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HomeMy WebLinkAboutORD 2025-66 - LCRA TSC Substation Property and Modular PropertyORDINANCE NO. 05 _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING A DEVELOPMENT AGREEMENT FOR LCRA TSC GEORGETOWN SUBSTATION, PERTAINING TO A PROPOSED IMPROVEMENT OF AN EXISTING ELECTRIC SUBSTATION ON AN APPROXIMATELY 1.24-ACRE TRACT OF LAND SITUATED IN THE CLEMENT STUBBLEFIELD SURVEY, OF WILLIAMSON COUNTY, TEXAS, AND GENERALLY LOCATED AT 920 W. UNIVERISTY AVENUE; AND THE TEMPORARY PLACEMENT OF A MODULAR SUBSTATIONON ON AN APPROXIMATELY 2.46-ACRE TRACT OF LAND AND BEING A PORTION OF THAT CERTAIN 15.490- ACRE IN THE CLEMENT STUBBLEFIELD 1/3 LEAGUE SURVEY NO. 31) ABSTRACT NO. 558 OF WILLIAMSON COUNTY, TEXAS, AND GENERALLY LOCATED AT 921 W. UNVIVERSITY AVENUE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City's Unified Development Code ("UDC") authorizes a property owner to apply for a development agreement in order to modify or delay certain requirements of the UDC (including any manuals adopted by reference in the UDC) and/or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under the UDC and the Code of Ordinances; and WHEREAS, LCRA Transmission Services Corporation ("LCRA TSC") has applied for a development agreement for its proposed improvements to the existing electrical substation on approximately 1.241 acres, more or less, consisting of (i) a 0.812-acre tract of land and (ii) a 0.429- acre tract of land, and described as that certain tract of land containing 1.24 acres, more or less, out of the Clement Stubblefield Survey in Williamson County, Texas, and generally located at 920 W. University Ave. (the "Substation Property"); and WHEREAS, LCRA TSC is planning to acquire a temporary interest for the purposes of temporarily placing a modular transformer and other temporary electric transmission facilities on approximately 2.46 acres, more or less, and being a portion of that certain 15.490-acre tract of land out of the Clement Stubblefield 1/3 League, Survey No. 3, Abstract No. 558, and generally located at 921 W. University Ave. (the "Modular Property"), and WHEREAS, the Project as proposed could not be accomplished under the UDC and the Code of Ordinances; and WHEREAS, the Committee and LCRA TSC have prepared the Development Agreement for the LCRA TSC Substation Property and Modular Property attached to this ordinance as Attachment 1 (the "Development Agreement") in order to modify or delay certain requirements of the UDC (including any manuals adopted by reference in the UDC) and/or any other provisions of the City Code of Ordinances in order to accomplish the Project; and Ordinance No.: .LO;Q — Pagel of 3 Description: LCRA TSC Substation Property and Modular Property Date: De cv 1,44 1, 2025 WHEREAS, the City Council of the City of Georgetown finds that the Development Agreement promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City; and WHEREAS, the City Council of the City of Georgetown finds that the Development Agreement is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance 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 ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. Section 3. The Development Agreement for the LCRA TSC Substation Property and Modular Property in substantially the form attached hereto as Attachment 1 is approved by the City Council and incorporated into this ordinance for all purposes by this reference Section 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to execute this ordinance and the Development Agreement and the City Secretary to attest. The Development Agreement and this Ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 25,11, day of /l oye , bay- , 2025. PASSED AND APPROVED on Second Reading on the t�1 day of O,o 2025. ATTEST: THE CITY OF GEORGETOWN Ordinance No.: G Page 2 of 3 Description: LCRA TSC Substation Property and Modular Property Date: C)e' Y By: Robyn Dc, smorc, City Secretary APPROVED AS TO FORM: Skye Masson, City Attorney Ordinance No.: PZo - Page 3 of 3 Description: LCRA TSC Substation Property and Modular Property Date: D¢rbor a, ,�,ZS CITY OF GEORGETOWN § DEVELOPMENT § AGREEMENT COUNTY OF WILLIAMSON § FOR THE § LCRA TSC GEORGETOWN STATE OF TEXAS § SUBSTATION The parties to this Development Agreement for the LCRA TSC Georgetown Substation ("Agreement") are the City of Georgetown, Texas, a Texas home -rule municipality (the "City") and LCRA Transmission Services Corporation, a Texas non- profit corporation ("Developer"). City and Developer are referred to collectively in this Agreement as "the Parties" and individually as "a Party." ARTICLE 1. Recitals 1.01 WHEREAS, Developer owns approximately 1.241 acres, more or less, consisting of (i) a 0.812-acre tract of land and (ii) a 0.429-acre tract of land, both shown on the attached "Exhibit A" (the "Substation Property") and described as that certain tract of land containing 1.24 acres, more or less, out of the Clement Stubblefield Survey in Williamson County, Texas, recorded in Vol 812, Page 421 and Vol 333, Page 451 of the Williamson County, Texas Deed Records. 1.02 WHEREAS, Developer is planning to acquire a temporary interest for the purposes of temporarily placing a modular transformer and other temporary electric transmission facilities on approximately 2.46 acres, more or less, as shown on the attached "Exhibit B" (the "Modular Property") and being a portion of that certain 15.490-acre tract of land out of the Clement Stubblefield 1/3 League, Survey No. 3, Abstract No. 558, recorded in Document No. 2025031164 of the Williamson County, Texas Deed Records 1.03 WHEREAS, the Substation Property and the Modular Property are in the City's jurisdiction; are zoned Residential (RS); and are designated as "Regional Center" in the City's Future Land Use Map, a land use category described on page 48 of the City's 2030 Comprehensive Plan. 1.04 WHEREAS, Developer desires to develop the Substation Property with improvements to the existing electrical substation facilities and the expansion of the equipment enclosure located on the Substation Property (the "Project") for the purpose of reconfiguring the existing substation to meet the growing demand of the City of Georgetown, Georgetown Electric Utility, and the surrounding area. Development Agreement — LCRA TSC Georgetown Substation Page 1 of 11 1.05 WHEREAS, in order to continue providing electric transmission services during construction of the Project, Developer desires to temporarily use the Modular Property for utility services. 1.06 WHEREAS, Developer desires to reach agreement with the City on the applicable standards for the construction of the Project, and as consideration for the City Council's approval of the standards, Developer has agreed to include certain alternative features related to the Project, also as described in more detail in this Agreement. NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties contract and agree as follows. ARTICLE 2. DEFINITIONS 2.01 Terms, if not defined herein, shall be as defined in the UDC. ARTICLE 3. CONDITIONS PRECEDENT TO DEVELOPMENT 3.01 Conditions Precedent to Development. Notwithstanding the City Council's approval of the Concept Plan pursuant to Section 4.01 of this Agreement, Developer agrees that development of the Substation Property is prohibited prior to the satisfaction of the following conditions precedent to development (the "Conditions Precedent"): A. Developer shall seek approval of the Site Development Plan Application as modified by this Agreement, (the "SDP") and, City staff will approve of the SDP provided it complies with the terms of this Agreement. 3.02 Cooperation. In the event the Project requires approvals by any governmental or regulatory entities other than City, Developer and City agree to work cooperatively to seek approval of the development of the Project. 3.03 Effect of Failure to Perform Conditions Precedent. This Agreement shall be void ab initio and shall have no force or effect if any one or more of the conditions precedent described in Section 3.01 of this Agreement are not fully performed on or before the dates such performances are required by this Agreement. ARTICLE 4. DEVELOPMENT OF THE PROPERTY Development Agreement - LCRA TSC Georgetown Substation Page 2 of 11 4.01 Concept Plan. Subject to the provisions of this Agreement, particularly Section 3.01, the City Council hereby approves the Substation Concept Plan attached hereto as Exhibit C and the Modular Concept Plan attached hereto as Exhibit D. 4.02 Alternative Development Standards. Notwithstanding any provision in the UDC, Developer agrees that it shall construct, or cause to be constructed, the Project on the Substation and Modular Property in accordance with the following provisions (the "Alternative Development Standards"'), which shall be reflected in the SDP approved by City Staff: A. Developer shall comply with all applicable federal and state laws, regulations, orders, and other requirements at the Substation Property and Modular Property, including but not limited to, all applicable Texas Commission on Environmental Quality (TCEQ) regulations. B. Developer shall provide appropriate documentation that demonstrates Developer's compliance with all applicable TCEQ regulations. C. Developer will construct a decorative masonry wall of at least eight (8) feet in height, but no taller than ten -and -a -half (10.5) feet, along the perimeter of the Substation Property adjacent to Highway 29. Developer will explore the feasibility of constructing a decorative wall at the rear of the property, and if it is not reasonably practicable to install a decorative wall, then Developer will provide additional screening, with a minimum opacity of 75%, on the existing security fence that is appropriate for an electrical substation. Any gates are exempt from the masonry and opacity standards stated above. D. Developer will provide a tree survey for the area of the interest it acquires on the Modular Property. If Developer is unable to meet the Critical Root Zone (CRZ) protection requirements of Sec 8.02.030.0 Protection of Critical Root Zone and applicable sections of the City's Construction Specifications and Standards Manual set forth as of September 30, 2025, Developer agrees to mitigate utilizing Sec 8.02.040 Removal of a Protected or Heritage Tree of the UDC. E. For the purposes of clarity only, enclosures with interior space which may be utilized for storage, maintenance work, etc. located on the Substation and Modular Sites are exempt from all provisions of the UDC applicable to buildings, including Development Agreement — LCRA TSC Georgetown Substation Page 3 of 11 but not limited to the Architectural Standards of UDC 7.03 as listed in UDC 7.03.020, provided the enclosures: 1.Do not exceed forty feet in height; and, 2. Do not include more than 300 sf of office space or more than 5,000 sf of interior space. ARTICLE 5. DEFAULT AND REMEDIES. 5.01 Developer's Default. In the event of a default by Developer that cannot be cured by the payment of money to the City ("Developer Default"), the City may give Developer written Notice specifying the Developer Default. Developer shall be allowed thirty (30) days to cure the Developer Default after the date of Notice thereof is issued by the City; if however, Developer has commenced performance of or compliance with its obligations with the thirty (30) day period, Developer shall be allowed up to sixty (60) days from the date of the City's Notice to cure the non-performance or non-compliance. During a Developer Default, the City shall not be required to process any applications, issue any approvals, or grant any permits to Developer for any City approvals pertaining to the Property. If a Developer Default is not cured within the applicable cure period, and if the City has not waived the default in writing, then after the expiration of the applicable cure period, the City may, in its sole discretion, and without prejudice to any other right or remedy allowed under this Agreement, seek any other relief available at law or in equity, all of which are cumulative and are in addition to any other right or remedy given under this Agreement which may now or subsequently exist in law or in equity by statute or otherwise, and the exercise of any one remedy does not preclude the exercise of another. 5.02 City Default. In the event of a default by the City under this Agreement, Developer may petition a court to require the City to specifically perform its obligations under the terms and conditions of this Agreement. However, in no event shall the City be liable for any monetary, consequential, or incidental damages, however caused, except to the extent (a) permitted under the Texas Tort Claims Act; or (b) arising from the City's or its agents' damage to the Property when inspecting or entering such property under this Agreement. ARTICLE 6. EFFECTIVE DATE AND TERM 6.01 Effective Date. This Agreement shall become effective on the latest date accompanying the signature lines of the duly authorized representatives of the Parties appearing on this Agreement. Development Agreement - LCRA TSC Georgetown Substation Page 4 of 11 6.02 Term. Except for the provisions of this Agreement that expressly survive termination, this Agreement shall commence and bind the Parties on the Effective Date and continue until a date which is five (5) years after the Effective Date, unless sooner terminated by express written agreement executed by all Parties, provided however, that this Agreement shall only apply as to the Modular Property upon acquisition by Developer of an interest in the Modular Property and shall terminate upon the termination of Developer's temporary interest in that property. ARTICLE 7. MISCELLANEOUS 7.01 No Special Districts. In furtherance of the purposes of this Agreement, the Parties, on behalf of themselves and their respective successors and assigns, covenant and agree that none of them shall initiate, seek, petition, sign, support, join in, associate with, consent to, or direct to be signed any petition or request seeking the creation of any other special taxing or assessment jurisdiction over the Substation Property. The provisions of this Section shall survive termination or expiration of this Agreement. 7.02 Agreement Binds Successors and Permitted Assigns. This Agreement shall bind and inure to the benefit of the Parties, their successors, heirs, and those assigns permitted by Section 7.04 of this Agreement. 7.03 Amendments. The Parties may amend this Agreement only by a written agreement of the Parties that identifies itself as an amendment to this Agreement. 7.04 Assignment. Developer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the City Council. Any other assignment or delegation, or purported assignment or delegation, are prohibited, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner. As used in this definition, a "change of control" is deemed to be an assignment of rights, and "merger" refers to any merger in which a Party participates, regardless of whether it is the surviving or disappearing entity. Notwithstanding anything herein to the contrary, the assignment of Developer's rights or delegation of Developer's obligations to another entity related to Developer or another electric transmission or distribution service provider does not require the consent of the City Council. 7.05 No Waiver. The Parties may waive any provision of this Agreement only by a writing executed by the Party or Parties against whom the waiver is sought to be enforced. A waiver made in writing on one occasion is effective only in that one instance Development Agreement — LCRA TSC Georgetown Substation Page 5 of 11 and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other Party who is not a signatory to the waiver instrument. No failure or delay in exercising any right or remedy or in requiring satisfaction of any condition under this Agreement, and no act, omission, or course of dealing among the Parties operates as a waiver or estoppel of any right, remedy, or condition. 7.06 Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not apply, and the Agreement shall be considered to be terminated by mutual agreement of the Parties. 7.07 Governing Law/Venue. The laws of the State of Texas (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Venue over any legal action or proceeding against any other Party arising out of or relating to this Agreement shall be in Williamson County, Texas. 7.08 Signature Warranties. Each of the Parties hereby represent and warrant on behalf of itself that the Party has full power to execute and deliver and perform the terms, duties, and obligations of this Agreement and all the foregoing has been duly and validly authorized by all necessary proceedings. This Agreement constitutes the legal, valid and binding obligations of the Parties, enforceable in accordance with its terms. 7.09 Counterparts. The Parties may execute this Agreement in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one Agreement. The signatures of all the Parties need not appear on the same counterpart, and delivery of an executed counterpart signature page via e-mail or by facsimile is as effective as executing and delivering this Agreement in the presence of the other Parties to this Agreement. 7.10 Recording. As it pertains to the Substation Property only, this Agreement shall be recorded by the City in the Official Public Records of Williamson County, Texas, at Developer's expense. 7.11 Effect on Individual Lot Owner. Except with regard to the Design Standards and compliance with POA requirements, if any, this Agreement is not intended to be binding upon, or create any encumbrance to title as to, any ultimate consumer who purchases a fully developed and improved lot within the Property from Developer. Development Agreement — LCRA TSC Georgetown Substation Page 6 of 11 7.12 Entire Agreement. This Agreement and the attached Exhibits contain 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 or amendments concerning this Agreement shall be of no force or effect excepting a subsequent written amendment to this Agreement executed by duly authorized representatives of all Parties. 7.13 Notice. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery," addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement, or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner will be effective only when actually received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: If to City: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 With a copy to: City Attorney City of Georgetown P.O. Box 409 Georgetown, Texas 78627 If to Developer: LCRA Transmission Services Corporation P.O. Box 220 Austin, TX 78767-0220 Attn: Real Estate Services With a copy to: Lower Colorado River Authority P.O. Box 220 Austin, TX 78767-0220 Attn: Legal Services Development Agreement — LCRA TSC Georgetown Substation Page 7 of 11 CITY: ATTEST: ..lbw .MISWL /Secretary M."r _ APPROVED AS TO FORM: By: s[uU I� A6-� City Attorney STATE OF TEXAS ARTICLE 8. EFFECT OF RECITALS 8.01 The Recitals in this Agreement are found and agreed to be true and correct and are incorporated into this Agreement by reference as if set forth in full. ARTICLE 9. EXHIBITS 9.01 The following exhibits are attached hereto and made a part of this Agreement for all purposes: Exhibit A Substation Property Exhibit B Modular Property Exhibit C Substation Concept Plan Exhibit D Modular Concept Plan [signatures on the following pages] CI LIM Development Agreement — LCRA TSC Georgetown Substation Page 8 of 11 COUNTY OF WILLIAMSON This instrument was cknowledged before me on the day of LQ�/L , 202 5 by or of the City of Georgetown, Texas, a home -rule city, on behalf of th City. (seal) Notary Public Signature EEM KAREN FROSTery Public, State of Texasmm. Expires 06 24-2028Notary ID 10536084 Development Agreement - LCRA TSC Georgetown Substation Page 9 of 11 DEVELOPER: LCRA Transmission Services Corporation, a Texas non-profit corporation By: Name: Mark Sumrall Title: Director of Real Estate Services (Authorized Agent) STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2025, by of a on behalf of (seal) Notary Public Signature Development Agreement — LCRA TSC Georgetown Substation Page 10 of 11 rT , \ \ \ ©|||k||| [ \� U „ ' ! . d || |||ll|��� | | , || ,,,,,,,,,,,,,,,,,,,,,,,,,,. , , . � ............................ 111111tioll . ji ■ ,`-1 t a., Z oz g td O w g9g E r rU w ma LU _ of O =Wsgo vi Z $ga W x g g C (V