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HomeMy WebLinkAboutAgenda CC 08.22.1995NOTICE OF MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, August 22, 1995 The City Council of the City of Georgetown, Texas, will meet on Tuesday, August 22, 1995, at 5:30 p.m. in the City Council Chambers, located at the northeast corner of Seventh and Main Street in Georgetown, Texas. If you need accommodations for any type of disability, please advise in advance. Detailed explanatory information on the items listed below is compiled in an agenda packet which is distributed to the Mayor and each member of the Council. An agenda packet is also available at the Public Library, for the use of interested citizens. Workshop --Call to order 5:30 p.m. A Discussion of the changes to the minimum fine schedule set by the Municipal Court Judge/Don Higginbotham B Councilmembers to share/discuss educational/training programs attended at the annual Association of Mayor's, Councilmembers, and Commissioners Conference Regular Session - (To convene Executive Session) Will begin no earlier than 6:30 p.m. Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee Regular Session - Will begin no earlier than 7:00 p.m. F Action on Executive Session items Public Hearing G Proposed 1995-1996 City of Georgetown Annual Operating Plan Consent Agenda Consent agenda includes non -controversial and routine items that council may act on with one single vote. A councilmember may pull any item from the consent agenda in order that the Council discuss and act upon it individually as part of the regular agenda. H Consider approval of meeting minutes --Regular Meeting of August 8, 1995/Sandra Lee City Council Agenda/August 22, 1995 Page 1 of 5 Pages I Consider approval of a contract for the Annual Electrical Distribution Transformers/Jim Briggs J Consider approval of an award of bid to AvFuel Corporation for aviation gasoline in the estimated annual amount of $88,360.00 and for jet fuel in the estimated annual amount of $55,040.00/Hartley Sappington and Terry Jones K Consider approval of the annual bid for tires and tubes to various bidders in the estimated amount of $13,380.00/Susan Morgan and Terry Jones L Consider approval of Agreement No. 95-1, in the amount of $150,000, between the City of Georgetown and McCord Engineering to provide engineering services related to the electric service and street light design of the Sun City project/Jim Briggs M Consider approval of an agreement with Georgetown Independent School District providing for the assessment and collection of property taxes for 1995-1996/Susan Morgan N Consider authorizing the City Manager to execute an agreement with Washington Scientific Instruments terminating an earlier agreement for utility capacity and line extension/Bob Hart O Consider approval of a construction and maintenance agreement between the City of Georgetown and the Texas Department of Transportation for a sidewalk to be constructed in the State right of way on FM2243 in the vicinity of Norwood Drive/Jim Briggs P Consider approval of an engineering contract agreement with Dennis Worley, P.E. dba Dennis Worley and Associates for engineering services related to the Sun City natural gas distribution system/Jim Briggs Q Consider a Final Plat of Berry Creek, Section Eleven, Phase One/Ed Barry and Hildy Kingma R Consider approval of a Concept Plan of 88.55 acres in the William Addison Survey to be known a First Charter Subdivision/Ed Barry and Hildy Kingma S Consider approval of the Final Plat of the Planned Unit Development of Sun City -Georgetown Subdivision, Phase 1, Neighborhoods Five -A and Five-B/Ed Barry and Hildy Kingma T Consider approval of a Concept Plan of Churchill Farms, a 56.99 acre tract in the William Addison Survey, located on SH29 East/Ed Barry and Hildy Kingma U Consider approval of a Short Form Final Plat of a Resubdivision of Berry Creek, Section Five, Block D, Lot 4/Ed Barry and Hildy Kingma City Council Agenda/August 22, 1995 Page 2 of 5 Pages V Consider approval of a Detailed Development Plan of a 0.81 acre tract in the Antonio Flores Survey, to be known as Lot 2, RCL Subdivision, and requested variances to the Subdivision Regulations/Ed Barry and Hildy Kingma W Consider approval of a variance from the design standards of the Subdivision Regulations and the approved Detailed Development Plan for 103.59 acres in the William Addison Survey, known as the Williamson County Unified Facility/Ed Barry and Hildy Kingma X Consider waiving the detailed development plan requirement for Murray's Chevron, on Lot 2, Block 7 of Gabriel Heights Subdivision located at 1101 North IH35/Ed Barry and Hildy Kingma Y Consider approval of a variance from the building setback requirements of the Subdivision Regulations for Berry Creek Subdivision, Section Nine, Phase Three, Block A, Lot 42; located at 30404 LaQuinta Drive/Ed Barry and Hildy Kingma Z Consider a resolution to authorize a license to encroach into the platted Public Utility Easement located along the east side property line of Lot 42, Block A, Berry Creek Subdivision, Section Nine, Phase Three, located at 30404 LaQuinta Drive/Ed Barry and Hildy Kingma Regular Agenda Council will individually consider and possibly take action on any or all of the following items: (Council may, at any time, recess the regular session to convene in executive session at the request of the Mayor, a councilmember, or the City Manager.) AA Citizens wishing to address the Council BB Mayor, Council, City Manager, and staff comments and reports • Finance Report on the Public Funds Investment Act CC Second reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Utility System Revenue Bonds, Series 1995A, in an amount not to exceed $6,825,000/Bob Hart and Susan Morgan DD Second reading of an ordinance authorizing the issuance of the City of Georgetown, Texas General Obligation Refunding Bonds, Series 1995/Bob Hart and Susan Morgan EE Second reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1995, in an amount not to exceed $725,000 to be used for stormwater drainage improvements/Bob Hart and Susan Morgan City Council Agenda/August 22, 1995 Page 3 of 5 Pages FF First reading of an ordinance to rezone Stonehedge Subdivision, Section Three, Block J, Lot 31, from A, Agricultural to RM-2, Dense Multifamily or any more restrictive classification e.g. RS, Single Family Residential; and a request to waive rezoning fees/Ed Barry and Hildy Kingma GG First reading of an ordinance to rezone 48.511 acres and 2.7355 acres in the William Addison Survey, and Stonehedge Subdivision, Section Three, Block N, from A, Agricultural to RS, Single Family Residential and C-1, Local Commercial or any more restrictive classification; and a request to waive rezoning fees/Ed Barry and Hildy Kingma HH First reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family/Ed Barry and Hildy Kingma II First reading of an ordinance amending Ordinance 92-30 relative to the second amended contract with Texas Crushed Stone, Georgetown Railroad Company, and Merle P. Weir Estate for the extension of the time period for the Southwest Georgetown Industrial District/Bob Hart A JJ Consider approval of a variance from the design standards of the Subdivision Regulations for the resubdivision of Berry Creek Subdivision, Section Six; Section Seven, Phases One an Two; Section Eight, Phases One, Two and Three; and Berry Creek Subdivision, Section Eleven/Ed Barry and Hildy Kingma KK First reading of an ordinance to require the Municipal Court Judge, that is appointed by the Council, to set the minimum fine amounts for Class "C" Misdemeanors falling within the Municipal Court's jurisdiction/Susan Morgan and Laurie Brewer LL First reading of an ordinance amending Chapters 8.04 and 2.32, and Title 15 of the Code of Ordinances, providing the adoption of updated versions of the Building and Electrical Construction Codes/Ed Barry and David Hall MM First reading of an ordinance amending Chapter 2.60 of the Code of Ordinances for the Board of Electrical Examiners/Ed Barry and David Hall NN First reading of an ordinance adopting revisions to the City's Subdivision Regulations/Ed Barry and Hildy Kingma 00 Vote to place adoption of the proposed tax rate on a future agenda and set public hearing on the proposed tax/Susan Morgan PP Consider an award of bid in the amount of $771,344.00 to Sutphen Corporation for two Quint - type fire apparatus/Susan Morgan and Terry Jones City Council Agenda/August 22, 1995 Page 4 of 5 Pages QQ Consider appoinment of two members to the Board of Directors of the Georgetown Industrial Development Corporation/Mayor Wood RR Consider a resolution supporting a potential regional water partnership with the City of Leander/Bob Hart SS Final comments and evaluation of meeting process Adjournment CERTIFICATE OF POSTING I, , City Secretary of the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted on the day of , 1995, at a.m./p.m. City Council Agenda/August 22, 1995 Page 5 of 5 Pages 9-504:0-1,P�1 FR��M First Southwest Co. Aus TO 9�) 16sl F. 07 CITY OF GEORGETOWN, TEXAS Bond Issues Summary 18-Aug-85 Revenue Certificates Refunding Bonds of Obligation Bonds Par Amount of BondslCertificates $6,825,000 $ 725,000 $1,375,000 Average Annual Debt Service $ 666,733 $ 62,487 $ 215,387 Net Interest Cost (NIC) 6,11 % 5.94% 4 92% Estimated NIC (Preliminary Official Statement, 7/25195) 6.35% 6.25% 4.91 % I G.Q. Refunding Total S Savings NIA NIA $ 1.05,534 j G.O. Refunding Average Annual Savings NIA NIA $ 11,726 i G.O. Refunding Present Value Savings % WA NIA 6.70% Ratings S&P A A" A* f Moody's A A A ; .r Upgraded from 'A•' to 'A' 8/16195. Transaction Highlights: = Bonds sold below estimated Net lnterest'Cost, despite volatile bond market (Rev.'s achieved better rate than Austin Airport Bonds carrying same MBiA "AAA' ratings) Very aggressive bond insurance quotes received by the City, echoing the improved credit quality of;the City reflected in the G.O. rating upgrade from S&P 08-18-199-5 4:G ^ V FROM First SouthwestCo. Aus TID w + 3J0.JboI P. 02 CITY OF GEORGE-TOWN, TEXAS Bond Issues Summary 18-Aug-85 Par Amount of Bonds/Certificates Average Annual Debt Service Net Interest Cost (NIC) Estimated NIC (Preliminary Official Statement, 7125195) G.O. Refunding Total S Savings G.O. Refunding Average Annual Savings G.O. Refunding Present Value Savings % Ratings Upgraded from "A•" to 'A w 8/16/95. i Revenue Certificates Refunding Bonds of Obligation Bonds $6,325,000 $ 725,000 $1,3715,000 $ 6615,733 $ 62,487 215,387 6,11 % 5.94% it 4.92% 6.35% 6.25% 4.91 % NIA NIA $ 1,05,534 f WA N/A $ 11,726 NIA NIA 6.70% i S&P A A* A* t Moody's A A ' A f i; •f ii `I �i Transaction Highlights: Bonds sold below estimated Net Interdst'Cost, despite volatile bond market (Rev.'s achieved better rate than Austin Air rt Bonds car in same MBIA "AAA" ratin s) Ao rY 9 g * Very aggressive bond insurance quotes received by the City, echoing the improved credit quality of1he City reflected in the G.O. rating upgrade from S&P 04:08PM FFRO M First. S0UthiLIeS i Aus TO 3 G-Z 1 F.O Estimated Impact of Ratings Upgrade City of Georgetown, Texas $2,100,000 $3,000,000, G.O. Bonds G.O. Bonds Sold 8/18/95 Proposed for'9$ Estimated Interest Rate Differential of Underlying "A" vs. "A-" 0.05% 0.05% Average i_ife of 20 Year Bond Issue 12.5 Years 12.5 Years - Dollar Impact of Change in Rating $ 13,125 $18,750" Does not include possible reduction in bond insurance premium due to rating upgrade. Council Meeting Date: August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT A Workshop discussion of the changes to the minimum fine schedule, set by the Municipal Court Judge. ITEM SUMMARY The minimum fine schedule sets the base amounts that become due upon violations that fall within the jurisdiction of the Municipal Court. The current minimum fine schedule has not changed since before 1988. State taxes have been increased several times since then, but we have not increased the fine amounts, which are retained by the City. Surveys of fines in similar cities have shown that Georgetown's fines amounts are less than most cities. SPECIAL CONSIDERATIONS FINANCIAL IMPACT The new fine schedule is expected to be in place by October 1, 1995. This should increase the fine revenue to the City, which is part of the revenues in the General Fund. COMMENTS None. ATTACHMENTS None. Submitted By: n� Susan L. Y1 Laurie M. Morgan, Director of Finance and Administration Brewer, Staff Accountant/Municipal Court Supervisor Council Meeting Date: August 22. 1995 Item No. <9 AGENDA ITEM COVER SHEET SUBJECT Public hearing on 1995/96 Annual Operating Plan as proposed by the City Manager. ITEM SUMMARY The proposed 1995/96 Annual Operating Plan document will be available for public review at the Public Library, located at 808 Martin Luther King, City Hall located at 609 Main or Finance Director's Office located at 113 E. 8th Street. . SPECTAL CONSIDERATIONS FINANCIAL IMPACT COMMENTS ATTACHMENTS Letter to Council Submitted By: �� Susan L. Morgan, Director of Finance and Administration 4' G CITY OF wv FDUNDED IN 1648 August 16, 1995 Dear Mayor and Council, The preparation of the budget document (Annual Operating Plan Element of the Georgetown Century Plan) is the most important document which you guide and approve during the year. Your direction is the basis for not only the allocation of the City's financial resources, but also of staff time and efforts. Your guidance at the Retreat enabled me to provide staff with clear expectations of the Council and community better than any budget with which I have been associated. As you review this document, I am confident that you will come to the same conclusion. This budget is a true reflection of the mission statement and the vision and the expectations set ferth during your retreat. The Mission of the City of Georgetown is to initiate action which will preserve and enhance the quality of life and Georgetown's unique character by preparing for the future through the: Preservation of Georgetown's rich heritage and natural resources; Promotion of well -planned development, cost effective professional management and competent, friendly services, and Protection of its citizens, the environment and all other assets. BUDGET PRIORITIES Growth was the major issue at the retreat. Within that context, transportation, delivery of services, providing gas to Sun City, development of water resources through a regional water partnership, retaining the historic character and economic viability of the downtown, and the financial condition of the City were clearly at the forefront. The following issues are addressed individually: transportation, a gas utility system, water resources, the downtown business district and the financial condition of the City. Other service delivery issues are summarized in the Budget Highlights portion of this transmittal letter. 1. Transportation Transportation was by far the key issue expressed at the retreat. The need for efficient transportation is a primary visible impact of growth in any community. With the growth that is UTILITY OFFICE • POST OFFICE BOX 1 430 0 GE❑RGET❑WN, TEXAS 78627 0 51 2/930-3640 0 FAX: 51 2/930-3534 occurring in Georgetown now, traffic volume and transportation flow are of chief concern. This fidget begins the shift from a reactive to a proactive transportation planning mode. Within this ncept, the budget proposes $2.2 million in street improvements during 1995/96. • Improvements to the northwest quadrant of the City will be done using service improvement program (SIP) fees paid by Del Webb. The $660,000 in improvements include: constructing Dawn Drive (Park Meadow to River Bend), constructing Northwest Blvd. to Lakeway and rebuilding Country Club Road from Williams Drive to the river. This strategy uses cash financing (SIP fees) for an on -going transportation improvements program instead of debt financing. • Other areas of Georgetown are also experiencing greater traffic congestion. Improved traffic flow is proposed through $1,370,000 in projects which will be financed through general obligation debt. These projects include construction of Quail Valley from 1460 to Maple, rebuilding of 15th Street from Hutto Rd to Maple and construction of Railroad St. from Leander Rd to University. The proposed improvement will increase property taxes approximately 2.5 cents in 1996/97. `- • The budget allocates 3.3 cents of property tax revenues, or $170,000, to on -going street maintenance and repair. This is year two of the Council's 5 year plan to increase property tax revenues dedicated to streets. The ultimate goal of 5 cents is outlined in the Budget and Financial policies section. • State projects already in process will continue in 1995/96 including the 1-35 frontage road, extension of Leander Rd (R.M. 2243) from Austin Ave. to F.M. 1460, and the State Highway 29 bridge widening. • During the year, Council will need to guide the preparation of a detailed 5 year transportation improvement plan. This plan will serve as a guide for future street infrastructure projects. 2. Gas Utility System The City has committed to provide gas service to Sun City Georgetown. The planning, design and installation for the infrastructure and system are underway. This year's budget includes $1, 500,000 in estimated capital improvements and $245,325 in operating costs for the system. We will hire a gas foreman as soon as possible to oversee installation and start-up. Although long- term the system will be profitable for the City, the first three to five years will require money for start up costs. The City will invest $70,275 of SIP fees received from Del Webb to pay for operating costs not offset by system revenues. This funding strategy will keep the gas utility from depleting the financial resources of the other utility funds during its start up phase. This system is also part of our long-term strategy to maintain a viable electric system in a de -regulated market. 3. Water Resources Our three primary water issues are obtaining additional water supply for the future from Brazos River Authority (BRA); negotiating a regional partnership with Jonah Special Utility District, the City of Leander and other communities; and reducing the peak water demand on our water system. The reduction of the peak water demand is critical to our ability to maintain the City's current water rates. If the treatment plant expansion required for the City of Leander and Sun City occurs as heduled in 1997/98, we will be forced to raise our water rates significantly in order to pay debt 1995196 Operating Plan Element - Transmittal Letter Page ii of xiii service on the plant. This budget includes funds for two programs designed to extend the current treatment plant capacity. One is a pilot program that will increase the rated water treatment plant capacity. The other program is to' aggressively pursue a public education program on water conservation and "shaving" the summer peak demand on the City's plants. 4. Downtown Georgetown Maintaining the Main Street program was listed as one of your top priorities. This budget includes direction to look at parking alternatives including the feasibility of a multi -story garage on the recently purchased Heritage Baptist Church location. The part-time Main Street position is also continued in this budget. 5. General Fund Condition This issue involves the financial integrity and quality of service for the City as a whole, not just the General Fund. Our efforts in this area have been affirmed by the bond rating upgrade we have just received from Standard and Poor's on our General Obligation debt. Our commitment to recovering from decreased tax rates in the late 80's and early 90's was affirmed by the Mayor at our June, 1995 presentation to the rating agencies when he assured them that the City was willing to do whatever it takes to keep improving our position. To address this issue the budget includes several proposals: • Adopt a tax rate that covers increasing costs and maintains quality services. The proposed rate of $.37 per $100 valuation is a 9.1 % over last year. Over half of the increase covers additional debt issued during the year. The actual affect on the average homeowner will be an increase of $28.07 per year in City taxes. • Maintain self supporting utilities. No increases are recommended for water, sewer or electric rates. We have not had a rate increase for these services in four years. In order to maintain these rates we must stop covering large operating deficits in Sanitation and Stormwater as well as reduce transfers to the General Fund. The budget recommends rate increases in Stormwater Drainage of $0.50/month per residential equivalent unit and in Sanitation of $0.75 /month for residential and 7.5% for commercial. The recommended increases will decrease the Stormwater operating deficit from $119,000 in 1994/95 to $41,000 in 1996/97 and decrease the Sanitation Fund operating deficit from $97,000 in 1994/95 to $41,000 by 1996/97. • As part of our long-term strategy, we recommend that the Council and the Parks & Recreation Board consider the adoption of a % cent sales tax for Parks. This would relieve the increasing burden on the General Fund for parks and recreation programs as well as provide money for the development of new parks and the next phase of the River Corridors park system. • The staff will propose a five year business plan for the City during 1995/96. This plan will address services as well as financial impacts for the coming years. • The Council will consider the adoption of impact fees for water and wastewater in the next 60 days. These funds will be dedicated to growth related water and wastewater system improvements. The use of impact fees for system expansion reflects council direction to shift the financial burden of growth to new development instead of current rate payers. All of these items must be considered in order to improve the City's General Fund position. 1995196 Operating Plan Element - Transmittal Letter Page iii of xiii DIRECTED GROWTH The City of Georgetown is no longer the country town of years past. Georgetown is now a small city in a metropolitan area with urban service expectations. We are now in an elite group of communities: Sun City Palm Springs, Sun City Las Vegas, Sun City Hilton Head... Sun City Georgetown. These are the communities whose standards we must meet. We are no longer that great little town north of Austin, we are now in high company! Development and growth are upon us. In order to maintain the quality of life of that country town" and meet the level of service expected of a city, we must stay ahead of the growth and development of our community. Your priorities from the June Council retreat reflect these needs. More importantly, however, is your commitment to the future by providing visionary leadership and the resources to accomplish your vision. This leadership is vital to the future of Georgetown and will determine the quality of life of our residents. The budget includes expansions in Police and Fire Services, Transportation, Parks and Library services. BUDGET HIGHLIGHTS As previously noted, most of the additions included in this budget are demanded by growth and related issues. Many of your priorities from Council retreat reflected these same issues. As always, the Georgetown Century Plan guides. our responses to these issues. There are 20 additional staff members proposed over the several months as well as funding to increase communications and staff efficiency. These additions and the Ends that they accomplish follow. Economic Development End Statements: The city has a broad tax base with minimal impact from economic fluctuation through diversified growth and business opportunities to create jobs. The downtown is an economically viable component of the retail and business community. All citizens actively participate in local trade and commerce. The tourism industry in Georgetown is developed and promoted. The City has a self-sustaining economy. The City shall actively support tourism as a major industry by providing those things that will make this area attractive to both short-term and long-term tourists. Means for Accomplishment: This budget continues are our funding of the Georgetown Industrial Foundation and includes Texas Capital Fund grant,programs for Reedholm Instruments and Advanced Cable Services. The part- 1995196 Operating Plan Element - Transmittal Letter Page iv of xiii time Main Street position and feasibility study of a downtown parking facility will also further the City's tourism and economic development efforts. Education Diverse and comprehensive educational opportunities are available through public and private cooperative efforts. This budget includes the addition of a Reference Librarian position to improve information services available to the public. The Library's ability to provide services will be further enhanced by the upgrade of the current software program also included in the budget. Environmental and Resource Conservation End Statements: The physical attributes that make Georgetown attractive are protected. The City has a water resources system that provides a sufficient water supply of high quality to meet future City needs, economic development and recreational requirements, and to conserve wildlife. Means for Accomplishment: As previously noted, the City will need to expand its treatment capacity at the Lake Water Treatment Facility in order to provide water to Sun City, other new development and the City of Leander. This will be expensive and our current water system is already highly leveraged. This expansion will require a water rate increase as early as next year if the expansion occurs as scheduled. The average daily use of water in Georgetown is 2.9 mgd during the winter while our peak requirements during the summer is 9.6 mgd. With our current growth rate, peak usage trends and current total capacity of 12 mgd, we. will begin the plant expansion in as little as 18 months if we do not take proactive action. In order to more efficiently utilize that capacity, we need to "shave the peak" during those 20 to 30 summer days with the highest demand. This budget includes $75,000 for a water conservation program. Our plan is to begin in early 1996 and emphasize - voluntary compliance in the summer of 1996. More drastic measures will need to be taken in 1996/97 if not enough response is received. We have also included $50,000 in water capital projects to perform a pilot treatment process that could expand our capacity. These efforts in conjunction with other financial planning are geared toward not raising water rates through the year 2000. Facilities and Services End Statements: The City enjoys a high quality of life with excellent facilities and services which meet the specific needs of the community. 1995196 Operating Plan Element - Transmittal Letter Page v of xiii Georgetown is effective at resolving issues related to crime, disorder and fear of crime. There is trust and harmony between the police and all segments of the community. Georgetown provides an adequate level of fire protection equitably throughout the City. " The City has Park Facilities and Recreational Programs which meet the leisure needs of citizens.' Georgetown is prepared to respond to large scale natural and technological emergencies.' (*Proposed new Ends) Means for Accomplishments: Growth has dictated many needs and additions in this area. Effective management of our employee and information resources will be a key element to our success in achieving our mission statement. During the 1995/96 budget year, staff will coordinate the preparation of an update to the Facilities and Services Functional Plan element, in conjunction with a Council -appointed citizen group and support from graduate classes at the University of Texas. Fire Services. The 1995/96 budget includes significant improvements to the City's fire services. Three additional firefighters, along with continuation of the compensated volunteers program and a constant staffing and scheduling strategy, will increase the number of firefighters on duty from 4 to 7. In order to limit future staffing increases, the purchase of quints (combination ladder and pumper trucks) instead of conventional fire pumpers, is recommended. The additional cost of the quints will be offset with proceeds from the sale of our current ladder truck. We will also complete the design of Fire Station #3 to be located in Sun City, and begin studying the feasibility of moving Station #1 to the south and investigating what other city or county services should be included at that location. Information Resources. This budget includes improvements to the City's computer hardware, software and most importantly to the management and effective use of those resources. The information services will be reorganized into a new Information Resources division that will be managed by the current Director of Management Services, Elizabeth Gray. The division will include the Information Services (IS) department and internal service fund, the Geographic Information Systems (GIS) Coordinator, the Public Library, newsletter, records management and other information related areas. The budget includes adding 1.5 employees to increase IS support and installing a city-wide network that will drastically improve our communications and effectiveness. This network will also serve as the first phase of a fiber optic system that has been discussed with Williamson County Cable. Employee and Organizational Services. Our greatest single resource in providing quality services is our employees. In order to contain costs over this period of rapid growth, effectively managed and well -trained staff will be critical. This budget includes creating a Director of Employee and Organizational Services position (to be filled by the current Human Resources Director, Teresa Hersh) and two additional human resources staff to ensure that only quality employees are hired and retained. These new positions will also assist throughout the organization to implement process improvements and minimize future staff increases. The creation of this department is a fundamental part of implementing our organizational values statement which emphasizes Trust, Effective Communication, Teamwork, Professionalism and Quality Of Life. Funds to continue the pay for performance system implemented in December 1994 are included as well as funds to bring current salaries to the market median. 1995/196 Operating Plan Element - Transmittal Letter Page vi of xiii Other. The community oriented policing program will be continued with the addition of an administrative assistant and evidence custodian. Both Fire and Police will be enhanced by the replacement of current hardware and software for public safety scheduled for 1995/96. We will improve citizen contact and follow-up, and internal administration with the addition of another administrative assistant and reorganization of duties within the City Manager's Office. Funds to remodel existing office space to accommodate additional staff are also included. This budget also includes an additional mechanic for the Vehicle Service Center, an additional Customer Service Representative for the Utility Office, and an additional Administrative Assistant for the City Attorney. Finance End Statements: All municipal operations are conducted in an efficient business -like manner. z.- Each utility system is a self -supported operation. The tax rate is reasonable and fair and does not hinder economic development. Sufficient financial resources for both short-term and long-term needs are provided Means for Accomplishment: The items outlined above are critical parts to maintaining the financial well-being of all of the City's operations. Our long-term goal is to limit all rate and tax increases; however, limited property tax, garbage and stormwater rate increases are needed to recover from several years of over- dependence on other utility revenues. Preparation of a five year business plan in conjunction with the update of the Facilities and Services Functional Plan element will provide needed information and recommendations on what the City can do to limit further tax rate increases and eliminate water, sewer and electric rate increases for the next four years. One of the financing strategies included in this budget is the limited use of SIP fees collected from Del Webb to pay for some of the one-time growth related costs and start-up costs for the gas utility. This reduces pressure to use other operating revenues or issue additional debt. Most of the fees collected in 1995/96 will be used to cash finance water and street infrastructure. The budget includes maintaining a $500,000 reserve of the water and wastewater SIP fees collected in 1995/96 to pay for future projects and debt service payments. Governmental Affairs End Statements: The City cooperates with all other entities which provide services in the Community All citizens actively participate in governmental functions. 1995196 Operating Plan Element - Transmittal Letter Page vii of xiii Means for Accomplishments: Funding is provided for limited advisory board and commission member training. We will also continue our efforts to coordinate our activities with Williamson County and Georgetown Independent School District. Growth and Physical Development End Statements: Land use patterns within the City provide economic, cultural, and social activities to all residents, businesses and organizations The City's regulations implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense. Annexation procedures and standards benefit the community. The City will encourage new development and in -fill redevelopment in the community. The City maintains a system to aid in the creation of environmentally suitable development projects Means for Accomplishment: You will provide direction on the preparation of an annexation policy plan during the upcoming year. This plan will serve as the guide for future annexations. Additional areas in the Sun City development will continue to be annexed as needed. The first phase of incremental revisions to zoning ordinance will be completed as well as the sunset review of the sign ordinance. The growth activity continues to place a burden on staff resources. The four additional inspectors and one additional administrative assistant added to the Building Inspection department during the last quarter of 1994/95 will allow the City to handle the permitting and inspection workload anticipated for Sun City without additional staff in 1995/96. Late in 1994/95, the addition of one senior planner will be recommended to manage the increased development workload in that area. This position will be funded using additional fee revenues from Del Webb. This budget also includes adding a systems technician in the Systems Engineering department to maintain city utility system models and assist with the development review process. The development review and approval process re -engineering begun in 1994/95 will be completed and begin automation efforts for that process will begin in 1995/96.. Health and Human Services End Statements: Comprehensive and affordable services are available through public and private health and human services related organizations. 1995196 Operating Plan Element - Transmittal Letter Page viii of xiii City staff will continue to participate in the activities of the Health and Human Services Task Force, in cooperation with Georgetown Hospital and Georgetown Independent School District. Staff will work with the group to guide the results into a Health and Human Services Functional Plan element of the Century Plan. The social services contract are listed depicting the current, requested, and recommended funding levels. Agency 94/95 Funded Level Requested Williamson County Health Department $22,500 $26,612 Williamson County Mental Health Board, Inc. -- 5,000 GIVE Board 10,000 10,000 Williamson County Literacy Council 2,500 2,500 WBCO Crisis Center 10,000 10,000 WBCO Transpiration 5,000 5,000 WBCO Nutrition 3,000 3,000 Project Pride 500 N/A Sertoma Fireworks 4,000 NIA Stonehaven 12,000 12-,000 Mary Bailey Utilities/ WBCO Head Start 6,975 N/A Madella Hilliard Utilities & Maintenance 6,150 N/A Recommended $22,500 -0- 10, 000 2,500 10,000 5,000 3,000 z 500 4,000 12,000 6,175 5,150 The City also provides office space and landscape maintenance to the local United Way. Historic Preservation and Urban Design Prehistoric, historic, and cultural resources are preserved, protected and promoted. The City utilizes an urban design program to: improve the overall appearance of the City, develop a positive image that identifies Georgetown, and enhance the attractiveness of the City for an environmental, aesthetic and economic perspective. Means for Accomplishment: The Historic Preservation and Urban Design plans will be separated and considered as individual plan elements. These plans have been postponed until 1996/97 due to limited staff resources and pressing needs for other plan elements. Housing End Statement: The City, builders, developers and property owners provide safe and adequate housing opportunities for all household types. Means for Accomplishment: Affordable housing continues to be an important objective of the City. The function will transfer from the Director of Management Services to the Director of Community Services who will further 1995196 Operating Plan Element - Transmittal Letter Page ix of xiii pursue third party funding alternatives. The completion of scheduled drainage projects for the 22nd and Leander Road will also open up that area for affordable housing development. Recreation and Cultural Affairs End Statements: All citizens actively participate in community -wide social, cultural, and recreational activities. All citizens have the opportunity to participate in recreational and cultural programs. Means for Accomplishment: Phase II of the River Corridors Park system will be completed in early 1995/96. The budget includes additional parks maintenance workers to maintain the new park areas as well as provide better service in existing parks. The new Recreation Center continues to be an outstanding success. We will continue to pursue new recreational activities for youth and adults. A key element to continuing to provide high quality parks and recreation programs to Georgetown will be careful consideration of the '/Z cent sales tax to pay for these programs. The General Fund condition and heavy growth will greatly limit our ability to maintain these services without it. The parkland dedication fees generated by the Sun City development and other growth will give the City additional funds for parkland acquisitions and improvements. In 1995/96 these fees will be used to purchase land for parking at Blue Hole ($90,000) with construction of the parking lot scheduled for 1996/97. Various park and related improvements will be made through the use of donated funds and excess recreation program revenues including: installation a sprinkler system for Founder's Memorial Park, initial phase of a new park at 17th and Walnut, upgrade lighting at softball fields and make Improvements to swimming pools. Transportation End Statements: The City's transportation system provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals. A transportation functional plan is utilized with costs fully considered and decisions based on cost effectiveness for the particular element. Means for Accomplishment: The transportation improvements as outlined above are critical to improving existing traffic flows within the City and meeting the requirements from new development. The budget also includes an additional street maintenance worker to keep pace with additional day-to-day demands in that department. 1995196 Operating Plan Element - Transmittal Letter Page x of xiii The Airportwill complete a stormwater pollution abatement plan and an Airport Master Plan in 1995/96. The construction of detention and filtration facilities at the Airport is budgeted; however, construction will not begin until required by the Texas Natural Resource Conservation Commission. Beginning in 1995/96, the General Fund will supplement the Airport Fund by $13,485 per year. This supplement, plus increased hangar and fuel rates, should bring the fund out of a deficit position by the year 2000. Utilities / Energy End Statements: The City will investigate the feasibility of using available and emerging alternative energy sources. The City utility policies take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful environmental/ecological impact. z- The City's Functional Plan for utilities creates and maintains a posture that encourages and provides economic development in the City of Georgetown. A self -funded stormwater drainage is maintained. Water, wastewater, electricity, and solid waste collection services meet the immediate and future needs of all citizens and encourage and provide for economic development. Franchised utilities provide adequate services for all citizens. Means for Accomplishment - This budget includes a new gas utility as discussed above and the proposed Customer Controlled Load Management (CCLM) system. This system will include automated meter reading as a base with other broadband services to be added in future years. The current cost estimate of $1.8 million (allocated among water, electric and sewer) is included in this document, but may not be feasible at that price. We are in the process of reviewing proposals, looking at other alternatives and discussing cost sharing options with LCRA. We anticipate bringing a plan to Council early in the 1995/96 fiscal year. An additional electric lineman is included in the budget to help with the expansion of the electric system and the water and wastewater treatment contract increased for the addition of the Berry Creek System. The initial water and wastewater improvements to serve Sun City will be completed early in 1995/96. Electric improvements to serve Sun City have begun and will be on -going during the year. Utility projects include: 1995/96 Operating Plan Element - Transmittal Letter Page xi of xiii Water, Sewer & Electric Infrastructure Projects for 1995/96 ELECTRIC: , On -going system improvements $828,800 Sun City Georgetown improvements 1,751,450 WASTEWATER: Pecan Branch Interceptor - completion 152,000 River Study: TNRCC required 12,000 Force Main/Airport Gravity Line - compl. 350,000 Effluent Return Line - completion 170,000 Smith Branch Phase 1 300,000 Sewer Capital Projects 108,000 Hart Street Phase 1 170,000 Oakcrest Rehabilitation 165,000 Pecan Branch WWTP Permitting 46,000 Pecan Branch Inter. Phase II 100,000 WATER: N. 81 - County Rd 151 Loop 50,000 N. Business 35 Connect 145,000 Booty's Road Connect 45,000 Water Capital Projects 57,000 IH-35 at Riverhills 150,080 Williams Drive & Central 111,000 Regional Water (City of Leander) 584,000 Southside Tank Painting 50,000 Southside Wells (Leander) 105,000 Pilot Study Lake Plant: Capacity Upgrade 50,000 Lake Water Plant Upgrades 130,000 Berry Creek Supply: System Upgrade 350,000 4th Pump - Sun City 161,000 The third wastewater plant, the Pecan Branch Plant, will be pushed into 1997/98 if possible. This too is important to maintaining current sewer rates. Stormwater Drainage improvements to the 22nd and Leander area, Quail Valley, 18th and Pine, Dunman Drive, Country Club and Highview will be completed in 1995/96. Curb and gutter work will also be continued. 1995196 Operating Plan Element - Transmittal Letter Page xii of xiii A summary of all 1995/96 CIP by funding source is as follows: FUND OPERATING DEBT FUNDING SOURCES 95/96 BALANCE REVENUE ISSUANCE TOTAL Electric Capital Improvements 1.816.670 763,5W 936,000 3.516.250 Gas Capital Improvements 0 0 1.500,000 1,500,000 General Capital Improvements 1.047.671 93,700 0 1,141,371 Stormwater Drainage Capital Improvements 589,700 218,000 0 807,700 Street Capital Improvements 66,000 784,000 1,370.000 2,220.000 Wastewater Capital Improvements 1.070,469 350,500 422.031 1.843,000 Water Capital Improvements (26,694) 1.664.774 944,000 2.582,080 4,563,816 3,874 554 5,172,031 13,610,401 c.- It is important to note that except for possible debt financing of the CCLM system, only $500,000 in additional water, sewer and electric revenue will be required. CONCLUSION I appreciate very much the leadership and the direction you provided during the June retreat. That guidance has lead to what I believe is a truly outstanding budget proposal for meeting the needs of our community. - Respectfully submi ted, 06 Bob H City Manager 1995196 Operating Plan Element - Transmittal Letter Page xiii of xiii Council meeting date: 8-22-95 Item No. AGENDA ITEM COVER SHEET SUBJECT Meeting Minutes of Regular City Council Meeting on Tuesday, August 22, 1995. ATTACHMENTS 1. Minutes of Regular City Council Meeting of Tuesday, August 22, 1995 Sub nu ed By: 42. Sandra D. Lee, City Secretary MINUTES OF THE MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, August 8, 1995 Council Present: Council Absent: George Arroyos Winfred Bonner Susan Hoyt Dick Vincent Doris Curl Ferd Tonn Lee Bain Staff Present: Bob Hart, City Manager David Hall, Building Inspector Marianne Banks, City Attorney Shawn Enos, Building Inspector Sandra Lee, City Secretary Jay Carlson, City Mgr. Intern 4 Ed Barry, Dir. of Dev. Svcs. Bill Shanklin, Fire Chief Randy Morrow. Dir. of Parks & Rec. Susan Morgan, Dir. of Finance & Admin. Workshop --Called to order at 6:10 p.m. A Discussion on the adoption of the updated revisions of the Southern Standard Building Codes, Fire Prevention Code, National Electrical Code, and an amended electrical ordinance. Building Official Dave Hall explained the need to adopt updated versions of the various building codes and Council discussed setting up the ordinances with "sunset review clauses" to ensure that the City stays current on the accepted standards. Barry also explained the Electrical Examiners Board's recommendation to eliminate the contractor's licensing for electricians, maintaining only the master electrician's license. Hall explained that there is a movement toward a National Building Code that would include all of the different aspects of construction. B Discussion of process for selection/appointment of an assistant municipal court judge Hart explained to Council that Judge Higgenbotham has a conflict of interest involving an upcoming case for Municipal Court. The previously assigned Assistant Municipal Judge was Councilmember Lee Bain. Bain resigned that position when he was elected in May. Banks noted that the Ethics Commission recently declared it unethical for a lawyer to serve as municipal judge if he shares an office with a councilmember, meaning any attorney in the same office building with Councilmember Bain would be disqualified. Hart and Banks will work on getting out a request for qualifications to advertise for someone who would be willing and would be qualified to serve, Minutes of City Council Meeting August 8, 1995 Page 1 of 6 Pages C Discussion of policy on lobbying at the federal level This item was tabled. Regular Session - Called to order at 6:35 p.m. Executive Session D Sec.551.071 consultation with attorney E Sec.551.072 deliberation on real property F Sec-.551.075 conference with employee Regular Session - Called to order at G Action on Executive Session items There was no action taken on Executive Session items. Consent Agenda H Consider approval of meeting minutes --Regular Meeting of July 25, 1995/Sandra Lee Consider approval of payment in the amount of $19,900.00 to G.K. Hall Construction for repair of the gazebo in San Gabriel Park/Randy Morrow and Terry Jones Consider approval of an additional plat note on the Final Plat of the Planned Unit Development of Sun City -Georgetown Subdivision, Phase 1, Neighborhood One/Ed Barry and Hildy Kingma K Consider a resolution to authorize a license to encroach into the public utility easement located along the secondary front property line of Lot 11, Block B of the Village of River Bend, locally known as 101 Village Drive/Ed Barry and Hildy Kingma L Consider allocation of $3,000 from Council Contingency to cover expenses for a part-time Main Street Coordinator (Southwestern University intern)/Hart M Consider a resolution to accept the 1995 Tax Appraisal Roll for the City of Georgetown as presented by Paula J. Cockrum, Tax Assessor-Collector/Susan Morgan N Consider authorizing the staff to re -negotiate the lease agreement with Sierra Microwave Technology into two separate leases: a land lease and a building lease; and further, require that the lease be submitted to the City Council for approval prior to execution/Bob Hart Motion by Tonn, second by Hoyt to approve the Consent Agenda in its entirety. Approved 6-0. (Bonner absent) Minutes of City Council Meeting August 8, 1995 Page 2 of 6 Pages Regular Agenda O Citizens wishing to address the Council There were no citizens who wished to address the Council. P Mayor, Council, City Manager, and staff comments and reports • GFOA Award - 5th year Hart, Mayor, and Council commended Director of Finance Susan Morgan and her staff for receiving the Government Finance Officers Association Award for the fifth straight year. Notification of Budget Workshops (Monday, August 21; Wednesday, August 23; and Thursday, August 24 (if necessary) Hart announced that these workshops would be held at 5:30 p.m. in the Council Chambers. • Notification of Public Hearing on Budget (Tuesday, August 22 in conjunction with Council Meeting) Hart announced that this Public Hearing would be held in conjunction with the next Council Meeting. Arroyos asked for 30 minutes of time at the next Council Workshop to discuss information obtained at the recent Association of Mayors, Councilmembers, and Commissioners Conference in Austin. Mayor Wood announced that he had received a letter from Pete Weyrauch, current Chairman of the Planning and Zoning Commission, advising of a possible need to be replaced on the board. Hart also announced that another member of that Commission, John Harrison, informed him that he is moving to Colorado Springs. Wood suggested to J. B. Smith, reporter with the Williamson County Sun, (in the audience), to advertise that there would be positions open on the Planning and Zoning Commission. Wood reviewed a letter from the Environmental Protection Agency congratulating City Conservation and Load Manager Leon Henderson on participation in the Green Lights Program. Hart explained that the City has met all criteria for the program, including energy audits. Q Second reading of an ordinance providing for the annexation into the City of approximately 135.61 acres in the William Addison Survey (reduced from 168.54 acres) adjacent to the Stonehedge (also known as Churchill Farms) tract/Ed Barry and Clyde von Rosenberg Barry explained that this second reading is revised to remove from the proposed annexation a portion of the property owned by Ronald T. Mahan that is not being developed at this time. Barry Minutes of City Council Meeting August 8, 1995 Page 3 of 6 Pages read the caption of the ordinance. Motion by Tonn, second by Curl to approve Ordinance 95-34 on second reading. Approved 6-0. R Second reading of an ordinance amending Exhibit 1 of the Century Plan - Development Plan for a 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, to be known as Sierra Vista, Section Four, from Intensity Level Four to Intensity Level Six/Ed Barry and Clyde von Rosenberg Barry read the caption on second reading. Bain asked what effect the change in the intensity level would have on any other property in the area. Barry explained that this intensity change would not affect the other properties in the area. Bain also asked if the developer would pay for the road and water improvements. Barry answered that the developer either has to make the improvements or provide financial surety for those improvements before the plat will be recorded. This is a consistent procedure. Bain asked that "by the owner" be inserted in Section 2 of the ordinance for the second reading. Motion by Bain to pass Ordinance 95-35 as proposed with the addition of the words, "by the owner" inserted. Second by Curl. Approved 6-0. a S Consider waiving the detailed development plan requirement for Annie Purl Elementary School/Ed Barry and Hildy Kingma Barry explained that the play area is being added and that the estimated amount of the proposed area has changed a couple of times. The maximum square foot figure mentioned was 8,000 square feet out of a total of 14 acres. He explained that staff feels that the DDP requirement is not necessary. Tonn asked if the City were jeopardizing itself with the Texas Natural Resource Conservation Commission (TNRCC) by waiving the DDP requirement. Barry explained that the City will make the school district aware that they need to notify TNRCC themselves, and that it is not the responsibility of the City. Motion by Tonn, second by Hoyt to approve waiving the DDP requirement. Approved 6-0. T Consider approval of the Detailed Development Plan of a 16.8018 acre tract in the Nicholas Porter Survey, including Lots 1, 2, 5, and 6, Block 1 of the Gabriel Heights Subdivision, known as McCoy Elementary School; and requested variances to the Subdivisions Regulations/Ed Barry and Charles Simon Barry explained that the school district is expanding McCoy Elementary by 2,000 square feet which requires a full DDP. The submittal met the spirit and intent of the ordinance with modifications to reduce the buffer yard requirements in order to ensure clear visibility. Tonn asked if the two trees shown on the plat had been requested by the City. Barry said the two trees were on the original submittal, but had been removed from this revision. Barry added that the school district also requested a waiver of the application fee of $1,035. Minutes of City Council Meeting August 8, 1995 Page 4 of 6 Pages Hoyt said she would like to see the trees remain, since that was the way the DDP had originally been submitted. Bain asked about the standard procedure for waiving fees. Wood replied that waiving the fee for the school district was standard procedure. Barry added that each request is brought to the Council on a case -by -case basis. Tonn asked about the traffic -flow problem that had been discussed at the Planning and Zoning Commission Meeting. Barry said he and staff had not been aware of that issue before the Planning and Zoning Meeting. Motion by Hoyt, second by Tonn that Council approve the recommendation by the Planning and Zoning Commission, provided the school district put in the trees as originally submitted, and the fees would be waived. Approved 4-2. (Vincent and Arroyos opposed) U First reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Utility System Revenue Bonds, Series 1995A, in an amount not to exceed $6,825,000Bob Hart and Susan Morgan Morgan read the caption only on first reading as provided by the Charter Amendment. Motion by Bain, second by Vincent to approve this ordinance on first reading. Approved 6-0. V First reading of an ordinance authorizing the issuance of the City of Georgetown, Texas General Obligation Refunding Bonds, Series 1995/Bob Hart and Susan Morgan Morgan explained that recently there have been fairly low interest rates. This, in combination with the bonds in the next item, will make it worthwhile to do the refunding bonds, saving the City about $10,000 per year in debt service. Bain asked if the City were extending the length of time. Morgan said the City is not extending the length of time. Morgan estimated that the City could save about $80,000 over the next eight years. The amount of the bonds is not specified because it will depend on the interest rate at the time of the sale. Morgan read the caption only on first reading as provided by the Charter Amendment. Motion by Tonn, second by Curl to approve this ordinance on first reading. Approved 6-0. W First reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1995, in an amount not to exceed $725,000 to be used for stormwater drainage improvements/Bob Hart and Susan Morgan Morgan read the caption only on first reading as provided by the Charter Amendment. Motion by Vincent, second by Bain to approve this ordinance on first reading. Approved 6-0. Arroyos commended Morgan and her staff for obtaining the GFOA Award. X Consider appointment of one construction trade member, one HVAC member, two alternate trade members, and two alternate at -large members to the Building Standards Commission/Leo Wood Minutes of City Council Meeting August 8, 1995 Page 5 of 6 Pages Hart explained that the recommendation was to move John Burris to the HVAC position, add John Gavurnik as the construction trade member, and appoint four alternates. Curl suggested filling the two permanent positions and gathering more applications to fill the four alternate positions. Motion by Tonn to move Burris and add Gavurnik. Seconded by Curl. Approved 6-0. Applications will be accepted to fill the four alternate positions. Y Final comments and evaluation of meeting process Approved: Leo Wood, Mayor Minutes of City Council Meeting August 8, 1995 Page 6 of 6 Pages The meeting was adjourned at 8:09 p.m. Attest: Sandra D. Lee, City Secretary Council Meeting Date: August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Council approval of a contract for the Annual Electrical Distribution Transformers. ITEM SUMMARY: The City of Georgetown received and opened bids for the Annual Electrical Distribution Transformer bid, on Wednesday, August 9, 1995. - A portion of these transformers will be used on the electrical portion of the Sun City Project. Due to timing constraints of the Sun City project, it is necessary that some of these transformers be ordered immediately upon approval of the contract. Because this annual bid is very detailed, the evaluation process will require more time to fully review than most other bids. Because of the strict time schedules,related to the Sun City project, it is imperative that we proceed with the award of the contract during the August 22nd Council meeting in order to keep the project on schedule. A copy of the bid tabulation will be completed and available on the Council dais at the August 22nd Council meeting. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: COMMENTS: NONE ATTACHMENTS: NONE S Jim Briggs, Director Community Owned Utilities a�. z = — Honorable Mayor & City Council City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 McCORD ENGINEERING, INC. 6C7 Eastmark D've. Suite 102. P.O. Box 10041' ^o!leoe St -)ticn. Texas 77642 (4.091 7644E 56 i (,1�)9) ; 9�4,-9644 August 21, 1995 RE: Electric System Materials Bid No. 95031 Annual Electrical Distribution Transformer Bid Ladies & Gentlemen: On August 9, 1995, sealed bids for an annual bid for Electrical Distribution Transform- ers were opened and publicly read under Bid No. 95031 (Specifications for Electric System Materials for City of Georgetown, Texas for Annual Electrical Distribution Transformer Bid). Included in this bid solicitation were annual bid price quotations for electrical distribution transformer purchases for your City for the next twelve (12) month period. The majority of these transformer purchases will be required to serve development in the Sun City Georgetown Project over approximately the next six (6) months. Attached hereto as Exhibit "A" for your review and consideration are tabulations of the five j5) bids submitted for this project. We have reviewed and evaluated each of the bids received, and checked all unit extensions and totals for each of the bid submittals. Because there is a potential for substantial savings when purchasing low loss units, we asked each Bidder to provide bids on both standard loss transformers and low loss transformers, and we have provided an analysis of the initial cost savings for standard loss units versus the owning cost savings for low loss units. While the purchase price per unit for the standard loss unit is less, the owning cost savings, which incorporates the wholesale power savings in terms of losses over the life of the transformers, are substantially greater than the initial cost savings for standard loss units. Since considerable savings can be realized in the owning cost of transformers, most electric utilities purchase transformers based on a Transformer Loss Evaluation. Therefore, we have provided a transformer loss evaluation for the purchase of standard loss transformers versus low loss transformers in graph form for your review and consideration. On the enclosed Exhibit "B," the initial purchase price for the initial order of 388 transformers is shown. The purchase cost savings for the standard loss transformers is $73,399.00 versus the owning cost savings of $280, 843.00 over the life of the transformers with low loss units, as shown on Exhibit C. City of Georgetown Page 2 August 21, 1995 Furthermore, as shown on Exhibit "D," the estimated initial purchase cost for 2,225 underground transformers to fully develop the Sun City Georgetown Project with standard loss units is $2,315,588.00 and $2,849,038.00 for low loss units. When compared to the owning cost of these same units on Exhibit "E," the standard loss units cost of $8,127,657.00 and the . low loss units cost of $6,003,639.00, or a difference of $2,124,018.00 in owning cost, the owning cost savings is substantially greater. Therefore, we recommend the purchase of low loss units for your City. On the basis of review and evaluation of each of the bid proposals received, we recommend the City of Georgetown award the Annual Electrical Distribution Transformer Bid utilizing low loss transformers to the low Bidders who submitted satisfactory and conforming group bids, as shown on the enclosed Exhibit "F. " Also included in this bid solicitation is an initial order of pad -mounted electrical distribution transformers that will serve Phase I, Neighborhoods 1, 2, and 3 of the Sun City Development. The above mentioned transformers will serve approximately the first 450 homes of the anticipated 5,000 homes to be constructed within the Sun City Development in your service area. Also included in the initial order is the pole -mounted electrical distribution transformers that will be utilized in the conversion project to convert the overhead portion of Feeder GB-70 to an operating voltage of 24,900 volts. Feeder GB-70 will serve the Sun City Development after the conversion is completed. We recommend the City of Georgetown award the Initial Order of Electrical Distribution Transformers utilizing low loss transformers to the low Bidders who submitted satisfactory and conforming bids as shown on the enclosed Exhibit . NG " Please do not hesitate to let us know if any questions arise in reference to this bid solicitation and our recommendations made herein. We sincerely appreciate the opportunity to assist your City on this project, and are most thankful for the good assistance and cooperation extended us by your fine City Administration and Staff. Yours very truly, Mc D ENGINEERING, INC. • "_�* 54 6-�Q J y D. cCord, P.E. PEresident Enclosures cc: Mr. Jim Briggs (w/encl.) Mr. John Thomas (w/encl. ) McCord Engineering, P. O. Box 10047 College Station, Texas Inc. 77842 ERHBIT w f CITY OF GEORGETO ANNUAL ELECTRIC DISTRIBUTION I BID EVALUATION SUM Group Standard Loss Unit ($) Low Annual Unit Bid Price Evaluated Annual Unit Bid Price Evaluated Total Owning Unit Cost Annual Unit Bid Price Evalua Unit. A 19,676.00 19,676.00 70,778.40 23,416.00 B 91,033.00 91,033.00 321,647.55 122,447.00 C 22,991.00 22,991.00 103,901.70 29,098.00 D 7,349.00 7,585.00 25,895.50 7,659.00 Total 1419049.00 1411,285.00 522,223.15 1829620.00 Note: Any difference between the Annual Unit Bid Price ($) and the Evaluated Annual Unit Bid Price ($) represen LOW CONFORMING BID AWARD REC( Standard Loss Units Group/Item Recommended Bidder A Techline, Inc. B Techline, Inc. C Techline, Inc. D-1 Techline, Inc. D-2 Westinghouse Electric Supply Company C-1 C-13 thru ( C-9, McCord Engineering, Inc. P. O. Box 10047 College Station, Texas 77842 EXHIBIT W r CITY OF GEORGETOWN ANNUAL ELECTRIC DISTRIBUTION TRANSFORMER BID BID EVALUATIONS Y Group Standard Loss Unit ($) Low Loss Unit Annual Unit Bid Price Evaluated Annual Unit Bid Price Evaluated Total Owning Unit Cost Annual Unit Bid Price Evaluated Annual Unit Bid Price A 19,676.00 19,676.00 70,778.40 23,416.00 23,416.00 B 91,033.00 91,033.00 321,647.55 122,447.00 122,447.00 C 22,991.00 22,991.00 103,901.70 29,098.00 29,215.20 D 7,349.00 7,585.00 25, 895.50 7,659.00 8,041.95 Total 1419049.00 1419,285.00 522,223.15 f 1829620.00 183,120.15 Evaluated Total Owning Unit Cost 54,745.75 236,943.75 75,948.25 23,453.05 3919090.80 August 18, 1995 Differences in Bids Added Initial Cost for Low Loss Units ($) Added Owning Costs for Standard Units ($) 3,740.00 169032.65 319414.00 849703.80 69224.20 456.95 279953.45 2,442.45 419835.15 1319132.35 Note: Any difference between the Annual Unit Bid Price ($) and the Evaluated Annual Unit Bid Price ($) represents 5% being added to the bid price for exception taken to the liquidated damages clause. LOW CONFORMING BID AWARD RECOMMENDATIONS Standard Loss Units Group/Item Recommended Bidder A Techline, Inc. B Techline, Inc. C Techline, Inc. D-1 Techline, Inc. D-2 Westinghouse Electric Supply Company Low Loss Units Group/Item Recommended Bidder A Techline, Inc. B Techline, Inc. C-1 thru C-8, C-10, C-13 thru C-23, and C-25 thru C-28 Techline, Inc. C-9, C-11, C-12, C-24 KBS Electrical Distribution, Inc. D Westinghouse Electric Supply Company 10 8 K 0 City of Georgetown SUN CITY DEVELOPMENT FULLY DEVELOPED - TRANSFORMER OWNING COST M Owning Cost - Standard Units M Owning Cost - Low Loss Units 1. The owning cost savings with low loss transformers is $2,124,018.00. 1400 1200 1000 rn c ro 800 C cn � o �. 0 t6 � MIIIIIIIIII11- 11W 400 200 L City of Georgetown SUN CITY DEVELOPMENT INITIAL TRANSFORMER ORDER - OWNING COST M Owning Cost - Standard Units M Owning Cost - Low Loss Units 1. The owning cost savings with low loss transformers. is $280,843.00. McCord Engineering, Inc. P. O. Box 10047 College Station, Texas 77842 EXIHBIT "G" CITY OF GEORGETOWN ANNUAL ELECTRIC DISTRIBUTION TRANSFORMER BID August 21, 1995 Page 1 of 1 RECOMNENDED LOW LOSS TRANSFORMER INITIAL ORDER BID AWARD Item tatty. Description Bidder Annual Delivery Annual Unit Bid Price ($) Extended Annual Unit Bid Price ($) A-8 18 25 kVA pad, 24.9 GRDY/14.4 kV to 240/120 V. Techline, Inc 12/01/95 876.00 15,768.00 A-9 58 37.5 kVA pad, 24.9 GRDY/14.4 kV to 240/120 V. Techline, Inc 12/01/95 1,036.00 60,088.00 A-10 68 50 kVA pad, 24.9 GRDY/14.4 kV to 240/120 V. Techline, Inc 12/01/95 1,102.00 74,936.00 A-11 18 75 kVA pad, 24.9 GRDY/14.4 kV to 240/120 V. Techline, Inc 12/01/95 1,332.00 23,976.00 B-14 2 112.5 kVA pad, 24.9 GRDY/14.4 kV to 208Y/120 V. Techline, Inc 12/01/95 3,936.00 7,872.00 B-16 2 225 kVA pad, 24.9 GRDY/14.4 kV to 208Y/120 V. Techline, Inc. 12/01/95 5,075.00 10,150.00 B-20 2 112.5 kVA pad, 24.9 GRDY/14.4 kV to 480Y/277 V. Techline, Inc 12/01/95 3,976.00 7,952.00 B-22 2 225 kVA pad, 24.9 GRDY/14.4 kV to 480Y/277 V. Techline, Inc 12/01/95 5,066.00 10,132.00 B-23 3 300 kVA pad, 24.9 GRDY/14.4 kV to 480Y/277 V. Techline, Inc 22/01/95 5,683.00 17,049.00 C-9 8 10 kVA pole, 12.47 GRDY/7.2 x 24.94 GRDY/14.4 kV to 120/240 V. Techline, Inc 11/01/95 426.00 3,408.00 C-10 8 15 kVA pole, 12.47 GRDY/7.2 x 24.94 GRDY/14.4 kV to 120/240 V. Techline, Inc 11/01/95 485.00 3,880.00 C-11 155 25 kVA pole, 12.47 GRDY/7.2 x 24.94 GRDY/14.4 kV to 120/240 V. Techline, Inc 11/01/95 602.00 93,310.00 C-12 15 37.5 kVA pole, 12.47 GRDY/7.2 x 24.94 GRDY/14.4 kV to 120/240 V. Techline, Inc 11/01/95 796.00 11,940.00 C-13 13 50 kVA pole, 12.47 GRDY/7.2 x 24.94 GRDY/14.4 kV to 120/240 V. Techline, Inc 11/01/95 925.00 12,025.00 C-15 8 100 kVA pole, 12.47 GRDY/7.2 x 24.94 GRDY/14.4 kV to 120/240 V. Techline, Inc. 11/01/95 1,496.00 11,968.00 Council Meeting Date: August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider award of bid for aviation gasoline in the estimated annual amount of $88,360.00 and jet fuel in the estimated annual amount of $55,040.00 to AvFuel Corporation. ITEM SUMMARY Bids were received for the purchase of aviation gasoline and jet fuel for resale at the Georgetown Municipal Airport. The contract period is for one year, with an option to renew at the end of the term for an additional one year period. The staff recommendation is to award this bid to the overall low bidder, AvFuel Corporation of Abilene. SPECIAL CONSIDERATIONS Arrow Fuel submitted a terminal price sheet that had been retyped to show lower pricing. Since the terminal price sheet is the only benchmark we have in the comparison of pricing among bidders, falsification of this price automatically results in disqualification of the bid. Staff verified with the appropriate terminals the pricing in affect on the date of our bid in an effort to guard against this type of price sheet tampering. FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid for the first year is $143,400.00. $200,000.00 was budgeted in account 600-203-5203-00 Airport Operations Oil & Gas for this expenditure. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation Submitted By: Jones, Purchasing Director Sappington, Director of Community Services AVIATION GASOLINE AND JET FUEL BID TABULATION AvFuel U.S. Petro. Arrow Fuel Av gas cost gallon .89 1.0282 .8890 sub -total $89,000. $102,820. $88,900. discount $640. N/A N/A total $88,360. $102,820. $88,900. Jet Fuel cost gallon .58 .6815 .5125 sub -total $55,680. $65,424. $49,200. discount $640. N/A N/A total $55,040. $65,424. $49,200. Grand Total $143,400.* $168,244. $138,100.** Low Bidder ** Bidder Disqualified k Council Meeting Date: August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider approval of annual bid for tires and tubes to various bidders in the estimated amount of $13, 380.00. ITEM SUMMARY Bids were received for the purchase of tires and tubes for a one year period beginning September 1, -1995. The staff recommendation is to award this bid to the low bidder for each line item, as designated by the star on the attached bid tabulation. On items where Georgetown Tire Center is within five percent of the state contract price, staff has recommended that they be awarded that line item. For the line items where no bids were received, staff will purchase from sources where the items have been available in the past. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid is $13,380.00. $15,000.00 is budgeted for this expenditure in account 520-439-5209-00 Maintenance of Motor Vehicles. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation Submitted By: Terry Jones, Purchasing Director Susan Morgan, Director of Finance & Administration TIRES AND TUBES BID NO. 95028 EST GTWN.. =M # STOCK # QTY DESCRIPTION TIRE CTR. STATE TIRES 1 43-2017 8 P195/75R15, ALL SEASON GOOD YEAR WRANGLER, #795667910 37.84 34.86 2 43-2016 12 P195/75R14, REGATTA NW 32.90 * NB 3 43-2014 4 P215/75R15 TIRES, WIDE WHITE WIDTH, TUBELESS, RADIAL PLY, 36.34 * 35.73 4 43-2019 12 P215170HR14, EAGLE GT, #104-822-486 44.70 40.00 " 6 _ 43-2055 16 P235/75R15, LT GOOD YEAR 4 WRANGLER 56.66 * NB 7 43-2056 8 P235/75R15, GRIP AT 57.17 * 57.79 8 43-2054 8 LT215/85R16 TUBELESS GOOD YEAR WRANGLER HT, #744820802 63.90 56.84 * 9 43-2057 12 215/85R16 AT, GOOD YEAR WRANGLER, #740820399 64.94 56.84 * 10 43-2027 8 11 R/22.5, STRAIGHT TREAD, RADIAL 209.64 166.00 * 11 43-2033 4 8.25-20 TG SUPER GRADER TIRE, 6 PLY GOODYEAR #122162620 125.25 * NB 12 43-2034 2 8.25-20 "E" SUPER HI -MILER, TUBE TYPE, GOODYEAR #143161505 107.77 90.36 PAGE 2 - TIRES AND TUBES EST. GTWN. _M NO. STOCK NO.QTY. DESCRIPTION TIRE CTR. STATE 13 43-2035 2 9.00 -20 "E" SUPER HI -MILER, GOOD YEAR, #143208505 138.38 104.00 * 14 43-2018 8 10.00-20 RADIAL ALL TERRAIN 217.23 * NB 15 43-2036 8 10.00-20 "F" SUPER HI -MILER, GOOD YEAR, #143252505 167.69 120.51 * 16 43-2037 12 10.00-20 "F" CUSTOM CROSS RIB HI - _ MILER, GOOD YEAR #122252620 183.78 L 148.97 * 17 43-2029 6 11 L-16, 10 PLY, GOOD YEAR TIRE #160542116 (INDUSTRIAL) 80.06 69.43 * 18 43-2030 4 13.00-24 GRADER SURE GRIP 12 PLY TUBELESS, GOOD YEAR TIRE NB NB 19 43-2028 2 14.9-24 6 PLY, DYNA TORQUE II GOOD YEAR TIRE, TT NB 208.15 * 20 43-2025 2 15.5-25 HARD ROCK LUG, TL NB 321.52 * 21 43-2032 2 16-6.50 - 8 STR 4 PLY, GOOD YEAR TIRES, #303404579 NB 12.39 * 22 43-2049 2 16.9-28 INDUSTRIAL SURE GRIP, 8 PLY TIRE, TT NB 231.10 * 23 43-2024 2 17.5L-24, 10 PLY INDUSTRIAL TORQUE, GOOD YEAR, #165758037 NB NB 24 43-2023 8 7.50X16LT "D", GOOD YEAR TIRE 54.86 * 53.26 25 43-2039 4 TURF 23X10.50, 8 PLY 58.79 * NB 26 43-2040 4 4.10/3.50-4 LUG TYPE 8.99 * NB PAGE 3 - TIRES AND TUBES EST. GTWN. =M NO. STOCK NO.QTY. DESCRIPTION TIRE CTR. STATE TUBES 27 43-2052 2 4.10/3.50-4 TUBE NB NB 28 43-2041 1 9.00-20 GOOD YEAR TRUCK TUBE # 193354200 NB NB 29 43-2042 4 10.00-20 GOOD YEAR TRUCK TUBE #193964300 NB NB 30 43-2058 8 10.00-R20 TRUCK TUBE NB ro- NB 31 43-2043 4 6.70-7.00/7.10/G78/H78-15LT GOOD YEAR TRUCK TUBE, #192212200 NB NB 32 43-2044 2 11.2/12.4-28 GOOD YEAR TUBE FARM TUBE NB NB 33 43-2045 2 13.6/14.9/17.5 L-24 GOOD YEAR FARM TUBE, #196757400 NB NB 34 43-2046 2 1300/1400-24 GOOD YEAR GRADER TUBE NB NB 35 43-2047 2 15.5-25 GOOD YEAR TRUCK TUBE NB NB 36 43-2048 4 FW-16 (1100-16/11 L-16) GOOD YEAR FARM TUBE NB NB 37 43-2050 2 16.9/18.4 R18/30 TUBE NB NB * Low Bid No Response: Western Auto Store Mickan Motors General Auto Care Purcell Truck Tire Center Skoogie Tire Repair NTW L, Council Meeting Date: August 22 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Council approval of Agreement No. 95-11 between the City, of Georgetown and McCord Engineering, to provide engineering services related to the electric service and street light design of the Sun City Project, in the amount of $150,000.00. ITEM SLT1,24ARY The City of Georgetown currently has a standing contract with McCord Engineering to provide engineering services related to electric designs, layouts, etc. for electric service improvements and expansions. The City has requested that McCord Engineering develop a proposal to provide engineering services related to the preparation of electric distribution service, and street lighting layouts for the Sun City, Georgetown project. This project will span several years, beginning in the 1994-1995 fiscal year. Engineering costs associated with the development of Phase 1 of the project are expected to total approximately $400,000.00, with $150,000.00 being billed in the 1994- 1995 fiscal year and $250,000.00 being billed in the 1995-1996 fiscal year. Staff requests approval of the agreement, in the amount of $150,000.00, between the City of Georgetown and McCord Engineering for electric system design for Sun City Georgetown's underground distribution. SPECIAL CONSIDERATIONS• NONE FINANCIAL IMPACT• Funds in the amount of $60,000.00 for this fiscal year are to be paid from Account: Account Number 101-6801-00 $60,000.00 The balance will be incumbered out of each subsequent associated budget. COMMENTS NONE ATTACHMENTS: 1. Letter of Agreement from McCord Engineering S by: Jim Briggs, Director Community Owned Utilities McCORD ENGINEERING, INC. August 11, 1995 Mr. Jim Briggs Public Utilities Director City of Georgetown P.O. Box 409 Georgetown, Texas 78628 RE: Specific Project Engineering Services Agreement No. 95-1 Electric System Capital Improvement Projects - Sun City Georgetown Electric System Additions Dear Jim: Pursuant to your recent request, I am sending to you herewith three (3) copies of proposed "Specific Project Engineering Services Agreement No. 95-1 " for work to be per- formed by our firm for the preparation of electric distribution, service, and street lighting layouts for Phase I of the Sun City Georgetown Development and for the conduction of field inventory and construction staking, engineering design, and plans and specifications preparation for the initial overhead feeder circuit voltage conversion, improvements, and additions necessary to extend electric service to said new residential retirement development. The proposed Agreement No. 95-1 enumerates a description of the project description, scope of services to be provided by our firm, compensation basis and cost estimates for the furnishing of our services, and time for submittal of final Electric Layouts or Construction Documents for each project. In accordance with our earlier discussion, the enclosed engineering services agreement is prepared to include engineering services for electric system design and construction for the entire Phase I Development of the Sun City Georgetown project. I note that the Phase I Development of said residential subdivision encompasses a total of approximately 1,200 lots, and electric system engineering design and construction on Phase I Development is expected to continue from the present through your City's 1995-1996 Fiscal Year Budget period. For your review and approval, I submit the following estimates of the anticipated cost of engineer- ing services for Phase I of the Sun City Georgetown Development: 1. Total Estimated Cost of Electric System Additions for Phase I Development (Includes Both Developer and City Installed Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,000,000.00 2. Total Estimated Engineering Services Cost for Phase I Development (5 % of Estimated Total Electric System Construction Cost) . . . . . . . . . . . . . . . . . . . . . . . . . . $400,000.00 City of Georgetown Page Two August 11, 1995 3. Estimated Division of Engineering Services Cost by City's Fiscal Year Periods for Phase I Engineering Design: a. Fiscal Year 1994-1995 . . . . . . . . . . . . . .. . . . . . $150,000.00 b. Fiscal Year 1995-1996 . . . . . . . . . . . . . . . . . . . . $250,000.00 I trust these cost estimates will aid you in setting up the purchase orders that you indicated needed to be established to cover our engineering design and construction inspection work on this project. I trust you will find herewith all the information requested on this matter, and that same will be found to be fully satisfactory. If not, or if questions arise, please do not hesitate to let me know. We are most thankful for the opportunity to provide consulting engineering assistance on behalf of your City, and the good assistance and cooperation extended to us by the City Council, City Administration, and City Staff is sincerely appreciated. Yours very truly, McCORD ENGINEERING, INC. I f "7 fW mmy D. McCord, P.E. President JDM/mw cc: Mr. John Thomas Council Meeting Date: 8/22/95 �7 Item No. SUBJECT AGENDA ITEM COVER SHEET Agreement with Georgetown Independent School District providing for the assessment and collection of property taxes for 1995-1996. ITEM SUMMARY We are completing the sixth year of the GISD contract for collection of City property tax. The present contract expires August 31, 1995. The current contract provides for payment to GISD at the rate of $2.00 per parcel. The contract renewal provides a rate of $2.00 a parcel. There are roughly 7,932 parcels. The City Charter provides that the City Manager shall appoint the City's Tax Assessor -Collector. It is anticipated that, should this contract be renewed, the GISD Tax Assessor -Collector shall be named to that position. No additional payment will be made to the appointee. SPECIAL CONSIDERATIONS N/A FINANCIAL IMPACT Cost to the City for property tax collection will be approximately $15,864 and is included in the proposed 1995/96 Annual Operating Plan. COMMENTS We have received no complaints from our citizens about GISD assessment, collection process or procedures. Name, address and valuation changes from the Appraisal District have been efficiently processed as received. Tax office staff have provided all reports and information to the City in an accurate and timely manner. ATTACHMENTS Agreement between COG and GISD for assessment and collection of property taxes. Submitted By: C-S Susan L. Morgan, Director of Finance and Administration AGREEMENT BETWEEN CITY OF GEORGETOWN AND GEORGETOWN INDEPENDENT SCHOOL DISTRICT FOR ASSESSMENT AND COLLECTION OF TAXES STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, the assessment and collection of taxes is a governmental service that is performed by both the City of Georgetown and Georgetown Independent School District; and WHEREAS, the City of Georgetown desires to enter into an agreement with Georgetown Independent School District for duties relating to the assessment and collection of its taxes; and - WHEREAS, the Georgetown Independent School District agrees to perform fVanctions related to the efficient and accurate assessment and collection of taxes for the City of Georgetown; and WHEREAS, the City of Georgetown agrees to enter into an agreement, pursuant to the Interlocal Cooperation Act, Article 4413(32c) of the Texas Revised Civil Statutes, with Georgetown Independent School District, to perform duties related to the assessment and collection of taxes for the City of Georgetown; NOW, THEREFORE, PREMISES CONSIDERED, for and in consideration of the mutual promises contained herein, the following agreement is entered into by and between the City of Georgetown, Texas, a Texas municipal corporation, (hereinafter "CITY"), and the Georgetown Independent School District, an independent school district duly organized and existing under the laws of the State of Texas, (hereinafter "SCHOOL DISTRICT") as follows: SECTION I. TERM OF CONTRACT This contract shall be effective from September 1, 1995, to August 31, 1996. SECTION II. CITY TAX ASSESSOR -COLLECTOR The City Manager shall appoint the CITY' S Tax Assessor -Collector in accordance with the City Charter. If the SCHOOL DISTRICT's Tax Assessor -Collector serves as the CITY' S Tax Assessor -Collector, her or she shall furnish an adequate and sufficient surety bond for the faithful performance of duties on behalf of the CITY. The CITY shall notify the SCHOOL DISTRICT in writing of any deficiencies in performance by the SCHOOL DISTRICT's Tax Assessor -Collector. If these deficiencies are not corrected, the CITY may terminate this agreement in accordance with Section IX. COG/GISD Agreement for Assessment & Collection of Taxes Pagel of 4 f.agenda\gisd.agr SECTION M. TAX RATE The CITY' S Tax Assessor -Collector shall calculate and publish the effective tax rate as required by Chapter 26 of the Texas Tax Code. The CITY shall determine and fix the tax rate to be applied to the property values for CITY taxes and shall notify the SCHOOL DISTRICT of the tax rate adopted by the CITY no later than September 15 of each year. SECTION IV. TAX COLLECTION The SCHOOL DISTRICT shall mail tax notices to property owners whose property has been assessed for taxes and shall thereafter collect such taxes as may be paid. The SCHOOL DISTRICT shall pay said taxes to the CITY within three (3) business days of collection, by cashier's check or pre -authorized bank draft. The SCHOOL DISTRICT shall perform such other duties as required by tie CITY for the effective performance of the tax collection and assessment contemplated by this agreement. The SCHOOL DISTRICT shall furnish such tax certificates as may be required by law covering taxes due to both the CITY and the SCHOOL DISTRICT as requested. The SCHOOL DISTRICT shall refund the CITY taxes for tax years 1988 and later as funds from current collections are available. In the event it becomes necessary for the CITY or the SCHOOL DISTRICT to file suits for the collection of delinquent taxes, each party shall be solely responsible for the collection of its own taxes through the judicial system. SECTION V. PAYMENTS The CITY shall pay the SCHOOL DISTRICT a fee of $2.00 per parcel for the services to be performed under this contract. One-half of this fee shall be due and payable on or before February 17 1996, and the remaining one-half of the fee shall be due and payable on or before April 1, 1996. The number of parcels shall be the number certified by the Williamson County Appraisal District o the original tax roll, plus any parcels added to, and minus any parcels deleted, on or before April 1, 1996. SECTION VI. TAX RECORDS Should the contract not be renewed or upon termination as provided herein, the CITY shall be entitled to all reproducible tax records of the SCHOOL DISTRICT's tax department as may be desired by the CITY. Such tax records or reproductions thereof shall be furnished by the SCHOOL DISTRICT to the CITY within thirty (30) days of the expiration or of notice of termination. The CITY shall pay the actual costs of such reproduction to the SCHOOL DISTRICT. COG/GISD Agreement for Assessment & Collection of Taxes Page 2 of 4 f:agenda\gisd.agr During the term of this contract, the City Manager, or his authorized representative, shall have access to the tax records of the SCHOOL DISTRICT for inspection and copying, at all reasonable times during normal office hours. SECTION VII. SUBCONTRACTING The SCHOOL DISTRICT may subcontract with any person or entity for any of the services to be provided by SCHOOL DISTRICT under this contract. However, the SCHOOL DISTRICT shall notify the CITY immediately of any subcontract. SECTION VHI. OTHER CONSIDERATIONS The parties agree to the following additional terms and conditions of this Agreement: a: A single tax statement for taxes of both entities shall be prepared by the SCHOOL DISTRICT that itemizes taxes owed to each entity, except when a taxpayer requests separate statements shown for each entity. b. The SCHOOL DISTRICT shall provide the CITY with a report listing month -end reconciliations of deposits for each month with payments shown by tax year. C. The SCHOOL DISTRICT agrees to fully and immediately indemnify, defend and hold harmless the CITY for all damages, such as any and all cash shortages, including loss of interest, and any damages resulting from taxes remitted to SCHOOL DISTRICT that were not deposited in the CITY account pursuant to the terms of this agreement or in accordance with the laws of the State of Texas. d. The SCHOOL DISTRICT, through its Tax Assessor -Collector, shall not allow partial payments of the CITY' S taxes or other partial payment or tax collection practice, except as allowed by law. SECTION IX. TERMINATION The parties agree and understand that the CITY has the sole option to terminate this agreement when the SCHOOL DISTRICT fails to perform any of the terms and conditions of this agreement to the satisfaction of the CITY. The CITY must give written notice of its intent to terminate this agreement, and the termination shall be effective within ten (10) days thereof. SECTION X. SEVERABILITY If any obligation or covenant of either party or term of this agreement hereto shall ever be held invalid or unenforceable by a final court of competent jurisdiction, the remaining provisions of this contract shall continue to be binding and enforceable to the extent that is reasonably allowable COG/GISD Agreement for Assessment & Collection of Taxes Page 3 of 4 f:agenda\gisd.agr to fulfill the purposes of this agreement. SECTION XI. NOTICE Notice, as required by this Agreement shall be in writing to the following: CITY OF GEORGETOWN: GEORGETOWN INDEPENDENT SCHOOL DISTRICT: Bob Hart Dr. Jim Gunn City Manager Superintendent P.O. Box 409 603 Lakeway Drive Georgetown, TX 78627 Georgetown, TX 78627 SIGNED this day of . 1995 CITY OF GEORGETOWN BY: Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON L GEORGETOWN INDEPENDENT SCHOOL DISTRICT By: Dr. Jim Gunn, Superintendent This instrument was acknowledged before me on this the day of 95 by Dr. Jim Gunn in his capacity as Superintendent of Georgetown Independent School District. Printed name: Notary Public, State of Texas Commission Expires: COG/GISD Agreement for Assessment & Collection of Taxes f agenda\gisd.agr Page 4 of 4 IU Council meeting date: 8-22-95 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider authorizing the City Manager to execute an agreement with Washington Scientific Instruments terminating an earlier agreement concerning utility capacity and line extensions. ITEM SUNEVLARY In 1990, when the City of Georgetown initially sought to extend utility lines to Advanced Custom Molders (ACM), the City permitted ACM to pay out their cost allocation and tap fees over an eight -year period through August, 1999. ACM was subsequently sold to Washington Scientific Instruments (WSI) who has now sold the business line. Following the sale, the facility was closed. WSI has continued to make the monthly payments per the contract. WSI is now divesting themselves of all of their southwest operations and has requested to terminate the existing contract with a lump sum settlement payment. The outstanding balance owed by WSI is $51,000. The proposed payout is $42,488.50, based upon a current value of 10%. Because the original agreement was based upon a 4% interest rate, this termination is financially beneficial to the City. FINANCIAL LVIPACT We have received a check from WSI for $42,488.50 in full payment. ATTACHMENTS None �Submi t Bob Hart, City Manager PUBLIC UTILITIES 'D30 3509 Council Meeting Date: August 22, 1995 Item No. AGENDA ITEM COVER SHEET P. 01 Council approval of a construction and maintenance agreement between the City of Georgetown and TxDOT for a Sidewalk to be constructed in the State right-of-way on F.M. 2243 in the vicinity of Norwood Drive. I IF-M As one of the requirements by TxDOT for the construction of a sidewalk within the State right-of-way, we must execute a construction and maintenance agreement. Currently, the City Attorney is reviewing said agreement as transmitted to the City Engineer on August 7, 1995. This agreement is required to complete all necessary steps in order to construct a sidewalk along F.M. 2243 from near Norwood West Drive to approximately 915 feet west. Staff requests approval of the agreement between the City of Georgetown and TxDOT for construction and maintenance of the sidewalk. SPEgIAL CONS DERATIONS L FINANCI IMP2aT :. None A portion of the sidewalk segment includes a segment in front of the Georgetown Jr. High School. ATTACHMENTS: Letter from T.xDOT and draft of construction and maintenance agreement. Submit Jim Briggs, Director Community Owned Utilities Ar Texas Department of Transportation P.O. DRAWER 15426 • AUSTIN, TEXAS 78761-5426 • (512) 832-7000 August 7, 1995 City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 Attention: Don Rundell, City Engineer Dear Mr. Rundell: Through discussions between the City of Georgetown and our offices, we are aware of the City's desire to construct a segment of sidewalk along F.M. 2243 in the vicinity of Norwood West Drive. For this to occur it will be necessary for the City of Georgetown to enter into a Construction and Maintenance Agreement with the Texas Department of Transportation. Attached are three originals of a Construction and Maintenance Agreement (CMA). It will be necessary for this agreement to be fully executed before construction can begin. To execute this agreement the following steps must occur: ❑ The City must sign all three originals of the CMA and return them to Mr. Bill Glenn at our Georgetown Area Office. Attached to the CMA's must be the exhibits as specified on page 4 of the document. For each exhibit only one original of the exhibit is needed; a copy of the exhibit may be attached to the other two CMA's. (The CMA with the original exhibits will eventually be retained in our files.) El Following review and approval of the exhibits by our office, the CMA's will be recommended for execution by the Austin District Engineer, Mr. Bill Garbade. ❑ We will then forward the three documents to the Texas Department of Transportation (TxDOT) Construction and Maintenance Division. Upon their review and approval the documents will be signed by the Director of the Construction and Maintenance Division and returned to our office. At this point the CMA is considered formally executed and the City may proceed with construction. One of the CMA's will be kept in files at the TxDOT Construction and Maintenance Division, one will be kept in our District files, and the third document will be returned to you for keeping in the City's files. An Equal Opportunity Employer City of Georgelown 8/7/95 Page 2. Also attached is a copy of the Certification of Insurance (TxDOT Form 1560) which is to be used for Exhibit D. This form does not have to be included initially with the CMA during the review and approval process. It does, however, have to be completed and submitted to our office to be made part of the document before construction begins. If you have any questions concerning the agreement or the review and approval process please feel free to call Wayne Rehnborg at 832-7019. Sincerely, l Thomas A. Ohlendorf, P.E. Director of Maintenance Attachments cc: Bill Glenn AUSTIN DISTRICT WILLIAMSON COUNTY SIDEWALK CONSTRUCTION CONSTRUCTION AND MAINTENANCE AGREEMENT SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF F.M. 2243 FROM NEAR NORWOOD WEST DRIVE TO APPROXIMATELY 915 FEET WEST STATE OF TEXAS CITY OF GEORGETOWN THIS AGREEMENT, made on the dates hereinafter shown, by and between the Texas Department of Transportation, hereinafter called the "State" and the City of Georgetown, Texas, hereinafter called the "City", acting by and through its duly authorized officers. WITNESSETH WHEREAS, the State owns, operates and maintains the system of highways for public use and benefit, including the F.M. 2243 right-of-way in Williamson County, within the City Limits of the City of Georgetown, Texas; WHEREAS, the maintenance responsibilities of State owned highways within the City Limits of the City of Georgetown, including the F.M. 2243 right-of-way, are governed by the terms and conditions of a fully executed Municipal Maintenance Agreement between the State and the City; WHEREAS, the City desires and has requested authority to construct and maintain a sidewalk within the F.M. 2243 right-of-way located as shown in Exhibit "A" attached hereto and made a part of this agreement: Page 1 of 5 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is hereby agreed as follows: The State hereby authorizes the City to use a portion of the F.M. 2243 right-of-way to construct, or have constructed, the sidewalk in accordance with the drawings shown on Exhibit "A". It is understood and agreed that the State does not purport, hereby to grant any right, claim, title, or easement in, across, or upon said properties other than described above. 2. The City, its contractors, or agents, shall provide for necessary barricades, warning signs, flashing lights, and flagmen as shown in the Texas Manual on Uniform Traffic Control Devices, to direct and protect vehicular and pedestrian traffic while construction work, including related activities, is in progress. 3. The City shall construct or have constructed, at its entire expense, the sidewalk and incidental items shown in Exhibit "A". The State shall have the right to inspect the work on the F.M. 2243 right-of-way at any time during the progress of the work, and to make a final inspection upon completion. Construction operations within the F.M. 2243 right-of- way shall be conducted in a manner acceptable to the District Engineer or his authorized representative. The City shall correct, or have corrected, all deficiencies revealed by the State's inspection of said work within the F.M. 2243 right-of-way or the traffic control and protection measures, when such deficiencies are communicated to the City and could have an adverse effect on public use of the F.M. 2243 right-of-way or the safety of the traveling public within the F.M. 2243 right-of-way. 4. The City shall construct, or have constructed, the sidewalk to be in compliance with the requirements of the Americans with Disabilities Act (ADA). The City shall also construct, or have constructed, ADA compliant connections between the sidewalk and all existing intersecting roadways and other sidewalks. 5. The City, agrees to repair, or have repaired, any damages to the existing F.M. 2243 right- of-way. To the extent allowed by law, the City also agrees to indemnify and save harmless the State from any and all claims, demands, actions, or causes arising from or growing out of or in any manner connected with the construction, maintenance, or operation of the sidewalk including, but not limited to all court costs, attorney fees and other expenses incurred in connection with suits or such damage and shall, if so requested in writing, assist or relieve the State from defending any such suits brought against it. 6. The City shall attach documentation as Exhibit "C" which indicates that required environmental clearance has been obtained through resource agencies for the Page 2 of 5 improvements described in Exhibit "A". 7. Adequate insurance, as a minimum shall mean the City's contractor shall furnish the State with the Texas Department of Transportation's Certificate of Insurance (TxDOT Form No. 1560) covering the following listed insurance coverage which shall be maintained during the construction of the sidewalk within the F.M. 2243 right-of-way. rI In C. Worker's Compensation Insurance: Amount - Statutory Commercial General Liability Insurance: Amount $600,000 combined single limit each occurence and in the aggregate Comprehensive Automobile Liability Insurance: Amounts - Bodily Injury Property Damage $250,000 each person $500,000 each occurence $100,000 each occurence The State shall be included as an "Additional Insured" for activities within the F.M. 2243 right-of-way by endorsement to policies issued for coverage listed in B and C above. A "Waiver of Subrogation Endorsement" in favor of the State shall be a part of each policy for coverage listed in A, B, and C above. A certified copy of these endorsements shall be submitted to the State with the evidence of coverage. The City's contractor shall be responsible for any deductions stated in the policy. 8. This agreement shall bind and shall be for the sole and exclusive benefit of the respective parties and their legal successors. 9. The City shall not assign, sublet or transfer its interest in this agreement without prior written consent of the State. 10. The City and State, by the execution of this agreement, do not waive or relinquish any right which they may have under the law of constitution, State or Federal. 11. In the event either party hereto fails to comply with the terms as set out herein, the other party hereto may take such action as it deems appropriate to complete compliance. Should the City fail to comply with the obligations agreed to in this agreement, the State Page 3 of 5 12. 13. will notify that breach of contract has occurred. Within not less than thirty (30) day from the State's written notification, the City must remedy the breach as outlined by the State. If any adjustments or relocation work associated with the improvements described in Exhibit "A"' are required as a result of future upgrading or realignment of the F.M. 2243 right-of-way, then that work shall be the responsibility of the City at no cost to the State. The improvements covered by this agreement shall be maintained by the City. List of attached exhibits: Exhibit A - General layout and location map (approved construction plans on file at TxDOT District Office) Exhibit B - Metes and bound description Exhibit C - Environmental clearance documentation Exhibit D - Certification of Insurance (TxDOT Form 1560) Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates below stated. CITY OF GEORGETOWN THE STATE OF TEXAS Signature Title Date: Attest: Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission under the authority of Minute Order 100002. AN Director of Construction and Maintenance DATE: RECOMMENDED FOR EXECUTION: Page 5 of 5 District Engineer TzDOT Form tro.1560 (Rev.12-91) Previous editioru of this form may not be used. NOTE: Copies of the,,endorsertiPnts:iSted''� below are no as-attacN. TEXAS ''. -�' ,r "� ' ' < ? y ., Ys�• ... -f a �►�, ments to this certlficate''�=� DEPARTMENT OF TRANSPORTATION CERTIFICATE OF INSURANCE Y FOR STATE-WIDE BID CONTRACTS The named contractor shall not commencework until he/she has obtained the minimum insurance specified in.Section-14below,and obtained the following endorsements: the Texas Department of Transportation as an Additional Insured for coverages 3 and 4,. and a Waiver .of Subrogation in favor of the same department under coverages 2, 3 and 4. Only certificates of insurance published by this department are acceptable as proof of insurance. Commercial carriers' certificates are unacceptable. SECTION I - IDENTIFICATION DATA 1.1 Insured Contractors Name 1.2 Street/Mailing Address 1.3 City 1.4 State 1.5 Zip 1.6. Phone Number Area Code SECTION 11- TYPE OF INSURANCE Type Policy Effective Expiration .. Limits of Liability 2. WORKERS' COMPENSATION Number: Date: Date: Not Less Than: 2.1 2.2 2.3 Statutory - Texas Endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. 3. COMMERCIAL GENERAL LIABILITY Bodily Injury/Property 3.1 3.2 3.3 $600,000 combined Damage single limit each occurrence and in the aggregate. Endorsed with the Texas Department of Transportation as an Additional Insured and endorsed with -a Waiver of Subrogation in favor of the Texas Department of Transportation 4. TEXAS BUSINESS AUTOMOBILE POLICY A. Bodily Injury 4.1 4.2 4.3 ' $250,000 ea:person - $500,000 ea o0currgnce B. Property Damage 4.4 4.5 4.6 . $100,000-6m. rterice Endorsed with the Texas Department.of Transportation as an Additional Insured and endorsed with-aW- Aiver of Subrogation in favor of the Texas Department of Transportation. 5. UMBRELLA POLICY (If Applicable) 5.1 5.2 5.3 $ SECTION III - CERTIFICATION Ihis Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the insurance company named below. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the undersigned agent or his/her company has sent written notices by certified mail to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department of Transportation, acting on behalf of the State of Texas, that the insurance policies above meet all the requirements stipulated above and such policies are in full force and effect. 6.1 Name of Insurance Company 6.2 Company Address 6.3 City 16.4 State 7.6 Authorized Agent's Phone No. Area Code 7.1 Name of Authorized Agent 7.2 Agent's Address 6.5 Zip 7.3 City 7.4 State 7.5 Zip Original Signature of Authorized Agent Date Council Meeting Date: August 22, 1.995 AGE:TDA ITEM COVER SHEET 00 item No. Approval of an engineering contract agreement with Dennis Worley, P.E. DBA Dennis Worley and Associates for engineering services related tc Sur, City natural qas distribution system. I T M SCfirQrSARY • ------ -- The City of Georgetown has requested the services of Dennis Worley,_ P.E. DDA Dennis Worley and Associates for the design of the Sun City natural gas dirt.-ibution system. The contract agreement is not to exceed the amount of $200,000.00. FINANCIAL IMPACT; Funds in the amount of $2 0'), 000' are to be paid from Account: 620-105-5313-00. C M2 � _L None ATTACHMENTS Engineering Services Cron `race La s THE STATE OF TEXAS § AGREEMENT BETWEEN CITY OF § GEORGETOWN AND DENNIS W. § WORLEY D/B/A DENNIS W. WORLEY § AND ASSOCIATES COUNTY OF WILLIAMSON § FOR PROFESSIONAL SERVICES TO § DEVELOP MUNICIPAL GAS UTILITY CITY OF GEORGETOWN § This is an agreement by and between the CITY OF GEORGETOWN, a Texas Home Rule Municipal Corporation, ("CITY"), and DENNIS W. WORLEY D/B/A DENNIS W. WORLEY AND ASSOCIATES ("ENGINEER"), whereby ENGINEER agrees to perform professional services and CITY agrees to pay for the services provided. ARTICLE I -- PROJECT DEFINED 1.01 The PROJECT is generally described as the professional services required by the CITY for the planning, development, design and construction of a municipal gas utility system. ENGINEER will provide engineering consultation and surveying services in connection with the PROJECT. The scope of professional services required to be completed as a part of this Agreement are more fully detailed in the attached "Exhibit A". ARTICLE II -- INITIATION OF WORK 2.01 CITY shall direct ENGINEER to commence work on the PROJECT by sending to ENGINEER a letter of authorization to begin work on the implementation of the agreement. 2.02 Upon receipt of authorization to commence planning ENGINEER shall meet with CITY for the purpose of determining the nature of the PROJECT. CITY shall designate a representative to act as the contact person on behalf of the CITY. 2.03 ENGINEER shall determine CITY'S needs with regard to the PROJECT including but not limited to site evaluation, needs surveys, comparisons with other municipal projects, review of budgetary constraints and other preliminary investigations necessary for the PROJECT. 2.04. ENGINEER shall prepare a preliminary design which shall include schematic layouts, surveys, sketches and exhibits demonstrating the considerations involved in the PROJECT. Additionally ENGINEER shall prepare a report to CITY specifying his findings and conclusions with regard to the PROJECT. ENGINEER shall upon CITY'S request meet with the staff and City Council to make a presentation of his report. The preliminary design report shall be delivered to the CITY not later than fifteen (15) calendar days.after the date of authorization to commence planning. D:/CONTRACT/GASUTIL/ENGINEER.AGR 2.05 ENGINEER shall inquire in writing as to the information he believes CITY may have in its possession that is necessary for ENGINEER'S performance. CITY shall provide the information within its possession that it can make available to ENGINEER. ARTICLE III -- PRELIMINARY ENGINEERING PHASE 3.01 CITY shall direct ENGINEER to commence work on the PROJECT design by sending to ENGINEER a "letter of authorization" to begin work on the PROJECT design pursuant to this agreement. 3.02 Upon receipt of authorization to commence preliminary PROJECT design ENGINEER shall meet with CITY for the purpose of determining the extent of the PROJECT. 3.03 ENGINEER shall design the PROJECT providing the initial design of the PROJECT including but not limited to the preliminary drawings and specifications. ENGINEER shall make a cost determination with regard to the PROJECT and shall submit it to CITY. ENGINEER shall make a cost determination with regard to the PROJECT and shall submit it to CITY. ENGINEER shall submit preliminary design for CITY'S review within fifteen (15) calendar days after receipt of the Letter of Authorization to commence preliminary PROJECT design. 3.04 Upon completion of the preliminary design of the PROJECT, ENGINEER shall so notify CITY. Upon request ENGINEER shall meet with the CITY staff and CITY Council to make a presentation of his preliminary design of the PROJECT. ENGINEER shall provide an explanation of the cost estimate. ARTICLE IV -- FINAL DESIGN PHASE 4.01 CITY shall direct ENGINEER to commence work on the final design of the PROJECT by sending to ENGINEER a "letter of authorization " to begin work on the final design phase of the agreement. 4.02 Upon receipt of authorization to proceed with final design of the PROJECT, ENGINEER shall immediately prepare the final design including, but not limited to, the bid documents, contract, drawings, and specifications. ENGINEER shall assemble the agreement documents using CITY'S pre -approved form contract for the contract between CITY and contractor. The agreement documents shall include the design and specifications and other changes as required to fulfill the purpose of the PROJECT. CITY shall designate a representative to act as the contact person on behalf of CITY. 4.03 ENGINEER shall provide CITY with complete agreement documents sufficient to be advertised for bids by CITY. Upon completion of the final design of the D:/CONTRACT/GASUTIL/ENGINEER.AGR 2 PROJECT with the submission of the complete agreement documents, ENGINEER upon request of the CITY, shall meet with the CITY staff and CITY Council to make presentation of its final design of the PROJECT. ENGINEER shall provide an explanation of the final cost estimate. ENGINEER shall submit the final design to CITY not later than thirty (30) calendar days after the date of the Letter of Authorization to proceed with final design. ARTICLE V -- BIDDING PHASE 5.01 Should CITY elect to perform the work or any portion thereof, ENGINEER shall assist CITY in advertising for and obtaining bids or negotiating proposals for the construction of the PROJECT. Upon request ENGINEER shall meet with CITY staff and CITY Council to make a presentation and recommendation with regard to the bids submitted for the construction of the PROJECT. 5.02 ENGINEER shall review the contractors' bids including subcontractors, suppliers, and other persons required for the completion of the agreement and if requested give his professional opinion of each. 5.03 ENGINEER shall review the bids submitted with CITY, assist in the preparation of the bid tabulation sheet, and make recommendations to CITY with regard to the contractors, bids or proposals submitted. 5.04 Where substitutions are requested by a contractor, ENGINEER shall review the substitution required and make recommendations for approval of disapproval of such substitutions. ARTICLE VI -- CONSTRUCTION PHASE 6.01 ENGINEER shall consult with CITY and act as its representative. 6.02 ENGINEER shall make visits to the site to observe as an experienced and qualified design professional, the progress and quality of the executed work of contractor and his subcontractors, and to determine if such work is proceeding in general accordance with the contract documents. 6.03 ENGINEER shall keep CITY informed of the progress of the work, shall endeavor to guard CITY against defects and deficiencies in such work, and may disapprove or reject work failing to conform with the agreement documents. 6.04 ENGINEER shall review and approve shop drawings and samples, the results of tests and inspections, and other data which each contractor is required to D:/CONTRACT/GASUTIL/ENGINEER.AGR 3 provide. 6.05 ENGINEER shall determine the acceptability of substitute materials and equipment proposed by contractor, and receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by contractor in accordance with the agreement documents. 6.06 ENGINEER shall issue all instructions of CITY to contractor as well as interpretations and clarifications of the agreement documents pertaining to the performance of the work. 6.07 Based upon ENGINEER'S on -site observations and as an experienced and qualified design professional, and upon his review of applications of payment and the accompanying data and schedules, ENGINEER shall review the amounts owing to the contractor and recommend in writing payments to contractor in such amounts. The recommendation of payment by ENGINEER shall constitute a recommendation by ENGINEER to CITY based upon ENGINEER'S review of the progress of the work and that quality of such work is in accordance with the agreement documents as ENGINEER has observed. 6.08 Upon notification from contractor that the PROJECT is substantially complete, ENGINEER shall conduct an inspection of the site to determine if the PROJECT is substantially complete. ENGINEER shall prepare a checklist of items which shall be completed prior to final acceptance. 6.09 Upon notification by contractor that the items designated for completion have been completed, ENGINEER shall inspect the PROJECT to verify final completion. 6.10 ENGINEER shall not be responsible for the work of the contractor or any of his subcontractors, except this provision shall not alter the ENGINEER'S duties to CITY arising from the performance of ENGINEER'S obligations. 6.11 ENGINEER shall conduct at least one inspection during the warranty period and shall report to CITY as to the continued acceptability of the work. 6.12 ENGINEER shall not execute change orders on behalf of CITY or otherwise alter the financial scope of the PROJECT without the authorization of CITY. ARTICLE VII -- COMPENSATION 7.01 CITY agrees to pay ENGINEER for all professional services rendered under this Agreement. ENGINEER shall be paid a fee based on the rates of compensation as evidence in the attached "Exhibit B". On or before the 30th day of each month, the D:/CONTRACT/GASUTIL/ENGINEER.AGR 4 ENGINEER shall prepare and submit to the CITY for approval or modification, a statement showing as completely as practicable, the total value of the work done by the ENGINEER based on the ENGINEER'S estimate of the percentage of completion as approved by the CITY, up to and including the last day of the preceding month. CITY shall then pay ENGINEER on or before the 10th day of the following month the total amount of the statement as approved by CITY. ENGINEER shall submit requests for payment based on work performed. In no event shall CITY pay for services not yet performed. Total cost of consulting services shall not exceed TWO HUNDRED THOUSAND Dollars ($200,000.00). ARTICLE VIII -- WARRANTY 8.01 ENGINEER warrants the information provided, as an experienced and qualified professional engineer, reflecting the current standard, procedures, and performances of the industry for this project. ENGINEER warrants the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services pursuant to the agreement, pursuant to the highest standard of performance in the profession. ARTICLE IX -- INDEMNIFICATION 9.01 ENGINEER agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work done by ENGINEER under this agreement. Such indemnity is intended by ENGINEER to provide protection to the CITY to the maximum extent allowed by law. 9.02 ENGINEER assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes and discharges CITY, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to, including death of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or arising out of, or in connection with ENGINEER'S work to be performed hereunder whether or not said claims, demands and causes of action in whole or in part are covered by insurance. ARTICLE X -- INSURANCE 10.01 ENGINEER shall procure and maintain at his sole cost and expense for the duration of the agreement insurance against claims for injuries to person or damages to D:/CONTRACT/GASUTIL/ENGINEER.AGR 5 property which may arise from or in connection with the performance of the work hereunder by ENGINEER, his agents, representatives, volunteers, employees or subcontractors. 10.02 The ENGINEER'S insurance coverage shall be primary insurance with respect to the CITY, its officials, employees and volunteers. Any insurance or self- insurance maintained by CITY, its officials, employees or volunteers, shall be considered in excess of the ENGINEER'S insurance and shall not contribute to it. 10.03 The ENGINEER shall include all subcontractors as additional insured under his policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 10.04 Certificates of Insurance and endorsements shall be furnished to the CITY and approved by the CITY before work commences. All Certificates of Insurance shall meet the following requirements. All Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions warranting the following: 1. The company is licensed and admitted to do business in the State of Texas. 2. The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance or ISO. 3. Sets forth all endorsements and insurance coverage according to requirements and instructions contained herein. 4. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the City of Georgetown. In addition, the Certificates of Insurance shall state any original endorsements affecting coverage required by this section. 10.05 The following standard insurance policies shall be required: 1. General Liability Policy 2. Automobile Liability Policy 3. Workers Compensation Policy 4. Professional Liability Policy 10.06 The following general requirements are applicable to all policies: D:/CONTRACT/GASUTIL/ENGINEER.AGR 6 A. General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. B. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. A deductible is acceptable for Professional Liability and the deductible limits shall not exceed Fifty Thousand Dollars ($50,000.00). D. Claims Made Policies will not be accepted, except for Professional Liability Insurance. E. The CITY of Georgetown, its officials, employees, and volunteers, are to be added as "Additional Insured" to the General Liability and the Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officials, employees, or volunteers. F. A Waiver of Subrogation in favor of the CITY of Georgetown with respect to Worker's Compensation insurance must be included. G. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY of Georgetown. H. Upon request, certified copies of all insurance policies shall be furnished to the CITY of Georgetown. 10.07 The following Commercial General Liability will be required: A. Minimum combined Single Limit of $600,000 per occurrence for Bodily Injury and Property Damage. B. Coverage shall be at least as broad as Insurance Service's Office form number CG 00 01. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review. and acceptance. D:/CONTRACT/GASUTIL/ENGINEER.AGR 7 10.08 The following Automobile Liability will be required: A. Minimum Combined Single Limit of $600,000 per occurrence for Bodily Injury and Property Damage. B. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. 10.09 The following Professional Liability will be required: A. Minimum of $1,000,000 per occurrence and $1,000,000 aggregate. B. Coverage must be maintained for two (2) years after the termination of this agreement. 10.10 The following Workers' Compensation will be required: A. Employer's Liability limits of $100,000 for each accident is required. B. Texas Waiver of Our Right to Recover From Others Endorsements, W 42 03 04 shall be included in this policy. C. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: all States except those listed in Items A and the States of NV, ND, OH, WA, WV, WY. ARTICLE XI -- NON -ASSIGNMENT CLAUSE 11.01 ENGINEER shall not assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the CITY, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary, in any written consent to an assignment, no agreement will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. 11.02 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CITY and ENGINEER, and all duties an responsibility undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CITY and ENGINEER and not for the benefit of any other party. ARTICLE XII -- MISCELLANEOUS CLAUSES D:/CONTRACT/GASUTIL/ENGINEER.AGR 8 12.01 Termination for convenience. CITY may at any time terminate the PROJECT for convenience. At such time CITY shall notify ENGINEER who shall cease work immediately. ENGINEER shall be compensated for the services performed. 12.02 Governing Law. This agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Williamson County, Texas. 12.03 Notices. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed tot he parties at the following addresses: CITY: City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Attn: City Manager City Attorney Fax: (512)930-3622 ENGINEER: Dennis W. Worley d/b/a Dennis W. Worley and Associates 10803 Shackelford Austin, Texas 78748 Fax:(512)280-1127 Addresses and telecopy numbers for notices required under this Agreement may be modified as needed by giving notice as required in this paragraph. 12.04 Independent Consultant/Engineer. The parties agree that ENGINEER shall be deemed to be an independent consultant/engineer and not an agent or employee of the CITY with respect to its acts or omissions hereunder. The parties agree that the services and activities performed under this Agreement are not and shall not be construed as a join venture between the parties. 12.05 Confidential Work. Any reports, information, project evaluation, project designs, data, or other documentation developed by ENGINEER hereunder given to or prepared by or assembled by the ENGINEER will not be made available to any individual or organization by the ENGINEER without prior written approval of the CITY. 12.06 Ownership of Documents. CITY shall have title and ownership of all documents, publications, brochures, reports, data, in any form or media, produced by the ENGINEER pursuant to this project. All such works shall be deemed works -for -hire. CITY shall have sole ownership of all copyright interest in any documents produced by ENGINEER pursuant to this Agreement, to the extent that any such documents may be D:/CONTRACT/GASUTIL/ENGINEER.AGR 9 copyrighted. 12.07 No Oral Modification/Complete Agreement. This Agreement and any exhibits thereto constitute the entire Agreement between the CITY and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. 12.08 Waiver. No waiver by either party hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 12.09 Remedies. The rights and remedies of the CITY provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law and under this agreement including the right of specific performance and offset. Payment made to ENGINEER by the CITY shall not denote acceptance of the work. 12.10 Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 12.11 Severability. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or inability to enforce shall not affect any provision thereof, and this agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 12.12 Heirs, successors and assigns bound. The CITY and ENGINEER and their heirs, successors, executors, administrators, and assigns are hereby bound to the terms and conditions of this Agreement. 12.13 Signatures warranted. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the CITY and , respectively. Executed this the day of , 1995. CITY OF GEORGETOWN DENNIS W WORLEY D/B/A DENNIS W. WORLEY AND ASSOCIATES Leo Wood, Mayor D:/CONTRACT/GASUTIL/ENGINEER.AGR 10 Dennis W. Worley Attest: Attest: Sandra Lee, City Secretary Corporate Secretary Approved as to form: Marianne Landers Banks City Attorney STATE OF TEXAS ) COUNTY OF WILLIAMSON ) Approved as to form: Corporate Counsel CORPORATE ACKNOWLEDGEMENT This instrument was acknowledged before me on this day of August 1995, by , in his capacity as of , a Texas Corporation, on behalf of said corporation. Notary Public in and for the State ofTEXAS D:/CONTRACT/GASUTIL/ENGINEER.AGR 12 PRELIMINARY ENGINEERING PHASE: This phase involves determination of project scope and economic and technical evaluation of feasible alternatives. Services during this phase include: 1) Reviewing available data and consulting with the OWNER to clarify and define the OWNER's requirements for the project. 2) Advising the OWNER as to the necessity of providing or obtaining from others, additional data or services. These additional services may include photogrammetry, reconnaissance surveys, property surveys, topographic surveys, geotechnical investigations and consultations, compilation of hydrological data, traffic studies, materials engineering, assembly of zoning, deed, and other restrictive land use information, and environmental assessments and impact statements. 3) Identifying and analyzing requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. 4) Providing analyses of the OWNER's needs, planning surveys, and comparative evaluations of prospective sites and solutions. 5) Providing a general economic analysis of the OWNER's requirements applicable to various alternatives. 6) Preparing a report presenting alternative solutions available to the OWNER with the consultant's findings and recommendations. The report may contain schematic layouts, sketches, conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction), and a registered engineer's conceptual opinion of probable costs for the project. The number and distribution of report copies will be stipulated in the agreement with the OWNER. 7) Consulting with the OWNER, reviewing preliminary reports, clarifying and defining the project requirements, reviewing available data, and discussing general scheduling. Conferences may also be required with approving and regulatory governmental agencies and affected utilities. 8) Advising the OWNER as to whether additional data or services are required, and assisting the OWNER in obtaining such data and services. 9) Preparing preliminary design documents consisting of final design criteria, preliminary drawings, outlines of specifications, and written descriptions of the project. The number and distribution of copies will be as stipulated in the agreement with the OWNER. 10) Preparing revised opinions of probable total project costs. FINAL DESIGN PHASE: This phase of project development is undertaken only after the OWNER has approved the preliminary phase material. The basic service for the final design phase includes: 1) Preparing construction drawings and specifications showing the character and extent of the project based on the accepted preliminary engineering documents. 2) Preparing and furnishing to the OWNER a revised opinion of probable total project costs based on the final drawings and specifications. 3) Furnishing the necessary engineering data required to apply for regulatory permits from local, state, or federal authorities. This is distinguished from and does not include detailed applications and supporting documents for government grant-in- aid or planning grants that would be furnished as additional services. 4) Preparing basic documents related to construction contracts for review and approval by the OWNER (and the OWNER's legal and other advisors). These may include contract agreement forms, general conditions and supplementary conditions, invitations to bid, instructions to bidders, insurance and bonding requirements, and preparation of other contract -related documents. 5) Furnishing to the OWNER the specified number of copies of drawings, specifications, and other contract documents. BIDDING PHASE: Services under this phase include: 1) Assisting the OWNER in advertising for and obtaining bids for each separate prime construction contract, maintaining a record of prospective bidders to whom bidding documents have been issued, attending pre -bid conferences, and receiving and processing deposits for bidding documents. 2) Issuing addenda as appropriate to interpret, clarify or expand the bidding documents. 3) Assisting the OWNER in determining the qualification and acceptability of prospective constructors, subcontractors and suppliers. 4) When substitution prior to the award of contracts is allowed by the bidding documents, consultation with and advising the OWNER as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 5) Attending the bid openings, preparing bid tabulation sheets, and providing assistance to the OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. CONSTRUCTION PHASE: Services under this phase involve consulting with and advising the OWNER during construction and are limited to those services associated with performing as the OWNER's representative. Such services comprise: 1) Preparing for and conducting a preconstruction conference and issuing a Notice to Proceed on behalf of the OWNER. 2) Reviewing shop and erection drawings submitted by the constructors for compliance with design concepts. 3) Reviewing laboratory, shop, and mill test reports on materials and equipment. 4) Visiting the project site weekly as construction proceeds to observe and report on the progress and the quality of the executed work. 5) Issuing instructions from the OWNER to the constructors, issuing necessary interpretations and clarifications of contract documents, preparing change orders requiring special inspections and testing of the work, and making recommendations as to the acceptability of the work. 6) Preparing sketches required to resolve problems due to actual field conditions encountered. 7) Determining amounts of progress payments due, based on degree of completion of the work, and recommending issuance of such payments by the OWNER. 8) Observing and assisting performance test and initial operation of the project. 9) Preparing record drawings from information submitted by the CONTRACTOR. 10) Making a final inspection and reporting on completion of the project, including recommendation concerning final payments to constructors and release of retained percentages. OPERATIONS PHASE: Services under this phase include: 1) Oversee and start-up of the newly constructed system, including plant operations. 2) Educate operations staff in areas involved in properly operating a gas utility system. 3) Establish an operational budget for a two year period of time and a five year capital improvement program acceptable to the OWNER. 4) Assist other city consultants related to gas utilities with the completion of safety manuals, operational procedures or other regulatory permitting assistance as requested by the OWNER and which shall be paid under additional services to the base contract. ENGINEERING AND CONSULTING SERVICES Registered Professional Engineer $ 85.00/hr Draftsperson 25.00/hr • Additional services will include out of pocket expenses which will be passed through costs to the OWNER. • Mileage will be billed at 300 per mile. Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Final Plat of Berry Creek, Section Eleven, Phase One. ITEM SUMMARY: This proposed Final Plat for a portion of Berry Creek, Section Eleven conforms to the Preliminary Plat for the entire Subdivision. It contains 24 lots at the entrance to Section Eleven near Berry Creek Drive. This first Final Plat ' contains the bridge on Champions Drive that crosses Berry Creek: The remaining area, including the connection to Dry Creek Drive as approved in the Preliminary Plat, will be included in subsequent phases. All of the proposed lots front on the two (2) local streets that come off of Champions Drive, Poppy Hills Drive and Poppy Hills Cove. Lots 1 and 25 front on Poppy Hills Drive, and are required to take access from only that street. The Subdivision Regulations require that corner lots on two (2) streets of different classification, they shall take access from the lower classification street. The existing 100 year flood plain encroaches on most of Lots 16 and 17 and possibly a portion of Lot 15. The Preliminary Plat indicated that the 100 year flood plain will be contained entirely within the 60 foot drainage easement that is proposed along the rear of some lots, including Lots 16 and 17. In order to accomplish that, the channel requires modification. If the modification does not occur, then the easement must be much wider to accommodate the wider flood plain. SPECIAL CONSIDERATIONS: With the applicant's concurrence, this plat was being withheld from consideration by the City Council until the construction plans were reviewed. At this time, the applicant has complied with the requirement that construction plans be submitted for review, and therefore, the plat is being forward to City Council. The construction plans address the concern regarding the reduction of the drainage easement. If the review of the construction plans indicates that modification of the plat is required, the applicant understands that the plat may be reviewed by the Commission and Council again. FINANCIAL EMPACT: None. COMMENTS: At its April 4, 1995, regular meeting, the Planning and Zoning Commission voted 6-0 to approve a Final Plat of Berry Creek, Section Eleven, Phase One provided all the Technical Issues are addressed prior to City Council consideration. Plats addressing the technical issues have been submitted. ATTACHMENTS: Staff report and plats Submitted Bv: Edward J, irry, AICP - irector Division Developmen Services ' . 7�, 4� - 22 - Hildy L. 'ngma, AICP Chief Planner FINAL PLAT OF BERRY CREEK SUBDIVISION, SECTION ELEVEN, PHASE ONE AN-11.484 ACRE TRACT IN THE WILLIAM ROBERTS SURVEY; AND REQUESTED VARIANCES TO THE SUBDIVISION REGULATIONS OWNER/APPLICANT: Mr. Bob Wunsch, Managing Partner Berry Creek Partnership 30444 Berry Creek Drive Georgetown, Texas 78628 512/244-9707 AGENT: Mr. Charles Wirtanen CWC 30444 Berry Creek Drive Georgetown, Texas 78628 512/244-9707 REQUEST: Final Plat of Berry Creek, Section Eleven, Phase One, an 11.484 acre tract recorded in Volume 2231, Page 114 of the Official Deed Records of Williamson County, Texas; and requested variances to the Subdivision Regulations. FACTS: Location: Berry Creek Drive. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: Located out of the City, zoning does not apply. Proposed Use: 24 single family residential lots. Surrounding Uses North: Golf Course (out of City) and Zoning: South: Undeveloped, planned for single family residential (out of City) East: Single family residential (out of City) West: Undeveloped, planned for single family residential (out of City) Final Plat - Berry Creek, Section Eleven, Ph. One August 16, 1995 Project#FP-95-05 /File:BC-11-l.FP Page 1 Century Plan: The Century Plan -Development Plan designates this parcel to be Intensity Level 2. Notification: Notification was completed as required. HISTORY: In 1985 a Concept Plan of the entire Berry Creek Development, including this site, was proposed. Since the area was not inside the City's ETJ at the time the plan was not submitted to the City for formal review. A Concept Plan for Berry Creek, Section Eleven was approved by City Council on December 8, 1992, with a provision that Champions Boulevard be shown as a minor arterial and a note is added stating shared access will be provided for lots fronting on Champions Boulevard. A Preliminary Plat of Berry Creek, Section Eleven was approved by City Council on February 28, 1995. SEE EXHIBIT C ANALYSIS: This proposed Final Plat for a portion of Berry Creek, Section Eleven conforms to the Preliminary Plat for the entire Subdivision. It contains 24 lots at the entrance to Section Eleven near Berry Creek Drive. This first Final Plat contains the bridge on Champions Drive that crosses Berry Creek. The remaining area, including the connection to Dry Creek Drive as approved in the Preliminary Plat, will be included in subsequent phases. All of the proposed lots front on the two (2) local streets that come off of Champions Drive, Poppy Hills Drive and Poppy Hills Cove. Lots 1 and 24 front on Poppy Hills Drive, and are required to take access from only that street. The Subdivision Regulations require corner lots on two (2) streets of different classification to take access from the lower classification street. The existing 100 year flood plain encroaches on most of Lots 16 and 17 and possibly a portion of Lot 15. The Preliminary Plat Final Plat - Berry Creek, Section Eleven, Ph. One August 16, 1995 Project#FP-95-05 /File:BC-11-1.FP Page 2 indicated that the 100 year flood plain will be contained entirely within the 60 foot drainage easement that is proposed along the rear of some lots, including Lots 17 and 18. In order to accomplish that, the channel requires modification. If the modification does not occur, then the easement must be much wider to accommodate the wider flood plain. Should the planned reduction of the drainage easement not occur then the plat must be revised to include the larger easement area and place building restrictions on those lots upon which the 100 year flood plain encroaches. Variances: Section 33030 O. 1. Street Intersections It is required that all major streets intersect at no more than a five (5) degree variation from a right angle. Greater variations are permitted provided the Commission grants a variance for such variation. The variation in this case is about eighteen (18) degrees. The Community Owned Utilities has reviewed the proposed angle and does not find it to be hazardous given the sight lines on Berry Creek Drive. The intersection is actually on the outside of a large curve in Berry Creek Drive. The main reason for requiring intersections at right angles is for safety. If an intersection is not at a right angle then one of the sides' angles is less than 90 degrees and it is difficult for a motorist to see vehicles approaching from that side without turning his head away from the front of his own vehicle which is in the direction he is heading. If the intersection is at a right angle then it is not required that the motorist completely turn away from the front to look for approaching vehicles. In this case, Berry Creek Drive is curved enough to allow the motorist on Champions Drive to turn his head only 90 degrees to see vehicles about 200 feet approaching the intersection from the north. This is the side at which there is a 72 degree angle. The other side has an angle of 108 degrees and provides substantial sight distance. The County, who must also approve this plat since it is in the ETJ, concurs with the findings regarding the angle of intersection and sight distances. In response to questions which Final Plat - Berry Creek, Section Eleven, Ph. One Project#FP-95-05 /File:BC-11-1.FP August 16, 1995 Page 3 arose at the public hearing for the Preliminary Plat, the County performed a traffic count on Berry Creek Drive. The count resulted in I ,169 vehicles on Berry Creek Drive in a 24 hour period. This is less than eight (8) percent of the capacity for which the roadway was designed. Another standard of measurement is the rate of congestion. It is determined by counting the peak number of vehicles during a fifteen (15) minute period. During this count a rate of 52 vehicles was detected during the peak period. That translates to a rate of one (1) vehicle every seventeen (17) seconds on the average. The Century Plan recommends that a Level of Service (LOS) C be provided on Georgetown's roadways. LOSs are measured by passenger cars per hour (pcph). LOS C is the equivalent of 200 to 299 pcph. The rate of congestion noted above indicates that the roadway is capable of operating at LOS C or better. TECHNICAL ISSUES: The following Technical Issues must be addressed prior to City Council consideration. PRIOR TO RECORDING: 1. The construction plans for the public improvements must be submitted for review and approval. 2. A note shall be placed on the plat stating that access is not permitted onto Champions Drive from Lots 1 and 24. 3. Certification from all taxing authorities that taxes due on the property have been paid must be provided. 4. Two (2) copies of the deed restrictions, if such exists, must be provided. 5. All conditions of approval of the Preliminary Plat shall be completed. The following items must be addressed prior to recording the Final Plat. 1. The fees in lieu of park land dedication shall be paid. The required fee for 24 lots is $5,400. 2. An approved Water Pollution Abatement Plan shall be submitted. Final Plat - Berry Creek, Section Eleven, Ph. One August 16, 1995 Project#FP-95-05 /File:BC-11-1.FP Page 4 STAFF RECO ATION: Approval of a Final Plat of Berry Creek, Section Eleven, Phase One provided all the Technical Issues are addressed prior to City Council consideration. Approval of the variance to Section 33030 O. 1. to permit a greater variation than five (5) degrees at intersections of major streets after making the required findings of fact. P&Z ACTION: At its April 4, 1995, regular meeting, the Planning and Zoning Commission voted 6-0 to approve a Final Plat of Berry Creek, Section Eleven, Phase One provided all the Technical Issues are addressed prior to City Council consideration. Final Plat - Berry Creek, Section Eleven, Ph. One Project#FP-95-05 /File:BC-11-1.FP August 16, 1995 Page 5 EXHIBIT A i sa ac , '� r N N N , r 2' • • •li ' N q IO J - ' �,r` 1 / � I �}, YI � �•.) ada „ r » w N Q•. i „ pJ , ] .) 9 rg 3• SS �> r r•o r 'r �» ~ r t h N n 'a iO a 'r a v � fw•r• u. r a. J I- S2 J � Sa t . 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I^ J •+t .c rK.. wrK• q7 •> .c. .�qc 4 _- \ 17 16 � EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': March 14, 1995 'PROJECT NAME': Berry Creek Section 11, Phase I 2. 'GIVEN' acres of Intensity Level 1 11.44 acres of Intensity Level 2 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 11.44 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 0 0 0 2 27,444 7,433 46 3 0 0 0 4 0 0 0 5 0 0 0 6 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 27,444 Maximum GPD Wastewater Capacity: 7,433 Maximum Trip Ends: 46 5. PERMITTED DEVELOPMENT: (a) (b) (c) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV LAND USES WATER WASTEWATERTRANSPORTATIO UNITS REGS Detached SF Large Lot 24 Average Lot 27 Zero Lot Line 27 Attached SF 42 Multifamily 52 Mobile Home 42 Lodging 143 Institutional 80,012 Church -with day care 89,104 -w/o day care 147,548 Medical Office 65,971 General Office 75,396 Retail, Mixed 42,222 Retail, Restaurant 17,592 Retail, Store 84,443 Employment Centers 75,396 Warehouse 481,474 Mini -Warehouse ------------------- --------------------------------- 6,861,000 -------------------------- 26 76 24 30 52 27 30 52 27 42 42 42 48 20 20 39 54 39 122 33 33 80,791 54,388 54,388 89,551 2,940 2,940 148,655 63,528 63,528 66,364 14,174 14,174 81,679 17,937 17,937 45,600 2,769 2,769 15,485 4,023 4,023 84,463 9,525 9,525 81,679 9,996 9,996 530,911 76,233 76,233 7,432,750 ---------------------------------------- 175.923 -------------------- 175,923 (d) DEVELOPMENT ALLOWED/UNIT ------------------------ 23 23 housing units 83 27 housing units 111 27 housing units 166 42 housing units 327 20 housing units 39 housing units 33 rooms 54,388 square feet 2,940 square feet 63,528 square feet 14,174 square feet 17,937 square feet 2,769 square feet 4,023 square feet 9,525 square feet 9,996 square feet 76,233 square feet 175,923 square feet i \ f! r ./+•..• \ �_ Y i __ �`.'�� �y �♦`��\''^^�� •q ..\�.;j f �_\\ l' 6CRRT CRLYJ. 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'. _ 1- r..✓�� ` f'!fl� I \ ' 1 i ' / \ �` •�.. �l` 1 W5, nR1- PHASE 2 / -' - --= _ m _ rs r� f rj u' '� 10 e •� C PHASE ^3 wt,5 r L 1 -�' I I t I 1 I aVeorMv.T coxv I I 1 ..e ...� - -t 1 •• t I t 1 ' BERRY CREEK, SECTION ELEVEN PRELIMINARY PLAT NAR `� ' 91 12 : 19 SU11M I T REALTORS P . 2f'4 CWC Charles Wirtanen, P.E., Inc. 30500 Berry Creek Drive; Georgetown, TX 78628 Pl l: 512/9.1 0-4615 FAX- 512/930-4223 VIA TEEEFAX March 24, 1995 Mr. Charles Simon City of Georgetown P.O. Box 409 Georgetown, TX 78626 Subject: Berry Creek Section Eleven Phase One- Final Plat Variance bequest Dear Mr. Simon: This letter is to request a variance to Section 333030 0.1 of the subdivision ordinance for the referenced plat. The ordinance requires that the Planning commission approve a, variance for any intersection angle exceeding a right angle by more than 5°. The intersection as shown has an angle of intersection of approximately 1 a °. The following lists our response to the issues required to be considered by the Commission and Council. 1. In what manner will the public convenience and welfare be substantially served? The intersection angle requirement is a generalized standard adopted to ensure that adequate sight distance is available and that turning movements are not unusually difficult. As explained in Item 6 below the proposed intersection should result in equal or better public convenience and welfare, because the great majority of traffic will be provided an easier turning movement at the intersection. 2. Will appropriate use of the property be substantially or permanently impaired or ditninished in any manner? Provide reasons why you believe your answer is supportable. The only impact the variance will have is on traffic flow at the intersection. In this case the traffic flow should be improved over the ordinance requirement. flEiR 274 ''-Dc 12:2-0 SUMMIT REALTURS P. 4 Mr. Charles Simon March 24, 1995 Page Two 3. ' What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced with enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The hardship creating the request for this variance is the relative proximity of Berry Creek to the intersection and the configuration of existing lots and the Berry Creek Golf Course. The proposed road alignment is located to minimize the skew of the required bridge across Berry Creek, while minimizing impact on the adjoining golf course and residential lot. In addition, the variance will allow the elimination of an additional curve in Champions Dr. 4. If the requested variance, if approved, will it confer upon the applicant a special right or privilege no commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. The proposed variance confers no special right or privilege since it results in an intersection that provides equal or better traffic flow than that required by the ordinance. Anyone proposing a condition equal, or superior to, that required by ordinance should receive similar treatment. 5. How is the public interest affected? There should be no effect on the public interest. 6. List the special Conditions that affect this property and justify the approval of the variance. The proposed project has limited options available to it to access Berry Creek Drive. The proposed intersection of Berry Creek Drive and Champions Blvd. was in effect selected when the developers plated the Resubdivision of Berry Creek Section Three. At that time a space was left between Lot 1, Block C, Resubdivision of Berry Creek Section Three and the existing golf course. The intersection has always been planned to occur at an angle of 1051 because such a design would result in equal or better traffic flow through the intersection and because it would allow a roadway alignment which resulted in the best fit between existing lots, the golf course, Berry Creek, and Berry Creek Drive. In addition, the alignment allows the bridge to built at an appropriate location to physically cross the creek. MAR 214 '9J 12:21 SUMMIT REALTORS P.4i4 Mr. Charles Simon March 24, 1995 Page Three The reasons that traffic flow at the proposed intersection will be equal to or improved over that required by the ordinance are: a. The intersection is a " T" intersection. b. The great majority of the turning movements from Champions Blvd. onto Berry Creek Drive will be right hand turns. C. The great majority of turning movements from Berry Creek Drive onto Champions Blvd. will be left hand turns. d. Berry Creek Drive has a 10 ft. median which allows vehicle turning left onto Berry Creek Drive from Champions Blvd. additional turning radius. e. Sight distance at the intersection is enhanced by several conditions including: 1) there is a 50 ft. front building setback line (Berry Creek Drive frontage) and a 25 ft. side building setback (Champions Blvd. frontage) imposed on Lot 1, Block C, Resubdivision of berry Creek Section Three, 2) the southwest corner of the intersection is golf course which provides unrestricted sight lines. 7. How will the spirit of the ordinance be observed if this request is granted? The ordinance requirement was adopted to ensure adequate sight distance and ease of turning movements at intersections. This variance, because of the specific conditions listed above, results in the achievement of those goals. 8. How will substantial justice be done if this request is granted? If this request is granted, the difficult task of aligning a major road through a golf course, residential area, and across a creek will be accomplished without negatively impacting the public. If you should have any questions, please feel free to call. Sincerely yours, 6�v Charles Wirtanen, P.E. 0 Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Concept Plan of 88.55 acres in the William Addison Survey to be known as First Charter Subdivision. ITEM SUMMARY: This Concept Plan encompasses 88.55 acres and proposes 242 single family residential lots. Only 60 of the acres are proposed for development at this time. The original plan submitted included 92.93 acres, but it was later discovered that the actual contiguous land under the same ownership was smaller. The applicant has revised the plan based. on the reduced acreage. As a condition of plan approval, three (3) acres of park land will be dedicated in the southwest corner of the 88.55 acre tract. This land is not included in the proposed four (4) phases of the Concept Plan; however it will be dedicated to the City by separate instrument when the first final plat for the subdivision is recorded. Access will be given to the park land through an easement which will also be dedicated by separate instrument. The first phase, containing 61 lots, is proposed to begin in the fourth quarter of 1995. The fourth and last phase is scheduled to begin in the second quarter of 1999. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At its August 1, 1995, meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of the Concept Plan for First Charter Subdivision provided the Technical Issue is addressed prior to City Council consideration. A revised Concept Plan which addresses the Commission's recommendation has been submitted. The property boundary of the Concept Plan has not been changed to reflect additional information provided regarding the size of the existing tract. This will be done after City Council action. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report and Concept Plan Submitted By 2�' Edward J Barry, AICP - hector Divisio f Development ervices Hildy L. 'ngma, AI Chief Planner CONCEPT PLAN OF 92.93 ACRES IN THE WILLIAM ADDISON SURVEY TO BE KNOWN AS FIRST CHARTER SUBDIVISION, LOCATED ON SH29, EAST OF SOUTHWESTERN BOULEVARD OWNER/APPLICANT: Mr. Ronald Mahan Rt. 3, Box 1-A Georgetown, Texas 78628 AGENT: Mr. David Sawyer Sawyer Companies P.O. Box 25376 Houston, Texas 77265 713/524-7207 FAX 713/524-7209 REQUEST: Concept Plan of 92.93 acres in the William Addison Survey to be known as First Charter Subdivision, and recorded in Volume 358, Page 229 of the Official Deed Records of Williamson County, Texas. Location: Located on State Highway 29 East. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: This property is located outside the City limits so zoning does not apply. Proposed Use: 350 single family residential lots. Surrounding Uses and Zoning: North: Undeveloped land, Southwestern University (RP) South: Undeveloped land (out of City) East: Agricultural (out of City) West: University Park, Section One (RS) Century Plan: The Century Plan Development Plan designates this development as Intensity Level 3. The proposed development can be accommodated within the assigned intensities. SEE EXHIBIT B Concept Plan - First Charter August 16, 1995 CP-95-01 / File:1STCHRTR.CCP CM:CS Page 1 Notification: The notification requirements have been completed. ANALYSIS: Concept Plans are required for some proposed subdivisions in order to determine the proposed location of streets, land uses, utility demand, and conformance with the Century Plan prior to reviewing a Preliminary Plat. This proposed Concept Plan includes all required information, with the exception of the proposed park land location. It actually contains more information than what is required. SEE EXHIBIT C The Subdivision Regulations require that all arterial and collector streets be shown, but does not require that local streets be shown. The local streets are shown in this plan. In the plan, there is a collector street entering the subdivision from SH29 and generally traversing both Sections One and Two. The collector and local street system is designed in response to the emergency services' concerns of accessibility, but also maintains the applicant's desired closed subdivision environment. In direct response to the emergency services' concerns the collector street was straightened and the streets in Sections One and Four were changed to more closely resemble a grid pattern. The collector street's intersection with SH29 is at the crest of a hill, providing greater visibility than all other points along this subdivision's frontage on SH29. Concept Plan - First Charter CP-95-01 / File:1STCHRTR.CCP CM:CS For 350 lots, 2.33 acres of park land is required. The applicant proposes to dedicate three (3) acres of park land at the southwest corner of the 92.93 acres adjacent to the Smith Branch and outside of the 100 year flood plain. This is not within the 60 acres immediately proposed for development. The park land will be deeded to the City prior to filing of the final plat for Section One. Temporary access to the park land will be through the 35 foot wide drainage easement proposed along the southern boundary as indicated on the Concept Plan. The easement will be dedicated by an instrument separate from the final plats of the subdivision and will specifically permit its use as an access to the park land. The future access of the park may be from Southwestern Boulevard through adjacent park land dedicated as part of University Park, Section One to the west. SEE EXHIBIT D This approximately 17 acre park generally August 16, 1995 Page 2 straddles Smith Branch and contains mostly flood plain. There was also 2.42 acres of park land in the proposed University Park, Section Two, south of and adjacent to the currently proposed park land. University Park, Section Two, was never recorded so that park land does not exist. However, the same consideration will be given to park land at that location if the land previously known as University Park, Section Two, is proposed to be subdivided again. The Parks and Recreation Board has reviewed the proposal and concurs with the dedication of the three (3) acres in the proposed location. The proposed stormwater detention area is located relatively close to the proposed park land. The detention area may actually encroach into some of the three (3) acres proposed as park land. This is acceptable since the park land is not utilized during periods of high rainfall when stormwater is being detained. The Parks and Recreation Board has approved this joint use of park land. Park equipment can be allowed in the proposed detention area as long as it does not impede the flow of stormwater. TECHNICAL ISSUES: The following Technical Issue must be addressed prior to City Council consideration of this Concept Plan. If it is not addressed by September 1, 1995, or if the applicant does not concur with a delay to the City Council's consideration of the Concept Plan to allow the Technical Issue to be addressed, the Concept Plan will be forwarded to the Council with a recommendation for denial. These corrections must be made if the staff recommendation is adopted. 1. The proposed location of the park land must be indicated on the Concept Plan. STAFF RECOMMENDATION: Concept Plan - First Charter CP-95-01 / File:1STCHRTR.CCP CM:CS Approval of the Concept Plan for First Charter Subdivision provided the Technical Issue is addressed prior to City Council consideration. August 16, 1995 Page 3 UPDATE: Prior to the Commission meeting, it was discovered that a portion of the 92.93 acres had been sold in 1984. The actual size of the contiguous property is 88.55 acres. The applicant was advised of the revised acreage and notified of the new density allowance. Given the size of the property, 334 single family residential units are permitted rather than 350. The applicant indicated that the 16 lot difference will be reduced from the total amount of residential lots proposed on the property to be retained by the current owner. P & Z ACTION: At its August 1, 1995, meeting, the Planning and Zoning Commission voted 6-0 to approve the Concept Plan for First Charter Subdivision provided the Technical Issue is addressed prior to City Council consideration. Concept Plan - First Charter CP-95-01 / File:1STCHRTR.CCP CM:CS August 16, 1995 Page 4 EXHIBIT A pAVID L. KfILEr •,,• Cw i1+ /627 x.[ 352. TAC •y lam, + / Ta' 7y a. 2049-t5 AC.. 40.69 AG "St 5.70 AC, W � GESO GO (15.20 AC. IS c 24,00 AC S U •• x •• CITY ONLY 333/145 I WILLIAY RpN HAROT �r A]J (2575AC)I + 1j c $73/469 'b ry (606 AU I' 6 (e 60 Ac y.02 Ac I ec ze 24 OO AC �••. I ^!_ �• <'— _ `` CITY ONLY a. ,• I > I N �•06 \ \ S U. / • \ STONCMEOGE P4R TNERS C 339/Sat I pC REV. JONN [�c(p23a9/B6 RTY \ I w 764C1 SYN•0 C1Ti ONLY 697/110 \\ (4851 AC) / 160AC " \ 26 16 AC s (.754 _ CITY C,HLY 5T. HELENS CATHOLIC ;e \ I a1„ CHURCH \ I STONEHEO- \. •• •�.�4.>."71�•.•; .!,•!•.'• •'•••.!. ;!•.! . ;.,! .;!;,•: ;': SAY G\�� •.'�IY� V;►C;':; . ••:;!•:! :�•:;�:;! :;:;�:; �:; :':� :� :; .: BRAOY PETROSKY \ \ • SO/ZOI 1256/ 55 \ \ I ��Q�N 2q'•'••'•••'•''•'••�•'••'•'•'�•'•'••'•'••'•'• 1600AC) N •: Ia SO AC •y0.0 I st 1.5o A N I Y GE — Ae L D E cK Lf r ':�or��i��i4;xi.t.!:::':;!:::::;:::•;.:,:::;:::::�t;�?` g e7I / as \ \. I � 1� / ro SA vapor iO.MAr- /{/ 6 30 / 201 \ \ C•• TY \ . < _ — -i— •,�': `{: .{•!` � ,..`= [•'�'.f•`, <x<,!• •fie j/ \ \ I JAYE9 6 TURNER \ — I c^ '; •�•:!�•,!•', •:•;•:.';�:; :; :; :;!•:; :;� :; :;!•:; : ! • GERALO ECKL EY 10 60 AC \ I > > 634 /386 I a '•o C56 AC .j y',' •• ••• JOF B Nt Y"STER p FE 9 7 WILLIA r, ►,ORSE 9 i ' • I _ '•{{ • [ '1••'•' i L'NoA "CC .647 / e95 10 0 2 A C •.. 1016 AC a C e t 0 tp .0 r'• O / 2 118/ OS2 n a ••o- aLEt 1 1 69 29 AC. N ' o �t - t [: S i , (13365 AC 1 �' N z T91t` I • � z t PT to � ♦ice , •� C I (Th• „'T a /551 LOUIS L. DAVID30M AM COUNTY OF WiLLiaM SpN 2 AC. ? I I.^ 659/444 2]32/1a1 �.• ( 169.03 Ac o 103 5513 AC 61.55 AC 6 i PHEIAH - � VIRGIL POARCH 921 \ I e,6 / 593 AC \ :�. (O 1(L 17 AC REFER 3 2 fti VIRGIL POARCH i P L� 616/593 104 66 AC O _ l 0 I 1 HUTTO- 'EOR ETOWN ROAD J. V OU-:L 1958/255 VALLEY � (IES 455 AC I HCH OEV CO. \ ,IEc 435 AC. 1.00 AC �L 1127 P \vl �o SCALE I• • 00 — L____--- -- -- FR4NKlIN SAVINGS _.. 1599/'70 1 1 ( (P VIAGIL POARCH VIRGIL T•OARCH 105 57 AC O 63666A 40466A / 1 IOa 66 AC 1 1 IOa 664C "17 , p I 107�0AC 175AC 02SAC EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. `DATE`: June 19, 1995 'PROJECT NAME': First Charter Concept Plan 2. 'GIVEN': a:,res of Intensity Level 1 acres of Intensity Level 2 92.93 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 92.93 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 0 0 0 2 0 0 0 3 349,417 100,364 929 4 0 0 0 5 0 0 0 6 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 349,417 Maximum GPD Wastewater Capacity: 100,364 Maximum Trip Ends: 929 5. PERMITTED DEVELOPMENT: (a) POTENTIAL UNITS BY UTILITY LAND USES WATER WASTEWATER Detached SF Large Lot Average Lot Zero Lot Line Attached SF Multifamily Mobile Home Lodging Institutional Church -with day care -w/o day care Medical Office General Office Retail, Mixed Retail, Restaurant Retail, Store Employment Centers Warehouse Mini -Warehouse 302 350 350 538 662 538 1,820 1,018,708 1,134,470 1,878,585 839,944 959,936 537,564 223,985 1,075,129 959,936 6,130,119 87,354,200 ----------------- 347 401 401 574 643 520 1,645 1,090,917 1,209,210 2,007,288 896,111 1,102,905 615,733 209,093 1,140,505 1,102,905 7,168,886 100,364,400 -------------------- TRANSPORTATION I 1,551 I 1,049 I 1,049 I 855 I 409 I 1,097 I 670 I 1,104,994 I 59,724 I 1,290,694 I 287,976 I 364,431 I 56,260 I 81,733 193,524 I 203,081 I 1,548,833 I 3,574,231 ---- ----------------------- I - (b) (c) MAXIMUM PER DEV UNITS I ----------------- I REGS I ----------------- I 302 I I 186 I 350 I 675 I 350 I 900 I 538 I 1,349 409 I 2,697 I 520 I I 670 1,018,708 I I I 59,724 I I I 1,290,694 I I 287,976 I I 364,431 56,260 I I 81,733 I I 193,524 203.081 1,548,833 I I 3,574,231 I ----------------- I ----------------I I (d) DEVELOPMENT ALLOWED/UNIT ------------------------ 186 housing units 350 housing units 350 housing units 538 housing units 409 housing units 520 housing units 670 rooms 1,018.708 square feet 59,724 square feet 1,290,694 square feet 287,976 square feet 364,431 square feet 56,260 square feet 81,733 square feet 193,524 square feet 203,081 square feet 1,548,833 square feet 3,574,231 square feet -------------------------------- STATE HIGHWAY 29 EAST oasn CITr w IEN MN N+ Hti UNE _ IIAPr 5 wEP TR \ \ i . �• 1 E7USt11Y 4V U E _, I ... I. .. .,Eb BE EOMw _ - _ \ ' n hT•pp [ •ro.1. gNAL O.w A NOT n' N ADD F%AS NI NWI1T . uNNE m wvE UE U1405 EASE ENT'- T?'. 2!THACK , i E I N — a /so62 COS NE i LO S. Lo IT4�P i �QP I r— - _ _ \` _ r i I Io aEOEWON PAREA o to DEsTn ; I {.•�t� T 6 MON I a \ I I ;1 \ M ENE "T I . I DETEI�ITII, I ON AREA VbL n NRTO BBEE�DCTTEEw�.uNEo .- - N Ent ,H (tM� OE HA..MEM I CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OF A PUBLIC MEETING e r! , i O �ft'lS- r Notice is hereby given that the City of Georgetown will hold its gular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the lst day of August , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Concept Plan of 92.93 acres in the Williams Addison Survey, to be known as First Charter, located on State Highway 29 East As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date:07/17/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Concept Plan - First Charter Name of Respondent: Sam H • Brady Address of Respondent: Rt. #3, Box 1-B, Georgetown, Tx. 78626 I am in favor: I object: If you wish to submit written comment, please respond by 07/26/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 (**) I wish to reserve judgement until further information is given. We are concerned, after reviewing the plat, about: (1.) Traffic congestion concentrated at one entrance for 240+ lots; and (2.) water run off from Section One (61 lots) onto the NW Portion of our property. Our property apparently runs the entire length of of the Es t sid of this 92 acre tract to be developed. zs Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consider approval of the Final Plat of the Planned Unit Development of Sun City Georgetown Subdivision, Phase 1, Neighborhoods Five -A and Five-B ITEM SUMMARY: Neighborhood Five -A will have 94 single family lots and Neighborhood Five-B will have 123 single family lots. These final plats are consistent with the approved Concept Plan and Preliminary Plat for Sun City Georgetown and all design and information requirements have been met. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of a Final Plat of the Planned Unit Development of Sun City Georgetown Subdivision, Phase 1, Neighborhoods Five -A and Five-B. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff report and plats. Submitted Bv: Edward J./Barry, AI Division Jf Develom - Director Hildy L. Zngma, AICP t Services Chief Planner FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN SUBDIVISION, PHASE 1, NEIGHBORHOODS FIVE -A AND FIVE-B OWNER/APPLICANT: Mr. Robert L. Eck Del Webb Development Company 203 IH35, Suite 100 Georgetown, Texas 78628 930-5424 FAX 930-6770 AGENT: Mr. Scott A. Smiley, P.E. Turner, Collie & Braden, Inc. 5000 Plaza On The Lake, Suite 150 Austin, Texas 78746 329-5002 FAX 329-0802 REQUEST: Final Plat of the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhoods Five -A and Five-B, as recorded in Volume 2712, Page 103 of the Official Deed Records of Williamson County, Texas. Location: Located on F.M.2338. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: RP, Residential Planned Development. Proposed Use: Neighborhood Five -A contains 94 residential lots and one (1) tract for open space/drainage easement use. Neighborhood Five-B contains 123 residential lots and one (1) tract for open space/drainage easement use. Surrounding Uses North: Sun City, Neighborhood Four, and undeveloped future and Zoning: future Sun City land (RP) South: Sun City, Neighborhoods One and Three (RP) East: Sun City, Neighborhood One, and undeveloped future Sun City land (RP) West: Sun City, Neighborhoods One, Two, and Three (RP) Final Plat - Sun City Gtwn, Phase 1, Neighborhoods 5-A & 5-B August 11, 1995 FP 95-121File:SC-P1N5.FP Page 1 CM:HK Century Plan: The Century Plan -Development Plan designates this location to be Intensity Level 2 by a Plan Amendment approved by City Council on February 14, 1995. The subject plat is consistent with the overall development approved as part of that amendment. Notification: The notification requirements have been completed. HISTORY: A Revised Concept Plan was approved by the City Council on October 259 1994. A Preliminary Plat which includes this tract was approved by City Council on February 28, 1995. A Development Agreement was approved by the City Council on February 14, 1995. The Development Agreement addressed issues such as the commitment of utility capacity, the required public improvements, compliance with the City's development regulations, and the fees to be paid by the Del Webb Corporation. The Agreement makes specific modifications to the design standards in the Subdivision Regulations which apply to this development. These modified design standards include such elements as street design, sidewalk location, setbacks, lot layout, and impervious cover. It was determined to be appropriate to make these modifications specifically for the Sun City Georgetown development because of its size and the fact that it is being developed and built by one developer. These facts ensure a greater level of control and consistency throughout the life of the project than would be possible for the same number of dwelling units built by numerous developers. Given these modifications to the design standards, all Sun City plats will be approved as planned unit developments (PUDs). ANALYSIS: The subject Final Plat is consistent with the approved Preliminary Plat for Sun City Georgetown, Phase 1. All design and information requirements of the Subdivision Regulations have been met. Before Filing Plat: The following items must be addressed before the plat will be recorded: 1. A revised set of deed restrictions should be submitted with the indication that they are consistent with the Development Agreement. 2. The public improvements must be completed or financially secured. 3. Add the cabinet and slide references to the adjacent properties where they are currently blank. STAFF RECOMMENDATION: Approval of the Final Plat of the Planned Unit Development of Sun Final Plat - Sun City Gtwn, Phase 1, Neighborhoods 5-A & 5-B FP 95-12/File:SC-P1N5.FP CM:HK August 11, 1995 Page 2 City Georgetown, Phase 1, Neighborhoods Five -A and Five-B. P & Z ACTION: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of a Final Plat of the Planned Unit Development of Sun City Georgetown Subdivision, Phase 1, Neighborhoods Five -A and Five-B. Final Plat - Sun City Gtwn, Phase 1, Neighborhoods 5-A & 5-B FP 95-12/File:SC-P1N5.FP CM:HK August 11, 1995 Page 3 i, �, ��. ���, , ----- -----1 Q �, � �'. s: ,�I I �� J� CJ i' ,� ct Q i 1Q-233.'3� EXHIBIT B 4— J 1 - �1 •` 199 Y z �4 /Z ?00 195 r� ?Q7 6 193 f / 194 ~ ' 202 / 18 �!i'ryf 03 SUN CITY13 GF'URGLTOIfAi 797 1 79Q 7 _ - B9 FOUR lg8 CA Hl NLT 731 76� SLIDE 769 729 Iryi <i 76.3 760 159 764 156 765 co 1?q 15j z S 1,56 155 1 496 i z•.Sez.7� � � �8,r `\ �� 73� s`.95. 3\ AC <iwsr 2.p� 735 747 F 142 lyq �y 1NAC7 1 3 744 V/,'/G/fH0/-l/IOOD 0.A,1. SUN CITY GEORGETOWN NEIGHBORHOOD 5-A � F) Y, 61 / /o r" A,.y...!,.. SL;N CITY Gf,0RGFTOPf'N \ LIGIIH0RH00D O:VF CA11lNLl' I,IDF If C. P R. x 0 2 SCALE.- 1" =20C x .z.�z5zy Q) 27 1 13 TO. . . . . . . . . . . . . . . . . . . . . . 12 2.6 55 A02- cy ly %oil \C3 5s 15 g-7 ,0 96 40 42 122 %Oro 22 bs go 95 91 - \ 1 q2 94 93 \ 21 '74 ` ZO -A -70 1 41 '5 -7 ra IJ 19 69 45 150 Is 19 68 60 49 -- 6. 17 61 5 6 50 rob !'I C I L U.-1;A' 63 63 V 129 64 1:10 161 SCALE: 1"=200' SUN CITY GEORGETOWN NEIGHBORHOOD 5-B M Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET T SUBJECT: Consider approval of a Concept Plan of Churchill Farms, a 56.99 acre tract in the William Addison Survey, located on SH29 East ITEM SUMMARY: The subject Concept Plan proposes a primarily single family residential development, with two (2) commercial lots on the corners of SH29 and the Inner Loop Road. This is a significant change from the concept plan that was reviewed and accepted in 1984, which proposed 28 acres of commercial and the remainder high density and low density multifamily development for the same area. Annexation of the subject property was effective on August 9, 1995. SPECIAL CONSIDERATIONS: The subject Concept Plan provides significantly more detail that is required by the regulations. Given the additional detail several issues can be identified that will not conform to the design standards when a preliminary plat is submitted. The Planning and Zoning Commission indicated a willingness to support variances for these issues. Subsequently, however, the City Attorney has indicated that this was not appropriate because variances were not requested and are not typically considered at the concept plan stage. FINANCIAL IMPACT: None. COMMENTS: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the Concept Plan for Churchill Farms Subdivision, including an acknowledgement of a willingness to support the variances described in this report, and provided a metes and bounds description of the Inner Loop Road is submitted prior to City Council consideration. RECOMMENDED MOTION: If this item is approved by the City Council, it should not include the statement regarding a willingness to support the variances described in the report. ATTACHMENTS: Staff report and Concept Plan. Submitted By: Edward arr , AICP - irector Divisio of Developme t Services �L�r-'"OL Hildy L. I ngma, AICP Chief Planner CONCEPT PLAN OF CHURCHILL FARMS, A 56.99 ACRE TRACT IN THE WILLIAM ADDISON SURVEY, LOCATED ON STATE HIGHWAY 29 EAST O WNER/APPLICANT: Mr. Robert Wunsch Stonehedge Partners 30444 Berry Creek Drive Georgetown, Texas 78628 930-9995 AGENT: Mr. Charles Wirtanen, P.E. CWC 30444 Berry Creek Drive Georgetown, Texas 78628 930-9995 REQUEST: Concept Plan of Churchill Farms, a 56.99 acre tract in the William Addison Survey as recorded in Volume 2349, Page 88 of the Official Deed Records of Williamson County, Texas. Location: Located on State Highway 29 East. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: This property is being annexed into the City limits and a requested rezoning is in progress from A, Agricultural to RS, Residential Single Family and C-1, Local Commercial. Proposed Use: Single family residential and commercial. Surrounding Uses North: Single family residences (out of City) and Zoning: South: Williamson County Unified Facility and Stonehedge Subdivision (aka Churchill Farms) (out of City) East: Indian Creek Subdivision (out of City) West: St. Helen's Catholic Church and undeveloped land (out of City) Century Plan: The Century Plan Development Plan designates the single family portion of this development as Intensity Levels 3 and 5. The commercial portion of this development is designated as Intensity Level 5. The proposed development can be accommodated Concept Plan - Churchill Farms August 11, 1995 Project # CP-94-10 / File:CHURCHIL.CCP Page 1 within these assigned intensities. The County has requested that the Inner Loop Road be dedicated to the public as soon as possible. Therefore, this may have to occur as a separate dedication instrument, rather than as part of the Churchill Farms platting process. If this occurs, the applicant has requested, and it seems reasonable to allow, that the area within the right-of-way be credited to the subdivision for intensity calculations when the property is platted. SEE EXHIBITS B and B-1 Notification: The notification requirements have been completed. HISTORY: A Concept Plan for the Stonehedge Subdivision was reviewed and accepted by the City in May 1984. SEE EXHIBIT C The City Council approved final plats for Sections One and Two on September 10, 1985, and they were recorded in February 1986. The final plat for Section Three was approved by City Council on February 11, 1986, and recorded in that same month. Sections One and Two are single family residential subdivisions that have a significant amount of development ongoing at this time. Section Three was approved for multifamily development. Except for the installation of public improvements, and the development of a swimming pool and community room, there has been no development in Section Three to date. However, a detailed development plan and building permit for a 112 unit apartment complex have been approved for Section Three, Block J, Lot 31. This lot is located south of Stonehedge Boulevard, outside the limits of the subject Concept Plan. The City has initiated annexation of the subject area, as well as Stonehedge Subdivision, Sections One, Two, and Three. The required public hearings have already occurred and the second reading of the ordinance occurred on July 25, 1995. The annexation will be complete by the middle of August. Also, rezoning of the subject property has been initiated that is consistent with the subject Concept Plan. At its June 6, 1995, meeting, the Planning and Zoning Commission recommended approval of the rezoning from A, Agricultural to RS, Residential Single Family for all the residential areas shown on the Concept Plan, and to C-1, Local Commercial for the two (2) commercial lots. This recommendation included the provision that the second reading of the rezoning ordinance be withheld until a concept plan consistent with the rezoning is approved. By request of the applicant, the first reading of this rezoning has been delayed twice. At this time, it is expected to be considered by the City Council at one of Concept Plan - Churchill Farms August 11, 1995 Project # CP-94-10 / File:CHURCHIL.CCP Page 2 its August meetings. The subject Concept Plan is consistent with the rezoning. It is likely that the rezoning will have to be repeated at the time of final plat submittal in order to ensure that the zoning districts are clearly tied to specific properties. ANALYSIS: The subject Concept Plan includes a portion of the platted Section Three, as well as all of the originally proposed future phases of the Stonehedge Subdivision. It proposes a significant change from the concept plan that was reviewed for this area in 1984. The new Concept Plan has only 4.87 acres of commercial land included, and the remainder is single family development. SEE EXHIBIT D By contrast, the previous concept plan proposed 28 acres of commercial and the remainder high density and low density multifamily development for the same area. Concept plan review addresses land use, street layout, phasing of development, and utility service. Approval of a concept plan constitutes acceptance of these four (4) major areas so more detailed planning and engineering can occur in preparation of a preliminary plat. The subject Concept Plan conforms to the information requirements of the Subdivision Regulations, and actually provides significantly more information than is typically required for a concept plan. As a result, it is possible to conduct a more in-depth review of the proposed subdivision design. There are two (2) elements of the design of this proposed subdivision identified at this time that do not conform to the design standards of the Subdivision Regulations. While variances are not considered at the concept plan stage of approval, the overall layout of the subdivision is under consideration. Therefore, the Commission and Council should consider whether the proposed design will merit a variance when preliminary plats are considered for the impacted sections of the development. Section 34010 C. requires that blocks along arterial streets be a minimum of 1,300 feet in length. The block between the Inner Loop Road and Reinhardt Boulevard is 880 feet long. The streets are existing, however, and so cannot be altered at this time. The proposed street layout in the area west of the Inner Loop Road also will not conform to this provision along both SH29 and the Inner Loop Road. The block west of the Inner Loop Road on SH29 is 800 feet long, the north block on the Inner Loop Road is 780 feet long, and the south block is 965 feet long. The applicant has stated that the street that intersects with SH29 west of the Inner Loop Road has been moved as far to the west as possible, but due to the church property to the west Concept Plan - Churchill Farms August 11, 1995 Project # CP-94-10 / File: CHURCHIL.CCP Page 3 it cannot be moved far enough to create the required 1,300 foot block length. They ask that the proposed design be approved to provide better circulation. The blocks along the Inner Loop Road have been designed to create four-way intersections with the existing roads on the east side of the arterial, thereby avoiding off -set intersections that could be more hazardous. The lots west of the Inner Loop Road between Stonehedge Boulevard and Churchill Farms Drive exceed the lot depth -to -width ratio of 2.5:1 established by Section 34020 B. These lots are designed in this manner because 65 feet of their back yards are included in an electric easement held by Texas Utilities. Making _the lots deeper than usual provides them with a more typical lot size outside the easement. These lots, and all other lots with double frontage on a local and arterial street, will only be able to take access from the local street. As noted above, the Inner Loop Road has not yet been dedicated to the public. The City's service plan for annexation of this area commits to taking over maintenance of the streets in this area. Therefore, at the time this property is annexed into the Georgetown City limits, the Inner Loop Road will need to be public right-of-way. The applicant must, therefore, submit a metes and bounds description of the road so the Legal Department can prepare a separate dedication instrument for it. The location of the Texas Utilities electric easement creates a concern for the Community Owned Utilities Division. This 100 foot easement overlaps 35 feet into the 120 foot right-of-way provided for the Inner Loop Road. Given the existence of the platted and developed Section Two, it is virtually impossible to shift the right-of-way to the east in that location. The applicant has noted that the road is currently constructed with a 40 foot wide asphalt pavement that is not included in the easement. Their request that Texas Utilities release the 35 feet of easement that encroaches into the right-of-way has been denied. Given that, the COU Division has requested that, at a minimum, the Inner Loop Road right-of-way should be free of any non -Texas Utilities, man- made, above ground obstructions. The Parks and Recreation Board and the Director of the Division of Parks and Recreation have reviewed this Concept Plan and agreed with the applicant's request that the fees -in -lieu of park land dedication be park, rather than the dedication of land. Such fees will be paid at the time a final plat is recorded. If the applicant elects, in the future, to Concept Plan - Churchill Farms August 11, 1995 Project # CP-94-10 / File: CHURCH IL.CCP Page 4 dedicate park land, it will be reviewed by both the Parks and Recreation Board and the Planning and Zoning Commission for recommendations regarding the appropriateness of the proposed dedication. The applicant has indicated that they currently have a license agreement with Williamson County to allow the development and/or the homeowner's association to plant and maintain landscaping within the public rights -of -way. They would like this license to be continued by the City. In order to accomplish this, the applicant should submit an application for a License to Encroach that will be considered by the City Council. Other features of the subject Concept Plan which will be examined in more detail when preliminary plats are considered, include: 1. The requirement for sidewalks on both sides of major arterials and one (1) side of collectors. This results in sidewalks on the south side of SH29, both sides of the Inner Loop Road, and one (1) side of Reinhardt Boulevard. 2. A Type E bufferyard will be required along the back of the single family lots that are adjacent to SH29 and the Inner Loop Road. 3. The Concept Plan shows an existing 25 foot wide access easement along the western property boundary. This easement provides access to the properties west of Churchill Farms. The applicant intends to seek to have this easement abandoned when this section of the subdivision is developed and a street is built that will provide the necessary access. The COU Division has noted that a 20 foot public utility easement will be required on that west property line, to be shown on a preliminary plat for the area. STAFF RECOMMENDATION: Approval of the Concept Plan for Churchill Farms Subdivision, including an acknowledgement of a willingness to support the variances described in this report, and provided a metes and bounds description of the Inner Loop Road is submitted prior to City Council consideration. P & Z ACTION: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the Concept Plan for Churchill Farms Subdivision, including an acknowledgement of a willingness to support the variances described in this report, and provided a metes and bounds description of the Inner Loop Road is submitted prior to City Council consideration. Concept Plan - Churchill Farms August 11, 1995 Project 11 CP-94-10 / File:CHURCHIL.CCP Page 5 EXHIBIT A CHURCHILL FARMS • 2239/095 :c �~� �<< f \ 364/267 579/491 00 v';t! — ` \ 99.00 AC. �. DAVID L. KELLEY \ \ • y >�� }� �� 1935 /627 (332-569 AC.) \ \ •�. 204.943 AC.. 4069 AC. \\ \ t 3.70 AC. >+ tt � \ \ 24 AC J tot]• �•y� r \ \ CITY Ot1LY • �� 1- J. \ \ •1 L.aU�r .n.OT � a.717 .c. .1°. • GE r r� (15.20 AC.) 3 X 3 3 A I 2 .a• �, 24.00 AC. �at� •° - ; s ( WILl1AM R£NHAROT CITY ONLY Vfn rJ R IQ _ I • 0573/469 (6 0-6 ACJ:.:�D •;;:::;;;;:::::::::::0 ......................•.•.•.•.•.•.•.•.•.•.•.•.•.•.• .::::::::::::::::. I 2 7 a02 AG I AC .;.:.:.:.;.;.;.; �::....::':::::: c5 .;.;.;..... ': 7.8 Ac....................................... . E n 2 �............................•...•.•..........;.• ,per .;.;..•... � .. a' 3 118 IT .. a • :=:: i99 r n 7 3 ' '::':: .... _ 5 REV. JOHN Mc Si?1NEttEO(iE:PILE(TId�I;S:: LV� CARTY 6 7 8 J 697 / 110 \ .:::: :. .. 6 i'48: ':::::::�;:;:;:::;:::1::::::: P 5 6 ST. HELENS CATHOLIC.'': :::::::.:......... 2 3 CHURCH •a ., ...- .- .• .- .. �. �. •. •. •. •.•..•.•.•.•.•.•.•.• •.�.- � � I 12 '¢ 15.60 �•':;: ::=:; :'::� STONEHEDGE 31 / 13 • :.:. �. ::::•:::: := 11.66AC...j SCHNEIOER ti 445/532 PETROSKY 067 AC) 1256/ 55 \ • 9.72 AC. ': :. .� ((5 93 AC) 5 77 AG) _ a a s•.c ••:;.•:.•, ,owe rutty . .-.•.•. 7 , 1 tZ Y3 StYvcr ZO`0 30 1 1IF 01C. 0656/37• ._.... za t� za t7 2e t P a 1•aa/7az t3 t. 1 76 .c. A T z t N •. •. •. . . . . . a a 10 21 6 T 'r•.s• 21 � I I c e T 1e 1f o 11 t o a fto t II S a a 10 14 IT 7 GERALD ECKLEY � \ ::;•:; ;': :'::�2 Is atT / { 3 IS le a 3 10 , 112 to 13 a It 11 1O f 6 e a SA BRADY j 10.33 AC f t 1a 17 S m 11 I• a ._': e t 11 t 13 1 l V 14 630/201 0. I It 13 16AC. t•°?d \ CHURCHILL FARMS DRIVE f 14 4 I to 1 23 t3 I 14 1 14 13 12 a 7 1. t t 3 (� f 2-11 '2N 1 to I t a - \ \ 3 1 3 3 a 3 : 7 121 Ia o JAMES 8 TURNER '''' a to a It a to = a 13 Fa GERALO ECKLEY ► 10a a 1f Z a a . 60 A C. 3 z w to rs I a I t r a 13 12 to 634 /366 • ` • t1 10 n a le IT a cr l0 11 IQ36 AC. T Z 1 e Y T I T .n...,r,t T 10 T 6 a s i I f3" I a f 19 ( 17 le la la • f 1 t o. f y ie . 1s 11 to f � `e�•• •a0 }� JOE B.McMASTER 10 14 • le 10 14 13 IL a T 10 1831/934 It n 11 -� 1. 13 a Y �O (10.1 6 AC) I I I _ 11 1 6 1 12 0E\-1' i 2 3 9.13 AC, 14 It r� i2 Ia 12 1j Ie 17 t- ---A la 13 13 la 14 WILLIAM MORSE 1t 12 13 I 10 '- z 6 f • LINOA VICE o 647 / 885 L • S 1 3 1002 AC to c 1016 AC . EMORY CA91-SON w0 Q1 U 345/495 156 5 AG v A � 01 b < •tO' W ,Sat L• _ t _ 1 O ;.. C) 2 EXHI13IT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 'DATE': December 15, 1994 ' `PROJECT NAME`: Churchill Farms Concept Plan Single Family Lots - 52.12 acres 2. 'GIVEN`: acres of Intensity Level 1 acres of Intensity Level 2 17.20 acres of Intensity Level 3 acres of Intensity Level 4 34.92 acres of Intensity Level 5 acres of Intensity Level 6 52.12 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 0 0 0 2 0 0 0 3 64,672 18,576 172 4 0 0 0 5 382,723 111,744 6,111 6 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 447,395 Maximum GPD Wastewater Capacity: 130,320 Maximum Trip Ends: 6,283 5. PERMITTED DEVELOPMENT: (a) (b) (c) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV LAND USES WATER WASTEWATERTRANSPORTATIO UNITS REGS Detached SF Large Lot 387 451 Average Lot 448 521 Zero Lot Line 448 521 • attached SF 688 745 Multifamily 847 835 Mobile Home 688 675 Lodging 2,330 2,136 Institutional 1,304,359 1,416,522 Church -with day care 1,452,582 1,570,120 -w/o day care 2,405,351 2,606,400 Medical Office 1,075,469 1,163,571 General Office 1,229,108 1,432.088 Retail, Mixed 688,300 799,509 Retail, Restaurant 286,792 271,500 Retail, Store 1,376,601 1,480,909 Employment Centers 1,229,108 1,432,088 Warehouse 7,849,039 9,308,571 Mini -Warehouse 111,848,800 130,320,000 (d) DEVELOPMENT ALLOWED/UNIT 10,489 387 104 104 housing units 7,091 448 378 378 housing units 7,091 448 505 448 housing units 5,780 688 757 688 housing units 2,767 835 1,509 835 housing units 7,418 675 675 housing units 4,533 2136 2,136 rooms 7,470,868 1,304,359 1,304,359 square feet 403,792 403,792 403,792 square feet 8,726,389 2,405,351 2,405,351 square feet 1,947,010 1,075,469 1,075,469 square feet 2,463,922 1,229,108 1,229,108 square feet 380,373 380,373 380,373 square feet 552,595 271,500 271,500 square feet 1,308,413 1,308,413 1,308,413 square feet 1,373,033 1,229.108 1,229,108 square feet 10.471,667 7,849,039 7,849,039 square feet 24,165,385 24,165,385 24,165,385 square feet EXHIBIT B-1 DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE": December 15, 1994 `PROJECT NAME`: Churchill Farms Concept Plan Commercial Lots - 4.87 acres 2. 'GIVEN': acres of Intensity Level 1 acres of Intensity Level 2 acres of Intensity Level 3 acres of Intensity Level 4 4.87 acres of Intensity Level 5 acres of Intensity Level 6 4.87 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 0 0 0 2 0 0 0 3 0 0 0 4 0 0 0 5 53,375 15,584 852 6 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 53,375 Maximum GPD Wastewater Capacity: 15,584 Maximum Trip Ends: 852 5. PERMITTED DEVELOPMENT: (a) (b) (c) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV LAND USES WATER WASTEWATERTRANSPORTATIO UNITS REGS Detached SF Large Lot 46 Average Lot 53 Zero Lot Line 53 Attached SF 82 Multifamily 101 Mobile Home 82 Lodging 278 Institutional 155,613 Church -with day care 173,296 -w/o day care 286,963 Medical Office 128,306 General Office 146,635 Retail, Mixed 82,116 Retail, Restaurant 34,215 Retail, Store 164,231 Employment Centers 146,635 Warehouse 936,407 Mini -Warehouse -------- ---- ---------------------------------------- 13,343,800 -------------------------- (d) DEVELOPMENT ALLOWED/UNIT 54 1,423 46 10 10 housing units 62 962 53 35 35 housing units 62 962 53 47 47 housing units 89 784 82 71 82 housing units 100 375 100 137 100 housing units 81 1,006 81 81 housing units 255 615 255 255 rooms 169,391 1,013,377 155,613 155,613 square feet 187,759 54,772 54,772 54,772 square feet 311,680 1,183,681 286,963 286,963 square feet 139,143 264.100 128,306 128,306 square feet 171,253 334,216 146,635 146,635 square feet 95,607 51,595 51,595 51,595 square feet 32,467 74,956 32,467 32,467 square feet 177,091 177,478 164,231 164,231 square feet 171,253 186,243 146,635 146,635 square feet 1,113,143 1,420,417 936,407 936,407 square feet 15,584,000 3,277,885 3,277,885 3,277,885 square feet N P. N ,' gL—LrC— vROopiEp 12 - ... i / / .m j. STONEHEDGEDEVELOP ENT PROPOSED LAND USES Y61scree COKMMC I Al. I)•90 16L I �``\ / • MULTI - FAM I I.Y xt�� --o t . 1 '911 0 scree .. �;nq uninq te 8' FURCE MAIN HIGH DENSITY 1 6 To SMITH BRANCH LOW DENSITY f 1, d./ c :NTERCEPTOA J, SI"GLK rAKIIJ HISIO1NTIAL(j./.c -FAMII. SECTION ONE 0 1.6 51,90 109 I'vi.9 —It. ,`MULTJ/FAP141'LY MULTI' H I'qM D TY L w ..DE STOOMWATtR DETENTION AMEAecrea 4,00 I Q TOTALS. 162.46 scree 1198 living unit. MULTI FAMILY HIGH DENSITY. o AVEA OuT,_(I sIpucT'JpE 9ULTI - FA41LY 5" LOW DE ITY SrOACAC" A 8 68 SIORMwATER DETENTION c a) L Lof"c j MAP DeAL — --------- AREA T t A- ------- T .\�'. ' rA M,­ -Mk _ LOW DENSITY r LemE14D TONEHEDGL moo 14, it, STIONEHEDGE 162.457 ACRE TRACT A MULTI —USE LAND DEVELOPMENT GEORGETOWN , TEXAS EXHIBIT D .CHURCHILL FARMS (-ON(F.11 JAL--'.JNI.lAr%Y SH 29 -------- '27 r7rr' — — — — — — — — — — — — — - T 10MMEMIAL It t 00, -T a - Li r T I,t,([7.,0TY CENTI V D nvv4L1Kc tern c' -D -- — --- --- --- --- --- --- �D MACH UE L---- — ------ - 7 If I ob 'A If I ! If 141 MAMH LlqE CONCEPT PLAN I It PROPERTY OWNER'S COMMENTS Project Name: Concept Plan and Preliminary Plat - Churchill Farms Name of Respondent: S J Address of Respondent: - J c C4-ice Lei v I am in favor: /� I object: If you wish to submit written comment, please respond by 07/26/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown E � F (� �,/7 Development Services Div2iy11 P. O. Box 409 Georgetown, Texas 78627 Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Short Form Final Plat of a Resubdivision of Berry Creek, Section Five, Block D, Lot 4. ITEM SUMMARY: The proposal is to create one (1) lot from an existing twelve (12) acre property. The proposed lot is four (4) acres of the former Lot 4 of Berry Creek, Section Five and conforms to all design standards of the Subdivision Regulations. The nearest existing water and wastewater lines are within one-half (1/2) mile of the proposed lot. Therefore, the Subdivision Regulations require their extension to the lot. It may be proper to enter into a development agreement with the developer to defer the provision of the public improvements until the property between the existing facilities and this proposed subdivision is developed. In the meantime, the applicant may be able to provide the needed water service by using an on -site well or temporarily connecting to another public water system. Wastewater service may be provided by an on -site septic system. All non -single family detached residential subdivisions are required to satisfy the State fire flow standards. Should the developer choose to temporarily connect to existing facilities of a public utility other than the City, that utility company shall have an agreement with the City related to this project prior to the recordation of the plat. The City will hold the recordation of the subject plat until the completed building is inspected to ensure that the improvements necessary to provide adequate fire flow are installed, or the owner may submit an architect's/engineer's certification that these improvements have been installed. If the applicant does not connect to the City's utilities at this time, the development agreement described above must also be completed prior to recordation of the plat. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At its August 1, 1995, meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of a Short Form Final Plat of a Resubdivision of Berry Creek Subdivision, Section Five, Block D, Lot 4 provided the required fire flows are met. RECOMMENDED MOTION: If this item is approved by the City Council; it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff report and plat Submitted Bv. — zz&e7e�� Edward . Barry, AICP Director Divisi of Developm t Services Hildy L. kingma, AIdP Chief Planner SHORT FORM FINAL PLAT OF A RESUBDIVISION OF BERRY CREEK SUBDIVISION, SECTION FIVE, BLOCK D, LOT 4, LOCATED ON SH195 OI VNER/APPLICANT: Mr. Robert D. Wunsch Doublecreek, Ltd. 30444 Berry Creek Drive Georgetown, Texas 78628 930-9995 AGENT: Mr. Charles Wirtanen Charles Wirtanen, PE, Inc. 30444 Berry Creek Drive Georgetown, Texas 78628 930-9995 REQUEST: Short Form Final Plat of a resubdivision of Berry Creek, Section Five, Block D, Lot 4, as recorded in Cabinet H, Slides 377-381 of the Official Plat Records of Williamson County, Texas. FACTS: Location: State Highway 195. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: Located outside of the City so zoning does not apply. Proposed Use: Commercial - Office. Surrounding Uses and Zoning: All Sides: Undeveloped land (out of City) Century Plan: The Century Plan -Development Plan designates this parcel to be Intensity Level 3. SEE EXHIBIT B Short Form Final Plat - Berry Creek, Section Five August 16, 1995 FP-95-15 /File:BC-5.FP Page 1 CM:CS Notification: Notification requirements have been completed. HISTORYi In 1985 a Concept Plan of the entire Berry Creek development, including this site, was compiled by the owners. Because the area was not inside the City's ETJ, the plan was not submitted to the City for review. A Final Plat of Berry Creek, Section Five, was recorded in the Williamson County Plat Records on October 27, 1986, prior to it being in the City's jurisdiction. Since there has been no substantial investment in public improvements prior to December 31, 1989, the plat of Berry Creek, Section Five, currently recorded in the County Clerk's office is no longer valid, as defined by the City. The County, however, has no such provision for invalidating recorded plats. Therefore, this plat is being considered as a resubdivision for County recording purposes. ANALYSIS: The proposal is to create one (1) lot from an existing twelve (12) acre property. SEE EXHIBIT C The proposed lot is four (4) acres of the former Lot 4 of Berry Creek, Section Five and conforms to all design standards of the Subdivision Regulations. Berry Creek, Section Five has been sold to two (2) different entities. The owner of the 12 acre property in question also owns another lot south of St. Andrews Drive. The remainder of Section Five is owned by someone else. The nearest existing water and wastewater lines are within one- half (1/2) mile of the proposed lot. Therefore, the Subdivision Regulations require their extension to the lot. Most of the area between the existing facilities and the proposed lot is undeveloped at this time, and providing water and wastewater lines over the entire distance may be too much of a burden to place on this developer, given the relatively small size of the proposed subdivision. It may be proper to enter into a development agreement with the developer to defer the provision of the public improvements until the property between the existing facilities and this proposed subdivision is developed. In the meantime, the applicant may be able to provide the needed Shod Form Final Plat - Berry Creek, Section Five FP-95-15 /File:BC-S.FP CM:CS August 16, 1995 Page 2 water service by using an on -site well or temporarily connecting to another public water system. Wastewater service may be provided by an on -site septic system. Regardless of the extension of the public water system, all non - single family detached residential subdivisions are required to satisfy the State fire flow standards. The proposed use of this lot is commercial high impact. Such a use requires 1,500 gallons per minute according to the State fire flow standards. The City has made several suggestions of ways in which the fire flow requirements may be achieved using a well system. They are to provide a tank and a pump to achieve up to 1,500 gallons per minute or provide a sprinkler system. The applicant has not yet submitted a proposed method of providing the required fire flow. Should the developer choose to temporarily connect to existing facilities of a public utility other than the City, that utility company shall have an agreement with the City related to this project prior to the recordation of the plat. The construction of the facilities to provide adequate fire flow cannot be deferred at this time and made a condition of the approval of the DDP since a DDP is not required for this site. Being that the site does not require any City permits it is not subject to the DDP regulations. The City will hold the recordation of the subject plat until the completed building is inspected to ensure that the improvements necessary to provide adequate fire flow are installed, or the owner may submit an architect's/engineer's certification that these improvements have been installed. PRIOR TO RECORDATION: 1. The City will hold the recordation of the subject plat until the completed building is inspected to ensure that the improvements necessary to provide adequate fire flow are installed, or the owner may submit an architect's/engineer's certification that these improvements have been installed. Short Form Final Plat - Berry Creek, Section Five FP-95-15 /File:BC-S.FP CM:CS August 16, 1995 Page 3 STAFF RECOMMENDATION: Approval of a Short Form Final Plat of a Resubdivision of Berry Creek, Section Five, Block D, Lot 4 provided the required fire flows are met. P&Z ACTION: At its August 1, 1995, meeting, the Planning and Zoning Commission voted 6-0 to approve a Short Form Final Plat of a Resubdivision of Berry Creek Subdivision, Section Five, Block D, Lot 4 provided the required fire flows are met. Short Form Final Plat - Berry Creek, Section Five FP-95-15 /File:BC-S.FP CM:CS August 16, 1995 Page 4 EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': July 13, 1995 *PROJECT NAME': Berry Creek Section Five Resubdivision of Lot 4, Block D 2. 'GIVEN`: acres of Intensity Level 1 acres of Intensity Level 2 4.00 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 4.00 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 0 0 0 2 0 0 0 3 15,040 4,320 40 4 0 0 0 5 0 0 0 6 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 15,040 Maximum GPD Wastewater Capacity: 4,320 Maximum Trip Ends: 40 5. PERMITTED DEVELOPMENT: (a) POTENTIAL UNITS BY UTILITY LAND USES WATER WASTEWATER -_-- TRANSPORTATION --------------- ------------------- (b) MAXIMUM UNITS ----------------------- --__-____-----_ Detached SF _ -_-_ Large Lot 13 15 67 1 Average Lot 15 17 45 1 Zero Lot Line 15 17 45 1 ` Attached SF 23 25 37 2": Multifamily 28 28 181 1 E Mobile Home 23 22 47 1 2� Lodging 78 71 29 2E Institutional 43,848 46,957 47,562 43,84E Church -with day care 48,831 52,048 2,571 2,571 -w/o day care 80,860 86,400 55,556 55,55E Medical Office 36,154 38,571 12,395 12,39: General Office 41,319 47,473 15,686 15,68E Retail, Mixed 23,138 26,503 2,422 2,42,- Retail, Restaurant 9,641 9,000 3,518 3,51 E Retail, Store 46,277 49,091 8,330 8,33( Employment Centers 41,319 47,473 8,741 8,74' Warehouse 263,860 308,571 66,667 66,661 Mini -Warehouse -_--------- --- - 3,760,000 -------- 4,320,000 153,846 ---------------- ------ ------------------- 153,84( (c) (d) PER DEV DEVELOPMENT REGS -------- ------- ------------ ALLOWED/UNIT ------ ---------- ---- --- 8 8 housing units 29 15 housing units 39 15 housing units 58 23 housing units 114 18 housing units 22 housing units 29 rooms 43,848 square feet 2,571 square feet 55,556 square feet 12,395 square feet 15,686 square feet 2,422 square feet 3,518 square feet 8,330 square feet 8,741 square feet 66,667 square feet ------------------------- 153,846 square feet --- ---- ------- EXHIBIT C (ADO R.p .w p 1.54 19 2f �• •p4'1� • S32f o 36, � \ 4,13„ E 198• o S32.0 -10 o I � to 1 I� &j ) 1 ------ 20' B.L. N18.17'27"W N18.17'27'W 331.03 426.48, Council meeting _ August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT. Consider approval of a Detailed Development Plan of a 0.81 acre tract in the Antonio Flores Survey, to be known as Lot 2, RCL Subdivision, and requested variances to the Subdivision Regulations ITEM SUMMARY: The short form final plat for the RCL Subdivision was approved by the City Council at their regular meeting of July 25, 1995. This detailed development plan proposes a new commercial building to provide a new facility for Town Square Floors. The following four (4) variances were requested: 1) to Table 33030-A to allow a four (4) foot sidewalk instead of the required six (6) foot sidewalk. Staff recommended a reduction to five (5) feet in order to maintain the minimum requirements of the Americans with Disabilities Act. 2) To Table 33052 to allow parking .spaces to meet only the needs of the retail space. The seven (7) spaces required for the warehouse are not being provided at this time. 3) To Section 33051 A. to allow a small portion of two (2) parking spaces to encroach into the front yard setback on Old Airport Road, and 4) to Section 37030 F. to allow a narrower buffer strip between the parking lot and the streets on both Old Airport Road and Austin Avenue. Additional plantings will be provided in these bufferyards. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At the regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the DDP for the proposed Lot 2, RCL Subdivision provided the Technical Issues are addressed prior to City Council consideration, and approval of the variances to Table 33030-A, but to require a five (5) foot wide sidewalk rather than the four (4) foot sidewalk requested; to Table 33052 to allow 23 parking spaces provided no expansion of the retail space occurs; to Section 33051 A. to allow two (2) parking spaces to encroach as proposed; and the Section 37030 F. to allow the proposed bufferyard, after making the required findings of fact. The attached DDP reflects .the revisions required by the Technical Issues. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff report and DDP. �, e4,� Edwar . Barry,XICP - Director Hildy L. 'ngma, AIC Divisi of Devel pment Services Chief Planner DETAILED DEVELOPMENT PLAN OF A 0.81 ACRE TRACT IN THE ANTONIO FLORES SURVEY, TO BE KNOWN AS LOT 2, RCL SUBDIVISION; AND REQUESTED VARIANCES TO THE SUBDIVISION REGULATIONS OWNER/APPLICANT: Mr. Ray Bizzell 2102 North Austin Avenue Georgetown, Texas 78626 512/863-2867 AGENT: Mr. Don Bizzell, P.E. Steger & Bizzell Engineering, Inc. P.O. Box 858 Georgetown, Texas 78627 863-4521 FAX: 863-4523 REQUEST: Detailed Development Plan of a 0.81 acre tract in the Antonio Flores Survey, to be known as Lot 2, RCL Subdivision, as recorded in Volume 1698, Page 832 of the Official Deed Records of Williamson County, Texas; and requested variances to the Subdivision Regulations. FACTS: Location: Located at 2100 North Austin Avenue. SEE EXHIBIT A Existing Site: Undeveloped. Existing Zoning: The zoning is C-2A, Commercial First Height with a Detailed Development Plan required upon new construction, expansion of existing facility or land use change. Proposed Use: A new, expanded facility for Town Square Floors, currently located on the lot north of the subject site. Surrounding Uses and Zoning: North: Town Square Floors(C-2A) South: Eagle's Nest School (C-2A) East: Georgetown High School (RS) West: Unplatted land (RS) Detailed Development Plan - RCL Subdivision DD 95-06/File: RCL.FP CM:CS August 11, 1995 Page 1 Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 5. The proposed development can be accommodated on this site. EXHIBIT B Notification: The notification requirements have been completed. HISTORY: On June 8, 1993, the City Council approved a rezoning on this tract from RS, Residential Single Family to C-2A, Commercial First Height with a Detailed Development Plan requirement. The Planning and Zoning Commission approved a Short Form Final Plat of the RCL Subdivision on July 6, 1995, and it was approved by City Council on July 25, 1995. The final plat approval included a variance to allow the impervious coverage on this lot to be a maximum of 80 percent. ANALYSIS: The subject detailed development plan (DDP) proposes a new commercial building to provide a new facility for Town Square Floors. Four (4) variances are requested to enable this project to be built as proposed. Some technical issues remain to be addressed. Table 33030-A Sidewalks along Arterials This section requires that sidewalks be built along both sides of all arterial level roadways. Sidewalks are typically required to be built at the time a project is constructed, even if no other sidewalks exist in the area. In this manner, sidewalks are built over time to achieve the design standard. In this case, the applicant intends to build the sidewalk, but requests a variance to build a four (4) foot wide sidewalk, instead of the six (6) foot wide sidewalk required of commercial projects. This request is based on the potential interference with the drainage swale within the TxDOT right-of-way of Business 35 (N. Austin Avenue). It is important to avoid any encroachment into that drainage way; however, it may be possible to accomplish that goal by moving all or a portion of the sidewalk onto the private property within an access easement. In some locations along the frontage of Business 35 the entire sidewalk could be accommodated on the property, and in some locations it will have to be built in the right-of-way. This solution has been used in at least two (2) other locations. Further, if the width of the sidewalk is to be reduced, it should be no less than five (5) feet wide. Based on the standards established by the Americans with Disabilities Act, this provides sufficient width for an "accessible route" that allows a person using a wheelchair and another person to use the sidewalk side -by -side. Detailed Development Plan - RCL Subdivision DD 95-061File: RCL.FP CM:CS August 11, 1995 Page 2 Table 33052 Parking Requirements This table establishes the standards for required number of parking spaces based on land use type. The parking requirements are typically calculated on the basis of square footage of each type of land use on a site, if more than one land use type is proposed. In this case, the DDP indicates that a 4,656 square foot building will be built for the showroom, and a 7,183 square foot building will be built for the warehouse. The showroom parking requirements are based on the "general retail and office" parking standard (one space/200 square feet) and the warehouse on one (1) space/1,000 square feet. This results in a total requirement of 30 parking spaces for this site. The DDP shows that 23 parking spaces have been provided, enough to accommodate only the showroom use of the site. This is a use that currently operates on the site directly north of the subject site with far fewer parking spaces. Further, the land available to this lot may be somewhat constrained due to the fact that it has two (2) 25 foot front yard setbacks. Finally, it may be reasonable to consider the provision of parking for both the retail area and the warehouse area a duplication of parking, as submitted by the applicant. However, in that case, approval of this variance should be based on the continued use of the space in the manner proposed. If the retail space is expanded to include the space currently proposed for warehouse space, additional parking should be required. Section 33051 A. Parking in the Front Setback Parking spaces are not allowed to be located within the front 25 foot setback. In this case, a small portion of two (2) parking spaces encroach into the front yard setback on Old Airport Road. Given the small amount of the encroachment and the constrained site, this may be a reasonable variance. Further, given that the applicant has already requested a variance to provide seven (7) fewer parking spaces than required, it would not be prudent to allow these parking spaces to be removed in order to avoid the need for this variance. Section 37030 F. Parking Lot Bufferyard When parking lots are located between a building and the street, a Type D bufferyard is required between the street and the parking lot. This situation is proposed on both N. Austin Avenue and Old Airport Road, thereby necessitating the Type D bufferyard in both locations. The minimum buffer strip for a Type D bufferyard is ten (10) feet, with a fence in addition to the required landscaping. A minimum 20 foot Detailed Development Plan - RCL Subdivision DD 95-06/File: RCL.FP CM:CS August 11, 1995 Page 3 bufferyard is required if no fence is provided, but in that case a berm is required in addition to the landscaping. The applicant proposes to provide bufferyards with only five (5) foot wide buffer strips to shield the parking lots on both streets, but with more plantings than are required per 100 linear feet for even the narrowest standard Type D bufferyard. The most intensive plantings required by the standards are two (2) deciduous shrubs and three (3) evergreens per 100 linear feet of bufferyard, with a ten (10) foot strip and a fence. The applicant's proposal adds five (5) evergreen shrubs per 100 linear feet and one (1) tree per bufferyard. Given the additional plantings, this appears to be a reasonable trade-off, and therefore a reasonable variance request. However, it does not appear that all the proposed plantings have actually been indicated on the DDP. In order to provide the number of plantings proposed, an additional three (3) evergreens should be planted in the area between the parking and Old Airport Road. Variances: After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070.B of the Subdivision Regulations: "In granting approval of a request for variance the Commission shall make findings that: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." Detailed Development Plan - RCL Subdivision DD 95-06/File: RCL.FP CM:CS August 11, 1995 Page 4 Technical Issues: The following Technical Issues must be addressed prior to consideration of this DDP by the City Council. 1. If the variance to Section 37030 F. is approved, add three (3) evergreens to the Type D bufferyard between the parking area and Old Airport Road. Revise the Planting Summary table to indicate that the bufferyard requirements include 11 shrubs and 26 evergreens and update the total number of plantings. 2. Add the following note to the DDP: Water, wastewater and electric service will be provided by the City of Georgetown. 3. Add the following note to the DDP; The contractor shall coordinate all electric service requirements prior to construction through the Electric Superintendent. Although not a DDP requirement, the applicant should be aware that the proposed electric service connections, transformer location, and required load data shall be shown on the construction plans. 4. The City's records do not indicate the existence of a gas line as shown on the DDP. The DDP and the construction plans shall indicate that the contractor will verify in the field whether or not gas lines exist in this area. 5. The dumpster is proposed to be located in the front yard setback. This location does not conform to Section 34020 G.1. which prohibits structures in the front setback. A more suitable location should be identified. 6. If the sidewalk is proposed to be located on the private property, a metes and bounds description of its location should be provided so an access easement can be prepared. Alternatively, the access easement should be added to the plat that has been approved by the Commission and Council. In this case, the Council will be notified of this minor change to the plat when the DDP is presented to them. STAFF RECOMMENDATION: Approval of the DDP for the proposed Lot 2, RCL Subdivision, provided the Technical Issues are addressed prior to City Council consideration, and approval of the variances to Table 33030-A, but to require a five (5) foot wide sidewalk rather than the four (4) foot sidewalk requested; to Table 33052 to allow 23 parking spaces provided no expansion of the retail space occurs; to Section 33051 A. to allow two (2) parking spaces to encroach as proposed; and to Section 37030 F. to allow the proposed bufferyard, after making the required findings of fact. Detailed Development Plan - RCL Subdivision DD 95-06/File: RCL.FP CM:CS August 11, 1995 Page 5 P & Z ACTION: At the regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the DDP for the proposed Lot 2, RCL Subdivision provided the Technical Issues are addressed prior to City Council consideration, and approval of the variances to Table 33030-A, but to require a five (5) foot wide sidewalk rather than the four (4) foot sidewalk requested; to Table 33052 to allow 23 parking spaces provided no expansion of the retail space occurs; to Section 33051 A. to allow two (2) parking spaces to encroach as proposed; and the Section 37030 F. to allow the proposed bufferyard, after making the required findings of fact. Detailed Development Plan - RCL Subdivision DD 95-06/File: RCL.FP CM:CS August 11, 1995 Page 6 EXHIBIT A N 1. St1µMERLi►� A J J E SPRING, T TEES 112Z / 37 ( 13.S3 AG) 8 78AC 4 rAC 0 • 10, o ,I� t C� JAY WOLF t • 457/589 ( 203AC� 36 99 AC t RE E MC L EGO �5\ KINCA Z� � v GOVN CONNOR S 16 TIM 1. wR1GHT,TR5T. 1598 / 732 / 8 A.C. ON J / SOUTH 8OUFFARO o r. WIDR T H O • c CKNE ' V930/202 `1 1 ( 5 00AC )� �� o G ! S 0 930/1139 REFER TO ( 10 00 AC) 3 0220 1500AC�� 0 o R$O o_ N ,,_l<<£o nev�c P 4RK�'i � GEORGETOWN 1.5.0. 555 / 1-4 3 50 00 AC Iy IPI C)O iiM g,c) 1. This Driveway to Ut wemoved To R O,W Line Business Highway No, 35 NOTE: Except for the driveway removal on Business Highway No. 35 and connection to the City sewer system, there are no Improvements, changes, alterations, land use changes, etc. proposed for Lot 1. M I'), L) FXI'l Use �'( tmol 3 Pedestrior Vvalkway TL Pe — Will Be Striped Vor i'e-estli* M X 0 DOCUMENTATION OF BASIS FOR REQUESTED VARIA-INCE Date: 07 / 11 /95 Applicant: RAY BIZZELL This request is for a variance from the literal enforcement of Section(s) of the Subdivision Regulations. Give a brief description of the variance requested: JUL Allow a 4' sidewalk within the right of way in lieu of the required 6' sidewalk. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regulations, requires that the Planning and Zoning Commission and City_ Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations re,aarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (8) findings of fact thut must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet, or submit this information in the form of a letter. 1. In what manner will the public convenience and welfare be substantally served? By providing a sidewalk for pedestrian usage. Will the appropriate us: of surrounding property be substantially or pe-rnanently impaired or diminished in any manner' Provide reasons why you believe your ansx er to be supportable. No, because none of the surrounding properties have sidewalks. What are the hardships involved? How were those hardships crated? How are those hardships different from those affecting the rest of the public faced %vith the enforcement of this same provision`? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The use of a 6' sidewalk would cause unnecessary encroachment into the roadside ditch in the right of way. A 4' sidewalk would minimize this. Revised 12/94 4. If the requested variance if approved, will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. No, because other owners do not have sidewalks. 5. How is the public interest affected? By providing a pedestrian access in front of the tract. C. List the special conditions that affect this property and justify the approval of the variance.. Sidewalks are traditionally located within the right of way because of the ditch slopes a 4' sidewalk is requested. How will the spirit of the ordinance be observed if this request is granted'.' By providing the sidwalk. S. How will substantial Justice be done if this request is granted" Yes Revised 12/94 DOCUMENTATION OF BASIS FOR REQUESTED VARIANS&'. Date: 07/11/95 Applicant: RAY BIZZELL t This request is for a variance from the literal enforcement of Section(s) 33052 of the Subdivision Regulations. Give a brief description of the variance requested: Allow the number of parking spaces to be based on showroom space only. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B- of the Regulations, requires that the Planning and Zoning Commission and City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations retarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (8) findings of fact that must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet. or submit this information in the form of a letter. In what manner %,.-ill the public convenience and welfare be substantially served? By providing adequate parking based on historical usage of the existing business. 2. Will the appropriate use of surrounding property be substantially or pe. manentl_y impaired or diminished in any manner? Provide reasons why you believe your ans�k e_r to be supportable. No. The proposed parking is more generous than existing surrounding businesses. i. What are the hardships involved? How were those hardships crested? How are those hardships different from those affecting the rest of the public faced with the enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. Providing parking based on warehouse area in adition to retail space is a duplication of parking. The personnel who work in the showroom also work in the warehouse. Each employee does not need 2 parking Revised 12/94 spaces. 4. If the requested variance if aDoroved. will it confer upon the appiicani a special right or priviie2e not commonly shared or available to the owners of similar and sir.cunc,M2 property. Provide rc,asons wnv you beiieve `:our answer to be supportable. No. Adequate Dar'king is still provided. Ho,.L is the public interest ar:ec.ea`' The public interest is not affected. Adequate parking for customers si still Drovided. �. iISz �;:e S-,jec a. ��('dI111c:,s LiiG: �..fe-1 his property anC Ius11 Mr. Bizzell currently operates his business in a 0',000 sa_uare foot building with parking spaces. The ratio of lsoace/400 s.f. or showroom is more �han adequate parking for the 2,000 sq. ft. showroom. iiC' s�tr:f of _ � or�..iia nce be observed it this request is QT7 .-Z', By providing adequate parking for the intended business. subskant si =_ice cone r 'Lhis request is Jranted Yes �\Vised 11'9 DOCUMENTATION OF BASIS FOR REQUESTED VARI Date: 07/11/95 Applicant: RAY BIZZELL This request is for a variance from the literal enforcement of Section(s) 33 of the Subdivision Regulations. t i it , I 4If It �ti Give a brief description of the variance requested: To allow a small portion of 2 parking spaces to encroach in the setback on old Airport Read. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance. Section 60070 B. of the Regulations, requires that the Planning and Zoning Commission and City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (8) findinas of fact that must be cited b", the Commission and Council when recommending approval of any variance. �'ou may attach an additional sheet. or submit this information in the form of a letter. 1. In what manner will the public convenience and welfare be substantially served? By providing adequate parking as well as access. 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner`? Provide reasons why you believe your answer to be supportable. No. The minimal encroachment does not affect old Airport Road. 3. What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced xith the enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. Literal interpretation would require a reduction in the number of parking spaces. I would offer to eliminate the encroachment if a variance for the reduced number of parking spaces was granted. Revised 12/94 4. If the requested variance if approved, will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. No, by providing adequate parking. 5. How is the public interest affected? The public interest is not affected. 6. List the special conditions that affect this property and Justifv the aprroval of the variance.. Because of the lot layout and the required 25' setback lines on old Airport Road (a side street) and Austin Avenue, providing adequate parking is uniquely difficult. 7. How will the spirit of the ordinance be observed if this request is s:-anted' By providing an adequate number of spaces. 8. How will substantial Justice be done if this request is aranted'� Yes Revised 12,194 IN Council meeting August 22, 1995 Item No. &I AGENDA ITEM COVER SHEET SUBJECT: Consider approval of a variance from the design standards of the Subdivision Regulations and the approved Detailed Development Plan for 103.59 acres in the William Addison Survey, known as the Williamson County Unified Facility. ITEM SUMMARY: The applicant is requesting a variance in order to revise the approved Detailed Development Plan so that the 19 trees proposed to be planted in the interior of the parking lot can be eliminated. As an alternative to the approved DDP, the applicant proposes to relocate the trees around the perimeter of the parking lot that will be part of a display of native trees to be viewed by the public. The applicant proposes to locate the trees such that they will be on the south side of the parking lot in order to shade the parking lot from the sun, which may achieve the same goal of providing the trees in the interior of the parking lot. The overall number of trees will be increased by four (4) from what is proposed on the approved DDP. When the DDP was approved by the Commission and City Council in June-1994, it was granted a variance to reduce the tree and shrub requirement by 50 percent. A variance was also requested, but not approved, to reduce the amount of planting material required in the front yard. The Commission and Council recognized the need for providing a buffer between the County facility and Churchill Farms residential subdivision in denying that request. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At its August 1, 1995, meeting the Planning and Zoning Commission voted 6-0 to recommend approval of a variance to Section 37030 F., thereby allowing the approved DDP to be revised to include the planting plan shown on Exhibit E of the staff report for 103.59 acres in the William Addison Survey, known as the Williamson County Unified Facility, after making the required findings of fact. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report Submitted By: Edward Ji�)fDevelopment, arry, AICP - Division �t- Hildy L. kingma, AIC Chief Planner VARIANCE FROM THE DESIGN STANDARDS OF THE SUBDIVISION REGULATIONS AND THE APPROVED DETAILED DEVELOPMENT PLAN FOR 103.59 ACRES IN THE WILLIAM ADDISON SURVEY, KNOWN AS THE WILLIAMSON COUNTY UNIFIED FACILITY LOCATED AT THE SOUTH END OF THE INNER LOOP ROAD OWNER/APPLICANT: Williamson County Mr. John Doerfler, County Judge Williamson County Courthouse Georgetown, TX 78626 869-4457 AGENT: R. E. Leps Texas Agricultural Extension Service Williamson County 716 South Austin Avenue Georgetown, TX 78626 930-4400 REQUEST: Variance from the design standards of the Subdivision Regulations and the approved Detailed Development Plan for 103.59 acres in the William Addison Survey, known as the Williamson County Unified Facility, and recorded in Volume 2332, Page 141 of the Official Deed Records of Williamson County, Texas. Location: Located at the south end of the Inner Loop Road. SEE EXHIBIT A Existing Site: Williamson County Unified Facility and undeveloped land. Existing Zoning: This property is located out of the City limits so zoning does not apply. Proposed Use: No change in use is proposed. Variance - Williamson County Unified Facility VR-95-14 / File: WCUFNAR August 16, 1995 Page 1 Surrounding Uses and Zoning: North: Undeveloped land and Churchill Farms Subdivision (being annexed and rezoned to RS) South: Agricultural (out of City) East: Agricultural (out of City) West: Agricultural(out of City) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 3. SEE EXHIBIT B Notification: The notification requirements have been completed. HISTORY: At its May 24, 1994, meeting, the City Council voted to remand the detailed development plan of this site to the Planning and Zoning Commission with directions to consider various water and wastewater issues and approve a variance to reduce the landscaping requirement by 50 percent. The Commission, at its June 7, 1994, meeting, approved the DDP with a variance to reduce the required landscaping by 50 percent. The variance was ratified by the City Council on June 28, 1994. ANALYSIS: The approved DDP has a total of 134 trees and 268 shrubs. SEE EXHIBIT C This complies with the variance to reduce the landscaping requirement as granted by the Commission last year. This was the only variance given to the DDP and the DDP complies with all other aspects of the landscaping standards. The County also requested to provide less than the required 50 percent of landscape materials between the building and the street, which was denied. In denying the request, the Commission and Council recognized the need to provide most of the required plantings in this area in order to buffer Churchill Farms residential subdivision from the proposed County facility. The landscaping design proposed as part of the current request also includes most of the landscape materials in that front yard. At this time the applicant is requesting a variance to Section 37030 F. which requires that no part of a parking lot can be farther than 64 feet from a tree trunk. The approved DDP exceeds this standard by providing 19 planting islands in the interior of the parking lot with a tree in each. The applicant contends that the number of islands is excessive and wishes to Variance - Williamson County Unified Facility August 16, 1995 VR-95-14 / File: WCUFNAR Page 2 reduce it. It is possible to reduce the total number of planting islands in the parking area and still comply with the standards. A minimum of seven (7) planting islands would be required to do so. SEE EXHIBIT D The applicant, working with the County Agricultural Extension Service, proposes an alternative to providing any planting islands in the parking area. SEE EXHIBIT E The proposal is to provide a dense row of trees around the perimeter of the parking area and also increase the total number of trees from 134 to 138. There is no proposed change to the required shrubbery. The trees proposed around the perimeter of the parking lot are native species. Signs will be placed near the trees to identify the species and provide information on each. The purpose of the distribution standard is to reduce the thermal impact of the hard surface material of parking lots by providing shade and keeping the surface cool. Asphalt and concrete are good conductors of heat. Distributing the trees throughout the hard surfaced area reduces the area exposed directly to sunlight and therefore reduces the heat absorbed. The need for shading is increased as the size of the hard surfaced area is increased. The subject site is currently located in an area that is mostly agricultural. The only non-agricultural uses are Churchill Farms (a single family residential subdivision) and St. Helen Church. The densely planted trees proposed in the revised plan are all on the south side of the parking lot. Given the position of the sun, perimeter trees will provide the greatest amount of shade when placed on the south side. Also, by providing the densely planted trees along the perimeter, due in part to the four (4) additional trees, the applicant proposes a greater amount of shading along the perimeter of the parking lot than what is usually provided in similar plans. Therefore, the alternative planting plan proposed by the applicant may achieve the same goal as providing trees in the interior of the parking lot and it may be cause for approval of the requested variance. A revised landscape plan which complies with any variance granted shall be submitted and become an amendment to the approved DDP. Variance - Williamson County Unified Facility VR-95-14 / File: WCUFNAR August 16, 1995 Page 3 Variance: After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070 B. of the Subdivision Regulations: "In granting approval of a request for variance the Commission shall make findings that: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." STAFF RECOMMIENDATION: Approval of a variance from Section 37030 F. , thereby allowing the approved DDP to be revised to include the planting plan shown on Exhibit E for 103.59 acres in the William Addison Survey, known as the Williamson County Unified Facility. P & Z ACTION: At its August 8, 1995, meeting the Planning and Zoning Commission voted 6-0 to approve a variance to Section 37030 F., thereby allowing the approved DDP to be revised to include the planting plan shown on Exhibit E of the staff report for 103.59 acres in the William Addison Survey, known as the Williamson County Unified Facility, after making the required findings of fact. Variance - Williamson County Unified Facility VR-95-14 / File: WCUFNAR August 16, 1995 Page 4 ` =°'" L. ^"``"` ."^,", " \ ~~ ~~ Cl T Y ONLY 3\|27 --�� / T^ ~=^ �~° ,"="�,,, "�'�` i .104 =� ' ���� PYwnmnrA °=.`^ BARNES"~'^^" .��= .,°= .00= "==CAqL=" °^°° ~"^= / / ' EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. *DATE*: April 14, 1994 *PROJECT NAME*: Williamson County Unified Facilities Detailed Development Plan 2. *GIVEN*: acres of Intensity Level 1 acres of Intensity Level 2 19.06 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 19.06 TOTAL ACRES 3. ALLOWABLE DEMAND. - INTENSITY WATER LEVEL Peak GPD 1 0 2 0 3 71,666 4 0 5 0 6 0 WASTEWATER TRANSPORTATION Average GPD Peak Trip Ends ----------------------- 0 0 0 0 20,585 191 0 0 0 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 71,666 Maximum GPD Wastewater Capacity: 20,585 Maximum Trip Ends: 191 5. PERMITTED DEVELOPMENT: (a) (b) (c) (d) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV DEVELOPMENT LAND USES -------------------------------------------------------- WATER WASTEWATER TRANSPORTATION] UNITS J REGS j ALLOWED/UNIT Detached SF Large Lot 62 71 318 J 62 J 38 j 38 housing units Average Lot 72 82 215 J 72 J 138 J 72 housing units Zero Lot Line 72 82 215 j 72 J 185 J 72 housing units Attached SF 110 118 175 J 110 J J 110 housing units Multifamily 136 132 84 J 84 J 549 J 84 housing units Mobile Home 110 107 225 J 107 J j 107 housing units Lodging 373 337 138 J 138 J j 138 rooms Institutional 208,938 223,748 226,635 j 208,938 j J 208,938 square feet Church J j -with day care 232,681 248,010 12,249 J 12,249 J j 12.249 square feet -w/o day care 385,299 411,696 264,722 J 264,722 J J 264,722 square feet Medical Office 172.273 183,793 59,064 J 59,064 J J 59,064 square feet General Office 196,884 226,207 74,745 J 74,745 J J 74,745 square feet Retail, Mixed 110,255 126,287 11,539 j 11,539 J j 11,539 square feet Retail, Restaurant 45,939 42,885 16,763 j 16,763 J J 16,763 square feet Retail, Store 220,510 233,918 39,692 J 39,692 J j 39,692 square feet Employment Centers 196,884 226,207 41,652 J 41,652 J j 41,652 square feet Warehouse 1,257.291 1,470,343 317,667 j 317,667 J j 317,667 square feet Mini -Warehouse ------------------------------------------------------------- 17,916,400 20,584,800 733,077 j J---------- 733.077 J J j J 733,077 square feet GENERAL NOTES OWNER/APPLICANT: WILLIAMSON COUNTY John Doerfler, County Judge W1111amson County Courthouse Georgetown, Texas 78628 ENGINEER/SURVEYOR STEGER 6 BIZZELL ENGINEERING. INC 1978 South Austin Avenue P.O. Box 858 Georgetown -Texas 78627 SITE ADDRESS Not yet assigned. LEGAL DESCRIPTION 103.5913 Acre tract situated In The Wm Addison Survey, A-21, Vol. 2332 Page 141 EXISTING LAND USE Aoncuulre PROPOSED USE: P - Public Use DATE April, 1994 FLOOOPLAIN No 100 year n Y OOdpialn per F E.M.A. Flood Insurance Rate Map No 48491COI t SC dated September 27. 1991 EX. PARKING SPACES None REQ'D. PARKING SPACES' Criteria - 1/1000 sq it of warehouse space • 1200sq R. of office space Calculation - Prop. 14,000 sq. It of Office Space/200- 70spaces Prop. I S-000 s /. of warehouse space/1000 a 15 spaces REQ'D. HANDICAP SPS. Criteria - 4 spaces for 65 total spaces PROP. PARKING SPACES: (a - HandicaP). (127 - 10' x 20) - 135 EX. LOADING SPACES- None REQ'O LOADING SPS: Criteria - One (1) space plus one (1) space for each 20.000 sq (I or portion thereof in excess of 20.000 sq- 11. PROP, LOADING SPS 2 lo' x to REQ'D. LANDSCAPE: Critens - 10% Of IN area Min. Landscape area = 830•495 x 10% - 03.049 s.f REQ'D PLANTINGS: Criteria - 2 trees 6 4 shrubs per 600 s I. of req'd landscaping Calculation - (83.049/6o0) x 2 - 276 trees Calculation - (83.049/600) x 4 = 553 shrubs PROPOSED LANDSCAPING. 100 Trees 250 Shrubs PROPOSED BUFFERYARD: Type 8. 1 tree/100• - 17 trees total LOT SIZE: 830•495 s f (19 06 Ac ) PROP. UTILITY DATA Fire Flow- 1,SWgpm Domestic Water - 100 gpm Wastewater - 2.000 gpd —tKVIOUS AREA: 455.202 s.f. IMPERVIOUS AREA: 375.293 s.f- TOTAL AREA 830•495 s.f (19.06 Ac ) IMPERVIOUS COVER PERCENTAGE 4s% MAINTENANCE NOTE: The subdivider or subsequent owners o/ the landscaped properly. tx Ube manager or agent of the owner, shall be responsible for the maintenance of all landscaped areas. Said areas shall be maintained so as to presen( a healthy, neal and orderly appearance at aA times arld thaft be kept free of refuse and debris. All planted areas shall be provided with It readily available water supply and watered as necessary, (0 Insure continuos health, growth and development. Maintenance thin include the replacement of all dead plarq material If that material was used 10 meet the requirements of the Subdivision Reigutatlorts LA_ --_- >r 414 8 4 � CO R0. t8: - , - - % 29 o EXHIBIT C Z ��G�"---r------- 7-a<Qacas>—c= ___-_—=Tc=—.s==-'�--• ------ 6� - � / - — — — — llh WILLIAMSON COUNTY UNIFIED FACILITY; DETAILED DEVELOPMENT PLAN ;EMT: ---77-7 - t i 1 -PARIKJN. LOT M 6 co ;7, �,;�; •. � ,.: K;,F=:_ate WAREHOUSE WAREHOUSE NVARE - US Trees planted in islands in parking lot EXHIBIT E P"?Op n lea G� qs V TO „ A. CNN 0 i FR �\40 Op R m r - - i . /D PARKING LOT \ 1N3W3Sv3 3Nn 831vM .Sl �` I `- f `w �\ /% !_ •,•, : a , , , - t� ...�:: ....tip +^'qQ cn � -Yl.i. � � i I '.tip : i:• .... '. l•:: • /�,: I1! d 0 :fir: J;. ;:•,.:::a'►;.ti;::; -I :{.*.vt.; �.� J •:S•:•X•. �� .. •.L•: •' Ira '�• •. 3lY3Sd3 3Nn tl31vm .9t • :.•. • . :. ....... (n m i m � �'•� � �T}� I 1 � I � JUL-14-1995 16:16 TEXAS AGRI EXTENSION SERU 512 930 4407 P.O` r DOCU",Nf:NTATION OF BASIS FOR REQUESTED VARIANCE Date: 7 -1 4-9_5 Applicant: Ronnie _E. ,Ley C �xte S ion 1a ent This request is for a variance from the Literal uiforcenient ,>f Section(s) of the Subdivision Regulations. 37030 F Give a brief description of the variance requested; Allow portions of the_ ,pa_rk t.ng lot to be more than 64 feet awa from thEr trunk of a tree. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to rcconimt-nd and approve such a s•wr: t�ce, Section 60070 B. of the Regulations, requires that the Pianning and Zonitlg Coltit'nission uid City Council must be able to `'ensure thz-t the variance is nor contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific Findings of fact_ Its order to assist the Commission and Council in conducting their de-11 orations regarding your requested vanance, please complete this form to document how this request will impact the issues descril e. below. "rsv_ issues relate directly to the eight (8) findfn�s of fact that must be cited by the Commission and Council when recommendutg approval 0 any variance. You may attach an additional sheet, or Submit this information in the forth of a letter. 1. In what manner w111 the pUblic; convenience and welf;irc be substantially �i2rved? By concentrating the trees around the perimeter of the parking .lot, both the front street yard and the adjacent South property will receive a more generous and evenly distributed visual buffer. Plant nrate'rial is also Strategically arranged so that the mass groupings of the tries wi 11 be identif led so it l-erctt'es an educational display of native and adapted pl.auitings appropriate for land- scaping in Wi l i la=on County. 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in tiny manner'! Provide reasons why you bel..eve your answer to be supportab1C. The adjacent properties will receive a more generous buffer f zc;%n the proposed parking lot since the plant material is concentrated between the property l i-ne and the parking lot. 3. What are the hardships involved? How were thin hardships created? How art hose hardships different front these affecting the test of the public faced with tljc enforcement of this same provision? Nate that the Commission acid Council cannot approve a variance for which the hardship claimed is solely of an economic nature. See attached sheet Revised 12J94 JUL-14-1995 16: 10 TEXAS A13R I EXTENS I ON SERIJ 512 930 440P . 04 4. If the requesMd variance if approved, ws1l it confer upon the applicant a special right or privilege not commonly shared or available to the owners of siRular and surrounding property? Provide reasons why you beiievc your answer to be supportable. Me adjacent property will receive akDre benefits w-_th the variance request with the resultant tree buffer_ 5. How is tic public interest atteccec - The planting will introduce an educational walkthrough of the plant material. - The planting strategy advocates the use of native material and more efficient irrigation methods. -- Proposing greater quantities of trees in the area than are required. 6. List •[he spe-cla) conditions that affect this property and justify the apprctval of the variani;c... The proposed development will consist of lard, heavy equipment trucks_ These trucks need clearancP of landscape material. Plant materials in islands will only allow for the plant materials to have a hi(lh chance of being bruised. Surv-Lva1 chances are decreased. 7, How will the spirit of the ordinance b-c observed if this request is grt"tcd? BY grouping the large evergreen shade trees araand the perimeter of the parking lot a Mre generous growing envi-r=mnt is provided. The trees will provide a large shade tttass to reduce the heat build-up created by the asphalt parking lot. All trees will be evergreen. 8_ How wili substantial .justice be clone if this requGyt is granted'! - The amunt of trees planted will be increased by 30'% vver ordinance requirements. - All trees surrounding perimeter of parking lot will be evergreen, to allow year --round shade. - anall scale ornamental trees will be incorporated for seasonal inbt rest and their educational benef it . Revised 12J94 TOTS&L 'P . dS JUL-14-1995 16: 17 TE,:AS AGR I EXTENSION SERU 930 4407 P. 03 DOCUMENTATION OF BASIS FOR REQUESTED VARIANCE 3. Because of the nature of the proposed development, maintenance and efficiency of the parking lot will become more cumbersome if the trees are planted in parking lot islands. Due to high traffic, the trees will have a greater chance of being hit. Survival of the newly planted trees is increased if placed in the perimeters because it allows the trees to be Isolated from vehicular traffic and the planting is more generous. Open ground around the parking lot provides more soil and better conditions for the trees to flourish than the confined soil area and volume in a parking lot island Surrounded by asphalt. This will allow trees to reach their potential mature growth. Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consider waiving detailed development plan requirement for Murray's Chevron, on Lot 2, Block 7 of Gabriel Heights Subdivision located at 1101 North IH35. ITEM SUNMARY: Compliance with the Subdivision Regulations is required for "any new or expanded building or structure (Section 16010 A.7.a.). However, Section 27050 H. allows the Director of Development Services or the applicant to petition the City Council to waive the detailed development plan (DDP) requirement when it is determined that no significant public benefit will be derived from it. In this case, the prospective owner of the subject property proposes to add approximately 170 square feet to the existing _1,334 square foot convenience store building for the purpose of enlarging a cooler. If the DDP is required and all standards are applied, there are several existing non - conformities on the site that would have to either be corrected or a variance granted for each. Some of the existing non -conformities are access to the frontage road, encroachments into the building setback lines, landscaping, bufferyards and number of parking spaces. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: The Director of Development Services recommends approval of this waiver. Approval of this agenda item will constitute approval of the requested waiver, unless otherwise specified by the City Council. ATTACHMENTS: Letter of request from owner. Submitted Bv' — 9�/ Edward . Barry, AICP irector Divisio of Developme t Services Hildy L. kingma, AIC Chief Planner August 14, 1995 City of Georgetown 113 East 8th Street Georgetown, Texas 78627 Re: Murray Convenience Store 1105 I.H 35 Georgetown, Texas To whom It May Concern: We are requesting an exemption from the Century Plan Site Plan Review Process because the above referenced project is a small project of insignificant square footage, The existing building is currently approximately 1334 square feet heated area while the proposed remodel would add only approximately 170 square feet. Thank you for your consideration. Sin erely, M . Murray Owner Council meeting August_ 22, 1995 Item No. AGENDA ITEM COVER SHEET Y SUBJECT: Consider approval of a Variance from the Building Setback Requirements of the Subdivision Regulations for Berry Creek Subdivision, Section Nine, Phase Three, Block A, Lot 42; Located at 30404 LaQuinta Drive ITEM SUMMARY: A variance is requested to Section 34020 G.2. to allow for the design and construction of a home with a side entry garage. This design would require an encroachment into the platted side setback, which is not allowed by the referenced section. While it appears that the subject lot is sufficiently wide to move the house to the west, and thereby eliminate the proposed encoachment, the applicants have demonstrated that several trees prevent such a modification to the site plan. SPECIAL CONSIDERATIONS: The ten (10) foot side setback into which the driveway will encroach is also a public utility easement. The applicant has requested a License to Encroach with a separate agenda item. If this variance is considered appropriate, staff and Planning and Zoning Commission recommend that the City Council revise Section 34020 G.2. of the Subdivision Regulations to add the driveway to a side entry garage as an exception to the prohibition on impervious cover in side setbacks. This revision will be considered as a separate agenda item. FINANCIAL IMPACT: None. COMMENTS: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested variance to Section 34020 G.2.) to allow the encroachment of the driveway only, after making the required findings of fact. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff report. Submitted By: Edward J. ry, AICP Director Division f Developme t Services Hildy L. iffngma, AIC Chief Planner VARIANCE FROM THE BUILDING SETBACK REQUIREMENTS OF THE SUBDIVISION REGULATIONS FOR BERRY CREEK SUBDIVISION, SECTION NINE, PHASE THREE, BLOCK A, LOT 42; LOCATED AT 30404 LAQUINTA DRIVE OWNER: Scott Felder Limited Partnership 5316 Hwy 290 West, Suite 100 Austin, TX 78735 891-5000 FAX: 891-5025 AGENT: Gregory and Stephanie Burtner 11137 Callanish Park Drive Austin, Texas 78750-3533 512/335-1920 FAX: 817/867-4594 REQUEST: Variance to the building setback requirements of the Subdivision Regulations for Berry Creek Subdivision, Section Nine, Phase Three, Block A, Lot 42 as recorded in Cabinet K, Slides 316- FACTS: 317 of the Official Plat Records of Williamson County, Texas. Location: 30404 LaQuinta Drive. SEE EXHIBIT A Existing Site: Single family residential lot. Existing Zoning: This property is located outside the City limits, so zoning does not apply. Proposed Use: Single family residence. Surrounding Uses: Single family residences. Notification: The notification requirements have been completed. HISTORY: The plat of this property was approved by the City Council on November 10, 1992, and recorded with the County on October 22, 1993. Variance - Berry Creek, Sec. Nine, Phase Three, Blk A, Lot 42 August 11, 1995 VR#-95-16/ File:BC9-3.VAR CM:HK Page 1 ANALYSIS: Section 34020 G.2. Impervious Construction in Side Setbacks The property owners submitted the attached site plan (see EXHIBIT B) with their building plans, that indicates an encroachment into the side setback for a driveway to the side entry garage. When this was identified as a violation of the design standards, they requested the subject variance. Section 34020 G.2. prohibits structures or impervious construction in required side and rear setbacks except for limited exceptions for single family residential uses. Those exceptions do not apply to this request. The applicant has requested this variance in order to allow for the design and construction of a home with a side entry garage. While it appears that the subject lot is sufficiently wide to move the house to the west, and thereby eliminate the proposed encroachment, the applicants have demonstrated that several trees prevent such a modification to the site plan. The subject design standard was included in the current Subdivision Regulations when they were originally adopted in 1988. This standard appears to address the desire for unobstructed open space on each platted lot. It applies to lots platted for all land use types, with exceptions only for swimming pools, playscapes, and satellite dishes on single family residential lots. While a driveway by itself will not create a visual obstruction, it does create the possibility for parked vehicles which would become a visual obstruction. If this variance is considered appropriate, staff recommends that the Planning and Zoning Commission and City Council revise Section 34020 G.2. of the Subdivision Regulations to add the driveway to a side entry garage as an exception to the prohibition on impervious cover in side setbacks. VARIANCE: After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070. B of the Subdivision Regulations: "In granting approval of a request for variance the Commission shall make findings that: 1. The public convenience and welfare will be substantially served; and Variance - Berry Creek, Sec. Nine, Phase Three, Blk A, Lot 42 VR/l-95-16/ File:BC9-3.VAR CM: HK August 11, 1995 Page 2 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." The applicant submitted the attached letter as documentation for the requested variance. STAFF RECONMENDATION: Approval of the requested variance to Section 34020 G.2. , to allow the encroachment of the driveway only, after making the required findings of fact. Also, staff recommends a revision to Section 34020 G.2, to add the driveway to a side entry garage as an exception to the prohibition on impervious cover in side setbacks. P & Z ACTION: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested variance to Section 34020 G.2. , to allow the encroachment of the driveway only, after making the required findings of fact. Variance - Berry Creek, Sec. Nine, Phase Three, Blk A, Lot 42 VR##-95-161 File:BC9-3.VAR CM:HK August 11, 1995 Page 3 EXHIBIT A r e BERRY CREEK PARTNERS 2231 / 114 5 6.14 76 AC. L33 01_ K 2K i 40.1 FIRST TEX-ASI BERRY CREEK PARTNE 2231 / 114 56 1476l� EXHIBIT B I i i 3° x 3° I I STOOP j � I 0 m (� C I R10 C�RANpE BOXiNDOti� � i rn J) R55-5ERR'T' CREEK 0 • 61' -11' j i o W j� j Proposed ' Encroachment� � ® 0 o 3'-6" t LNG. WALKze 15' FZ 12-" •a 5'R TYP.� LA QUINTA DRIVE. 1 thru 12 Is a Tree inventory DOCUMENTATION OF BASIS FOR REQUEST FOR VARIANCE Scott Felder & Gregory L. & Stephanie K. Burtner Page 1 of 3 Date: 3 July, 1995 Applicant(s): Scott Felder/Gregory L. and Stephanie K. Burtner This request is for a variance from the literal enforcement of Sections(s) of the Subdivision Regulations. Give a brief description of the variance requested: Allow the driveway to encroach into the east side building setback, to maintain the continuity and integrity of the existing custom homes and preservation of established large trees. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regulations, requires that the Planning and Zoning Commission and City Council must be able to "ensure that the variance is not contrary to the interest and , due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance. please complete this form to document how this request will impact the issues described below. 'These issues relate directly to the eight (8) findings of fact, that must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet. or submit this information in the form of a letter. 1. In what manner will the public convenience and welfare be substantially served? The public welfare will be served by adhering to the established aesthetic continuity and integrity of existing custom homes on La Quinta Drive. Granting this variance would allow the preservation of twelve established Live Oak and Cedar Elm trees, varying in size from two feet to eleven feet in girth. See attached site plan. 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer to be supportable. The surrounding property would not be substantially or permanently impaired or diminished by this variance. The existing driveways on the neighboring lots encroaches within their side building setbacks and this variance would allow continuity. Without this variance, the surrounding property would be permanently impaired and aesthetically diminished due to the loss of twelve established Live Oak and Ceder Elm trees. 3. What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest, of the public faced with the enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The nature of this lot and surrounding development is it's being heavily treed. There is a " natural driveway" access within the east building setback and the placement of the driveway within the building setback would allow the preservation of twelve large Live Oak and Cedar Elm trees. The hardship would be the required removal and lose of these twelve established trees. The public hardship would be the lose of established aesthetic continuity and integrity of the surrounding existing custom homes on La Quinta Drive. See attached site plan. DOCUMENTATION OF BASIS FOR REQUEST FOR VARIANCE Scott Felder & Gregory L. & Stephanie K. Burtner Page 2 of 3 4. If the requested variance if approved, will it. confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. No. The existing neighboring driveways encroach on their side building setbacks, similar to the proposed variance. Granting this variance would maintain the continuity and integrity of the neighborhood. 5. How is the public interest affected? The public interest would be positively affected. Granting this variance would: 1. Preserve the aesthetic continuity of the neighborhood; 2. Allow the preservation of twelve large Live Oak and Cedar Elm trees; and 3. Result in the least impact on the ecology of the lot. 6. List the special conditions that affect this property and justify the approval of the variance. 1. The " natural driveway " on the east side of the lot. 2. Without this variance twelve trees will be removed, varying is size from two feet to eleven feet in girth. 3. Continuity and negative impact on the neighborhood. 4. Least environmental impact on the lot. 7. How will the spirit of the ordinance be observed if this request is granted? The spirit of the custom homes on La Quinta Drive is one of spaciousness and preservation of trees. 1. The aesthetics of the neighborhood will be preserved. 2. Least impact on the ecosystem. 3. Preservation of twelve established large Live Oak and Cedar Elm trees. 8. How will substantial _justice be done if this request is granted? Substantial justice will be done by: I. The variance will provide this lot with the same site plan opportunities as the existing surround lots. 2. Neighborhood continuity will be preserved. 3. The lot valve will be retained respective to existing neighboring lots on La Quinta Drive, due to the lot site plan opportunities. DOCUMENTATION OF BASIS FOR REQUEST FOR VARIANCE Scott Felder & Gregory L. & Stephanie K. Burtner Page 3 of 3 TREES PRESERVED BY GRANTING THIS VARIANCE 1. Cedar Elm 2. Cedar Elm 3. Live Oak 4. Live Oak 5. Group of four Live Oak 6. Group of two Live Oak 7. Live Oak 8. Live Oak 9. Cedar Elm 10. Cedar Elm 11. Cedar Elm 3.1 feet girth 2.8 feet girth 7.7 feet girth 11.1 feet girth 2.10, 1.8, 3.61, 2.8 feet girth 1.9, 2.0 feet girth 2.6 feet girth 2.1 feet girth 7.2 feet girth 2.4 feet girth 8.6 feet girth 12. Cedar Elm 3.1 feet girth SEE ATTACHED SITE PLAN FOR LOCATION OF TREES. I `I � � � U v V JUL 2 4 ig9.5 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its V gular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 1st day of August 19951 at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Variance from the design standards standards of the Subdivision Regulations for Berry Creek Subdivision, Section Nine, Phase Three, Block A, Lot 42, located at 30404 La Ouinta Drive As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date:07/17/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Variance - Berry Creek, Section Nine, Phase Three Name of Respondent: L-��{ '/ `� Address of Respondent: ��� -v�- �� (-�-2 ; DLO I am in favor: V I object: If you wish to submit written comment, please respond by 07/26/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 Z Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Resolution to authorize a License to Encroach into the platted public utility easement located along the east side property line of Lot 42, Block Al Berry Creek Subdivision, Section Nine, Phase Three, located at 30404 LaQuinta Drive. ITEM SUMMARY: The Director of Community Owned Utilities and other utility providers have agreed to allow a License to Encroach into the platted ten (10) foot public utility easement located along the east side property line as illustrated in Exhibit A. This request is being made to allow the construction of a driveway to a house designed with a side entry garage. The proposed driveway encroaches into both the public utility easement and the platted side setback. In a separate agenda item the City Council will consider a request for a variance to encroach into the side setback that exists in the same location on this lot. The Planning and Zoning Commission recommended approval of the variance at their regular meeting of August 1, 1995. SPECIAL CONSIDERATIONS: None. FINANCIAL BRACT: None. RECOMMENDED MOTION: Unless otherwise stated, the City Council's action on this item will approve the requested License to Encroach in accordance with the recommendation of the Director of Community Owned Utilities. ATTACHMENTS: Exhibit A Resolution Submitted Bv: Edward-". B �y, AICP - 'rectos Division of Development Xeirrvices Hi dy L. EYngma, AICP Chief Planner RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND GREGORY AND STEPHANIE BURTNER, PERTAINING TO THE ENCROACHMENT OF A DRIVEWAY INTO THE PUBLIC UTILITY EASEMENT LOCATED ON THE EAST SIDE PROPERTY LINE OF LOT 42, BLOCK A, BERRY CREEK SUBDIVISION, SECTION NINE, PHASE THREE, AS RECORDED IN CABINET K, SLIDES 316-317, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 30404 LAQUINTA DRIVE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown, has received an application for a license to encroach into the east side public utility easement; and WHEREAS, in order for a license to be granted by the City Council of the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Gregory and Stephanie Burtner to encroach into the east side public utility easement, the City Council of the City of Georgetown, Texas, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in its present status. 2. That there are no utilities which would interfere with the utilization of the property in its present status. 3. That the proposed driveway will intrude into the public utility easement to such a degree that it is not economically feasible to move the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to other uses in the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that it is not economically feasible to move the part of the proposed driveway within the easement area constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the ap- 30404 LaQuinta License Resolution No. Page 1 of 3 plicants of the reasonable use of their property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to move the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicants. 3. The fact that the use of the easement area by the property owners does not in- terfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and WHEREAS, the applicants agree to accept the terms of the license agreement as presented to them. 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 implements the following policies of the Century Plan - Development Plan Element: 1. Growth and Physical Development Policy 1, which states "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations." 2. Utilities/Energy Policy 2, which states "The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact to the environment; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Gregory and Stephanie Burtner, pertaining to the encroachment of a proposed driveway located at Lot 42, Block A, Berry Creek Subdivision, Section Nine, Phase Three, into the east side public utility easement. 30404 LaQuinta License Resolution No. Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATTEST:' Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney 30404 LaQuinta License Resolution No. Page 3 of 3 , 1995. THE CITY OF GEORGETOWN: By: LEO WOOD Mayor EXHIBIT A i I 1 � �45, 1 � I I i X 3° STOOP , rn � � L�J • i j � 6� 11J Cb IBpx I RJQ GRANDE WINDOW rn �fl R55-BEFRRY CREEK I I a 6�w'-11" _ 2� _ ie Proposed ' Encroachmen, o r 30 -0 ANC. WALK \ 15, R�%a i— — — • o l I LA QUINTA DRIVE 1 thru 12 Is a Tree Inventory Council Meeting Date: August 22 1995 Item No. -B-46 AGENDA ITEM COVER SHEET SUBJECT Staff report to Council on the Public Funds Investment Act. ITEM SUMMARY The Public Funds Investment Act (the Act), H.B. 2459, will go into effect September 1. The City does not need to make any immediate changes to comply and many requirements have not yet been clarified. The purpose of this report is to outline the Act, the changes to be made and when the changes will occur. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT none COMMENTS none ATTACHMENTS None. Report to be presented at the Council meeting. Submitted By: - 1 Susan L. Morgan, Director of Finance and Administration REPORT TO COUNCIL: PUBLIC FUNDS INVESTMENT ACT In response to the recent losses in Orange County, California, the Texas Legislature revised the Public Funds Investment Act (the Act) with House Bill 2459, which will be effective September 1, 1995. This bill affects every political subdivision in Texas, by placing requirements and restrictions on investment practices. The City of Georgetown will be affected by this legislation. Although the City does have a written investment policy, there will be additional requirements related to the Act. The Act is effective September 1; however, the specific application of some of the provisions has not been defined. This report outlines the Act and the steps the City will take to comply with it. Highlights of the Public Funds Investment Act • Each city must have a separate written investment strategy for each fund under its control. • The investment policy and strategies must be reviewed annually by the governing body. • Certain investment types were "deauthorized" such as principal only (Pos), interest only (los), and inverse floaters, NONE OF WHICH THE CITY OF GEORGETOWN HAS OWNED OR IS AUTHORIZED TO OWN. • Additional restrictions are placed on investment pools and mutual funds. - Pools and funds must meet certain criteria to be eligible investments. - No more than 80% of an entity's monthly average fund balance (excluding bond proceeds and related debt service) may be invested in eligible money market fund or mutual funds. - No more than 15% of an entity's monthly average fund balance (excluding bond proceeds and related debt service) may be invested in eligible mutual funds. - Bond proceeds and debt service should not be invested in mutual funds. • A written copy of the entity's investment policy must be presented and acknowledged as reviewed by any party wishing to sell investments to the City. The investment officer may not buy any securities from a firm that has not registered this acknowledgment. • Written investment reports must be submitted quarterly to the governing body. • Specific training will be required for the investment officer relating to his/her specific duties under the Act. • A compliance audit must be performed in conjunction with the annual year end audit of management controls on investments and adherence to approved investment policies. Response of the City of Georgetown Investment Policy. The City currently has a good, written investment policy that requires annual reviews by the Council. However, certain additions will be necessary, such as providing a separate investment strategy for each fund and fine tuning the limitations on investment pools and mutual funds. These changes will be presented in November, 1995, as part of the regular annual review of these policies. Investment reports to Council will be made quarterly, thereafter. Investment Pools and Mutual Funds. The City's current investment pool (-I'expool) and mutual fund (FGIC) investments meet the new criteria. The City will be required to make limited transfers to meet the balance restrictions. These transfers will be complete by September 1. Broker Acknowledgments. The City must provide each of its prospective brokers with a copy of our investment policy and require a written acknowledgment that it has been received and reviewed prior to any purchases the City might make. This process is already underway with our current broker list. Training. The Director of Finance and Administration and the Accounting Director are already enrolled in training in September that will address this Act and its effects on Georgetown. This will fulfill the training requirements and give a better understanding of exactly what changes we should make for the best interest of the City. Compliance Audit. The City of Georgetown will include a compliance audit with its annual financial audit. This will require some additional audit costs, but no estimate is available at this time. Conclusion The City of Georgetown is in a position to proactively respond to the requirements of the Act. No substantive changes to the investment policy or procedures are recommended at this time. A written follow-up to this report will be provided as part of the annual investment review and report in November, 1995. Report to Council: Public Funds Investment Act page 2 Council Meeting Date: August 22 1995 cc Item No. AGENDA ITEM COVER SHEET SUBJECT Ordinance authorizing the issuance of the City of Georgetown, Texas Utility System Revenue Bonds, Series 1995A in an amount not to exceed $6,825,000. Second Reading. ITEM SUMMARY This is the second reading of the ordinance required for the issuance of $6,825,000 Utility System Revenue Bonds. The bid price for these bonds will not be know until just prior to the August 22, 1995 council meeting; therefore, information required for certain portions of the ordinance and exhibit cannot be completed until that time. Proceeds of the bonds will be used to fund utility improvement projects including electric, water and wastewater system improvements for Sun City and other growth, and the water portion of the Berry Creek utilities purchase. SPECIAL CONSIDERATIONS FINANCIAL IMPACT Interest rates on the bonds will not be known until the bids are received. Garry Kimball, First Southwest Company, will have a brief presentation on the bond pricing received. Although this bond issue was anticipated in the 1994/95 Annual Operating Plan, the build out schedule for Sun City increased resulting in higher costs earlier in the project. A budget amendment will be required. COMMENTS The ordinance has been prepared by McCall, Parkhurst and Horton, the City's bond attorney. ATTACHMENTS Proposed Ordinance Preliminary Official Statement Submitted By: Susan L. 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ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF GEORGETOWN, TEXAS UTILITY SYSTEM REVENUE BONDS, SERIES 1995A; AUTHORIZING THE PLEDGE OF CERTAIN NET REVENUES; APPROVING AN OFFICIAL STATEMENT, PAYING AGENT/REGISTRAR AGREEMENT AND OTHER AGREEMENTS RELATED TO THE SALE AND ISSUANCE OF THE BONDS; AND AUTHORIZING OTHER MATTERS RELATED TO THE ISSUANCE OF THE BONDS THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN § WHEREAS, the following Utility System Revenue Bonds of the City of Georgetown are presently outstanding: Utility System Revenue Bonds, Series 1985, dated July 15, 1985, maturity August 15, 1995, now outstanding in the principal amount of $350,000 (the "Series 1985 Bonds"); and Utility System Revenue Bonds, Series 1991, dated January 1, 1991, maturities August 15, 1995 through August 15, 2006 now outstanding in the principal amount of $2,160,000 (the "Series 1991 Bonds"); and Utility System Revenue Refunding Bonds, Series 1991 dated March 15, 1991, maturities August 15, 1995 through August 15, 2005 now outstanding in the principal amount of $8,715,000 (the "Series 1991 Refunding Bonds"); and Utility System Revenue Bonds, Series 1995 dated June 1, 1995, maturities August 15, 1996 through August15, 2015 now outstanding in the principal amount of $5,200,000 (the "Series 1995 Bonds, ), and WHEREAS, the City is authorized to issue additional Utility System Revenue Bonds upon compliance with certain conditions as set forth in the Ordinances authorizing the above -mentioned outstanding bonds; and WHEREAS, the City is in compliance with such additional bond provisions; and WHEREAS, the City Council deems it to be in the best interest of the City to issue additional Utility System Revenue Bonds for the purpose of paying contractual obligations to be incurred by the City for improvements and extensions to the City's combined electric, water and sewer system including (1) reimbursing the City for acquisition of the Berry Creek Water and Wastewater System, (ii) certain improvements necessary to provide water and wastewater service to the Sun City Georgetown Project including reimbursing the City for the costs of certain of such improvements and (iii) payment of professional services including legal, fiscal, architectural, GEORGEra"/ 1993U77L: ORDER, DR 1 7-31-93 engineering and any costs of issuance including funding a reserve fund; and WHEREAS, on July 25, 1995 the City Council has adopted a resolution authorizing and directing the city secretary to give notice of intention to issue revenue bonds; and WHEREAS, the notice has been duly published in the Williamson County Sun, which is a newspaper, within the definition of Article 28a, Vernon's Annotated Texas Civil Statutes, as amended, of general circulation in the City, in its issues of July 30, 1995 and August 6, 1995; and WHEREAS, the City has not received a petition from the qualified electors of the City protesting the issuance of such revenue bonds; and WHEREAS, the City hereby finds that the issuance of the Bonds implements Finance Policy 4 of the Century Plan; and WHEREAS, the meeting was open to the public and public notice of the time, place and purpose of said meeting was given pursuant to Chapter 551, Government Code. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS AND CENTURY PLAN . (a) Recitals, Amount and Purpose of the Bonds. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The "City of Georgetown, Texas Utility System Revenue Bonds, Series 1995A" (the "Bonds") are hereby authorized to be issued and delivered in the aggregate principal amount of $6,825,000 for the purposes set forth in the preambles of this Ordinance. (b) Century Plan. The City hereby finds that the issuance of the Bonds implements Finance Policy 4 of the Century Plan - Policy Plan Element, which states; "The City shall develop a strategy to provide sufficient financial resources, for both short term and long term needs", and Economic Development Policy which states "The City will encourage diversified growth and promote business opportunities to create jobs, broaden the tax base, and minimize the impact of economic fluctuation"; and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES OF BONDS. Each Bond issued pursuant to this Ordinance shall be designated: "CITY OF GEORGETOWN, TEXAS UTILITY SYSTEM REVENUE BOND, SERIES 1995A", and initially there shall be issued, sold, and delivered hereunder fully registered bonds, without interest coupons, dated August 15, 1995, in the respective denominations and principal amounts hereinafter stated, numbered consecutively from R-1 upward (except the initial Bonds delivered to the Attorney General of the State of Texas which shall be numbered T-1 upward), payable to the respective initial Registered Owners thereof (as designated in Section 21 hereof), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the GEORGETO"/199.5um ORDER.DR1 7-31-" 2 "Registered Owner"), and said bonds shall mature and be payable serially on August 15 in each of the years and in the principal amounts, respectively, as set forth in the following schedules: YEAR AMOUNT YEAR AMOUNT 1996 $25 , 000 2006 $360, 000 1997 25,000 2007 460,000 1998 25,000 2008 490,000 1999 25,000 2009 530,000 2000 35,000 2010 575,000 2001 40,000 2011 665,000 2002 50,000 2012 715,000 2003 50,000 2013 815,000 2004 50,000 2014 850,000 2005 50,000 2015 990,000 The term "Bonds" as used in this Ordinance shall mean and include collectively the bonds initially issued and delivered pursuant to this Ordinance and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "BOND" shall mean any of the Bonds. Section 3. INTEREST. The Bonds scheduled to mature during the years, respectively, set forth below shall bear interest calculated on the basis of a 360-day year composed of twelve 30-day months from the date of delivery of the initial Bonds to specified in the FORM OF BOND set forth in this Ordinance to their respective dates of maturity or earlier redemption at the following rates per annum: YEAR RATE YEAR RATE 1996 % 2006 % 1997 2007 1998 2008 1999 2009 2000 2010 2001 2011 2002 2012 2003 2013 CM0RGET0WN / 1995tML: ORDER. DR 17-31.95 3 2004 2014 2005 2015 Interest shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 4. CHARACTERISTICS OF THE BONDS. Registration, Transfer, Conversion and Exchange; Authentication. (a) The City shall keep or cause to be kept at The Bank of New York, New York, (the "Paying Agent/Registrar") books or records for the regis- tration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein pro- vided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Paying Agent/Registrar shall make a copy of the Registration Books available in the State of Texas. The City shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The City shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. Except as provided in Section 4(c) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so ex- ecuted. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the City or any other body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be printed or typed on paper of customary weight and strength. Pursuant to Article 717k-6, Vernon's Annotated Texas Civil Statutes, as amended, and particularly Section 6 thereof, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said - Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General and registered by the Comptroller GEORGEM" 11993U M: ORDER. DR 17.71-95 4 of Public Accounts. (b) Payment of Bonds and Interest. The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds at its designated payment and transfer office in Houston, Texas, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the past due interest shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Registered Owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (c) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the Registered Owners thereof, (ii) may be converted and exchanged for other Bonds, (iii) may be transferred and assigned, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Bonds shall be payable, and (vii) shall be administered and the Paying Agent/Registrar and the City shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially issued and delivered pursuant to this Ordinance are not required to be, and shall not be, authenti- cated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION Bond, in the form set forth in the FORM OF BOND. (d) Substitute Paying Agent/Registrar. The City covenants with the Registered Owners of the Bonds that at all times while the Bonds are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 30 days written notice to the Paying Agent/Registrar, to be effective at such time which will not disrupt or delay payment on the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be sent by the new CWRCET0"/ 1995LML: ORDER- DR 17-31-95 5 Paying Agent/Registrar to each Registered Owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (e) Book -Entry -Only System. The Bonds issued in exchange for the Bonds initially issued as provided in Section 4(h) shall be issued in the form of a separate single fully registered Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC") and except as provided in subsection (f) hereof, all of the Outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC participants (the "DTC Participant") or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Registered Owner, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any person, other than a Registered Owner, as shown on the Registration Books of any amount with respect to principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, but to the extent permitted by law, the City and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal of and interest, with respect to such Bond, for the purposes of registering transfers with respect to such Bond, and for all other purposes of registering transfers with respect to such Bonds, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the respective Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the City to make payments of principal, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the Registered Owner at the close of business on the Record Date the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (f) Successor Securities Depository; Transfer Outside Book -Entry -Only System. In the event that the City determines to discontinue the book -entry system through DTC or a successor Q_'0ROFT0"/199-$ML: ORDER. DR 17-31-93 6 or DTC determines to discontinue providing its services with respect to the Bonds, the City shall either (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names the Registered Owner transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. (g) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Letter of Representations of the City to DTC attached hereto as Exhibit B. (h) Initial Bonds(s). The Bonds herein authorized shall be initially issued as fully registered Bonds, being one Bond for each maturity in the denomination of the applicable principal amount and the initial Bond(s) shall be registered in the names of the purchaser or the designees thereof as set forth in Section 21 hereof. The initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the purchaser as set forth in Section 21. Immediately after the delivery of the initial Bond(s), the Paying Agent/Registrar shall cancel the initial Bond(s) delivered hereunder and exchange therefor Bonds in the form of a separate single fully registered Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of DTC and except as provided in Section 4(f), all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Section 5. FORM OF BONDS. The form of the Bonds, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. MORGETO"/1993UM: ORDER.DRI 7-31-93 7 FORM OF BOND NO. R- UNITED STATES OF AMERICA PRINCIPAL STATE OF TEXAS AMOUNT COUNTY OF WILLIAMSON CITY OF GEORGETOWN, TEXAS $ UTILITY SYSTEM REVENUE BONDS SERIES 1995A INTEREST DATE OF MATURITY RATE BONDS DATE CUSIP NO. August 15, 1995 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the CITY OF GEORGETOWN, in Williamson County, Texas (the "City"), being a political subdivision of the State of Texas, hereby promises to pay to the registered owner set forth above, or registered assigns (hereinafter called the "Registered Owner") the principal amount set forth above, and to pay interest thereon from the Date of the Bonds set forth above, on February 15, 1996 and semiannually on each August 15 and February 15 thereafter to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; except that if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged or converted from is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the Registered Owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed for its redemption prior to maturity, at The Bank of New York, New York, which is the "Paying Agent/Registrar" for this Bond at their office in Houston, Texas (the "Designated Payment/Transfer Office"). The payment of interest on this Bond shall be made CWRGET0 WN/ 199iUM: ORDER. DR 17-} 1.95 8 by the Paying Agent/Registrar to the Registered Owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the City required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the Registered Owner hereof, at its address as it appeared on the last business day of the month preceding each such date (the "Record Date") on the registration books kept by the Paying Agent/Registrar (the Registration Books"). In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first- class postage prepaid, to the address of each owner of a Bond appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. Notwithstanding the foregoing, during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, payments made to the securities depository, or its nominee, shall be made in accordance with arrangements between the City and the securities depository. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior to maturity as provided herein shall be paid to the Registered Owner upon presentation and surrender of this Bond for redemption and payment at the Designated Payment/Transfer Office of the Paying Agent/Registrar. The City covenants with the Registered Owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund,created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a Series of Bonds dated August 15, 1995, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $6,825,000, for the purpose of paying contractual obligations to be incurred by the City for improvements and extensions to the City's combined electric, water and sewer system including (1) reimbursing the City for acquisition of the Berry Creek Water and Wastewater System, (ii) certain improvements necessary to provide water and wastewater service to the Sun City Georgetown Project including GMRGET'OWN/ 1W5UnL: ORDER. DR 17J I -95 9 reimbursing the City for the costs of certain of such improvements and (iii) payment of professional services including legal, fiscal, architectural, engineering and any costs of issuance including funding a reserve fund. ON AUGUST 15, 2005, or on any date thereafter, the Bonds of this Series maturing on and after August 15, 2006 may be redeemed prior to their scheduled maturities, at the option of the City, with funds derived from any available and lawful source, at par plus accrued interest to the date fixed for redemption as a whole, or in part, and, if in part, in inverse order of stated maturity. NO LESS THAN 30 days prior to the date fixed for any such redemption, the City shall cause the Paying Agent/Registrar to send notice by United States mail, first-class postage prepaid to the Registered Owner of each Bond to be redeemed at its address as it appeared on the Registration Books of the Paying Agent/Registrar at the close of business on the 45th day prior to the redemption date and to major securities depositories, national bond rating agencies and bond information services; provided, however, that the failure to send, mail or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bonds. By the date fixed for any such redemption due provision shall be made with the Paying.Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed. If due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the Registered Owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bonds shall be redeemed a substitute Bonds or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the Registered Owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the Registered Owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Bond Ordinance. DURING ANY PERIOD in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the City and the securities depository. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond may, at the request of the Registered Owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate Registered Owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate Registered Owner, assignee or assignees, as the case may be, upon surrender of this Bond to the GFARGEfOWN/ 1993LML: ORDER. DR 17.31-93 10 Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar at its Designated Payment Transfer Office, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the Registered Owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from .time to time by the Registered Owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Bond or portion thereof will be paid by the City. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date; provided, however, such limitation of transfer shall not be applicable to an exchange by the Registered Owner of the unredeemed balance of the Bond. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the City, resigns, or otherwise ceases to act as such, the City has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the Registered Owners of the Bonds. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law; and that this Bond is a special obligation and this Bond, together with other obligations of the City, is additionally secured by and payable from a first lien on and pledge of the Net Revenues of the City's Utility System, being the combined Waterworks, Sewer and Electric Light System, including all additions, extensions and improvements thereto which may hereafter be made. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue additional parity revenue bonds which also may be made payable from and secured by a lien on and pledge of, the Net Revenues of the Issuer's Utility System in the same manner and to the same extent as this series of Bonds. THE OWNER HEREOF shall never have the right to demand payment of this obligation out of any funds raised by taxation. CMRCETV"/ 1W5U nL: ORDER. DR 1 7J I -" 11 BY BECOMING the Registered Owner of this Bond, the Registered Owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the City, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each Registered Owner hereof and the City. IN WITNESS WHEREOF, the City has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of said City, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Bond. City Secretary (SEAL) GEORGE 1OWN/1993LML: ORDER.DR1 7-31-93 12 Mayor FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for, a bond, bonds, or a portion of a bond or bonds of a Series which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated The Bank of New York, New York Paying Agent/Registrar M Authorized Representative MORGETO"/199SUM: MDER.DRt 7-31.93 13 FORM OF ASSIGNMENT: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code, of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. CWRCE %"/19931ML:ORDER.DRI7.31-93 14 NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, with- out alteration or enlargement or any change whatsoever. FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. DEFINITIONS. As used in this Ordinance, the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: (a) The term "City" or "Issuer" shall mean the City of Georgetown, in Williamson County, Texas. (b) The term "City Council" shall mean the governing body of the City of Georgetown. (c) The term "Bonds" shall mean the City of Georgetown, Texas Utility System Revenue Bonds, Series 1995A, authorized by this Ordinance. (d) The term "Outstanding Bonds" shall mean the Issuer's, Utility System Revenue Bonds, Series 1985, Utility System Revenue Refunding Bonds, Series 1991, Utility System Revenue Bonds, Series 1991 and Utility System Revenue Bonds, Series 1995. (e) The term "Parity Bonds" shall mean, collectively, the Bonds and the .Outstanding Bonds. (f) The term "Additional Bonds" shall mean the additional parity revenue bonds permitted to be issued under the provisions of the ordinances authorizing the Parity Bonds. (g) The terms "Utility System" and "System" shall mean the System created and established for and on behalf of the Issuer under the provisions of the ordinances authorizing the Outstanding Bonds. (h) The terms "Net Revenues" and "Pledged Revenues" shall mean the revenues derived from the operation of the Utility System as such revenues are defined and pledged in Section 10 GE.ORGETONTI/199.ium; ORDER.DRI 7-31-" 15 of the ordinance authorizing the Issuer's Utility System Revenue Bonds, Series 1974. (i) The terms "Utility System Revenue Fund," "Utility System Revenue Bonds Interest and Sinking Fund" or "Interest and Sinking Fund," "Utility System Revenue Bonds Reserve Fund" or "Reserve Fund" and "Utility System Contingency Fund" or "Contingency Fund" shall mean the special funds which the City Council has heretofore created and ordered to be established and maintained for the payment of expenses of operating and maintaining the Utility System, and for the payment of principal of and interest on the Parity Bonds and Additional Bonds outstanding against the Utility System, as hereinafter more specifically stated. Section 7. UTILITY SYSTEM. The Utility System, as created and established by the City Council, is comprised of the entire Waterworks System, Sewer System, and Electric Light System, now owned and operated by the City, together with all improvements, extensions and additions thereto which may be made while any Parity Bonds or Additional Bonds remain outstanding against the System. Such System shall be operated on the basis of a fiscal year commencing on September 1 of each year and ending on August 31 of the following year. Section 8. PLEDGE OF REVENUES. (a) The Bonds herein authorized and the Outstanding Bonds shall be equally and ratably secured by and payable from an irrevocable first lien on and pledge of the income and revenues derived and to be derived from the operation of the System, after deducting therefrom the amounts necessary to pay all operating, maintenance, replacement and betterment charges of the System, as required by Article 1113 of the Revised Civil Statutes of Texas, 1925, as amended, and by other applicable statutes of the State of Texas, and the following sections of this Ordinance are cumulative of, and supplemental to, the pertinent provisions of the ordinances authorizing the Outstanding Bonds. (b) The Bonds are being issued as additional parity revenue bonds, defined as Additional Bonds in the ordinance that authorized the City of Georgetown, Texas Utility System Revenue Bonds, Series 1974, and as defined as Additional Bonds in the ordinances that authorized the issuance, sale and delivery of the Outstanding Bonds. Section 9. MAINTENANCE OF RATES. The City hereby covenants and agrees that it will at all times, while any of the Parity Bonds or any Additional Bonds or any interest thereon, are outstanding and unpaid, charge and collect for services rendered by the System rates sufficient to pay all maintenance, depreciation, replacement, betterment, and interest charges, and to provide an Interest and Sinking Fund sufficient to pay the interest and principal of such Bonds as such interest and principal mature, and any outstanding indebtedness of the System, as is required by applicable statutes of Texas. For the benefit of the original purchasers and all subsequent holders of the Parity Bonds, Additional Bonds, or any part thereof, and in addition to all other provisions and covenants in the laws of the State of Texas, and in this Ordinance, it is expressly covenanted that the City shall fix and maintain rates and collect charges for the facilities and services afforded by the System to the City, and to all other customers, which will provide revenues sufficient at all times: (a) to pay all operating, maintenance and replacement charges of the Utility System, as is required by Article 1113 of the Civil Statutes, as amended, and by other applicable statutes of GEORCETO"/ 1995 UTTL: ORDER. DR 1 7-31-93 16 Section 12. ADDITIONAL BONDS. In addition to the right to issue bonds of inferior lien as authorized by the laws of this State, the City reserves the right to issue Additional Bonds from time to time payable from the net income and revenues of the Utility System; and,' when issued in compliance with law and the terms and conditions hereinafter appearing, such Additional Bonds shall be equally secured by a first lien on and pledge of the Pledged Revenues; and the Additional Bonds, when issued, shall be payable from the Interest and Sinking Fund and shall be in all respects of equal dignity and on a parity with the Parity Bonds, provided, that in each instance, since the City of Georgetown, Texas Utility System Revenue Bonds, Series 1966 and City of Georgetown, Texas Utility System Revenue Bonds, Series 1977 have been duly paid off and retired, the City may issue Additional Bonds on a parity in all respects with the Bonds and Parity Bonds (without impairing the obligation of contract with the holder of the Bonds or obligations hereafter issued on a parity therewith) if the following terms and conditions have been met: (1) the applicable laws of the State of Texas in force at such time provide permission for the issuance of such Bonds; (2) each of the funds, being the Bond Fund, Reserve Fund and Contingency Fund contains the amount of money then required to be on deposit therein; (3) the Net Revenues of the Utility System for either the fiscal year or twelve month period next preceding the date of the ordinance authorizing the issuance of the Additional Bonds are certified by a certified public accountant to have been at least equal to one and one-half times the average annual principal and interest requirement on all Parity Bonds to be outstanding after the issuance of the Additional Bonds; (4) the aggregate amount to be accumulated and maintained in the Reserve Fund shall be not less than the average annual principal and interest requirements 6f all bonds similarly secured, and any additional amount required to be accumulated in the Reserve Fund shall be accumulated therein in not less than five years and one month from the date of the Additional Bonds; and (5) the ordinance authorizing the issuance of Additional Bonds shall provide for an identical flow of funds as prescribed by ordinances authorizing the Parity Bonds. Section 13. MAINTENANCE AND OPERATION. The City hereby covenants and agrees to maintain the facilities of the Utility System in good condition and operate the same in an efficient manner and at a reasonable cost. So long as any Parity Bonds are outstanding, the City covenants and agrees to maintain insurance for the benefit of the holder or holders of such Bonds of the kinds and in the amounts which usually are carried by private companies operating similar properties, and that during such time all policies of insurance shall be maintained in force and kept current as to premium payments. All money received from losses under such insurance policies, other than public liability policies, are hereby pledged as security for such Bonds until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage made within ninety days after the date of loss. The payment of premiums for all insurance policies required under the GEORGET'O"/ 199SU M: ORDER. DR 1 7-11-95 20 provisions hereof shall be considered as a maintenance and operation expense. Section 14. RECORDS AND ACCOUNTS. The City hereby covenants and agrees that so long as any Parity Bonds, or any interest thereon, remain outstanding and unpaid, it will keep and maintain a proper and complete system of records and accounts pertaining to the operation of the Utility System, separate and apart from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to said System as provided in Article 1113, Revised Civil Statutes of Texas, 1925, as amended, and that the holder or holders of any of the Parity Bonds, or any duly authorized agent or agents of such holders shall have the right at all reasonable times to inspect the System and all properties comprising same. The City further agrees that within sixty days following the close of each fiscal year, it will cause an audit of such books and accounts to be made by an independent firm of certified public accountants, showing the receipt and disbursements for account of the Utility System for the fiscal year, and each such audit, in addition to whatever other matters may be thought proper by the certified public accountant, shall particularly include the following: (a) a detailed statement of the income and expenditures of the Utility System for such fiscal year; (b) a balance sheet as of the end of such fiscal year; (c) the certified public accountant's comments regarding the manner in which the City has carries out the requirements of this Ordinance and his recommendations for any changes or improvements in the operation, records and accounts of the Utility System; (d) a list of the insurance policies in force at the end of the fiscal year on the Utility System properties, setting out as to each policy the amount thereof, the risk covered, the name of the insurer, and the policy's expiration date; (e) a list of the securities which have been on deposit as security for the money in the Bond Fund, the Reserve Fund and the Contingency Fund throughout the fiscal year; a list of the securities, if any, in which the Reserve Fund and the Contingency Fund have been invested, and a statement of the manner in which money in the Utility System Revenue Fund has been secured in such fiscal year; (f) the number of metered and unmetered customers connected with the various departments of the Utility System, showing totals as of the end of the year. Expenses incurred in making the audits above required are to be paid as a maintenance and operation expense. Section 15. SALE, LEASE OR OTHER ENCUMBRANCE OF UTILITY SYSTEM. The City hereby covenants, finds and obligates itself not to sell, lease, or in any manner dispose of the Utility System, or any part thereof, including any and all extensions and additions that may be made thereto, until all Bonds shall have been paid in full as to both principal and interest (provided that this covenant shall not be construed to prevent the disposal by the City of property Q?ORCETOWN/1995UM ORDER.DRI 7-51-95 21 which in its judgement has become inexpedient to use in connection with the Utility System when other property of equal value has been substituted therefor). Section 16. NO COMPETING SYSTEM. So far as it legally may, the City covenants and agrees, for the protection and security of the Bonds and the holders thereof, from time to time, that it will not grant a franchise for the operation of any competing waterworks, sewer and/or electric light system in the City, until all Bonds issued hereunder shall have been retired. Section 17. REMEDIES IN EVENT OF DEFAULT. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payment of principal of or interest on any Bonds when due, (b) fails to make the payments required by Section 8 of this Ordinance to be made into the Bond Fund, Reserve Fund and Contingency Fund for the Parity Bonds -or any Additional Bonds, or (c) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the holder or holders of any of the Bonds issued hereunder shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the City Council and other officers of the City to observe and perform any covenant, obligation or condition prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. Section 18. SPECIAL COVENANTS AND CONDITIONS. (a) The City will punctually keep, observe and perform each and every term, covenant and condition on its part to be kept, observed and performed, contained in this Ordinance, and will punctually perform all duties with reference to the Utility System required by the Constitution and laws of the State of Texas, including particularly the making and collecting of such reasonable and sufficient rates and charges for services supplied by the Utility System to the City and to all other customers, adjusting such rates and charges, from time to time, in such manner as will be fully sufficient to meet all the requirements of the ordinances authorizing the Parity Bonds, and the proper segregation and application of the revenues of such System; (b) The City is duly authorized under the laws of the State of Texas to issue the Bonds and to pledge the revenues pledged hereunder, and all necessary action on the part of the City and its City Council for the issuance of the Bonds have been duly and effectively taken, and that the Bonds in the hands of the holders thereof are and will be valid and enforceable obligations of the City in accordance with their terms; (c) The Bonds authorized hereunder shall be special obligations of the City and the holder thereof shall never have the right to demand payment out of funds raised or to be raised by taxation; GEORGUO"i1995U M: ORDER. DR 1 7-31-95 22 (d) Other than for the payment of the Bonds and the Outstanding Bonds, the rents, revenues and income of the Utility System have not been pledged in any manner to the payment of any debt or obligation of the City nor of said System. Section 19. ORDINANCE TO CONSTITUTE CONTRACT. The provisions of this Ordinance shall constitute a contract between the City and the holder or holders of the Bonds, from time to time, and after the issuance of any of the Bonds, no change, variation or alteration of any kind of the provisions of this Ordinance may be made, unless as herein otherwise provided, until all of the Bonds shall have been paid as to both principal and interest. Section 20. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. The City covenants to refrain from any action which would adversely affect, or to take such action as to ensure, the treatment of the Bonds as obligations described in Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the City covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in Section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance, or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of Section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds five percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of five percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of Section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of Section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of Section 141(b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of Section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in Section 148(b)(2) of the Code) which produces a materially higher yield GEORGE M"/ 1995 UTIL: ORDER. DR 1 7-31-95 23 over the term of the Bonds, other than investment property acquired with -- (1) proceeds of the Bonds invested for a reasonable temporary period of three years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of Section 1.148-1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of Section 148 of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of Section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under Section 148(f) of the Code; and In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such Rebate Fund shall not be subject to the claim of any other person, including without limitation the registered owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. For purposes of the foregoing (a) and (b), the City understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the City will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally -recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under Section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the City agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under Section 103 of the Code. In furtherance of the foregoing, the Mayor, the City Manager, and the Director of Finance of the City may execute any certificates or other GEORGETO"/1995U-nL: ORDER.DR1 7 31-93 24 reports required by the Code and make such elections, on behalf of the City, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. The City covenants to comply with the covenants contained in this section after defeasance of the Bonds. Section 21. SALE OF BONDS. The Bonds are hereby sold and shall be delivered to Legg Mason Wood Walker, Inc. and Southwest Securities, Inc. at the price and in accordance with the terms and provisions of a Bond Purchase Contract in substantially the form attached hereto as Exhibit A, which the Mayor of the City is hereby authorized and directed to execute and deliver and the City Secretary is further authorized and directed to attest such agreement. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. The Initial Bonds shall be registered in the name of Legg Mason Wood Walker, Inc. Section 22. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 22., when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment, (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will ensure the availability, without reinvestment, of sufficient money to provide for such payment and when proper arrangements have been made by the City with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable or (3) any combination of (1) and (2). At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged or Net Revenues pledged, as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest thereon with respect to which such money has been so deposited, shall be turned over to the City, or deposited as directed in writing by the City. (c) The term "Government Obligations" as used in this Section, shall mean direct non -callable obligations of the United States of America, including, obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book -entry form. GL'ORGEfO"/ 199jum: ORDER. DR 17-31.93 25 (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 23. CONSTRUCTION FUND. Immediately after the delivery of the Bonds, the City shall cause a Construction Fund to be established with the City's depository bank. The cost of issuance of the Bonds, being legal, fiscal and engineering fees, may be paid from the Fund. The cost of the construction of the System improvements will be paid from this Fund as approved by the City. Section 24. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Bonds shall be used along with other Bond proceeds for the purpose for which the Bonds are issued set forth in Section 1 hereof; provided that after completion of such purpose, if any of such interest earnings remain on hand, such interest earnings. shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on Bond proceeds which are required to be rebated to the United States of America pursuant to Section 20 hereof in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 25. APPROVAL OF PAYING AGENT/REGISTRAR AGREEMENT LETTER OF REPRESENTATIONS, AND OFFICIAL STATEMENT. Attached hereto as Exhibit "B" is a substantially final form of Paying Agent/Registrar Agreement with an attached Letter of Representations. Each the Mayor, the City Manager and the Director of Finance are hereby authorized to amend, complete or modify such agreement and the Letter of Representations as necessary and are further authorized to execute such agreement and the City Secretary is hereby authorized to attest such agreement. The City hereby approves the form and content of the Official Statement relating to the Bonds and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. Section 26. CONTINUING DISCLOSURE UNDERTAKING. (a) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 1996, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 25 of this Ordinance, being the information described in Exhibit C hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide audited financial statements for the applicable fiscal year to each NRMSIR and GEORGEM"/ 1993um: ORDER. DR 1 7-31-9.5 26 any SID, when and if the audit report on such statements become available If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: A. Principal and interest payment delinquencies; B. Non-payment related defaults; C. Unscheduled draws on debt service reserves reflecting financial difficulties; D. Unscheduled draws on credit enhancements reflecting financial difficulties; E. Substitution of credit or liquidity providers, or their failure to perform; F. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; G. Modifications to rights of holders of the Bonds; H. Bond calls; I. Defeasances; J. Release, substitution, or sale of property securing repayment of the Bonds; and K. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with Section 26(a) of this Ordinance by the time required by such Section. (c) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit made in accordance with Section GWRCE-T0WN/1W5UnL: ORDER.= 7•31.95 27 24 that causes the Bonds no longer to be outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consents to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest of the holders and beneficial owners of the Bonds. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with Section 26(a) an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such GEORGETO"/ 1995UM: ORDER. DR 1 7.31 93 28 provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: WSRX means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 27. SEVERABILITY. The provisions of this Ordinance are severable; and in case any one or more of the provisions of this Ordinance or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, the remainder of this Ordinance nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. [the remainder of this page intentionally left blank] GE0RM0" / 199SU nL: ORDER. DR 1 7. } 1-95 29 Section 28. EFFECTIVE DATE. This Ordinance shall become effective upon the final passage of this Ordinance, and no petition was received from the qualified electors of the City protesting the issuance of such Bonds. PASSED AND APPROVED on First Reading on the 8th day of August, 1995. PASSED AND APPROVED on Second Reading on the 22nd day of August, 1995. THE CITY OF GEORGETOWN: By: Leo Wood, Mayor City of Georgetown, Texas ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney GEDRGEl 11993UM ORDER-DR1 7.31-93 30 EXHIBIT B PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of August 15, 1995 (this "Agreement"), by and between the City of Georgetown, Texas (the "Issuer"), and The Bank of New York, New York, a banking corporation duly organized and existing under the laws of the State of New York (the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its Utility System Revenue Bonds, Series 1995 in the aggregate principal amount of $6,825,000 (the "Securities"), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about September 19, 1995: and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof, all in accordance with this Agreement and the "Order" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Order." GFORG01993UM: PAYING.AGR 7/21/93 The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the designated office of the Bank as indicated on the signature page hereof, except that the payment and registration duties of the Bank will be performed from the Bank's designated office located in Houston, Texas. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Fiscal Year" means the fiscal year of the Issuer, ending September 30. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor of the Issuer, any one or more of said officials, delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political GGORGFJ1MUM: PAYING.AGR7/21/95 2 subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Order). "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Order. "Order" means the order, ordinance or resolution of the governing body of the Issuer pursuant to which the Securities are issued, certified by the City Secretary of the Issuer or any other officer of the Issuer and delivered to the Bank. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice-chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfer of the Securities. "Stated Maturity" means the date specified in the Order the principal of a Security is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," Issuer," and Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon GEORGIJ199jum: PAYING.AGR 7/21/9S 3 surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States Mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Order. ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Deal- ers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re - registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be canceled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. GEORGUI99SU'nL: PAYING.AGR7/21/95 4 Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Canceled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. GGGRGU' 1993U71L: PAYING.AGR 7/•21/9S 5 In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the GEORGE 199}UM: PAYING.AGR 7/1l/93 6 foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (0 The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank. The Bank shall deposit any moneys received from the Issuer into a trust account to be held in a fiduciary capacity for the payment of the Securities, with such moneys in the account that exceed the deposit insurance available to the Issuer by the Federal Deposit Insurance Corporation, to be fully collateralized with securities or obligations that are eligible under the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for trust accounts until the principal and interest on such securities have been presented for payment and paid to the owner thereof. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. Subject to the Unclaimed Property Law of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after the final maturity of the Security has become due and payable will be paid by the Bank to the Issuer if the Issuer so elects, and the Holder of such Security shall hereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such monies shall thereupon cease. If the Issuer does not elect, the Bank is GF.ORGF/1995U77L: PAYING.AGR7R1/95 7 directed to report and dispose of the funds in compliance with Title Six of the Texas Property Code, as amended. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. Depository Trust Company Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements," effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ' Attached hereto is a copy of the Letter of Representations with The Depository Trust Company. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. GGORGE/1993UT1L: PAYING.AGR 7/21/95 8 Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page of this Agreement. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Order constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Order, the Order shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. GEORGE/1 MUM: PAYING.AGR 7/21 /95 9 Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon thirty (30) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. GEORGE/1993UM: PAYING.AGR7/11/93 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE BANK OF NEW YORK, NEW YORK a Title 10161 Centurion Parkway, 3rd Floor Tower Marc Plaza Jacksonville, Florida 32256 Attest: Title [BANK SEAL] CITY OF GEORGETOWN, TEXAS I:A Mayor 113 East 8th Street, Georgetown, Texas 78627 [ISSUER SEAL] Attest: City Secretary GP.ORGE/1993U'nIL: PAYING.AGR7/21/93 11 SCHEDULE A Paying Agent/Registrar Fee Schedule Acceptance Fee Annual Administration Fee GEORGE/1995UTTL: PAY[NG.AGR 7/Il/93 Letter of Representations (�l:unr of Issocrl (Name uFAgent l Attention: Ceneral Counsel's Office The Depository Trust Company .» Water Street: 49th Floor N ew Yo rk, N Y 10041-0099 Re: (lssnr Drsrriptim" Ladies and Centlemen: '• (Oatr) This letter sets fortli our witl► respect to certain In,ttters relating to the above -referenced issue (the "Bonds"). A(eltt \\ill act ay trustee. pa\iw agent, fiscal went• or ether ;gent of Issuer with respect to the Bonds. The Bonds \,III be issued pursuant to a trust indenhlre. bond resolution. or other such (lOc'ument authorizing the issuance of the Bonds d.tted (the-Docltrlle lC). r 'l irrlr•r.�nl�•r •� is clistributill�; thl.' 1 raids tllrou,,,h "I'hr• L)l'(�ositor�Tnut O)II1O;tll\ To i11CIIl( l' I).(.0 to ;Ict'c�l�t •thl� l3l►Ilcls ;ts r li+;ihlC I�,r cic'(�osI at I�"I C:. ;►n() to -10 ill ;Ic:[ r,rtl,►Ill.r.' \\'Itll Its RIIIL.s witll to Hit., Ill►rl(Is. ;ll1Cl :��1'llt. I( :Itl\', Ill;lhe till' hdltm III', rc'(tn.'sciit;ltimis to I),rc: 1. l'liol• to closing on the Bonds ()I► , 1,99--, there shall he dCrX)sitCd with OTC one Bond certif iscite rcgristcrcd ill th(' mule Of OTC s nomince, Cede & Co., li)r each statcd matlll'lty of (It(. Bonds ill the i;Ice alllO1111ts s(-t IOrtll ()ll SCllt'(llll(.' A 11CI 'tO, the total of which r(,presetits 100% of the prirtcil);ll ;ll►1011llt Of such Bonds. [f, hOwcver, the aggregnte principal mliollnt of any maturity exceeds $ L50 million, one certiricate \gill J)e issrlecl with respect t0 each S 150 million of principal ;lmotillt and all additional certificate will be issued with respect to -tiny remaining principal amount. Each $ L50 million Bond certificate shall bear the fi)IlOwing legend: Unless this certificate is presented by -till authorized rep reset itative ofThe Depository Trust Company, a New York coi-ponition ("DTC"), to [ssuer or itsagent for rebristration of transfer, )►ent, and any celtillcate issued is registered ill the n-tulle of Cede & Co. or in exchange, or pa» such Other name as is re(luested b,-till authorize�eI representative of DTC (;Ind any payment is mule to Cede & Co. or to such other entity ;Ls is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE. OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner Hereof, Cede & Co., h;Ls an interest hereili. 2. In the event of any solicitation of consents From or �•oting by holders of the Bonds, Issuer or Agent shall establish a record date For such purposes (with no prosision for revocation of consents or votes by subsequent holders) and shall, to the extent possible, send notice of such record date to DTC not less than 15 calendar days in acly ance of such record date. 3. In the event of a full or pw-did redemption or an advance refunding of part of the outstanding Bonds, Issuer or Agent shall send a notice to DTC speciRing: (a) the amount of the redemption or refunding; (b) in the case of a refunding. the maturity date(s) established under the refunding; and (c) the date such notice is to be mailed to beneficial ov,,ners or published (the 'Publication Date"). Such notice shall be sent to DTC by a secure mewls (e.g., legible telecopy, registered or certified mail, Overnight delivery) in a timely manner designed to assure that such notice is in DTC's possession no litter than the close of business on the b(lsiness clay before the Publication Date. Issuer or Agent shall forward such notice either in a separate secure transmission for each CUSIP number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a manifest or list of each CUSIP submitted in that transmission. (The p;ut�• sending such notice shall have a niediod to verify subsequend-V the use of such mewls and the timeliness of such notice.) The Publication Date sha11 be not less than 30 da%-s nor more than 60 days prior to the redemption date or, in the case of an advance refundina. the date that the proceeds are deposited in escrow. 4. [it the event of all in�ituti011 to tc licit r the Bonds. notice 1) Issuer or Aur lit to Bonclliolders specihing the temis of the tender an(1 the Publication Date of such notice shall be sent to DTC b�� ;t secure means in the, manner set Forth in the preceding Paragraph. 5. A11 notices :tncl pav)nent advices sent to DTC shall contain the CUSIP number of the Bonds. 6. Notices to DTC pursuant to Paragraph ? by telecop\- shall be sent to.DTCS Reorganii•ition Department at (? 12) 709-6896 or (212) 709-689 i , ;ind receipt of' such notices shall br (:onflniied I)%. telephoning ('? 1?) 709-6.70. Nodccs to ITC, pi)rslt;ult t0 Pztr gr;rph ? b`- in, -ill or by am rrth(-r II►CMI.S sh;Ill be sent to: r-vlsr)r: I'rr►\% li��rrr�;trill;ltirin I�(�p,rrtrn(�rrt Tile I�epOsitun Irrr�t (:r)rrlp;rrl. i i i:ulrlvrr 5rl mr(•: 23rrl F km- '\.1(-w York. Nl' IH(A).1-_W).i 7. Notic•es to I)'m ptirsmint to Panigniph :1 by tc•Ic•copy sh;cll hc- .sent to arcs Call Notification Department at (516) 2 i -416 4 or (516) 227 -41 `X). [I'the harts sc•t►clin}; the notiCe (IMS not rrc•civC ;I telecopy receipt fr•crnn DTC wtirnt►ing that tl►(- notice h;►.s teen received, such hurt' Shall w1cphone (SIC) 227-4070. Notices to DTC purmr;uit to ll-arngraph :3 by mail or by any other rnc;urs Shall he Sant to: Cull Notification Do.-partment The DepositoryTrost Compairy 711 Stewart Avenue Carden City, NY 115:30-4 7 19 8. Notices to DTC pursu;urt to Paragraph 4 and notices ol' other actions (including; mandatory tenders, exchanges. and capital changes) by tc lecopy shall he sent to DTC's Reorganization Department at (212) -109-109:3 or (212) 709-1094, anti receipt of such notices shell be coilfinned by telephoning (212) 709-6884. Notices to DTC pursuant to the above by mail or by any other means sh;>ll be sent to: Manager, Reorganization Department Reorganiization Window The Depository Trust Company "r Hano-ver Square; 2:3rd Floor New fork, NY 10004-2695 9. Transactions in die Bonds shall be eli`nble for next -day funds settlement in DTC's Next -Day Funds Settlement ("N DFS") system. A. Interest pay--inents sha>11 be received by Cede & Co., as nominee of DTC, or its registered assigns in next -day funds on each payment date (or the equivalent in accordance with existing arrangements between Issuer or Agent and DTC). Such payments shall be made payable to the order of Cede & Co. Absent alr�• other existing arrangements such pa inents shall be addressed as follows: Manager: Cash Receipts Dividend Department The Depository Trust Company Hanover Square: 2-4th Floor New York, NY 10004-2695 B. Principal pa. -meats shall be received In• Cede & Co.. X; nolninee of DTC. or its registered assi'ns in next -day• funds on each payment date (or the e(luix-alent in accordance kith existing arrangements between Issuer or Agent ur►d DTC). Slic:ll pa\,ineuts shall be made payable to the order ol'Cede & Co.. ;uid Shull I)(.' addressed ;t_s fi�llM S N DFS Rede►1iption Department The Depository Trust Company S•3 Water Street: 50th Floor New York, NY 1(X)41-0099 10. DTC may direct lsstier or Agent to else .Inv other tek.-phone 111.1mix•r or address ;is thc' 111►mber or address to which iloticcs or pa.\Il►el►ts of or pfi►lo..-T. 1 I►l:a.v be Sant. L 1. Ili thc cvciit (da wo.1c•rliptimi. acccicraboii. r►r I-m. other siiliilar tr:ulsachmi tc'11(1(1r Ilr•idt. ;u1cl :Iccc litc'cl ill ivsliollsc: to Issitcr's or Agent's ilivit:Itioll) r1('cc ssit;itiiiti ;1 rvdiictioii ill the :L rc ;ltc Imilc•ipal ;1111(milt ()I' B()llds outstanding or .111 adallcv n.-hindiiv, ill* part c►f' the 13(►Iids olrtst.mdlll�. OTC. its clisc'rc troll: (a) imiv rc•(Ilic'st issiwi, ()r Alr(:11t lc► 1ss(1c• ;Hied ;mthc'liticatc a ll(•\v Doric c( rtilicat('. or (h) mar 11 akc• ;ui ;II►I►rr,Iiri;it( ii(,t,Iti(,II ()l1 th(• IS(,lld (VItilic':111' illdW.itill" 011, cl;it(' Auld .(llmillit ol* slic•h 1-11(locti(►Il ill pl-III(JI);11 ill c\hic-h (.':Iti(' th'. (.'l'Itllll'at(' \\Ill I,(' pl-c 'llird l(► (\1111'r (,1 .���'llr I,II(,f ll, Ii;l�lllt'llt 11 Il'(I1111','ll. 12. in the,. t.�vrut that Issuer detenuines that heneftcial ()\%ilers of Bonds shall he able to obtain crttificate(l Bonds, Issuer or Agent shall notify i),rc of the availability of Band certificates. In such event, Iss►ter or Agent shall issue, transfer, and exchange Bond certificates in appropriate amounts, ;Lti required b\DTC and others. 13. DTC may discontinue pmviding its services m securities depository with respect to the Bonds at any dine by giving m.isonable notice to Issuer or Agent (at which time DTC will confirm with Issue►• or Agent the aggregate principal amount of Bonds outstanding). Under such circumstances, at DTC's request Issuer and Agent shall cooperate fully with DTC by taking ;appropriate action to make available one or more separate certificates evidencing Bonds to an% DTC Participant haOilg Bonds credited to its DTC accomits. 14. Nothing herein shell be deemed to require Agent to advance Fund., on beh;df of Issuer. Notes Very tnily yours, A. If there: is an Agent (as defined in this Letter of Rep resyitatiotLil, Agent is well :is Issuer mmst sign this Letter. If diere is no Agent. iti Niplinty, this Letter Issuer itself mickruk-es to periomi ;dl ofldie oliligatiolts set forth herein. B. Under Rades of die Mmki1xd Securities RidenialiriG B(xuxi R L•ttinG to---xxxt de[iverv-, a mucvcip:d seecurides de,,der must be ble'to clrtenninr die c6te that a notice of :t [zuti:d atll or of ma-.uice rrfwidijiG of :a fxut cif :ui issaar is published (die "pubLiaation (L•ate'"l."Me establishment of such a publacution date is addressed ui Paragmgih 3 of die Letter. C. Schedule B contains statements that DTC believes xturateh• describe DTC, the mediod of of cct rig book- entn• tr:uufers of securities distributed thrtmigh 917C.:uid entrain m6tml matters. Received and accepted: THE DEPOSITORY TRUST COMPANY B%-: 0whurizc•d Ofiicrrt Cc: l; ncla•r\%-Htrr UmIt-m riterc Unmsrl B %- Br Issuer) Authurizrd Ofrmvrs SiGnuture) -agent) Authorized Officer's SiGunturr) 8. Princip3l and interest payments on the Securities will be made to OTC. OTC's practice is to credit Direct Participants' accounts on payable date in accordance with their respective holdings shown on OTC's records unless OTC has reason to believe that it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of OTC, the Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to OTC is the responsibility of the Issuer or the Agent, disbursement of such payments to Direct Participants shall be the responsibility of OTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. (9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its Participant, to the (Tender/Remarketing I Agent, and shall effect delivery of such Securities by causing the Direct Participant to transfer the Participant's interest in the Securities, on OTC's records, to the [Tender/Remarketing) Agent. The requirement for physical delivery of Securities in connection with a demand for purchase or a mandatory purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on OTC's records.] 10. OTC may discontinue providing its services as securities depository with respect to the Securities at any time by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Security certificates are required to be printed and delivered. 11. The Issuer may decide to discontinue use of the system of book -entry transfers through OTC (or a successor securities depository). In that event, Security certificates will be printed and delivered. 12. The information in this section concerning DTC and OTC's book -entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. 1. This Rider supersedes any contradictory language set forth in the Letter of Representations to which it is appended. 2. With respect to principal and income payments in the Securities: A. DTC shall receive all dividend and interest payments on payable . date in same -day funds by 2:30 p.m. ET (Eastern Time). B. Issuer agrees that it or Agent shall provide dividend and interest payment information to a standard announcement service subscribed to by DTC. In the unlikely event that no such service exists, Issuer agrees that it or Agent shall provide this information directly to DTC in advance of the dividend or interest record date as soon as the information is available. This information should be conveyed directly to DTC electronically. If electronic transmission is not possible, such information should be conveyed by telephone or facsimile transmission to: The Depository Trust Company Manager, Announcements Dividend Department 7 Hanover Square, 22nd Floor New York, NY .10004 Phone: (212) 709-1270 Fax: (212) 709-1723, 1686 C. Issuer agrees that for dividend and interest payments, it or Agent shall provide automated notification of CUSIP-level detail to the depository no later than noon ET on the payment date. D. DTC shall receive maturity and redemption payments and CUSIP- level detail on the payable date in same -day funds by 2:30 p.m. ET. Absent any other arrangements between Agent and DTC, such payments shall be wired according to the following instructions: Its/I 1WO;j Chemical Bank ABA 021000128 For credit to A/C Depository Trust Company Redemption Account 066-027306 in accordance with existing SDFS payment procedures in the manner set forth in DTC's SDFS Paying Agent Operating Procedures a copy of which has previously been furnished to Agent. E. DTC shall receive all other payments and CUSIP-level detail resulting from corporate actions (such as tender offers or mergers) on the first payable date in same -day funds by 2:30 p.m. ET. Absent any other arrangements between the Agent and DTC, such payments shall be wired to the following address: Chemical Bank ABA 021000128 For credit to A/C Depository Trust Company Reorganization Account 066-027608 l01/941 Council Meeting Date: August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBTECT Ordinance authorizing the issuance of the City of Georgetown, Texas General Obligation Refunding Bonds, Series 1995. Second Reading. ITEM SUMMARY This is the second reading of the ordinance required for the issuance of approximately $1,3 80,000 General Obligation Refunding Bonds. The bid price for these bonds will not be known until just prior to the August 22, 1995 council meeting; therefore, information required for certain portions of the ordinance and exhibit cannot be completed until that time... The favorable market interest rates and limited issuance coasts will reduce the City's debt service payments by approximately $81,610 over the next eight years. Proceeds of the bonds will be used to refinance portions of the City's Series 1986 General Obligation Bonds and Series 1985 Combination Tax and Revenue Certificates of Obligation. SPECIAL CONSIDERATIONS FINANCIAL IMPACT Interest rates and the exact issuance amount on the bonds will not be known until the bids are received. Garry Kimball, First Southwest Company, will have a brief presentation on the bond pricing received and the affect of the bond rating upgrade. COMMENTS The ordinance has been prepared by McCall, Parkhurst and Horton, the City's bond attorney. ATTACHMENTS Proposed Ordinance Preliminary Official Statement Submitted By: Susan L. Morgan, Director of Finance and Administration Bob Hart, City Manager YEARS AMOUNTS YEARS AMOUNTS 1996 $85,000 2000 $135,000 1997 135,000 2001 135,000 1998 145,000 2002 300,000 1999 140,000 2003 300,000 The term "Bonds" as used in this Ordinance shall mean and include collectively the bonds initially issued and delivered pursuant to this Ordinance and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. Section 3. INTEREST. The Bonds scheduled to mature during the years, respectively, set forth below shall bear interest from the dates specified in the FORM OF BOND set forth in this Ordinance to their respective dates of maturity at the following rates per annum: YEARS RATES YEARS RATES 1996 3.90 % 2000 4.60 % 1997 4.15 2001 4.75 1998 4.30 2002 4.90 1999 4.45 2003 5.00 Interest shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 4. CHARACTERISTICS OF THE BONDS. (a) Registration, Transfer, Conversion and Exchange; Authentication. The City shall keep or cause to be kept at The Bank of New York, New York, Houston, Texas (the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein pro- vided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The City shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their GEORGETOWN/GO: ORDINANC.AUT 9/21/95 4 so Ordinance No. s4f 01-� ? ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF GEORGETOWN, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1995; LEVYING AN AD VALOREM TAX IN SUPPORT OF ONDS; APPROVING AN OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT, AN ESCROW AGREEMENT, AND A PAYING AGENT/REGISTRAR AGREEMENT; MAKING CERTAIN CONTINUING DISCLOSURE COVENANTS UNDER RULE 15C2-12; CALLING CERTAIN OBLIGATIONS FOR REDEMPTION AND ORDAINING OTHER MATTERS RELATING TO THE ISSUANCE OF THE BONDS THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN § WHEREAS, the City of Georgetown, Texas (the "City") has duly issued and there is now outstanding the following bonds, notes and certificates of obligation: City of Georgetown, Texas Combination Tax and Utility System Revenue Certificates of Obligation, Series 1985 dated May 1, 1985 currently outstanding in the aggregate principal amount of $60,000 maturing on May 1 of 1996 (the "Series 1985 Certificates of Obligation"); City of Georgetown, Texas General Obligation Bonds, Series 1986 dated June 1, 1986 currently outstanding in the aggregate principal amount of $1,305,000 maturing on August 1 of the years 1995 through 2003, both inclusive (the "Series 1986 Bonds"); City of Georgetown, Texas General Obligation Refunding Bonds, Series 1991 dated October 1, 1991 currently outstanding in the aggregate principal amount of $1,540,000 maturing on August 1 of the years 1995 through 2001, both inclusive (the "Series 1991 Bonds"); City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1992 dated July 1, 1992 currently outstanding in the aggregate principal amount of $1,525,000 maturing on August 1 of the years 1995 through 2004, both inclusive (the "Series 1992 Certificates of Obligation"); City of Georgetown, Texas Limited Tax Notes, Series 1994 dated November 1, 1994 currently outstanding in the aggregate principal amount of $685,000 maturing on August 15 of the years 1996 through 2001, both inclusive (the "Series 1994 Notes"); GEOR ,-Erowxioo: ORDINANCAL nnirvs City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1994 dated July 1, 1994 currently outstanding in the aggregate principal amount of $1,750,000, maturing on August 15 of the years 1995 through 2009, both inclusive (the "Series 1994 Certificates of Obligation"); and WHEREAS, the City now desires to refund the Series 1986 Bonds maturing in the years 1997 through 2003 in the aggregate principal amount of $1,210,000 and the Series 1985 Certificates of Obligations maturing in the year 1996 in the aggregate principal amount of $60,000 (collectively, the "Refunded Obligations"); and WHEREAS, the City Council of the City deems it advisable to refund the Refunded Obligations in order to achieve a present value savings of approximately $ and an overall savings of $ ; and WHEREAS, Article 717k, Texas Annotated Revised Civil Statutes, as amended ( "Article 717k") authorizes the City to issue refunding bonds and to deposit the proceeds from the sale thereof together with any other available funds or resources, directly with a place of payment (paying agent) for the Refunded Obligations, and such deposit, if made before such payment dates, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, Article 717k further authorizes the City to enter into an escrow agreement with a paying agent for the Refunded Obligations with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the City and such paying agent may agree, provided that such deposits may be invested and reinvested in direct obligations of the United States of America including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and which shall mature and bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment or prepayment of the Refunded Obligations; and WHEREAS, the Escrow Agreement hereinafter authorized, constitutes an agreement of the kind authorized and permitted by said Article 717k; and WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bonds hereinafter authorized; and WHEREAS, the City deems it appropriate to call for redemption the following Refunded Obligations: GF.ORGEM"JCO: OiMMMCAM/31M 2 REFUNDED OBLIGATION REDEMPTION DATE REDEMPTION PRICE Series 1985 Certificates maturing November 1, 1995 Par May 1, 1996 Series 1986 Bonds maturing on August 1, 1996 Par August 1 in each of the years 1997 through 2003, both inclusive NOW, TI:REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TBE CITY OF GEORGETOWN, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS AND CENTURY PLAN. (a) Recitals, Amount and Purpose. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this section. The bond or bonds of the City of Georgetown, Texas (the "City") are hereby authorized to be issued and delivered in the aggregate principal amount of $ , for the purpose of providing funds to refund the Refunded Obligations and to pay the costs of issuance in connection with the Bonds. (b) Century Plan The City hereby finds that the issuance of the Bonds implements Finance Policy 4 of the Century Plan - Policy Plan Element, which states; "The City shall develop a strategy to provide sufficient financial resources, for both short term and long term needs", and Economic Development Policy which states "The City will encourage diversified growth and promote business opportunities to create jobs, broaden the tax base, and minimize the impact of economic fluctuation"; and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. DESIGNATION, DATE, DENONJINATIONS, NUMBERS AND MATURITIES OF BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF GEORGETOWN, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 1995 and initially there shall be issued, sold, and delivered hereunder fully registered bonds, without interest coupons, dated August 15, 1995, in the respective denominations and principal amounts hereinafter stated, numbered consecutively from R-1 upward (except the initial Bonds submitted to the Attorney General of the State of Texas which will be numbered T-1 upward), payable to the respective initial registered owners thereof (as designated in Section 11 hereof), or to the registered assignee or assignees of the Bonds or any portion or portions thereof (in each case, the Registered Owner"), and the Bonds shall mature and be payable serially on August 1 in each of the years and in the principal amounts, respectively, as set forth in the following schedule: C 0RGM'0WQ,OO:0JWWMc.wvr/31M 3 YEARS AMOUNTS YEARS AMOUNTS 1996 $ 2000 $ 1997 2001 1998 2002 1999 2003 The term "Bonds" as used in this Ordinance shall mean and include collectively the bonds initially issued and delivered pursuant to this Ordinance and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. Section 3. INTEREST. The Bonds scheduled to mature during the years, respectively, set forth below shall bear interest from the dates specified in the FORM OF BOND set forth in this Ordinance to their respective dates of maturity at the following rates per annum: YEARS 1996 1997 1998 1999 RATES YEARS 2000 2001 2002 2003 RATES Interest shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 4. CHARACTERISTICS OF THE BONDS. (a) _Registration, Transfer, Conversion and Exchange; Authentication. The City shall keep or cause to be kept at The Bank of New York, New York, Houston, Texas (the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein pro- vided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The City shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep GEORGETOWNIGO:ORDINANC LM/31/95 4 the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Paying Agent/Registrar shall make a copy of the Registration Books available in the State of Texas. The City shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. Except as provided in Section 4(c) hereof, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the City or any other body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and the Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Article 717k-6, Texas Annotated Revised Civil Statutes, as amended, and particularly Section 6 thereof, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (b) Payment of Bonds and Interest. The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Registered Owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (c) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the Registered Owners thereof, (ii) may be transferred and assigned, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Bonds shall be payable, and (vii) shall be (EORGETMN/OD: ORDINANC.AM/31 M 5 administered and the Paying Agent/Registrar and the City shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially issued and delivered pursuant to this Ordinance are not required to be, and shall not be, authenti- cated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF BOND. (d) Substitute Paying Agent/Registrar. The City covenants with the Registered Owners of the Bonds that at all times while the Bonds are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 30 days written notice to the Paying Agent/Registrar, to be effective at such time which will not disrupt or delay payment on the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each Registered Owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (e) Book -Entry -Only System. The Bonds issued in exchange for the Bonds initially issued as provided in Section 4(h) shall be issued in the form of a separate single fully registered Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC") and except as provided in subsection (f) hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC participants (the "DTC Participant") or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC GE'ORGFTOWN/m: ORDENANC.A=13I M 6 Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Registered Owner, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any person, other than a Registered Owner, as shown on the Registration Books of any amount with respect to principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, but to the extent permitted by law, the City and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal of and interest, with respect to such Bond, for the purposes of registering transfers with respect to such Bond, and for all other purposes of registering transfers with respect to such Bonds, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the respective Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the City to make payments of principal, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record Date the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (fl Successor Securities Depository; Transfer Outside Book -Entry -Only System. In the event that the City determines to discontinue the book -entry system through DTC or a successor or DTC determines to discontinue providing its services with respect to the Bond, the City shall either (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names the Registered Owner transferring or exchanging Bond shall designate, in accordance with the provisions* of this Ordinance. (g) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co.,, as nominee of DTC, all payments with respect to principal of, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Letter of Representations of the City to DTC. (h) Initial Bonds(s). The Bonds herein authorized shall be initially issued as fully registered Bonds, being one Bond for each maturity in the denomination of the applicable principal amount and the initial Bond(s) shall be registered in the names of the underwriter or the GWRGEtV"/Go: MODIAvCAM/31M 7 designees thereof as set forth in Section 12 hereof. The initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the underwriter as set forth in Section 12. Immediately after the delivery of the initial Bond(s), the Paying Agent/Registrar shall cancel the initial Bond(s) delivered hereunder and exchange therefor Bonds in the form of a separate single fully registered Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of DTC and except as provided in Section 4(f), all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Section 5. FORM OF BONDS. The form of the Bonds, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance including any reproduction of an opinion of counsel and information regarding the issuance of any bond insurance policy. NO. R- INTEREST RATE FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS WILLIAMSON COUNTY CITY OF GEORGETOWN, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 1995 DATE OF BONDS August 15, 1995 REGISTERED OWNER: PRINCIPAL AMOUNT: MATURITY DATE PRINCIPAL AMOUNT CUSIP NO. DOLLARS ON THE MATURITY DATE specified above, CITY OF GEORGETOWN, TEXAS in Williamson County, Texas (the "City"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the Registered Owner,) the principal amount set forth above, and to pay interest thereon from August 15, 1995, on February 1, 1996 and semiannually thereafter on each August 1 and February 1 to the maturity date specified above, or the date of redemption prior to maturity, at CWRGVVWN/O0:0JWW NC.A[Tf7/31M 8 the interest rate per annum specified above calculated on the basis of a 360-day year of twelve 30- day months; except that if this Bond is required to be authenticated and the date of its authenti- cation is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged or converted from is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the Registered Owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at The Bank of New York, New York (the "Paying Agent/Registrar") at their office for payment in Houston, Texas (the "Designated Payment/Transfer Office"). The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the Registered Owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the City required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the Registered Owner hereof, at its address as it appeared on the last business day of the month next preceding each such date (the "Record Date") on the registration books kept by the Paying Agent/Registrar (the "Registration Books"). In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "'Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first- class postage prepaid, to the address of each owner of a Bond appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. ANY ACCRUED INTEREST due at maturity as provided herein shall be paid to the Registered Owner upon presentation and surrender of this Bond for payment at the Designated Payment/Transfer Office of the Paying Agent/Registrar. The City covenants with the Registered Owner of this Bond that on or before each payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created b, the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the GEORGETO /Go:0JMU NC_At /31M 9 principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a series of Bonds dated August 15, 1995, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $1,380,000 FOR THE PURPOSE OF REFUNDING CERTAIN PORTIONS OF THE CITY' S OUTSTANDING GENERAL OBLIGATION DEBT AND TO PAY THE COST OF ISSUANCE IN CONNECTION WITH THE BONDS. THE BONDS are not subject to optional redemption prior to their stated maturities. ALL BONDS OF THIS SERIES are issuable solely as fully registered Bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the Registered Owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered Bonds, without interest coupons, payable to the appropriate Registered Owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate Registered Owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are°to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the Registered Owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the Registered Owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Bond or portion thereof will be paid by the City. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange during the period commencing on the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the City, resigns, or otherwise ceases to act as such, the City has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the Registered Owners of the Bonds. GEoR ,GO: ORDINANCAMM M 10 IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due, and as such principal matures, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limit prescribed by law. BY BECOMING the Registered Owner of this Bond, the Registered Owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the City, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each Registered Owner hereof and the City. IN WITNESS WHEREOF, the City has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Bond. City Secretary [CITY SEAL] Mayor MOR ,00:OMMMC.AVf7/31M 11 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a Series which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated I2 The Bank of New York, New York Paying Agent/Registrar Authorized Representative CMORCETO",GO: oRoRjANC.,tM/3jjq5 12 FORM OF ASSIGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code, of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, with- out alteration or enlargement or any change whatsoever. MOA ,Go: oPMANC-ALMn1M 13 FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGIS17ER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public; Accounts of the State of Texas [COMPTROLLER'S SEAL] Section 6. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of the Bonds as such principal matures (but never less than 2 % of the original principal amount of the Bonds as a sinking fund each year); and the tax shall be based on the latest approved tax rolls of the City, with full ;'llowance being made for tax delinquencies and the cost of tax collection. The rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the City for each year while any of the Bonds or interest thereon are outstanding and unpaid; and the tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 7. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond"') within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 7, when payment of the principal of such Bond, plus interest thereon to the due date either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment, (2) Government Obligations which mature as to principal and interest in such C;EOR ,GO: 01MIN,NCALnn1195 14 amounts and at such times as will ensure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the City with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable or (3) any combination of (1) and (2). At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Gbvernment Obligations received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City, or deposited as directed in writing by the City. (c) The term "Government Obligations" as used in this Section, shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book - entry form. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and de- livered, a new Bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the Registered Owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the Registered Owner applying for a replacement bond shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the Registered Owner shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the Registered Owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. GWRGrrO",(;D: o C.ALMn1M 15 (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge the Registered Owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Section 6 of Article 717k-6, Texas Revised Civil Statutes Annotated, as amended, this Section 8 of this Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity of further action by the governing body of the City or any other body or person, and the duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 4(a) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED. The President of the Board of the City is hereby authorized to have control of the Bonds initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal of the Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the City's Bond Counsel and the assigned CUSIP numbers may, at the option of the City, be printed on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the Registered Owners of the Bonds. In addition, if bond insurance or other credit enhancement is obtained, the Bonds may bear an appropriate legend. Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. The City covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In GEORGETO"/OD: ORDUMNC.AU77/31/95 16 furtherance thereof, the City covenants as follows: (a) to take any action to assure that no more than 10 percent. of the proceeds of the Bonds or the project financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contraven- tion of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate, " within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; CFOR(ETO"/GO: ORDINANC-AU P/31M 17 (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the Excess Earnings, within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. For purposes of the foregoing (a) and (b), the City understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any, regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the City will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the City agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. Section 11. SALE OF BONDS. The Bonds are hereby sold and shall be delivered to Southwest Securities, Inc. (the "Underwriter"), at a price of $ plus accrued interest to date of deliver y, an original issue discount of $ and an Underwriter's discount of $ pursuant to the terms and provisions of a Purchase Agreement in substantially the form attached hereto as Exhibit "A", which the Mayor of the City is hereby authorized and directed to execute and deliver and which the City Secretary is hereby authorized and directed to attest. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. The initial Bonds shall be registered in the name of Southwest Securities, Inc.. Section 12. APPROVAL OF OFFICIAL STATEMENT. The City hereby approves the form and content of the Official Statement relating to the Bonds and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering GWA ,G0: oPMANCAUTY31 M 18 of the Bonds by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. Section 13. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. The Mayor of the City is hereby authorized and directed to execute and deliver and the City Secretary of the City is hereby authorized and directed to attest an Escrow Agreement in substantially the form attached hereto as Exhibit "B". In Addition, the Mayor, City Manager and Director of Finance are each hereby authorized to execute such subscriptions or other documentation for the purchase of United States Treasury Securities, and to authorize the transfer of such funds of the City, as may be necessary for the Escrow Fund. Section 14. APPROVAL OF PAYING AGENT/REGISTRAR AGREEMENT AND LETTER OF REPRESENTATIONS. Attached hereto as Exhibit "C" is a substantially final form of the Paying Agent/Registrar Agreement with an attached Letter of Representations. Each of the Mayor, City Manager and Director of Finance are hereby authorized to amend, complete or modify such agreement and the Letter of Representations as necessary and are further authorized to execute such agreement and the City Secretary is hereby authorized to attest such agreement. Section 15. NOTICE OF REDEMPTION. Attached to this Ordinance, as Exhibit "D", and made a part hereof for all purposes, are copies of notices of deposit and prior redemption for the Refunded Obligations in substantially final form and such Refunded Obligations described in said notices of prior redemption are hereby called for redemption and shall be redeemed prior to maturity on the dates, places, and at the prices set forth therein. The Mayor, City Manager and Director of Finance are each hereby authorized to amend, complete or modify such notices as necessary to call such Refunded Obligations for redemption. Section 17. NOTICE TO PAYING AGENT. The Refunded Obligations described in Exhibit "D" attached hereto are so called for redemption, and the respective paying agents for the Refunded Obligations are hereby directed to make appropriate arrangements so that such Refunded Bonds may be redeemed on the respective redemption dates. A copy of such notice of redemption shall be delivered to the respective paying agents so mentioned in the notices. Section 18. CONTENUING DISCLOSURE UNDERTAKING. (a) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six: months after the end of each fiscal year ending in or after 1996, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 12 of this Ordinance, being the information described in Exhibit E hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit E hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during, which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. CWRCLrfON /GO:ORDMANCwvnn1As 19 If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if :it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: A. Principal and interest payment delinquencies; B. Non-payment related defaults; C. Unscheduled draws on debt service reserves reflecting financial difficulties; D. Unscheduled draws on credit enhancements reflecting financial difficulties; E. Substitution of credit or liquidity providers, or their failure to perform; F. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; G. Modifications to rights of holders of the Bonds; H. Bond calls; I. Defeasances; J. Release, substitution, or sale of property securing repayment of the Bonds; and K. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with Section 18(a) of this Ordinance by the time required by such Section. (c) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the , City remains an obligated person with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit made in accordance with Section 24 that causes the Bonds no longer to be outstanding. WORWl "/Go:O]MINAA7CAM/31M 20 The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consents to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest of the holders and beneficial owners of the Bonds. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with Section 18(a) an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary MOR ,M.ORDWMC-AMn1M 21 offering of the Bonds. (d) Definitions. As used in this Section, the following terns have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 19. SEVERABILITY. The provisions of this Ordinance are severable; and in case any one or more of the provisions of this Ordinance or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, the remainder of this Ordinance nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Section 20. EFFECTIVE DATE. This Ordinance shall become effective upon the final passage of this Ordinance, and no petition was received from the qualified electors of the City protesting the issuance of such Certificates. CZ0RGUr0"/G0: 0RDWMC.AM131M 22 PASSED AND APPROVED on First Reading on the 8th day of August, 1995. PASSED AND APPROVED on Second Reading on the 22nd day of August, 1995. Leo Wood, Mayor City of Georgetown, Texas ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney GE0RGE7VYM/()0- O]MUMNCaMn11" 23 EXHIBIT B ESCROW AGREEMENT City of Georgetown, Texas General Obligation Bonds, Series 1986 City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation Series 1985 THIS ESCROW AGREEMENT, dated as of August 15, 1995 (herein, together with any amendments or supplements hereto, called the "Agreement") is entered into by and between the City of Georgetown, Texas (herein called the "Issuer") and The Bank of New York, New York, as escrow agent (herein, together with any successor in such capacity, called the "Escrow Agent"). The addresses of the Issuer, the Escrow Agent, bond rating agencies and bond insurance company are shown on Exhibit "A" attached hereto and made a part hereof. WITNESSETH: WHEREAS, the Issuer heretofore has issued and there presently remain outstanding the obligations described in Exhibit "B" attached hereto (the "Refunded Obligations"); and WHEREAS, the Refunded Obligations are scheduled to come due in such years, bear interest at such rates, and be payable at such times and in such amounts as are set forth in Exhibit "C" attached hereto and made a part hereof; and WHEREAS, when firm banking arrangements have been made for the payment of all principal, interest and redemption premium, if any, of the Refunded Obligations when due, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose; and WHEREAS, Article 717k, Vernon's Annotated Texas Civil Statutes ("Article 717k") authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with any place of payment (paying agent) for any of the Refunded Obligations, and such deposit, if made before such payment dates and in sufficient amounts, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, Article 717k further authorizes the Issuer to enter into an escrow agreement with any such paying agent for any of the Refunded Obligations with respect to the safekeeping, investment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent may agree, provided that such deposits may be invested only in direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and which may CHORGETOW►i/90: ESCROW AGR 7/31/93 be in book -entry form, and which shall mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment of principal, interest and redemption premium, if any, on the Refunded Obligations when due; and WHEREAS, The Bank of New York as the paying agent for a portion of the Refunded Obligations shall act as Escrow Agent, and this Escrow Agreement constitutes an escrow agree- ment of the kind authorized and permitted by said Article 717k and such Bank has signed this agreement acknowledging same; and WHEREAS, Article 717k makes it the duty of the Escrow Agent to comply with the terms of this Agreement and timely make available to any place of payment (paying agent) for the Refunded Obligations the amounts required to provide for the payment of the principal of, interest and redemption premium, if any, on such obligations when due, and in accordance with their terms, but solely from the funds, in the manner, and to the extent provided in this Agreement; and WHEREAS, the issuance, sale, and delivery of City of Round Rock, Texas Waterworks and Sewer System Revenue Refunding Bonds, Series 1995 (the "Refunding Obligations") have been duly authorized to be issued, sold, and delivered for the purpose of obtaining funds required to provide for the payment of the principal of, interest and redemption premium, if any, on the Refunded Obligations when due; and WHEREAS, the Issuer desires that, concurrently with the delivery of the Refunding Obligations to the purchasers thereof, certain proceeds of the Refunding Obligations, together with certain other available funds of the Issuer, if any, shall be applied to purchase certain direct obligations of the United States of America hereinafter defined as the "Escrowed Securities" for deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a beginning cash balance (if needed) in such Escrow Fund; and WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable at such times and in such amounts so as to provide moneys which, together with cash balances from time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded Obligations as it accrues and becomes payable, the redemption premium, if any, and the principal of the Refunded Obligations as it becomes due and payable; and WHEREAS, to facilitate the receipt and transfer of proceeds of the Escrowed Securities, particularly those in book -entry form, the Issuer desires to establish the Escrow Fund at a corporate trust office of the Escrow Agent; and WHEREAS, the Escrow Agent is a party to this Agreement to acknowledge its acceptance of the terms and provisions hereof; GEORG"O"ijo: ESCROW AGR 7131/93 2 NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and timely payment of principal of and the interest on the Refunded Obligations, the Issuer and the Escrow Agent mutually undertake, promise, and agree for themselves and their respective representatives and successors, as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below when they are used in this Agreement: "Escrow Fund" means the fund created by this Agreement to be administered by the Escrow Agent pursuant to the provisions of this Agreement. "Escrowed Securities" means the direct noncallable, nonprepayable United States Treasury obligations described in Exhibit "D" attached to this Agreement, or cash or other direct noncallable, nonprepayable obligations of the United States of America. Section 1.02. Other Definitions. The terms "Agreement, " "Issuer, " "Escrow Agent, " "Refunded Obligations," "Refunding Obligations" and "Paying Agent," when they are used in this Agreement, shall have the meanings assigned to them in the preamble to this Agreement. Section 1.03. Interpretations. The titles and headings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Obligations in accordance with applicable law. ARTICLE II DEPOSIT OF FUNDS AND ESCROWED SECURITIES Section 2.01. Deposits in the Escrow Fund. Concurrently with the sale and delivery of the Refunding Obligations the Issuer shall deposit, or cause to be deposited, with the Escrow Agent, for deposit in the Escrow Fund, the funds and Escrowed Securities described herein, and the Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the Issuer in writing. ARTICLE III CREATION AND OPERATION OF ESCROW FUND Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special trust fund and irrevocable escrow to be known as the "City of Round Rock, Texas Waterworks and Sewer System Refunding Revenue Bonds, Series 1985, City of Round Rock, Texas Waterworks (;P0RCZTU"/g.: t'SCWM ACM 7171/93 3 and Sewer System Revenue Bonds, Series 1986 and City of Round Rock, Texas Waterworks and Sewer System Revenue Bonds, Series 1987 Escrow Fund" (the "Escrow, Fund"). The Escrow Agent hereby agrees that upon receipt thereof it will deposit to the credit of the Escrow Fund the funds and the Escrowed Securities described in Exhibit "D" attached hereto. Such deposit, all proceeds therefrom, and all cash balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, (b) shall be applied only in strict conformity with the terms and conditions of this Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of, interest on and redemption premium, if any, on the Refunded Obligations, which payment shall be made by timely transfers of such amounts at such times as are provided for in Section 3.02 hereof. When the final transfers have been made for the payment of such principal of and interest on the Refunded Obligations, any balance then remaining in the Escrow Fund shall be transferred to the Issuer, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. Section 3.02. Payment of Principal, Interest and Redemption Premium, If Any. The Escrow Agent is hereby irrevocably instructed to transfer from the cash balances from time to time on deposit in the Escrow Fund, the amounts required to pay the principal of the Refunded Obligations at their respective maturity or redemption dates and interest thereon to such maturity or redemption dates in the amounts and at the times shown in Exhibit "C" attached hereto. Section 3.03. Sufficiency of Escrow Fund. The Issuer represents that the successive receipts of the principal of and interest on the Escrowed Securities will assure that the cash balance on deposit from time to time in the Escrow Fund will be at all times sufficient to provide moneys for transfer to the Paying Agent at the times and in the amounts required to pay the interest on the Refunded Obligations as such interest comes due, the redemption premium, if any, and the principal of the Refunded Obligations as the Refunded Obligations mature or are redeemed, all as more fully set forth in Exhibit "E" attached hereto. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts required by each place of payment (paying agent) for the Refunded Obligations to make the payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund, from any funds that are lawfully available therefor, additional funds in the amounts required to make such payments. Notice of any such insufficiency shall be given promptly as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of funds in the Escrow Fund or the Issuer's failure to make additional deposits thereto. Section 3.04. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund, the Escrowed Securities and all other assets of the Escrow Fund, wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The Escrowed Securities and other assets of the Escrow Fund shall always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the Refunded Obligations; and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The owners of the Refunded Obligations shall be entitled to the same preferred claim and first lien upon the Escrowed Securities, the proceeds thereof, and all other assets of the GPAR(R?7'p"lge: ISSCR M AIM 7131N3 4 Escrow Fund to which they are entitled as owners of the Refunded Obligations. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall have no right to title with respect thereto except as a constructive trustee and Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Issuer or, except to the extent expressly herein provided, by the Paying Agent. Section 3.W. Security for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, be continuously secured by a pledge of direct obligations of, or obligations unconditionally guaranteed by, the United States of America, having a market value at least equal to such cash balances. ARTICLE IV LIMITATION ON INVESTMENTS Section 4.01. Investments. Except for the initial deposit of the Escrowed Securities, and except as provided in Sections 4.021, 4.03 and 4.04 hereof, the Escrow Agent shall not have any power or duty to invest or reinvest any money held hereunder, or to make substitutions of the Escrowed Securities, or to sell, transfer, or otherwise dispose of the Escrowed Securities. Section 4.02. Reinvestment of Certain Cash Balances in Escrow by Escrow Agent. In addition to the Escrowed Securities listed in Exhibit "D" hereto, the Escrow Agent shall reinvest cash balances shown in Exhibit 7" attached hereto in zero (0) interest rate United States Treasury Obligations - State and Local Government Series to the extent such obligations are available from the Department of the Treasury. All such reinvestments shall be made only from the portion of cash balances derived from the maturing principal of and interest on Escrowed Securities that are United States Treasury Certificates of Indebtedness, Notes or Bonds - State and Local Government Series. All such reinvestments shall be acquired on and shall mature on the dates on Exhibit "F 11 attached hereto. Section 4.03. Substitution of Securities. At the written request of the Issuer, and upon compliance with the conditions hereinafter stated, the Escrow Agent shall utilize cash balances in the Escrow Fund, or sell, transfer, otherwise dispose of or request the redemption of the Escrowed Securities and apply the proceeds therefrom to purchase Refunded Obligations or direct obligations of, direct nonprepayable obligations of, or obligations the principal of and interest on which is unconditionally guaranteed by, the United States of America which do not permit the redemption thereof at the option of the obligor. Any such transaction may be effected by the Escrow Agent only if (a) the Escrow Agent shall have received a written opinion from a nationally recognized independent firm of certified public accountants that such transaction will not cause the amount of money and securities in the Escrow Fund to be reduced below an amount sufficient without further investment or reinvestment of either the principal amount thereof or the interest earnings thereof to provide for the full and timely payment of principal of., redemption premium, if any, on and interest on all of the remaining Refunded Obligations as they become due, taking into account any optional redemption thereof exercised by the Issuer in connection with such transaction; and (b) the Escrow Agent shall have received the unqualified written legal opinion GM0RGL9T?*W/p: MCR(7W.AGR 7131/91 5 of nationally recognized bond counsel licensed in the State of Texas to the effect that such transaction will not cause any of the Refunded Obligations or the Refunding Obligations to be an "arbitrage bond" within the meaning of Section 103(c) of the Code or to otherwise affect the tax exempt status of the interest on such bonds. Section 4.04. Arbitrage. The Issuer hereby covenants and agrees that it shall never request the Escrow Agent to exercise any power hereunder or permit any part of the money in the Escrow Fund or proceeds from the sale of Escrowed Securities to be used directly or indirectly to acquire any securities or obligations if the exercise of such power or the acquisition of such securities or obligations would cause any Refunding Obligations or Refunded Obligations to be an "arbitrage bond" within the meaning of the Internal Revenue Code of 1986 or, if applicable, the Internal Revenue Code of 1954, as amended. ARTICLE V APPLICATION OF CASH BALANCES Section 5.01. In General. Except as provided in Sections 3.02, 4.02 and 4.03 hereof, no withdrawals, transfers, or reinvestment shall be made of cash balances in the Escrow Fund. ARTICLE VI RECORDS AND REPORTS Section 6.01. Records. The Escrow Agent will keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the Issuer and the owners of the Refunded Obligations. Section 6.02. Reports. While this Agreement remains in effect, the Escrow Agent annually shall prepare and send to the Issuer a written report summarizing all transactions relating to the Escrow Fund during the preceding year, including, without limitation, credits to the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Escrow Fund for payments on the Refunded Obligations or otherwise, together with a detailed statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the end of such period. ARTICLE VII CONCERNING THE PAYING AGENTS AND ESCROW AGENT tea ,,.: [MCWWAM 6 Section 7.01. Representations. The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. Section 7.02. Limitation on Liability. The liability of the Escrow Agent to transfer funds for the payment of the principal of, redemption premium, if any, and interest on the Refunded Obligations shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, neither the Escrow Agent nor the Paying Agent shall have any liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligor of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the Issuer promptly of any such occurrence. The recitals herein and in the proceedings authorizing the Refunding Obligations shall be taken as the statements of the Issuer and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The Escrow Agent is not a party to the proceedings authorizing the Refunding Obligations or the Refunded Obligations and is not respon- sible for nor bound by any of the provisions. thereof (except as a place of payment and paying agent and/or a Paying Agent/Registrar therefor). In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Agreement. The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. It is the intention of the parties hereto that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the Issuer with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same. in accordance with this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence CCORCB?T Y"/p: ESCAOIM.ACA 7/3I/93 7 of any such event or contingency the Escrow Agent may request from the Issuer or any other Person such reasonable additional evidence as the Escrow Agent in its discretion may deem neces- sary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with, among others, the Issuer at any time. Section 7.03. Compensation. (a) Concurrently with the sale and delivery of the Refunding Obligations, the Issuer shall pay to the Escrow Agent, as a fee for performing the services hereunder and for all expenses incurred or to be -incurred by the Escrow Agent in the administration of this Agreement, the sum of $ the sufficiency of which is hereby acknowledged by the Escrow Agent. In the event that the Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary services and to reimburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary services, and the Escrow Agent hereby agrees to look only to the Issuer for the payment of such fees and reimbursement of such expenses. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses. (b) The Paying Agent is the place of payment (paying agent) for the Refunded Obliga- tions. Concurrently with the sale and delivery of the Refunding Obligations the Issuer shall pay to the Paying Agent the sum of $�, the sufficiency of which is hereby acknowledged by the Paying Agent, for all future paying agency services of the Paying Agent and the places of payment (paying agents) for the Refunded Obligations; and the Paying Agent warrants that such sum is sufficient for such purpose. Also concurrently with the sale and delivery of the Refunding Obligations the Issuer shall pay to any other places of payment (paying agents) for the Refunded Obligations all sums due for all future paying agency services in connection with certain of the Refunded Obligations. (c) Upon receipt of the aforesaid specific sums stated in subsections (a) and (b) of this Section 7.03 for Escrow Agent and paying agency fees, expenses, and services, the Escrow Agent and other places of payment (paying agents) shall acknowledge such receipt to the Issuer in writing. Section 7.04. Successor Escrow Agents. If at any time the Escrow Agent or its legal successor or successors should become unable, through operation or law, or otherwise, to act as escrow agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event the Issuer, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If no successor Escrow Agent shall have been appointed by the Issuer within 60 days, a successor may be appointed by the owners of a majority in principal amount of the Refunded Obligations then outstanding by an instrument or instruments in writing filed with the: Issuer, signed by such owners or by their duly authorized attorneys -in -fact. If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this section within three months after a vacancy shall have occurred, the owner of any Refunded Obligation may apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent. Any successor Escrow Agent shall be a corporation organized and doing business under the laws of the United States or the State of Texas or the State of New York, authorized under such laws to exercise corporate trust powers, having place of business in the State of Texas, having a combined capital and surplus of at least $5,000,000 and subject to the supervision or examination by Federal or State authority. Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to the terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such rights, powers and duties. The Escrow Agent shall pay over to its successor Escrow Agent a proportional part of the Escrow Agent's fee hereunder. The Escrow Agent at the time acting hereunder may at any time resign and be discharged from the trust hereby created by giving not less than sixty (60) days' written notice to the Issuer and publishing notice thereof, specifying the date when such resignation will take effect, in a newspaper printed in the English language and with general circulation in New York, New York, such publication to be made once at least three (3) weeks prior to the date when the resignation is to take effect. No such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the owners of the Refunded Obligations or by the Issuer as herein provided and such successor Escrow Agent shall be a paying agent for the Refunded Obligations and shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor or Escrow Agent. Under any circumstances, the Escrow Agent shall pay over to its successor Escrow Agent proportional parts of the Escrow Agent's fee and its Paying Agent's fee hereunder. ARTICLE VIII MISCELLANEOUS Section 8.01. Notice. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed to the Issuer or the Escrow Agent, Rating Agency and Insurance Company at the address shown on Exhibit "A" attached hereto. The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten (10) days prior notice thereof. Section 8.02. Termination of Responsibilities. Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or GWa ,.*: ESCWM.A(.R 9 responsibilities hereunder to the Issuer, the owners of the Refunded Obligations or to any other person or persons in connection with this Agreement. Section 8.03. Binding Agreement. This Agreement shall be binding upon the Issuer, the Escrow Agent and the Paying Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the owners of the Refunded Obligations, the Issuer, the Escrow Agent, the Paying Agent and their respective successors and legal representatives. Section 8.04. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. If any portion of the Agreement is held to be invalid or illegal or unenforceable, Moody's Investors Service, Standard & Poors Corporation and any Insurance Company should be notified. Section 8.05. Texas Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. Section 8.06. Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. Section 8.07. Amendments. This Agreement shall not be amended except to cure any ambiguity or formal defect or omission in this Agreement. No amendment shall be effective unless the same shall be in writing and signed by the parties thereto. No such amendment shall adversely affect the rights of the holders of the Refunded Obligations. Moody's Investors Service, Standard & Poors Corporation and any Insurance Company shall be given copies of proposed amendments prior to execution. (MR(41rOWN,p: PSCRaW AGR 7/71/97 10 EXECUTED as of the date first written above. CITY OF GEORGETOWN, TEXAS a ATTEST: City Secretary (SEAL) Mayor THE BANK OF NEW' YORK, NEW YORK 0 ATTEST: Title: (SEAL) Vice President G1!0R,.Q: P-3C70W AGR 11 Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" INDEX TO EXHIBITS Addresses of the Issuer and the Escrow Agent Description of the Refunded Obligations Schedule of Debt Service on Refunded Obligations Description of Beginning Cash Deposit (if any) and Escrowed Securities Escrow Fund Cash Flow Reinvestments in Zero Coupon SLGS GP0RCffTV"/p: ESCPAM.AGA'1/31/95 EXHIBIT ►►A►► ADDRESSES OF THE ISSUER, ESCROW AGENT, RATING AGENCY, AND INSURER Issuer City of Georgetown, Texas P.O. Box 409 Georgetown, Texas 78627 Escrow Agent The Bank of New York, New York c/o BNY Information Services 1301 Fannin, Suite 2215 Houston, Texas 77002 Rating Agency Moody's Investors Service 99 Church Street New York, N. Y. 10007 Attention: Public Finance Rating Desk. - Refunded Bonds Standard & Poors Corporation 25 Broad Street New York, N. Y. 10004 Attention: Public Finance Rating Desk: - Refunded Bonds EXHIBIT "B" DESCRIPTION OFT REFUNDED OBLIGATIONS City of Georgetown, Texas Combination Tax and Utility System Revenue Certificates of Obligation, Series 1985 maturing May 1, 1996 in the aggregate principal amount of $60,000. City of Georgetown, Texas General Obligation Bonds, Series 1986 maturing August 1 in each of the years 1997 through 2003 in the aggregate principal amount of $1,210,000. GBORGHTO"/r: ESCWW.AM 7/31/91 B- 1 EXHIBIT "C" SCHEDULE OF DEBT SERVICE ON REFUNDED OBLIGATIONS GFORGE WN/p: PSCROW.AGA 7131M C- I EXHIBIT "D" ESCROW DEPOSIT I. CASH II. STATE AND LOCAL GOVERNMENT SERIES OBLIGATIONS Principal Amount Interest Rate Maturity Date CW,so: ESC3KM.AiM 7MM D-1 EXHIBIT "Ell ESCROW FUND CASH FLOW To Be Provided By Accounting Firm GWa,p: ESCSW.AM 7131/95 E-1 L EXHIBIT C PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of August 15, 1995 (this "Agreement"), by and between the City of Georgetown, Texas (the "Issuer"), and The Bank of New York, New York, a banking corporation duly organized and existing under the laws of the State of New York (the "Bank") . RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its Combination Tax and Revenue Certificates of Obligation, Series 1995 in the aggregate principal amount of $725,000 and its General Obligation Refunding Bonds, Series 1995 in the aggregate principal amount of $ (collectively, the "Securities"), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about September 19, 1995: and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof, all in accordance with this Agreement and the "Order" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Order." GPONGLTOWNIM PAYING -AM 7r1AN1 The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the designated office of the Bank as indicated on the signature page hereof, except that the payment and registration duties of the Bank will be performed from the Bank's designated office located in Houston, Texas. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Fiscal Year" means the fiscal year of the Issuer, ending September 30. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor of the Issuer, any one or more of said officials, delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political GEORCRTO"/00: PAnNG.Aca 7/U/93 2 subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Order). "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Order. "Order" means the order, ordinance or resolution of the governing body of the Issuer pursuant to which the Securities are issued, certified by the City Secretary of the Issuer or any other officer of the Issuer and delivered to the Bank. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice-chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfer of the Securities. "Stated Maturity" means the date specified in the Order the principal of a Security is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," Issuer," and Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of. Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon GEORGETMN/M: PA nNO.AGR 7121N7 3 surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States Mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Order. ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Deal- ers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re - registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be canceled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. (Z0R(+'L'T0"JM: PAYINC.A A WUNf 4 Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Canceled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. GEORG *0"1oo: rAYINGACM UU/93 5 In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the (Z02G8TG"/G0: PAnNG.ACM 71UM3 6 foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank. The Bank shall deposit any moneys received from the Issuer into a trust account to be held in a fiduciary capacity for the payment of the Securities, with such moneys in the account that exceed the deposit insurance available to the Issuer by the Federal Deposit Insurance Corporation, to be fully collateralized with securities or obligations that are eligible under the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for trust accounts until the principal and interest on such securities have been presented for payment and paid to the owner thereof. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. Subject to the Unclaimed Property Law of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after the final maturity of the Security has become due and payable will be paid by the Bank to the Issuer if the Issuer so elects, and the Holder of such Security shall hereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such monies shall thereupon cease. If the Issuer does not elect, the Bank is GWJtGFrO"/GO: rAnNG.ACM 7/24A3 directed to report and dispose of the funds in compliance with Title Six of the Texas Property Code, as amended. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. Depository Trust Company Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements," effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. Attached hereto is a copy of the Letter of Representations with The Depository Trust Company. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. CZ0R(Z G"/00: PAYING AGR VU/93 8 Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or t:he Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page of this Agreement. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Order constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Order, the Order shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. CM0a ,(Xk PAYMO ACA 7fU/93 9 Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon thirty (30) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. GEORGETO"MO: PAYING.AGR 7R4/93 10 IN WITNESS WBEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE BANK OF NEW YORK, NEW YORK a Title 10161 Centurion Parkway, 3rd Floor Tower Marc Plaza Jacksonville, Florida 32256 Attest: Title [BANK SEAL] CITY OF GEORGETOWN, TEXAS M Mayor P.O. Box 409, Georgetown, Texas 78627 [ISSUER SEAL] Attest: City Secretary atORcsr "/00: Pnn?#CWM,/UA, 11 SCHEDULE A Paying Agent/Registrar Fee Schedule [To be supplied by the Bank] GWRGHTO"/Oo: PAYMO.AOR WUM Letter of Representations (Nance of Issuer] (Name uFAgent I Attention: General Counsel's Office The Depository Trust Company 55 Water Street: 49th Floor New York, NY 10041-0099 Re: (lssicr Description+ Ladies quid Centlemen: ]Date) This letter sets forth our understancling \\'itli respect to certain tn,ttters relating to the above -referenced issue (the "Bonds'*)..-�uetit \%ill iic't its trustee. pal\ing went, fiscal went, or other agent of Issuer witli respect to the Bonds. The Bonds \\ill be issued pursuant to it trust indenture. bond resolution, or other such docu,nent authorizing the issuance of the Bonds elated . I99_ (die "Doct,nient"). �'•l�n�h•n� nh•r'� is clist►ibt,tMg the• Bonds through Thc• D(.-I)t►sito,l' Tn,st C:o,nl);tt,\- (•'I)'I"C:'•). To induct- I)"rc to :tc•cept the 13on(ls ;ts lilt dvpOsit ;►t I-)TC. ;llld to act in acc'c►rcl.u�rc with its Riles wit]► I-c-sPVct to tilt, BmIds• I»ccc'r alld : gvnt, il' an\', make• tht• f(,II(m iiiIf ro.-pro.-sentatic,,,s to I),r : 1. Prior to closing on the Bonds ern , 199—, there shrill he dCrX)sitccl with DTC one Bond certificate rclristcrc-cl ill the name of D"I'C's nominee, Cede & Co., liar each stated mattn•ity of the Bonds in the amounts sct (imli ()it Schedule A hct-00, the tc�tcll OF which lvpreserrts 100% of the principal amomit of such Bonds. If, however, the aggregate principal ;unormt of any maturity exceeds S 150 million, one certificate \\,ill be issued with respect to each S 150 million of principal arnorrrlt and an additional certificate will be issried with respect to any rermdning princip;d amount. Each $150 million Boild certificate shall bear the following legend: Unless this certificate is presented b\- ;ill authorized representative of The Depository Tnist Company, a New York coilporation ("DTC"), to Issuer or its agent for rebristration of transfer, exchange, or patiillent, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE. OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. 2. In the event of any solicitation of consents from or voting by holders of the Bonds, Issuer or Agent shrill establish a record date for such purposes (with no pro-ision for revocation of consents or votes by subsequent holders) and sha11, to the extent possible, send notice of such record date to DTC not less than 15 calendar days in advance of such record date. 3. In the event of a full or pwtial redemption or an advance refunding of part of the outstanding Bonds, Issuer or Agent shall send a notice to DTC specifying: (a) the amount of the redemption or refunding; (b) in the else of a refunding, the maturity date(s) established under the refunding; and (c) the date such notice is to be mauled to heneRcial owners or published (the "Publication Date"). Such notice shall be sent to DTC by a secure mewls (e.g., legible telecopy, registered or certified mail, overnight delivery) in a timely manner designed to assure that such notice is in DTC's possession no litter than the close of business on the business clad• before the Publication Date. Issuer or Agent shall forward such notice either in a separate secure transmission for each CUSIP number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a manifest or list of each CUSIP submitted in that transmission. (The part sending such notice shall have a nletllod to -eriFv subsequently the use of such means and the timeliness of such notice.) The Publication Date shall be not less than :30 days nor more than 60 days prior to the redemption date or. in the case of an advance refunding. the ciate that the proceeds are deposited in escrow. 4. In the event of an imitation to tender the Bonds. notice by Issuer or Gent to Bowiliolders specifying the terms of the tender and the Publication Date of' such notice shall be sent to DTC by a secure means in the manner set forth ill the preceding Paragraph. 5. All notices -,incl payment ad -vices sent to DTC shall contain the CUSIP number of the Bonds. 6. Notices to DTC pursuant to Para(.4mph ? by telecopy shall be sent to DTC's Reorganization Department at (? 1?) 7 09-6896 or (_' 12) 7 09-689 i , and receipt of such notices shall be confinned by telephoning (2 12) 709-Gi 70. Notces to DTC prrrsu;rnt to Paragraph ? by rn;dl or by :urn other rrre;rrrs shall be sent to: Sirper-,-isor: I'rcr\-% Hum- '()It I)(.P;rrlim. The Dclu)siton -I-rrr,t CMllp;ury 7 I I:urcrvc•r Sipia r: 23rd l''locrr .\c-w Y()rk. NY e 7. Notices to IYrC ptirs►t;►nt to Pam raph :3 by telecop\- .slt;tll be sent to arcs Call Notifcation Department at (516) 27-4164 or (516) 227-41W. ll'the sending the notice dons riot rmcive a telecopy recciht Irvin DTC cunlinning that the notice Il;►.s been received, stich party sllall telellimil e (516) 227-4070. Notices to DTC pui:su;►nt to Parlg►aph :3 by inail or by any ()tiler nicans shall he sent to: Call Notification Department The Depository Tnist Company 711 Stewart Av•erl►ie Carden City, NY 11530-4i 19 8. Notices to DTC pursumt to Paragraph 4 and notices ol' other actions (including mandatotti tenders, exchanges, and capital changes) by telecopy shall he sent to DTC's Reorganization Department at (212) 709-109:3 or (212) 709-1094, and receipt of such notices sha11 be con(inned by telephoning (212) 709-688 4. Notices to DTC pursuant to the above by mail or by any other means shall be sent to: Manager; Reorganirltion Department Reorgani�uition Window The Depository Trust Compimy i Hanover Square; 23r•d Floor New York, NY 10004-2695 9. Transactions in the Bonds shall be eli`rible for next -day finals settlement in DTC's Next-Dav• Funds Settlement ("NDFS") system. A. Interest payments sha11 be received by Cede & Co., as nominee of DTC, or its registered assigns in next -day fiends on each pavment date (or the equivalent in accordance with existing arrangements between Issuer or Agent and DTC). Such payments sllall be made payable to the order of Cede & Co. Absent any other existing arrangements such payments shell be addressed as follows: Manager; Cash Receipts Dividend Dep,utment The Depositor.. Trust Company 7 Hanover Square; 24th Floor New York, NY 10004-2695 B. Principa.1 pamlents shall be received by Cede & Co.. as nominee of DTC. or its registered assigns in rlext-dav funds on each payment elate (or- the eduivalCIlt in accordance Xoth exlshng arrangements between Issuer or Agent and D-ra Sl1cll paVinents shall be made payable to die order ol*Cede & Co.. and shall be addressed ;Ls 1011ovv-s: NDFS Redemption Department The Depository Trust Company 5.5 Water Street: 50th Floor New York, NY I0041-0099 10. DTC may direct Issuer or Agent to use anv other telehlrc>ne number or address as the rrrrrrtber or address to Which notices or pa\-Inents of intcrest ()r principal nta.v be sent. 11. In the evcnt ol•a rc•c cmption, accclerttion, or am- other similar tr;utsacti(,ot rn;tcic• Mid ;Iccel)Wd in response to Issner:s (r• Agent's imitation) necessitating ;t wdnction in the aggreif;ttc principal ;uru)m►t ol• Bonds outstanding or an ;ulv;utcC relirndiw-1 of part of the Braids mitstanding. DTC:, in its discretion: (-10 ma rctIm.•st Issuer or :\�fc•nt to issue ;Intl ;tnthentic;tte a new Bond cc•rtilic;tic•. c,r (h) ma\ make ;ill ;t1)I)rollri;ttc nr►t;Itic►n ()It tht• Bc,ncl certilieate Indic -atilt lhc• elate ;utcl ;tnrocrnt c,l� with r'edm•tiorr in principal esccpt in ill(-c;t•c• (,l� I'Mal matimt'v. in v� Iticll c:tsc the c:rrtilicate k ill he Oresented it) Issuer or .1gc nt prior to I);Iv me nt it rt clnirc cl. 12. In the evo.-nt that Issuer detennines that beneficial mmers of Bonds shall be able: to obtain ct,rtificated Bot►ds, Issuer or Agent shall notify DTC of the availability of Bonk certificates. In such event. Ismier or Agent shall issue, transfer, and exchange Bond certificates in aphropnate amounts, ,is required by DTC and others. 13. DTC may discontinue providing its Services as securities depository with respect to the Bowls at any time by giving rmc►sonable notice to Issuer or Agent (at which time DTC will confirm with Issuer or Agent the aggregate Principal amount of Bonds outstanding). Under such circumstances, at DTC's request Issuer and Agent Shull cooperate fully with DTC by taring appropriate action to snake available one or more separate certificates evidencing Bonds to any DTC Participant having Bonds credited to its DTC xymunts. 14. Nothing herein shall be deemed to require Agent to advance funds on behalf of Issuer. Notes: Very tn►ly yours, A. If there is an Agent (:as defined in this Letter of Repm-sc•ntaticnLs). Agent as weU as Issuer mwst sigh this Letter. If diem• a no Agent, ui siping this Letter Issuer itself undcrtakc-s to perforw aU of —die oblis aticnts set forth herein. B. Under Rides of die Mmki1xil Securities Ridemisling Bourd reLitin, to "u-ood deLivery-, a nutnicip:il securities de,der must be ble to determine die date that a notice of a partJ atU or of m a Muice refuriduit; of ;apart ctf :art issilt is published (die "publication (Late").1llte establishment of such a publcation (.:atr is :addressed iri P:araq,q)h 3 of die Letter. C. Schedule B contains statements that DTC believes accuratehv describe DTC. the method of of%oleo; book - entry truufers of sectuities distributed thnnagh DTC. ;aid certain reLitml matters. Received and Accepted: THE DEPOSITORY TRUST COMPANY B-,-: I.Wthurivi-d off t t-r) CC: L ndemTiter Undvr\%nter*i (:mmx 1 F-*W B%- t Issuer) .Authorized Of(icti•rs Signature) :AsZent) .Authorized Officer's Siputurr) 6. Principal and interest payments on the Securities will be made to OTC. DTC's practice is to credit Direct Participants' accounts on payable date in accordance with their respective holdings shown on OTC's records unless OTC has reason to believe that it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of OTC, the Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to OTC is the responsibility of the Issuer or the Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursemert of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. (9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its Participant, to the (Tender/Remarketing] Agent, and shall effect delivery of such Securities by causing the Direct Participant to transfer the Participant's interest in the Securities, on OTC's records, to the Finder/Remarketing] Agent. The requirement for physical delivery of Securities in connection with a demand for lurchase or a mandatory purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on DTC's records.] 10. DTC may discontinue providing its services as securities depository with respect to the Securities at any time by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Security certificates are required to be printed and delivered. 11. The Issuer may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered. 12. The information in this section concerning OTC and DTC's book -entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. • 1. This Rider supersedes any contradictory language set forth in the Letter of Representations to which it is appended. 2. With respect to principal and income payments in the Securities: A. DTC shall receive all dividend and interest payments on payable . date in same -day funds by 2:30 p.m. ET (Eastern Time). B. Issuer agrees that it or Agent shall provide dividend and interest payment information to a standard announcement service subscribed to by DTC. In the unlikely event that no such service exists, Issuer agrees that it or Agent shall provide this information directly to DTC in advance of the dividend or interest record date as soon as the information is available. This information should be conveyed directly to DTC electronically. If electronic transmission is not possible, such information should be conveyed by telephone or facsimile transmission to: The Depository Trust Company Manager, Announcements Dividend Department 7 Hanover Square, 22nd Floor New York, NY .10004 Phone: (212) 709-1270 Fax: (212) 709-1723, 1686 C. Issuer agrees that for dividend and interest payments, it or Agent shall provide automated notification of CUSIP-level detail to the depository no later than noon ET on the payment date. D. DTC shall receive maturity and redemption payments and CUSIP- level detail on the payable date in same -day funds by 2:30 p.m. ET. Absent any other arrangements between Agent and DTC, such payments shall be wired according to the following instructions: 16/ 1 6/961 Chemical Bank ABA 021000128 For credit to A/C Depository Trust Company Redemption Account 066-027306 in accordance with existing SDFS payment procedures i Operating manner set forth in DTC's SDFS Paying, Agent o shed to Procedures a copy of which has previously been fur Agent. E. DTC shall receive all other payments and, CUSIP-level detail resulting from corporate actions (such as tender offers or mergers) on the first payable date in same -day funds by 2:30 p.m. ET. Absent any other arrangements between the Agent and DTC, such payments shall be wired to the following address: Chemical Bank ABA 021000128 For credit to A/C Depository Trust Company Reorganization Account 066-027608 -2- M/141961 Exhibit "D" NOTICE OF PRIOR REDEMPTION CITY OF GEORGETOWN, TEXAS GENERAL OBLIGATION BONDS, SERIES 1986 NOTICE IS HEREBY GIVEN that the City of Georgetown, Texas ("City") has deposited money and direct obligations of the United States of America in an amount sufficient to defease until the first available redemption date the following bonds of the City (the "Bonds"): City of Georgetown, Texas General Obligation Bonds, Series 1986, maturing on August 1 in the years 1997 through 2003 in the aggregate principal amount of $1, 210, 000; redemption date: August 1, 1996; redeemable at par plus accrued interest at the designated office for payment of The Bank of New York, New York, at the addresses set forth below, only upon presentation and surrender thereof. The described Bonds shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date of August 1, 1996. BY MAIL: The Bank of New York P. O. Box 3856 Houston, Texas 77253-3856 Attn: BNY Information Services HAND DELIVERY: The Bank of New York 1301 Fannin, Suite 2;215 Houston, Texas 77002 Attn: BNY Information Services In compliance with section 3406 of the Internal Revenue Code of 1986, as amended, payors making certain payments due on debt securities may be obligated to deduct and withhold 20 % (31 % for taxable years beginning in and after 1993) of such payment from the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of this withholding tax, such payees should submit a certified taxpayer identification number when surrendering the Bonds for redemption. CITY OF GEORGETOWN, TEXAS GEORGE aWN/GO: OIMINANC.AUT7/31/91 D-2 NOTICE OF DEPOSIT AND PRIOR REDEMPTION CITY OF GEORGETOWN, TEXAS COMBINATION TAX AND UTILITY SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 1985 NOTICE IS HEREBY GIVEN that the City of Georgetown, Texas ("Ciry") has deposited money and direct obligations of the United States of America in an amount sufficient to defease until the first available redemption date the following bonds of the City (the "Bonds"): City of Georgetown, Texas Combination Tax and Utility System Revenue Certificates of Obligation, Series 1985, maturing on May 1, 1996 in the aggregate principal amount of $60,000; redemption date: November 1, 1995; redeemable at par plus accrued interest at the designated office for payment of The Bank of New York, New York, at the addresses set forth below, only upon presentation and surrender thereof. The described Certificates shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date of November 1, 1995. BY MAIL: The Bank of New York P. O. Box 3856 Houston, Texas 77253-3856 Attn: BNY Information Services HAND DELIVERY: The Bank of New York 1301 Fannin, Suite 2215 Houston, Texas 77002 Attn: BNY Information Services In compliance with section 3406 of the Internal Revenue Code of 1986, as amended, payors making certain payments due on debt securities may be obligated to deduct and withhold 20 % (31 % for taxable years beginning in and after 1993) of such payment from the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of this withholding tax, such payees should submit a certified taxpayer identification number when surrendering the Bonds for redemption. CITY OF GEORGETOWN, TEXAS CEOR ,GO: 010MMCAM,31/95 D-3 Council Meeting Date: August 22. 1995 Item No. 4EE AGENDA ITEM COVER SHEET SUBJECT Ordinance authorizing the issuance of the City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1995, in an amount not to exceed $725,000 to be used for stormwater drainage improvements. Second Reading. ITEM SUMMARY This is the second reading of the ordinance required for the issuance of $725,000 Combination Tax and Revenue Certificates of Obligation. The bid price for these bonds will not be known until just prior to the August 22, 1995 council meeting; therefore,.. information required for certain portions of the ordinance and exhibit cannot be completed until that time. Proceeds of the bonds will be used to fund stormwater drainage improvement projects including: 22nd & Leander area, Quail Valley, Highview, Dunman, Country Club and 18th & Pine. This bond issue was included in the 1994/95 Annual Operating Plan. SPECIAL CONSIDERATIONS FINANCIAL IMPACT The debt service on these certificates will be paid from the $0.75/month/residential equivalent unit fee already in place. Interest rates on the bonds will not be known until the bids are received. Garry Kimball, First Southwest Company, will have a brief presentation on the bond pricing received and the affect of the bond rating upgrade. COMMENTS The Ordinance has been prepared by McCall, Parkhurst and Horton, the City's bond attorney. ATTACHMENTS Proposed Ordinance (The Preliminary Official Statement is included with the Refunding Issue materials.) Submitted By: Susan L. Morgan, Director of Finance and Administration Bob Hart, City Manager YEAR AMOUNT YEAR AMOUNT 1996 $20, 000 2006 $35 , 000 1997 20,000 2007 35,000 1998 20,000 2008 40,000 1999 25,000 2009 401000 2000 25,000 2010 45,000 2001 25,000 2011 503000 2002 30,000 2012 50,000 2003 30,000 2013 55,000 2004 30,000 2014 55,000 2005 35,000 2015 60,000 The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initially issued and delivered pursuant to this Ordinance and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 3. INTEREST. The Certificates scheduled to mature during the years, respectively, set forth below shall bear interest from the dates specified in the FORM OF CERTIFICATE set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the following rates per annum: YEAR RATE YEAR RATE 1996 3.90 % 2006 5.45 % 1997 4.15 2007 5.65 1998 4.30 2008 5.80 1999 4.45 2009 5.90 2000 4.60 2010 6.00 2001 4.75 2011 6.05 2002 4.90 2012 6.10 2003 5.00 2013 6.15 2004 5.10 2014 6.20 2005 5.30 2015 6.25 GEOQGE/CO: OMNANCE.*2 8/21ro5 3 Ordinance No. ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF GEORGETOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1995; AUTHORIZING THE LEVY OF AN AD VALOREM TAX AND THE PLEDGE OF CERTAIN REVENUES IN SUPPORT OF THE CERTIFICATES; APPROVING AN OFFICIAL STATEMENT, A PAYING AGENT/REGISTRAR AGREEMENT AND OTHER AGREEMENTS RELATED TO THE SALE AND ISSUANCE OF THE CERTIFICATES; AND AUTHORIZING OTHER MATTERS RELATED TO THE ISSUANCE OF THE CERTIFICATES THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN § WHEREAS, the City Council of the City of Georgetown, Texas (the "City") deems it advisable to issue certificates of obligation in the amount of $725,000 (the "Certificates") for the purpose of (1) constructing improvements to the City's stormwater drainage system and (2) paying professional services including legal, fiscal, architectural and engineering fees and other such costs in connection therewith; and WHEREAS, the Certificates hereinafter authorized and designated are to be issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and Articles 1111-1118, Vernon's Annotated Texas Civil Statutes, as amended; and WHEREAS, on July 25, 1995 the City Council passed a resolution authorizing and directing the City Secretary to give notice of intention to issue Certificates; and WHEREAS, the notice was published on July 30, 1995 and August 6, 1995 in the Williamson County Sun, a newspaper of general circulation in the City and a "newspaper" as defined in Article 28a, Vernon's Annotated Texas Civil Statutes; and WHEREAS, the City has not received a petition from the qualified electors of the City protesting the issuance of the Certificates; and WHEREAS, the City hereby finds that the issuance of the Certificates implements Finance Policy 4 of the Century Plan; and SAS, it is considered to be in the best interest of the City that the interest bearing Certificates be issued. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: PJAR C;EORGEMD: ORDDI NCE.&27/31M Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. (a) The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The certificates of the City of Georgetown, Texas (the "City") are hereby authorized to be issued and delivered in the aggregate principal amount of $725,000 for the purpose of (1) constructing improvements to the City"s stormwater drainage system and (2) paying professional services including legal, fiscal, architectural and engineering fees and other such costs in connection therewith. (b) Century Plan The City hereby finds that the issuance of the Certificates implements Finance Policy 4 of the Century Plan - Policy Plan Element, which states; "The City shall develop a strategy to provide sufficient financial resources, for both short term and long term needs", and Economic Development Policy which states "The City will encourage diversified growth and promote business opportunities to create jobs, broaden the tax base, and minimize the impact of economic fluctuation"; and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURIMS OF CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated: "CITY OF GEORGETOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 1995", and initially there shall be issued, sold, and delivered hereunder fully registered certificates, without interest coupons, dated August 15, 1995, in the respective denominations and principal amounts hereinafter stated, numbered consecutively from R-1 upward (except the initial Certificates delivered to the Attorney General of the State of Texas which shall be numbered T-1 upward), payable to the respective initial registered owners thereof (as designated in Section 12 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"), and said certificates shall mature and be payable serially on August 1 in each of the years and in the princi- pal amounts, respectively, as set forth in the following schedules: MORCE/M 0JWV" CE.ez »»s 2 YEAR AMOUNT YEAR AMOUNT. 1996 $20,000 2006 $35,000 1997 20,000 2007 35,000 1998 20,000 2008 40,000 1999 25,000 2009 40,000 2000 25,000 2010 45,000 2001 25,000 2011 50,000 2002 30,000 2012 50,000 2003 30,000 2013 55,000 2004 30,000 2014 55,000 2005 35,000 2015 60,000 The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initially issued and delivered pursuant to this Ordinance and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 3. INTEREST. The Certificates scheduled to mature during the years, respectively, set forth below shall bear interest from the dates specified in the FORM OF CERTIFICATE set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the following rates per annum: YEAR 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 RATE YEAR 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 RATE GEORGEJCO: ORDINANCE. d'2 7131/95 3 Interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance. Section 4. CHARACTERISTICS OF THE CERTIFICATES. :Registration, Transfer, Conversion and Exchange; Authentication. (a) The City shall keep or cause to be kept at The Bank of New York, New York (the "Paying Agent/Registrar") books or records for the regis- tration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein pro- vided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The City shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Paying Agent/Registrar shall make the Registration Books available within the State of Texas. The City shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer; conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. Except as provided in Section 4(c) of this Ordinance, an authorized representative of the Paying AgenURegistrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the City or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be printed or typed on paper of customary weight and strength. Pursuant to Article 717k-6, Vernon's Annotated Texas Civil Statutes, as amended, and particularly Section 6 thereof, the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General and registered by the Comptroller of :Public Accounts. GBORCW-/CO: ORDINANCE. A'L 7/31 /95 4 (b) Payment of Certificates and Interest. The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all as provided in this Ordinance. The Paying Agent/Reglistrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certifi- cates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the past due interest shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Registered Owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (c) In General. The Certificates (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the Registered Owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by the City at least 45 days prior to any such redemption date), (iii) may be converted and exchanged for other Certificates, (iv) may be trans- ferred and assigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall be administered and the. Paying Agent/Registrar and the City shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The Certificates initially issued and delivered pursuant to this Ordinance are not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE. (d) Substitute Paying Agent/Registrar. The City covenants with the Registered Owners of the Certificates that at all times while the Certificates are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 30 days written notice to the Paying Agent/Registrar, to be effective at such time which will not disrupt or delay payment on the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause a written notice (2�ORCi1CO: OWWANCEA2 7/31M 5 thereof to be sent by the new Paying Agent/Registrar to each Registered Owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (e) Book -Entry -Only System. The Certificates issued in exchange for the Certificates initially issued as provided in Section 4(h) shall be issued in the form of a separate single fully registered Bond for each of the maturities thereof registered in the mrane of Cede & Co. as nominee of DTC and except as provided in subsection (f) hereof, all of the Outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC. With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC participants (the "DTC Participant") or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates.. Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC participant or any other person, other than a Registered Owner, as shown on the Registration Books, of any notice with respect to the Certificates, including any notice of redemption, or (iii) the payment to any DTC Participant or any person, other than a Registered Owner, as shown on the Registration Books of any amount with respect to principal of, premium, if any, or interest on the Certificates. Notwithstanding any other provision of this Ordinance to the contrary, but to the extent permitted by law, the City and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment off principal, premium, if any, and interest, with respect to such Bond, for the purposes of registering transfers with respect to such Certificates, and for all other purposes of registering transfers with respect to such Certificates, and for all other purposes whatsoever. The Paying Agent:/Registrar shall pay all principal of, premium, if any, and interest on the Certificates only to or upon the order of the respective Registered Owners, as shown in the Registration Books as provided in the Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the Registration Books, shall receive a Bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to the Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record Date the word "Cede & Co. " in this Ordinance shall refer to such new nominee of DTC. c201cE/co: ORZMANCE. *2 7n 1 M 6 (fl Successor Securities Depository; Transfer Outside Book -Entry -Only System. In the event that the City determines to discontinue the book -entry system through DTC or a successor or DTC determines to discontinue providing its services with respect to the Certificates, the City shall either (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC acrid DTC Participants of the availability through DTC of Certificates and transfer one or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Registered Owner transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. (g) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the City to DTC. (h) Initial Bond(s). The Certificates herein authorized shall be initially issued as fully registered bonds, being one bond for each maturity in the denomination of the applicable principal amount and the initial Bond(s) shall be registered in the names of the Purchaser or the designees thereof as set forth in Section 12 hereof. The initial Bond(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchaser. Immediately after the delivery of the initial Bond(s), the Paying Agent/Registrar shall cancel the initial Bond(s) delivered hereunder and exchange therefor Certificates in the form of a separate single fully registered Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of DTC and except as provided in Section 4(f), all of the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC. Section 5. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. ceoxcE/co: OMNA CE.a2 7/31M 7 FORM OF CERTIFICATE NO. R- UNITED STATES OF AMERICA PRINCIPAL STATE OF TEXAS AMOUNT COUNTY OF WILLIAMSON CITY OF GEORGETOWN, TEXAS $ COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION SERIES 1995 INTEREST DATE OF MATURITY RATE CERTIFICATES DATE CUSIP NO. August 15, 1995 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the CITY OF GEORGETOWN, in Williamson County, Texas (the "City"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the "Registered Owner") the principal amount set forth above, and to pay interest thereon from the Date of Certificates set forth above, on February 1, 1996 and semiannually on each August 1 and February 1 thereafter to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; except that if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged or converted from is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the Registered Owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at The Bank of New York, New York, which is the "Paying Agent/Registrar" for this Certificate at their office in Houston, Texas (the "Designated Payment/Transfer Office"). The payment of interest on this MORCE/CO: ORDMANCE. *2 7/31 M 8 Certificate shall be made by the Paying Agent/Registrar to the Registered. Owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the City required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the Registered Owner hereof, at its address as it appeared on the last business day of the month preceding each such date (the "Record Date") on the registration books kept by the Paying Agent/Registrar (the "Registration Books"). In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment ("Special Record Date,) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the :special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Certificate appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. Notwithstanding the foregoing, during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, payments made to the securities depository, or its nominee, shall be made in accordance with arrangements between the City and the securities depository. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the Registered Owner upon presentation and surrender of this Certificate for redemption and payment at the Designated Payment/Transfer Office of the Paying Agent/Registrar. The City covenants with the Registered Owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of a Series of Certificates dated August 1, 1995, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $725,000, for the purpose of (1) constructing improvements to the City's stormwater drainage system and (2) paying professional services including legal, fiscal, architectural and engineering fees and other such costs in connection therewith. GEORcE/CO: ORDWANCE.&2 7/31M 9 ON AUGUST 1, 2005, or on any date thereafter, the Certificates of this Series maturing on and after August 1, 2006 may be redeemed prior to their scheduled maturities, at the option of the City, with funds derived from any available and lawful source, at par plus accrued interest to the date fixed for redemption as a whole, or in part, and, if in part, the particular maturities to be redeemed shall be selected and designated by the City and if less than all of a maturity is to be redeemed, the Paying Agent/Registrar shall determine by lot the Certificates, or a portion thereof, within such maturity to be redeemed (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000). NO LESS THAN 30 days prior to the date fixed for any such redemption, the City shall cause the Paying Agent/Registrar to send notice by United States mail, first-class postage prepaid to the Registered Owner of each Certificate to be redeemed at its address as it appeared on the Registration Books of the Paying Agent/Registrar at the close of business on the 45th day prior to the redemption date and to major securities depositories, national bond rating agencies and bond information services; provided, however, that the failure to send, mail or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificates. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed. If due provision for such payment is made, all as provided above, the Certificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the Registered Owner to receive the redemption price from the Paying Agent/Registrar out of the fiends provided for such payment. If a portion of any Certificates shall be redeemed a substitute Certificates or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the Registered Owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the Registered Owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Certificate Ordinance. DURING ANY PERIOD in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the City and the securities depository. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate may, at the request of the Registered Owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate Registered Owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate Registered Owner, assignee or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and CEOA(EJCO: ORDMNCE. b2 7,31 M 10 procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satis- factory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Certificate may be executed by the Registered Owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the Registered Owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Certificate or portion thereof will be paid by the City. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date; provided, however, such limitation of transfer shall not be applicable to an exchange by the Registered Owner of the unredeemed balance of the Certificate. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the City, resigns, or otherwise ceases to act as such, the City has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the Registered Owners of the Certificates. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Certificate have been performed, existed and been done in accordance with law; that this Certificate is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged for such payment, within the limit prescribed by law, and that this Certificate, together with other obligations of the City, is additionally secured by and payable from the surplus revenues of the City's Utility System, being the combined Waterworks, Sewer and Flectric Light System, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or part of the Net Revenues of the City's Utility System, which amount shall not exceed $10,000 all as provided in the Certificate Ordinance. CWRMCO: 01MMANCE.*2 7/31/95 11 BY BECOMING the Registered Owner of this Certificate, the Registered Owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the City, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each Registered Owner hereof and the City. IN WITNESS WHEREOF, the City has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of said City, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Certificate. City Secretary (SEAL) C WRCZ/CO: ORDU"NCE.aa 7/31M 12 Mayor FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate has been issued under, the provisions of the Certificate Ordinance described in the text of this Certificate; and that this Certificate has been issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a Series which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Account;) of the State of Texas. Dated The Bank of New York, New York Paying Agent/Registrar UM Authorized Representative CWRMCO: ORDMANCe.&27/31 s 13 FORM OF ASSIGNMENT: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code, of Transferee) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. CWRMM. ORDINANCE. *2 7/31M 14 NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Certificate in every particular, with- out alteration or enlargement or any change whatsoever. FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COIVIPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Certificate has been regis- tered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public; Accounts of the State of Texas (COMPTROLLER' S SEAL) Section 6. INTEREST AND SINKING FUND. A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, .and shall be used only for paying the interest on and principal of said Certificates. All ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governing body of said City shall compute and ascertain a rate and amount of ad valorem tax which will be, sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Certificates as such principal matures (but never less than 2 % of the original amount of said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City, for each year while any of said Certificates are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the: credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said. Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 7. REVENUES. The Certificates together with other obligations of the City, are additionally secured by and shall be payable from and secured by the surplus revenues of the City's utility system, being the combined Waterworks, Sewer and Electric Light System (the "Utility System"), after payment of all operation and maintenance expenses, or collections thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligation (now or hereafter outstanding) which are payable from all or any part of the net revenues of the City's Utility System, with such amount not exceeding $10,000, GEORGFJCO: ORDHONCF. &2 7171/95 15 constituting "Surplus Revenues." The City shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to Section 6, to the extent necessary to pay the principal and interest on the Certificates. Notwithstanding the requirements of Section 6, if Surplus Revenues are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 6 may be reduced to the extent and by the amount of the Surplus Revenues then on deposit in the Interest and Sinking Fund or budgeted for deposit therein. The Mayor and the City Secretary are hereby ordered to do any and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund of this issue in ample time to pay such items of principal and interest. Section 8. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 8, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment, (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the City with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable or (3) any combination of (1) and (2). At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City, or deposited as directed in writing by the City. (c) The term "Government Obligations" as used in this Section, shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America., which may be United States Treasury obligations such as its State and Local Government Series, which may be in book - entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased MORCMJCO: ORDD"NCE. &2 7/31 /95 16 Certificates the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 9. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new certificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen or destroyed Certificates shall be made by the Registered Owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the Registered Owner applying for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Certificate, the Registered Owner shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate,, the Registered Owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or muti- lated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, and no default has occurred which is then con- tinuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the Registered Owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. In accordance with Section 6 of Article 717k-6, Vernon's Annotated Texas Civil Statutes, this Section 9 of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the City or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Regis- trar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 4(a) of this Ordinance for Certificates GEORC F'=CO: ORDINANCE. &2 7/31 /93 17 issued in conversion and exchange for other Certificates. Section 10. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED. The Mayor of the City is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the City's Bond Counsel and the assigned CUSIP numbers may, at the option of the City, be printed on the Certificates issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the Registered Owners of the Certificates. In addition, if bond insurance is obtained, the Certificates may bear an appropriate legend as provided by the insurer. Section 11. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE CERTIFICATES. The City covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the City covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed. therewith are so used, such amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; CEORMCO: ORDINANCH.*2 7rnivs 18 (d) to refrain from taking any action which would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Certificates, other than investment property acquired with -- (1) proceeds of the Certificates invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code! (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings, " within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (i) to maintain such records as will enable the City to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates. In order to facilitate compliance with the above covenants (h) and (i), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation, the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. «OR(E/CO: ORDINANCE.*2 7/31/" 19 It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates, the City will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the City agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In furtherance of such intention, the Ciry hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the City, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. Section 12. SALE OF CERTUTCATES. The Certificates are hereby initially sold and shall be delivered to Legg Mason Wood Walker, Inc. and Southwest Securities, Inc., at the price and in accordance with the terms and provisions of a Bond Purchase Contract in substantially the form attached hereto as Exhibit A, which the Mayor of the City is hereby authorized and directed to execute and deliver and the City Secretary is further authorized and directed to attest such agreement. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. The Initial Bonds shall be registered in the name of Legg Mason Wood Walker, Inc. Section 13. REMEDIES IN EVENT OF DEFAULT. In addition to all of the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees that in the event of default in payment of principal or interest on any of the Certificates when due, or, in the event it fails to make the payments required to be made into the Interest and Sinking Fund or defaults in the observance or performance of any other of the contracts, covenants, conditions or obligations set forth in this Ordinance or in the Certificates, the following remedies shall be available: (a) the Registered Owners shall be entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the City and the officials thereof to observe and perform the contracts, covenants, obligations or conditions prescribed in this Ordinance; and (b) any delay or omission to exercise any right or power accruing upon any default shall not impair any such right or power nor be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exer- cised from time to time and as often as may be deemed expedient. GEORGEXO: ORDINAM(E.&2 7131/95 20 Section 14. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Certificates shall be used along with other certificate proceeds for the purpose for which the Certificates are issued set forth in Section 1 hereof; provided that after completion of such purpose, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 11 hereof in order to prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 15. APPROVAL OF PAYING AGENT/REGISTRAR AGREEMENT AND LETTER OF REPRESENTATIONS. Attached hereto as Exhibit "B" is a substantially final form of Paying Agent/Registrar Agreement with an attached Letter of Representations. Each of the Mayor, City Manager and Director of Finance are hereby authorized to amend, complete or modify such agreement and the Letter of Representations as necessary and are further authorized to execute such agreement and the City Secretary is hereby authorized to attest such agreement. Section 16. SEVERABILITY. The provisions of this Ordinance are severable; and in case any one or more of the provisions of this Ordinance or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, the remainder of this Ordinance nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Section 17. EFFECTIVE DATE. This Ordinance shall become effective upon the final passage of this Ordinance, and no petition was received from the qualified electors of the City protesting the issuance of such Certificates. CMRMCO: 0300"NCZ. &a 7,311% 21 PASSED AND APPROVED on First Reading on the 8th day of August, 1995. PASSED AND APPROVED on Second Reading on the 22nd day of August, 1995. THE CITY OF GEORGETOWN: By: Leo Wood, Mayor City of Georgetown, Texas ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney (EORGE/CO: ORDU"mm.d2 7/311" 22 EXHIBIT ►►A►► BOND PURCHASE CONTRACT GEORCF/CD: ORDINANC7-.*2 7/31M A-1 EXHIBIT B PAYING AGENTIREGISTRAR AGREEMENT THIS AGREEMENT entered into as of August 15, 1995 (this "Agreement"), by and between the City of Georgetown, Texas (the "Issuer"), and The Bank of New York, New York, a banking corporation duly organized and existing under the laws of the State of New York (the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its Combination Tax and Revenue Certificates of Obligation, Series 1995 in the aggregate principal amount of $725,000 and its General Obligation Refunding Bonds, Series 1995 in the aggregate principal amount of $ (collectively, the "Securities"), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about September 19, 1995: and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof, all in accordance with this Agreement and the "Order" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Order." GEORGUOWnioo: PAnNG.A(.A 7f24/93 The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the designated office of the Bank as indicated on the signature page hereof, except that the payment and registration duties of the Bank will 'be performed from the Bank's designated office located in Houston, Texas. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Fiscal Year" means the fiscal year of the Issuer, ending September 30. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor of the Issuer, any one or more of said officials, delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political c 01tCZT "/G0: PAYINGAca 7fUN3 2 subdivision of a government. "Predecessor Securities" of any particular Security means every. previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Order). "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Order. "Order" means the order, ordinance or resolution of the governing body of the Issuer pursuant to which the Securities are issued, certified by the City Secretary of the Issuer or any other officer of the Issuer and delivered to the Bank. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice-chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfer of the Securities. "Stated Maturity" means the date specified in the Order the principal of a Security is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," Issuer," and Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of .Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon (;WR ,m: PAYINGACM 7n4,93 3 surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States Mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Order. ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Iscsuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall tie duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Deal- ers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re - registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be canceled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. (:PARGFT0WN/(70: PAYMG MM 71UN1 4 Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Canceled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. C;E0RG lTOWN/OD: PAYINGACM 7/UVS 5 In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the GWRGETOWN/OD: PAnNG.A(A 7/U/93 6 foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank. The Bank shall deposit any moneys received from the Issuer into a trust account to be held in a fiduciary capacity for the payment of the Securities, with such moneys in the account that exceed the deposit insurance available to the Issuer by the Federal Deposit Insurance Corporation, to be fully collateralized with securities or obligations that are eligible under the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for trust accounts until the principal and interest on such securities have been presented for payment and paid to the owner thereof. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. Subject to the Unclaimed Property Law of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after the final maturity of the Security has become due and payable will be paid by the Bank to the Issuer if the Issuer so elects, and the Holder of such Security shall hereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such monies shall thereupon cease. If the Issuer does not elect, the Bank is GPORGETO N/OD: PAYINO.MM 7fU/97 7 directed to report and dispose of the funds in compliance with Title Six of the Texas Property Code, as amended. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. Depository Trust Company Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements," effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. Attached hereto is a copy of the Letter of Representations with The Depository Trust Company. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. (MORGETO"ICU: PAYING.AGA7/21Af 8 Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page of this Agreement. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Order constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Order, the Order shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. GWRGETG"IGG: PAYING -MA 71UMS 9 Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon thirty (30) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. GFORGETOWN/OO: PAYINGAGR M4/91 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE BANK OF NEW YORK, NEW YORK a Title 10161 Centurion Parkway, 3rd Floor Tower Marc Plaza Jacksonville, Florida 32256 Attest: Title [BANK SEAL] CITY OF GEORGETOWN, TEXAS M Mayor P.O. Box 409, Georgetown, Texas 78627 [ISSUER SEAL] Attest: City Secretary GWRGUM"/OD: PAYMMAQl7/U/93 11 SCHEDULE A Paying Agent/Registrar Fee Schedule [To be supplied by the Bank] cIBORGETOwN/00: PAYiNG.AGR 7rUM Letter of Representations INainr of Issnerl (Name uFAgent I Attention: General Counsel's Office The Depository Trust Company 5) Water Street; 49t11 Floor New York, NY 10041-0099 Re: (Issnr Description' Ladies and Gentlemen: (Date) This letter sets forth our understanclirtg with respect to certain matters relating; to the above -referenced issue (the "Bonds")..-kgent %ill act ;Ls trustee. paling went, fiscal went, or other agent of Issuer with respect to the Bonds. The Bonds %oll be issued pursuant to a trust indenture. bond resOlutiora. or other such docu,nent authorizing the issuance of the Bonds clated 199_ (tlie "Doc.iiinellt"). t"l'nt6•rw nti•r'') is (listribIlting the' 13Onds dirotigh The Dej)Osito,ry Tnrst C:(,ntl);ui%• (I)TUT To irulim- I),rc to ;►e•ccht th(- I3O,lds as elit;ihle li,r dvl)()sit ;tt DTC:. and to 'Ict in acc(,rclanec� V,•ith its RIrIL's with r(•sl)c'et to thc. I3()II(Is, a,)d rlgc ,it. il• arr�, t„Ac• t1w ir(g rL-present;,ti(,ns to ixrc: 1. Prior to closing on the Bonds on , L99—, there shall be derxmitcd with DTC one Bond certilicate register(-cl in the name of DTC's nominee, Cede: & Co., liar each stated maturity of the- Bonds in the face amounts set lirrth on Schc-dule A hereto, the total of which r'VprCsCnts 100% of the principal amount ol' such Bonds. If, howevcr, the aggregate principal arnorrnt of any maturity exceeds $1.50 million, oil(, certificate \\,ill be issued with respect to each S 150 million of principal amomit and an additional certificate will be issued with respect to any remaining principad amount. Each $ 150 million Boild certificate shall bear the following legend: Unless this certificate is presented by an authorised representative of The Depository Tnist Company, a New York corporation ("DTC"), to Issuer or its agent for registration of transfer, exchange, or paNirrent, and any certificate issued is regristered in the name of Cede & Co. or in such other name .Ls is requested b\• an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity, its is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE. OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., hats an interest herein. 2. In the event of any solicitation of consents from or voting by holders of the Bonds, Issuer or Agent sha>11 establish a record date for such purposes (with no pro,-ision for revocation of consents or votes by subsequent holders) and shall, to the extent possible, send notice of such record date to DTC not less than 15 ca!endiv days in advance of such record date. 3. In the event of a full or pautial redemption or an ad%since refunding of pwt of the outstiinding Bonds, Issuer or Agent shall send a notice to DTC specifying: (a) the amount of the redemption or refunding; (b) in the case of a refunding. the maturity date(s) established under the refunding; and (c) the date such notice is to be mauled to beneficia>I o�,«iers or published (the 'Publication Date"). Such notice sliall be sent to DTC by a secure mews (e.g., legible telecopy, registered or certified mail, overnight delivery) in a timel-v manner designed to assure that such notice is in DTC's possession no litter than the close of business on the business clay before the Publication Date. Issuer or Agent shall forward such notice either in it separate secure transmission for each CUSIP number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes it manifest or list of each CUSIP submitted in that transmission. (The p:u-t%- sending such notice shall have a method to verify subsequently the use of such means and the timeliness of such notice.) The Publication Date sha.11 be not less than :30 days nor more than 60 days prior to the redemption date or, in the case of an advance refunding. the date that the proceeds are deposited in escrow. 4. In the event of an irritation to tender the Bonds. notice h, Issuer or :sent to Boncllrolders specifying the tenns of' the tender and the Publication Date of sucl} notice shall be sent to DTC by a secure means in the manner set forth ill the preceding Paragraph. 5. All notices and payment advices sent to DTC shall contain the CUSIP number of the Bonds. 6. Notices to DTC pursuant to Para`,raph 2 by telecop\- shall be sent to DTC's Reorganization Department at (212) 709-6896 or (212) 109-6891, and receipt of such notices shall be confirnned by telephoning (? [?) 709-6) U. Notices to DTC pursuant to Paragraph 2 by maul or by .ail ether rne:u►s shrill be sent to: Si►pc,r\isc�r; Prrr\\ Iie•orj4a1I1i1Itic►n Ike partrnent The Depositor'\ 11.11 (.:c►►np:a►ry T i i;rn► wr S(Iii-irc: 23rd F 1O()r' 7. Notices to I)'rc pttr-mint to Paragraph :i by tvic•c•opy s1u►II ix.. sent to I)'I"C's Call Notification Department at (516) 227-4164 or (516) 227-4190. Ii'the paIty sc riding the notice d :s not receive a tc�leccrpy rccc•iht I'rYrn► DTC ccmfin►ting that the notice h.Ls been wceived, such parh, shall tc,lcl)lurnc.� (516) 227-4070. Notices to DTC purst►ant to Paragnaph :3 1►y mail or by any other means shall. be Sant to: Cull Notification Department The Depository Tntst Company 711 Stewart Avenue Carden City, NY 115:30-4 7 19 8. Notices to DTC purswuit to, Paragraph 4 and notices of other actions (including mandatory tenclers, exchanges, and capital changes) by telecopy shall be sent to DTC's Reorganization Department at (212) 709-109:3 or (212) 709-1694, .uul receipt of such notices shall be confinned by telephoning (212) 709-6&S4. Notices to DTC pursuant to the above by mail or by any other means shall be sent to: tanager; Reorganization Department Reorganization Window The Depository Trust Company 7 Hanover Square; 2:3rd Floor New York, NY 10004-2695 9. Transactions in the Bonds shell be eli`rible for next -day finds settlement in DTC's Next -Day Funds Settlement ("NDFS') system. A. Interest pan-inents slia11 be received by Cede & Co., as nominee of DTC, or its registered assigns in next -day funds on eacli pa\, meat date (or the equivalent in accordance with existing arrangements between Issuer or Agent and DTC). Such payments shall be made payable to the order of Cede & Co. Absent any otlier existing arrangements such payments shaIl be addressed as follows: Manager; Cash Receipts Di%ldend Department The Depository Trust Company i Hanover Square; 24th Floor New York, NY 10004-2695 B. Principal Payments shall be received by Cede & Co.. iLs nominee of DTC. or its registered assigns in next -dad• funds on each payment date (or the equivalent in accordance \%ith existing arrangements between Issuer or Agent and DTC). Such Pay,nents shall be made payable to the order of'Cede & Co., arid shall be addressed xs follows: NDFS Redemption Department Tire Depository Trust Company .55 Water Street; 50th Floor New York, NY 10041-0099 10. DTC may direct Issuer or Agent to use any other telephone number or address as the mrtmrber or a ddre•ss to which notices or pa\inents of imtcrest m* primcilml rent.\ be sent. 11. In the• e%'c►rt of a rc•clermption, acceleration• or any ()trier similar tr;►rrsactiom (c•.g.. tc•mcic,r rm;tcic• alter am—ptc d in rc•sp(mse to Issmer.s or Ag(-.•nt•s imitation) nt•cc•stiit;ttimtra wduction in the aggreg;ac p►ir►c•ipal ;umunmt c►I' Bmlds orttstanclirrg or an ad ancv rehrmdim" c& part c,I• the 13omcls otrtst;utdimg. ixrc, in its discretion: (;t) rma%- rc•clmc•st issiier or Atic•nt lc► Issmt• and ;tmtlrc•rrticatc it llvw Bomd (vrtilic:►le. or (h) m;a\ rmako an ;tppr•c►pri:tte nc►t;ttic►n ml thl• 13c►mcl certilie;tte iricliultill" tlrc. d'Itt. ;uicl ;trnc►crnt c►I* scrch rc•tlmctic►rr in Irrincipal e\ct.pt in tht• ux"t• (d I'im.tl rrr;ttrn•it�, in which c;I'w tile• c t rlilic;ttt %%ill Irt• I)r•c•sentt-d to Issmc•r(JI-Agc.r►t pric)r tc► (rtknrc•nt il'reiItrin-d. 12. In the 0--twnt th,lt Issuer (IOL-nnines that beneficial miners of Bonds shall he able to obtain c(,Itif►cated Bonds, Issuer or Agent shall notify IYI'C of the ay.dlability of Bond certificates. III such event, Issuer or Agent shall issue, transfer, .Ills! ewhange Bond ceitificate5 in appropriate amounts, ,Is required by DTC and others. 13. DTC may discontinue providing its ie vices ,is securities depository with respect to the Bonds at any time by giving reasonable notice to Issuer or Agent (at which time DTC will confirm with Issuer or Agent the aggregate principal amount of Bonds outstanding). Under such circumstances, at DTC's request Issuer and Agent shall cooperate filly with DTC by taking appropriate action to make available one or more separate certificates evidencing Bonds to any DTC Participant having Bonds credited to its DTC accounts. 14. Nothing herein shill be deemed to require Agent to advance fund., on beh,llf of Issuer. Notes: Very tntly yours, A. if there is an agent (as defined in this Letter of Represctitadom). ,agent ;u «•ell as Issuer nmst sign this Letter. If them a no Atent, ui signing duff Letter Issuer itself t►nclert.dws to Imionit ,ill of the )I)Ugttiom set Forth herein. B. Uncler Roles of the %fttW6j%d Securities Ride ukiiq Bmuxl reLttin, to "food daven', a ntunicipd securities (le -,der must be ;thle to detennine the cL•tte that a notice of a partial atll or of m ;tch:uxe refurx1119 of a pwt of ;ut issue is published (die "publication (late-)."nie establishment of such a publication date is aukinessed ai P.tragnylt 3 of die Letter. C. Schedule B contains statements that DTC believes :u.t rttely describe DTC. the method of of cct riv book- entr tnutsfrrs of secwities clistrihuted thnnttdi DTC. wid certain reLitrcl nuitters. Received and Accepted: THE DEPOSITORY TRUST CONIPANY By: (.lnthorizvd ofTicrr) CC: t; ndi•r\%iiter Undummer'sCotio x•1 B%- By- Issuer) Authorized OfRceri Si` uture) authoriixd Officer's Si paturr) 8. Principal and interest payments on the Securities will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payable date in accordance with their respective holdings shown on OTC's records unless DTC has reason to believe that it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of OTC, the Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to OTC is the responsibility of the Issuer or the Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibilityof Direct and Indirect Participants. (9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its Participant, to the (Tender/Remarketing] Agent, and shall effect delivery of such Securities by causing the Direct Participant to transfer the Participant's interest in the Securities, on OTC's records, to the (Tender/Remarketing] Agent. The requirement for physical delivery of Securities in connection with a demand for purchase or a mandatory purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on OTC's records.] 10. DTC may discontinue providing its services as securities depository with respect to the Securities at any time by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Security certificates are required to be printed and deWered. 11. The Issuer may decide to discontinue use of the system of book -entry transfers through OTC (or a successor securities depository). In that event. Security certificates will be printed and delivered. 12. The information in this section concerning OTC and DTC's book -entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. 1. This Rider supersedes any contradictory language set forth in the Letter of Representations to which it is appended. 2. With respect to principal and income payments in the Securities: A. DTC shall receive all dividend and interest payments on payable date in same -day funds by 2:30 p.m. ET (Eastern Time). B. Issuer agrees that it or Agent shall provide dividend and interest payment information to a standard announcement service subscribed to by DTC. In the unlikely event that no such service exists, Issuer agrees that it or Agent shall provide this information directly to DTC in advance of the dividend or interest record date as soon as the information is available. This information should be conveyed directly to DTC electronically. If electronic transmission is not possible, such information should be conveyed by telephone or facsimile transmission to: The Depository Trust Company Manager, Announcements Dividend Department 7 Hanover Square, 22nd Floor New York, NY .10004 Phone: (212) 709-1270 Fax: (212) 709-1723, 1686 C. Issuer agrees that for dividend and interest payments, it or Agent shall provide automated notification of CUSIP-level detail to the depository no later than noon ET on the payment date. D. DTC shall receive maturity and redemption payments and CUSIP- level detail on the payable date in same -day funds by 2:30 p.m. ET. Absent any other arrangements between Agent and DTC, such payments shall be wired according to the following instructions: 10/ 15/051 Z Y_ Council meeting August 22 1995 Item No. AGENDA ITEM COVER SHEET FF SUBJECT: First Reading of an ordinance to rezone Stonehedge Subdivision, Section Three, Block J, Lot 31 from A. Agricultural to RM-2, Dense Multifamily or any more restrictive classification; and a request to waive rezoning fees. ITEM SUMMARY: The proposed rezoning area is also the area proposed for a 112 unit apartment complex. Recently, a detailed development plan was approved for the complex. Since the DDP conforms to all applicable regulations, it was reviewed and approved administratively. The applicant has submitted building plans which are currently being reviewed by the Building Inspections staff. In the -Concept Plan for this area accepted in 1984, and the Final Plat approved in 1985, this area is designated as multifamily residential. The remaining areas are indicated as single family residential and commercial. Most of the single family residential area has been developed to date, and the commercial has not. The commercial uses are adjacent to SH29, the residential uses are in the rear of the subdivision and the multifamily uses are placed between them, so as to buffer the single family residences from the commercial uses. The plats approved subsequent to then are based on that design. A new Concept Plan that was presented last year, but withdrawn, proposes to depart from that design. Assigning an RM-2 zoning classification to the subject area is consistent with the currently approved plans and plats. The City has determined that, since the submittal of the first application for the construction of the apartments has occurred, it is permitted to continue as approved regardless of the zoning district assignment. The Texas Government Code, Section 481.183, requires the City to do so. If this requested rezoning to RM-2 is not approved the apartments can still be constructed, but will be subject to the non -conforming provisions of the regulations. It is to the applicant's benefit to rezone for at least two (2) reasons. If the. complex were destroyed it could not be rebuilt unless it conformed to the current zoning, and typically, financial institutions will not lend funds to projects that are not consistent with applicable zoning. The site has direct access to a collector street (Reinhardt Boulevard) and is adjacent to a major arterial street (Inner Loop Road). Although the lot is 11.66 acres total, only 6.49 acres are developable due to a large detention pond on the southern half of the lot. This pond is serving the entire subdivision with the exception of the commercial uses proposed to front on SH29, which will provide on -site detention. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: Consistent with City policy, a request to waive the $250 rezoning fee is being processed with this application. This is the first rezoning request following annexation. COMMENTS: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to recommend approval of a rezoning of Stonehedge Subdivision, Section Three, Block J, Lot 31. from Al Agricultural to RM-2, Dense Multifamily. At its June 277 19957 meeting, the City Council voted to table this item until the July 25, 1995, meeting. At its July 25, 1995, meeting, the City Council voted to table this item until the August 22, 1995, meeting. ATTACHMENTS: Staff report and ordinance Submitted By: Edward J. arry, AICP - Di ector Division f Development S rvices Hildy L. gma, AICP Chief Planner REZONING OF STONEHEDGE SUBDIVISION, SECTION THREE, BLOCK J, LOT 31 FROM A. AGRICULTURAL TO RM-2, DENSE MULTIFAMILY OR ANY MORE RESTRICTIVE CLASSIFICATION OWNERS/APPLICANT: Dr. David Starr 3200 Indian Mound Road Georgetown, Texas 78628 512/863-6466 REQUEST: Rezoning of Stonehedge Subdivision, Section Three, Block J, Lot 31 from Al Agricultural to RM-2, Dense Multifamily or any more restrictive classification as recorded in Cabinet H, Slides 43-45 of the Official Plat Records of Williamson County, Texas. Location: Located on Stonehedge Boulevard and Reinhardt Boulevard. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: Annexation of this property is being considered by the City Council, therefore there is no zoning on the property at this time. However, pursuant to Section 1.205 of the Zoning Ordinance this property will be assigned an A, Agricultural zoning classification unless otherwise requested by the property owner. Proposed Use: Multifamily development. Surrounding Uses North: Vacant land (to be annexed) and Zoning: South: Stonehedge, Section One, Single family residences (to be annexed) East: Indian Creek Subdivision, single family residences (out of City) West: Stonehedge, Concept Plan approved (to be annexed) Century Plan: The Century Plan -Development Plan designates this location as Intensity Levels 3 and 5. SEE EXHIBIT B Notification: Notification requirements have been completed. Rezoning - Stonehedge Sub., Sec. 3, Bik J, Lot 31 August 16, 1995 Project # RZ 95-09/Fi1e:STNHDG3.REZ Page 1 HISTORY: The Concept Plan for Stonehedge Subdivision was reviewed and accepted by the City in May, 1984. At that: time, Concept Plans were considered accepted rather than approved. Sections One and Two were recorded in October, 1985. Section Three was recorded in February, 1986. The City Council initiated an annexation of Stonehedge Sections One, Two and Three, and an area which was submitted for approval as a Concept Plan of Churchill Farms on March 28, 1995. The two (2) public hearings have already occurred and the first and second readings of the ordinance to annex the area will occur on June 13, 1995, and June 27, 1995, respectively. The ordinance shall become effective on July 12, 1995. Upon annexation, the area is automatically assigned an A, agricultural zoning district classification. The rezoning ordinance will take effect July 26, 1995. ANALYSIS: The proposed rezoning area is also the area proposed for a 112 unit apartment complex. Recently, a detailed development plan was approved for the complex. Since the DDP conforms to all applicable regulations, it was reviewed and approved administratively. The applicant has submitted building plans which are currently being reviewed by the Building Inspections staff. In the Concept Plan accepted in 1984, and the Final Plat approved in 1985, this area is designated as multifamily residential. The remaining areas are indicated as single family residential and commercial. Most of the single family residential area has been developed to date, and the commercial has not. In the Concept Plan accepted in 1984, the desired stepping -down of uses was proposed. SEE EXHIBIT C The commercial uses are adjacent to SH29, the residential uses are in the rear of the subdivision and the multifamily uses are placed between them, so as to buffer the single family residences from the commercial uses. The plats approved subsequent to then are based on that design. The new Concept Plan that was presented last year, but withdrawn, proposes to depart from that design. Assigning an RM-2 zoning classification to the subject area is consistent with the currently approved plans and plats. Rezoning - Stonehedge Sub., Sec. 3, Elk J, Lot 31 August 16, 1995 Project # RZ 95-09/File:STNHDG3.REZ Page 2 Until about three (3) years ago the subdivision remained vacant. In the short time since then many residences have been built in Sections One and Two. There was substantial opposition to the apartments from the residents of those sections. It is perhaps this opposition that led to the request for annexation. The City has determined that, since the submittal of the first application for the construction of the apartments has occurred, it is permitted to continue as approved regardless of the zoning district assignment. The Texas Government Code, Section 481.183, requires the City to do so. If this requested rezoning to RM-2 is not approved the apartments can still be constructed, but will be subject to the non -conforming provisions of the regulations. It is to the applicant's benefit to rezone for at least two (2) reasons. If the complex were destroyed it could not be rebuilt unless it conformed to the current zoning, and typically, financial institutions will not lend funds to projects that are not consistent with applicable zoning. The site has direct access to a collector street (Reinhardt Boulevard) and is adjacent to a major arterial street (Inner Loop Road). It is probable that there will be some single family residences between this site and SH29 to the north based on the revised Concept Plan that was submitted for staff reviews but has not been forwarded to the Commission or City Council. Although the lot is 11.66 acres total, only 6.49 acres are developable due to a large detention pond on the southern half of the lot. This pond is serving the entire subdivision with the exception of the future commercial uses fronting on SH29, which will provide on -site detention. As demonstrated in the DDP filed for the apartment complex, the applicant proposes to construct nearly all of the units allowed by the Century Plan, 112 out of an allowed 120. Should the lot be resubdivided for single family residential usage instead, the most units possible are 47 when applying the minimum lot size requirement. The Century Plan allows up to 65 single family detached residential units for this lot. Therefore, the use of this lot for multifamily residential is the most efficient use of the densities allowed by the Century Plan, which was based on the Concept Plan. Rezoning - Stonehedge Sub., Sec. 3, Blk J, Lot 31 August 16, 1995 Project # RZ 95-09/File:STNHDG3.REZ Page 3 Fee Waiver: The applicant requests a waiver of the $250 application fee since this is the first rezoning request subsequent to the initial zoning assignment upon annexation. The City Council will consider this waiver request. STAFF RECOMMENDATION: Approval a rezoning of Stonehedge Subdivision, Section Three, Block J, Lot 31 from A, Agricultural to RM-2, Dense Multifamily. P & Z ACTION: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to approve a rezoning of Stonehedge Subdivision, Section Three, Block J, Lot 31 from A, Agricultural to RM-2, Dense Multifamily. August 16, 1995 Page 4 EXHIBIT A 8TONEHEOGE,SECTION THREE, BLOCK J. LOTW31 ~..��~~°, �` .'= ,`'° ..= ^ ` ' ��- EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': May 3, 1995 'PROJECT NAME': Stonehedge Section 3, Block J. Lot 31 2. 'GIVEN': acres of Intensity Level 1 acres of Intensity Level 2 8.74 acres of Intensity Level 3 acres of Intensity Level 4 2.92 acres of Intensity Level 5 acres of Intensity Level 6 11.66 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends ------------------------ --------------- ---------------- 1 0 -------- ---------------------------------------- 0 0 2 0 0 0 3 32,862 9.439 87 4 0 0 0 5 32,003 9,344 511 6 0 ---------------------------------------- --------------------------------------------------------------- 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity 64,866 Maximum GPO Wastewater Capacity: 18,783 Maximum Trip Ends 598 5. PERMITTED DEVELOPMENT (a) (b) (c) (d) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV DEVELOPMENT LAND USES ------------------------------------------------------ WATER WASTEWATERTRANSPORTATIOI UNITS I REDS I ALLOWED/UNIT - Detached SF --------------------------------------------------------------------------I ---------------------I ----------------I --------------------- Large Lot 56 65 999 I 56 I 23 I 23 housing units Average Lot 65 75 675 I 65 I 85 I 65 housing units Zero Lot Line 65 75 675 I 65 113 I 65 housing units Attached SF 100 107 551 100 I 169 I 100 housing units Multifamily 123 120 263 I 120 I 334 I 120 housing units Mobile Home 100 97 706 I 97 I 97 housing units Lodging 338 308 432 I 308 I I 308 rooms Institutional 189,113 204,165 711,534 189,113 I 189.113 square feet Church -with day care 210,603 226,304 38.458 I 38.458 38.458 square feet -w/o day care 348,740 375,664 831,111 I 348,740 I I 348,740 square feet Medical Office 155,927 167,707 185.435 I 155,927 I I 155.927 square feet General Office 178,202 206,409 234.667 178.202 I 178,202 square feet Retail, Mixed 99,793 115.234 36,227 I 36,227 I I 36,227 square feet Retail, Restaurant 41,581 39,132 52.630 I 39,132 I I 39,132 square feet Retail, Store 199,586 213,445 124,615 I 124,615 I I 124,615 square feet Employment Centers 178,202 206,409 130,769 I 130.769 I 130,769 square feet Warehouse 1,137.993 1,341.657 997,333 I 997,333 I I 997,333 square feet Mini -Warehouse ----------------------------------------------------------------------------- 16,216,400 ---------------------------------------------------- 18,783,200 2,301.538 -------------------- 2,301,538 I I --------------- 2,301.538 square feet STONEHEDGE CONCEPTUAL PLAN LAYOUT a ruRct w & 1 „o S.,T- BRANCn \ TCRCCPTOR \ ,r DRAINAGE AREA MAP LOCATION MAP tfv I ..•1' a I I_. j_. P.! ..• PCAL 1 \ j � Ili i •� � i `'\ ` �• \\ `\ � 1 � , MUL I I F AtJ l i I LOW DENS�1 m x n CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its regular public meeting of the: B' PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 6th day of June , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Rezoning of Stonehedge Subdivision, Section Three, Block J, Lot 31, from A, Agricultural to RM-2, Dense Multifamily or any more restrictiveclassification, located on Stone'l-ledge Boulevard and locally know: as Churchill Farms As one of the owners of adjacent property you are _invited to be present at such meeting if you desire to discuss t:-)e proposed plan. See attached Exhibit A for more detail. Date: 5/22/95 City of Georgetown A copy of the planning report related to this iteTM: will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS i Project Name: Stonehedge Sub. Sec 3, Blk J, Lot 31 Rezoning Name of Respondent: }, �� tJ Address of Respondent: if j--'��5 I am in favor: I object: If you wish to submit written comm lease respon�nning /31/95, It wi11 be provided to the Board of Adjustmen _ and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 (� Ead[E MAY 3 11995 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its regular public meeting of the: ®' PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 6th day of June 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101;, East 7th Street, Georgetown, Texas to consider the proposed: Rezoning of Stonehedge Subdivision, Section Three Block J Lot 31, from A, Agricultural to RM-2, Dense Multifamily or any more restrictive classification located on Stonehedge Boulevard and locally known as Churchill Farms As one of the owners of adjacent property you are invited to be Present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 5i22/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Stonehedge Sub Sec 3, Blk J, Lot 31 Rezoning Name of Respondent: JAMES & SUZANNE HARVEY Address of Respondent: GEORGETOWN, TX 78626 U I object: If ' you wish to submit written comment, pl Ua respond by 5/31/951 it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 Vato C'� uk-'" o-� P Ce— RuLqc-� U �Ao n,.� G�l— ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE STONEHEDGE SUBDIVISION, SECTION THREE, BLOCK J, LOT 31, AS RECORDED IN CABINET H, SLIDES 43-45 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM A, AGRICULTURAL TO RM-2, DENSE MULTIFAMILY RESIDENTIAL OR ANY MORE RESTRICTIVE CLASSIFICATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, an application has been made to the City Council for the purpose of changing the zoning district classification of the following. described real property ("the property"): STONEHEDGE SUBDIVISION, SECTION THREE, BLOCK J, LOT 31, AS RECORDED IN CABINET H, SLIDES 43-45 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, hereinafter referred to as "the property"; WHEREAS, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was riot earlier than fifteen (15) days for the first day of such publication; and WHEREAS, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and WHEREAS, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and WHEREAS, the City Planning and Zoning Commission in a meeting held on June 6, 1995, recommended changing said zoning district classification of the above described property from the A, Agricultural district zoning classification to RM-2, Dense Multifamily Residential district zoning classification, in accordance with Exhibit "A". Stonehedge, Section Three, Block J, Lot 31 Rezoning Ordinance No. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. 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 implements the following Policies of the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 1, which states: "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations"; and 2. Growth and Physical Development Policy 2, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense"; and 3. Growth and Physical Development Policy 4, which states: "The City will encourage new development and infill redevelopment in the community"; and 4. Environmental and Resource Conservation Policy 1, which states: "The City will take the steps necessary to protect the physical attributes that make Georgetown attractive"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the A, AGRICULTURAL district to RM-2, DENSE MULTIFAMILY RESIDENTIAL district, in accordance with Exhibit A , which is attached hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. 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. Stonehedge, Section Three, Block J, Lot 31 Rezoning Ordinance No. Page 2 of 3 SECTION 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of , 1995. PASSED AND APPROVED on Second Reading on the day of 1995. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Stonehedge, Section Three, Block J, Lot 31 Rezoning Ordinance No. Page 3 of 3 By: LEO WOOD Mayor EXHIBIT A 8TONEHEOGE,SECT[ON THREE, BLOCK J. LOTOY / ' / �:��~~' �`7 j 10 rA `�q G Council meeting August 22, 1995 Item No. 4;40 AGENDA ITEM COVER SHEET SUBJECT: First Reading of an ordinance to rezone 48.511 acres and 2.7355 acres in the William Addison Survey, and Stonehedge Subdivision, Section Three, Block N, from A, Agricultural to RS, Single Family Residential and C-1, Local Commercial or any more restrictive classification; and a request to waive rezoning fees. ITEM SUMMARY: A Concept Plan was submitted for this area in late 1994 and later withdrawn. The plan indicated single family residential lots in the location where the RS zoning district is requested and commercial lots in the location of the requested C-1 zoning district. The requested zoning districts in this application are consistent with that plan. SEE EXHIBIT D This property is located generally between the existing single family residential lots of Stonehedge Subdivision, Sections One and Two, and SH29. Between Sections One and Two and this subject rezoning area, however, is the lot proposed for multifamily residential use. It is also the subject of a rezoning on this agenda. The proposed C-1 zoning districts are appropriately located at the intersection of two (2) arterial streets. The Concept Plan which was submitted for review, but subsequently withdrawn, indicates that the single family lots will front on the interior local streets with their rear yards on the arterial streets. Since this rezoning departs from the accepted Concept Plan, it is necessary that a revised Concept Plan be approved that is consistent with the proposed rezoning. Section 23060 of the Subdivision Regulations requires Concept Plans to be consistent with the zoning of the area affected. Therefore, it may be appropriate to approve the rezoning prior to approving the revised. Concept Plan. However, proceeding in this order will create a period of time that the zoning of the land will be inconsistent with the accepted Concept Plan. To avoid this, it may be prudent to withhold the second reading of the rezoning ordinance until after a Concept Plan, consistent with the proposed rezoning, has been filed for review and approval. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: Consistent with City policy, a request to waive the $250 rezoning fee is being processed with this application. This is the first rezoning request following annexation. COMMENTS: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to recommend approval of a rezoning of 48.511 acres and 2.7355 acres in the William Addison Survey, and Stonehedge Subdivision, Section Three, Block N from A, Agricultural to RS, Single Family Residential and C-1, Local Commercial as depicted by Exhibit D, provided the second reading of the rezoning ordinance be withheld until a Concept Plan consistent with the proposed rezoning is approved. At its June 27, 1995, meeting, the City Council voted to table this item until the July 25, 1995, meeting. At its July 25, 1995, meeting, the City Council voted to table this item until the August 22, 1995, meeting. ATTACHMENTS: Staff report and ordinance Submitted Bv: zl---- b.- 16z� Edward J. arry, AICP -te'victes recor Division Development d �-r- 4 -=V-04 Hildy L. I ' gma, AICP Chief Planner REZONING OF 48.511 ACRES AND 2.7355 ACRES IN THE WILLIAM ADDISON SURVEY, A PORTION OF THE STONEHEDGE SUBDIVISION CONCEPT PLAN; AND STONEHEDGE SUBDIVISION, SECTION THREE, BLOCK N, FROM A, AGRICULTURAL TO RS, SINGLE FAMILY RESIDENTIAL AND C-1, LOCAL COMMERCIAL OR ANY MORE RESTRICTIVE CLASSIFICATION OWNER/APPLICANT: Mr. Robert Wunsch Stonehedge Partners, Inc. 30444 Berry Creek Drive Georgetown, TX 78628 512/244-9707 REQUEST: Rezoning of 48.511 acres in the William Addison Survey, as recorded in Volume 1599, Page 175 and Volume 2349, Page 88 of the Official Deed Records; and 2.7355 acres in the William Addison Survey as recorded in Volume 1599, Page 175 and further described as Tract Five in a Declaration of Restriction in Volume 2332, Page 132 of the Official Deed Records, both being a portion of the Stonehedge Subdivision Concept Plan; and Stonehedge Subdivision, Section Three, Block N, as recorded in Cabinet H, Slides 43-45 of the Official Plat Records of Williamson County, Texas, from A, Agricultural to RS, Single Family Residential and C-1, Local Commercial or any more restrictive classification. Location: Located on State Highway 29 East. SEE EXHIBIT A Existing Site: Vacant land. Existing Zoning: Annexation of this property is being processed at this time. An A, Agricultural zoning district will be automatically assigned upon annexation. Proposed Use: Commercial and single family residential. Surrounding Uses North: SH29, undeveloped land and single family residences and Zoning: (RS and out of City) South: Stonehedge, Section 3 (Block J, proposed RM-2 by Rezoning - Stonehedge Sub.Concept Plan and Sec. 3, Blk N August 16, 1995 RZ 95-10/File:STNHG-CC.REZ Page 1 CM:CS separate agenda item) (Blocks O and P, to be annexed) and undeveloped land (out of City) East: Indian Creek Subdivision and Dove Springs Subdivision, residential single family (out of City) and undeveloped land (soon to be annexed) West: St. Helen's Catholic Church and single family residences (out of City) Century Plan: The Century Plan -Development Plan designates this location as Intensity Levels 3 and 5. SEE EXHIBIT B Notification: Notification requirements have been completed. HISTORY: The Concept Plan for Stonehedge Subdivision was reviewed and accepted by the City in May, 1984. Sections One and Two were recorded in October, 1985. Section Three was recorded in February, 1986. A Revised Concept Plan for the area under consideration in this rezoning was submitted for review in November, 1994. The applicant withdrew the request prior to being considered by the Planning and Zoning Commission. ANALYSIS: As stated above, a Concept Plan was submitted for this area in late 1994. The plan indicated single family residential in the location where the RS zoning district is requested and commercial in the location of the requested C-1 zoning district. Although it was not required, the Concept Plan indicated the proposed lot layout. The residential lots all take access from local streets that come off of Inner Loop Road, Reinhardt Boulevard and Stonehedge Boulevard. The commercial lots were proposed at the corners of Inner Loop Road and SH29. The requested zoning districts in this application are consistent with the Concept Plan that was submitted last year. This property is located generally between the existing single family residential lots of Stonehedge Subdivision, Sections One and Two and SH29. Between Sections One and Two and this subject rezoning area, however, is the lot proposed for multifamily residential use. It is also the subject of a rezoning on this agenda. As pointed out in that report, the proposed Rezoning - Stonehedge Sub.Concept Plan and Sec. 3, Blk N RZ 95-10/File:STNHG-CC.REZ CM:CS August 16, 1995 Page 2 multifamily project is adjacent to both Inner :Loop Road and Reinhardt Boulevard. The intersection of Inner Loop Road and SH29 is not developed at this time. This segment of Inner Loop Road is one of the options being considered for the Mokan (SH130) route that will intersect with IH35 just north of Georgetown and return to IH35 south of Austin. SEE EXHIBIT C The Georgetown City Council recently endorsed a route about one (1) mile east of Inner Loop Road. The actual route has not been determined yet. Should this segment of Inner Loop Road not be included in the Mokan route, it will likely serve as a portion of the Georgetown Inner Loop. The Inner Loop generally surrounds the City on the west, south and southeast. This could be its most eastern segment. If this segment does eventually become the Mokan route, a larger commercially zoned area may be warranted at this location, and it may be appropriate to allow districts which permit more intense uses. However, given the City Council's endorsement of the alternate route, it is reasonable to expect that this may not be the future Mokan route. The proposed C-1 zoning districts are appropriately located at the intersection of two (2) arterial streets. They abut the proposed RS districts; however, the limited uses of the proposed C-1 district, the bufferyard requirement and the small area dedicated to commercial use should help lessen the effects of the commercial use on the residences. Furthermore, the Subdivision Regulations prohibit single family residences from taking access from arterial streets. The Concept Plan which was submitted for review, but subsequently withdrawn, indicates that the single family lots will front on the interior local streets with their rear yards on the arterial streets. Since this rezoning departs from the accepted Concept Plan, it is necessary that a revised Concept Plan be approved that is consistent with the proposed rezoning. Section 23060 of the Subdivision Regulations requires Concept Plans to be consistent with the zoning of the area affected. Therefore, it may be appropriate to approve the rezoning prior to approving the Rezoning - Stonehedge Sub.Concept Plan and Sec. 3, Blk N RZ 95-10/File:STNHG-CC.REZ CM:CS August 16, 1995 Page 3 revised Concept Plan. However, proceeding in this order will create a period of time that the zoning of the land will be inconsistent with the accepted Concept Plan. To avoid this, it may be prudent to withhold the second reading of the rezoning ordinance until after a Concept Plan, consistent with the proposed rezoning, has been filed for review and approval. STAFF RECOMMENDATION: Approval of a rezoning of 48.511 acres and 2.7355 acres in the William Addison Survey, and Stonehedge Subdivision, Section Three, Block N from A, Agricultural to RS, Single Family Residential and C-1, Local Commercial as depicted by Exhibit D. P & Z ACTION: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to approve a rezoning of 48.511 acres and 2.7355 acres in the William Addison Survey, and Stonehedge Subdivision, Section Three, Block N from A, Agricultural to RS, Single Family Residential and C-1, Local Commercial as depicted by Exhibit D, provided the second reading of the rezoning ordinance be withheld until the Concept Plan, consistent with the proposed rezoning, is approved. Rezoning - Stonehedge Sub.Concept Plan and Sec. 3, Blk N RZ 95-10/Fi1e:STNHG-CC.REZ CM:CS August 16, 1995 Page 4 HIBI DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': May 3, 1995 'PROJECT NAME': Stonehedge, Section 3, Block N and remainder of original Concept Plan 2. 'GIVEN': acres of Intensity Level 1 acres of Intensity Level 2 12.86 acres of Intensity Level 3 acres of Intensity Level 4 44.14 acres of Intensity Level 5 acres of Intensity Level 6 57.00 TOTAL ACRES 3. ALLOWABLE DEMAND. - INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD ----------------------------------------------------------------------------------------------------- Peak Trip Ends 1 0 0 0 2 0 0 0 3 48.339 13,884 129 4 0 0 0 5 483,763 141,245 7,724 6 0 0 -------------------------------- --------------------------------------------------------------------- 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 532,102 Maximum GPO Wastewater Capacity: 155,129 Maximum Trip Ends: 7,853 5. PERMITTED DEVELOPMENT: (a) (b) (c) (d) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV DEVELOPMENT LAND USES WATER -------------- ------------------------------------------------------------------------------------------ WASTEWATER TRANSPORTATIO UNITS RE:GS ALLOWED/UNIT Detached SF Large Lot 460 Average Lot 533 537 13,110 460 114 114 housing units Zero Lot Line 533 621 621 8.863 8,863 533 533 414 552 414 housing units 533 housing units Attached SF 819 Multifamily 886 7,224 819 828 819 housing units 1,008 Mobile Home 819 994 804 3,458 994 1,650 994 housing units Lodging 2.771 2,543 9.271 5.666 804 2543 804 housing units 2.543 rooms Institutional 1,551,318 Church 1,686,188 9,337,556 ( 1,551.318 1.551,318 square feet -with day care 1,727,604 -w/o day care 1.869,027 504,684 504,684 504,684 square feet 2,860,763 Medical Office 3,102,586 10,906.785 2.860,763 2,860,763 square feet 1,279,091 General Office 1,461,819 1,385,083 1,704,717 2,433,494 3.079.563 1,279,091 1,461,819 1.279,091 square feet 1.461,819 Retail, Mixed 818.618 951.713 475,414 475,414 square feet 475.414 square feet Retail, Restaurant 341,091 Retail, Store 323,186 690,667 323,186 323,186 square feet 1,637,237 Employment Centers 1,461,819 1,762,833 1,704,717 1.635,336 1.716,102 1,635.336 1,461,819 1.635,336 square feet 1.461,819 Warehouse 9,335,123 Mini -Warehouse 11,080,663 13,088,142 9,335.123 square feet 9.335,123 square feet 133,025,500 --------------------------------------------------------------------------------------- 155.129,280 30,203,404 30,203,404 30,203.404 square feet EXHIBIT C MOKAN (STATE HIGHWAY 130) OPTIONS i 11161 �1 All dE.o ms! �' • � _ . o o � .• �tmmm�oaa v aon �� 00000 • o.nwamen rom.Qa.n�.�� 00 • . oo,ee� o000 0.. s o0 00 00 om w o.. A • a om saw a o0 ov QO Q�C�op���� e��,.• a o a.a �.. •gat :�ti��` p•�•��!�l� *o� �1�, �►,"�voo... op 0 �� o ��© 4vooe �� 00 R•:o �� Opp � Oodd� v o•p0 EXHIBIT D �.�a�w_�u.ia�����.�.����r � ••.:�� ',A' ♦♦� s-rTr��r�a���r��s�-r►�a,►�o• ..rv-• sue. MA =5 OVA MA ♦ ♦ ♦♦ I♦♦ ... �♦ .. MA I MA MA ♦♦ ♦ i� ♦♦♦i♦i♦♦♦ ��!♦�► VA ♦♦ 11*0*1 III ♦♦♦♦�►.�►♦r♦♦♦jl��►�'►' MA I I / , 4- -4- _ _ _ / PLACE f� 1 1 4, r '�- _ I 1 r,� I II i '1 -- tII -- -� �M-_- Y yet pR --- ---t --- -tIr _ _ �� Sr.. t I LEGEND 14 1 ,'H PROP. C- 1 PROP. R -S PROP. ZONING FOR CHURCHILL FARMS PROPERTY OWNED BY STONEHEDGE PARTNERS CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNE OF A PUBLIC MEETING MAY : 0 a« Notice is hereby given that the City of Georgetown will hold its regular public meeting of the: LP1 PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 6th day of June 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Rezoning of Stonehedge Subdivision, Section Three, Block N and 2.74 acres and 48.51 acres in the William Addison Survey from A, Agricultural to RS Residential Single Family and 2.15 and 2.26 acres in the William Addison Survey, from A Agricultural to C-1 Local Commercial or any more restrictive classification and locally known as Churchill Farms As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 5/22/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information ozone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Stonehedge, Sec 3 and tract in Wm. ,_dAson Survey Name of Respondent:Ly K� Address of Respondent : ybKEG-1C1 �_) j� �� ��, ��"}Cj EIS �15 I am in favor: X11 -I object: If you wish to submit written comment, please respond by 5/31/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. 0. Box 409 Georgetown, Texas 78627 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City regular public meeting of the: (� PLANNING AND ZONING COMMISSION This meeting will be held on the 6th L�O�MAY � I I99$D of Georgetown will hold its 6:00 p.m. at its regular meeting place 101 East 7th Street, Georgetown, Texas ❑ BOARD OF ADJUSTMENT day of June , 1995, at in the Council Chambers, to consider the proposed: Rezoning of Stonehedge Subdivision, Section Three, Block N and 2.74 acres and 48.51 acres in the William Addison Survey from A, Agricultural to RS, Residential Single Family and 2.15 and 2.26 acres in the William Addison Survey, from A, Agricultural to C-1, Local Commercial or any more restrictive classification and locally known as Churchill Farms. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 5/122/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Stonehedge, Sec. 3 and tract in Wm Addison Survey Name of Respondent: 410 KEENLAND DR Address of Respondent: GEORGETOWNI, TX 78626 I am in favor: object: If you wish o ubmi.t written comment, please respond by 5/31/95, it will be p- vided to the Board of Adjustment or. Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE 48.511 ACRES AND 2.7355 ACRES IN THE WILLIAM ADDISON SURVEY, A PORTION OF THE STONEHEDGE SUBDIVISION CONCEPT PLAN; AND STONEHEDGE SUBDIVISION, SECTION THREE, BLOCK N, AS RECORDED IN VOLUME 1599, PAGE 175, VOLUME 2349, PAGE 88, VOLUME 2332 PAGE 132 OF THE OFFICIAL DEED RECORDS AND CABINET H, SLIDES 43-45 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM A, AGRICULTURAL TO RS, RESIDENTIAL SINGLE FAMILY AND C-1, LOCAL COMMERCIAL OR ANY MORE RESTRICTIVE CLASSIFICATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, an application has been made to the City Council. for the purpose of changing the zoning district classification of the following described real property ("the property"): 48.511 ACRES AND 2.7355 ACRES IN THE WILLIAM ADDISON SURVEY, A PORTION OF THE STONEHEDGE SUBDIVISION CONCEPT PLAN; AND STONEHEDGE SUBDIVISION, SECTION THREE, BLOCK N, AS RECORDED IN VOLUME 1599, PAGE 175, VOLUME 2349, PAGE 88, VOLUME 2332 PAGE 132 OF THE OFFICIAL DEED RECORDS AND CABINET H, SLIDES 43-45 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, hereinafter referred to as the property"; WHEREAS, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and WHEREAS, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and 48.511 Acres and 2.7355 Acres in the William Addison Survey and Stonhedge Subdivision, Block N Rezoning Ordinance No. _ Page 1 of 3 WHEREAS, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and WHEREAS, the City Planning and Zoning Commission in a meeting held on June 6, 1995, recommended changing said zoning district classification of the above described property from the A, Agricultural district zoning classification to RS, Residential Single Family and C-1, Local Commercial district zoning classification, in accordance with Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. 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 implements the following Policies of the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 1, which states: "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations"; and 2. Growth and Physical Development Policy 2, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense"; and 3. Growth and Physical Development Policy 4, which states: "The City will encourage new development and infill redevelopment in the community"; and 4. Environmental and Resource Conservation Policy 1, which states: "The City will take the steps necessary to protect the physical attributes that make Georgetown attractive"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Base Ordinance and the Zoning Map of the City', as well as the Zoning District for the Property shall be and the same is hereby changed from the A, AGRICULTURAL district to RS, RESIDENTIAL SINGLE FAMILY and C-1, LOCAL COMMERCIAL district, in accordance with Exhibit "A", which is attached hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in 48.511 Acres and 2.7355 Acres in the William Addison Survey and Stonhedge Subdivision, Block N Rezoning Ordinance No. Page 2 of 3 conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. 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 sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of , 1995. PASSED AND APPROVED on Second Reading on the day of . 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney 48.511 Acres and 2.7355 Acres in the William Addison Survey and Stonhedge Subdivision, Block N Rezoning Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor EXHIBIT ilk SH 29 PROP- PROP. C-1 c- 1 --- j6W4ORSE _11�� ------ 2.15 A C, 2.26 AC. -------- I ----------- t5za- -------------- BLOCK 'Fe LOT I utpo. sm InA T BLOCK LOT 31 BLOCK '(f LOT I F 0 T- t At - Sr J11 - J - J "mT OR 3 1 LEGEND PROP. C-1 PROP. R-S PROP. ZONING FOR CHURCHILL FARMS PROPERTY OWNED BY STONEHEDGE PARTNERS Nlit Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: First Reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. ITEM SUMMARY: This is a portion of the Churchill Farms currently under consideration for annexation by the City Council. The area comprises 302 single family residential lots. Approximately one-half (1/2) of these lots are built upon, and if the current rate of new home construction in the subdivision continues, it should be built out very soon. Section 1.205 of the Zoning Ordinance requires that all property annexed into the City of Georgetown be assigned the A, Agricultural zoning district unless otherwise requested and approved by the City. As described above, this property is platted for single family residential use and is nearly one-half built out for that purpose. It does not seem reasonable, therefore, to annex this property into a non -conforming status. Further, there are a large number of different property owners in the area, which would likely result in a piecemeal rezoning of the area, if it occurred at all. For those reasons, on May 9, 1995, the City Council recommended that this rezoning be initiated in accordance with Section 14.1 of the Zoning Ordinance. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None COMMENTS: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to recommend approval of a rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. At its June 27, 1995, meeting, the City Council voted to table this item until the July 25, 1995, meeting. At its July 25, 1995, meeting, the City Council voted to table this item until the August 22, 1995, meeting. ATTACHMENTS: Staff report and ordinance Submitted By: Edward J Barry, AIC - Director Divisionlof DevelopqYent Services Hildy L. KYngma, AICP Chief Planner REZONING OF STONEHEDGE SUBDIVISION, SECTIONS ONE AND TWO FROM A, AGRICULTURAL TO RS, RESIDENTIAL SINGLE FAMILY APPLICANT: City -initiated application REQUEST: Rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family, as recorded in Cabinet G, Slides 280-285 of the Official Plat Records of Williamson County, Texas. Location: Located south of State Highway 29 and east of Inner Loop Road. SEE EXHIBIT A Existing Site: Single family residential. Existing Zoning: Annexation of this property is being processed at this time. An A, Agricultural zoning district will be automatically assigned upon annexation. Proposed Use: Single family residential. Surrounding Uses North: Stonehedge, Section 3 (Block J, proposed RM-2 by separate agenda item)( Blocks O and P, to be annexed) and undeveloped land (out of City) and Zoning: South: Agricultural land and County Central Maintenance Facility (out of City) East: Indian Creek Subdivision and Dove Springs Subdivision, residential single family (out of City) and undeveloped land (soon to be annexed) West: Churchill Farms, Concept Plan and undeveloped land (out of City)(soon to be annexed) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 3. SEE EXHIBIT B Notification: Notification requirements have been completed. Rezoning - Stonehedge Sub., See. 1 and 2 August 16, 1995 RZ 95-11/Fi1e:STNHG1&2.REZ Page 1 HISTORY: The Concept Plan for Stonehedge Subdivision was reviewed and accepted by the City in May, 1984. At that time, Concept Plans were considered accepted rather than approved. Sections One and Two were recorded in October, 1985. Section Three was recorded in February, 1986. ANALYSIS: This is a portion of the Churchill Farms currently under consideration for annexation by the City Council. The area comprises 302 single family residential lots. Approximately one- half (1/2) of these lots are built upon, and if the current rate of new home construction in the subdivision continues, it should be built out very soon. Section 1.205 of the Zoning Ordinance requires that all property annexed into the City of Georgetown be assigned the A, Agricultural zoning district unless otherwise requested and approved by the City. As described above, this property is platted for single family residential use and is nearly one-half built out for that purpose. It does not seem reasonable, therefore, to annex this property into a non -conforming status. Further, there are a large number of different property owners in the area, which would likely result in a piecemeal rezoning of the area, if it occurred at all. For those reasons, the City initiated this rezoning in accordance with Section 14.1 of the Zoning Ordinance. STAFF RECOMMENDATION: Approval of a rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. P & Z ACTION: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to approve a rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. Rezoning - Stonehedge Sub., Sec. 1 and 2 August 16, 1995 RZ 95-111Fi1e:STNHGI&2.REZ Page 2 II EXHIBIT A STONEHEDGE, SECTIONS ONE AND TWO EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE "DATE- 05/25/95 'PROJECT NAME': Stonehedge. Sections One and Two 2. 'GIVEN': acres of Intensity Level 1 acres of Intensity Level 2 85.15 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 85.15 TOTAL ACRES 3. ALLOWABLE DEMAND INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD ---------------------------------------•--------------------------- Average GPD Peak Trip Ends 1 0 0 ------------_------- 0 2 0 0 0 3 320.164 91.962 852 4 0 0 0 5 0 0 0 6 0 -------------- ---------------------------•-•---------•----•---•---•----- 0 0 -------------------- 4. TOTAL ALLOWABLE DEMAND Maximum GPO Water Capacity 320.164 Maximum GPD Wastewater Capacity 91.962 Maximum Trip Ends. 852 5. PERMITTED DEVELOPMENT (a) LAND USES POTENTIAL UNITS BY UTILITY WATER of MAXIMUM (cl PER DEV (d) DEVELOPMENT ------------- WASTEWATERTRANSPORTATIOI UNITS I REGS I ALLOWED/UNIT Detached SF ------------ Large Lot Average Lot 277 321 318 1.422 277 170 1 170 housing units Zero Lot Line 321 368 368 6 9� 321 618 ; 321 housingunits Attached SF 493 525 961 i 2 � I 321 housing units Multifamily 606 590 783 49318=` i 493 housing units Mobile Home 493 476 375 375 ! 2 a68 375 housing units Lodging 1.668 1,476 1.005 ; , 475 ; i 476 housing units Institutional Church 933,423 999.587 514 1.012.485 ; 61 a 1 933.423 l i I 614 rooms 933.423 square feet -with day care -w/o day care 1.039.494 1.721.312 1,107.976 54.724 I I 54.724 I 1 54.724 square feet Medical Office 769.625 1.839,240 821.089 1.182.639 ? 1.182.639 I 1 1.182.639 square feet General Office 879.571 1,010.57t 263.8671 333.9_�� , 263.867 ' 263.867 square feet Retail. Mixed Retail, a05.233 i 33"s.922 ; 51.550 ? 333.922 square feet Restaurant Retail, Store 205.233 191.588 191.588 74.550 7a.890 890 I 'a,890 I 890 1 51.550 square feet 74.890 square feet Employment Centers 985.120 879.571 1.045.023 1 .045.02 77 t 77 77 i i 177.322 square feet Warehouse Mini 5.616.912 6 .568,714 1 082 1.419.167 1 186.080 ; 1.419.167 I 186,080 square feet -Warehouse 80.041.000 91.962,000 3.2? 5.000 ; 1 3.2?5.000 1 1.419.167 square feet --------------- ------------------------------•------- ----•---------•------------------ - 1 - I 3.275.000 square feet CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its regular public meeting of the: Cf PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 6th day of June , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Rezoning of Stonehedge Subdivision, Sections One and Two from A, AGricultural to RS, Residential Single Family, or any more restrictive classification_, located on Reinhardt Boulevard and Georgetown Inner Loop Road and locally known as Churchill Farms As one of the owners of adjacent property you are :invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 5/22/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name:_ Stonehedge Subd, Sec One and Two Name of Respondent: 'iml E `C we Address of Respondent: 1,C3,j CIA-C)r-c ici__ I am in favor: �< I object: If you wish to submit written comment, please respond by 5/31/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development .Services Division P. O. Box 409 Georgetown, Texas 78627 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING MAY :i 11995 DI Notice is hereby given that the City of Georgetown will hold its gular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 6th day of June , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Rezoning of Stonehedge Subdivision, Sections One and Two, from A, AGricultural to RS, Residential Single Family, or any more restrictive classification located on Reinhardt Boulevard and Georgetown Inner Loop Road and locally known as Churchill Farms As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 5/22/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name:_ Stonehedge Subd, Sec One and Two Name of Respondent: ■�S-&-SUZANiVEY 410 KEENLAND DR Address of Respo dent: GEORGETOWN, TX 78626 I am in If you it will Zoning favor• I object: wish t submit written comment, please be provided to the Board of Adjustment Commission and City Council. respond by 5/31/95, or Planning and Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE; CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE STONEHEDGE SUBDIVISION, SECTIONS ONE AND TWO, AS RECORDED IN CABINET G, SLIDES 280-285 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM A, AGRICULTURAL TO RS, RESMENTIAL SINGLE FAMILY OR ANY MORE RESTRICTIVE CLASSIFICATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, an application has been made to the City Council for the purpose of changing the zoning district classification of the following described real property ("the property ) . STONEHEDGE SUBDIVISION, SECTIONS ONE AND TWO, AS RECORDED IN CABINET G, SLIDES 280-285 OF TEE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, hereinafter referred to as "the property"; WHEREAS, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and WHEREAS, written notice was given not less than fifteen (15) clays before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and WHEREAS, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and WHEREAS, the City Planning and Zoning Commission in a meeting held on June 6, 1995, recommended changing said zoning district classification of the above described property from the A, Agricultural district zoning classification to RS, Residential Single Family, in accordance with Exhibit "A". Stonehedge, Sections One and Two Rezoning Ordinance No. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby fouhd 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 implements the following Policies of -the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 1, which states: "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations"; and 2. Growth and Physical Development Policy 2, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense"; and 3. Growth and Physical Development Policy 4, which states: "The City will encourage new development and infill redevelopment in the community"; and 4. Environmental and Resource Conservation Policy 1, which states: "The City will take the steps necessary to protect the physical attributes that make Georgetown: attractive"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the A, AGRICULTURAL district to RS, RESIDENTIAL SINGLE FAMILY district, in accordance with Exhibit "A", which is attached hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. 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. Stonehedge, Sections One and Two Rezoning Ordinance No. Page 2 of 3 SECTION 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full fierce and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of , 1995. PASSED AND APPROVED on Second Reading on the day of .1995. ATTEST: Sandra D . Lee City Secretary APPROVED AS TO FORM: 11 Marianne Landers Banks City Attorney Stonehedge, Sections One and Two Rezoning Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor II EXHIBIT A STONEHEDGE, SECTIONS ONE AND TWO Council meeting date: 8-22-95 Items No. 141 AGENDA ITEM COVER SHEET SUBJECT An Ordinance extending time period for Southwest Georgetown Industrial District ITEM SUMMARY Ordinance would extend the term of Southwest Georgetown Industrial District from December 16, 1999 to December 16, 2010. In consideration for the extension, Texas Crushed Stone will donate approximately 3.09 acres to the City and Georgetown Railroad will donate approximately 4.71 acres to the City to be used for right of way for extension of Leander Road. In addition, Texas Crushed Stone will pay $100,000.00 cash to the City. Annual payments in lieu of taxes will continue throughout term of agreement. ATTACHMENTS Proposed Ordinance Submitted By: Marianne Landers Banks, City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCES 86-67 AND 92-30 TO EXTEND THE TIME PERIOD OF THE SOUTHWEST GEORGETOWN INDUSTRIAL DISTRICT AND TO AUTHORIZE REVISIONS OF THE TERMS AND CONDITIONS OF THE EXISTING AGREEMENTS WITH THE GEORGETOWN RAILROAD COMPANY, TEXAS CRUSHED STONE, AND THE MERLE P. WEIR ESTATE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 17, 1986, the City Council passed Ordinance No. 86-67 creating the Southwest Georgetown Industrial District, for certain properties located within the extraterritorial jurisdiction of the City of Georgetown; WHEREAS, the City has amended Ordinance No. 86-67, which originally created the Southwest Georgetown Industrial District, ("Industrial District"), and Ordinance No. 92- 30, which was the first extension of the Industrial District Agreement; WHEREAS, the current owners of the property are the Georgetown Railroad Company, Texas Crushed Stone, and the Merle P. Weir Estate (hereinafter "Owners"); WHEREAS, the Owners desire to extend the time period of the District; WHEREAS, the City desires to obtain easements and land ,for the extension of Leander Road and improve Railroad Street; WHEREAS, the creation and extension of the Industrial District is authorized by Section 42.044 of the Texas Local Government Code; and WHEREAS, the City Council determines that the extension of the time period of the District is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. 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 implements Growth and Physical Development Policy 3 of the Century Plan - Policy Plan Element, which states: "The City will establish annexation procedures and standards that will benefit the community"; Facilities, and Services Policy Southwest Industrial Ordinance No. Page 1 of 3 1 of the Century Plan - Policy Plan Element, which states: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council and Owners understand that the current agreement would expire on December 16, 1999, if not extended. The City Council hereby authorizes the effective dates of Ordinances No. 86-67 and 92-30 relating to the Southwest Georgetown Industrial District, as more fully described by metes and bounds in the attached Exhibit A, to be extended from December 16, 1999 until December 16, 2010. SECTION 3. The City Council further authorizes the amendment of the agreement with the Owners upon the terms and conditions set forth in the attached Exhibit B. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5. 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 and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown SECTION 6. The Mayor is hereby authorized to sign this ordinance and the revised agreements with the Owners, and the City Secretary to attest thereto. This ordinance shall become effective after signed by the Mayor and attested by the City Secretary. The revised agreements shall be binding immediately upon execution by all parties. PASSED AND APPROVED on First Reading on the 22nd day of August, 1995. PASSED AND APPROVED on Second Reading on the day of , 1995. ATTEST: Sandra D. Lee City Secretary Southwest Industrial Ordinance No. Page 2 of 3 THE CITY OF GEORGETOWN: Leo Wood, Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Southwest Industrial Ordinance No. Page 3 of 3 Exhibit A Being those. tracts of land located. outside the corporate 1 imi is but within the extra-terr-i tori al jurisdiction of the City of Georgetown, Texas, between the west' right -of: -way of J.H. 35 • and R.M. 2243, owned or leased by Texas Crushed Stone- and Georgetown Railroad, and being located within the John Powell, Joseph Thompson, Lewis J. Dyches and Francis A. Hudson surveys; Beginning at a point on the west R.O.W. line of I:H-35, said paint - being the northeas'Cer;, corner of a tract owned by Texas Crushed Stcne and . ocr:•:pi.erj ..ry.. Ki l.c: ,ka,i te. Tand staid point being located S 18"='7' 18" W 258.42' from a point of tangency on the west R.O.W. line of IH-35 located 196. 5' west of highway centerline station 9934-30.62; Thence, along said west R.O.W. of IH-35 with the following six (b) courses: 1. S ie-27' 18" W 2219.90' to a point of curvature to the left at highway centerline station 1018--09.05; 2. alone said curve to the left, having a central angle of 06�'03' a radius of 1 1 , 659. 16' , a chord bearing S �5,.25. 19,. W 12:33.e7, , r'Or .;t a: -_ :.sZZ� to a point ci 'angency at highway centerline station 1030+22.27; 1 1 .:,. 26 to a point o f curvature to t~e lef�; = . al cnc said curve to the 1 of t , havi nc_ a central anc i e cT a radius of 11,659. 16' , a chcr-d bearinc S 05^oe, E7" W, 2930-. 37' , for an arc di stance or 2946. 21 ' to a eci r,t or tangency at highway center-1 i ne stag cn 1070�-31 . 74' ; 5. S 02-05' 24" E, 615. 1 ' to a point or curN�ature to she right, being 200' west of highway centerline station 1076-4A . 9 ; 6. and a! cng said curve to the right, having a central angle of 35"06' 18" , a radius of 1095. 9' , a chard bearing S 15"27'42" W 661.0', for an arc distance of 671.a' to a ocint on the west R.O.W. line of IH-35, being the northeast corner of a certain tract purchased by Westinghouse Electric Co. from Raymond Pearson, ar.c beinc on the common north Round Rock City Limit line and the south Georgetown City 1 i mi t line, for the southeast corner o4 the tract herein described; Thence, along said common line and the north line of said Westinghouse tract the following three (3) courses: 1. S 86"43' 03" W 243. 57' to an angle point; •2. S 67 %33' 53" W 722. 98' to the northwest corner of said Westinghouse tract; 3. S 87^33'53" W 50.00' to the west line of the Georgetown " Railroad Company R.O.W.; _ Thence, S '6"41' 24" W al ong . the Gecrgetown Railroad R.O.W. 580. 3' to a point for corner, said point being in the south line of the John Powell Survey, Abstract 491 and the north line of the E. Evans Survey, Abstract 212; • Thence, in a generally westerly course, fol 1 owi ng along the south boundary line of the Texas Crushed Stone Company property and the south line of the John Powell Survey, Abstract 491 with the following courses: 1. S 68"43' 35" W 741 . 52' , 2. S 69^14'36" W 1,033.08', 3. S 69^27'24" W 342.28'7 4. S eO`30' 03" W 46. 67' , and 5. S 69^ 16' 40" W 17. 86. 45' , to A point being the southwest corner of the tract described herein, and said paint being one mile from the southeast corner of this tract as described above and the limit of the City of Georgetown's extraterritorial jurisdiction (E.T.J.) ; Thence, N 2^30' W approximately 3650' , to the i ntersect i cn of 2 arcs describing the boundary of the City of Georgetown's E.T.J. said arcs being defined by a one mile projection from the western R.O.W. of IH-35; Thence, N 06"00' E approximately 3580' and S 64' W approximately 150C' , tc a.n arc def i ned by a one mi 1 e ex tensi on from the most sout�tiwest corner of the Ci ty 1 :mi is al cne RM 2243; Thence, al onq a curve to the right with an 8800' chcrd bear i na N 6C"50' W a radius of 5280' and a cent'ral anel a of 114^7-0' t� a pci n t cn the southern R.C.W. cr RM 2243, sai pci nt bz: n _ c along the bcundary of the Ci ty' s E. i. J . ; Thence, along said southern R.O.W. N 83"30' E approximately 1.90C' to the northwest corner of a tract belonging to Texas Crusned Stone said tract being more particularly described ir. a Leer frcm L. G. and Merle P. Weir to A. C. Weir recorded in Val. 462 page 64e of the deed reccrts of William -son County, Texas; Thence, ccnt i nui nq along said southern R.O.W. as rci lows: N e5- 1790.70', N el^ =, 400.031, and N 77^ E, 676. 29' to the westernmost limits of the City cf Gecrgetown along RM 2243; Thence, ;allowing said City limits S 15^16' 38" E, 210' , N 74"43' 22" E, 172.39, to the point of beginning of a curve to the left and following said curve having a central angle -of 17^08' a radius of 2159. 86' and a long chcrd which bears Y 66"09' 22" E, 643. 47' for an arc distance of 645. 87 ' , Thence, S 19 E 203.92' , - N 71" E 361.14'9 N 77^ 35' E 685.051,, and N 18"48' W 437. 83' to the southern City limits, Thence, along the City limits with the following six (6) courses: 1. N 57^35'22" E 1240.34' to the beginning of a curve to the right, 2. along said curve, having a central angle of 01^57' , a radius of 1 1 , 209. 16' , a chord which bears N 58'''33' 52" E, 381.47' , for an arc distance of 381.49' to a point of- tangency; 3. N 59^32' 22" E, 1477. 66' to an angle point; 4. S 30"27' 38" 'E, 190 . 00' to an angle point; 5. parallel with and 420. 00' southerly of . and normal to said centerline of RM 2243• N 59^32' 22" E:, 692. 30' , 6. N 30^27' 38" W 420' to the -south R.O.W. of RM 2243, • Thence, along the southern R.O.W. of RM .2243 with, the following three (3) courses: 1. N 62^ E, 690'7 2. N 51^15' E 538.35', 3. N 45-15' E 987' to the northeast corner cf a tract leased from Mrs. Merle Weir to Texas CrUs+`led Stcne; Thence. al.cnc t!- e e•=.st nrcoerty 1 i^e of said �'1erl :- -WP=r c 18" 10' E approx i matel,r 3175' to the. nerthwes;t corner of the J. R. Barnes tract; Thence, along the north property line cf I. -II -Se Sarnes tract h 69^ 15' E 2570' to the northeast corner c= t`e tract described herein; _ -- „ 2_/ 1 I. Thence, al cnc �`e east property line oT she SarnF=s _ �•,ac t � .. E 2IS3' and S 21 "04' E approximately 517' to t`le western City 1 i mi ts, said Gci nt being along the cl d western R.O.W. o= Georgetown Railroad; Thence, ai cnS said western City limits as =01 1 ews: S 09^35' 252•• W approximately 520' to pci n t o= curvature at the re'. coat i on R. 0. 6J. routing the rai l road under IH-35, S C5-50Z' -2" W approximately 650 feet, and S 14^44' 20•• W, 469.2 feet to a corner; Thence, rc11cwing said City limit line S 5C^4Z' E, _'O' past she Georgetown Railroad east R.O.W. 'For a total cf 743. 5tc the point o= beginning. WAM11:� Second Amended Contract and Agreement with Texas Crushed Stone, Georgetown Railroad Company and the Merle P. Weir Estate for the Extension of the Southwest Georgetown Industrial District is being circulated among the property owners and will be submitted to the City Council upon second reading approval. Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consider approval of a Variance from the Design Standards of the Subdivision Regulations for the Resubdivision of Berry Creek Subdivision, Section Six; Section Seven, Phases One and Two; Section Eight, Phases One, Two and Three; and Berry Creek Subdivision, Section Eleven ITEM SUMMARY: The applicant has requested several variances to be applicable to the listed subdivisions. The first variance request is to Section 34020 G.2. to allow for the design and construction of side entry garages where desired. This design would require encroachments into the platted side setbacks, which is not allowed by the referenced section. The second variance request is to Section 34020 E. and Table 34020 to allow up to 65 percent impervious cover on each lot and to not consider swimming pools as impervious cover. The basis for this request is the fact that the golf course will remain in open space. The referenced sections limit impervious cover on single family residential lots to 40 percent. A final variance was requested to Section 34020 E. and Table 34020 to allow two (2) corner lots to have 15 foot front yard setbacks on their secondary frontages. The Commission and Council have typically approved this requested variance when the corner lot is situated back-to- back with an adjacent corner lot so a consistent setback can be maintained. The: subject lots do not meet this criterion. SPECIAL CONSIDERATIONS: With regard to the requested variance to impervious cover, there are two issues to consider. The Planning and Zoning Commission recommended approval of this request provided sufficient documentation acceptable to the City Attorney is approved prior to City Council consideration. The City Attorney has reviewed the documentation provided by the applicant to determine if it sufficiently limits the use of the golf course such that it will always remain open space, and to ensure that the golf course owners understand that their open space is being used as mitigation for additional open space on property they do not own or control. She has indicated that the documentation submitted is not sufficient for these purposes and the applicant has been informed that additional documentation will be required before this variance can be forwarded to the City Council. The City Attorney has also determined that because swimming pools are specifically listed in the definition of impervious cover included in the Subdivision Regulations, a variance cannot be considered for this issue. Any change to the definition will require a revision to the regulations. If this variance is considered appropriate, the staff and Planning and Zoning; Commission recommend that the City Council revise Section 34020 G.2. of the Subdivision Regulations to add the driveway to a side entry garage as an exception to the prohibition on impervious cover in side setbacks. This revision will be considered as a separate agenda item. FINANCIAL IMPACT: None. COMMENTS: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the following variances for the Resubdivision of Berry Creek Subdivision, Section Six; Section Seven, Phases One and Two; Section Eight, Phases One, Two and Three; and Berry Creek Subdivision, Section Eleven: to Section 34020 G.2. to allow only the encroachment of a driveway to a side entry garage; and to Section 34020 E. and Table 34020 to allow a maximum of 65 percent impervious cover on the lots provided sufficient documentation acceptable to the City Attorney is approved prior to City Council consideration to ensure that the golf course will be perpetual open space, after making the required findings of fact. Denial of the following variances on the subject property: to Section 34020 E. and Table 34020, thereby requiring swimming pools to be included in the calculation of impervious cover, and requiring Lot 12., Block D, and Lot 39, Block L in the Resubdivision of Berry Creek Subdivision, Section Seven, Phase One, to maintain two (2) 25 foot front yard setbacks. RECOMMENDED MOTION: The City Council's consideration of this request should only include the requested variance to Section 34020 G.2. for impervious cover in the side setbacks and to Section 34020 E. and Table 34020 for the front yard setbacks on the two (2) corner lots. The variance to Section 34020 E. and Table 34020 for 65 percent impervious cover should not be considered at this time. ATTACHMENTS: Staff report. Submitted B Edwar . Barry, AIC - Director Hildy L. K gma, AICP Div- on of Develop ent Services Chief Planner VARIANCE FROM THE DESIGN STANDARDS OF THE SUBDIVISION REGULATIONS FOR THE RESUBDIVISION OF BERRY CREEK SUBDIVISION, SECTION SIX; SECTION SEVEN, PHASES ONE AND TWO; SECTION EIGHT, PHASES ONE, TWO AND THREE; AND BERRY CREEK SUBDIVISION, SECTION ELEVEN OWNER: Mr. Robert D. Wunsch Berry Creek Partners 30444 Berry Creek Drive Georgetown, Texas 78628 930-9995 AGENT: Mr. Charles Wirtanen, P.E. CWC 30444 Berry Creek Drive Georgetown, Texas 78628 930-9995 REQUEST: Variance to the building setback and impervious coverage requirements of the Subdivision Regulations for Berry Creek Subdivision, Section Six; Section Seven, Phases One and Two; Section Eight, Phases One, Two and Three; and Berry Creek Subdivision, Section Eleven as recorded in Cabinet K, Slides 271-276, Cabinet L, Slides 88-89 and Slides 315-316 of the Official Plat Records and Volume 2231, Page 114 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Berry Creek Subdivision. SEE EXHIBIT A Existing Site: Single family residential lots. Existing Zoning: This property is located outside the City limits, so zoning does not apply. Proposed Use: Single family residences. Surrounding Uses: Single family residences. Notification: The notification requirements have been completed. Variance - Berry Creek, Sec. 's Six, Seven, Eight and Eleven VR#-95-15/ File:BC67811.VAR CM:HK August 11, 1995 Page 1 HISTORY: The Resubdivision of Berry Creek, Section Six, was recorded on June 309 1993; Section Seven, Phase One, was recorded on March 15, 1995; and Section Eight, Phase One, was recorded on June 15, 1994. Section Seven, Phase Two, and Section Eight, Phases Two and Three, were approved by the City Council on September 13, 1994, and were granted a one (1) year extension on March 14, 1995 (to expire on the same date in 1996). The Preliminary Plat for Section Eleven was approved by the City Council on March 28, 1995, and a Final Plat for Phase One was approved by the Planning and Zoning Commission on April 5, 1995. It has not yet been considered by City Council pending submittal of the construction plans. Although these plats received variances with their approvals, none were applicable to the subject request. ANALYSIS: Section 34020 G.2. Impervious Construction in. Side Setbacks This section prohibits structures or impervious construction in required side and rear setbacks except for limited exceptions for single family residential uses. Those exceptions do not apply to this request. The applicant has requested this variance in order to allow for the design and construction of side entry garages where desired. In order to ensure sufficient room for a range of vehicle sizes to turn into a side entry garage, the garage must be built 28 feet from the outside edge of the driveway. The typical lots in the subject subdivisions range from as small as 65 feet wide in Section Eight, Phase Three, to over 100 feet wide in Section Eleven. Most lots are in the range of 70 feet to 80 feet wide. If a home with a side entry garage is to be built on lots this small, it would have to be considerably smaller than the typical homes being built in Berry Creek in order to avoid any encroachments into the side setback. This may be a reasonable variance, in light of the previous similar variance approved by the Commission and Council, if it is limited to only those lots on which a house with a side entry garage will be built, and only for the encroachment of the driveway to the garage. The subject design standard was included in the current Subdivision Regulations when they were originally adopted in 1988. This standard appears to address the desire for unobstructed open space on each platted lot. It applies to lots platted for all land use types, with exceptions only for swimming pools, playscapes, and satellite dishes on single family residential lots. While a driveway by itself will not create a visual obstruction, it does create the possibility for parked vehicles which would become a visual obstruction. If this variance is considered Variance - Berry Creek, Sec. 's Six, Seven, Eight and Eleven VR#-95-15/ File:BC67811.VAR CM:HK August 11, 1995 Page 2 appropriate, staff recommends that the Planning and Zoning Commission and City Council revise Section 34020 G.2. of the Subdivision Regulations to add the driveway to a side entry garage as an exception to the prohibition on impervious cover in. side setbacks. Section 34020 E. and Table 34020 Impervious Cover Limit These provisions establish a maximum impervious coverage limit for single family lots of 40 percent. The applicant has requested a variance to allow up to 65 percent impervious cover on each lot and to not consider swimming pools as impervious cover. The basis for the request for an increase in the impervious cover is the fact that the golf course will remain in open space. However, the golf course is owned by someone other than the applicant in this case. The City Attorney is reviewing documentation provided by the applicant to determine if it sufficiently limits the use of the golf course such that it will always remain open space, and to ensure that the golf course owners understand that their open space is being used as mitigation for additional open space on property they do not own or control. It is possible that additional documentation will be required. This documentation is important in order to make this variance request supportable. In one other case, Sun City Georgetown, the per lot impervious cover has been increased due to the amount of open space being platted in the entire development. In that development, however, the open space is restricted by plat as such, and it will continue to be owned by the developer or the homeowners' association. Further, the plats for Sun City Georgetown commit to maintaining an overall impervious cover limit of no greater than 40 percent, consistent with the design standards of the Subdivision Regulations. EXHIBIT B is documentation submitted by the applicant to prove that there is sufficient open space in the golf course to maintain a maximum of 40 percent impervious cover overall if all the subject lots are developed to 65 percent impervious cover. Regarding the request to not include swimming pools in the calculation of impervious cover, the City Attorney has determined that variances cannot be granted for definitions contained within the ordinance. The definition of impervious cover contained in Section 70000 is as follows: "Roads, parking areas, buildings, swimming pools, rooftop landscapes and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets Variance - Berry Creek, Sec. 's Six, Seven, Eight and Eleven VR1f-95-1S/ File:BC67811.VAR CM:HK August 11, 1995 Page 3 and pavement within the development." Any change to this definition will require a revision to the Subdivision Regulations. Section 34020 E. and Table 34020 Front Yard Setback These provisions establish a front yard setback of 25 feet. The applicant states that "previous interpretations have taken the position that corner lots have two front yards." This is not merely a staff interpretation. Section 34020 F.4. states "the building setback line for all corner lots shall conform to the minimum requirements for the land use designated but shall never be less than twenty-five (25) feet from an existing or proposed street right-of-way." Given this standard, corner lots are required to have a 25 foot front yard on both street frontages. The applicant specifically requests to be allowed to establish 15 foot setbacks on the secondary front yards of the Resubdivision of Berry Creek, Section Seven, Phase One, Block D, Lot 12, and Block L, Lot 39. The Commission and Council have typically approved this requested variance when the corner lot is situated back-to-back with an adjacent corner lot and with the condition that access must be from the front yard with the 25 foot front yard setback. As illustrated by EXHIBIT C, the subject lots will not be back-to-back with adjacent corner lots. Further, both lots have over 4,000 square feet of buildable area with the two (2) 25 foot front yard setbacks as platted. Therefore, there does not appear to be a hardship relating to size constraints. A similar variance request in Riverview Estates was denied by the Planning and Zoning Commission and City Council in June 1994 because it would result in an inconsistent frontage. VARIANCE: After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070.B of the Subdivision Regulations: "In granting approval of a request for variance the Commission shall make findings that: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and Variance - Berry Creek, Sec. 's Six, Seven, Eight and Eleven VR#-95-15/ File:BC67811.VAR CM:HK August 11, 1995 Page 4 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." The attached letter has been submitted as documentation for the requested variance. STAFF RECONLVMNDATION: Approval of the following variances for the Resubdivision of Berry Creek Subdivision, Section Six; Section Seven, Phases One and Two; Section Eight, Phases One, Two, and Three; and Berry Creek Subdivision, Section Eleven: to Section 34020 G.2. to allow only the encroachment of a driveway to a side entry garage; and to Section 34020 E. and Table 34020 to allow a maximum of 65 percent impervious cover on the lots provided sufficient documentation acceptable to the City Attorney is provided prior to City Council consideration to ensure that the golf course will be perpetual open space, after making the required findings of fact. Denial of the following variances on the subject property: to Section 34020 E. and Table 34020, thereby requiring swimming pools to be included in the calculation of impervious cover, and requiring Lot 12, Block D, and Lot 39, Block L in the Resubdivision of Berry Creek Subdivision, Section Seven, Phase One, to maintain two (2) 25 foot front yard setbacks. Also, staff recommends a revision to Section 34020 G.2. to add the driveway to a side entry garage as an exception to the prohibition on impervious cover in side setbacks as outlined in Agenda Item #13. P & Z ACTION: At their regular meeting of August 1, 1995, the Planning and Zoning Commission voted 6-0 to recommend approval of the following variances for the Resubdivision of Berry Creek Subdivision, Section Variance - Berry Creek, Sec. 's Six, Seven, Eight and Eleven VR/1-95-15/ File:BC67811.VAR CM:HK August 11, 1995 Page 5 Six; Section Seven, Phases One and Two; Section :Eight, Phases One, Two and Three; and Berry Creek Subdivision, Section Eleven: to Section 34020 G.2. to allow only the encroachment of a driveway to a side entry garage; and to Section 34020 E. and Table 34020 to allow a maximum of 65 percent impervious cover on the lots provided sufficient documentation acceptable to the City Attorney is approved prior to City Council consideration to ensure that the golf course will be perpetual open space, after making the required findings of fact. Denial of the following variances on the subject property: to Section 34020 E. and Table 34020, thereby requiring swimming pools to be included in the calculation of impervious cover, and requiring Lot 12, Block D, and Lot 39, Block L in the Resubdivision of Berry Creek Subdivision, Section Seven, Phase One, to maintain two (2) 25 foot front yard setbacks. Variance - Berry Creek, Sec. 's Six, Seven, Eight and Eleven VR11-95-15/ File:BC67811.VAR CM:HK August 11, 1995 Page 6 02 1 501 AC.) 52 -01 -C L E I 400* —RVEY PIKOFF 2105 9 /03 ]t :7 1? AC 29 30, AC. -j EXHIBIT A B-ERRY CREEK , SECTION SIX., SECTION SEVEN, SECTION EIGHT AND SECTION ELEVEN .0 20 C 25 29 P' 30 3e 37 56 to -D \13, m CPC(. P.aT.(P-S 06. 3 -c CRE OC 21 4 9 C- \ �!, ')S• •� �\. •�. - • !• PIN -- � 1 2 4 7 F'RST TEX49DEVELOPW. 1:3 'c 7 . ........... F E�� L J 1� l F 10 s- \,S 2 -54- 5 N -0 10 oc- _C It "T 7.0 '-I .ITC -ELL 2 �.6 7 / 9:2 ec.Q� CREEK P�RtNERS 1352 W 2 11',/06. 7:A 59 04 AC 0 4 J. ..ElS.. F.. l � K i 11 . i':6K 4c t ge, A, J. - T- j V : 4 1 C\J I 'z 15 14 2,78 Ac z -NO -T-, —1.— 13 L r wx 2 50 A� 7 8 !A A, 2 165J 4 07, A� 12 '5 T R -1. 07A� �O r 9 4 L 5C 1 1 0 A. A 11 9 I 39.c 3 0- 0 5ok 00 141 10 c 6 6 14 RO 0 A 2 Ij APPROXIMATE TOTAL IMPERVIOUS COVER BERRY CREEK SECTIONS 6,7,8 & 11 INCLUDING GOLF COURSE ROAD' LOT MAX. -7 NO. OF AC AC AC AC 50' ROW 60' R OW 64' ROW I. C. I.C. I.C. SECTION LOTS TOTAL ROW OPEN LOTS LF LF LF AC AC) ----- -- --- - ---% 6 56; 15.16 2.267 01 12.893 1975 0 1,9841 8.380 68.4% 7-1 22 6.774 1.239 0 5.535 I 1080 0 0.996 1 3.5981 67.8% 7-2 I 37 14.866 2.089 0 12.777 1820 1 ol 1.677 8.305 j 67.1% 8-1 31 6.875 1.24 1 0 5.6351 12401 0 1.2031 3.663 70.8% 8-2 51 14.887 3.1451 0 11.742 2740 1 ol 2.4771 7.632 67.9% 8-3 11 -1 46 24 10.929 2.187 0 8.742 1905 ol 1 1.831 5.682 68.7% 11.484 2.873 0 8.611 1370 i 8851 2.544 5.597 70.9%1 11-2 11-3 481 47 20.036 16,9591 4.39 3.516. 0 0 15.643 13.443 1190 695 2060 4.417 10 .168! 72.8% 11-4 3 8,791 0.482 1850 3.741 8.738: 73.6% - 01 8.309 1201 91 0,330 5.401 65.2%, SUBTOTAL 365 126.761 23.431 -- 0j 103.331 1443b 4795 21.199,1 67 1.65 GOLF COURSE 133.33 - 0.523 132.807 - ------------- -- 0 3801 0 0.358J 01 0.3%11 TOTAL 3651--.260-091 23.9544159 132.807 103.33 14435 380 4795 34.1 m x 00 CWC Charles Wirtanen, P.E., Inc. 30500 Berry Creek Drive Georgetown, TX 78628 PH: 512/930-9995 FAX: 512/930-5080 July 3, 1995 Ms. Hildy Kingma City of Georgetown P.O. Box 409 Georgetown, TX 78626 Subject: Berry Creek Section Eleven Resubdivision of Berry Creek Section Six Resubdivision of Berry Creek Section Seven- Phase One Resubdivision of Berry Creek Section Seven- Phase Two Resubdivision of Berry Creek Section Eight- Phase One Resubdivision of Berry Creek Section Eight- Phase Two Resubdivision of Berry Creek Section Eight- Phase Three Variance Request Dear Ms. Kingma: This letter is to request a variances to the following sections of the City of Georgetown Subdivision Ordinance for the above listed subdivisions: 1) Section 34020 G of the subdivision ordinance. The ordinance does not allow impervious cover in the side setback. The applicant requests a variance to allow driveway construction in the side setback for driveways servicing side entry or "swing -in" garages. 2) Section 34020 E of the subdivision ordinance Table 34020 allows a maximum 40% impervious cover for R-SFD uses. The applicant requests the following variances: a) to allow up to 65% impervious cover on the lots, and b) to not count the water surface area of swimming pools as impervious cover. 3) Section 34020 E of the subdivision ordinance. Table 34020 requires a 25 ft. front setback. Previous interpretations have taken the position that corner lots have two front yards. The applicant requests that corner lots be allowed to have a 15' street side setback provided that access is limited to the front property line. Ms. Hildy Kingma July 3, 1995 Page Two Specifically, variances are requested to allow 15 ft. street setbacks on Las Colinas Dr. for Lots 121, Block D and Lots 39, Block L Amended Resubdivison of Berry Creek Section Seven, Phase One; provided that the homes on those lots are required to face La Quinta Drive. The following lists our response to the issues required to be considered by the Commission and Council. l . In what manner will the public convenience and welfare be substantially served? The variances allowing driveway encroachments into side setbacks and additional impervious cover will allow an improvement in project aesthetics. The current ordinance requirement encourages two story houses with front entry garages. If the variances are allowed more side entry and rear entry garages will result. Additional impervious coverage will allow the construction of more single story homes providing a more varied street scene. 2. Will appropriate use of the property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer is supportable. No, the resulting construction will result in an aesthetically more pleasing project with diverse floor plans and street scenes. 3. What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced with enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The hardship creating the request for this variance is the desire of homebuyers to construct appropriate sized homes using side entry and or single story homes. Side entry garages are penalized by the impervious cover and side setback limitations. Single story homes cannot achieve similar square footages as multi- story homes. Similarly, counting swimming pools as impervious cover substantially limits potential home size. 4. If the requested variance, if approved, will it confer upon the applicant a special right or privilege no commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. Ms. Hildy Kingma July 3, 1995 Page Three proposed variance confers no special right or privilege for the following reasons: a) Berry Creek has substantial golf course property which remain as open space with no impervious cover. The resulting overall impervious cover, if the requested variances are allowed is still substantially below that could occur in similar developments that do not provide the additional open space. Other developments, such as Sun City -Georgetown have received variances to allow additional impervious cover in similar circumstances. Riverview Estates has obtained variances to allow driveway construction in the side setback for side entry garages. Anyone proposing a condition equal, or superior to, that required by ordinance should receive similar treatment. 5. How is the public interest affected? There should be no negative effect on the public interest. The effect should be beneficial because the variances will allow more aesthetically pleasing street scenes. 6. List the special conditions that affect this property and justify the approval of the variance. The Resubdivisions of Berry Creek Sections Six, Seven and Eight are replacement plats that substantially reduced the number of lots originally platted and recorded. The original plats had no impervious cover limitation. The justification for the impervious cover limitation is to minimize elimination of potential recharge. The geology of this area consists primarily of clay soils overlaying limestone. As such, little recharge occurs in these subdivisions. the provision of some 130 acres of golf course provides an area equivalent to 390 lots upon which no impervious cover occurs. Inclusion of the golf course in the impervious cover calculations would allow approximately 600 lots to increase their impervious cover to 65%. 7. How will the spirit of the ordinance be observed if this request is granted? The impervious cover ordinance requirement was adopted to preserve potential recharge. The provision of the Berry Creek golf course and the fact that the soils in the area do not allow recharge means that the goals of that ordinance will be substantially preserved. The allowance of driveways in the side setback for lots with side entry and "side swing -in" garages will result in aesthetically more pleasing street scenes. The houses will still have the minimum separations Ms. Hildy Kingma July 3, 1995 Page Four required by the setbacks. The requirement for a 25 ft. front yard for both street yards assumes that the house could face either street. The requirement is effectively met when the house is required to face a particular street. 8. How will substantial justice be done if this request is granted? If this request is granted, the Resubdivisions of Berry Creek Section Six, Seven, and Eight will be allowed to proceed as originally platted (although with substantially fewer lots) when there was no impervious cover limitation. In addition, the provision of additional open space will not be penalized. If you should have any questions, please feel free to call. Sincerely yours, 41d Ak.,W1 Charles Wirtanen, P.E. JUL 2 4 i CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY O OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its gular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 1st day of August 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Variance from the desian standards of the Subdivision Reaulations for the Resubdivision of Berry Creek, Section Six, Section Seven, Phase One, Two and Three, Section Eight, Phase One and Two and Section Eleven. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date:07f 17f95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Variance - Berry Creek, Section Six, Section Seven, Section Eight and Section Eleven i Naive o f Respondent Address of Respondent: I am i favor : I obj ect If you wish to submit written comment, please respond by 07/26/951 it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 N .UL 24 1995 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its �gular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 1st day of August , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Variance from the design standards of the Subdivision Regulations for the Resubdivision of Berry Creek, Section Six, Section Seven. Phase One, Two and Three, Section Eiqht, Phase One and Two and Section Eleven. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date:07/17/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name:_Variance - Berry Creek, Section Six, Section Seven, Section Eiqht and Section Eleven Name of Respondent: *j,C- Address of Respondent: 3 � O 0 �o I am in favor: S -�-• �\ � ��� .� Cam.. I obj ect : If you wish to submit written comment, please respond by 07/26/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 -71d C-ayJ� CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNER OF A PUBLIC MEETING JUI 2 6 ► 95 Notice is hereby given that the City of Georgetown will hold its Frygular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 1st day of August , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Variance from the design standards of the Subdivision Requlations for the Resubdivision of Berry Creek, Section Six, Section Seven, Phase One, Two and Three, Section Eiqht, Phase One and Two and Section Eleven. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date • 07/17/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name:Variance - Berry Creek, Section Six, Section Seven_, Section Eight and Section Eleve Name of Respondent: : P � r Address of Respondent;.SD& / I am in favor • '`� L ✓ I object If you wish to submit written comment, please respond by 07f26f951 it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 Project Name: Variance - Berry Creek Section Six Section Seven Section Eight and Section Eleven S( leloC/ca` C�.m fG e-�l� -1290ALl%id-10 Name of Respondent: Address of Respondent: I am in favor: S I object: -------------- PROPERTY OWNER'S COMMENTS Project Name: Variance - Berry Creek, Section Six, Section Seven, Section Eight and Section Eleven %N ame o f Respondent : J 61 f-—bO U S f r— Address of Respondent:_ FOCI / 7 (DRKLA&jo I am in favor: L I object: PROPERTY OWNERS COMMENTS Project Name: Variance - Berry Creeki Section Six Section Seven Section Eight and Section Eleven Name of Respondent : /(J1A,,A--t V Address of Respondent: I am in favor: ✓ I object:_ If you wish to submit written comment, please respond by 07f26/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 Project Name: Variance - Berry Creek, Section Six, Section Seven, Section Eight and Section Eleven Name of Respondent:- LL��t� �- . LG Address of Respondent : _ Ic{017 011Y HtL L CT I am in favor:-. X I object:_ If you wish to submit written comment, please respond by 07/26/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P . 0. Box 4 0 9 -- --____ _ PROPERTY OWNER'S COMMENTS Project Name: Variance - Berry Creek, Section Six, Section Seven Section Eight and Section Eleven name of Respondent: y,c.1 L,l.l • �,� Sr,�; Address of Respondent: .3010-T I am in favor: t_----� I object: If you wish to submit written comment, please respond by 07 26f95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 Council Meeting Date: August 22, 1995 item No. AGENDA ITEM COVER SHEET SUBJECT An Ordinance to require the Municipal Court Judge, that is appointed by City Council, to set the minimum fine amounts for Class "C" Misdemeanors falling within the Municipal Court's jurisdiction. First Reading. ITEM SUMMARY The minimum fine schedule sets the base amounts that become due upon violations that fall within the jurisdiction of the Municipal Court. The current minimum fine schedule has not changed since. before 1988. State taxes have been increased several times since then, but we have not increased the fine amounts, which are retained by the City. There is currently no ordinance to require the Judge to set the minimum fine schedule. Staff will continually gather information on fine schedules from other cities to provide information to the Judge, so that the minimum fines charged in Georgetown will be similar to comparable cities. SPECIAL CONSIDERATIONS FINANCIAL IMPACT A new fine schedule is expected to be in place by October 1, 1995. This should increase the fine revenue to the City, which is part of the revenues in the General Fund. COMMENTS None. ATTACHMENTS Ordinance. Submitted By: Susan L. Laurie M. Morgan, Director of Finance and Administration Brewer, Staff Accountant/Municipal Court Supervisor ORDINANCE NO. ESTABLISHING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS TO AUTHORIZE THE MUNICIPAL COURT JUDGE, APPOINTED BY THE CITY COUNCIL, TO SET THE MINIMUM FINE AMOUNTS FOR CLASS "C" MISDEMEANORS FALLING WITHIN THE MUNICIPAL COURT'S JURISDICTION; AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that minimum fines for Class "C" violations are necessary to effectively enforce the laws of the City of Georgetown; and WHEREAS, the City Council has determined that the minimum fine schedule for Class "C" violations has not been updated in many years; and WHEREAS, the City Council has decided to authorize the Municipal Court Judge to set the minimum fine schedule for Class "C" violations which fall under the Municipal Court's jurisdiction; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1 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 thereby finds that this Ordinance implements Finance Policy 2 of the Century Plan - Policy Plan Element, which states "The City will conduct all municipal operations in an efficient business -like manner; and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2 Section 2.29 of the Code of Ordinances of the City of Georgetown, Texas is hereby added to read as follows: "2.29.010 Class "C" Misdemeanor Fees: The City Council hereby authorizes the Municipal Court Judge to set fine amounts for Class "C" violations falling under the Municipal Court's jurisdiction." Ordinance No. Page 1 of 2 Pages SECTION 3 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. 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 sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of , 1995. PASSED AND APPROVED on Second Reading on the day of , 1995. THE CITY OF GEORGETOWN: By: LEO WOOD Mayor Approved as to form: Marianne Landers Banks City Attorney Ordinance No. Page 2 of 2 Pages Attest: Sandra D. Lee City Secretary d L Council meeting August 22, 1995 Item No. 4L L AGENDA ITEM COVER SHEET SUBJECT: First reading of an ordinance amending Chapter 8.04, 2.32, Title 15 of the Code of Ordinances, providing the adoption of updated versions of the Building and Electrical Construction Codes. ITEM SUMMARY: The City of Georgetown currently operates under the 1985 Southern Standard Building Code package, 1988 Standard Fire Code, and the 1.990 National Electrical Code. The Board of Electrical Examiners and the Building Standards Commission want to recommend to City Council for consideration the adoption of the updated version of the most current code package for construction and Life Safety within our community. SPECIAL CONSIDERATIONS: None. FINANMtIAL IMPACT: None. COMMENTS: None. RECOMMENDED MOTION: None. ATTACHMENTS: Proposed Ordinance (Exhibits A, B and C are quite lengthy and are available in the City Secretary's Office Submitted Bv: Edward Y. arry, AICP irectoi Divisio,r.Developmevft Services David Hall, Building Official ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 8.04.010 OF THE CODE OF ORDINANCES RELATING TO THE SOUTHERN STANDARD FIRE PREVENTION CODE; AMENDING SECTION 2.32.040 RELATING TO THE ADMINISTRATION OF THE BUILDING OFFICIAL; AMENDING TITLE 15, CHAPTERS 15.04, 15.08, 15.12, 15.163 15.209 15.24, 15.32 AND 15.38 RELATING TO BUILDING AND ELECTRICAL CONSTRUCTION ACTIVITIES; PROVIDING FOR THE ADOPTION OF UPDATED VERSIONS OF THE SBCCI SOUTHERN STANDARD CODES AND VARIOUS APPENDICES AND THE 1993 NFiPA NATIONAL ELECTRICAL CODE REGULATING BUILDINGS, ELECTRICAL, HOUSING, FIRE PREVENTION, GAS, MECHANICAL, PLUMBING, SWIMMING POOLS, EXISTING BUILDINGS, AMUSEMENT DEVICES AND UNSAFE BUILDING ABATEMENT; STATING THE PURPOSE HEREOF; ESTABLISHING A PREREQUISITE FOR ISSUANCE OF PERMITS; PROVIDING FOR A PHASE -IN; ESTABLISHING A TRI- ANNUAL REVIEW PERIOD; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the desire of, The City Council of Georgetown, Texas to adopt, in all respects, the various SBCCI Southern Standard Codes relating to buildings, fire prevention, gas, housing, mechanical, plumbing, swimming pools, unsafe building abatement, amusement devices and the national electrical code and; WHEREAS, The City Council of Georgetown, Texas has found that the present construction codes of the City of Georgetown have become obsolete and inadequate and; WHEREAS, The City Council has determined that the adoption of the Codes is done to facilitate proper inspection activities by Georgetown, Texas relating to construction and to maintenance of buildings within the corporate city limits of Georgetown and the extra -territorial jurisdiction of Georgetown and relating to public safety, health, and general welfare; and WHEREAS, The Electrical Examiners Board and the Building Standards Commission appointed by motion of the City Council has reviewed the effect of those regulations and made recommendations to the City Council regarding certain revisions to the regulations; and WHEREAS, the caption of this ordinance printed in Williamson County Sun, August 16, 1995 in compliance with the City Charter of the City of Georgetown. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Construction Codes Ord. No. Page 1 of 14 SECTION 1 The facts and recitations contained in the preamble of this ordinance are hereby declared to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Housing Policy 1 of the Century Plan- Policy Plan Element, which states: "The City will work with Builders, Developers, and Property owners to provide safe and adequate housing opportunities for all household types", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by: Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. FIRE PREVENTION CODE A. Section 8.04.010 of Chapter 8.04 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "Sec. 8.04.010. Southern Standard Fire Prevention Code, 1994 Edition - Adopted. There is adopted by the Council for the purpose of prescribing regulations governing conditions hazardous to life and property from Fire and explosion, that certain code known as the Southern Standard Fire Prevention Code, published by the Southern Building Code Congress International, Inc., being particularly the 1994 edition thereof and the whole thereof, including Appendices B,C,and D of said code,save and except such portions as are hereinafter deleted, modified or amended of which code not less than one copy has been and now is filed in the office of the City Secretary, the City Attorney, and the same is adopted and incorporated as fully as if set out at length in this chapter, and from the date on which this chapter takes effect, the provisions thereof shall be controlling within the limits of the City". B. Section 102.1 of Chapter 1, Administration, of the 1994 Southern Standard Fire Prevention Code shall be amended to read as follows: Sec. 102.1, Right Of Entry. "Whenever necessary to make an inspection to enforce any provisions of the Southern Standard Fire Prevention Code, or whenever the fire official has reasonable cause to believe that there exists in any building or upon any provision any condition or code violation which makes any building or premises unsafe, dangerous or hazardous, the fire official may enter such building or premises within the provisions of current Texas State Law for Right of Entry upon the premises for the purpose of inspection and exam ination of violations pursuant to the requirements of this code". Construction Codes Ord. No. Page 2of14 C. Section 301 of Chapter 3 of the 1994 Standard Fire Prevention Code is hereby amended to read as follows: Sec. 301, Recognized Standards and Publications. "NFPA 101 Life Safety Code, 1994 section 801.2". D. Section 801.2 of Chapter 8 of the 1994 Standard Fire Prevention Code are hereby amended to read as follows: Sec.801.2, Chapter 8- Maintenance and construction of Exit ways. "When the Standard Codes do not contain requirements on a particular aspect of a means of egress system, NFPA 101 Life Safety Code - 1994 Edition may be used as an accepted engineering practice standard for Fire and Building Code application and regulation of construction. Where there is conflict between the 1994 Standard Fire or Building or NFPA 101 codes, the most restrictive provisions shall apply'. E. Section 105 of Chapter 1, of the 1994 Southern Standard Fire Prevention Code shall be deleted in its entirety. F. Section 2.32.040 Chapter 2.32. of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "Whenever necessary to make an inspection to enforce any provisions of the Southern Standard Fire Prevention Code, or whenever the Fire Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Fire Official may enter such building or premises within the provisions of current Texas State Law for Right of Entry upon the premises for the purpose of inspection and examination of violations pursuant to the requirements of this code". G. Section 102.1.1 of Chapter 1, Administration, of the 1994 Southern Standard Fire Prevention Code is hereby deleted in its entirety. SECTION 3. BUILDING CODE A. Section 15.04.010 (A) of Chapter 15.04 of the Code of Ordinances of the City Georgetown, Texas is hereby amended to read as follows: Construction Codes Ord. No. Page 3 of 14 Sec 15.04.010 (A). Southern Standard Building Code, 1994 Edition -Adopted. "A. The Southern Standard Building Code 1994 Edition, as published by the Southern Building Code Congress International, Inc. (SBCCI) including Appendices A,C,D,G, and H is adopted by reference with certain amendments contained herein." B. Section 15.04.040 of Chapter 15.04 of the Code of Ordinances of the City of Georgetown, Texas and Section 104.7.1 Prescribed Fees, Chapter 1 of the 1994 Southern Standard Building Code are hereby amended as follows: "A building permit shall not be issued until all fees as set forth by the City Council for the City Of Georgetown, Texas have been paid in full. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, ellectrical, plumbing, mechanical or gas systems have been paid." C. Sec. 104.7.4., Chapter of the 1994 Southern Standard Building Code is hereby deleted in its entirety. D. Sec. 15.04.040 subparagraphs A, B, C, D, F. are deleted in their entirety. E. Sec. 14.04.040 subparagraph E.2 is hereby amended to read as follows: "E. Plan Checking Fees. 1. All pans for residential buildings no more than two stories high and four living units, no fees. Residential buildings three stories in height and more than four living units, plans check fee shall be one-half of the building permit fee payable at time of issuance of the buliding permit. 2. Commercial buildings over 3,000 square feet and no moire than two stories in height, plans check fee shall be one-half of the bulding permit fee. All other buildings, including residential structures and in excess of four stories high, commercial buildings three stories and higher and all other buildings are subject to be forwarded to SBCCI for plans review at thE� discretion of the Building Official. For those plans forwarded to SBCCI for review, the fees at determined by SBCCI at the time of submittal shall be non-refundable and shall be paid to the City by the applicant at the time application is made for a building permit." F. Section 15.04.060 of Chapter 15.04 of the Code of Ordinance of the City of Georgetown, Texas be hereby added and read as follows: Construction Codes Ord. No. Page 4of14 "Prior to the issuance of permits all required public improvements necessary to serve the project shall be installed and excepted by the utility providers or governmental entities as deemed appropriate." G. Section 102.2 of Chapter 1, of the 1994 Southern Standard Building Code shal be deleted in its entirety. H. Chapter 15.04, Section 15.04.030 of the Code of Ordinances of the City Of Georgetown, Texas is hereby amended to read as follows: "Any officer or employee, or member of the Building Standards Commission, charged with the enforcement of the code, acting for the applicable governing authority in the discharge of their duties, shall not thereby render themselves personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this code shall be defended by the City Attorney until the final termination of the proceedings." Section 102.6, Reports, of Chapter 1, Administration, of the 1994 Southern Standard Building Code shall be deleted in its entirety. J. Section 103.2.1, Right of Entry, of Chapter 1, Administration of the 1994 Southern Standard Building Code shall be deleted. K. Section 108 of Chapter 1 of the 1994 Southern Standard Building, Amusement Device, Gas, Mechanical, and Plumbing are deleted in their entirety. L. Section R-105, of the CABO One and Two Family Dwelling Code as adopted in Appendix C of the 1994 Southern Standard Building Code is hereby amended to read as follows: "Whenever necessary to make an inspection to enforce any provisions of the Southern Standard Fire Prevention Code, or whenever the fire official has reasonable cause to believe that there exists in any building or upon any provision any condition or code violation which makes any building or premises unsafe, dangerous or hazardous, the fire official may enter such building or premises within the provisions of current Texas State Law for right of entry upon the premises for the purpose of inspection and examination of violations pursuant to the requirements of this code". Construction Codes Ord. No. Page 5 of 14 SECTION 4. MECHANICAL CODE A. Section 15.08.010 (A) of Chapter 15.08 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "A. The Standard Mechanical Code 1994 Edition, as published by the Southern Building Code Congress International, Inc. (SBCCI) is adopted by reference with certain amendments contained herein." B. Section 104.7.1, Fees, of Chapter 1 of the Standard Mechanical Code 1994 Edition is hereby deleted. C. Section 15.08.020, Amendments to Mechanical Code, of the Code of Ordinances of the City of Georgetown, Texas are hereby amended as follows: "A mechanical permit shall not be issued until all fees as set forth by the City Council for the City of Georgetown, Texas have been paid in full. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems have been paid." D. Sec. 104.7.4. Schedule of Permit Fees shall be deleted in its entirety. E. Section 102.2 Employee Qualifications of Chapter 1, Administration, of the 1994 Southern Standard Mechanical Code is hereby deleted. F. Section 15.04.030, Chapter 15.04 Code of Ordinances of the City Of Georgetown, Texas is hereby amended to read as follows: "Any officer or employee, or member of the Building Standards Commission, charged with the enforcement of the code, acting for the applicable governing authority in the discharge of their duties, shall not thereby render themselves personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this code shall be defended by the City Attorney until the final termination of the proceedings." SECTION 5. GAS CODE A. Section 15.20.010 (A) of Chapter 15.20 of the Code of Ordinances of the City Construction Codes Ord. No. Page 6 of 14 of Georgetown, Texas is hereby amended to read as follows: "A. The Standard Gas Code 1994 Edition, as published by the Southern Building Code Congress International, Inc. (SBCCI) including Appendices A and D is adopted by reference with certain amendments contained herein". B. Section 104.7.1 Fees, of Chapter 1 of the 1994 Southern `otandard Gas Code are hereby amended as follows: 104.7.1 Prescribed fees. A gas permit shall not be issued until all fees as set forth by the City Council for the City of Georgetown, Texas; have been paid in full. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems have been paid". C. Section 104.7.4, Schedule of Permit Fees, of the 1994 Southern Standard Gas Code shall be deleted in its entirety. D. Section 103.2.1 of Chapter 1, Administration, of the 1994 Southern Standard Gas Code is hereby deleted in its entirety. SECTION 6. PLUMBING CODE A. Section 15.12.010 (A) of Chapter 15.12 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "A. The Standard Plumbing Code 1994 Edition, as published by the Southern Building Code Congress International, Inc. (SBCCI) including Appendices A, B, C, D, E, F, G, I, and J is adopted by reference with certain amendments contained herein". B. Section 15.12.020 of the Code of Ordinances of the City of Georgetown, Texas is amended to read as follows: "A plumbing permit shall not be issued until all fees as set forth by the City Council for the City of Georgetown, Texas have been paid in full. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems have been paid". C. Section 104.7.1, Chapter 1 of the 1994 Southern Standard Plumbing Code shall be deleted in its entirety. Construction Codes Ord. No. Page 7of14 D. Sec. 15.12.040 (A and B) of the Code of Ordinances shall be delated in its entirety. E. Sec. 104.7.4. Schedule of Permit Fees shall be deleted in its entirety. F. Section 102.2 Employee Qualifications of Chapter 1, Administration of the 1994 Southern Standard Plumbing Code is hereby deleted. G. Section 102.5, Liability, of Chapter 1- Administration, of the 1994 Southern Standard Plumbing Code is hereby deleted in its entirety. H. Section 15.04.030, Chapter 15.04 Code of Ordinances of the City Of Georgetown, Texas is hereby amended to read as follows: "Any officer or employee, or member of the Building Standards Commission, charged with the enforcement of the code, acting for the applicable governing authority in the discharge of their duties, shall not thereby render themselves personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this code shall be defended by the City Attorney until the final termination of the proceedings'. I. Section 103.2.1 of Chapter 1, Administration, of the 1994 Southern Standard Plumbing Code and is hereby deleted in its entirety. SECTION 7. NATIONAL ELECTRICAL CODE A. The attached Exhibit "C", relating to Chapter 15.16, Electrical Code, of the Code of Ordinances of the City of Georgetown, Texas is hereby adopted by City Council of the City of Georgetown, Texas". SECTION 8. HOUSING CODE A. Section 15.24.010 (A) of Chapter 15.24 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows. - "A. The Standard Housing Code 1994 Edition, as published by the Southern Building Code Congress International, Inc. (SBC(�I) is adopted by reference with certain amendments contained herein". Construction Codes Ord. No. Page 8of14 B. Section 102, Enforcement Officer, of Chapter 1 of the 1994 Southern Standard Housing Code is hereby amended as follows: "There is hereby established by the applicable governing body provisions for the enforcement of this code by the Building Official". C. Section 105, Hardships, of Chapter 1 of the 1994 Southern Standard Housing Code is hereby amended as follows: "Where the literal application of the requirements of this code would appear to cause undue hardship on an owner or tenant or when it is claimed that the true intent and meaning of this code or any regulation therein have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal the decision of the Building Official to the Building Standards Commission as set for in Chapter 2.64 of the Code of Ordinances of the City of Georgetown". D. Section 106 and 107 of Chapter 1 of the 1994 Southern Standard Housing Code shall be deleted in its entirety. E. Section 103.1 of the 1994 Southern Standard Housing Code shall be deleted in ites entirety and replaced as follows: "Whenever necessary to make an inspection to enforce any provisions of the Southern Standard Housing Code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter such building or premises within the provisions of current Texas State Law for Right of Entry upon the premises for the purpose of inspection and examination of violations pursuant to the requirements of this code". SECTION 9. SWIMMING POOL CODE A. Section 15.32.010 (A) of Chapter 15.32 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "A. The Standard Swimming Pool Code 1994 Edition, as published by the Southern Building Code Congress International, Inc. (SBC:CI) is adopted by reference with certain amendments contained herein". Construction Codes Ord. No. Page 9of14 B. Section 15.32.020 (A and B) of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "A swimming pool permit shall not be issued until all fees as set forth by the City Council for the City of Georgetown, Texas have been paid in full. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems have been paid". C. Section 105.6 Fees, Chapter 1 of the 1994 Southern Standard Swimming Pool Code is deleted in its entirety. D. Section 103 of Chapter 1, Administration, of the 1994 Southern Standard Swimming Pool Code is deleted in its entirety and replaced as follows: "Whenever necessary to make an inspection to enforce any provisions of the Southern Standard Swimming Pool Code, orwheneverthe Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter such building or premises within the provisions of current Texas State Law for Right of Entry upon the premises for the purpose of inspection and examination of violations pursuant to the requirements of this code". D. Section 2.64 of the Code of Ordinances of the City of Georgetown, Texas is added as Section 109 of Chapter 1, of the 1994 Southern Standard Swimming Pool Code as amended. SECTION 10. STANDARD UNSAFE BUILDING ABATEMENT CODE 1995 EDITION A. Section 15.38.010 (A) of Chapter 15.38 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: "A. The Standard Unsafe Abatement Code 1985 Edition, copyright 1994 as published by the Southern Building Code Congress International, Inc. (SBCCI) is adopted by reference with certain amendments contained herein". B. Section 105 of Chapter 1 of the 1985 Southern Standard Unsafe Building Abatement Code shall be deleted in its entirety. C. Section 103.1 of Chapter 1, of the 1994 Southern Unsafe Building Abatement Code are hereby deleted in their entirety and replaced as follows: Construction Codes Ord. No. Page 10 of 14 "Whenever necessary to make an inspection to enforce any provisions of the Southern Standard Unsafe Building Abatement Codes, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter such building or premises within the provisions of current Texas ;state Law for Right of Entry upon the premises for the purpose of inspection and examination of violations pursuant to the requirements of this code". SECTION 11. EXISTING BUILDING CODE A. Title 15 of Chapter of the Code of Ordinances of the City of Georgetown, Texas is hereby amended by adding Chapter 15.25 to read as follows: "A. The Standard Existing Buildings Code 1988 Edition, copyright 1994 and to include the 1991-1994 Revisions, as published by thE) Southern Building Code Congress International, Inc. (SBCCI), is adopted by reference with certain amendments contained herein. B. Designated Officials. Within the code adopted in this section, reference is made to the duties of certain officials named therein; it is the intention of the City Council that the designated official of the City who duties corresponding to those of the named official in each respective code shall be deemed to be the responsible official in charge of enforcing the provisions of the respective code." B. Section 105, of Chapter 1 of the 1994 Southern Standard Existing Building Code is hereby amended to read as follows: "Where the literal application of the requirements of this code would appear to cause undue hardship on an owner or tenant or when it is claimed that the true intent and meaning of this code or any regulation therein have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal the decision of the Building Official to the Building Standards Commission as set for in Chapter 2.64 of the Code of Ordinances of the City of Georgetown". C. Section 103.2.1 of Chapter 1, Administration, of the 1994 Southern Standard Exisitng Building Code is hereby deleted in its entirety and replaced as follows: "Whenever necessary to make an inspection to enforce any provisions of the Southern Standard Existing Building Codes, or whenever the Building Official Construction Codes Ord. No. Page 11 of 14 has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter such building or premises within the provisions of current Texas State Law for Right of Entry upon the premises for the purpose of inspection and examination of violations pursuant to the requirements of this code". SECTION 12 STANDARD AMUSEMENT DEVICE CODE 1985 EDITION A. The Standard Amusement Device Amusement Code is adopted by reference herein in its entirety. SECTION 13. The City Council has directed the Building Official to prepare a review of the newest updated versions of construction codes three years from the effective date of this ordinance. SECTION 14. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this ordinance are hereby repealed, and no longer of any force and effect. SECTION 15 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 16. The mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of _ , 1995. PASSED AND APPROVED on Second Reading on the day of , 1995. ATTEST: Sandra Lee, City Secretary Construction Codes Ord. No. Page 12of14 THE CITY OF GEORGETOWN: BY: Leo Wood, Mayor APPROVED AS TO FORM: Marianne Landers Banks, City Attorney Construction Codes Ord. No. Page 13 of 14 M WI Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHE T M/W SUBJECT: First reading of an ordinance amending Chapter 2.60 of the Code of Ordinances, for the Board of Electrical Examiners. ITEM SUMMARY: The City of Georgetown Board of Electrical Examiners has amended this Chapter 2.60 of the Code of Ordinances by removing the reciprocity Section 2.60.110 and providing for the power to hear appeals and a set guideline for establishing hearings. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: None. RECOMMENDED MOTION: None. ATTACHMENTS: Proposed ordinance Submitted By: Edwar �'. Barry, AICP Director Divi on of Developm t Services , David Hall, Building Official ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 2.60, OF THE CODE OF ORDINANCES OF THE CITY , OF GEORGETOWN, TEXAS, RELATING TO THE BOARD OF' ELECTRICAL EXAMINERS; REPEALING CONFLICTING ORDINANCES AND RES0LUTIONS;INCLUDING A SEVERABILITY CLAUSE;AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas has heretofore established an examining and licensing board for the purpose of permitting, testing and licensing of electricians and electrical work within the jurisdiction of the City of Georgetown, Texas; and WHEREAS, the Electrical Examiners Board appointed by motion of the City Council has reviewed the effect of these regulations and made recommendation to the Council regarding certain revisions to the regulations; and V WHEREAS, the Electrical Examiners Board reviewed the proposed revisions and conducted public hearings to take comments. The board voted to recommend the approval of the proposed revisions to the City Council; and WHEREAS, the adoption of this ordinance is necessary for the protection and maintenance of public safety, health, and general welfare; and WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on in compliance with the City Charter of the City of Georgetown; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1 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 this ordinance implements Housing Policy 1 of the Century Plan- Policy Plan Element, which states: "THE CITY WILL WORK WITH BUILDERS,DEVELOPERS,AND PROPERTY OWNERS TO PROVIDE SAFE AND ADEQUATE HOUSING OPPORTUNITIES FOR ALL HOUSEHOLD TYPES", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2 The attached Exhibit "A", relating to Chapter 2.60 of the Board of Electrical Examiners of the Code of Ordinances of the City of Georgetown, Texas is hereby replaced by the City Council of the City of Georgetown, Texas. SECTION 3 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4 If any provisions 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 sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of ,1995. PASSED AND APPROVED on Second Reading on the day of ,1995. ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney Form Ordinance No. 2 of 2 THE CITY OF GEORGETOWN: BY: Leo Wood, Mayor 2.60.010 EXHIBIT A Chapter 2.60 Board of Electrical Examiners Sections: 2.60.010 Created and Established 2.60.020 Composition 2.60.030 Ex-Officio Members 2.60.040 Terms of Members 2.60.050 Compensation 2.60.060 Filling of Vacancies 2.60.070 Election of Chairman 2.60.080 Secretary 2.60.090 Meetings 2.60.100 Determination of Qualified Electricians 2.60.110 Reserved 2.60.120 Powers and Duties 2.60.130 Power to Hear Appeals 2.60.140 Hearings 2.60.010 Created and Established There is hereby and established an examining and licensing board which shall be known as the Electrical Examiners Board. 2.60.020 Composition The board shall consist of seven members who shall be appointed by the City council. Of these seven members, two shall be licensed Master Electricians with principal business office established in the City of Georgetown, Texas or its ETJ or postal service area, and one shall be a Journeyman Electrician licensed in the City of Georgetown; one shall be an electrical engineer or Master Electrician with at least 10 years experience as an electrician in Georgetown or its ETJ or postal service area, one member shall be an owner of a business whose residence is located in Georgetown, Texas or its ETJ or postal service area, but is not actively engaged in the electrical trade or electrical business, but who shall be familiar with building and construction trades; and one member shall be a homeowner citizen of Georgetown with knowledge of the electrical trade; and one member shall be a person experienced in the electronic communications field or computer industry with a residence in Georgetown or its ETJ or postal service area. 2.60.030 Ex-Officio Members The City Building Official or his/her representative and the City Electrical Superintendent shall serve on the board as ex-officio members while holding their respective offices. No ex-officio member of the board shall have the right to vote in the proceedings of the board. 2.60.040 Terms of Members The appointed members of the board shall hold office for a period of three years or until their successors have been duly appointed and qualified; provided however, that the initial appointments made under this section shall be for a term of such duration that no more than two of the terms shall expire in any one year; and provided further, that the terms of the two Master Electricians and one Journeyman Electrician shall expire one each year. 2.60.050 Compensation The members of the Board shall serve with no compensation whatsoever. 2.60.060 Filling of Vacancies If for any reason any member of the board fails to attend the regular monthly meeting for four consecutive months, resigns from his/her respective position, or is removed for any cause, then the City Council shall appoint a successor to fill the unexpired term. 2.60.070 Election of Chairman The members of the board shall elect one of their members as chairman of the Board. 2.60.080 Secretary The City Building Official or his/her representative shall be the secretary of the board and shall keep a full record of all proceedings of the board and such other records as the Board -may direct. 2.60.090 Meetings The Board has the power to make and promulgate its own rules governing its meetings and proceedings, subject to the provisions of this chapter, but the Board shall have at least one regular meeting each calendar month. Special meetings of the Board shall be called by the Chairman of the Board or upon the written request of two members of the Board. 2.60.100 Determination of Qualified Electricians It is the duty of the Board to examine and pass upon the fitness and qualifications of all persons applying for licenses under the provisions of this chapter, and to certify to the City Building Official applicants are found by the Board to possess satisfactory knowledge, fitness, and ability as electricians and familiarity with and understanding of the rules, ordinances, and regulations governing electrical wiring, repairing and construction in the City. The examination shall relate to the fitness and qualifications of each applicant for the particular class of license for which he/she has applied. 2.60.110 Reserved 2.60.120 Powers and Duties The Electrical Board shall have powers and duties to: Make and promulgate rules governing its meetings and proceedings, subject to the provisions of this chapter.* The Board shall hold at least one regular meeting each calendar month. Special meetings may be called by the Chairman of the board or the Building Official. 2. Approve the form and content of examinations given hereunder. 3. Determine that applicants for licenses meet all requirements and to authorize the issuance of licenses. ' 4. Suspend licenses pursuant to the provisions of this Ordinance 5. Recomend to the City Council amendments to ordinance pertaining to minimum safety standards whenever equivalent or safer materials or construction procedures can be utilized to accomplish the stated purpose of this chapter. 2.60.130 Power to Hear Appeals Whenever any person has requested a special ruling or permission by the Building dfficial, under the provisions of this ordinance, and such ruling has been refused, and such person is aggrieved by such ruling or refusal, he/she may appeal such ruling or refusal to the Electrical Examiners Board for review. Such appeal shall include the following: (A) Name and address of the person making the appeal. (B) Facts surrounding the particular ruling or refusal to make a ruling or refusal to make a ruling. \ C (C) The ruling, if any, of the Building Official. (D) Reasons why such ruling should be set aside, or, if a ruling was refused, why such a ruling should be made. The person making the appeal shall send copies of such appeal to the Building Official and the City Attorney. 2.60.140 Hearings Upon receiving a notice of appeal the Chairman of the Electrical Examiners Board shall make an order setting the appeal for hearing at a specified time and place, and shall give notice of such information in writing to the person making the appeal, and the Building Official, and the City Attorney. The hearing shall be held as soon as is practical, and in all cases, shall be within two weeks after the notice of appeal is received by the Chairman of the Electrical Examiners Board, unless the person making the appeal requests in writing that he/she be granted additional time. If such person has failed to make his/her appearance at the proper time and place to present his/her appeal, then at the next consecutive regular meeting of the Electrical Examiners Board after such notice of appeal has been received by the Chairman, said appeal shall be dismissed by the Electrical Examiners Board. The Electrical Examiners Board shall, in every case, reach a decision without unreasonable or unnecessary delay. If a decision of the Electrical Examiners Board reverses or modifies a refusal, order or disallowance of the Building Official, or varies the application of any provision of this ordinance, the Building Official, shall immediately take action in accordance with such decision. The Electrical Examiners Board after hearing an appeal, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this, ordinance or public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reversed. Every decision of the Electrical Examiners Board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. During the pendency of the appeal to the Building Standards Commission, the ruling or refusal of the Building Official shall be in full force and effect. N t1i Council meeting August 22, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: First Reading of an Ordinance adopting revisions to the City's Subdivision Regulations ITEM SUMMARY: The Planning and Zoning Commission has recommended two (2) revisions to the Subdivision Regulations that they feel need to be addressed at this time rather than wait until the regular three (3) year review of the regulations. The revisions address park land dedication for alternate form final plats and encroachments into the side setback for the driveway to a side entry garage. The Commission held a public hearing at their regular meeting of August 1, 1995. There were no comments regarding these revisions. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: In at least two (2) recent cases, short form final plats for multifamily developments have been approved. Because of the way the ordinance is currently worded, it was determined that park land dedication fees could not be collected on short form final plats. Nearly $607000 in park land dedication fees could not be collected from those two (2) subdivisions under the current provisions. The proposed revision will ensure that future short form final plats do pay the park land dedication fee. COMMENTS: As stated above, the Planning and Zoning Commission held a public hearing on these proposed revisions and has recommended that they be approved. ATTACHMENTS: Ordinance Submitted Bv: -;Kz Edward JOf arry, AICP - irector DivisionDevelopment ervices Hildy L. gma, AI P Chief Planner ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF GEORGETOW'i, TEXAS; REQUIRING CONFORMANCE WITH THE PARK LAND DEDICATION REQUIREMENT FOR ALTERNATE FORM FINAL PLATS; AND ALLOWING DRIVEWAYS OF SIDE ENTRY GARAGES TO ]ENCROACH INTO SIDE YARD BUILDING SETBACKS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; INCLUDING A PENALTY FOR VIOLATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in accordance with the Constitution and laws of the State of Texas, including particularly the Local Government Code, Chapter 212, Municipal Regulation of Subdivisions and Property Development; and in accordance with the Charter of the City of Georgetown, Texas, hereinafter referred to as "City", the City is authorized to develop regulations for the subdivision and development of land in the territorial jurisdiction of the City, including the corporate limits, extraterritorial jurisdiction and other areas as permitted by law; and WHEREAS, the "Subdivision Regulations of the City of Georgetown", hereinafter referred to as "Regulations", were initially adopted by the City Council of the City of Georgetown on February 14, 1988, and have been periodically revised since that date; and WHEREAS, on January 10, 1995, the Georgetown City Council approved Ordinance #95- 2 revising the Regulations; and WHEREAS, the Planning and Zoning Commission reviewed the proposed revisions and conducted a public hearing on August 1, 1995, to take comments regarding the proposed revisions, and voted to recommend approval of the proposed revisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. 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 implements: 1. Governmental Affairs Policy 1 which states "The City will encourage all citizens to actively participate in governmental functions"; and 2. Growth and Physical Development Policy 2 which states "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the 1995 SubRegs Revision Ordinance No. Page 1 of 3 opportunity to seek change with reasonable effort and expense"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plata. SECTION 2. The attached Exhibit A, relating to "Proposed 1995 Revisions to the Georgetown Subdivision Regulations" is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. 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. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of ,1995. PASSED AND APPROVED on Second Reading on the day of , 1995. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney 1995 SubRegs Revision Ordinance No. Page 2 of 3 By: LEO WOOD Mayor Exhibit A PROPOSED 1995 REVISIONS TO THE GEORGETOWN SUBDIVISION REGULATIONS Key: Underlined words denote additions to the regulations. Section 34000 BLOCKS AND LOTS 34020 Lots G.2. "No structures or impervious construction shall be allowed in required side or rear building setback areas except for the following accessory structures on one (1), two (2) or three (3) family residential lots: d. Driveways to side entrygarages." Section 42000 PARK LAND DEDICATION 42010 Dedication of Public Park Land Required "It shall be required that a subdivider of any residential subdivision within the City set aside and dedicate to the public sufficient and suitable lands within the subdivision for the purpose of public park land or make an in -lieu financial contribution for the acquisition of such park land in accordance with the provisions of this section and these regulations generally. Those subdivisions having received preliminary plat approval prior to the effective date of this ordinance shall be exempt from the requirements of this section except that the expiration of either the preliminary or final plat shall void this exemption. All plats receiving final plat, or alternative form plat approval based on this ordinance shall conform to the requirements of this section ... " 1995 SubRegs Revision Ordinance No. Page 3 of 3 UD Council Meeting Date: August 22. 1995 Item No. 00 AGENDA ITEM COVER SHEET SUBJECT Vote to place adoption of the proposed tax rate on a future agenda and set a public hearing on the proposed tax increase. ITEM SUMMARY As part of the budget workshops scheduled for the week of August 21, the City Manager will propose an adopted tax rate of 37 cents per $100 valuation (19.514 cents for Maintenance and Operations and 17.486 cents for debt service). This increase is below the roll -back rate of 3 7.2 11 cents but above the notice -and -hearing rate of 34.920 cents. When -a proposed tax rate exceeds the notice -and -hearing limit (1.03 times the effectivCrate), the taxing unit's governing body must vote to place a proposal to adopt the rate on the agenda of a future meeting as an action item. The proposed rate must be stated in the motion. If the motion passes, the Council must schedule a public hearing on the proposal. This hearing must be at least 3 days but no more than 14 days before the first reading to adopt the proposed tax rate. In addition, two notices must be published in the local newspaper at specified times. The motion required at this meeting is: (1) Vote to place adoption of tax rate of 37 cents per $100 valuation, 19.514 cents for Maintenance and Operation and 17.486 cents for debt service, as an action item on September 127 1995 regular meeting agenda. (2) Schedule public hearing on the proposed tax increase including date (must be the week of September 5-9, 1995), time and place. SPECTAL CONSIDERATIONS These additional steps must be taken to comply with state law. FINANCIAL IMPACT COMMENTS The requested action sets the vote and public hearing, but does not commit Council to adopting the proposed rate. ATTACHMENTS Tax Rate Comparison Schedule Draft Publication Notice Submitted By: Susan L. Morgan, Director of Finance and Administration CITY OF GEORGETOWN TAX RATE COMPONENTS SCENARIO 2 - $.37 Tax Rate/1,008,000 GF Revenue 1994-95 Adopted Rates 0.19250 General Fund @ 0.16484 Debt Service 0.357. A Total Rate Certified Appraisal $482,780,781 Values 05-Aug-95 CA123W\BUDGET\TAX-OMDS.WK4 1995-96 1995-96 1995-96 Effective Rates Proposed Rates Rollback Rates 0.18264 0.19514 (1) 0.19725 0.15639 0.17486 (2) 0.17486 0.33903 0.37000 (3) 0,37211 $527,400,220 9.2% increase in AV @ Maintenance & Operations (1) 6.8% increase (2) Increase due to December 1994 Anticipation Notes (800 mhz system & River Corridors match) (3) 3.097 cent increase or 9.1 %. 1.3 cents for 0&M (0.3 for streets) and 1.8 cents for add'I debt. NOTE: New growth is $21,168,962. At the proposed tax rate this generates $40,500 of GF $'s and $36,200 of new debt service. Total growth increase $76,700. 10: 19 GEIDRGET04IN I . S. D. 511�' S-6,9 3b-"1 1110. 456 NOTICE OF PUBLIC HEARING ON TAX INCREASE The CITY OF GEORGETOWN will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in 1995 by 9.13488 percent. Your individual taxes may increase at a greater or lesser rate or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property. The public hearing will be held on 09/08/95 at 7:00 PM at FOR the proposal: AGAINST the proposal: PRESENT and not voting: ABSENT: The statement above shows the percentage increase the proposed rate represents over the EFFECTIVE tax rate that the unit published on 08/09i95. The following table compares taxes on an average home in this taxing unit last,, -year to taxes proposed on the average home this year` Again, your Individual taxes may be higher or lower, depending on the taxable value of your property, Average home value General exemptions available (amount available on the average home, not Including senior citizen's or disabled person's exemptions) Average taxable value Tax rate Tax Last Year S76,862.00 $5,000100 $71,362.00 0,35734 /S100 $256.79 This Year S811989.00 S5,000100 S76,989.00 0.37000 /S100 $284.86 Under this proposal taxes on the average home would INCREASE by $28.07 or 10.93011 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would INCREASE by 0.01266 per $100 of taxable value or 3.54284 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes In the taxable value of property. �; o Council Meeting Date: August 22, 1995 Item No. ?P PFI AGENDA ITEM COVER SHEET SUBJECT Consider award of bid for two, Quint type fire apparatus from Sutphen Corporation in the amount of $771, 344.00. ITEM SUMMARY Bids were received for the purchase of two, Quint type apparatus to be used to enhance the Fire Departments fire fighting capabilities. The staff recommendation is to award this bid to the only bidder meeting specifications, The Sutphen Corporation of Amlin, Ohio. The purchase of Quints offers more versatility and reduces future personnel requirements as compared to the current concept of separate engine and truck apparatus. Considering the advantage of Quints, specifications were designed utilizing this concept to best meet the operational needs of the Fire Division. After review of all bids, the apparatus that can best accommodate the diversified operations of the Division was recommended. There were two other vendors that submitted bids on this apparatus. Each had significant variations that did not meet the specifications. The Fire Department apparatus committee has developed a list of the key areas that these vendors do not specification. See attached memorandum. Delivery time projected on these vehicles is twelve to thirteen months. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total cost for both vehicles is $771, 344.00. $225, 000.00 was budgeted in the 1994/95 Vehicle Internal Service Fund for the purchase of one vehicle. $225,000.00 is being requested in the 1995/96 Internal Service Fund for the purchase of one vehicle. Additionally, $300,000.00 is being requested in the 1995/96 budget to cover the remaining expense for these vehicles. The vendor is requesting a down payment of $98,918.00 per unit for a total of $197,836.00. By making this down payment, the City will be given a total discount of $15,826.00 off the purchase of both vehicles(this discount is already reflected in the price shown). COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation 2. memorandum from fire apparatus committee Submitted By: Terry Jones, ::E-az \� ' Susan Morgan, Purchasing Director Director of Finance & Administration QUINT FIRE APPARATUS BID TABULATION BIDDER AMOUNT PER UNIT Sutphen Coporation Pierce Manufacturing Ferrara Equipment $385,672.00 **$395,852.00 **$373,505.00 ** Bids do not meet specification. See explanation memorandum provided. FIRE SERVICES DIVISION M E M O R A N D U M TO: Chief Shanklin FROM: Apparatus Committee DATE: August 14, 1995 SUBJECT: Apparatus Specification Review Committee Members: Capt. Lincoln, F.F. Shields, F.F. Gibson, F.F. Shell The Apparatus Committee reviewed bid specifications for Quint apparatus from Pierce Manufacturing, Ferrara Fire Apparatus, and Sutphen Corporation. PIERCE> Does not meet all specifications, bid price is $393,852.00 Listed below are the key areas where Pierce does not meet specifications: 1. No rear 2 1/2" discharge. 2. 250 lb tip load instead of 500 lb tip load. 3. ,1000 GPM water way instead of 1500 GPM water way. 4. Limited hose capacity (no skid load,hose bed split only in two sections). 5. Designed with hose shuts instead of an open hose bed (very difficult to load & unload hose). 6. Body construction made of aluminum instead of stainless steel (approx. $12,000.00 to $15,000.00 additional charge for stainless steel). 7. 3 section steel aerial ladder (welded design) instead of a 4 section aluminum aerial ladder (bolted design). Pierce does not offer the aluminum type. 8. Water way is exposed due to ladder design. 9. The controls for the out riggers are located at the rear (takes 2 firefighters to set up out riggers) instead of located at the pump panel for the driver to operate. 10. Booster tank capacity 300 gallons instead of 500 gallons. 11. Rear mounted ladder instead of midship mounted. FERRARA> Does not meet all specifications, bid price is $373,505.00. Listed below are the key areas where Ferrara does not meet specifications: 1. No rear discharge. FF\A-Shift\Apprev.mem 2. 250 lb tip load instead of 500 lb tip load. 3. 1000 GPM water way instead of 1500 GPM water way. 4. Unacceptable hose capacity(400' of 5" instead of 1000, of 5"). Does not meet NFPA recommendations for total hose capacity. 5. Designed with hose shuts instead of an open hose bed (very difficult to load & unload hose). 6. Body construction made of aluminum instead of stainless steel ($12,000.00 additional charge for stainless steel). 7. 3 section steel aerial ladder(welded design) instead of a 4 section aluminum aerial ladder (bolted design). 8. water way is exposed due to ladder design. 9. The controls for the out riggers are located at the rear instead of located at the pump panel. 10. Rear mounted ladder instead of midship mounted. SUTPHEN> Meets all specifications with one exception. Bid price is $403,585.00. Listed below is the exception: 1. Auxiliary brake controller that was not available to the manufacture. cc: Susan Morgan, Finance Director Terry Jones, Purchasing Agent AL/cs FF\A-Shift\Apprev.mem Council meeting date: 8-22-95 Item No. AGENDA ITEM COVER SHEET SUBJECT Appoint two members to the Board of Directors for the Georgetown Industrial Development Corporation (GIDC) ITEM SUMMARY Several years ago the ordinance governing membership of the various City boards and commissions was amended increasing the membership of the GIDC from three to five members. Several weeks ago the Mayor appointed and the Council confirmed the appointments of Tim Harris, Mark Dixon and Judi Shanklin. The purpose of the GIDC Board is to authorize and guide the issuance of industrial revenue bonds. In this particular case, the issuance of the industrial revenue bonds is in conjunction with the Triple S Plastics project on Westinghouse Road. At this point, two additional members are needed to complete the Board, thereby complying with the ordinance and making it easier to obtain a quorum (since a minimum of three members must be present to constitute a quorum). The recommendations for the two positions are: Ken Poteete and Bob Wunch ATTACHMENTS None Suof�itted by: Wood, Mayor Council meeting date: August_ 22, 1995 AGENDA ITEM COVER SHEET Item No. SUBJECT Consideration of a resolution supporting a potential regional water partnership with the City of Leander ITEM SUMMARY In June 1994, the Georgetown City Council issued its first formal offer to work with the Leander City Council resolve the City of Leander's long-term water needs. The proposed format was the establishment of a regional water partnership. In 1995, the Leander officials determined that they might now be interested in working with Georgetown in this type of regional water entity. Since that time, the Georgetown City staff an'd the Leander staff and officials have been negotiating the terms of this potential agreement. At this time, the actual draft agreements are being worked on by the attorneys for both sides. Since there is significant concern in the City of Leander over the City's future water supply, this resolution is intended to reiterate the Georgetown City Council's continued willingness to support the regional water concept, if the terms of the agreement can be negotiated to the two cities' mutual benefit. ATTACHMENTS Proposed resolution Submitted By: 1% Bob Hart, City Manager RESOLUTION NO. ��VI`$e�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, STATING THE GENERAL INTENT TO ENTER INTO A POTENTIAL REGIONAL WATER PARTNERSHIP WITH THE CITY OF LEANDER; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in June 1994, the City Council of the City of Georgetown, Texas, sent a letter to the City of Leander, offering to work with Leander to establish a regional water partnership; WHEREAS, in August 1995, the City of Leander is still seeking to resolve its long- term water needs through the acquisition of adequate drinking water supplies; WHEREAS, Georgetown and Leander City officials and staff have been negotiating the terms of an interlocal agreement to assist in the provision of water to Leander; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: b 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 implements the following policies of the Century Plan - Policy Plan Element: Utilities and Energy Policy 1: "The City will provide water, wastewater, electricity, and solid waste collection services which meet the immediate -and future needs of all citizens and which encourages and provides for economic development; Finance Policy 1: "The City will conduct all municipal operations in an efficient business -like manner"; and Environmental and Resource Conservation Policy 1: "The City will develop a water resources system that provides a sufficient water supply of high quality to meet future City needs, economic development and recreational requirements, and to conserve wildlife". The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Leander Water Partnership Resolution No. Page 1 of 2 SECTION 2. The City Council of the City of Georgetown reconfirms its willingness to work with the City of Leander toward the establishment of a regional water partnership, through an interlocal agreement and such other agreements as may later be determined to be necessary. The Georgetown City Council has requested that the City staff negotiate the terms of the regional water agreement with the Leander officials on or before October 15, 1995, and to bring this agreement to the Georgetown City Council for its consideration upon approval of the form of the agreement by the City Attorney. The terms of this agreement shall include the following concepts: 1. Be a partnership as opposed to a wholesale contract; 2. Will enable the City of Georgetown to serve the western portion of the CCN; 3. Will not cause a rate increase to Georgetown utility customers. 4. Will not negatively impact the present or future water supply for Georgetown utility customers; 5. The City of Leander will pay for its share of infrastructure required for service and all operation and maintenance costs. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 22nd day of August, 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Leander Water Partnership Resolution No. Page 2 of 2 THE CITY OF GEORGETOWN: 2 Leo Wood, Mayor