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HomeMy WebLinkAboutAgenda CC 01.23.1996U. DECEMBER 1995 - JANUARY 1996 POLICE-COMMUNITYACTION RESCUES TEXAS PARK .: -he linletone cliffs, live oak trees, and spring -fed waters -of the South- San Gabriel River dammed into a unique swin wing hole have drawn people to Blue Hole Park since the beginning of the century. But in recent years, the park sim- ply attracted more and more calls for police services — drownings, disorderly conduct, fighting, public intoxication, drug offenses, assaults, indecent exposure, sexual assaults, robberies, and even a double suicide. The small police department of Georgetown, Texas, found itself devoting disproportionate resources to problems at Blue Hole. Litter, graffiti, and random parking on the ecologically fragile river banks physically defaced an area that held special memories for many longtime residents. The Georgetown Police Services under the leadership of Chief Larry Hesser adopted a commu- nity policing philosophy in 1994, and all officers received training in this interactive, results -oriented process that links the police and the ta�a A WM ovT W %W_ community. In the first: applies- tion of this theory, evening watch commander Sergeant David Morgan, along with patrol officers Robert Newell and Fred Pitcher, started a problem -solving project for Blue Hole Park in April 1994. Their goal was to eliminate the various public safety problems and return the park to a .place where families could swim, fish, have picnics, and enjoy the natur- al beauty of the WA landscape. prob- net with neighborhood groups living near the park area and reviewed police reports. In addition to confirming the perception that a dispropor- tionate amount of the city's crime occurred in Blue Hole Park, the team's analysis showed that: i excessive alcohol consumption contributed significantly to crime and disorder, including people jumping and diving from the 30- foot-high cliffs while intoxicated; R the lack of designated parking and the one -road access to the Park resulted in random parking on the river banks, forced park visitors and neighborhood chil- dren to walk in the way of heavy traffic, and created difficulties for emergency vehicles trying to respond to medical and rescue calls; massive erosion and ecological damage had occurred to the river bank on the park side; i a historical cemetery bordering the park had suffered vandalism and careless damage; and � people living near the park feared for their safety. Many Problems, Many Solutions As a first step, the police adopted a "zero tolerance" policy for Blue Hole Park and began to patrol more frequently. During the first month, more than 200 citations were issued and many arrests made; 90 percent of the offenders were from outside the Georgetown area. Step two involved the cliffs. The officers discovered that the federal government's Resolution Trust Continued on Page 2 Park From Page l Corporation owned the land, but leased it to a Georgetown resident for cattle grazing. When told about the project, the owner agreed to let the city post "No Trespassing" signs on the cliffs. To control vehicular traffic, the police worked with the City Attorney's office to create new ordinances that established the road into the park as a public road, defined no parking zones, established a speed limit, and made the road one-way. As these activities took place, the team learned about�other issues that affected thei 'project. The African American community surrounding the park -historically had been left out of decision - making processes regarding Blue Hole, and they were especially concerned about their 200-year- old cemetery. They also felt that rules should be the same for all the city parks. The larger commu- nity voiced great sentiment and nostalgia about the cliffs.: Finally, the Parks and Recreation Department had recently won a state grant to build a hike and bike trail along the San Gabriel River that would include Blue Hole Park. Good Planning, Quick Action Crime. Plummets In May 1995, the officers present- ed their comprehensive plan to the Police Chief, Director of Parks and Recreation, the citizen advisory committees to both departments, and the community bordering the park. Because soldiers from nearby Fort Hood used the park heavily (and con- tributed to its problems), another meeting won the cooperation of the base Provost Marshall's Office. Throughout the project, Morgan, Newell, and Pitcher pooled their talents to produce a slide show and video that was presented to the City Council. With the Council's approval, the new ordi- nances were enacted, signs erect- ed, trash cleared, and boulders (donated by Texas Crushed Stone) installed to define roadways and regulate parking. The new Blue Hole Park welcomed its first visitors on July 4,1995. Families and children have reclaimed the river banks from drunks and rowdies. Calls for police service have dropped to near zero. When asked how they persuaded everyone to cooperate, Dave Morgan says, "personnel from the other city departments were shocked by the impact this project could have on their bud- get. After the initial shock, they provided all the necessary resources to accomplish our goal." Fred Pitcher adds, "we told every- body our plans and our reasons first, rather than -doing something and explaining it later." The three officers involved in the project expressed their thanks to other city employees in a special way — a grilled steak dinner in Blue Hole Park. Their own efforts were honored nationally by winming the 1995 Herman Goldstein Excellence in Problem-Solying Team Award given by the Police Executive Research Forum. SAFEFUTURES GRANTS PROMOTE CONTINUUM OF YOUTH PROGRAMS Six communities — Contra Costa County and Imperial County in California, Boston, St. Louis, Seattle, and the Fort Belknap Indian Community in Harlem, Montana — will share almost $8 million in federal funds to stop the cycle of violence, improve public safety, and invest in safe futures for the nation's children. These communities will participate in "SafeFutures," a Department of Justice program. that sets out to improve public safety through a continuum of prevention, inter- vention, and treatment services for at -risk and delinquent youth. Developed by the Justice Department's Office of Juvenile` Justice and Delinquency Prevention (OJJDP), the SafeFutures. program seeks to enhance community. partnerships that seek solutions to juvenile crime and delinquency. OJJDP folded previously separate pro- jects into the new initiative, including afterschool, job training, mentoring, and family support programs for at -risk .youth, and those efforts designed for juvenile offenders such' as .gradua- ed`sanc lions, drug treatment, aftercare, and victim restitution. Continued on Pape 3 Z SafeFutures From Page 2 Each SafeFutures site selected had to demonstrate a strong local com- mitment and active partnerships, including public agencies, non- profit groups, local government, and private citizens. Sites also showed strong ties with related programs in the Department of Justice and other federal agencies. Currently, SafeFutures is sched- uled to be funded over five years. Sites will work with OJJDP to eval- uate their per, and OjjDP will fund a national. evaluation Computerized Mapping Helps Analyze Crime Interested in the potential of com- puterized mapping to help pre- vent or solve crimes? Mapping - software, which makes it possible to overlay disparate data sets is becoming less expensive and easi- er to use. This tool can further understanding of the nature and extent of a community's social and criminal problems, and improve its allocation of resources. Two Coalition members offer helpful publications in this area. Published by the National Institute of justice, The Use of Computerized Mapping in Crime Control and Prevention Programs by Thomas F. Rich discusses applica- tions of mapping software and describes applications by police departments, community organi- zations, multiagency task forces, and other types of government agencies. (Single copies free. Call the National Criminal justice Reference Service at 800-732- 3277.) For in-depth treatment, the Police Executive Research Forum (PERF) has published Crime Analysis Through Computer Mapping, a 288-page book that offers a comprehensive view of spatial crime analysis as it is being applied in law enforcement agen- cies across the country. ($29.95, plus shipping and handling. Contact PERF at 202-466-7820, Fax 202-466-7826.) Federal Guides Help Coinmuniti.es Plan Programs A new publication from The President's Crime Prevention Council features a list of 50 federal youth crime and violence preven- tion programs, tips on planning, and resource lists. Preventing Crime and Promoting Responsibility: 50 Federal Programs That Help Communities Help Their Youth out- lines basic questionsrto help plan- ners ensure that prevention efforts are comprehensive and appropri- ate to local conditions. The pro- grams profiled illustrate the broad range of federal resources avail- able to help communities design, implement, and sustain youth crime and violence prevention efforts.. Appendixes list federal resource centers and clearing. houses, identify relevant federal publications, and provide a glos- sary of federal terminology and acronyms. Single copies free from The President's Crone Prevention Council, 736 Jackson Place, NW, Washington, DC 20503.202-395- 5565. Fax 202-395-5567. The Office of Justice Programs Resource Guide provides a road map of grant programs, training, and other assistance available through the U.S. Department of Justice's Office of justice Programs. Included in the 40-page booklets highlights are comprehensive community -based initiatives, available training and technical assistance, opportunities for finan- cial assistance, new programs being implemented under the Violent Crone Control and Law Enforcement Act of 1994, publica- tions, and clearinghouses and resource centers that :can be accessed by phone or via the Internet. The Resource Guide is available :on the _Internet at "gopher: j/justice2:usdoj;gov:70/ 00/ojp/ojprg.txt' ,tal1-800-421- 6770. for print copies. Radio Shack's® February Training To Focus on Gangs Preventing Gang Violence = What's Working, the first of four satellite downlink trainings offered throughout 1996 by the United Against Crime Partnership, will take place on February 15,1996, from 12:00 p.m. to 3:00 p.m. Eastern Time. The United Against Crime alliance — Radio Shack®, the National Crime Prevention Council, and the National Sheriffs' Association — seeks to provide free crime prevention '� 'training and educational materials:to _law enforcement and community organizers. Using 140 satellite downlink sites across the country, the February session targets audi- ences who have some knowledge of gangs, including law enforce- ment, schools, parents, and local policymakers. For more informa- tion, contact Margaret McDonnell at NCPC, 202-466-6272, ext.120, or Leah McCloe at Radio Shack®, 817-878-6707. 3 GEORGETOWN AREA WATER SERVICE CCN'S \1 % . . . . . . . . . . qmr-Y4 VLOU NO �71, 1211 ETJ CY. JkO Basmap 11-NI-11 E TJ low Cii)7 Lindts oe*%./ School Districts All service areas are approximate. See community Owned Utilities for more detail. Georgetmvii CCN Chishobn Trail CCN Prepared by Development Sen ices Berrycreek MUD July 19, 1994 J0, W/1 CCN F F ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCE 93-42 TO REAPPORTION THE ASSESSMENT OF THE 21.26 ACRE TRACT OUT OF THE J.B. PULSIFIER SURVEY NO. 36 AND NICHOLAS PORTER SURVEY IN WILLIAMSON COUNTY TEXAS, PROPORTIONATELY BY SQUARE FOOTAGE OF EACH PROPOSED LOT DIVISION IDENTIFIED IN THE PRELIMINARY PLAT OF RIVER OAKS - IH 35 BUSINESS PARK; INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 28, 1995 the City Council exhibited its intent to allow reapportion of the assessments which were levied against property owners on East 1-35 Frontage Road for a portion of the costs of construction of the frontage road, to allow for resubdivision of property and increased marketabiltiy of lots; and WHEREAS, the property described in the original assessment as 21.26 acres and further described in that attached exhibit "A" of ordinance 93-42, (the "Assessed Property"); and WHEREAS, Georgetown 35 Joint Venture was the owner of the Assessed Property at the time of the original assessment; and WHEREAS, the current owner of the Assessed Property is 1994 Land Fund II - Dallas, I L.P.; and WHEREAS, on January 9, 1996, the City Council approved the preliminary plat for resubdivision of the Assessed Property ("Preliminary Plat") as identified in the attached Exhibit "A" to this ordinance; WHEREAS, on January 23, 1996, the City Council approved the abandonment of existing right of way located on the Assessed Property in exchange for new right of way identified on the Preliminary Plat; and WHEREAS, on January 23, 1996, the City Council approved dedication of parkland as identified on the preliminary plat; and WHEREAS, the Owner has requested that the full assessment be reapportioned on a pro rata basis according to the square footage of the remaining acreage in Lots 1 through 10, and excluding the acreage of the right of way and parkland dedications; *and East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 1 of 3 WHEREAS, the City Council has determined that the reapportionment of the assessment 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 the following policies of the Century Plan - Development Plan Element: 1. Transportation Policy 15, which states: "The City will encourage a transportation system that provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals;" 2 Economic Development Policy 1 which states: "The City will encourage a diversified growth and promote business opportunities to create jobs, broaden the tax base and minimize the impact of economic fluctuations;" 3. Finance Policy 1 which states: "The City will conduct all Municipal operations in an efficient business -like manner;" 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. The assessment of $196,000 as levied in Ordinance No. 93-42 and as amended by Ordinance No. 95-59 will remain due and payable on the lots identified on the Preliminary Plat and will be subject to payment of the full assessment of $196,000 until such time as a final plat of the property, is approved and recorded in the Plat Records for Williamson County, Texas. The assessment of $196,000 will be divided apportioned between Lots 1 - 10 in accordance with lot size. At the time that each lot sells, the seller shall pay to the City the assessed amount against the lot as stated below. Lot # Acreage Assessed Amount 1 2.337 $29,539.68 2 .875 $11, 060.00 3 .918 $11, 603.52 4 1.252 $15,825.28 5 .655 $ 8,279.20 6 .708 $ 8,949.12 7 .789 $ 9,972.96 East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 2 of 3 8 .591 $ 79470.24 9 .767 $ 9,694.88 10 6.614 $83,605.02 SECTION 3. Release of the assessment on each lot will be contingent upon payment in full of that lot's portion of the assessment as designated in this ordinance. SECTION 4. Until such time as the final plat is recorded the assessment will still be due and payable on each lot in accordance with the original assessment ordinance 93- 42 and as amended by Ordinance 95-59. SECTION 5. All ordinances and resolution, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 6. 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 7. 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 on approval after passage on second reading. PASSED AND APPROVED on First Reading on the day of , 1996. PASSED AND APPROVED on Second Reading on the day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 3 of 3 Leo Wood, Mayor l• DRAFT FOR REVIEW ONLY DATE: January 23, 1996 TIME: 4:45 P.M. WATER SERVICE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND JONAH WATER SPECIAL UTILITY DISTRICT This agreement (the "Agreement") is executed between the City of Georgetown, Texas ("Georgetown" or the "City") and Jonah Water Special Utility District ("Jonah") for the purposes and consideration set forth herein. WHEREAS, Georgetown is a home rule municipal corporation organized in accordance with the laws of the State of Texas; and WHEREAS, Jonah is a special utility district organized in accordance with Chapter 65 of the Texas Water Code; and WHEREAS, Georgetown and Jonah are both "retail public utilities" as defined in section 13.002 of the Texas Water Code; and WHEREAS, Georgetown has been issued Certificate of Convenience and Necessity ("CCN") No. 12369 by the Texas Natural Resource Conservation Commission ("TNRCC") to provide water utility service for certain areas within Williamson County, Texas; and WHEREAS, Jonah has been issued CCN No. 10970 by the TNRCC to provide water utility service for certain areas within Williamson County, Texas adjacent to Georgetown's CCN area; and WHEREAS, Georgetown and Jonah desire to transfers certain areas within Jonah's present CCN area to Georgetown to accommodate higher density development of the area; and WHEREAS, Georgetown and Jonah desire to provide a mechanism for orderly transfer of water utility service area as development occurs in other areas, and WHEREAS, Georgetown and Jonah desire to maintain system interconnects between their respective water supply sv stems; and WHEREAS, Georgetown and Jonah desire to provide the basis for the development of a regional water supply system; and WHEREAS, Georgetown and Jonah both have contracts with the Brazos River Authority for construction of a raw water supply pipeline from Lake Georgetown to Lake Stillhouse Hollow; WHEREAS, Jonah does not provide wastewater utility service; and WHEREAS, Georgetown provides wastewater utility service within its corporate limits; and WHEREAS, Georgetown and Jonah desire to provide a mechanism for division of water and wastewater utility service in certain areas of Georgetown's extraterritorial jurisdiction (" ETJ" ); and WHEREAS, Georgetown's construction of a new wastewater treatment plant at the confluence of Berry Creek and the San Gabriel River south of FM 971 is critical to continued economic development of the general area that is the subject of this Agreement; and WHEREAS, Georgetown and Jonah entered into a Purchase Contract dated April 10, 1990 for the transfer of certain portions of Jonah's water supply system to Georgetown; and WHEREAS, Georgetown and Jonah entered into an Agreement for the Bulk Sale and Purchase of Water dated December 20, 1990 for the sale of water to Jonah by Georgetown; and WHEREAS, Georgetown and Jonah have, subject to subsequent disapproval by the TNRCC, through good faith negotiations resolved issues concerning the scope, conditions, and limitations on transfers of CCN areas; NOW, THEREFORE, Georgetown and Jonah enter into this Agreement for the purposes and consideration set forth herein as follows: I. PARTIES 1.1 This Agreement is entered into by and between the City of Georgetown, Texas and Jonah Water Special Utility District. IL TERM OF AGREEMENT 2.1 This Agreement shall remain valid and enforceable until superseded by subsequent agreement. Jonah/Georgetown Regional Water Agreement Page 2 of 9 III. CURRENT TRANSFER OF WATER UTILITY SERVICE AREA AND EMERGENCY SALE OF WATER 3.1 Jonah agrees to transfer to Georgetown the right to provide water utility service to the certain acreage within Jonah's certificated water utility service area, which acreage includes approximately total acres, and also includes the proposed Katy Crossing Subdivision on 117 acres with 488 planned service units. The specific area to be transferred is described in detail in Exhibit attached hereto. 3.2 Jonah agrees to request dual certification of one portion of Jonah's certificated water utility service area, which acreage includes approximately total acres, located north of FM 971 between County Road 151 and County Road 152. The specific area to be transferred is described in detail in Exhibit _ attached hereto. Jonah and Georgetown agree that current customers of Jonah in this dually certificated area will be retained by Jonah at their current service level and that customers can later transfer service to Georgetown at such time as the customers may choose to do so. 3.3 Within sixty (60) days of the effective date of this Agreement Georgetown and Jonah will file individual applications with the TNRCC to amend their respective CCNS to reflect the transfer of the Katy Crossing Property water utility service area. 3.4 Jonah and Georgetown agree not to initiate legal action under 7 U.S.C. § 1926(b) for any matter related to this Agreement. 3.5 Georgetown will allow Jonah to interconnect with the 16" water line initially installed to serve the Crystal Knoll subdivision. The interconnect location is generally described on Exhibit , specifically at the East edge of the Kleen property at the intersection of County Road 152 and FM 971 (the "FM 971 Emergency Interconnect"). 3.6 Georgetown will allow Jonah to interconnect with the 12" water line located on Rabbit Hill in the southern portion of Georgetown's water service area (the "Rabbit Hill Emergency Interconnect"). This second interconnect location is generally described on Exhibit 3.7 In the event of an emergency, which means unforeseen equipment or system failure or lack of sufficient water resources which results in the inability of Jonah to adequately serve its customers, Georgetown will sell water to Jonah at the then current rate charged by Georgetown to its retail residential customers, with any such emergency sales being subject to Georgetown having available surplus water capacity at the time of a request for emergency water under this section. Jonah/Georgetown Regional Water Agreement Page 3 of 9 3 IV. TRANSFER OF WATER UTILITY SERVICE AREA 4.1 Jonah will provide water service to areas within its CCN service area, but also within Georgetown's ETJ, that meets Georgetown's firefly requirements (residential, commercial, - and industrial) as defined in Exhibit . Jonah will provide the required overhead water storage capacity to meet the firefly requirement for those areas within Georgetown's ETJ which Jonah serves. 4.2 Jonah agrees to transfer a portion of Jonah's water CCN service area to Georgetown's water CCN service area, subject to approval by the Texas Natural Resource Conservation Commission, as shown on the map attached as Exhibit V. REGIONAL WATER SUPPLY SYSTEM 5.1 Georgetown and Jonah agree to pursue creation of a regional water supply system as partners. 5.2 Jonah agrees to participate in the Trans -Texas Study and the Regional Water Plan in anticipation of becoming a partner in a regional water system including Georgetown. 5.3 Should Georgetown's water treatment plant be integrated into a regional water system, Jonah shall have the option of becoming an _ equity partner in that plant. As an equity partner, Jonah shall pay its pro-rata share construction and operation and maintenance costs associated with the water treatment plant. 5.4 If Jonah chooses to participate in a regional water system, Georgetown agrees that Jonah shall have the option to utilize the FM 971 Emergency Interconnect and the Rabbit Hill Emergency Interconnect as the delivery points for Jonah's treated water from the Georgetown water treatment plant if Jonah becomes an equity partner in that water treatment plant as stated in Paragraph 5.3 ("Delivery Points". In order to compensate Georgetown for maintenance of the transmission facilities up to the Delivery Points, Jonah shall pay a wheeling charge in the amount of $ per to Georgetown for use of Georgetown's water line for transmission. At such time as expansions are needed to the transmission facilities, Georgetown and Jonah will pay their pro rata share of the costs of the construction of this additional water transmission capacity. 5.5 Nothing in this Agreement shall be construed to prevent other entities from becoming partners with Georgetown and Jonah in a regional water supply system. Jonah/Georgetown Regional Water Agreement Page 4 of 9 4 VI. DIVISION OF WATER AND WASTEWATER UTILITY SERVICE 6.1 In consideration of Jonah's agreement to transfer a portion of its water CCN service area to Georgetown, its commitment to provide water service to meet fireflow levels as agreed in Section IV of this Agreement, and its commitment to participate in a regional water supply system, Georgetown agrees to provide wastewater service separate from the provision of water service, subject to the terms of this Agreement. 6.2 As a part of the City's Wastewater Master Plan, the City is planning to make wastewater service available through systematic expansions of the City's wastewater utility system within the City's Century Plan Planning Area, but outside the City's water CCN, and within Jonah's water CCN, where such expansions are in the long-term best interest of the City. 6.3 Any expansions of wastewater service by Georgetown in Jonah's water CCN service area shall be made in accordance with the City's Utility Extension Policy, and in conformance with the City's Wastewater Master Plan. 6.4 Jonah agrees to support Georgetown's permit application for, . and construction of, a wastewater treatment plant at the confluence of Berry Creek and the San Gabriel River south of FM 971, which is within Jonah's water service CCN area. 6.5 Jonah understands that Georgetown as a regular course of business disconnects water service when wastewater service is not paid. As a consideration of Georgetown's agreement to separate water and wastewater service under this agreement, and understanding the City;s need to retain the ability to repay its costs of operation. Jonah agrees to require all water customers who are also Georgetown wastewater customers to be contractually bound to pay their Georgetown wastewater bill or their water service from Jonah will be disconnected for non- payment for wastewater service to the same service address. VII. BREACH OF AGREEMENT AND REMEDIES 7.1 If either parry breaches any term or condition of this Agreement, the non -breaching party may, at its sole option, provide the breaching party with a notice of the breach within thirty (30) days of discovery of the breach by the non -breaching party. Upon notice of breach, the breaching party shall have ten (10) days to cure the breach. If the breaching party does not cure the breach within the ten (10) days, the non -breaching party shall have the right to enforce specific performance of this Agreement by the breaching party. The rights and remedies of the Jonah/Georgetown Regional Water Agreement Page 5 of 9 5 parties provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law and under this contract. VIII. MISCELLANEOUS 8.1 This Agreement supersedes any and all prior agreements, written or oral, between Georgetown and Jonah. 8.2 This Agreement shall be binding on Georgetown and Jonah and their successors and assigns. 8.3 This Agreement is the entire agreement between the parties with respect to the subject matter hereof. No modifications of this Agreement shall be of any force and effect whatsoever, excepting a subsequent modification in writing signed by both parties. 8.4 Any notice required or permitted to be given under this Agreement by one party to the other shall be in writing and the same shall be deemed to have been served and given if (i) delivered in person to the address set forth below for the party to whom the notice is given; (ii) placed in the United States mail by certified mail, return receipt requested, addressed to the party to whom the notice is given at the address set forth below; or (iii) deposited in the custody of Federal Express Corporation to be sent by Federal Express overnight delivery, addressed to the party to whom the notice is given at the address set forth below. Any notice transmitted in the manner provided above shall be effective upon its deposit into the custody of the United States Postal Service or Federal Express Corporation as applicable. All notices shall be effective upon receipt. The address for Georgetown for all purpose under this Agreement and for all notices herein shall be: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 The address for Jonah for all purposes under this Agreement and for all notices herein shall be: General Manager Jonah Water Special Utility District Route 1, Box 112-B Georgetown, Texas 78626 Jonah/Georgetown Regional Water Agreement Page 6 of 9 6 From time to time either party may designate another address within the United States for all purposes of this Agreement by giving the other party not less than ten (10) days advance written notice of such change of address in accordance with the provisions hereof. 8.5 Captions are included solely for convenience of reference and if there is any conflict between captions and the text of the Agreement, the text shall control. 8.6 Whenever the context requires, the gender of all words herein shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and the plural. 8.7 This Agreement was prepared and drafted jointly by legal counsel representing Georgetown and Jonah. 8.8 Unless otherwise specified and adopted, references in this Agreement to "paragraphs" or "subparagraphs" refers to the paragraphs and subparagraphs in this Agreement. 8.9 All exhibits and maps attached hereto are incorporated herein by reference for all purposes. 8.10 This Agreement shall be construed under and in accordance with the laws of the State of Texas. 8.11 Any action at law or in equity brought to enforce or interpret any provision of this Agreement shall be brought in a state court of competent jurisdiction with venue in Williamson County, Texas. 8.12 If any provision contained in this Agreement shall for any reason be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 8.13 The parties hereto covenant and agree that they shall execute and deliver such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the intent of this Agreement. 8.14 This Agreement may be executed in multiple originals, either copy of which shall be considered to be an original, by the Mayor of the City of Georgetown. Texas and by the General Manager of the Jonah Water Special Utility District. 8.15 This Agreement shall be effective on the date of execution below. Jonah/Georgetown Regional Water Agreement Page 7 of 9 11 , 8.16 The signatories hereto represent and affirm that they are authorized to execute this Agreement on behalf of the respective parties hereto. 8.17 Either parry to this Agreement who is the prevailing party in any legal proceeding against the other parry, brought in relation to this Agreement, shall be entitled to recover court costs and reasonable attorney's fees from the non -prevailing party. EXECUTED AND AGREED TO by the parties hereto this day of , 1996. ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney CITY OF GEORGETOWN, TEXAS 0 Leo Wood, Mayor JONAH WATER SPECIAL UTILITY DISTRICT By: Carl Lidell, General Manager Jonah/Georgetown Regional Water Agreement Page 8 of 9 8 ATTEST: Secretary for Jonah S.U.D. APPROVED AS TO FORM: Charlie Crossfield Attorney for Jonah S.U.D. STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This Agreement was acknowledged before me on the day of , 1996 by Carl Lidell, a person known to me, in his capacity as General Manager of Jonah Water Special Utility District, on behalf of said special utility district. Notary Public in and for the State of Texas Jonah/Georgetown Regional Water Agreement Page 9 of 9 9 NOTICE OF MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, January 23, 1996 The City Council of the City of Georgetown, Texas, will meet on Tuesday, January 23, 1996, at 5:00 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 at 5:00 p.m. A Discussion on proposed Customer Controlled Load Management System (CCLM) and agreement with Central and South West Regular Session B Approval of an ordinance canvassing the votes for the January 20, 1996, Special Election and declaring the election results to be official --Emergency Reading/Sandra Lee C Swearing in of newly -elected Councilmember/Sandra Lee D Comments by incoming Councilmember 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. E Sec.551.071 consultation with attorney F Sec.551.072 deliberation on real property G Sec.551.074 personnel matters Regular Session - to begin no earlier than 7:00 p.m. H Action on Executive Session items I Mayor, Council, City Manager, and staff comments and reports J Citizens wishing to address the Council City Council Agenda/January 23, 1996 Page 1 of 5 Pages 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. K Consideration of approval of meeting minutes --Regular Meeting of January 9,1996/Sandra Lee L Consideration of approval of the purchase of property from Sierra Microwave Technology, Inc. for construction of improvements to be leased to Reedholm Instruments Company/Marianne Banks M Consideration of a community and business agreement and lease with Reedholm Instruments Company for construction and development of a manufacturing facility/Marianne Banks N Consideration of the purchase of property from Sierra Microwave Technology, Inc. for construction of improvements to be leased to Advanced Cable Services, L.P. /Marianne Banks O Consideration of a community and business agreement and lease with Advanced Cable Services, L.P. to provide real estate improvements in the form of a building to allow Advanced Cable Service, L.P. to expand its telecommunications/CATV industry operations in the City of Georgetown/Marianne Banks P Consideration of an award of grant administration services to the Institute for Finance and Economic Development and authorization to staff to negotiate a contract for services for administration of the Capital Fund Grant on behalf of Advanced Cable Services, L.P. /Bob Hart Q Consideration of an award of bid for the City Offices remodeling project to Austin Refrigeration in the amount of $52,256.00 for electrical installation, and to Airco Mechanical in the amount of $26,180.00 for HVAC installation/Terry Jones and Susan Morgan R Consideration of an award of bid for stationery and business cards to Copy Right in the estimated amount of $18,340.00/Terry Jones and Susan Morgan S Consideration of an award of a two-year bid to Unifirst in the estimated annual amount of $23,816.00 for employee uniforms/Terry Jones and Susan Morgan T Consideration of abandonment of the City's interest in right of way designated in a development agreement for River Oaks Drive within River Oaks Park Subdivision/Marianne Banks U Consideration of parkland dedication located within River Oaks - I. H. 35 Business Park/Marianne Banks V Consideration of a resolution to authorize an abandonment of a portion of a drainage easement located along the east property line of La Quinta Drive, at Lot 31, Block A, Berry Creek Subdivision, Section Nine, Phase Three, located at 30407 La Quinta Drive/Hildy Kingma and Ed Barry City Council Agenda./January 23, 1996 Page 2 of 5 Pages W Consideration of a Final Plat of a 2.922 acre tract in the Daniel Monroe Survey, to be known as the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -A; and variances to the Subdivision Regulations/Hildy Kingma and Ed Barry X Consideration of a resolution to authorize a license to encroach into the public utility easement and drainage easement located along the west property line of Sun City Georgetown, Phase 1, Neighborhood One, Block 5, Lots 21 and 22/Hildy Kingma and Ed Barry Y Consideration of a preliminary plat of a 5.96 acre tract in the Lewis Dyches Survey to be known as Pleasant Valley Estates, Phase One; and variances to the Subdivision Regulations/ Hildy Kingma and Ed Barry Z Consideration of waiving detailed development plan requirement for GISD projects at the Junior High School and the High School/Hildy Kingma and Ed Barry AA Consideration of a Revised Preliminary Plat of Reata Trails Subdivision, Unit 4, a 39.28 acre tract in the David Wright Survey, located at Wagon Wheel Trail, Stagecoach Drive, and Northwest Boulevard, and requested variances to the Subdivision Regulations/ Hildy Kingma and Ed Barry 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.) BB First Reading of an ordinance to rezone 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, from RS Residential Single Family to RP, Residential Planned District with a Detailed Development Plan, and requested waiver of fees/Hildy Kingma and Ed Barry CC Consideration of a Short Form Final Plat of 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, and requested waiver of fees/Hildy Kingma and Ed Barry DD First Reading of an ordinance to extend the effective date of the Georgetown Sign Ordinance, also known as Chapter 12.10 of the Georgetown Municipal Code, from the current expiration date of February 24, 1996, to a revised expiration date of August 24, 1996/Hildy Kingma and Ed Barry EE First Reading of an ordinance amending Ordinance 93-42 to reapportion the assessment of the 21.26 acre tract out of the J. B. Pulsifer Survey No. 36 and Nicholas Porter Survey No. 26 in Williamson County, Texas, proportionately, by square footage of each proposed lot division identified in the preliminary plat of River Oaks - I. H. 35 Business Park/Marianne Banks City Council Agenda/January 23, 1996 Page 3 of 5 Pages FF Consideration of authorizing the Mayor to execute a contract with Jonah Special Utility District which will provide for changes in the boundaries of the Certificate of Convenience and Necessity (CCN) and wastewater service in the Jonah water service area/Bob Hart and Marianne Banks GG First Reading of an ordinance amending Ordinance 95-42/Dave Hall/Ed Barry/Marianne Banks HH first reading of an ordinance amending the Zoning Ordinance to include model homes and construction offices as specially permitted and restricted uses/Clyde von Rosenberg and Ed Barry II First reading of an ordinance amending the Zoning Ordinance to revise the rules for landscaping, off-street parking and accessory uses and buildings/Clyde von Rosenberg and Ed Barry JJ Consideration of a resolution to create the Airport Plan Working Group and to direct the Working Group to proceed with the development of the Airport Functional Plan Element of the Century Plan/Clyde von Rosenberg and Ed Barry KK Consideration of the appointment of three members to the Airport Advisory Board/Leo Wood LL Consideration of the appointment of three members to the Board of Adjustment/Leo Wood MM Consideration of the appointment of two members to the Building Standards Commission/Leo Wood NN Consideration of the appointment of four members to the Convention and Visitors Board/Leo Wood 00 Consideration of the appointment of two members to the Board of Electrical Examiners/Leo Wood PP Consideration of the appointment of three members to the Historic Preservation Commission/Leo Wood QQ Consideration of the appointment of two members to the Hospital Authority Board/Leo Wood RR Consideration of the appointment of two members to the Housing Authority Board/Leo Wood SS Consideration of the appointment of four members to the Library Advisory Board/Leo Wood TT Consideration of the appointment of four members to the Parks and Recreation Board/Leo Wood UU Consideration of the appointment of four members to the Planning and Zoning Commission/Leo Wood VV Consideration of a resolution to create the Century Plan Facilities and Services Plan Working Group and to direct the Working Group to proceed with the development of the Facilities and Services Functional Plan Element of the Century Plan/Clyde von Rosenberg and Ed Barry City Council Agenda/January 23, 1996 Page 4 of 5 Pages WW 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 , 1996, at a. m. /p. m. City Council Agenda/January 23, 1996 Page 5 of 5 Pages Council meetingdate: 1-23-96 3 Item No. AGENDA ITEM COVER SHEET SUBJECT An ordinance canvassing the votes for the January 20, 1996, Special Election and declaring the election results to be official --Emergency Reading ITEM SUMMARY The votes. from Election Day and from Early Voting will be tabulated by the Presiding Judge at Polling Place "A" at the Georgetown Public Library. The ballot box, tally list, and prepared return sheet will be brought to City Hall, and unofficial results will be announced on Saturday evening, January 20, 1996, following the close of the polls. The unofficial tabulation sheet will be taped to both entrance doors at the City Hall Building. At the Council Meeting, Mayor and Councilmembers will be provided the tally lists and return sheets on the dias when this item is handled on the Agenda. I have researched the Texas Election Code and can find no requirement for anyone to leave the dias as has been done in past years. It will simply be a comparison and verification of the results. I have included copies of the appropriate Section of the Code for your information. Because none of the seated Council is involved in this election, it will not be necessary for any of you to leave the dias. The unofficial tabulation sheet from the night of the Election will be given to you for your approval. After comparing the returns with the tally lists, you can give your approval or express a discrepancy, if any. According to Section 67.004 (d) (on page 346 of the Code copy attached), if a discrepancy is discovered, the presiding judge of the voting precinct shall examine the returns and the tally lists and make the necessary corrections on the returns. As the City Elections Administrator, I will act for the Presiding Judge and make the corrections on the tabulation sheet for your approval, if in fact corrections are necessary. The unofficial tabulation sheet will then become the official tabulation sheet; will need your approval by motion; will be signed by the Mayor; and will be added to the City of Georgetown Election Register. This is a slightly different way of handling the Canvass than has been traditionally done here in Georgetown, but complies with the Code; and this procedure should avoid a delay in the meeting for members to leave the dias to go to another room for the canvass. In the future, when seated Councilmembers are participants in the Election, those members will be asked to step down from the dias and take a seat in the audience until the canvass is complete. The Code specifies that only two members are needed to constitute a quorum for the purpose of canvassing. ATTACHMENTS 1. Copy of Chapter 67 of the Texas Election Code referring to Canvassing Elections 2. Proposed ordinance Sub 'ted By. C; Sandra D. Lee, City Secretary CHAPTER 67. CANVASSING ELECTIONS Section 67.001. Applicability of Chapter. 67.002. Canvass of Precinct Returns. 67.003. Time for Local Canvass. 67.004. Procedure for Local Canvass. 67.005. Determining Official Result of Election Not Canvassed at State Level. 67.006. Local Election Register. 67.007. County Election Returns. 67.008. Separate County Returns for Governor and Lieutenant Governor. 67.009. Forms and Instructions for County Returns. 67.010. County Returns Canvassed by State Board. 67.011. County Returns Canvassed by Legislature. 67.012. Time for Canvass by State Board. 67.013. Procedure for Canvass by State Board. 67.014. Determining Official Result of Election Canvassed at State Level. 67.015. State Election Register. 67.016. Certificate of Election. 67.017. Reporting Precinct Results to Secretary of State. § 67.001. Applicability of Chapter This chapter applies to each general or special election conducted in this state. Library References Elections e-256 to 263. 1 Tex.Prac., Municipal Law and Practice, C.J.S. Elections §§ 235 to 239. Appendix A. § 67.002. Canvass of Precinct Returns (a) Except as otherwise provided by law, the precinct election returns for each election shall be canvassed by the following authority: (1) for an election ordered by the governor or by a county authority, the commissioners court of each county in which the election is held, - and (2) for an election ordered by an authority of a political subdivision other than a county, the political subdivision's governingTody. (b) The canvass of precinct returns shall be conducted in accordance with this chapter except as otherwise provided by this code. 344 CANVASSING ELECTIONS § 67.004 Ch. 67 Historical Note Prior Law: Acts 1963, 58th Leg., p. 1017, ch. 424, Acts 1951, 52nd Leg., p. 1097, ch. 492, § 67. § 111a. V.A.T.S. Election Code, art. 8.29a. Cross References Commissioners court, generally, see Vernon's Ann.Civ.St. art. 2339 et seq. Primaries, local canvass, see § 172.116. Library References Tex.Prac., Municipal Law and Practice, Appendix A. § 67.003. Time for Local Canvass (a) Each local canvassing authority shall convene to conduct the local canvass not earlier than the second day or later than the sixth day after election day at the time set by the canvassing authority's presiding officer. (b) This section does not apply to a local option election under the Alcoholic Beverage Code. Historical Note Prior Law: Rev.Civ.St.1911, art. 3030. G.L. vol. 9, p. 357. Vernon's Ann.Civ.St. art. 3030. Rev.Civ.St.1879, art. 1705. Acts 1951, 52nd Leg., p. 1097, ch. 492, Acts 1883, p. 50. § 116. Rev.Civ.St.1895, art. 1753. V.A.T.S. Election Code, art. 8.34. Cross References Primaries, local canvass, see § 172.116. § 67.004. Procedure for Local Canvass (a) At the time set for convening the canvassing authority for the local canvass, the presiding officer of the canvassing authority shall deliver the sealed precinct returns to the authority. The authority shall open the returns for each precinct and canvass them as provided by this section. (b) The canvassing authority shall prepare a tabulation stating for each candidate and for and against each measure: (1) the total number of votes received in each precinct; and (2) the sum of the precinct totals tabulated under Subdivision (1). (c) The canvassing authority may prepare the tabulation as a separate document or may enter the tabulation directly in the local election register maintained for the authority. 345 § 67.004 CONDUCT OF ELECTIONS Title 6 (d) The canvassing authority may compare the precinct ret'irns with the corresponding tally list. If a discrepancy is discovered between the vote totals shown on the returns and those shown on the talli' list for a precinct, the presiding judge of the precinct shall examine the returns and tally list and make the necessary corrections on the ret, .rns. (e) On completion of the canvass, the presiding officer of the canvass- ing authority shall deliver the tabulation to the custodian of the local election register unless it is entered directly in the election :-egister. The custodian shall preserve the tabulation for the period for preserving the precinct election records. (f) On completion of the canvass, the presiding officer of the canvass- ing authority shall deliver the precinct returns and tally lists used in the canvass to the general custodian of election records. The custodian shall preserve them for the period for preserving the precinct election records. Historical Note Prior Law: Rev.Civ.St.1879, art. 1706. Rev.Civ.St.1895, art. 1754. Rev.Civ.St.1911, arts. 3031, 3123 to 3125. Acts 1933, 43rd Leg., p. 762, ch. 225, § 10. Acts 1941, 47th Leg., p. 1400, ch. 635, § 1. Vernon's Ann.Civ.St. arts. 3031, 3125. Acts 1951, 52nd Leg., p. 1097, ch. 492, §§ 117, 203. Acts 1963, 58th Leg., p. 1017, ch. 424, § 94. V.A.T.S. Election Code, arts. 8.35, 13.25. Library References Tex.Prac., Municipal Law and Practice, Appendix A. Notes of Decisions Construction and application 1 Irregularities 3 Mandamus 4 Power and duties of canvassing authority 2 1. Construction and application Canvassing returns and declaring results of election involve a political question not cognizable by court of equity. Fuller v. McHaney (Civ.App.1917) 192 S.W. 1159. Fact that county judge had not called election was immaterial to candidates' right to have returns canvassed and results of election declared. Shelor v. Commissioners Court of Harris County (Civ.App.1957) 304 S.W.2d 153. Canvassing of votes is part of election procedure and is necessary to determination of result. Grant v. Ammerman (Sup.1969) 437 S.W.2d 547. Canvassing of votes is integral part of election itself, without which election is vain proceeding. Id. Vernon's Ann.Civ.St. 3031 (repealed; see, Canvassing votes of an election is minis - now, this section) only required substantial terial function. Id. compliance. Leslie v. Griffin (Civ.App.1930) 23 S.W.2d 535, reversed on other grounds No discretion is lodged with election (Com.App.) 25 S.W.2d 820. judge to decide, after the voters have voted, Election law provisions regulating r turns are "directory" and not "mandatory" and must be liberally construed to give of fect to votes actually cast. Orth v. Bena vides (Civ.App.1939) 125 S.W.2d 1081. that the returns will not be certified w the e canvassing board; at that stage, a court of law is the only authorized authority or tri- bunal which may decide whether voting fraud has occurred, and only then in an election contest prescribed by statute. Wil- 346 CANVASSING ELECTIONS Ch. 67 liamson v. Kempf (Civ.App.1978) 574 S.W.2d 845, ref. n.r.e. 2. Power and duties of canvassing au- thority Under Rev.Civ.,Jt.1911, arts. 3030 to 3032 (see, now, §§ 2.00 , 67.003 to 67.006, 67.010, and 67.016), and 3044a (see, now, Vernon's Ann.Civ.St. art. 17), commissioners' court was acting within province of its lawful duties in determining whether particular re- turns should be estimated in the canvass, though such action in rejecting particular returns might have been wrongful, it was no part of the duty of an officer to ascer- tain the result of the election held to elect his successor, if the result had been de- clared by officials authorized by such arti- cles to ascertain result. Jackson v. Houser (Civ.App.1919) 208 S.W. 186. Members of commissioners court, sitting as canvassing board did not have power to go behind election returns to determine that office of justice of the peace had been or- dered abolished and that there was no of- fice in being notwithstanding fact that elec- tion officials included names of two candi- dates for that office on ballot, and thus candidate, whose name was placed on gen- eral election ballot was entitled to writ of mandamus ordering county judge and coun- ty commissioners to canvass returns and declare result of election. Grant v. Ammer- man (Sup.1969) 437 S.W.2d 547. 3. Irregularities Fact that precinct election returns were transmitted to county judge by election judge in unsealed envelope did not vitiate election in that precinct. Leslie v. Griffin (Civ.App.1930) 23 S.W.2d 535, reversed on other grounds (Com.App.) 25 S.W.2d 820. Irregularities in returns not depriving electors of free and fair exercise of right of suffrage and of having their votes fairly estimated will not vitiate election in absence of statute declaring that ballots will be set § 67.005 aside for such irregularities. Orth v. Bena- vides (Civ.App.1939) 125 S.W.2d 1081. Alleged irregularities consisting of fail- ure to properly canvass school bond election returns, delivery of returns i.o an improper party, tampering and erasures and use of pencil when making statements of canvass and also consisting of fact that poll lists were not certified, that there was no school of instruction for those who would hold the election and that all registers on voting machines at one polling place were not set at zero, did not invalidate election, absent showing that any such irregularities affect- ed or changed results of election. Wright v. Board of Trustees of Tatum Independent School Dist. (Civ.App.1975) 520 S.W.2d 787, error dismissed. 4. Mandamus It was not within discretion of commis- sioners' court to refuse to canvass returns and declare results of election on ground that county -wide election had been required and that no election had been held in two of twenty-one districts; and mandamus would lie. Shelor v. Commissioners Court of Har- ris County (Civ.App.1957) 304 S.W.2d 153. Where commissioners court refuses to canvass election returns, writ of mandamus ordering canvass of election returns and declaring results of election is proper reme- dy. Grant v. Ammerman (Sup.1969) 437 S.W.2d 547. Certifying results of election for school district board of trustees was ministerial duty of election judge, and canvassing the returns was a ministerial duty of the board of trustees, which duties could be compelled by mandamus despite contention that court was thereby exercising judicial control over incomplete election proceedings and that it was error to compel completion of the politi- cal process after the election judge stated that she had discovered fraud in the voting rendering it impossible to correctly certify the election returns. Williamson v. Kempf (Civ.App.1978) 574 S.W.2d 845, ref. n.r.e. § 67.005. Determining Official Result of Election Not Canvassed at State Level (a) Except as provided by Subsection (b), the official result of an election that is not canvassed at the state level is determined from the canvass of the precinct returns conducted by the local canvassing author- ity. (b) In an election in which there is more than one local canvassing authority but no canvass at the state level, the official result is deter- mined in the manner prescribed by the law providing for the election. 347 § 67.005 Historical Note Prior Law: G.L. vol. 9, p. 357. Rev.Civ.St.1879, art. 1705. Acts 1883, p. 50. Rev.Civ.St.1895, art. 1753. Rev.Civ.St.1911, arts. 3030, 3123 to 3125. Acts 1933, 43rd Leg., p. 762, ch. 225, § 10. § 67.006. Local Election Register CONDUCT OF ELECTIONS Title 6 Acts 1941, 47th Leg., p. 1400, ch. 635, § 1. Vernon's Ann.Civ.St. arts. 3030, 3125. Acts 1951, 52nd Leg., p. 1097, ch. 492, §§ 116, 203. Acts 1963, 58th Leg., p. 1017, ch. 424, § 94. V.A.T.S. Election Code, arts. 8.34, 13.25. (a) An election register shall be maintained for each local canvassing authority. (b) For each election, the election register must contain in tabulated form the information required to appear in the tabulation of precinct results prepared by the local canvassing authority. (c) The general custodian of election records for tht elections can- vassed by a local canvassing authority is the custodian of the authority's election register. (d) On receipt of the local canvassing authority's tabulation of votes, the custodian shall make the appropriate entries in the election register. (e) The election register shall be preserved as a permanent record. Historical Note Prior Law: Acts 1949, 51st Leg., p. 688, ch. 361, § 6. G.L. vol. 9, p. 357. Vernon's Ann.Civ.SL, arts. 3030, 3124. Rev.Civ.St.1879, art. 1705. Acts 1951, 52nd Leg., p. 1097, ch. 492, Acts 1883, p. 50. §§ 116, 202.Acts 1959, 56th Leg., p. 221, ch. 130, § 1. Rev.Civ.St.1895, art. 1753. Acts 1959, 56th Leg., p. 335, ch. 165, § 6. Acts 1905, 29th Leg., 1st C.S. p. 553, Acts 1963, 58th Leg., p. 1017, ch. 424, § 131. § 93. Rev.Civ.St.1911, arts. 3030, 3122. Acts 1967, 60th Leg., p. 1915, ch. 723, Acts 1929, 41st Leg., p. 570, ch. 275. § 53. Acts 1933, 43rd Leg., p. 762, ch. 225, § 9. V.A.T.S. Election Code, arts. 8.34, 13.24. Library References Tex.Prac., Municipal Law and Practice, Appendix A. § 67.007. County Election Returns (a) For each election for a statewide or district office, a statewide measure, or president and vice-president of the United States, the county clerk of each county in the territory covered by the election shall prepare county election returns. (b) The county election returns shall state, for each candidate and for and against each measure, the total number of votes received in the county as stated by the local canvassing authority's tabulation of votes. 348 ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OF GEORGETOWN SPECIAL ELECTION HELD ON JANUARY 20, 1996; AND PROVIDING FOR EMERGENCY PASSAGE WHEREAS, the City Council of the City of Georgetown, Texas ordered an election to be held on Saturday, January 20, 1996, for the purpose of electing a councilmember for District 2; and WHEREAS, the City Council has investigated all matters pertaining to said election, including the ordering, giving notice, holding and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the results thereof, and said returns have been duly delivered to said City Council; and WHEREAS, it appears from said returns, duly and legally made, that each of the candidates received the following votes: Shelley Pierre Davis Luther Laubach WHEREAS, the City Council of the City of Georgetown has determined that this Ordinance must be passed on an emergency reading to allow the Councilmember to take office in a timely manner, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS, that: SECTION I. The City Council officially finds and determines that said election was duly called; that proper notice of said election was given in accordance with law; that said election was held in accordance with law; and that returns of the results of said election have been made and delivered, and that the City Council has canvassed said returns, all in accordance with the law and the Ordinance calling said election. SECTION II. The City Council officially finds and determines that was elected as Councilmember for District No. 2. 1996 Special Election Ordinance No. Page 1 of 2 Pages Furthermore, said is hereby declared duly elected to office, subject to the taking of an oath of office as provided for by the laws of the State of Texas and the Charter of the City of Georgetown, Texas. SECTION III. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located outside of the City Hall/Council Chambers, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. SECTION IV. This Ordinance establishes an emergency due to the need for this Councilmember to take office in a timely fashion and in accordance with the provisions of the Election Code of the State of Texas and the Charter of the City of Georgetown, and therefore this ordinance shall take effect immediately upon passage by a favorable vote of not less than a majority plus one of the Councilmembers qualified in serving. PASSED, APPROVED, AND ADOPTED on emergency reading on this 23rd day of January, 1996. SIGNED: Leo Wood Mayor ATTEST: Sandra D. Lee City Secretary 1996 Special Election Ordinance No. Page 2 of 2 Pages APPROVED AS TO FORM: Marianne Banks City Attorney Council meeting date: 1-23-96 Item No. AGENDA ITEM COVER SHEET SUBJECT Meeting Minutes of Regular City Council Meeting on Tuesday, January 9, 1996. ATTACHMENTS 1. Minutes of Regular City Council Meeting of Tuesday, January 23, 1996 Subm' I d By: �-�-� Sandra D. Lee, City Secretary MINUTES OF THE MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, January 9, 19965 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Leo Wood presiding. Council Present: Dick Vincent George Arroyos Lee Bain Doris Curl Susan Hoyt Ferd Tonn Staff Present: Bob Hart, City Manager Marianne Banks, City Attorney Sandra Lee, City Secretary Ed Barry, Dir. of Development Services Susan Morgan, Dir. of Finance & Admin Randy Morrow, Dir. of Parks & Rec. Council Absent: (Councilmember Position for District 2 is vacant due to death of Winfred Bonner) Terry Jones, Purchasing Agent Hildy Kingma, Chief Planner Clyde von Rosenberg, Chief Planner Mickie Rundell, Accounting Supervisor Laurie Brewer, Staff Accountant Workshop - Called to order at 5.00 p.m. A Workshop discussion on proposed Customer Controlled Load Management System (CCLM) and agreement with Central and South West Regular Session - Called to order at 7.00 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. B Sec.551.071 consultation with attorney C Sec.551.072 deliberation on real property D Sec.551.074 personnel matters Executive Session was deferred to the end of the meeting. E Citizens wishing to address the Council City Council Meeting Minutes January 9, 1996 Page 1 of 6 Pages Mike Hall of Round Rock introduced himself and asked for support in his campaign for County Tax Assessor. F Mayor, Council, City Manager, and staff comments and reports Receipt of Certificate of Achievement for Excellence in Financial Reporting for the City of Georgetown 1993-94 Comprehensive Annual Financial Report Hart commended Morgan and the Finance staff and noted that this is the eighth consecutive year that they have won this award. Chamber of Commerce Banquet and January Meeting of TML Region X - January 18 Hart noted that both events would be on Thursday, January 18, and that 16 tickets were available for the Chamber Banquet through the City's Gold Membership in the Chamber. March 7 Board and Commission Dinner at First Baptist Church Hart noted that this was a change in date and location. Curl spoke of the recent Power Phone Training for emergency dispatchers being sponsored by the Georgetown Police Services. She also pointed out that the address numbers on some houses are either missing or not visible from the street. She suggested for emergency response reasons, it might be a good idea to have scouts or some other organization paint the numbers on the curbs. She suggested adding to the Subdivision Regulations that when a house sells it must have curb markings or in an alternate location for houses that have no curbs. Tonn added that he though house numbers were required by the Fire Code. Mayor complimented Morgan and the Finance staff. He also noted that 1998 is City's 150th birthday. He asked that the Council consider ideas to suggest at the March Retreat. 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. G Consideration of approval of meeting minutes --Regular Meeting of December 12,1995/Sandra Lee H Consideration of appointment of Precinct "A" Election Judge, Alternate Judge, and Early Voting Ballot Board for Special Election for District 2 on January 20, 1996/Sandra Lee Authorization for the Mayor to sign the Economic Development Contract with the Texas Department of Commerce on behalf of Advanced Cable Service, L.P./Bob Hart City Council Meeting Minutes January 9, 1996 Page 2 of 6 Pages Bain asked if there was a contract yet between the City and Advanced Cable, and was told that it would be on the next Council Agenda. Banks explained that the contract on tonight's agenda was for the City to receive the funds from the State. She said the company has made their presentation to the State. Bain asked and was told that the City would have no obligations to Advanced Cable unless the contract with the State is approved. J Consideration of a Poly Resource Recycling, Inc. release of lien on equipment and certificate of deposit held as collateral/Marianne Banks Bain asked about the particulars of this release. Hart and Banks explained the terms. Hart assured Bain there would be no lapse in the Certificate of Deposit. K Authorization for the Mayor to sign the Agreement for Joint Sponsorship of Phase II Studies for the Trans -Texas Water Program North Central Study Area/Bob Hart L Consideration of a resolution amending the Funding Agreement between the City of Georgetown and the Georgetown Heritage Society to provide administrative services for the Georgetown History and Visitor Information Center/Molly Alexander and Hartley Sappington M Consideration of an award of bid for sodium hypochlorite to DX Distributors in the amount of $16,050.00/Terry Jones and Randy Morrow N Consideration of an award of bid for police vehicle equipment to various bidders in the amount of $17,329.02/Terry Jones and Susan Morgan O Consideration of an award of bid for water meters to The Rohan Company in the amount of $22,101.28/Terry Jones and Jim Briggs P Consideration of an award of bid for an asphalt paving machine to Cooper Equipment Company in the amount of $47,200.00/Terry Jones and Susan Morgan Q Consideration of an award of bid for underground electrical cable to various bidders in the estimated amount of $94,992.30/Terry Jones and Jim Briggs R Consideration of approval of a change order to the 1995-1996 electric CIP Contract between the City of Georgetown and Flowers Construction in the amount of $60,000.00/Jim Briggs Motion by Tonn, second by Vincent to approve the Consent Agenda. Approved 6-0. 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.) City Council Meeting Minutes January 9, 1996 Page 3 of 6 Pages S Consideration of a Final Plat of a 31.732 acre tract in the Antonio Flores Survey to be known as a Planned Unit Development of Katy Crossing, Section One, located on FM971/Hildy Kingma and Ed Barry Kingma explained that the technical issues had been addressed. Arroyos asked about the "affordable range. " The developer replied that the homes would be in a price range of the $70,000's. Curl asked about the impervious cover transfer. Kingma explained that the plat notes are very specific, saying that additional square footage has been banked to allow for any changes. Curl asked about the decision on stormwater detention. Kingma replied that a lot down at the end of Claris Lane would be used for stormwater drainage. Motion by Tonn, second by Curl to approve the Final Plat. Approved 6-0. T Consideration of approval of a Preliminary Plat of River Oaks IH35 Business Park, a Resubdivision of Riveroaks of Georgetown Office Park, located on the East IH35 Frontage Road north of SH29; and variances to the Subdivision Regulations /H ildy Kingma and Ed Barry Kingma explained that this is currently platted as a one -lot subdivision, saying that the proposed resubdivision would create 10 commercial lots and one parkland lot. The parkland lot will be used to transfer the impervious cover allowances from that acreage to the developable lots. Curl asked if a survey by the State is required due to this being historical Chitauqua Indian grounds. The developer, Robert Gaylor, replied that the geological survey has been done and there was no indication of findings in that area. Curl said she was concerned about the preservation of the anchor point for a swinging bridge that used to exist on the property. Motion by Tonn, second by Hoyt to approve the Preliminary Plat. Approved 6-0. U Consideration of a resolution to authorize a license to encroach into the public utility easement and drainage easement located along the north property line of Reata Trails, Unit Three, Block D, Lot 24, located at 142 Canyon Road/Hildy Kingma and Ed Barry Motion by Vincent, second by Tonn to approve the resolution. Approved 6-0. V Consideration of a resolution authorizing the City Attorney to issue a quit claim deed to be filed abandoning the platted Public Utility Easement (PUE) located along the common lot line between Lots 19 and 20, Block H, Stonehedge, Section One/Hildy Kingma and Ed Barry Motion by Curl, second by Tonn to approve the resolution. Approved 6-0. The following Item X was taken before Item W. X Consideration of a resolution adopting a Capital Improvements Plan to be used as the basis for Development Impact Fees/Ed Barry City Council Meeting Minutes January 9, 1996 Page 4 of 6 Pages Motion by Hoyt, second by Vincent to approve the resolution. Approved 6-0 W Consideration and second reading of an ordinance adopting impact fees for the City of Georgetown/Ed Barry Barry explained to Council that the article in the Austin American Statesman about impact fees was not entirely correct. He clarified possible misinformation in the article, saying for example, that existing development would be "grandfathered" for one year. He explained that the total fees to be charged by the City would be about $3500. He also said that tap fees would be paid by the builder/developer/owner, rather than charged to all the tax payers in the City. Barry read the caption. Motion by Bain, second by Hoyt to approve Ordinance 96-01 on second reading. Approved 6-0. Y Consideration of a resolution adopting new construction permit fees/Dave Hall and Ed Barry A revised fee schedule was distributed on the dias. Barry explained the differences in the new fees. Motion by Vincent, second by Bain to approve the resolution adopting new fees. Approved 6-0. Z Consideration of approval of letters requesting the Texas Department of Transportation (TxDOT) to include the relocation of entrance and exit ramps to IH3 5 south as a component of the third IH3 5 main lane project through Georgetown, requesting access to northbound IH35 from the Inner Loop Road east of IH35, and requesting improvements to Business IH35 (Austin Avenue) between 2nd Street and Williams Drive (RM2338)/Clyde von Rosenberg and Ed Barry Wood suggested that staff look into federal funding for the improvements needed between 2nd Street and Williams Drive. Motion by Bain, second by Hoyt to approve the requests to the Department of Transportation. Approved 6-0. AA Consideration of a resolution indicating intent to annex, setting of the public hearings, and adoption of the service plans for the annexation of: approximately 80.3 acres in the Nicholas Porter Survey, located north of Williams Drive (RM2338) and south of Lakeway Boulevard/Clyde von Rosenberg and Ed Barry Hart explained that this would include the extension of Northwest Boulevard. Motion by Vincent, second by Bain to approve the resolution of intent to annex. Approved 6-0. BB Consideration of approval of a bid award to Dayco Construction for construction of the 1995-1996 Concrete Curb and Gutter Project in the amount of $122,280.00/Jim Briggs Briggs told Council that this work had originally been awarded to another contractor, but they declined to perform within the schedule required by the City, so the City pulled their bid bond. He said the City then contacted Dayco Construction, the contractor that had done the first sidewalk section. City Council Meeting Minutes January 9, 1996 Page 5 of 6 Pages Motion by Hoyt, second by Tonn to approve the bid award to Dayco Construction. Approved 6-0. CC Consideration of approval of a change order to the agreement between the City of Georgetown and J. C. Evans Construction to construct the extension of the wastewater line on Serenada Drive, Luna Trail, Halmar Cover, and several residences on Toledo Trail, in the amount of $174,540.00/Jim Briggs Briggs explained that this change order was prompted by requests of homeowners in the area to connect to the City's wastewater system. He said that after doing a feasibility study of the funds available for this type of project, it was decided to proceed. The City received an 85 % favorable response rate from the residents in the area that were surveyed. Tonn asked and was told that these additions would not adversely affect the capacity of the line. Briggs told Council that approximately 1200 taps had been added into the study for capacity in anticipation of these property owners connecting to the service. He said the sections of Serenada that are being included are those that will be able to gravity into the line without great expense. Motion by Bain, second by Curl to approve the change order. Approved 6-0. DD Georgetown/Round Rock Pipeline License Agreement/Marianne Banks Banks explained that this item was on the agenda to ask the Council for formal approval. She said the pipeline is already under construction. Motion by Vincent, second by Curl to approve the Agreement with the City of Round Rock. Approved 6-0. Recessed Regular Session for Executive Session. at 8:10 p.m. 8:50 p.m. Resumed Regular Session There was no action taken on Executive Session Items. Approved: Leo Wood, Mayor City Council Meeting Minutes January 9, 1996 Page 6 of 6 Pages The meeting was adjourned 8:51 p.m. Attest: Sandra D. Lee, City Secretary Council meeting date: January 23, 1996 Item No. AGENDA ITEM COVER SHEET L SUBJECT Purchase of property from Sierra Microwave Technology, Inc. for construction of improvements to be leased to Reedholm Instruments Co. ITEM SUMMARY The City will purchase Lot 4 of GEORGETOWN TECHNOLOGY PARK from Sierra Microwave Technology for $53,354.48. Closing on the purchase is scheduled for January 25, 1996. The City will construct a 7,500 square foot building on this property to be leased to Reedholm Instrument Company for 20 years at a monthly lease payment of $1,632.00. SPECIAL CONSIDERATIONS FINANCIAL IMPACT ATTACHMENTS Submitted By: ` Marianne Landers Banks, City Attorney Council meeting date: January 23, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Community and business agreement and lease with Reedholm Instruments Co. for construction and development of a manufacturing facility ITEM SUMMARY This facility will be located within Georgetown Technology Park,near the Sierra Microwave facility. This is a 20-year lease agreement between the City and Reedholm Instrument Company to begin December 21, 1995 and continue through December 20, 2015. Reedholm has the option to purchase the property after 5 years. As a result of contract with Texas Capital Fund, a minimum of 18 jobs will be created in conjunction with this project. SPECIAL CONSIDERATIONS FINANCIAL IMPACT The Texas Department of Housing and Community Affairs has approved funding for this project under the Texas Capital Fund Program. The City will construct a 7,500 square foot building at a cost of $323,000 to be used as the leased premises. Monthly lease payment by Reedholm to the City will be $1,632.00 for the entire term of the lease. ATTACHMENTS Proposed Lease Agreement (to be provided after approval of draft by legal counsel for Reedholm) S itted By: Marianne Landers Banks, City Attorney Council meeting date: January 23, 1996 Item No. AGENDA ITEM COVER SHEET 0 SUBJECT Purchase of property from Sierra Microwave Technology, Inc. for construction of improvements to be leased to Advanced Cable Services, L.P. ITEM SUMMARY The City will purchase Lot 5 of GEORGETOWN TECHNOLOGY PARK from Sierra Microwave Technology for $38,354.00. Closing on the purchase is scheduled for February 28, 1996. The City will construct a 9,300 square foot building on this property to be leased to Advanced Cable Services, L.P. for 20 years at a monthly lease payment of $1944.79. SPECIAL CONSIDERATIONS FINANCIAL IMPACT ATTACHMENTS Submitted By: lv� arianne Landers Banks, City Attorney Council meeting date: January 23, 1996 Item No. 0 AGENDA ITEM COVER SHEET SUBJECT Community and business agreement and lease with Advanced Cable Services, L.P. to provide real estate improvements in the form of a building to allow Advanced Cable Services, L.P. to expand its telecommunications/CATV industry operations in the City of Georgetown. ITEM SUMMARY This facility will be located within Georgetown Technology Park near the Sierra Microwave facility. This is a 20-year lease between the City and Advanced Cable Services, L.P. to begin July 1, 1997 and continue through June 30, 2017. Advanced Cable has the option to purchase the property after 5 years. As a result of contract with Texas Capital Fund, a minimum of 25 full-time jobs will be created in conjunction with this project. SPECIAL CONSIDERATIONS FINANCIAL IMPACT The Texas Department of Housing and Community Affairs has approved funding for this project under the Texas Capital Fund Program. The City will construct a 9,300 square foot building at a cost of $466,750 to be used as the leased premises. Monthly lease payment by Advanced Cable to the City will be $1,944.79 for the entire term of the lease. ATTACHMENTS Proposed Lease Agreement (to be provided after approval of draft by legal counsel for Advanced Cable) Submitted By: Marianne Landers Banks, City Attorney Council meetingdate: 1-23-96 P Item No. AGENDA ITEM COVER SHEET SUBJECT Consideration of the award of grant administration services to the Institute for Finance and Economic Development and authorizing the staff to negotiate a contract for services for administration of the Capital Fund Grant on behalf of Advanced Cable Services. ITEM SUMMARY Contract administration proposals were solicited, both through advertising and through contacting six firms, requesting proposals. The City received one proposal from the Institute for Finance and Economic Development. The firm is represented by Linda Dane, who has done prior work with the City. The staff recommends the approval of the award to the Institute for Finance and Economic Development and recommends approval to authorize the staff to negotiate a contract. The contract will be brought back at a future Council Meeting for consideration. ATTACHMENTS None Submitted by: (D /12 -1— Bob Hart, City Manager Council Meeting Date: January 23, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider award of annual bid for stationery and business cards to Copy Right in the estimated amount of $18, 340.00. ITEM SUMMARY Bids were received to provide the City with the printing of stationery, envelopes and business cards for a one year period. The staff recommendation is to award this bid the overall low bidder, Copy Right of Georgetown. As a result of the increased usage of these items, this is the first year we have been required to solicit bids formally. Copy Right has performed most of the printing for stationery and business cards in the past and has always performed up to expectations. This particular bid. is recommended for award as an all or none bid in order to maintain consistency in color and printing. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid is $18,340.00. Funds are budgeted for this expenditure in the individual department accounts. 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 Bid Tabulation Bid # 96012 Stationery & Business Cards Estimated ' QuaLrtit Descries Copy Right Yearly Totals Roberts Yearly Totals 5 Box of 500 sheets Municipal Ct. Letterhead Stationery box 54.00 270.00 box 40.87 204.35 10 Box of 500 sheets City Letterhead Stationery box 54.00 540.00 box 40.87 408.70 5 Box of 500 sheets Library Letterhead Stationery box 54.00 270.00 box 40.87 204.35 5 Box of 500 sheets Police Services Letterhead Stationery box 54.00 270.00 box 40.87 204.35 16 Box of 500 sheets Convention & Vis. Bureau Letterhead Stationery box 64.00 864.00 box 40.87 653.92 7 Box of 500 sheets City Hall Letterhead Stationery box 54.00 378.00 box 40.87 286.09 5 Box of 500 sheets Human Resources Letterhead Stationery box 6.4.00 270.00 box 40.87 204.35 7 Box of 500 sheets Fire Services Letterhead Stationery box 54.00 378.00 box 40.87 286.09 3 Box of 500 sheets City Attorney Letterhead Stationery box 54.00 162.00 box 40.87 122.61 8 Box of 500 sheets Community Services Letterhead Stationery box 54.00 432.00 box 40.87 326.96 6 Box of 500 sheets Deve4ment Services Letterhead Stationery box 54.00 324.00 box 40.87 245.22 9 Box of 500 sheets Community Owned Utilities Letterhead Stationery box 54.00 486.00 box 40.87 367.83 6 Box of 500 sheets Finance Letterhead Stationery box 54.00 324.00 box 40.87 245.22 9 Box of 500 sheets Utility Office Letterhead Stationery box 54.00 486.00 box 40.87 367.83 4 Box of 500 sheets Parks & Recreation Letterhead Stationery box 54.00 216.00 box 40.87 163.48 34 Pad of 50 sheets City Letterhead Notepad pad 6.00 204.00 pad 4.80 163.20 40 Ream of 500 sheets second sheets box 14.00 560.00 box 11.71 468.40 7 Box of 500 Municipal Ct. Letterhead #10 Envelopes box 64.00 448.00 box 52.50 367.50 10 Box of 500 City Letterhead #10 Envelopes box 64.00 640.00 box 40.87 408.70 5 Box of 500 Library Letterhead #10 Envelopes box 64.00 320.00 box 40.87 204.35 5 Box of 500 Police Services Letterhead #10 Envelopes box 64.00 320.00 box 40.87 204.35 12 Box of 500 Convention & Vis. Bureau Letterhead #10 Envelopes box 64.00 768.00 box 40.87 490.44 7 Box of 500 City Hall Letterhead #10 Envelopes box 64.00 448.00 box 40.87 286.09 5 Box of 500 Human Resources Letterhead #10 Envelopes box 64.00 320.00 box 40.87 204.35 9 Box of 500 Fire Services Letterhead #10 Envelopes box 64.00 576.00 box 40.87 367.83 4 Box of 500 City Attorney Letterhead #10 Envelopes box 64.00 256.00 box 40.87 163.48 8 Box of 500 Community Services Letterhead #10 Envelopes box 64.00 512.00 box 40.87 326.96 6 Box of 500 Development Services Letterhead #10 Envelopes box 64.00 384.00 box 40.87 245.22 4 Box of 500 Community Owned Utilities Letterhead #10 Envelopes box 64.00 256.00 box 40.87 163.48 6 Box of 500 Finance Letterhead #10 Envelopes box 64.00 384.00 box 40.87 245.22 11 Box of 500 Utility Office Letterhead #10 Envelopes box 64.00 704.00 box 40.87 449.57 4 Box of 500 Parks & Recreation Letterhead #10 Envelopes box 64.00 256.00 box 40.87 163.48 47 Pk9 of 50 small Letterhead Envelopes for notepeds pkg 8.00 376.00 pkg 12.50 587.50 25 Box of 500 Window City Letterhead Envelopes box 45.00 1,125.00 box 40.50 1,012.50 5 Box of 500 Window Municipal Ct. Letterhead Envelopes box 45.00 225.00 box 45.72 228.60 78 Box of 500 Business Cards box 46.00 3,588.00 box 96.00 7,488.00 78 Box of 500 Business Cards discount for four or more sets at a time. box 40.00 3,120.00 box 48.00 3,744.00 total w/business cards 18,340.00 q-- total w/business cards 18,530.57 Arrow indicates Low Bidder No Bid: Heritage Printing DetaBank Council Meeting Date: January 23, 1996 Item No. S AGENDA ITEM COVER SHEET SUBJECT Consider an award of a two-year bid for employee uniforms to Unifirst in the estimated annual amount of $23,816.00. ITEM SUMMARY Bids were received for furnishing uniforms and related cleaning services for City employees for a two-year period. The staff recommendation is to award this bid to the low bidder meeting specifications, Unifirst of Austin. The City has been utilizing Unifirst for uniform service for the past two years and they have been consistently reliable and responsive to our requests. During the past ten years we have contracted with four different uniform companies and Unifirst has proven to be superior in all aspects. National Uniforms submitted a bid which appears to be lower, however after close review we discovered several areas of concern. The first concern is that National has been unable to submit to us the $40,000.00 performance bond required for this bid. Our second concern is with the fact that we contracted with National approximately six years ago and their service was terrible, which lead to a termination of the contract. Finally, our primary concern is that the references that were given to us by National have not had good things to say about their service. As a result of our findings, staff is recommending that the bid from National Uniform be rejected. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid is $23,816.00 annually. Funds are budgeted in the individual department uniform accounts. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. Bid tabulation 2. Department breakdown of uniform costs Submitted By: c7itL)2`_O_ Terry Jones, Susan Morgan Purchasing Director Director of Finance & Administration s UNIFORM SERVICE 1 BID NO. 96010 NATIONAL ** DESCRIPTION UNIFIRST * UNIFORMS 1 Shirts - 100% cotton Long sleeve EA 0.55 0.40 Short sleeve EA 0.55 0.40 2 Shirts - 65/35 poly/cotton , long and EA 0.40 0.40 short sleeve 3 Work pants-100% cotton denin EA 0.85 0.65 100% khaki EA 0.85 0.65 4 Work pants - poly/cotton EA 0.55 0.50 5 Five (5) changes of uniform - EA 4.75 4.50 shirt and pants poly/cotton 6 Five (5) changes of uniform - EA 7.00 5.25 shirt and pants 100% cotton 7 Five (5) changes of uniform - EA 6.25 5.25 shirt - poly/cotton pants - 100% cotton 8 Five (5) changes of uniform - EA 5.50 4.50 shirt - 100% cotton pants - poly/cotton 9 Additional charges: Environmental charge per week NA NA Preparation charge EA NA 0.50 * Low Bid *" Bid Rejected No Bid: Martin Linen Texas Uniform Service Chuck Howley Uniform Mission Uniform Towne Cleaners CINTAS G&K SERV. ARAMARK 0.80 0.75 0.70 NB NB 0.70 0.45 0.48 0.38 0.63 0.80 NB NB 0.75 1.05 0.55 0.47 0.57 5.00 4.75 4.75 7.15 7.75 8.75 5.40 6.40 7.15 6.75 6.10 6.35 NA NA NA NA 1.00 NA DEPARTMENT # EMP. Street 13 Parks 9 Inspection 2 Customer sere. 4 Warehouse 1 Pump 5 Pump 2 Water & WW 10 Water & WW 1 Electric 12 Landfill 3 Fac. Maint. 1 Shop 4 Bldg. Insp. 5 UNIFORM Poly shirts/cotton pants Poly shirts/cotton pants Poly shirts/cotton pants Poly shirts/cotton pants Poly shirts/poly pants Poly shirts/cotton pants Cotton shirts/cotton pants Poly shirts/cotton pants Poly Shirt/Poly pants Cotton shirts/cotton pants Poly shirts/poly pants Poly shirts/poly pants Cotton shirts/cotton pants Cotton shirts/cotton pants WEEKLY WEEKLY COST COST (EACH) (DEPT) YRLY COST 6.25 81.25 4212.26 6.25 56.25 2925.00 6.25 12.50 650.00 6.25 25.00 1300.00 4.75 4.75 247.00 6.25 31.25 1625.00 7.00 14.00 728.00 6.25 62.50 3250.00 4.75 4.75 247.00 7.00 84.00 4368.00 4.75 14.25 741.00 4.75 4.75 247.00 7.00 28.00 1456.00 7.00 35.00 1820.00 TOTAL 23816.26 Council meeting date: January 23.. 1996 Item No. TO AGENDA ITEM COVER SHEET SUBJECT Abandonment of the City's interest in right of way designated in a development agreement for River Oaks Drive within River Oaks Office Park Subdivision. ITEM SUMMARY In 1986, a the City entered into a development agreement with Walter Carrington for the development of River Oaks Office Park. As a part of that agreement the developer agreed to dedicate a sixty foot (60') public right of way for the extension of River Oaks Drive. The right of way was never formally dedicated, however the development agreement is filed of record. The current owner has requested that the City abandon the City's interest in the right of way as stated in development agreement. When the final plat for River Oaks - I.H. 35 Business Park is approved, the owners will dedicate the right of way for the proposed new road, River Oaks Cove. This Preliminary Plat was approved by the Council on January 9, 1996, and the owners anticipate the final plat will be brought to the Council in August 1996. SPECIAL CONSIDERATIONS FINANCIAL IMPACT CITY ATTORNEY ATTACHMENTS Copy of Current Preliminary Plat Copy of Development Agreement Submitted By: -Marianne Landers Banks, City Attorney _ DEVELOPME14T AGREEMENT mac' } 97 _ This Agreement entered into on the /.l'1 day of 1986 between the City of Georgetown ( "City") and Walter R. Carrington ( "Developer") and is as follows: _ WHEREAS, Developer is the owner of approximately 21.26 acres of land located in Williamson County, Texas, more particularly - described on Exhibit "A" attached hereto ("Land"); and WHEREAS, as of the date of this A greement the Land is _ located within the extraterritorial jurisdiction of the City; and . WHEREAS a ' , preliminary and final plat of the Land entitled Office Georgetown "RiverOaks of Geor q Park" was approved by the City `. � '♦ f/.rt f, ,. Council of the City subject to certain 1 ! ter. ��, 4 comments and requirements agreed to by the Developer • and -. _ WHEREAS, Developer and City desire to set forth the . requirement regarding the dedication of right-of-way agreed upon by the Developer in writing: - NOW THEREFORE, Developer and City, for and in consideration .. of the mutual Covenants and A greements and other good and valuable consideration in hand paid the receipt of which is ' hereby acknowledged, hereby covenant and agree as follows: _ ,. 1) Right -of -Way Dedication. a. Developer agrees to dedicate by separate :-= - °:.� '.-•; ��::';�, :;; ;� instrument a sixty foot (60' ) public right-of-way ,*..:,�,c•; :_<.� �`• ��,-:�:-.�!:�{:-_ry: ("ROW") connecting with the north boundary of the existing access easement on the south side of the Land . and extending south to north across the land. The '. approximate location of the ROW is shown and more particularly described on Exhibit A attached hereto. The alignment of this ROW may be charged by the Developer with the consent of the City and such consent shall not be unreasonably withheld. This ROW shall be _ cecicazed and raved according to normal City standards in effect as of the date of this agreement. Said dedication and paving limited to a width of thirty feet (J0') will occur at such time as a final plat of the 4 •. �.:;�: ..}": '1.. ,:r:•' ":.I.�t :�- ( is S -, approved and recorded, a public right-of-way has been dedicated on the plat and is shown to connect to the ROW on the Land and extend northward connecting to Highway 81, and construction of the improvements on said right-of-way has commenced. b. City agrees that when the Interstate 35 access .road adjacent to the Land has been constructed and opened, driveways have been approved for access to the Land by the T.D.H.P.T., and a sworn affidavit by the then owners of the Land and the City has been filed in ' the Williamson County Deed Records stating that these events have occurred, then 1) the ROW if dedicated shall revert back to the then owner of Land and the City shall give the necessary approvals for the vacation of the ROW, and this Agreement shall automatically terminate and be of no further force or effect, or 2) if the ROW has not been dedicated as of the date of the affidavit then this Agreement shall automatically terminate and be of no further force or effect. 6. Miscellaneous. a. This Agreement shall be binding upon the parties, their respective heirs, successors and assigns. b. This Agreement may not be amended or modified except with the consent of all of the then owners of the Land and a majority of the members of the City Council of City at the time of said amendment or modification, or such other body as may succeed them if such body ceases to exist. C. This Agreement shall remain in full force and effect until March 1, 2016 unless ot'ner.:ise amended or terminated. EXECUTED this /-�� day of C C/''✓!,( (�� 1986. Waiter R. Carrington 60' ROAD R.O.W. PAGE 2 THENCE, 329.82 feet along the arc of said curve (Delta = 57 151540, Radius = 330.00 feet, Tangent = 180.16 feet, Chord = North 41 45147" East, 316.26 feet) to a point of tangency; THENCE. North 70023144' East, a distance of 205.87 feet to the beginning of a curve to the left; TH§NCE, 300.00 feet along the are of said cu ve (Delta = 48 25'100, Radius = 355.00 feet, Tangent = 159.62 eet, Chord = North 46 11'09" East, 291.16 feet) to the point of tangency; THENCE, North 21058135" East, a distance of 127.74 feet to a point, same being in the line common to said 48.95 acre tract and said tract recorded in Volume 1219, Page 341; THENCE, South 200311251 East, along said common line, a distance of 88.81 fee.t to the POINT OF BEGINNING and containing a computed area of 1.46 acres of land. Compiled by: MUDD i ASSOCIATES, INC. 1507 South IH-35 Austin, Texas 78741 512/441-6702 Job No. 85-06-52 February, 1986 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED . on the date and at the time stamped hereon by me: and was duly RECORDED, in the Volume and Page of the named RECORDS of Williamson . County, Texas, as stamped hereon by M on JUN 2 61986 s COUNTY CLERK ''�• ��` ' :14.LL !AMSON COUNTY, TEXAS G� Tl G A.0. 1 TZ FIELD NOTES 60' ROAD R.O.W. 1.46 ACRES J.B. PULSIFER SURVEY NO. 36 WILLIAMSON COUNTY, TEXAS Being a 1.46 acre tract of land situated in the J.B. Pulsifer Survey No. 36, Williamson County, Texas; said 1.46 acre tract being further described as a portion of that certain 48.95 acre tract described as TRACT TWO by Warranty Deed recorded in Volume 711, Page 489, Williamson County Deed Records; said 1.46 acre tract being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of said Pulsifer Survey, same being the southwest corner of the Nicholas Porter Survey No. 26, Williamson County, Texas; THENCE, North 190281250 West, along the line common to said surveys, a distance of 728.49 feet to an iron pin found at a fence corner, same being an -interior corner of said 48.95 acre tract and the southwest corner of that certain tract of land recorded in Volume 1219, Page 341, Williamson County Deed Records and the POINT OF BEGINNING; THENCE, South 21°58'35• West, a distance of 62.26 feet -to the beginning of a curve to the right; THENCE, 350.71 feet along the arc of said curve (Delta = 48 2511001 Radius - 415.00 fact, Tangent-•186.59 feet, Chord = South 46 11'09" West, 340.36 feet) to the point of tangency; THENCE, South 70023144• West, a distance of 205.87 feet to the beginning of a compound curve to the left; THENCE, 271.75 feet along the arc of said curve (Delta - G �J .*. Z 57 39159•d Radius - 270.00 feet, Tangent = 148.64 feet, Chord - South 41 3'3144• Went, 260.42 feet) to the ,b curvature; point of compound THENCE, 134.61 fact along the arc of said curve (Delta = G tJo. 3 01 26'110, Radius - 5369.58 feet, Tangent - 67.31 feet, Chord - South 16 13138' Went, 134.60•feet) to a point; THENCE, South 440111430 West,, a distance of 1.55 feet to a 7 3 point, same being in the northerly line of a 60 foot access easement to Riveroaks Drive as shown on plat of record recorded in Cabinet D,'Slides 319-320, Williamson County Plat Records; THENCE, North 74031100• Went, along said northerly line, a i distance of 59.25 feet to a point, same being in the easterly right-of-way line of Interstate Highway 35 (600 feet 'wide at this point); THENCE, departing said northerly line and along said easterly line, 135.42 feet alcng the arc of a compound curve to the right L c• 4, (Delta - 01 25'44'6 Radius = 5429.58 feet, Tangent = 67.70 feet, Chord - North 16 1231" East, 135.39 feet) to the point of compound curvature; w4r lstJ jU .� EXHIBIT _ RIVEROAKS OF _ GEORGETOWN OFFICE PARK TO DEVELOPMENT 1, _ ti _• AGREEMENT JlGck.S% CS"% i . j Q►v.,caot. S' va¢�1 ¢. *• a�a•Ity. o.sr,tict -1 (N P012 OF I K'S FLW1-), RA-.uS cNt T" CURSE CLTL _ 1 �6Y�i3' c�•I. 6a.T0 1 :EIT. , T'- -'-1 c M62 3T is•1 a).b4 CtiGRc • -J �r�•Di• �c'r a7.08 ..1�.C2•C_• �I••S•_7le•r�� .0641 SI-•jT•1'`•.17E.3� G iTd• • ».13 ' �. A4•� ' �r—.O=•�'! 3i>t.60 Ies.Tc:y/ :0•rN•f:K j,�a•)L a am3T• 33•• bo.» Q� � •� ,a.:. r yrf• at• ,7• d soa. 34 1 ,� •�•L�'— � " T;�r%-3 F Se s• l j' ir•w 98.02 :.iR.CS.%::.--I C. i +1 .= i . ^' � • � �.• � • .rJ. /�*' +� +tC•iI•:�Thw G'1 �urT �•�. APPROXIINATE ROADWAY \ �• ' � � `�w ~ > `% ALIGNMENT N • �' EXACTALIGNMENT t J i /�� •� • 1 I' �TO BE DETERMINED ` ' � «� / ��� � t0al•t LOT • _ :� I.� 6 ACRES ,.h -.�•� 1 Cb VOL 'II PGS. 4t%9-493 -' `� •-' i" l::ru.>,►s � 1 C. • f w' \ I i�• 7� 04 �� •h •a .� ', � l • s�uar..c 1 � �. 1 �•�1 r s .c* �� �►.� •� `+ 11� bill• , �O •� OTT OF GLOR-3LTOww • OTT LIYIIT ; \ ` 1 ` �••,�•0 ►u[ /; �,:' . � •�♦1.1-'T1•� 1 LO SATION MAP I , • 2000' d P e w INTERESTS I I VOL. am PG.341 x IZ A J O -s •�. � Y.1.-1•.• r-rN. W .Y 1• M .-•..-. Mr•Y.M /V 1 .• Y ..N. -T�NiM • •r Y-.N.•� 1. N �....N• ' •` �� �� • IRON SIN FOuNO • • IRON PIN SET 1 . �� � � i ►O�FR •Gl£ � O• \ •�J� \ e.43' ACHES I•• I •'\ J'1J•cS' •Yc Jf�r FINAL PL AT -• I. • .••�? , .,.•. .-:• •CC' .x Ort.r�JSI,e(1�/KCn. ,.y,Ew A :ar.+11/.MTOa corKtir NOTE r.E 6iARu.:S 3-1. --.5 A:STIN TLJAS 76r31 ••mil WEN .17.6rCL. rK SWEET I Mudd & A ssociates, Inc. 1 r �:.! _.•�'. r.. :S J_/!.q .•�.�. .•Yl11 /+rI•rry •iIl. JJ, O` - ncrf 2 •.'-`. ` `s,:: ,'-:::;ter-:::.--�?_�:�:?; EXECUTED this day of , 1986 CITY OF GEORGET j By: imi COLB= y MAYOR THE STATE OF TEXAS § COUNTY OF TRAVIS § !Zhis, instrument was acknowledged before me on this day of C' , 1986, by Walter Carrington. •'' Notary Public in and for ..' -• the State of Texas PC • (Name -Typed or Printed) My Commission Expires: THE STATE OF TEXAS § COUNTY OF TRAVIS $ This instrument was acknowledged before me on this '��_• day of %!-; *, , 1986, by Jim • Colbert• , mayor of Georgetown, - on behalf of the City of Georgetown- . / - � .. •,� '. ice. is r. Notary Public in and. zivr the State of Texas (Name Typed I or My Commission Expires:. '• Js` '.= 6-286.7 3-21-86 Ift ,m 4-1-86 VD1 137 RiVEROAKS OF TO EXHIBIT „L1, DEVELOP • .» ..: • I...: t:.: GEORGETOWN OFFICE PARK AGREEMENT MENT - it • .� irJ�l� P� of 7�'� pf �-.—_�' xtt1i•�- i•:.r�. tiio.r. r'•• Ci- • jo�tcrSL csn% . T- Q•v=��s..,rir.rr prlr Wd IOa i.i7.o, ty me.7/ 1 . �= t•O!'•! '••l•>'a �It ta,w •/ v.e•t�L • a/a••a' tr• �a.tt • C i_ 7•a •�_r.�y �o; •�.Lyr�11��•l.•4•1•I/t.IL a ►7f•1r sl•. to.as i �,.�� �' ,•• • I.7 /� l is t• t 1• a a•r N.43 t+•t*n :.•�•ury a• r " '_�•' 1 0. t`I �� ��,•��•.� gut• s ut"U" cat 1461��� • ti `.., V4 I • APPROXIMATE ROAOrrltr \� ' tI• !�S •• j AUGNMENT R '• ••,. • •••• •.�. EXACTAl16NUENT L\`••�•l�t ••. . ' t TO BE OCTERM111CO -``.. aw 1 LOT ' ZU66 ACRES r s (, .%, ,,. �, _ C' VOL 711 PGS.409-493 e1 �•' �r ".w.rw .tL C It- � J SO v Y ' 1 •' • • ,. . 1 .s r l.r • • ••1 , . If r ... .. • •• lD ;ATION MAP • • S ti }, P o or ..rcltclTl i i ; j •, Vol. lift Ft.3N I . :m J. r.....-r �• �rwY M ....:....��.�• I ..� • • Im•p�•• I n •'• T /�7"7q • , t • • NO• M• /OV•ll `• `'' _ _ t •Orf • �Ol •%% Ol1a«a0l to:trC.l ar.(A p� t .� �.g FINAL PLAT ow.••t..rt•rL•I. .;,. rl. a twAf•o► Co..,., WTEr 1-4 It•4-t a •-.t 0•41 f•.. 1. .''.•. ,�tY f ••••. ••• •fl• •{ • r� •.. �• . •.rtlw.It,••. hfat ttl•t PIMA !Lt`•'narl 1•. 1+ • - l.7all• Mudd b Asso6ves. kr— ' 1 •NY•:n.• f• ?l art I••� />/If f••w•.• ••f1, •./•rN Q _ 3'rl AM I oil SCALL 1 / C/. i / /' I ' ` ii �1.' a�\ i may- a •' I I �r 1 r ��y' `// � / r // rl, � �' � ! If�u� `\ C, 'qa/!P� r '%. '''.i11' . ! � f l �'".r' 1/ �• i ' 1„ �m�sb/, !lam ilDricta i r .Y ,: 7• 13: ol� � � /: -;'T r � � •�J�`�' �•� / f/l'� /•/i�./� I z1 f ! , ,: A ' f / I / �) `'/ / 1 f/ ♦+% !ti q. i ' i-,� v" a '''a. !.� � ��1 ♦ •O�c.� � t 1 ��a.v Y� �� — ��— — _�1_ J � �j�'�,f 11 t 678 �" '� /[ ///. • � �,. • / / �� iff � � -FORK S8T31'2U W AN 539.14' G A 1K1' i CL ■ Q`, !/ 1// o!'y %¢37rrSy11 - `.1'1 / % v1 — _ 8R // ! ., � ITT lA� ,.-lY •�. /i / ''� `_. Sri. _ `� �^�'j , 0106 .. .; • /� ! I!la i'�� �. 'YI/(l1 t�'-�. . �� �►.�..�-'= • �'%r /T .,Y- • _ - — ,•s.+ ...-w��r�-T r �I f -1 'rr/ /�' S�. ••'/ �QO� __-�7A-se r:_� />c� /._. Il N N\ .M ..n • -�. ... .~i. .. .%'.��� l ' / � I r / I !:G�'y -sdii.- .1' �.�:.:..�! i�_.r'i; :^ �• 7.64 r :'��,�7•�. � I �l��/II� �rl�,!j - ,�.���yit - y�y� / , 1, • - 1 . 3T I1 • ��'' 1 Ir' r / 1,/! r '•/ . - /, • .� Y '✓•��^ J� -!. .• :1W rw �EA aY R . a�xa 0119QIY1� I. �� 3s.Y, ; ',;/ ,.�,, • sq•-•_ •-- CA& a euoea 318.320 Preliminary Plat for River Oaks — I.H. 35 Business Park Council meeting date: January 23, 1995 AGENDA ITEM COVER SHEET Item No. I j SUBJECT Consideration of parkland dedication located within River Oaks - IH 35 Business Park. ITEM SUMMARY 1994 Land Fund II - Dallas I, L.P. is the owner of the 21.26 acres located north of the Wal-Mart/HEB tract. The City Council approved the preliminary plat of River Oaks - IH 35 Business Park on January 9, 1996. On this plat, the owner has designated 4.66 acres of river frontage that they would like to dedicate to the City for use as parkland. It is denoted on the preliminary plat as Lot 11. The Parks Board recommended unanimously that the City accept this donation. SPECIAL CONSIDERATIONS FINANCIAL IMPACT CITY ATTORNEY ATTACHMENTS Copy of Preliminary Plat (Lot 11 highlighted) S bmitted By: `' Marianne Landers Banks, City Attorney . .Z WV . . tit 0, is 100 1-4 CUA VIP cr tic of 41 I AN 10"Mn got Preliminary Plat for rw h River Oaks .551 Business Park MIN OAKS ou DIVISION CAI 0. Ed 318-320 Council meeting January 23, 1996 Item No. AGENDA ITEM COVER SHEET v SUBJECT: Consideration of a Resolution to authorize an Abandonment of a portion of a Drainage Easement located along the east property line of Lot 31, Block A, Berry Creek Subdivision, Section Nine, Phase Three, located at 30407 La Quinta Drive ITEM SUMMARY: The Director of Community Owned Utilities has agreed to allow an Abandonment of a portion of a Drainage Easement located along La Quinta Drive as illustrated in Exhibit 1. This request is being made to allow the storm sewer line to take a more direct route to the existing drainage channel east of Lot 31. On December 12, the City Council approved a request for a variance to reduce the eastern side building line from 35 feet to a minimum of ten (10) feet, but anything more if it is required, provided the applicant submit construction plans that show an abandonment of the existing pipe, its relocation to the eastern lot line, and provide a five (5) foot easement beyond the outside edge of the pipe. The applicant has submitted the required construction plans and staff has determined that a minimum 15 foot drainage easement and setback line is required along the east property line. In addition, a 25 foot drainage easement will be required coincident with a portion of the front yard setback. These easements will contain and establish a 15 foot east side setback, the relocated drainage pipe and the existing drainage channel. SPECIAL CONSIDERATIONS: The variance approved by the City Council in December 1995 stipulated that the staff should determine the appropriate setback required on the east property line. Based on the Community Owned Utilities Division's recommendation regarding the drainage easement, staff recommends the east setback to be established at 15 feet from the property line. FINANCIAL IMPACT: None. RECOMMENDED MOTION: Unless otherwise stated, the City Council's action on this item will approve the requested Abandonment of a Drainage Easement in accordance with the recommendation of the Director of Community Owned Utilities. ATTACHMENTS: Exhibit 1 Resolution Submitted By: Edward arry, AIC -Director Divisio of Develop nt Services Hildy L. Ki gma, AICP Chief Planner RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETO WN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO VACATE AND ABANDON A PORTION OF A DRAINAGE EASEMENT LOCATED ON THE EAST SIDE PROPERTY LINE OF LOT 31, 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 30407 LA QUINTA DRIVE. WHEREAS, the City of Georgetown has received an Application for the Vacation and Abandonment of a portion of a Drainage Easement located on the east side property line of Lot 31, 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 30407 La Quinta Drive; and WHEREAS, upon considering the Application and additional information pertaining to the Application, the City Council now finds that there are no utilities existing in the easements and that the utility companies serving the area including and surrounding the easements have determined that there exists no present or foreseeable need for the easements. 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 finds that this action implements the following policies of the Century Plan - Policy Plan: 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. 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 on the environment. " The City Council has found that this action is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Abandon - Berry Creek, Sec. Nine, Phase Three, Blk A, Lot 31 Resolution No. Pagel of 2 Policy Plan. SECTION 2. The Mayor is hereby authorized to execute, on behalf of the City of Georgetown, a Quit Claim Deed to Abandon a portion of a Drainage Easement located on the east side property line of Lot 31, 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 30407 La Quinta Drive, and the City Secretary to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By: Leo Wood City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Abandon - Berry Creek, Sec. Nine, Phase Three, Blk A, Lot 31 Resolution No. Page2 of 2 EXHIBIT A z5/&-/.76, ,LIVE -3/7 LOT 3 2 Cq LA QUINTA DRIVE rt ex is T. 2 / `QCf' + 74/. So 7'/RCP I /NC ET I I 40 an' xd cur, aazwoaA/ 1� LOT 31 p.L UG Ex/IMP :: c�uT�E T w� 0� AREA TO BE ABANDONED t C\ V �� COVRs� G0LF FL" EX/ST cWaAh /fl f 738. 95 CniVC. Q/P -R�j� /o'.dUE K/ .3/6 -317 vs8 0 cam;B , LOT 30 �z 15` DRAINAGE EASEMENT AND BUILDING LINE Z �t Council meeting _ January 23, 1996 Item No. AGENDA ITEM COVER SHEET uJ SUBJECT: Consideration of a Final Plat of a 2.922 acre tract in the Daniel Monroe Survey, to be known as the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -A; and variances to the Subdivision Regulations. ITEM SUMMARY: The proposed Neighborhood One -A consists of one (1) tract that is proposed for commercial use. The proposal complies with the plat content and design standards of the Subdivision Regulations. To ensure that the established utility capacities for this tract are reserved and not used by other utility customers within the Sun City development, the allowable square footage of mixed retail commercial use is indicated on the plat. This will guarantee that 31,581 square feet of mixed retail commercial floor area is allowed on this tract regardless of what changes are made to the utility capacity for the remainder of the Sun City area. This is necessary since this and other commercial lots may be owned and developed by entities other than the original developer of the subdivision. The proposed lot is adjacent to both Del Webb Boulevard and Sun City Boulevard. Both are classified as minor arterial streets. Therefore, access may be taken from either of the streets with only one (1) driveway. The requested variance to allow driveways onto both streets for the proposed corner lot is not contrary to the objective of the standard to minimize the number of driveways along a street since there will be few driveways and street intersections along Del Webb Boulevard and Sun City Boulevard. Therefore, a variance to this standard can be supported. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At its January 2, 1996, meeting, the Planning and Zoning Commission vote 6-0 to recommend approval of the Final Plat of the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -A provided the Technical Issue is addressed prior to City Council consideration. Recommend approval of a variance to Section 34020 F.2. to allow access to both Del Webb Boulevard and Sun City Boulevard for the proposed lot, after making the required findings of fact. Revised plats addressing the Technical Issue have been submitted to the City. 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 By: Edward arry, Al - Director Hildy L. ngma, AI P Divisio of Developlent Services Chief Planner FINAL PLAT OF A 2.922 ACRE TRACT IN THE DANIEL MONROE SURVEY, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN, PHASE 1, NEIGHBORHOOD ONE -A, LOCATED SOUTHWEST OF THE INTERSECTION OF DEL WEBB BOULEVARD AND SUN CITY BOULEVARD; AND VARIANCES TO THE SUBDIVISION REGULATIONS. OWNERS/APPLICANT: Mr. Robert Eck II, P.E. Director, Land Development Del Webb Development Company 203 South IH-35, Suite 100 Georgetown, Texas 78628 931-6900 FAX: 930-6776 AGENT: Mr. Scott 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 a 2.922 acre tract in the Daniel Monroe Survey, to be known as the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -A as recorded in Volume 2679, Page 744 of the Official Deed Records of Williamson County, Texas; and variances to the Subdivision Regulations. Existing Zoning: RP, Residential Planned (Rezoning to C-1, Local Commercial approved for First Reading) Proposed Use: One (1) commercial tract. ANALYSIS: The proposed Neighborhood One -A consists of one (1) tract that is proposed for commercial use. The proposal complies with the plat content and design standards of the Subdivision Regulations. SEE EXHIBIT C Final Plat - Sun City Georgetown, Phase 1, Neighborhood One -A January 17, 1996 #FP96-02/File:SCG_IA.FP Page 1 CM/CS This is one of the new commercial tracts that was proposed in the Second Revised Concept Plan for Sun City Georgetown that caused the review and revision of the Development Agreement and the utility capacity for the entire 5,300 acres of the Sun City development. The City determined that the addition of commercial acreage did not warrant a Century Plan amendment. The utility demand created by the additional commercial square footage can be accommodated in the total that was allowed for the entire 5,300 acres of Sun City. To ensure that the established utility capacities are reserved for this tract and not used by other utility customers within the Sun City development, the allowable square footage of mixed retail commercial use is indicated on the plat. This will guarantee that 31,581 square feet of mixed retail commercial floor area is allowed on this tract regardless of what changes are made to the utility capacity for the remainder of the Sun City area. This is necessary since this and other commercial lots may be owned and developed by entities other than the original developer of the subdivision. VARIANCE: Section 34020 F.2. Corner Lot Access The proposed lot has access to both Del Webb Boulevard and Sun City Boulevard. Both are classified as minor arterial streets. Therefore, access may be taken from either of the streets with only one (1) driveway. The reason for the access standard for corner lots is to limit the number of driveways near intersections. Presumably, there are several other driveways along the arterial streets in addition to the one on the corner lot. That is not the case in this request. The only other access points along Del Webb Boulevard and Sun City Boulevard, an approximately two (2) mile distance, are the collector streets that serve the residential areas and the village center complex and driveways to the park pavilion, fire station and entry house. All residences will front on either collector or local streets. The allowance of driveways onto both streets for the proposed corner lot is not contrary to the objective of the standard to minimize the number of driveways along a street. Given the Final Plat - Sun City Georgetown, Phase 1, Neighborhood One -A #FP96-02/File:SCG_1 A.FP CM/CS January 17, 1996 Page 2 level of control that the applicant has over the design of the entire development and the fact that no residences will front on the arterial streets, the additional access could be permitted provided a note is added to the plat to state that it is permitted by virtue of a variance. The proposed lot has adequate frontage to locate driveways while observing the minimum separation from the intersection of Del Webb Boulevard and Sun City Boulevard and also observe the separation from the collector streets to the south and west. 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 finds of fact as required by the Subdivision Regulations: 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. " 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." TECHNICAL ISSUE: The Subdivision Regulations require that the following Technical Issue is addressed prior to Planning and Zoning Commission consideration of this application. In order to assist the applicant, however, this application has been forwarded to the Planning and Zoning Commission prior to the completion of the Technical Issue. Therefore, this item must be addressed by February 2, Final Plat - Sun City Georgetown, Phase 1, Neighborhood One -A January 17, 1996 #FP96-02/File:SCG_IA.FP Page 3 CM/CS Council Meeting Date: January 23, 1996 Item No. Q AGENDA ITEM COVER SHEET SUBJECT Consider award of bid for the City Offices remodeling project to Austin Refrigeration in the amount of $52,256.00 for electrical installation, and to Airco Mechanical in the amount of $26,180.00 for HVAC installation. ITEM SUMMARY Bids were received to provide HVAC and electrical installations for the City Offices remodeling project. The staff recommendation is to award this bid to the low bidder for the HVAC work, Airco Mechanical of Austin and to the low bidder for the electrical installation, Austin Refrigeration of Georgetown. This project, which was approved in the 1995/96 budget, is being constructed by a similar method used to construct the Recreation Center. The City will act as the general contractor while setting up contracts with each individual subcontractor. By utilizing this method of construction, the City can ensure the use of local subcontractors to the greatest extent possible as well as speed up the completion of the project. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total amount of this bid for electrical work is $52,256.00. The construction estimate for electrical work is $53,000.00. Total amount of this bid for HVAC work is $26,180.00. The construction estimate for HVAC work is $30,000.00. $150,000.00 was budgeted for this project in account 500-405- 5602-40 Facilities Maintenance Building Improvements. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. Bid tabulation Submitted By: merry Jones, Purchasing Director Susan Morgan, Director of Finance & Administration BID TABULATION BID NO.96013 IIVAC.INSTALLATION BIDDER AMOUNT Airco Mechanical $26,180.00 Austin Refrigeration $285000.00 B&S Electric no response BID NO.96014 ELECTRICAL INSTALLATION IDDER AMOUNT Austin Refrigeration $52,256.00 Hill Electric $575495.00 B&S Electric no response 1995, or the application will be forwarded to the City Council with a recommendation for denial. Alternatively, the applicant has the opportunity to request a delay to the City Council's consideration of the application in order to complete the Technical Issue. 1. If the variance to allow access to both Sun City Boulevard and Del Webb Boulevard is approved, Note #15 shall be revised to state that access is permitted to both Del Webb Boulevard and Sun City Boulevard. Addressing this technical issue may be delayed until after the City Council's action on the request. STAFF RECONLVMNDATION: Approval of a Final Plat for the Planned unit Development of Sun City Georgetown, Phase 1, Neighborhood One -A provided the Technical Issue is addressed prior to City Council consideration. Approval of a variance to Section 34020 F.2. to allow access to both Del Webb Boulevard and Sun City Boulevard for the proposed lot after making the required findings of fact. P & Z ACTION: At its January 2, 1996, meeting, the Planning and Zoning Commission vote 6-0 to recommend approval of the Final Plat for the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -A provided the Technical Issue is addressed prior to City Council consideration. Recommend approval of a variance to Section 34020 F.2. to allow access to both Del Webb Boulevard and Sun City Boulevard for the proposed lot, after making the required findings of fact. Final Plat - Sun City Georgetown, Phase 1, Neighborhood One -A #FP96-02/File:SCG_ 1 A.FP CM/CS January 17, 1996 Page 4 Council meeting January 23, 1996 Item No. X AGENDA ITEM COVER SHEET SUBJECT: Consideration of a resolution to authorize a license to encroach into the public utility easement and drainage easement located along the west property line of Sun City Georgetown, Phase 1, Neighborhood One, Block 5, Lots 21 and 22. ITEM SUMMARY: The Community Owned Utilities Division has approved the proposal to encroach into the subject drainage easement as illustrated in Exhibit A. This request is being made to allow the proposed fence and wall surrounding the model homes. SPECIAL CONSIDERATIONS: None. FINANCIAL MWACT: None. COMMENTS: None ATTACHMENTS: Resolution Exhibit A Submitted Bv: if 616� Edward J Barry, AI - Director Division If Development Services Cl k�qA� r - Hildy L. leingma, 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 THE DEL WEBB CORPORATION, PERTAINING TO THE ENCROACHMENT OF A PROPOSED FENCE INTO THE DRAINAGE EASEMENT LOCATED ON THE COMMON PROPERTY LINE OF LOTS 21 AND 22 OF THE PLANNED UNIT DEVELOPMENT OF SUN CITY GEORGETOWN, PHASE 1, NEIGHBORHOOD ONE, AS RECORDED IN CABINET M, SLIDE 95-116 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 109 AND 111 OLD CHISOLM TRAIL; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the drainage easement; and WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulating, controlling, and governing encroachments; 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 the Del Webb Corporation to encroach into the drainage 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 the proposed manner. 2. That there are no utilities which would interfere with the utilization of the property in the proposed manner. 3. That the proposed structure is in such a manner that it would not be feasible to relocate it outside the drainage 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 compatible with other uses in the neighborhood; and Lots 21 and 22, The Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One Resolution No. Page 1 of 3 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 the proposed structure is in such a manner that it would not be feasible to relocate it outside the drainage easement constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicant 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 remove the part of the proposed structure that encroaches into the drainage easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicant. 3. The fact that the use of the easement area by the property owner does not interfere 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 applicant agrees 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;" and 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. Lots 21 and 22, The Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One Resolution No. Page 2 of 3 SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto on behalf of the City of Georgetown a License Agreement with the Del Webb Corporation, pertaining to the encroachment of a proposed fence located on Lots 21 and 22 of the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One, commonly known as 109 and 111 Old Chisolm Trail, into the drainage easement on the common property line. SECTION I This resolution shall be effective immediately upon adoption. RESOLVED this day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Lots 21 and 22, The Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One Resolution No. Page 3 of 3 EXHIBIT A 1� o YP. ) �6 c m 5' B N <Is co \.•�1�P•1 CD S,c r 8 W S 63-21-57 W 241. 24 7 _ vN" Z5' 8• �• S 3 � _A W 1�`15•�4 1 - �' s� o Ol �C s / �o,LD 8� •� o S� m LIP SP Z C. P% ✓5.00 � 20 yED FENCE J �il� So Council meeting January 23, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Preliminary Plat of a 5.96 acre tract in the Lewis Dyches Survey to be known as Pleasant Valley Estates, Phase One; and variances to the Subdivision Regulations. ITEM SUMMARY: The proposed Preliminary Plat for Phase One complies with the design standards of the Subdivision Regulations and the Concept Plan approved by the City Council on November 28, 1995. It contains 19 of the 36 lots proposed in the Concept Plan. Lot 1 of Block A and Lots 1 and 6 of Block C are back-to-back corner lots. It is the practice of the staff to recommend that the front yard building setback along the side street of such lots be reduced from 25 to 15 feet. Approval of a variance to allow this should be conditioned upon a note being placed on the plat to require access only from the side where the 25 foot front yard building setback is located. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At its January 2, 1996, meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of the Preliminary Plat of Pleasant Valley Estates, Phase One provided the Technical Issues are addressed prior to City Council consideration. Recommend approval of the requested variance to Table 34020 to allow a 15 foot front yard building setback along the side streets of Lot 1 of Block A and Lots 1 and 6 of Block C provided a note is added to the plat to state that access for these lots must be taken from the lot frontage with the 25 foot front yard setback, after making the required findings of fact. Revised plats addressing the Technical Issues have been received by the City. 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: Edward J. ry, AICP - Director Division f Developm nt Services f Hildy L. lagma, AICP Chief Planner PRELINIINARY PLAT OF A 5.96 ACRE TRACT IN THE LEWIS DYCHES SURVEY TO BE KNOWN AS PLEASANT VALLEY ESTATES, PHASE ONE, LOCATED ON GEORGETOWN VIEW LANE AND SUNRISE VALLEY LANE; AND VARIANCES TO THE SUBDIVISION REGULATIONS. OWNER/APPLICANT: Mr. Vincent L. Bove 2101 Wychwood Drive Austin, Texas 78746 328-9252 AGENT: Mr. Don Bizzell, P.E. Steger & Bizzell Engineering, Inc. P. O. Box 858 Georgetown, Texas 78627 863-4521 FAX 863-4523 REQUEST: Preliminary Plat of a 5.96 acre tract in the Lewis Dyches Survey to be known as Pleasant Valley Estates, Phase One, and recorded in Volume 613, Page 419 of the Official Deed Records of Williamson County, Texas; and variances to the Subdivision Regulations. Existing Zoning: This property is located outside the City limits so zoning does not apply. Proposed Use: 19 single family residential lots,. ANALYSIS: The proposed Preliminary Plat for Phase One complies with the design standards of the Subdivision Regulations and the Concept Plan approved by the City Council on November 28, 1995. It contains 19 of the 36 lots proposed in the Concept Plan. SEE EXHIBIT C One issue of the Preliminary Plat is that of the off -site stormwater detention pond. As mentioned in the Concept Plan report, the pond will have to be completed and drainage easements dedicated by a separate instrument prior to the recordation of the Final Plat for Phase One. Preliminary Plat - Pleasant Valley Estates, Phase One CP-96-02 / File:PLE_VL_1.PP CM/CS January 17, 1996 Page 1 VARIANCES: Table 34020 Front Yard Building Setback Lot 1 of Block A and Lots 1 and 6 of Block C are back-to-back corner lots. It is the practice of the staff to recommend that the front yard building setback along the side street of such lots be reduced from 25 to 15 feet. Approval of a variance to allow this should be conditioned upon a note being placed on the plat to require access only from the side where the 25 foot front yard building setback is located. If the applicant has the capability, this project can be expedited by providing an AutoCAD® ".DWG" file to the City showing lot lines, right-of-way lines, proposed water and wastewater lines and a plan view including the proposed service locations. The City will design the underground electrical system and provide the developer this design on an AutoCAD® file and a hard copy. This electric system design will be incorporated into the construction plans for this development. 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 finds of fact as required by the Subdivision Regulations: 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." 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 Preliminary Plat - Pleasant Valley Estates, Phase One CP-96-02 / File: PLE_VL_1.PP CM/CS January 17, 1996 Page 2 observed and substantial justice is done." TECHNICAL ISSUE: The Subdivision Regulations require that the following Technical Issues are addressed prior to Planning and Zoning Commission consideration of this application. In order to assist the applicant, however, this application has been forwarded to the Planning and Zoning Commission prior to the completion of the Technical Issues. Therefore, these items must be addressed by February 2, 1995, or the application will be forwarded to the City Council with a recommendation for denial. Alternatively, the applicant has the opportunity to request a delay to the City Council's consideration of the application in order to complete the Technical Issues. 1. A letter from the owner requesting annexation shall be submitted to the City. 2. If the variance is approved to allow the 15 foot building setback lines on Lot 1 of Block A and Lots 1 and 6 of Block C, a note requiring access to the side which has the 25 foot building setback line shall be added to the plat. STAFF RECOMMENDATION: Approval of the Preliminary Plat of Pleasant Valley Estates, Phase One provided the Technical Issues are addressed prior to City Council consideration. Approval of the requested variance to Table 34020 to allow a 15 foot front yard building setback along the side streets of Lot 1 of Block A and Lots 1 and 6 of Block C provided a note is added to the plat to state that access for these lots must be taken from the side with the 25 foot building setback line, after making the required findings of fact. P & Z ACTION: At its January 2, 1996, meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of the Preliminary Plat of Pleasant Valley Estates, Phase One provided the Technical Issues are addressed prior to City Council consideration. Recommend approval of the requested variance to Table 34020 to allow a 15 foot front yard building setback along the side streets of Lot 1 of Block A and Lots 1 and 6 of Block C provided a note is added to the plat to state that access Preliminary Plat - Pleasant Valley Estates, Phase One CP-96-02 / File: PLE_VL_1.PP CM/Cs January 17, 1996 Page 3 for these lots must be taken from the lot frontage with the 25 foot front yard setback, after making the required findings of fact. Preliminary Plat - Pleasant Valley Estates, Phase One CP-96-02 / File: PLE_VL_1.PP CM/Cs January 17, 1996 Page 4 Council meeting January 23, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consider waiving detailed development plan requirement for GISD projects at the Junior High School and the High School ITEM SUNEWARY: 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 determines that no significant public benefit will be derived from it. In this case, the Georgetown Independent School District proposes two (2) projects for which it may be appropriate to waive the DDP requirements. The first project is a concession stand, approximately 336 square feet in size, to be built near the tennis courts at the Junior High School. The second project is a 600 square foot locker room near the tennis courts at the High School. Both of these projects represent small additions to the existing development on the respective properties. A waiver of the City's detailed development plan requirements should not be considered a waiver of the State's requirements, if any, for the preparation of a water pollution abatement plan. 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 waivers, unless otherwise specified by the City Council. ATTACHMENTS: Letter from Jim Gunn, GISD Superintendent Submitted By. �fl" Edward J. Barry, A P - Director Divisio of Develop ent Services Hildy L. kingma, AIC Chief Planner GEORGETOWN INDEPENDENT SCHOOL DISTRICT JIM GUNN, Ph.D., Superintendent MARD HERRICK, Ph.D., Assistant Superintendent of Business BOB PHILLIPS, Ph.D., Assistant Superintendent of Instruction PROGRAM DIRECTORS AND COORDINATORS STEPHANIE BLANCK, Special Education DAVID O'NEILL, Secondary Curriculum LINDA SIMONSON, Elementary Curriculum LINDA HOLMSTROM, Career & Technology LARRY MOORE, Athletics David Hall Director of Inspections City of Georgetown P. 0. Box 409 Georgetown, Texas 78627 Dear David: 603 Lakeway Drive Georgetown, Texas 78628 (512) 863-6595 FAX: (512) 819-0303 January 16, 1996 ELEMENTARY PRINCIPALS JO ANN FORD, Ph.D., Pickett BRENT BUCK, Williams JACK SHARP, McCoy VERNON KILLEN, Frost PETE ZENNER, Carver TRESA ANDERSON, Purl SECONDARY PRINCIPALS MIKE CARGILL, GHS JENNIFER READ, Richarte CARLOS CANTU, GJHS JOE NIX, Ph.D., Challenge Ctr. Please allow this letter to serve as GISD's request to the City to waive the requirements for a detailed development plan for two small buildings we would like to build on the GHS and Georgetown Junior High campuses. Thank you for your consideration of our request. Sincerely, Jim Gunn Superintendent JG:hs P.S.: The presentation that you and Hildy Kingma made to the GISD Board of Trustees last night was outstanding. I appreciate your sincere effort to build a better working relationship with GISD and pledge my support to see that we do our part in effectively and constructively working with you. Thanks again. cc: GISD Board of Trustees Bob Hart, City Manager Fritz Daehne, GISD Maintenance Director Council meeting January 23, 1996 Item No. 4 A AGENDA ITEM COVER SHEET SUBJECT: Consideration of Revised Preliminary Plat of Reata Trails Subdivision, Unit Four, a 39.28 acre tract in the David Wright Survey; and Requested Variances to the Subdivision Regulations, located on Wagon Wheel Trail, Stagecoach Drive and Northwest Boulevard ITEM SUMMARY: The proposal consists of 102 single family residential lots and one (1) park land / drainage easement lot. Northwest Boulevard provides the main access to this subdivision. One difference between the Preliminary Plat approved in October 1994 and the Revised Preliminary Plat is the layout of Cactus Trail. The 1994 Preliminary Plat showed the extension of Cactus Trail between Stagecoach Drive and Northwest Boulevard. The Revised Preliminary Plat shows that Cactus Trail extends only between Stagecoach Drive and Arrowhead Lane, thereby allowing an additional block of eight (8) lots along Mill Road. The first variance is requested to Section 33030 G.1. and Table 33030-A of the Subdivision Regulations which requires that minor arterials have a minimum right-of-way width of 80 feet. Those portions of Northwest Boulevard that are already built, however, have only a 70 foot right-of-way and the Revised Preliminary Plat for Reata Trails, Unit Four is consistent with this width. Pursuant to Section 34020, the developer must provide a ten (10) foot Public Utility Easement along both sides of each roadway, which provides the appropriate width for the street section and utilities. A second variance is requested to Section 34020 F.4. which requires 25 foot setbacks on both street frontages of corner lots. A variance is requested to allow a 15 foot setback on the secondary yard of back-to-back corner lots, so that a consistent setback along the street frontage will be maintained. - SPECIAL CONSIDERATIONS: The attached plat does not address all of the Technical Issues as required by the Commission's recommendation. The applicant's agent has submitted a letter which commits to addressing the unresolved Technical Issues by February 2, 1996, including compliance with the City Flood Plain Management Ordinance, compliance with the watershed provisions of the Subdivision Regulations, providing topographic information for Pecan Branch and submitting a complete detailed Drainage Plan. FINANCIAL IMPACT: None. COAUgENTS: At their regular meeting of January 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Revised Preliminary Plat of Reata Trails, Unit Four and approval of the requested variances to Section 33030 G.1. and Table 33030-A of the Subdivision Regulations, thereby allowing a 70 foot right-of-way to be constructed along the portion of Northwest Boulevard through the proposed subdivision, provided a ten (10) foot Public Utility Easement is granted on both sides of the street, and to Section 34020 FA., thereby allowing a 15 foot setback on the secondary yard of the following lots: Block C, Lots 3 and 4; Block D, Lots 1, 8, 9 and 16; Block F, Lots 1, 6, 7 and 13; Block G, Lots 1, 13, 14 and 19; Block H, Lots 1, 8 and 9; and Block I, Lot 4, provided driveway access is oriented to the lot frontage with the 25 foot front yard setback, after making the required findings of fact, and provided the Technical Issues are addressed prior to City Council consideration. 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, attached exhibits, plat and letter from the applicant's agent. Submit B Edward J arry, AICP - Director 4Hi L. i ma, AICP Division f Developme t Services Chief Planner REVISED PRELIlVIINARY PLAT OF REATA TRAILS SUBDIVISION, UNIT FOUR, A 39.28 ACRE TRACT IN THE DAVID WRIGHT SURVEY; AND REQUESTED VARIANCES TO THE SUBDIVISION REGULATIONS, LOCATED ON WAGON WHEEL TRAIL, STAGECOACH DRIVE AND NORTHWEST BOULEVARD OWNER: Mr. Gary D. Stillwell By Well V. Ltd. 510 South Congress, Suite 400 Austin, TX 78704 474-4242 Fax 474-5213 AGENT: Mr. Don Bizzell, P.E. Steger & Bizzell Engineering, Inc. P.O. Box 858 Georgetown, Texas 78627 512/863-4521 Fax 863-4523 REQUEST: Revised Preliminary Plat of Reata Trails Subdivision, Unit Four, a 39.28 acre tract in the David Wright Survey, as recorded in Cabinet H, Slides 40-42 of the Official Plat Records of Williamson County, Texas; and requested variances to the Subdivision Regulations. Location: Located on Wagon Wheel Trail, Stagecoach Drive and Northwest Boulevard. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: This property is zoned RS, Residential Single Family. Proposed Use: One hundred two (102) residential single family lots and one (1) park land / drainage easement lot. Surrounding Uses North: Undeveloped land (RS) and Zoning: South: GISD Douglas M. Benold Middle School and Frost Elementary School, and Reata Trails Units Two and Three, residential single family (RS) East: Undeveloped land and Georgetown Municipal Airport (RS) West: Undeveloped land (RS) Preliminary Plat - Reata Trails, Unit Four, Phase One January 12, 1996 Project # PP-94-08 / File:REATA4.PP Page 1 CM:WW Century Plan: The Century Plan -Development Plan designates this location as Intensity Level Three. The proposed development is within the allowable limits for this acreage. SEE EXHIBIT B Notification: The required public notification has been completed. HISTORY: A Final Plat of Reata Trails, Unit Four, was approved by the City Council on July 9, 1985, and recorded with the Williamson County Clerk. That plat was designed for 125 single family residential units. However, in the intervening years, no significant public improvements were made on this property. Section 16010 A.4.b. of the Subdivision Regulations requires compliance with the current ordinance for any plats "approved by the City and filed in the plat records of Williamson County, Texas on or after November 10, 1982, and for which, as of December 31, 1989, the Planning Commission finds that no substantial investment in public improvements has occurred. " Therefore, prior to developing this property, a new plat must be reviewed and approved in accordance with the current Subdivision Regulations. A Concept Plan and Preliminary Plat were submitted and approved in October 1994. SEE EXHIBIT C Approval of those plans was subject to the limitation that no building permits were to be issued in this subdivision until the Pecan Branch interceptor was completed to provide sanitary sewer capacity. Approval was also conditioned upon all the property in the proposed Phase III being included in the development of Phase I, so Northwest Boulevard would be built in the first phase. ANALYSIS: The subject Revised Preliminary Plat is for 102 residential lots and one (1) park land / drainage easement lot. SEE EXHIBIT D This subdivision will use City of Georgetown water, wastewater, and electric services. At this time, the Pecan Branch interceptor is estimated to be completed in January 1996, therefore, the concern about sanitary sewer capacity does not appear to be an issue. The Revised Preliminary Plat submittal meets the density and intensity requirements of the Century Plan. The street layout on the submittal generally meets the Subdivision Regulations design requirements, although a variance is requested to address right-of-way width on Northwest Boulevard. There is a discrepancy with regard to the proposed right-of-way width of Northwest Boulevard and the Preliminary Plat - Reata Trails, Unit Four, Phase One Project # PP-94-08 / File:REATA4.PP CM:WW January 12, 1996 Page 2 requirements established by both the Subdivision Regulations and the Century Plan. The Century Plan classifies Northwest Boulevard as a minor arterial requiring 100 feet of right-of-way. The Subdivision Regulations require minor arterials to have a right-of-way width of 80 to 100 feet. Those portions of Northwest Boulevard that are already constructed have only 70 feet of right-of-way and the developer of Reata Trails, Unit Four proposes a 70 foot wide right-of-way for this roadway. Given the level of development along the existing segments of Northwest Boulevard (IH35 to Northwood and Whisper Oaks to Canyon Road), it is not likely to be feasible to obtain the additional 30 feet of right-of-way required by the Century Plan. When the Century Plan was prepared and adopted, Northwest Boulevard was envisioned as a reliever road to Williams Drive that would run from Shell Road to IH35. In May 1995, the City Council amended the Century Plan to limit the future length of Northwest Boulevard to Serenada Drive. Once completed from Serenada Drive to IH35, Northwest Boulevard can still function as a reliever to Williams Drive, but its effectiveness will be diminished. In addition to amending the Century Plan consistent with regard to the length of this road, the Council also amended the right-of-way requirement on the remainder of Northwest Boulevard from 100 feet to 80 feet, consistent with the Subdivision Regulations for minor arterials. Another difference between the Preliminary Plat approved in October 1994 and the Revised Preliminary Plat is the layout of Cactus Trail. The 1994 Preliminary Plat showed the extension of Cactus Trail between Stagecoach Drive and Northwest Boulevard. The Revised Preliminary Plat shows that Cactus Trail extends only between Stagecoach Drive and Arrowhead Lane, thereby allowing an additional block (Block J) of eight (8) lots along Mill Road. GISD has purchased the land adjacent to Block J and is in the process of constructing Douglas M. Benold Middle School in this area. GISD has indicated that they do not have concerns with this revised lot configuration as it relates to school access from Northwest Boulevard. According to Section 42020, park land acreage to be contributed shall be pro -rated in an amount equal to one (1) acre per one hundred fifty (150) new dwelling units projected. Section 42070 E.1. states that areas within the one hundred (100) year flood plain not located adjacent to one of the three (3) forks of the San Gabriel River may constitute up to fifty (50) percent of the requirement of land dedication. The Parks Preliminary Plat - Reata Trails, Unit Four, Phase One Project # PP-94-08 / File:REATA4.PP CM:WW January 12, 1996 Page 3 and Recreation Board and City Council may, however, permit all of the area within the one -hundred year floodplain to constitute up to one - hundred (100) percent of the park land dedication requirement, if, in its opinion, the dedication of the land furthers the goals and objectives of the parks and open space portion of the Century Plan. The Parks and Recreation Board will meet to review this submittal at its meeting on Thursday, January 11, 1996, and their recommendation will be available for the City Council's review. Given the 102 proposed lots staff counted, 0.68 acre of park land is needed. Accordingly, up to 0.34 acre of park land would constitute fifty (50) percent of the park land dedication requirement. Variances: The first variance is requested to Section 33030 G.1. and Table 33030-A of the Subdivision Regulations which requires that minor arterials have a minimum right-of-way width of 80 feet. The Century Plan classifies Northwest Boulevard as a minor arterial requiring 100 feet of right-of-way. Those portions of Northwest Boulevard that are already constructed, however, have only a 70 foot right-of-way, and the Revised Preliminary Plat for Reata Trails, Unit Four is consistent with this width. In May 1995, the City Council amended the Century Plan to reduce the right-of-way requirement on the remainder of Northwest Boulevard from 100 feet to 80 feet to be consistent with the minor arterial requirements outlined in the Subdivision Regulations. The developer proposes a 70 foot wide right-of-way for Northwest Boulevard. Pursuant to Section 34030, the developer must provide a ten (10) foot Public Utility Easement along both sides of each roadway, which provides the appropriate width for the street section and utilities. A second variance is requested to Section 34020 F.4. which requires 25 foot setbacks on both street frontages of corner lots. The variance is requested for the following lots to allow a 15 foot setback on the secondary front yard: Block C, Lots 3 and 4; Block D, Lots 1, 8, 9 and 16; Block F, Lots 1, 6, 7, and 13; Block G, Lots 1, 13, 14, and 19; Block H, Lots 1, 8 and 9; and Block I, Lot 4. The subject lots are all back-to-back corner lots, so a consistent setback along the street frontage will be maintained. When a consistent setback can be assured, the Commission and Council have typically supported this variance. If a variance is considered appropriate for these lots, they should be required to orient the driveway access to the street frontage with the 25 foot setback. This will help to ensure that the driveway is adequate to Preliminary Plat - Reata Trails, Unit Four, Phase One Project # PP-94-08 / File:REATA4.PP CM:WW January 12, 1996 Page 4 accommodate the length of a vehicle without encroaching into the public right-of-way, and will enhance the consistency of development. After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staffs 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." Technical Issues: The Subdivision Regulations require that the following Technical Issues are addressed prior to Planning and Zoning Commission consideration of this application. In order to assist the applicant, however, this application has been forwarded to the Planning and Zoning Commission prior to the completion of the Technical Issues. Therefore, these items must be addressed by February 2, 1996, or the application will be forwarded to the Council with a recommendation for denial. Alternatively, the applicant has the opportunity to request a delay to the City Council's consideration of the application in order to complete the Technical Issues. In reference to the Revised Preliminary Plat: Preliminary Plat - Reata Trails, Unit Four, Phase One January 12, 1996 Project // PP-94-08 / File:REATA4.PP Page 5 CM:WW 1. The applicant's engineer has indicated that a subdivision entry feature will be built. Sufficient information to document conformance to the requirements of Section 24032 D. must be provided. Prior to filing the final plat, staff will review the articles of incorporation for a neighborhood or homeowners association to ensure that the entry feature and associated landscaping will be sufficiently maintained. 2. Table 34020 requires a total separation distance of 15 feet between buildings. In order to achieve this standard on Block A, Lot 1, Block C, Lots 1 and 6, and Block H, Lot 15, the south side setback line must be increased from five (5) feet to eight (8) feet because the adjacent lots in Reata Trails, Unit Two, have seven (7) foot side yards. 3. The 100-year floodplain, based on fully developed conditions within the watershed area, indicated for the 100-year design flood as calculated in accordance with the City's Standards and Specifications for Construction of Improvements Manual and certified by a registered professional engineer. Consistent with Section 24031 B., compliance with the provisions of the City Flood Plain Management Ordinance and the regulations of the Williamson County Health District is necessary. This information must be certified by a registered professional engineer with the following statement: "The fully developed, concentrated storm water runoff resulting from the one hundred (100) year frequency storm is contained within the drainage easements shown and / or public rights -of -way dedicated by this plat." 4. In reference to Section 24031 D., submit information specifically designed to demonstrate compliance with the watershed provisions of this ordinance described in Sections 32000 - 32999. 5. Note the area of each non -rectangular lot. 6. Electric service requirements shall be coordinated through John Thomas, Electric Superintendent at 930-3555, prior to any construction. If the applicant has the capability, this project can be expedited by providing an AutoCAD® "DWG" file showing lot lines, right-of-way lines, proposed water and wastewater lines and a plan view including the proposed service locations to the City. The City will design the underground electrical system and provide the developer this design on an AutoCad® file and a hard copy. This electric system design shall be incorporated into the construction plans for this development. A copy of the AutoCAD® file for the subdivision may be submitted to Don Rundell, Manager of Systems Engineering, at the Community Owned Utilities Division. The City will design the facilities and return the design to you added to the AutoCAD® file provided by you. 7. Pursuant to Section 33030 J. , collector streets shall have a center Preliminary Plat - Reata Trails, Unit Four, Phase One Project # PP-94-08 / File:REATA4.PP CM:WW January 12, 1996 Page 6 line radius of six hundred (600) feet or more. According to Section 33030 K., curves in local streets are required to have a center line radius of two hundred fifty (250) feet or more, except for loop or partial loop streets. Section 33030 Q. states that new streets shall be named to prevent conflict with identical or similar names in other parts of the city. Therefore, please change either the name of Pecos Drive or Pecos Court, and Mill Road or Old Mill Road. As proposed, both sets of these streets have similar names, but are separated by one (1) block. 8. According to 33030 X., five (5) foot sidewalks shall be provided on both sides of the street within 1,000 feet of park or school property. Provide a plat note that states this. 9. Provide some indication on Block F, Lots 1 and 13 where staff supports a variance to Section 34020 F.4. that there is a plat note relating to them. Then add a note stating that access to these lots must be from the frontage with the 25 foot front yard setback. 10. Pursuant to Section 33030 N. , temporary turn -grounds shall be provided at the end of streets more than 400 feet long that will be extended in the future. The following note should be placed on the plat: "Cross -hatched area is a temporary easement for turn around until street is extended southeast in a recorded plat. " Therefore, provide an easement for a temporary cul-de-sac on Hedgewood Drive. This must be built as part of the public improvements and can be removed only when the street is extended. 11. Five (5) foot sidewalks will be required on both sides of Northwest Boulevard, and the developer will be required to build these sidewalks at the time the road is built. In addition, Northwest Boulevard must be built with a 44 foot wide back-to-back pavement section. 12. Provide information about the acreage of proposed park land outside the one -hundred (100) year flood plain. 13. The contours shown for Pecan Branch may not reflect the channel modifications made in the 1980s. Please provide data to support the topographic information as shown. 14. A complete detailed Drainage Plan shall be submitted, in accordance with the City's Subdivision Regulations. This plan shall include a detailed drainage map showing flow patterns, quantities, etc. 15. The Preliminary and Final Plats shall include minimum finish floor elevations based on the 100-year floodplain elevation for all lots in Block E. 16. Sanitary sewer mains shall be located five (5) feet off the centerline of the street, as shown. The developer shall extend the Preliminary Plat - Reata Trails, Unit Four, Phase One Project It PP-94-08 / File:REATA4.PP CM:WW January 12, 1996 Page 7 proposed wastewater line in Northwest Boulevard to the northern limit of Northwest Boulevard and shall end with a man -hole and stub -out. The manhole shall be located outside the five (5) year floodplain of Pecan Branch. In addition, according to the City of Georgetown Sanitary Sewer Plan, the developer shall increase the proposed ten (10) inch wastewater line in Northwest Boulevard to an eighteen (18) inch wastewater line and construct at a grade of 0.20 percent. 17. The proposed eight (8) inch water line in Northwest Boulevard shall be increased to a twelve (12) inch water line located on the west side of Northwest Boulevard to match the existing twelve (12) inch water line in Reata Trails, Unit Three. 18. A ten (10) foot Public Utilities Easement (PUE) is required on all lots, along and parallel to all street right-of-way lines. Also, as a rule, side lot line PUEs will not be required, unless there are existing or future utility plans requiring the need for a side lot line easement. 19. Northwest Boulevard shall be constructed at an elevation to accommodate the future construction of the Pecan Street Bridge at a pavement surface elevation one (1) foot above the 100-year flood elevation. 20. This development is in the Edwards Aquifer Recharge Zone and will require TNRCC's approvals. STAFF RECOMMENDATION: Approval of a Revised Preliminary Plat of Reata Trails, Unit Four and approval of the requested variances to Section 33030 G.1. and Table 33030-A of the Subdivision Regulations, thereby allowing a 70 foot right-of-way to be constructed along the portion of Northwest Boulevard through the proposed subdivision, provided a ten (10) foot Public Utility Easement is granted on both sides of the street, and to Section 34020 F.4. , thereby allowing a 15 foot setback on the secondary yard to the following lots: Block C, Lots 3 and 4; Block D, Lots 1, 8, 9 and 16; Block F, Lots 1, 6, 7, and 13; Block G, Lots 1, 13, 14, and 19; Block H, Lots 1, 8 and 9; and Block I, Lot 4, after making the required findings of fact, and provided the Technical Issues are addressed prior to City Council consideration. Preliminary Plat - Reata Trails, Unit Four, Phase One January 12, 1996 Project #i PP-94-08 / File:REATA4.PP Page 8 CM:WW REATA TRAILS- UNIT FOUR ZO9A EXHIBIT A S22 321 320 S07 C N� All V 165 `, 141 a.. • rr L J • t /(- 347 506 346 1 S 1s7 44[ J 2�s134 440 936 ~+ t`'.•'l� 145 4 td 21z 442 443 2 Me ` R ER EFER TO 2 711 34s t - s 439 eEt_l0 C1AC 1S7 147 SOi SOe t9a 337 - 1 IV 2124 16IA 140 ✓,. •+fib °+ / \ - _ 35G 1 a43 sat 149 to:.,te7 550 333 358 1 430 155 142 I Y 61 354 21D 171 133 t 339 1 436 437 144 i 351 + Y365 -- (Y' ISI lab ,53 - { 1 -M 3 r 361 170 BERRY CRUX 14/06JR[+ERS -- -/ 3E2 ISO 211t /p64 All +1 �I�ti. 174 I72 T_267K .aa r- _• I j too 134 let - I .T.Z "` a..•[s can.. 1e4170 tie aP e ` .[. ,c' 61 160 162 wE3-7 CEURGfTO+rN W_ V. SO S;; 56 52 X.:�{�aC— ea9 /25T Aq POIT ^'f11. e0. 62 we C,Tr OF Q'ORGCTOww S7 _ 34 1 4e 164 473. TO ac • \ / 3�\min, (WG y L(Ow.[Mb. ` I \ .4 �[ .: R FER 'i:_ 0513 1 �\ 41 i 39 SS \ 37 \ \ I / 36 i3 — �� t. •\ ..,K a �.! ; 2:. 1 / wc.ST GCCY-':c70WN U'aa _VELOoEW CC4 34 f 5e0/700 `\ i \ 30 \ l IWORMA ✓ ' ' +e � ze �; � �.\y>,1'�,�� +fir, \ /�`,�j l�l �, � �• a. � ' � '/-, - Ti Sr'� j ,,,. x, : 1�-n/ ..�.�_lr / •` i j! �`.;. ;� i/'\ yet `Ci{♦�v'.` %C' tl �� /t`' \� %�\i %\i i.; . F EF E. P J 2 Oi!3 i � F_i '11 �•'{y,�' �; `'•'�!' �� \% ^ �.%/, �`7\ \�' • `per .� `,��, �, t ��,�� �: \ `��� � / ��• y� J• "�(' � �l % / �_ _r'i T\—+---=-- •— \ / EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. -DATE': December 5, 1995 -PROJECT NAME': Reata Trails Unit 4 Preliminary Plat 2. 'GIVEN' acres of Intensity Level 1 acres of Intensity Level 2 39.28 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 39.28 TOTAL ACRES 3. ALLOWABLE DEMAND INTENSITY WATER LEVEL Peak GPD 2 0 3 147,693 4 0 5 0 6 0 WASTEWATER TRANSPORTATION Average GPD Peak Trip Ends 0 0 0 0 42,422 393 0 0 0 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 147,693 Maximum GPD Wastewater Capacity: 42.422 Maximum Trip Ends: 393 5. PERMITTED DEVELOPMENT: (a) POTENTIAL UNITS BY UTILITY (b) MAXIMUM (c) PER DEV (d) DEVELOPMENT LAND USES ------------- WATER -- --- -------------------------------------- WASTEWATER TRANSPORTATION I - UNITS I REGS I ALLOWED/UNIT ------ ------------ — Detached SF 128 147 I 656 I 128 I I 79 I I 79 housing units Large Lot 148 1700 443 j j 2� j 14$ housing units Average Lot 148 170 443 I 148 I 380 I 148 housing units Zero Lot Line 227 242 361 I 227 I 570 I 227 housing units Attached SF 280 272 173 I 173 I 1,139 I 173 housing units Multifamily 227 220 464 I 220 I I 220 housing units Mobile Home 769 695 283 I 283 I ( 283 rooms Lodging 430,591 461.113 467.063 I 430.591 I I 430,591 square feel Institutional Church -with day care 479.522 511.113 25.244 I 25.244 I 545,556 I I I 25,244 square feet 545,556 square feet -w/o day care 794,047 355,031 848,448 378.771 545,556 I 121.723 I 121.723 I I 121,723 square feet Medical Office General Office 405.749 466.180 154,039 I 154,039 I I 154,039 square feet 23,780 square feet Retail, Mixed 227.220 94,675 260,260 88,380 23,780 I 34,547 I 23,780 I 34,547 I I I 34,547 square feet Retail, Restaurant Retail, Store 454,439 482,073 81,799 I 81.799 I I 81,799 square feet Employment Centers 405.749 466,180 85,839 I 654,667 I 85.839 j 654.667 I I I 85,839 square feet 654,667 square feet Warehouse 2.591,102 36,923,200 3,030.171 42.422,400 1,510,769 ( 1.510.769 I I 1.510,769 square feet Mini -Warehouse -------------------- I ----------------I ---- ----- --------------------- EXHIE311 L; C-0 CO! 4r L) LO 418.26' 0 0 C3 6r-' 12 5* 41 2 _6 9_ 00. 125oo- 31 -2 CD V_ EL 125.C.' 0, st.e CO 25 SIS 76-22'00-E" s s < G .. .... IL 2 MIL lov. _7 -j7 ra -4 0 C) Preliminary Plat Approved 10/94 EXHIBIT D 4r. 7 iA 0, 6 "-o.. CD r vs Steger & Bizzell Erigineeri ng, Inc. Consulting Engineers Survevors 1878 Scutt- .1u8tin Avenue Past Clice Sox 858 Gecrgeto'nr. -exas ?8827 Mr. Ed Bury, Director Department of Development Services P,O, Box 409 Georgetown, TX 78627 ATTN: Ms, Wendy Walsh RE: Reata Trails -Unit Four Dear Ms. Walsh: 7 Lt. Ia0.^cne ��csimi�e Gaor ,!.own' (512)H-1-•:52'. IS12)863-4523 A,.3: r area: (5 12,255-2582 .512)255-2632 January 16, 1996 I am responding to your telephone call on Monday, January 15, regarding the above named project. I would agree to make the following changes on the plat so that it can be considered at the January 23rd City Council meeting: 1.) Delete Note No. 15; 2.) Place the required 10' PUE on the plat at locations dictated by the City staff; 3,) Change the building lines on Lot 13, Block 0 so that there is a 15' building line on Arrowhead and 25' building line on Pecos; 4.) The revised information for Items 16 & 17, on the staff report, has previously been given to Mr. ]ion Rundell at Community Owned Utilities. If you should need any additional information, please give me a call. Re ectfully, Don H. Bizzell, RE. DHB/pkc 016dhb01 Council meeting January 23, 1996 Item No. _ B 6 AGENDA ITEM COVER SHEET SUBJECT: First Reading of an Ordinance to Rezone 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, from RS, Residential Single Family to RP, Residential Planned District with a Detailed Development Plan, and requested waiver of fees ITEM SUN D4ARY: The First United Methodist Church proposes to construct a parking lot on their property at the southeast corner of 13th and Ash Streets. This property is currently zoned RS, Residential Single Family and therefore a stand-alone parking lot is not permitted. The RP, Residential Planned zoning district permits any use allowed in the RS district and other support uses. The RP zoning district does require the submittal of a site plan to establish the specific development approvals for the parcel. Given that a plat for a planned unit development (PUD) is also being processed for this property, the detailed development plan (DDP) requirements of the Subdivision Regulations were applied to the site plan review in order to be consistent with the most current design standards. Two elements of the design standards are not met by the proposed development, but are supportable as features of the PUD because of the benefits to be gained from the development of this parking lot and other offsetting design elements. Parking is proposed to encroach into the 25 foot front yard setbacks. This design element is offset by additional plantings in the required bufferyard located between the parking and the street. The proposed separation distance between the intersection of 13th and Ash Streets and the driveway onto Ash Street does not meet the required standard. This is a supportable design feature because this is a single family area where the streets are very narrow, and the parking lot will help to remove cars from the street. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: The applicant has requested a waiver of the rezoning and DDP fees on the basis of being a church. The fees for this application would total $550, including $250 for the rezoning fee and $300 for the DDP fee. COMMENTS: At their regular meeting of January 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning of the Planned Unit Development of the Wesley Subdivision, from the RS, Residential Single Family to RP, Residential Planned zoning district with a Detailed Development Plan. The attached DDP does address the Technical Issues described in the staff report. 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. In addition, it will include the approval of the requested fee waiver. ATTACHMENTS: Staff report and Detailed Development Plan. Submitted Bv: Edward arry, AICP - Director Hildy L. Kingma, A P Division of Developme t Services Chief Planner REZONING OF 0.49 ACRES, A RESUBDIVISION OF HUGHES ADDITION, PART OF BLOCK 5, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF THE WESLEY SUBDIVISION, FROM RS, RESIDENTIAL SINGLE FAMILY TO RP, RESIDENTIAL PLANNED DISTRICT WITH A DETAILED DEVELOPMENT PLAN OWNER: First United Methodist Church 410 East University Georgetown, Texas 78626 863-2370 FAX: 930-4098 AGENT: Mr. Marvin Dorsey, Board of Trustees Chairman P.O. Box 314 Georgetown, Texas 78627 869-7320 FAX: 869-5866 REQUEST: Rezoning of 0.49 acres, a resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, from RS, Residential Single Family to RP, Residential Planned District with a Detailed Development Plan, as recorded in Volume 1913, Page 532 and Volume 2375, Page 299 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Southeast corner of 13th Street and Ash Street. SEE EXHIBIT A Existing Sites: Existing scout but and parking. Existing Zoning: RS, Residential Single Family. Proposed Use: Church parking facility. Surrounding Uses North: Single family residences and First United Methodist and Zoning: Church (RS) South: Single family residences (RS) East: Single family residence (RS) West: Single family residences (RS) Rezoning- Wesley Subdivision January 11, 1996 R-96-01/File:WESLEY.RE Page 1 CM:H Notification: The notification requirements have been completed. ANALYSIS: Although churches are allowed by right in the RS, Residential Single Family zoning district, the proposed parking lot is to be located on a separate lot and therefore would not be permitted in the RS district. However, the RP, Residential Planned zoning district allows "any use permitted by the RS District regulations and conforming to the District's standards". While this parking lot will be on a separate parcel of land, it is being built for the Church and will serve the important function of removing cars from the streets during the peak church use times. The RP zoning district does require the submittal of a site plan to establish the specific development approvals for the parcel. Given that a plat for a planned unit development (PUD) is also being processed for this property, the detailed development plan requirements of the Subdivision Regulations were applied to the site plan review in order to be consistent with the most current design standards. The RP zoning district and PUD plat guidelines both allow for development proposals that vary from the strict application of the design standards in order to encourage integrated land uses and innovative site design, and avoid win -lose solutions to development issues. Rezoning- Wesley Subdivision R-96-O 1 /File: W ESLEY.RE CM:H The detailed development plan is illustrated by EXHIBITS B-1 and B-2. Two elements of the design standards are not met by this proposed development, but are supportable as features of the PUD because of the benefits to be gained from the development of this parking lot and other offsetting design elements. Parking is proposed to encroach into the 25 foot front yard setbacks on both 13th and Ash Streets. Section 33051 A. prohibits this type of design. In addition, Section 34020 G.1. prohibits structures or impervious construction in the required front yard setback. In order to offset this design element, the development includes the required Type D bufferyard in the front yards of 13th and Ash Streets. This bufferyard includes a berm and three (3) deciduous shrubs and four (4) evergreen shrubs per 100 feet. This results in slightly more plantings than are required for the 20 foot wide, Type D bufferyard, thereby helping to offset the parking encroachment and the narrower bufferyard. The proposed separation distance between the intersection of 13th and Ash Streets and the driveway on Ash Street is 50 feet, measured from the edge of pavement at the driveway to the edge of the street pavement. Section 33044 requires a 60 foot separation distance. This January 11, 1996 Page 2 is a supportable design feature because this is a single family area where the streets are very narrow, and the parking lot will help to remove cars from the street. TECHNICAL ISSUES: The Subdivision Regulations require that the following Technical Issues are addressed prior to Planning and Zoning Commission consideration of this application. In order to assist the applicant, however, this application has been forwarded to the Planning and Zoning Commission prior to the completion of the Technical Issues. Therefore, these items must be addressed before the application will be forwarded to the City Council. 1. The sidewalk should be five (5) feet wide to meet ADA requirements. 2. The Type E bufferyard required on the south and east property lines requires a fence. The property owners to the south have submitted a letter requesting that no fence be required along their lots. Either provide a similar letter from the property owner to the east, or indicate that a six (6) foot privacy fence will be provided along this lot line. STAFF RECOMMENDATION: Approval of the requested rezoning of the Planned Unit Development of the Wesley Subdivision, from the RS, Residential Single Family to RP, Residential Planned zoning district with a Detailed Development Plan. P & Z ACTION: At their regular meeting of January 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning of the Planned Unit Development of the Wesley Subdivision, from the RS, Residential Single Family to RP, Residential Planned zoning district with a Detailed Development Plan. Rezoning- Wesley Subdivision January 11, 1996 R-96-01/File:WESLEY.RE Page 3 CM:H EXHIBIT A o Ia L I S 7 2 o S 7 2 E E 7 8 8• 8 8 8 8 6 3 8 I8 6 3 S 6 $ 8 5 Q o b 5Ch rchQ a b 5 $ 8 8 8 8 .zo oo.:o.oa' .zo m' .to.00' .xo.. C— 2 A I R M 3' STATE HIGHWAY 29 .x.%o az x' az.so' at. s0' ar in o, 0 2 c L a om So --- RP b 6 L) � S o n:.zs' - z ' 7 S— 8 0 E 8- .o..00' .o..o C 0 / S m S 12Ln 8 m 0 m b 13 0 go �l "z So• m m r In m m -4 b RSa I Q '. to' b _ 15 0 .55 00, b. r \ I _ _ o 6C .zo 17 /\ �zo.so' w' 1. o = J 18 ao.00' w no• ssno 4 0 5 0 6 O w .00 10.00' Tl .00� �zo.w sz.ao 10 I C Ta.i D Z b 9 i H M �^ b Z7 m • b 6 I..ST O..TCC •.C1w001ST C.Y.C. 2 RS Church 13 ih STREET .to z0• O o _ Res Res a 0 RS RS "ORGETOWN I.S.D. School RS ..,,'oo .20 s Res s s. .0 Qo Qo' Res R e s Res lies Res C-1 8 RS r-, .ao.!" �l .o . 0 .•s .a 0 �) a 13 2� i II I I !!! .zo' .:o• 17 th STREEY _ 2 j 3 1618 I cJ I-N�. I. PROPOS ED REZONING TO RP, RESIDENTIAL PLANNED DISTRICT_r_ A_ 15 th STREET :. wOOLf CT 97 `21 �h �6 ' I i a0' i 4 , J � 5 oc' I � •t0 .20' l i . Jam-20 -- - - -' ,t .to to' .to C7 r( 1 \ CONC. SIDE WALE. U (Z) •1 D z C6NC. SIDE WALK N 00•0I'04"E /20.09' • • a 4Sp aces ® 0.5 x o ; x J6 25'BUILDING LINE e s5 ral O --- o i � �• - / �3 1 � I i O (� i j2 C _ 'L i r '('x'� ;��l ; ) I I z IU I C co i` Zul r �a. -fl - ' v • I �r Sa� � '' r' �oo`r .• t� be � • I ��Saa \'o. R 1- I I o \3 i c 1' s . i a ,P� C� OiC PIPE G -j0 BUILDING LANE r Ck °.. MC)MO L-8 11131HX3 ll ^ Sycamoro To Be Saved 10" Sycamoro To be SOvoo 2-q" Hocl burry To Be Saved 3b0.13 S.F. Total Grown 314.16 S.F. Total Grown 5O6.g4 5.1', Total Grown 263.33 S.F. Ondleturbed Grown 233.47 S.F. Lhdisturbed Grown 390.67 S.F Undisturbed Grown 174,0 S.F. Grown Encroachment 145.12 S.F. Grown Enetooch"nent t0' RU.E1', t • a,; p y=: - (0 sue{_ . Land9oace Berm 1 4 Evergreen Shrubs `^ • 589 13TH STREET ,,,E - 72.42' I 10' P.U.E. par Every 00 ypJ - a�1�.. g- - - --- ' •1 o er 1 r I ?? 1 I i.. k,LF osed Hater o _ evMl Am, lob EXISTING SWamoro -,roes Q � : REE W 8 y: DRIP LINE (T J Vpt To 13C Saved T. TO HE SAVED QOe : n Q ILI 0 JS I W a ;r•' - r/� 9u;INny Lr r .3.�`•_zr -tt,ti • . •--a-• . _..� ,,.. t ` w Lond9cape Berm '1 1 *� �j • Q w, i-Decldvou9 4 5 Evergreen Shrubs o' „ \ ••: !�. oils J:.`� -. per Every 100' � i 1.0 � fQ•.. ( r.. �r`l' • '.� �'�'. =.� i N 90°00'00"Pq - 105.bq' 36" Pecor. To Bo 5ovol ?" 'dc kborry To Be Staved 40" 50 S.F• sofa! Gror' 452.3q SF. Total Grover. 1555 :6 5 F u� dl9turtxd Gown _ 'B 6, F U'+dl9turbod Grover 3" NOL. Pecom ro Be So -.ea 53C.a ...c -c a .- ...." I,, 530 0< c X W 13 ...I CD N 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 0.49 ACRES, A RESUBDIVISION OF HUGHES ADDITION, PART OF BLOCK 5, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF THE WESLEY SUBDIVISION, AS RECORDED IN VOLUME 1913, PAGE 532, AND VOLUME 2375, PAGE 299 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM THE RS, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT CLASSIFICATION TO RP, RESIDENTIAL PLANNED DISTRICT ZONING CLASSIFICATION WITH A DETAILED DEVELOPMENT PLAN; 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 ") : 0.49 ACRES, A RESUBDIVISION OF HUGHES ADDITION, PART OF BLOCK 5, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF THE WESLEY SUBDIVISION, AS RECORDED IN VOLUME 1913, PAGE 532 AND VOLUME 2375, PAGE 299 OF THE 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) 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 Wesley Subdivision Rezoning Ordinance No. Page 1 of 3 WHEREAS, the City Planning and Zoning Commission in a meeting held on January 2, 1996, recommended changing said zoning district classification of the above described property from the RS, Residential Single Family district zoning classification to RP, Residential Planned district zoning classification with a Detailed Development Plan, 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 RS, RESIDENTIAL SINGLE FAMILY district to RP, RESIDENTIAL PLANNED district WITH A DETAILED DEVELOPMENT PLAN, 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 Wesley Subdivision Rezoning Ordinance No. Page 2 of 3 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 , 1996. PASSED AND APPROVED on Second Reading on the day of , 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Wesley Subdivision Rezoning Ordinance No. Page 3 of 3 By: LEO WOOD Mayor EXHIBIT.A E 7 z e 8 2 8 8 - �: E 6 3 a 6 318 a 5 4 a 5Ch rch4 a $ 8 $ 8 7000 ,re.00• � ,ro oo' 170.00• C— 2 A I R M 3 I STATE HIGHWAY 29 ax.lo az.lo' a: x' u.3o" ar in c2 ' L 4 O o _ om RP - ,',a. . ' 6 L� � 5 0 b _ s V E a , 2 $ 8 b S 8 6 3 8 5 4 o s ,to .00• ,70.00' C-ST U TCO �[TwOO,fT OwuwCw 2 RS Church 13 th STREET m r i N m m o - Res. Res uo 1 s v 14 Rs I 14 th STREET 0 15 0° b (\1 ,SS.00' w o 0 «b ,)T60' 8 ac 177. •S so 170 ay ,ay 17 0 y -xo.so' so - x I �. o — —1 8 18 ao.00 • woo' 33 o C 4 6 5 0 6 0 ao.00' ao.00' 75.00' 7\ \v 10 m o d. C n Z d 9 e « a m �- � — A 85 C-1 .s t W aO t RS O r r m rF Cn 1 1 Is r�f V , r 15 th STREET 177 .'Ia' � 73 ,73' ,70 ,77.00 � !!� •). R' as � r<OOIiCT lOwwSO. ,xa a /all 0 17T 00' b •,..t' fy' ,xT , 00 T1 o 4 / J � 1 � ✓ " ORGETOWN I.S.C. School RS a ,20 L a0 QO '-.Res a ,xo' ,zo o. Res RS RS RS to RP zoning Res _ Res Fees Res ,O YO S „O.S �• •,a CO ,aO.S� a0• ,K 1 •ao.a' „o a' N ' o F2e 1, r, 1 70' .xo• 1-1 th STRE.E i _ 2 3 1618 REZONING TO RP, RESIDENTIAL PLANNED DISTRICT _ ' "0 ,zo" xo' •xo' �r To' .r0' Council meeting January 23, 1996 Item No. 7)D AGENDA ITEM COVER SHEET SUBJECT: First Reading of an Ordinance to extend the effective date of the Georgetown Sign Ordinance, also known as Chapter 12.10 of the Georgetown Municipal Code, from the current expiration date of February 24, 1996, to a revised expiration date of August 24, 1996 ITEM SUMMARY: The Georgetown Sign Ordinance was adopted by the City Council on February 9, 1993, and became effective on February 24, 1993. It was adopted with a sunset date established three. (3) years after the effective date of the original ordinance. The purpose of this sunset provision was to ensure that the Ordinance was reviewed to determine the effect of the regulations and whether revisions were necessary. The required review has been delayed pending recommendations from the City Attorney regarding changes in State law and Court opinions that may have an effect of the Ordinance. Therefore, it is necessary to extend the effective date of the current Ordinance so the required review can occur during 1996. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COnEWENTS: None. RECORD NDED MOTION: If this item is approved by the City Council, it will extend the effective date of the ordinance to August 24, 1996. ATTACHMENTS: Ordinance. Submitted By: Edward . Barry, AI P - Director Divisio of Develop ent Services Hildy L. I gma, AICP Chief Planner ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, EXTENDING THE EXPIRATION DATE OF THE GEORGETOWN SIGN ORDINANCE, ALSO KNOWN AS CHAPTER 12.10 OF THE GEORGETOWN MUNICIPAL CODE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Section 216.901 of the Local Government Code authorizes home rule municipalities to license, regulate, control, or prohibit the erection of signs or billboards; and WHEREAS, Section 54.004 of the Local Government Code authorizes home rule municipalities to enforce ordinances necessary to protect health, life, and property and to preserve the good government, order, and security of the municipality and its inhabitants; and WHEREAS, on February 9, 1993, by the approval of Ordinance 93-5, the City did adopt the "Sign Ordinance of the City of Georgetown", codified as Chapter 12.10 of the Georgetown Municipal Code, hereinafter referred to as "Sign Ordinance"; and WHEREAS, Ordinance 93-5, Section 4, provides for the sunset of the Sign Ordinance in three (3) years, unless action is taken to extend its application and enforcement; and WHEREAS, the Planning and Zoning Commission has not conducted its review of the Sign Ordinance in order to make recommendations for revisions, as required by Ordinance 93-5; and WHEREAS, the process of review and consideration of proposed revisions will not be completed prior to the expiration date established by Ordinance 93-5; and WHEREAS, due to the level of development activity it is important to extend the effective date of the current Sign Ordinance in order to ensure its continuing effectiveness. 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. 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 Sign Ordinance Extension Ordinance No. Page 1 of 2 2. Growth and Physical Development Policy 2 which states "The City's regulatory action will efficiently and effectively implement the policy statements and provide the opportunity to seek change with reasonable effort and expense"; and 3. Development Plan Policy 8, End B, Ongoing Means 1, which states "The City shall prepare development regulations that protect neighborhoods from incompatible land uses and assure that residential neighborhoods are accessible to community facilities and services"; 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 application and enforcement of the Sign Ordinance is hereby extended to August 24, 1996, such that, unless subsequent action extends the application and enforcement of the Sign Ordinance, it shall expire on that date. 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 1996. PASSED AND APPROVED on Second Reading on the day of ,1996. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Sign Ordinance Extension Ordinance No. Page 2of2 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor Council meeting January 23, 1996 Item No. 0, C AGENDA ITEM COVER SHEET SUBJECT: Consider approval of a Short Form Final Plat of 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, and requested waiver of fees ITEM SUMMARY: The subject plat contains two (2) existing lots, one of which was subdivided after the May 1977 date which confers the grandfathered legal lot status. Therefore, in order to build on these lots, the plat is necessary. The proposed use of this lot is for a parking lot for the First United Methodist Church, located to the northwest of the property. The plat is being processed as a Planned Unit Development (PUD) to be consistent with the requested rezoning to the RP, Residential Planned zoning district (see separate agenda item). The proposed plat conforms to all the design and information requirements of the Subdivision Regulations. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: The applicant has requested a waiver of the plat fees on the basis of being a church. The plat fee for this application would be $375. COMMENTS: At their regular meeting of January 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Short Form Final Plat of the Planned Unit Development of the Wesley Subdivision. 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. In addition, it will include the approval of the requested fee waiver. ATTACHMENTS: Staff report Submitted Bv: Edward . Barry, Al P - Director Division of Develop ent Services Hildy L. kingma, AI Chief Planner A SHORT FORM FINAL PLAT OF 0.49 ACRES, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF THE WESLEY SUBDIVISION, A RESUBDIVISION OF HUGHES ADDITION, PART OF BLOCK 5 OWNER: First United Methodist Church 410 East University Georgetown, Texas 78626 863-2370 FAX: 930-4098 AGENT: Mr. Marvin Dorsey, Board of Trustees Chairman P.O. Box 314 Georgetown, Texas 78627 869-7320 FAX: 869-5866 REQUEST: Short Form Final Plat of 0.49 acres, to be known as the Planned Unit Development of the Wesley Subdivision, a resubdivision of Hughes Addition, part of Block 5, as recorded in Volume 1913, Page 532 and Volume 2375, Page 299 of the Official Deed Records of Williamson County, Texas. Notification: The notification requirements have been completed. ANALYSIS: The subject plat contains two (2) existing lots, one of which was subdivided after the May 1977 date which confers the grandfathered legal lot status. Therefore, in order to build on these lots, the plat is necessary. The proposed use of this lot is for a parking lot for First United Methodist Church, located to the northwest of the property. The plat is being processed as a Planned Unit Development (PUD) to be consistent with the requested rezoning to the RP, Residential Planned zoning district. The proposed plat conforms to all the design and information requirements of the Subdivision Regulations. SEE EXHIBIT A Prior to Filing: The required water pollution abatement plan must be approved by TNRCC before this plat can be recorded. Fee Waiver: The applicant has requested a waiver of all fees related to this development. This request will be considered by the City Council. Final Plat - Wesley Subdivision January 11, 1996 FP-96-01/File:WESLEY.FP Page 1 CM: HK STAFF RECOMMENDATION: Approval of the Short Form Final Plat of the Planned Unit Development of the Wesley Subdivision. P & Z ACTION: At their regular meeting of January 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the Short Form Final Plat of the Planned Unit Development of the Wesley Subdivision. Final Plat - Wesley Subdivision FP-96-01 /File: W ESLEY. FP CM:HK January 11, 1996 Page 2 Council meeting date: January 23,_ 1996 Item No. EE AGENDA ITEM COVER SHEET SUBJECT An ordinance amending Ordinance 93-42 to reapportion the assessment of the 21.26 acre tract out of the J.B. Pulsifier Survey No. 36 and Nicholas Porter Survey No. 26 in Williamson County Texas, proportionately by square footage of each proposed lot division identified in the preliminary plat of River Oaks - I.H. 35 Business Park. ITEM SUMMARY On January 9, 1996 the City Council approved a preliminary plat for resubdivision of a 21.26 acre tract. In 1993 this tract was assessed $196,000 for construction of the North I-35 frontag road. The property owner will be conveying 4.66 acres of this tract for parkland and also additional acreage for public right of way. The remaining acreage has been subdivided into 10 lots as shown on the preliminary plat. The owner is requesting that the full assessment levied against this property be reapprotioned among the 10 lots according to square footage of each lot. The property owner will be responsible for the full assessment until such time as a final plat is filed, at which time each of the lots will be assessed accordingly. SPECIAL CONSIDERATIONS FINANCIAL IMPACT CITY ATTORNEY ATTACHMENTS Proposed Ordinance u itted By: f Marianne Landers Banks, City Attorney DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCE 93-42 TO REAPPORTION THE ASSESSMENT OF THE 21.26 ACRE TRACT OUT OF THE J.B. PULSIFIER SURVEY NO. 36 AND NICHOLAS PORTER SURVEY IN WILLIAMSON COUNTY TEXAS, PROPORTIONATELY BY SQUARE FOOTAGE OF EACH PROPOSED LOT DIVISION IDENTIFIED IN THE PRELIMINARY PLAT OF RIVER OAKS - IH 35 BUSINESS PARK; INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 28, .1995 the City Council exhibited its intent to allow reapportion of the assessments which were levied against property owners on East 1-35 Frontage Road for a portion of the costs of construction of the frontage road, to allow for resubdivision of property and increased marketabiltiy of lots; and WHEREAS, the property described in the original assessment as 21.26 acres and further described in that attached exhibit "A" of ordinance 93-42, (the "Assessed Property"); and WHEREAS, Georgetown 35 Joint Venture was the owner of the Assessed Property at the time of the original assessment; and WHEREAS, the current owner of the Assessed Property is 1994 Land Fund II - Dallas, I L.P.; and WHEREAS, on January 9, 1996, the City Council approved the preliminary plat for resubdivision of the Assessed Property ("Preliminary Plat") as identified in the attached Exhibit "A" to this ordinance; WHEREAS, on January 23, 1996, the City Council approved the abandonment of existing right of way located on the Assessed Property in exchange for new right of way identified on the Preliminary Plat; and WHEREAS, on January 23, 1996, the City Council approved dedication of parkland as identified on the preliminary plat; and WHEREAS, the Owner has requested that the full assessment be reapportioned on a pro rats basis according to the square footage of the remaining acreage in Lots 1 through 10, and excluding the acreage of the right of way and parkland dedications;. and East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 1 of 3 DRAFT WHEREAS, the City Council has determined that the reapportionment of the assessment 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 the following policies of the Century Plan - Development Plan Element: 1. Transportation Policy 15, which states: "The City will encourage a transportation system that provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals;" 2 Economic Development Policy 1 which states: "The City will encourage a diversified growth and promote business opportunities to create jobs, broaden the tax base and minimize the impact of economic fluctuations;" 3. Finance Policy 1 which states: "The City will conduct all Municipal operations in an efficient business -like manner;" 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. The assessment of $196,000 as levied in Ordinance No. 93-42 and as amended by Ordinance No. 95-59 will remain due and payable on the lots identified on the Preliminary Plat will be subject to payment of the full assessment of $196,000 until such time as a final plat of the property, is approved and recorded in the Plat Records for Williamson County, Texas. Upon approval of the final plat, each lot will be subject to payment of $_ per square foot as it pro rata share of the assessment as specifically identified in this Section. (This information will be included when received from the surveyor for the owner) Lot # Acreage Square Feet Assessment Amount 1 2 3 4 5 6 East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. _ Page 2 of 3 7 8 9 10 SECTION 3. Release of the assessment on each lot will be contingent upon payment in full of that lot's portion of the assessment as designated in this ordinance. SECTION 4. Until such time as the final plat is recorded the assessment will still be due and payable on each lot in accordance with the original assessment ordinance 93- 42 and as amended by Ordinance 95-59. SECTION 5. All ordinances and resolution, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 6. 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 7. 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 on approval after passage on second reading. PASSED AND APPROVED on First Reading on the day of , 1996. 1996. PASSED ANDAPPROVED on Second Reading on the day of , ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: Leo Wood, Mayor Council meeting date: 1-23-96 Item No. FF AGENDA ITEM COVER SHEET SUBJECT Authorization for the Mayor to execute a contract with Jonah Special Utility District which will provide for changes in the boundaries of the Certificate of Convenience and Necessity (CCN) and wastewater service in the Jonah Water service area ITEMS Y As you recall, the staff has been working with Jonah for almost a year concerning the adjustments in the CCN line to delineate those areas in which Georgetown or Jonah will provide water service. This was prompted, in large part, with the application of the Katy Crossing Subdivision which requested City water service. At that time, the staff and Council looked at all of the issues surrounding that line, and have since worked with General Manager Carl Lidell concerning a reasonable line to delineate the service areas. In addition, because of the demand for urban -type growth to the east of town, and in order to maintain orderly growth, this agreement authorizes the separation of water and wastewater service. Under this agreement, the City would provide wastewater service within the Jonah Water service area and Jonah would provide water service. As part of this agreement, Jonah agrees to provide water service at urban density, i.e. fireflow; and will do their water service area consistent with our land intensity plan to ensure Georgetown's ability to grow to the east. The agreement that is in your package is a final draft agreement, pending the last-minute reviews by both parties. Should any changes occur, an updated version will be available to you on the dias. ATTACHMENTS Proposed final draft agreement ed by: Bob Hart, City Manager DRAFT FOR REVIEW ONLY DATE: January 18, 1996 TIME: 12:00 P.M. WATER SERVICE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND JONAH WATER SPECIAL UTILITY DISTRICT This agreement (the "Agreement") is executed between the City of Georgetown, Texas ("Georgetown" or the "City") and Jonah Water Special Utility District ("Jonah") for the purposes and consideration set forth herein. RECITALS WHEREAS, Georgetown is a home rule municipal corporation organized in accordance with the laws of the State of Texas; and WHEREAS, Jonah is a special utility district organized in accordance with Chapter 65 of the Texas Water Code; and WHEREAS, Georgetown and Jonah are both "retail public utilities" as defined in section 13.002 of the Texas Water Code; and WHEREAS, Georgetown has been issued Certificate of Convenience and Necessity ("CCN") No. 12369 by the Texas Natural Resource Conservation Commission ("TNRCC") to provide water utility service for certain areas within Williamson County, Texas; and WHEREAS, Jonah has been issued CCN No. 10970 by the TNRCC to provide water utility service :for certain areas within Williamson County, Texas adjacent to Georgetown's CCN area; and WHEREAS, Georgetown and Jonah desire to transfers certain areas within Jonah's present CCN area to Georgetown to accommodate higher density development of the area; and WHEREAS, Georgetown and Jonah desire to provide a mechanism for orderly transfer of water utility service area as development occurs in other areas; and WHEREAS. Georgetown and Jonah desire to maintain system interconnects between their respective wager supply systems. and r WHEREAS, Georgetown and Jonah desire to provide the basis for the development of a regional water supply system; and WHEREAS, Georgetown and Jonah both have contracts with the Brazos River Authority for construction. of a raw water supply pipeline from Lake Georgetown to Lake Stillhouse Hollow; WHEREAS, Jonah does not provide wastewater utility service; and WHEREAS, Georgetown provides wastewater utility service within its corporate limits; and WHEREAS, Georgetown and Jonah desire to provide a mechanism for division of water and wastewater utility service in certain areas of Georgetown's extraterritorial jurisdiction CETJ"); and WHEREAS, Georgetown's construction of a new wastewater treatment plant at the confluence of Berry Creek and the San Gabriel River south of FM 971 is critical to continued economic development of the general area that is the subject of this Agreement; and WHEREAS, Georgetown and Jonah entered into a Purchase Contract dated April 10, 1990 for the transfer of certain portions of Jonah's water supply system to Georgetown; and WHEREAS, Georgetown and Jonah entered into an Agreement for the Bulk Sale and Purchase of Water dated December 20, 1990 for the sale of water to Jonah by Georgetown; and WHEREAS, Georgetown and Jonah have, subject to subsequent disapproval by the TNRCC, through good faith negotiations resolved issues concerning the scope, conditions, and limitations on transfers of CCN areas; NOW, THEREFORE, Georgetown and Jonah enter into this Agreement for the purposes and consideration set forth herein as follows: I. PARTIES 1.1 This Agreement is entered into by and between the City of Georgetown, Texas and Jonah Water Special Utility District. II. TERM OF AGREEMENT 2.1 This Agreement shall remain valid and enforceable until superseded by subsequent aL,reement. Jonah/Georgetown Regional Water Agreement Page 2 of 9 2 III. CURRENT TRANSFER OF WATER UTILITY SERVICE AREA AND EMERGENCY SALE OF WATER 3.1 Jonah agrees to transfer to Georgetown the right to provide water utility service to the certain acreage within Jonah's certificated water utility service area, which acreage includes approximately _ total acres, and also includes the proposed Katy Crossing Subdivision on 117 acres with 488 planned service units. The specific area to be transferred is described in detail in Exhibit attached hereto. 3.2 Jonah agrees to request dual certification of one portion of Jonah's certificated water utility service area, which acreage includes approximately total acres, located north of FM 971 between County Road 151 and County Road 152. The specific area to be transferred is described in detail in Exhibit _ attached hereto. Jonah and Georgetown agree that current customers of Jonah in this dually certificated area will be retained by Jonah at their current service level and that customers can later transfer service to Georgetown at such time as the customers may choose to do so. 3.3 Within sixty (60) days of the effective date of this Agreement Georgetown and Jonah will file :individual applications with the TNRCC to amend their respective Cans to reflect the transfer of the Katy Crossing Property water utility service area. 3.4 .Jonah agrees not to initiate legal action under 7 U.S.C. § 1926(b) for any matter related to this Agreement. 3.5 Georgetown will allow Jonah to interconnect with the 16" water line initially installed to serve the Crystal Knoll subdivision. The interconnect location is generally described on Exhibit _, specifically at the East edge of the Keen property at the intersection of County Road 152 and FM 971 (the "FM 971 Emergency Interconnect"). 3.6 Georgetown will allow Jonah to interconnect with the " water line located on Rabbit Hill in the southern portion of Georgetown's water service area. This second interconnect location is generally described on Exhibit 3.7 In the event of an emergency, which means unforeseen equipment or system failure or lack of sufficient water resources which results in the inability of Jonah to adequately serve its customers, Georgetown will sell water to Jonah at the then current rate charged by Georgetown to its retail residential customers, with any such emergency sales being subject to Georgetown having available surplus water capacity at the time of a request for emergency water under this section. Jonah/Georgetown Regional Water Agreement Page 3 of 9 IV. TRANSFER OF WATER UTILITY SERVICE AREA 4.1 Jonah will provide water service to areas within its CCN service area, but also within Georgetown's ETJ, that meets Georgetown's firefly requirements (residential, commercial, and industrial) as defined in Exhibit . Jonah will provide the required overhead water storage capacity, to meet the firefly requirement for those areas within Georgetown's ETJ which Jonah serves. 4.2 Jonah agrees to transfer a portion of Jonah's water CCN service area to Georgetown's water CCN service area, subject to approval by the Texas Natural Resource Conservation Commission, as shown on the map attached as Exhibit V. REGIONAL WATER SUPPLY SYSTEM 5.1 Georgetown and Jonah agree to pursue creation of a regional water supply system as partners. 5.2 Jonah agrees to participate in the Trans -Texas Study and the Regional Water Plan in anticipation of becoming a partner in a regional water system including Georgetown. 5.3 If Georgetown's water treatment plant is integrated into a regional water system, Jonah shall have the option of becoming an equity partner in that plant. As an equity partner, Jonah shall pay its pro-rata share construction and operation costs associated with the water treatment plant,. 5.4 If Jonah chooses to participate in a regional water system, Georgetown agrees that Jonah shall have the option to utilize the FM 971 Emergency Interconnect as the delivery point for Jonah's treated water from the. Georgetown water treatment plant if Jonah becomes an equity partner in that water treatment plant as stated in Paragraph 5.3. In order to compensate Georgetown for maintenance of the transmission facilities up to the delivery point, Jonah shall pay a wheeling charge to Georgetown for use of Georgetown's water line for transmission. At such time as expansions are needed to the transmission facilities, Georgetown and Jonah will pay their pro rata share of the costs of the construction of this additional water transmission capacity. 5.5 Nothing in this Agreement shall be construed to prevent other entities from becoming partners with Georgetown and Jonah in a regional water supple system. Jonah/Georgetown Regional Water Agreement Page 4 of 9 4 DIVISION OF WATER AND WASTEWATER UTILLTY- SERVICE 6.1 In consideration of Jonah's agreement to transfer a portion of its water CCN service area to Georgetown, its commitment to provide water service to meet firefly levels as agreed in Section IV of this Agreement, and its commitment to participate in a regional water supply system, Georgetown agrees to provide wastewater service separate from the provision of water service, subject to the terms of this Agreement. 6.2 As a part of the City's Wastewater Master Plan, the City is planning to make wastewater service available through systematic expansions of the City's wastewater utility system within the City's Century Plan Planning Area, but outside the City's water CCN, and within Jonah's water CCN, where such expansions are in the long-term best interest of the City. 6.3 Any expansions of wastewater. service by Georgetown in Jonah's water CCN service area shall be made in accordance with the City's Utility Extension Policy, and in conformance with the City's Wastewater Master Plan. 6.4 Jonah agrees to support Georgetown's permit application for, and construction of, a wastewater treatment plant at the confluence of Berry Creek and the San Gabriel River south of FM 971, which is within Jonah's water service CCN area. 6.5 Jonah understands that Georgetown as a regular course of business disconnects water service when wastewater service is not paid. As a consideration of Georgetown's agreement to separate water and wastewater service under this agreement, and understanding the City;s need to retain the ability to repay its costs of operation. Jonah agrees to require all water customers who are also Georgetown water customers to be contractually bound to pay.. their Georgetown wastewater bill or their water service from Jonah will be disconnected for non- payment for wastewater service to the same service address. 7.1 If either party breaches any term or condition of this Agreement, the non -breaching party may, at its sole option, provide the breaching party with a notice of the breach within thirty (30) days of discovery of the breach by the non -breaching party. Upon notice of breach, the breaching party shall have ten (10) days to cure the breach. If the breaching party does not cure the breach within the ten (10) days, the non -breaching party shall have the right to enforce specific performance of this Agreement by the breaching party. The rights and remedies of the parties provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law and under this contract. Jonah/Georgetown Regional Water Agreement Page 5 of 9 5 VIII. MISCELLANEOUS 8.1 This Agreement supersedes any and all prior agreements, written or oral, between Georgetown and Jonah. 8.2 This Agreement shall be binding on Georgetown and Jonah and their successors and assigns. 8.3 This Agreement is the entire agreement between the parties with respect to the subject matter hereof. No modifications of this Agreement shall be of any force and effect whatsoever, excepting a subsequent modification in writing signed by both parties. 8.4 Any notice required or permitted to be given under this Agreement by one party to the other shall be in writing and the same shall be deemed to have been served and given if (i) delivered in person to the address set forth below for the party to whom the notice is given; (ii) placed in the United States mail by certified mail, return receipt requested, addressed to the party to whom the notice is given at the address set forth below; or (iii) deposited in the custody of Federal Express Corporation to be sent by Federal Express overnight delivery, addressed to the party to whom the notice is given at the address set forth below. Any notice transmitted in the manner provided above shall be effective upon its deposit into the custody of the United States Postal Service or Federal Express Corporation as applicable. All notices shall be effective upon receipt. The address for Georgetown for all purpose under this Agreement and for all notices herein shall be: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 The address for Jonah for all purposes under this Agreement and for all notices herein shall be: General Manager Jonah Water Special Utility District Route 1. Box 112-B Georgetown, Texas 78626 From time to time either party may designate another address within the United States for all purposes of this Agreement by giving the other party not less than ten (10) days advance written notice of such change of address in accordance with the provisions hereof. Jonah/Georgetown Regional Water Agreement Page 6 of 9 6 8.5 Captions are included solely for convenience of reference and if there is any conflict between captions and the text of the Agreement, the text shall control. 8.6 Whenever the context requires, the gender of all words herein shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and the plural. 8.7 This Agreement was prepared and drafted jointly by legal counsel representing Georgetown and Jonah. 8.8 Unless otherwise specified and adopted, references in this Agreement to "paragraphs" or "subparagraphs" refers to the paragraphs and subparagraphs in this Agreement. 8.9 All exhibits and maps attached hereto are incorporated herein by reference for all purposes. 8.10 This Agreement shall be construed under and in accordance with the laws of the State of Texas. 8.11 Any action at law or in equity brought to enforce or interpret any provision of this Agreement shall be brought in a state court of competent jurisdiction with venue in Williamson County, Texas. 8.12 If any provision contained in this Agreement shall for any reason be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 8.13 'The parties hereto covenant and agree that they shall execute and deliver such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the intent of this Agreement. 8.14 This Agreement may be executed in multiple originals, either copy of which shall be considered to be an original, by the Mayor of the City of Georgetown, Texas and by the President of the Jonah Water Special Utility District. 8.15 This Agreement shall be effective on the date of execution below. 8.16 The signatories hereto represent and affirm that they are authorized to execute this Agreement on behalf of the respective parties hereto. Jonah/Georgetown Regional Water Agreement Page 7 of 9 7 8.17 Either party to this Agreement who is the prevailing parry in any legal proceeding against the other party, brought in relation to this Agreement, shall be entitled to recover court costs and reasonable attorney's fees from the non -prevailing party. EXECUTED AND AGREED TO by the parties hereto this day of 1996. ATTEST: CITY OF GEORGETOWN, TEXAS 0 Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney Leo Wood, Mayor JONAH WATER SPECIAL UTILITY DISTRICT Ift Carl Lidell, General Manager Jonah/Georgetown Regional Water Agreement Page 8 of 9 8 ATTEST: Secretary for Jonah S.U.D. APPROVED AS TO FORM: Charlie Crossfield Attorney for Jonah S.U.D. STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This Agreement was acknowledged before me on the day of , 1996 by Carl Lidell, a person known to me, in his capacity as General Manager of Jonah Water Special Utility District, on behalf of said special utility district. Notary Public in and for the State of Texas Jonah/Georgetown Regional Water Agreement Page 9 of 9 9 Council meeting date: January 23, 1995 Item No. GG AGENDA ITEM COVER SHEET SUBJECT First reading of an ordinance amending Ordinance 95-42. ITEM SUMMARY: This ordinance is amending Ordinance 95-42, the electrical ordinance. When Ordinance 95-42 was adopted the exhibit A which replaced Section 15.16, the Electric Code, was not included. There have also been a few changes in order to better clarify the building inspector and their duties. SPECIAL CONSIDERATIONS FINANCIAL IMPACT CITY ATTORNEY ATTACHMENTS args"01W, Ed Barry, Director of Development Services Marianne Landers Banks, City Attorney Dave Hall, Building Inspector ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCE NO. 95-42 AMENDING SECTION 213, RELATING TO THE BUILDING OFFICIAL, RIGHT OF ENTRY FOR INSPECTION; AMENDING SECTION 3, RELATING TO THE BUILDING STANDARDS COMMISSION, APPEALS FROM CONSTRUCTION CODES; AMENDING SECTION 613 AND 6C RELATING TO THE MECHANICAL CODE; AMENDING SECTION 813, C, AND D RELATING TO THE PLUMBING CODE; AMENDING SECTION 9 RELATING TO THE NATIONAL ELECTRICAL CODE; AMENDING SECTION 12 RELATING TO THE STANDARD UNSAFE BUILDING ABATEMENT CODE; AND AMENDING SECTION 13 RELATING TO THE EXISTING BUILDING CODE; 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 amend, in all respects, the various sections of Ordinance 95-42 relating to the building official, right of entry, building standards commission, appeals from Construction Codes, plumbing, mechanical, National Electrical code, standard unsafe building abatement and the existing building code and; WHEREAS, The City Council has determined that amending Ordinance 95-42 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, January 3, 1996 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 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, Construction Codes Ord. No. Page 1 of 4 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. Ordinance 95-42 is amended to read as follows: "Section 2. Building Official, Right of Entry for Inspection B. Section 2.32.040 of Chapter 2.32 of Code of Ordinances of the City of Georgetown, Texas replaces Section 102.1 of Chapter 1, Administration, of the 1994 Southern Standard Fire Prevention Code, Section R-105, of the CABO One and Two Family Dwelling Code with 1993/1994 amendments as adopted in Appendix C of the 1994 Southern Standard Building Code, with 1993/1994 amendments, Section 103.1 of the 1985 Southern Standard Housing Code, the 1985 Southern Unsafe Building Abatement Code, Section 103 of Chapter 1, Administration, of the 1994 Southern Swimming Pool Code, and Section 102.1 of Chapter 1, Administration, of the 1988 Southern Standard Existing Building Code with 1991 /1994 revisions, Chapter 1, Section 103 of the 1985 Standard Amusement Device Code, Chapter 1, Section 103.2 of the 1994 Standard Mechanical Code, and Section 103.2, Chapter 1, of the 1994 Standard Gas Code, Chapter 1, Section 103.2 of the 1994 Standard Plumbing Code which are hereby deleted in their entirety. Section 3. Building Standards Commission, Appeals from Construction Codes Chapter 2.64 relating to the Building Standards Commission of the Code of Ordinances of the City of Georgetown Code of Ordinances replaces Section 105 of Chapter 1, of the 1994 Southern Standard Fire Prevention Code, Section 108 of Chapter 1 of the 1994 Southern Standard Codes, 1985 Standard Amusement Device, Standard Building, Gas Code, Mechanical, and Plumbing, Chapter 1, Section 105 of the 1985 Standard Unsafe Abatement Code, Chapter 1, Section 106, 1994 Standard Housing Code, Chapter 1, Section 105, 1988 Standard Existing Building Code with 199-1994 revisions and adds Section 109 of Chapter 1, of the 1994 Southern Standard Swimming Pool Code. Section 6. Mechanical Code B. Section 15.08.020 of the Code of Ordinances of the City of Georgetown, Texas, and Section 104.7.1 of Chapter 1 of 1994 Standard Mechanical Code are hereby amended as follows: "A mechanical permit shall not be issued until all fees as set forth by the City Construction Codes Ord. No. Page 2 of 4 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 shall be deleted in its entirety. D. Section 102.2 Employee qualifications of Chapter 1, Administration, of the 1994 Southern Standard Mechanical Code is hereby is deleted. Section 8. Plumbing Code B. Section .15.12.020 of the Code of Ordinances of the City of Georgetown, Texas and Section 104.7.1, Chapter 1 of the 1994 Southern Standard Plumber Code 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'Kif any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems have been paid". C. Sec. 15.12.040 (B) of the Code of Ordinances shall be delated in its entirety. 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 Plumbing Code is hereby deleted. F. Section 102.5, Liability, of Chapter 1- Administration, of the 1994 Southern Standard Plumbing Code is hereby deleted in its entirety. G. Section 103.2.1 of Chapter 1, Administration, of the 1994 Southern Standard Plumbing Code and is hereby deleted in its entirety. Section 9. National Electrical Code A. The 1993 National Electrical Code is hereby adopted by the City Council of the City of Georgetown and Chapter 15.16 of the Code of Ordinances of the City of Georgetown is hereby repealed and replaced with the attached Exhibit A. Section 12. Standard Unsafe Building Abatement Code 1985 Edition Construction Codes Ord. No. Page 3 of 4 Section 13. Existing Building Code B. Section 105, of Chapter 1 of the 1988 Southern Standard Existing Building Code with 1991-1994 revisions is hereby amended to read as follows: SECTION 3. 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 4. 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 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. 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 Construction Codes Ord. No. Page 4 of 4 Leo Wood, Mayor Exhibit "A" Chapter 15.16 ELECTRICAL CODE Sections: Article I. 15.16.010 Enforcement of Ordinance Provisions 15.16.020 Penalty for Violation of Ordinance 15.16.030 Licenses, Permits Required 15.16.040 Supervision of Placement Wires, Etc. 15.16.050 When Wire is to be Disconnected 15.16.060 Reserved Article II. 15.16.070 Definition 15.16.080 Application of Article Provisions to Military Personnel 15.16.090 Categories of Electricians 15.16.100 Supervision 15.16.110 Qualifications - Requirements for Licenses 15.16.120 Application for Licenses 15.16.130 Examinations of Electricians 15.16.140 Permanent Address 15.16.150 Fees 15.16.160 Issuance 15.16.170 Expiration 15.16.180 Renewal 15.16.190 Transfer 15.16.200 Reciprocal Licenses 15.16.210 Revocation of License 15.16.220 Probation, Suspension, Revocation 15.16.230 Hearing and Procedure 15.16.240 Automatic Suspension 15.16.250 Surrender and Return of License 15.16.260 Right of Appeal Article III. Permits and Inspections 15.16.270 Inspection Does Not Relieve Owner Responsibility 15.16.280 Permits Required 15.16.290 To Whom Permits Shall be Issued 15.16.300 Permit Fees 15.16.310 Issuance, Electrical Permit 15.16.320 Construction Power Service, General 15.16.330 Inspections 1 15.16.340 Work Not to be Concealed 15.16.350 Fuses, Breakers to be Installed for Final Inspection 15.16.360 Approval Tag 15.16.370 Defective Workmanship 15.1-6.380 Certificates of Inspection 15.16.390 Effect of Nonconforming Existing Work on Issuance of Certificates of Inspection 15.16.400 Refusal of Certificate of Inspection 15.16.410 Routine Inspection 15.16.420 Commercial Buildings --Raceways Article IV. Technical Provisions 15.16.430 1993 National Electrical Code 15.16.440 Services --Location 15.16.450 Service --Support 15.16.460 Service --Entrance 15.16.470 Service --Mast 15.16.480 Service Lateral 15.16.490 Services 15.16.500 Meters --Types 15.16.510 Meters --Installation 15.16.520 Circuit Wire Sizes, Copper 15.16.530 Aluminum Conductors 15.16.540 Installation of Outlets, Switches, Receptacle Boxes 15.16.550 Outlets --Residential 15.16.560 Grounding 15.16.570 Safeguards 15.16.580 Installation of Cabinets and Panel Requirements 15.16.590 Engineer Seal Required 2 Article 1. General 15.16.010 Enforcement of Ordinance Provisions The administration and enforcement of this ordinance shall primarily devolve upon the City Building Official or his/her representative. They shall have the right to inspect and enter upon all premises and surrounding property and the public as a whole when applying current state law allowing right of entry. The Police Department, City Electrical Department and the Fire Department shall also be charged with the enforcement of this ordinance and shall, so far as possible, act to enforce this ordinance. 15.16.020 Penalty for Violation of Ordinance Any person who shall violate any of the provisions of this ordinance or who shall fail to comply with the requirements of this ordinance, shall be deemed guilty of a misdemeanor. Each and every day's continuance of any violation of the provisions of this ordinance shall constitute and be deemed a separate offense. In case of any such corporation, the officers and agents, and person or persons actually performing the work for such corporation shall be subject to the penalties herein provided. Any person violating any provision of this ordinance or the 1993 National Electrical Code is subject to punishment as provided in Section 1.08.010 of the City of Georgetown Municipal Code. 15.16.030 Licenses. permits Required No person shall enter upon the erecting, construction, alteration or change of any electrical installation; work, wiring or fitting or electrical machinery covered by this ordinance until such person shall have first secured a Masters license and permit as required by this ordinance. 15.16.040 Supervision of Placement of Wires, Etc The City Electrical Department or a regular franchised utility company, is hereby authorized, empowered, and directed to have general supervision over the placing, stringing or attaching of telegraph, telephone, electric light or other wires and cables, and the placing of all poles and appliances, within their own system, so as to prevent fires, accident or injury to persons or property; to cause all such wires and electric lights to be so placed, constructed, and guarded as not to cause fire, accident, or endanger the life or property of any inhabitant of the city; and all such lights and wires or electrical apparatus now existing, as well as those hereafter constructed and placed, shall be subject to such supervision. 15.16,050 When Wire is to be Disconnected A. In time of fire, severe weather conditions, or other emergency, wherein the safety of lives or property may be endangered by the continued operation of electrical service wires or apparatus providing electrical current, such may be ordered disconnected by the City Electrical Department, the Mayor, the Fire Marshall, or the 3 Chief of Police. Any such order shall be binding on every person owning or controlling such wire or apparatus and such wires or apparatus as may be designated by any of the above authorized officials shall be promptly disconnected and left disconnected until authorization from the City Building Official or designee is given to the electrical utility company for reconnection. B. The City Utility Department shall request the electrical service to be disconnected from any building and/or premises, except private residences and/or apartment buildings used as residences, each time such buildings or premises have a change of occupants and shall not be reconnected until authorized by the City Building Official or designee. C. The City Utility Billing Department shall request the electrical service be disconnected or private residences and/or apartment buildings when the occupant or owner, or the City Building Official or designee requests such action. The utility company shall riot again supply electricity to such residence and/or apartment building until authorized to do so by the City Building Official or designee. D. The owners and/or the new occupants of such disconnected buildings and/or premises shall make application to the City Building Official or designee for the inspection. The fee for such inspection shall be set by the City Council. The electrical inspector shall make the inspection as soon as practicable, exclusive of Saturdays, Sundays, and holidays, from the time such application is made. 15.16.060 Reserved ARTICLE Il. Licenses Division A. Generally 15.16.070 Definition For the purpose of this article, the "Board" shall mean the Electrical Board Examiners of the City. 15.16.080 Application of Article Provisions to Military Personnel Any holder of any valid, unexpired electrical license issued by the City, under the terms of this ordinance who becomes, or has become a member of the Armed Forces of the United States of America, is hereby exempt from the payment of any renewal on their license so long as they remain in such armed forces, and for six months after their discharge therefrom. Any person coming under this section who shall make application to the City Building Official or designee for the same type of license held by him at the time he entered the armed forces within the six month period from discharge, shall be issued such license upon the payment of the renewal fee for the year such application is made. 15.16.090 Categories of Electricians An electrical license is required for each of the following categories of electricians and only those duties or tasks outlined thereof are authorized to be 4 performed by that licensee. A. Master Electrician The Master Electrician's license shall entitle the holder thereof to contract for and engage in the business of installing, erecting, or repairing electrical wires, conductors, devices, systems or instruments and construction according to this ordinance. The Master Electrician shall be entitled to employ Journeyman Electricians, Journeyman Electrician Restricted, and Apprentice Electricians in the performance of work for which their license authorizes them to do. He/she shall be required to pass an examination required for a Master Electrician. B. Journeyman Electrician A Journeyman Electrician's license shall entitle the holder to work as an electrician for and under the holder of a Master Electrician's license, according to the provisions of this ordinance. He/she shall be under the general supervision of a Master electrician. He/she shall be required to pass an examination required for a Journeyman Electrician. C. Journeyman Electrician (Restricted) A Journeyman Electrician (Restricted) license shall entitle the holder to do work as an electrician for and under the holder of a Master Electrician's license according to the provisions of this ordinance as it applies to dwelling units only and further restricted to 115-230 volt, single phases service installations of 200 amperes or less. He/she shall be under the general supervision of a Master Electrician. He/she shall be required to pass an examination required for a Journeyman Electrician as it applies to dwelling units and 115-230 volt, single phase service installations of 200 amperes or less. D. Building Maintenance Electrician A Building Maintenance Electrician's license shall entitle the holder thereof to maintain and repair electrical installations in a particular building or buildings, for a designated employer according to the provisions of this ordinance, but shall not entitle him to otherwise engage himself as either a Master Electrician or Journeyman Electrician. The holder of a Building Maintenance Electrician's license shall be entitled to repair and maintain electrical wiring, apparatus, equipment, and machinery upon the premises specifically covered by his/her license, with such employers use or occupation of the premises or business conducted thereon. This will allow replacing equipment with like equipment but shall not allow performing work that requires a permit or produces additional load. He/she shall be required to pass an examination 6 required for a Building Maintenance Electrician. E. Apprentice Electrician The holder of an Apprentice Electrician license shall be entitled to engage himself in the employ of any holder of a Master Electrician license and shall work only under the direct supervision of a Master Electrician, Journeyman Electrician, or Journeyman Electrician (Restricted). The supervisor of an Apprentice Electrician shall be present at the job site with the Apprentice at all times. 15.16.100 Supervision A. All work shall be done under the general supervision of a licensed Master Electrician. B. No more than six Apprentice Electricians shall be supervised by the same supervisor at the same time. 15.16.110 Qualifications- Requirements for Licenses A. Master Electrician- Persons applying for a Master Electricians license shall be at least 21 years of age and shall be required to furnish suitable evidence showing the applicant has a total of six (6) years experience, three (3) years of such experience shall be as a Journeyman Electrician. Master Electricians shall be required to maintain a permanent mailing address and a working telephone answered by a competent person or an answering device which is checked daily. B. Journeyman Electrician- Persons applying for a Journeyman Electrician license shall be at least 18 years of age and shall be required to furnish suitable evidence showing the applicant has a total of four years experience. The time spent earning an associate degree of an electrical course at a state technical training school shall count as two years experience towards the four year requirement. A successfully completed four year apprentice program approved by the Department of Labor will also fulfill required qualifications. C. Journeyman Electrician (Restricted)- Persons applying for a Journeyman Electrician (Restricted) license shall be at least 18 years of age and shall be required to furnish evidence of two years qualification as an Apprentice Electrician. D. Building Maintenance Electrician- Persons applying for a Building Maintenance Electrician license shall be required to furnish the same evidence of qualifications as a Journeyman Electrician. E. Apprentice Electrician- Persons applying for an Apprentice Electrician license need only complete an application and pay fees. no 15.16.120 Application for Licenses A. Every application for an original license or any character of renewal license shall be made upon a form furnished by the City Building Official or designee with -an application fee of $10.00 to be paid. B. Every application for any of such licenses shall state the full name, date of birth, weight, height, color of eyes, color of hair, sex, residence address, business address, and TX; Driver's License number of the applicant. Every original application for a license shall specify the experience of the applicant and shall state whether the applicant has been licensed as an electrician, and if so, when and by what state, country, or city; whether any such license has ever been suspended or revoked; whether an application has ever been refused and if so, the date and reason for such suspension; revocation or refusal. C. Any applicant for a renewal Master Electrician's license may elect to apply for an inactive Master Electrician's license. An inactive Master Electrician may not secure permits to preform electrical contracting work. However, an inactive Master Electrician licensed under this chapter may be licensed as a Master Electrician upon payment of the Master Electrician's renewal fee for current year at time of renewal. This clause would lapse after (5) five years unless this applicant can show proof of continued work in this field. 15.16.130 Examinations of Electricians (A) An examination for a master's license shall be of such a nature as to show the applicant's satisfactory knowledge of the current 1993 National Electrical Code, and its amendments and other recognized requirements pertaining to electrical work, and his/her ability to correctly diagram and to instruct other persons in the making of practical electrical installations with correct sizes and values of required materials and devices. (B) An examination for any other category of license shall be of a such a nature as to show the applicant's satisfactory ability to follow written and verbal instructions and satisfactory knowledge of the 1993 National Electrical Code, as adopted, and recognized requirements pertaining to electrical work he/she is required to perform under the license sought. (C) If the applicant desires to do electrical work only in a restricted field provided for in this chapter, he/she shall be required to pass a special examination applicable only to that restricted field. (D) Examinations for license shall be held in an area approved by Southern Building Code Congress International "SBCCI' . (E) The Electrical Board shall approve the type of examination given and 7 shall be satisfied that every applicant for a license is qualified for an examination and licensing. All applications for examinations shall be filed with the City Building Official or designee at least 10 days prior to the date of examination. (F) Re-examinations are set by SBCCI while meeting the local requirements. 15.16.140 Permanent Address Each holder of an electrical license of any class issued by the City under the provisions of this article shall furnish the City Building Official or designee with his/her current mailing address. Licensee shall also provide any changes to his/her address within 30 days of such changes. 15.16.150 Fees Licenses to be issued under the provisions of this article shall be issued only after the payment and collection of the following fees: CLASS Master Electrician Journeyman Electrician Journeyman Electrician (Restricted) Building Maintenance Electrician Apprentice Electrician Master Electrician (Inactive) 15.16.160 Issuance ORIGINAL '"RENEWAL $200.00 $75.00 10.00 5.00 10.00 5.00 10.00 5.00 2.50 2.50 10.00 When an applicant for a license has fully complied with all provisions of this article, the Electrical Board shall cause to be issued to such applicant the license applied for. Applicant shall be required to have his/her license in his/her possession while on the job. 15.16.170 Expiration Every license issued under the provisions of this article shall expire on the st day of December following the day of issuance. 15.16.180 Renewal Each licensee under the provisions of this article shall be entitled to renew his/her license upon the payment of the renewal fee set forth in 15.160.150, provided such payment is made on or before the expiration date. A. If a licensee permits his/her license to expire, he may renew his/her license within six months of expiration, by paying the amount of an original license fee. B. If a licensee is not renewed within six months of the expiration date, an amount equal to the sum of an examination fee, plus an original license fee shall be required to be paid and the license shall be re -tested. C. If a license is not renewed within one year of expiration date, the licensee shall be required to retest with all applicable fees. D. Reciprocal licensing has the same requirements for renewal as Paragraphs A & B above. If license is not renewed within one year of the expiration date, the original licensing requirements will apply and the provisions of 15.16.200 will apply. 15.16.190 Transfer It shall be unlawful for any person to transfer his/her electricians license or to allow the use of this license directly or indirectly by another persdTi for the purpose of obtaining a permit to do electrical work. It shall also be unlawful for any person not holding a license to use the license of another for purpose of doing electrical work or securing a permit to do electrical work. 15.16.200 Reciprocal Licenses Electricians holding a currently valid license issued by another city located within the State of Texas may apply for and receive a similar license from the City of Georgetown, Texas without taking an examination, provided the following conditions are fully complied with: 1. Such electrician shall submit an application for a reciprocal license and shall submit evidence satisfactory to the secretary of the Electrical Examiners Board of the City of Georgetown, Texas, that his/her electrician's license was issued by and from another city within the State of Texas, and that such electrician presently and properly holds a current valid electrician's license from and by such city, and further, that the city which issued said electrician's license does and is, as an act of mutual reciprocity, under said other cities ordinances, honor and accept electrician's licenses issued by the City of Georgetown, Texas, and does permit, and is permitting, such electricians licensed by the City of Georgetown, Texas, to apply for and obtain similar electrician's licenses and in fact, does perform electrical work within the city limits of said other city of the State of Texas. Applicants shall furnish evidence from the issuing City that the license is valid and applicant is not and has not ever been the subject of a revocation, denial or suspension. The City of Georgetown will not issue a reciprocal license to an applicant unless he/she holds a current valid license issued originally by a city meeting the requirements stated in this ordinance for a reciprocal agreement with the City of Georgetown, Texas. Applicants must have been licensed with that city for a period of one year and passed a SBCCI Texas Standard Electrical Examination. 2. Such electrician licensed by another city shall pay the fee required for licensing under the electrical ordinance of the City of Georgetown, and said electrician shall comply with all other requirements of said electrical ordinance, save and except, that such electrician shall not be required to take any type of examination. 3. The City Building Official or designee of the City of Georgetown, Texas, shall keep an accurate and current record of the names of all cities with which Georgetown, Texas, reciprocates. 4. The word "reciprocal" shall appear on all licenses issued under provisions set forth in this section. 15.16.210 Revocation of License A. An electrical license of any class issued by the City under the provisions of this ordinance may be suspended or revoked upon the unanimous decision of the Electrical Board. B. Licenses may be suspended or revoked should the holder violate any provisions of the 1993 National Electrical Code, State Law or City Ordinance or regulation relating to or governing electrical wiring, repairing or construction. In the event termination of a suspension or revocation of an electrical license should fall within the next licensing year, the electrician shall be required to pay for that new licensing year in full. C. No license shall be suspended or revoked unless the license shall have been given an opportunity to appear and be heard by the Board. The licensee shall have at least ten (10) days written notice specifying the reason(s) for suspension or revocation. D. Certain Acts Prohibited It shall be a violation of this Code for any person: a. To display, permit to be displayed or to have in one's possession, any instrument supporting to be a license issued pursuant to this Code, knowing such instrument to be fictitious, cancelled, suspended or altered. b. To knowingly lend, transfer or permit the use of any license for the purpose 10 of performing or obtaining a permit for electrical work, to any person not entitled thereto under the provisions of this Code. C. To fail or refuse to surrender to the City Building Official or designee, on demand, an electrician's license which has been suspended or cancelled as provided by law. d. To apply for, or have in one's possession, more than one (1) current license of the same type provided for in this Code. e. To use a false or fictitious name or address in any license application, renewal, or duplicate request, or knowingly make a false statement, conceal a material fact or otherwise commit fraud in making said application, renewal or duplicate request. f. To employ as a Master, Journeyman, or Apprentice Electrician any person not then licensed as provided in this Code. g. To perform any electrical work requiring a license, without said license or while said license is suspended or cancelled. h. To perform electrical work in any manner in violation of any restrictions imposed on a licensee. i. To perform electrical work as a Journeyman or Apprentice Electrician on a job while not in the employ of the Master Electrician of record of said job. j. To fail to request a final inspection upon completion of all electrical wiring and installation requiring a permit. 15.16.220 Probation, Suspension, Revocation a. The Board may place a licensee on probation or suspend any electricians license issued by the Board for a periods of not more than one (1) year, or revoke said license, after determining at a proper hearing, as set out in this section, that the licensee has violated any provision of this Code, state law, City Ordinance or regulation relating to or governing electrical wiring, repairing or construction, including, but not limited to: 1. Permitting an unlawful or fraudulent use of said license. 2. Habitually violating this Code. (Habitual shall mean three (3) or more separate violations within a one year period.) 3. Failing or refusing to make corrections necessary to cure defects in electrical work performed in violation of this Code. 11 4. Performing any electrical work in violation of this Code or the 1993 National Electrical Code which is found to be the cause or a contributing cause of a fire, whether or not there is any, actual damage or loss. 5. Performing any electrical work in violation of any restrictions imposed on a license. (b) If a licensee who has been placed on probation by the Board shall violate any of the provisions contemplated above while serving said probationary period, then said licensee shall have his/her license automatically suspended pursuant to 16.15.240 below. 15.16.230 Hearing and Procedure A. In determining charges pursuant to section D the Board shall proceed upon a sworn complaint furnished it by the City Official, or by any person aggrieved by the action (s) of an electrician in the performance of electrical work for which an electrical permit is required by this Code. B. Complaints shall be in writing and verified by the person familiar with the facts therein. Three (3) copies of the same shall be filed with the City Secretary who shall retain one (1) copy for the official records of the city shall convey two (2) copies to the Board. C. The Board, if it deems the information sufficient to support further action on its part, shall order a hearing which shall be open to the public. D. A copy of the order and complaint shall be served upon the accused by registered mail no less than ten (10) days before the scheduled date of the hearing. E. The accused shall appear in person, by counsel, or both, at the time and place named in the order and make his defense to the same. The City Attorney and the accused shall be entitled to present evidence and argument at said hearing. F. If the accused fails or refuses to appear at said hearing, the Board may proceed to hear and determine the charges in his/her absence. G. If the accused admits the truth of the charges, and the Board by vote of four (4) or more of its members shall find them to be true, it may enter an order suspending the license of said electrician. H. The Board shall have the power, through its chairman or secretary, to administer oaths and to compel the attendance of witnesses before it by subpoena issued over the signature of the chairman. I. When the Board has completed said hearing and made its decision, it shall 12 cause one (1) copy of its decision to be filed with the City Building Official or designee, one (1) copy with the City Attorney and cause a certified copy thereof to be forwarded to the affected license holder. 15.16.240 Automatic Suspension Notwithstanding, Complete sections 15.16.040, through 15.16.210 above. (a) The license of any person shall be automatically suspended upon determination by the Board that said licensee has committed any of the following offenses: (1) Taking out a permit in the name of person authorized to do the electrical work and thereafter permitting a person not authorized by this Code to perform the electrical work. (2) Tampering with, diverting from or in any way interfering with the proper action or registration of any electric meter. lw (3) Violating any provision of this Code, State law, City Ordinance or regulation relating to or governing electrical wiring, repairing, or construction while on probation imposed by the Board. (b) Suspension provided for in this Code shall in the first instance be for a period of six (6) months. For subsequent offenses said suspension shall be for a period of one (1) year. (c) The suspension of any license shall be automatically extended for a like period as the original suspension upon a final determination by the Board that a licensee has been performing electrical work while his/her license is suspended. Said suspension extension shall be in addition to any other penalty assessed, as provided in this Code. (d) Automatic suspensions are appealable in accordance with section 15.16.260 below. 15.16.250 Surrender and Return of License Any license which has been suspended pursuant to this Code shall be surrendered to and retained by the City Building Official or designee. At the end of the period of suspension, the surrendered license shall be returned to the licensee and be valid under the provisions in this Code, provided: (a) no further violations of this Code are committed by licensee during the 13 suspension period; and (b) if the period of suspension extends beyond the normal expiration date of said license, the licensee has paid all license fees and/or posted all surety bonds in accordance with this Code. 15.16.260 Right of Appeal Any person denied a license or whose license has been suspended or revoked by the Board, shall have the right to request a hearing before the City Council. Said request must be filed within ten (10) days of receipt of said denial, suspension or revocation specifying the reason(s) therefor. The City Council shall set the matter for hearing upon fourteen (14) days written notice to the aggrieved person. The City Council shall determine, whether in accordance with the provisions of this Code, there is substantial evidence to support the Board's decision. ARTICLE III. Permits and Inspections W. 15.16.270 Inspection Does Not Relieve Owner Responsibility This article shall not be construed to relieve from or lesson the responsibilities of any person who owns, operates, or installs electrical wires, appliances, apparatus construction, or equipment for the damage to property or persons, injured by any defect therein nor shall the City or any agent thereof be deemed to assume any such liability by reason of the inspection authorized herein or the certificate of inspection issued by the City Building Official or designee. 15.16.280 Permits Required (A) No person shall commence the erection, construction, alteration or change of any electrical installation, machinery, apparatus, work or wiring in the City until a permit has been issued by the City Building Official or designee covering each installation to be made. When a service of 110 amperes demand or more is required, a wiring diagram showing feeder details may be required and approved by the City Building Official or designee before a permit will be granted. (B) When any wiring or apparatus is installed in such a manner that the same could be used for electric light or power purposes, it shall be deemed that the wiring or apparatus is used for such purposes and permit shall be required and inspection made as provided for such purpose. (C) It shall be unlawful for the City Electric Department to do any wiring of any nature in or on any building, except power houses and substations of electric light, 14 heat and power companies operating under a franchise granted by the City, for which a permit has not been issued, or to make any electrical connections to any building or electrical wiring or apparatus until a certificate of inspection or written statement authorizing connection has been issued by the City Building Official or designee. All persons operating under a regular franchise granted by the City shall, upon written notice by the City Building Official or designee, disconnect any circuit, main service wires, branch feeder wires, or distribution system, as designated by such notice, and shall not reconnect such installation except upon written permission from the City Building Official or designee. (D) No permit shall be required for the installation of wires to operate telephone, telegraph or district messenger services. 15.16.290 To Whom Permits Shall Be Issued Permits required by the provisions of this article shall be issued only to those persons who have secured a Master Electrician's License or his/her representative under the provisions of this ordinance or to a person whose home is ownedand occupied by him/her. 15.16.300 Permit Fees (A) Permit fees for Electrical work shall be set forth by the City Building Official or designee and adopted by the City Council. (B) In case any work, for which a permit is required by this chapter, is started prior to obtaining said permit, the fee above specified shall be doubled. The payment of such doubled fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of work nor from other penalties prescribed herein. 15.16.310 Issuance, Electrical Permit The City Building Official or designee shall issue an electrical permit showing the permit number, the building or house number, and the name of the contractor. 15.16.320 Construction Power Service General Construction power services shall be authorized for a period of time necessary for completion, final inspection, and testing of the building or structure's electrical system. This service is not to exceed six months for dwelling unit or one year for commercial or institutional occupancies. An extension may be granted by the City Building Official or designee for up to three months on dwelling unit construction sites and six months on commercial or industrial sites. Construction power service can be 15 ordered disconnected at any time by the City Building Official or designee when the installation is declared unsafe or construction work ceases for a period of one month. Reconnection of construction service thus ordered shall not be reconnected until approved by the City Building Official or designee and a renewal fee is paid to the City utility department. (A) Temporary Construction Power Poles A temporary construction power pole shall be authorized to service not more than one construction site and only when the following requirements are met: (11) The responsible contractor applies for service at the City Utility Office; furnishes the assigned address for the site involved; certifies that a temporary metered construction power pole meeting city standards has been erected on the site within 60 feet of utility pole which is capable of providing the service; and the site has been marked with an address -sign clearly visible from the street. (2) The temporary power pole is to be constructed as per drawing E- 03, of the City of Georgetown Construction Standards and Specifications. See attached "A". Pole shall be long enough in length to be a minimum of 12 to 14 feet above grade after installation. Pole shall be set in the earth, as per attachment "A", and shall be guyed to withstand lateral pressures of the service under normal weather and wind conditions and will provide a 12' clearance over driveways and a 18' clearance over public streets. (3) The temporary power pole shall be grounded as per City of Georgetown requirements and have a metered service of sufficient size to meet the construction needs. Receptacle outlets shall be protected by G.F.C. over current devices compatible with the outlets and all 120 volt single phase outlets protected for human safety„ as required by updated approved version. (B) Permanent Construction Service Permanent construction service may be authorized for a building or structure under construction provided that: (1) The permanent service equipment has been installed and the building is dried -in. (2) The service disconnect and service grounding system has been completed. (3) All construction feeders and branch circuits to be activated are installed and properly safe -guarded from electrical shock and 16 overload. (4) A notice is posted on the main disconnect and all activated main and sub -panels indicating they are in-service and are not to be opened except by the responsible electrical contractor. (5) The system has been inspected and approved by the City Building Official or designee. Permanent construction service will be required on the building or structure prior to final inspection and certification and certification by the City Building Official or designee. 15.16.330 Inspections Inspections by the City Building Official or designee shall be requested by the person performing electrical work for which a permit has been issued. The electrical inspector shall make the inspection as soon as practicable exclusive of Saturdays, Sundays, and holidays. The electrical contractor or the Master Electrician responsible my be required to be present at the construction site during the final inspection. 15.16.340 Work Not to be Concealed Work will not be concealed until inspected and approval given of such work by the City Building Official. 15.16.350 Fuses. Breakers to be Installed for Final Inspection The fuses in the main disconnect switch or the breaker shall be in place when the City Building Official or designee makes the final inspection of the electrical work. 15.16.360 Approval Tag After inspecting any electrical wiring, the City Building Official or designee shall leave notice in the form of a tag or label attached to the service entrance switch; which such notice shall clearly state whether the wiring is approved or is to be kept open for correction. No work shall be concealed until approved 15.16.370 Defective Workmanship Any person engaged in the business of electrical construction or the installation of wiring or apparatus for electric light or power in the City who shall fail to correct any 17 defect or defects in any work done by him after having been notified of such defect or defects by the City Building Official or designee and given a specified period of time within which to make such correction and fails or refuses within such time to correct such defect or defects in conformity with this ordinance or the lawful orders of the City Building Official or designee, shall not be issued any further permits until such defect or defects have been corrected. On any case in which any person shall continue to or persistently violate the provisions of this ordinance or the orders of the City Building Official or designee in relation to the same, the license of such person may be suspended or revoked upon recommendation by the Board. 15.16.380 Certificates of Inspection On the satisfactory completion of the work covered by a permit in accordance with all ordinances and laws, the City Building Official or designee shall issue a certificate of inspection. The certificate of inspection shall certify that the work is in accordance with the rules governing the respective class to which it belongs. 15.16.390 Effect of Nonconformina Existina Work on Issuance .of Certificate of Inspection Where a permit is issued for an addition to existing work, wherein the new work is satisfactorily completed, but the existing work to which it is connected does not conform to the rules laid down by this ordinance, the City Building Official or designee shall issue a written statement to the effect that the new work complies with the rules, but that a certificate cannot be issued because the entire electrical system, of which the existing work is a part, does not comply with the provisions of this ordinance. This statement shall constitute notice to the owner or other interested party that the entire installation does not comply with the provisions of this ordinance and shall itemize the violations of this chapter which prevents the issuance of a completion certificate. 15.16.400 Refusal of Certificate of Inspection The City Building Official or designee is hereby given the authority to refuse to issue a certificate of inspection for any addition, or extension to any electrical wiring in or on any building wherein it is determined that the wiring is in an unsafe condition. The City Building Official or designee shall refuse to issue a Certificate of Inspection and no electric light and power company shall connect electrical current to the same if any violations of this ordinance exist. 15.16.410 Routine Inspection It shall be the duty of the City Building Official or designee to inspect all electrical wiring and apparatus in the city at any time in order to ascertain whether such electrical wiring or apparatus is in any respect dangerous to life or property; and, if any part of such electrical wiring or apparatus shall be found to be in a defective or dangerous condition, the City Building Official or designee shall have the authority to take whatever action is necessary for safety of life and property. City Building Official or designee shall notify the property owner or tenant within a reasonable time of any defect and/or action taken . If the owner of such defective wiring or equipment shall refuse or fail to comply with this requirement, he/she shall be held to be in direct violation of this ordinance. 15.16.420 Commercial Buildings --Raceways (A) All commercial buildings, shall be wired in raceways; (B) All existing commercial buildings and those buildings used as residential -use buildings and there after converted to commercial usage, the requirement for the installation of raceway will be determined on a case by case basis by the City Building Official or designee and/or Electrical Examiners Board. .: ARTICLE IV. Technical Provisions 15.16.430 1993 National Electrical Code The governing edition of the 1993 National Electrical Code shall be that edition accepted by an adopting Ordinance approved by the Electrical Examiners Board and enacted by the City Council for the City of Georgetown. In the installation, construction, erection, repair, and maintenance of all electrical wiring and apparatus, the rules and the requirements of the 1993 National Electric Code, as published by the National Fire Protection Association, together with such requirements and rules as are provided herein, shall be complied with and become a part of this Code. In the event of any conflict between the provisions of this ordinance and the National Electrical Code, the more stringent of the two Codes, as interpreted by the City Building Official or designee, shall prevail. 15,16.440 Services --Location All service entrance wires into a building shall be located at a point on the building specified by the city Electrical Department. Where practical, all service conduits shall be extended through the outside building wall on a street or alley side at such point as will avoid open service wires being placed over roofs or through courts, light and ventilating shafts, and over adjoining property. 19 15.16.450 Service --Support Where service wires enter a building through stucco, tiles, brick or other masonry walls, substantial support for the service wires must be provided, such support to consist of not less than one 5/8 inch galvanized bolt and shall be installed by the contractor during the construction of the supporting wall and the location of same shall be designated by the city Electrical Department. Where service wires enter a building through other type walls, substantial support for the service must be provided, such support to consist of an approved one point terminal insulator of sufficient size to support the service for the distance and size wire involved, bolted through a major structural member of the building or structure and installed prior to the electrical rough -in inspection by the contractor. 15.16.460 Service --Entrance All service entrance wires making overhead entrances into buildings shall be carried in metal conduit with weatherproof service head, and the conduit shall be brought from the entrance to the fuse switch or breaker. The service entrance to the service switch cabinet shall be as short as possible, but in no case greater than three feet within the building without the special permission form the City Building Official or designee. Length of outside service wire extension beyond service head shall not be less than two feet. 15.16.470 Service --Mast A service mast is a service which penetrates a roof or supports a service drop. Wherever a service mast is used, rigid metal conduit or intermediate conduit shall be required. There shall be a continuous conduit above the lowest point of the roof line. All service mast fittings required for a weather proof installation shall be properly installed as required by the City Building Official or designee. 15.16.480 Service Lateral (A) Underground primary service conductors shall be run in 2 inch schedule 40 PVC conduit or better. This conduit shall be placed on top of sand backfill four inches deep (minimum) covered with two inches (minimum) of sand in a trench 36 inches deep (minimum). The trench shall then be filled to grade with select backfill as required by the City Building Inspection Department or City Electrical Department. (B) Where a primary service lateral conduit crosses over or under another utility line, a two inch thick concrete cap shall be poured over the sand bedding encasing the conduit. this concrete cap shall extend one foot, 20 six inches in each direction past the crossover point. (C) No primary service lateral shall be installed less than three feet from any wastewater main when run parallel to the wastewater main. (D) Any service conduit that will be under a driveway slab, shall be encased in four inch PVC Schedule 40 piping or better. (E) Conduit trenches shall be left open until they are inspected and approved by the City Building Inspection Department or the City Electrical Department. 15.16.490 Services (A) Single Occupancy: Less than 1000 Amps If a building is to house only one occupant then a single current limiting service disconnect shall be installed outside or inside of the primary disconnect panel. ftr (B) Single Occupancy, 1000 Amps or More If a building is to house only one occupant, has a total service entrance capacity of 1000 amps or more, and arrangements have been made with the power supplier for the installation of a three-phase padmounted transformer, then multiple service current limiting disconnecting means may be installed, with special permission from the Electrical Examiners Board, at one location outside the building, up to a maximum number of six (6) disconnects. Furthermore, the service disconnecting means may be installed inside the building on the ground floor, In this case, the disconnects shall be located no more than twenty-four (24) inches from the point of the Service Conductors, direct access shall be provided within ten (10) feet of the disconnects from outside the building, and doors leading to the disconnects shall be secured by only a padlock and hasp. Persons wishing to invoke this exception must appear before the Board to defend their purposes for doing so. (C) Multiple Occupancies If a building is to house more than one occupant, each one being individually metered through a separate set of service conductors, then each separate occupant space shall have a single separate current limiting service disconnection means outside the building. Each disconnect is to be housed in its own enclosure, with its own independent handle outside of its enclosure. Each meter shall be considered as a separate occupant. (D) Article 230-71, National Electrical Code, 1993 Edition, is hereby amended by deleting paragraph (a) and substituting the following: (1) General -Maximum Number of Disconnects 21 (Six Hand Rule) Je, APTS. The service disconnecting means for each building permitted by Section 230-2 as amended herein shall consist of not more than six (6) occupants in a building, provisions must: be made not to exceed six (6) disconnecting means outside the building in order that the building may be completely de -energized in six (6) throws or less. In buildings planned to house more than six (6) occupants, this rule shall be adhered to by installing a single service disconnect on the source side of the multiple meters. (Note: Speculative buildings built to house an unknown number of occupants will be considered as being planned to house more than six.) All materials and construction shall meet the standards of the City of Georgetown, Texas. 15.16.500 Meters --Types The City Electric Department shall determine the type of metering and its location. 15.16.510 Meters --Installation (A) The meter shall be installed outside the building unless special permission is granted by the City Electrical Department. (B) Under no circumstances shall any meter be moved or relocated unless authorization is given by employees of the City Electrical Department. (C) The meter shall be placed between (5) five feet and (6) six feet above the finished grade measured to center of meter can. The City Electrical Department will furnish the meter can, but the contractor shall install them. If the height exceeds 6' special permission is required by the City Electrical Department. 15.16.520 Circuit Wire Sizes Copper (A) Wire of size not smaller than No. 12 AWG shall be used for lighting distribution circuits from panels to outlets except as provided herein after. (B) In residential installations No. 14 AWG wire may be used for switch legs serving not more than 600 watts. All utility outlets shall be minimum No. 12 AWG. (C) Control wiring maybe No. 14 AWG wire and must be fused by for not more than 15 amperes. 22 15.16.530 Aluminum Conductors Aluminum and copper -clad aluminum conductors of sizes smaller than No. 6 AWG shall not be used. Aluminum and copper -clad aluminum conductors of sizes No. 6 AWG and larger may be used with approved devices and terminals provided suitable oxidation inhibitors are used on all terminals and splices are made as specified in a UL listing for the device being used. 15.16.540 Installation of outlets, Switches. Receptacle Boxes (A) All lighting outlets, switches, and receptacle boxes shall be rigidly attached to the wood, steel, or masonry framing of the building. (B) All outlet and switch devices installed that are 20A or less in circuits shall be U.L approved and shall be installed by screw type terminations which are made up tight. ,, 15.16.550 Cutlets --Residential (A) For general wiring of dwellings restricted to residential use, including apartments, hotels and motels, not more than ten (10) outlets shall be permitted on any one (1) branch circuit. (B) Small appliance branch circuits are limited to the following receptacle outlets: (no lights): -(Kitchen (refrigerator) circuit #1 2 outlets -Additional kitchen circuit(s) 4 outlets -All other small appliance circuits - 4 outlets serving pantry, breakfast room, dining room and all food preparation areas -All general purpose circuit(s) (including Lights) 10 outlets 15.16.560 Groundina The grounding and bonding methods shall comply with Article 250-80 and 250- 81 of the current 1993 National Electrical Code and as specified by this section for each service installed, including but not limited to; (A) An underground metallic water pipe shall not be used as the only 23 grounding electrode for a service; (B) Primary Electrode: Due to the amount of rock in the Georgetown area, Article 250-81(c), "Concrete -Encased Electrode" shall apply to that of all new construction within the corporate city limits and the ETJ areas where the City of Georgetown supplies and inspects for Electrical service installations; (C) The grounding and bonding systems for the new construction of Commercial and metal or steel structures shall meet the requirements of the most current 1993 National Electrical Code and those as specified here -in; (D) No gas piping shall be permitted to be used for grounding purposes; (E) For that of existing structures where the encasement of the primary electrode in concrete is not feasible for a service up -grade, changeout, repair, or addition of services, at least one (1) grounding electrode of the tyke specified in Article 250-81 and/or 250-83 of the most current 1993 National Electrical Code as adopted shall apply; (F) The interior metal water piping system shall be bonded to the service grounding system with a conductor as per the most current adopted 1993 National Electrical Code, the point of attachment shall be accessible. This requirement shall apply to both new construction and up -grade, changeout, repair, or addition of services of existing structures. 15.16.570 Safe_ uards (A) Color coding of conductors: (1) Single Phase 120/240 Volt System Phase: A Black B Red Neutral White (2) Three Phase 120/240 Volt center tap Delta System. Phase: A Black B Red C Orange (high leg) 24 Neutral White (3) Three Phase 480 Volt Delta System Phase: A Brown B Yellow C Purple (4) Three Phase 120/208 Volt WYE System Phase: A Black B Red C Blue Neutral White (5) Three Phase 277/480 Volt WYE System Phase: A Brown B Yellow C Purple Neutral Natural Gray (B) Article 604, National Electrical Code, 1993 Edition, is hereby amended by adding Section 8 which shall read as follows: 604-8 Color Code (Manufactured Wiring System) All manufactured wiring systems shall be color coded according to this section. Terminal Blocks are to be used in the connection of conductors within gutters. (C) Article 605, National Electrical Code, 1993 Edition, is hereby amended by adding Section 9 which shall read as follows: 605-9 Color Code (Office Furnishing Partition Systems) All office furnishing partition systems shall have their internal wiring system color coded according to this section. 15.16.580 Installation of Cabinets and Panel Requirements (A) All main and branch circuit panels shall be attached to wall or panel mountings with screws, studs, or toggle bolts. (B) All panels installed for electrical disconnecting means shall be installed with spare spaces and raceways for future use: 25 (1) For each panel in residential buildings, a minimum of one (1) spare one -inch raceway shall be installed from the panel to an accessible location in the attic or crawlspace for recessed panels only. All disconnect panels installed in residential occupancies must be large enough to accommodate the present load requirements and have at least three (3) spare circuits for future use. (2) For each panel installed in commercial buildings, the requirements for that of paragraph (1) of this section shall apply, except that all disconnect panels installed in commercial occupancies shall provide at least four (4) spare circuits for future use. 15.16.590 Engineer Seal Required In accordance with the Texas Engineering Practice Act, all drawings pertaining to non -dwelling construction projects of five thousand (5,000) square feet or more shall bear the seal of an engineer registered in the State of Texas. The Chief Electrical Inspector is hereby authorized to require at his/her discretion, said seal to be placed upon drawings for non -dwelling construction projects of lessor square footage. 26 -ATTACHMENT A 0 CL CL THIS SUPPORT SHALL 6E AUGNED IN DIRECTION OF SERVICE PULL x `4 2 X 4 SUPPORT 2 X 4 SUPPORT 4 X 4 POST PLAN VI EW -- 3 - 2 X 4 SUPPORT 0 1:2 SLOPE (TYP) 2 3 - 2 X 4 ANCHOR (TYP) 1 STAKE, NAILED TO 2 X 4 SUPPORT, 3 FRAMING NAILS MINIMUM. 4 X 4 POST // // // // // // // // // //\J/ J/ // // J/ J/ // // // // J/ % % J/ J/ J/ // // J/ J/ // J/ // //\J/ J% // /J //\J% // J/ J/ J/ • / // • \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \ \\ \ \\ TE: JANUARY 1995 DWG. I E-03 . zEViSIoNs Y_ OF GWRG=VA4 E03.DWG TEMPORARY SERVICE POLE F{� COMMUNITY OWNED UTILITIES SL SCALE. N.T.S. CONSTRUCTION STANDARDS AND DETAILS �°�� Council meeting January 23, 1996 Item No. //9 AGENDA ITEM COVER SHEET SUBJECT: Consideration and first reading of an ordinance amending the Zoning Ordinance to include model homes and construction offices as specially permitted and restricted uses. ITEM SUMMARY: Based upon the City Council's discussion at the September 26, 1995 workshop, staff drafted regulations for model homes and construction oversight offices which limited the location of model homes to the legal subdivision for which lots are being sold and restricted the marketing of homes to only those in that subdivision. The proposed standards also addressed the length of the permit, construction and signage, noise, lighting, traffic and other issues. The Planning and Zoning Commission reviewed the proposed ordinance language at their November 7, 1995 meeting and scheduled a public hearing for December 5, 1995. Prior to the public hearing, notification letters were mailed to thirty-three (33) area builders and to Thomas Casey, of the Thousand Oaks neighborhood. In addition, a newspaper notice of the public hearing was published in the Williamson County Sun and copies of the proposed regulations were made available to the public. Mr. Jim Stendebach, AICP, of Stendebach and Associates, spoke at the public hearing representing home builder John Gavurnik. His comments expressed the concern that the proposed regulations would be too restrictive for the marketing of homes and he provided several examples. The Planning and Zoning Commission requested that some modifications to the language in the proposed regulations be prepared for their consideration at their January 2, 1996 meeting. Mr. Stendebach submitted his suggested modifications in a December 19, 1995 letter and they were presented to the Commission at their January meeting. The Commission agreed with the modifications, which relax the standards for requiring model homes to be located only within the legal subdivision for which lots are being sold and the restriction on the marketing of homes to only lots in the subdivision where the model is located. They requested staff to work with Mr. Stendebach to incorporate the modifications into the proposed regulations for submittal to the City Council. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None COMMENTS: The Planning and Zoning Commission voted 6-0 at their meeting on January 2, 1996, to recommend approval of the proposed amendment to the Zoning Ordinance, including the changes proposed by John Gavurnik, as represented by Jim Stendebach. ATTACHMENTS: comment letters received from Jim Stendebach, Ordinance Submitted By: Edward J. Barry, AICP Director Division of Developme t Services Clyde von Rosenberg, I P Chief Planner, Long Planning ning STENDEBACH & ASSOCIATES, INC. PLANNING AND DEVELOPMENT CONSULTANTS December 7, 1995 P. Weyrauch, Chairman Planning and Zoning Commission City of Georgetown 101 East 7th Street Georgetown, Texas RE: Agenda Item 9 (Model Home Standards) Dear Chairman Weyrauch: By Hand While we understand the objective of the proposed regulations for model homes we believe them to be too restrictive when considering the ongoing development of a subdivision. We have the following comments: 1.) The restriction which would require model homes to be located only within the legal subdivision in which they are marketing homes can be overly restrictive because the model home is often located at the entrance of a phased development. The continued use of the original models limits traffic through the subdivision, and the model is on the ground before the area has residents. We agree that a new model home should not be introduced into an existing neighborhood but feel that the regulations could in fact increase conflicts by moving the model as a phased development proceeds. The restriction which would disallow marketing homes in another subdivision can also create problems for builders who construct homes in several subdivisions. We feel that a home purchaser should be able to choose a lot in any of the subdivisions as long as the subdivisions where the model is located is being actively developed. We agree that once a particular neighborhood has been completed the model should be closed but a transition period should be allowed. (For example, a model home could not continue to be used as a model for more than six months following the build out of the subdivision. 2.) What will be the conditions of approval of a conditional certificate of occupancy permit? The requirements to renew the permit annually need to be clear. Builders want some certainty that they can continue to operate a model home until a development is build out. 11782 Jollyville Road • Suite 103 • Austin, Texas 78759 • (512) 219-4041 • FAX (512) 219-4042 The following examples would apply to Parkview Estates and Katy Crossing subdivision: 1.) Gavurnik Homes currently building homes in Parkview Estates and is in the process of developing a new subdivision named Katy Crossing which will be a phased development. The proposed regulations would prohibit them from marketing homes in Katy Crossing from his existing model in Parkview Estates during the transition period when he is still developing in Parkview Estates and before a model is constructed in Katy Crossing. We believe that such marketing should be allowed for a limited transition period. 2.) Model homes will be build at the entrance to Katy Crossing. Because Katy Crossing will be a phased development, the currently drafted regulations would prohibit the continued use of the model homes to market in future phases. We believe the continued use for future phases would be less disruptive to the neighborhood because it would introduce less traffic into the neighborhood and the location of the existing model would be known to residents when they move to the neighborhood. In summary, we request an opportunity to meet with staff to discuss modifications to paragraphs 1 and 2, which would allow some flexibility while ensuring that the intent of the amendment is met, prior to the Planning and Zoning Commission taking any action on this matter. Thank you. Sincerely, STENDEBA CH & ASSOCIATES, INC. J. Stendebach, AICP 12.dec\weyriuch 11782 JoUyville Road • Suite 103 • Austin, Texas 78759 • (512) 219-4041 • FAX (512) 219-4042 STENDEBACH & ASSOCIATES, INC. PLANNING AND DEVELOPMENT CONSULTANTS December 19, 1995 Mr. Clyde von Rosenberg Chief Planner Long Range Planning City of Georgetown P.O. Box 409 Georgetown, TX 78627-0409 RE: Proposed Model Home Ordinance Dear Mr. von Rosenberg: Further to our December 7th letter to the Planning and Zoning Commission and our meeting of December 15th, we are requesting the following specific amendments to the proposed Model Home Ordinance. Amend paragraph one by adding the following words "Except in the following circumstances... 1.) The City may extend the permit for a model home which has been constructed to market one phase of a phased development to market new phases of the same development when this results in no increase in the total number of model homes and is less intrusive to the developing neighborhood than constructing a new model home. 2.) A permitted model home in one legal subdivision where a builder is actively marketing lots may be used to market lots in another legal subdivision when such sales are clearly secondary to the marketing of lots within the subdivision in which the model is located, if the builder has no model in the second subdivision. 3.) A model home constructed to market one legal subdivision may be granted a transitional permit to market a new legal subdivision for the period during which a new model home is being constructed in the new legal subdivision. Such transitional permit shall be valid for a period not to exceed six months." These requested amendments are intended to provide some flexibility to accommodate model homes while meeting the primary intent of the proposed ordinance. These amendments are intended to reduce the need to construct new model homes in every section. 11782 Jollyville Road - Suite 103 • Austin, Texas 78759 - (512) 219-4041 • FAX (512) 2194042 Amendment 1 would allow an existing model home to extend its permit for marketing a phased development. It would not permit a new model home to be constructed in an existing neighborhood. Amendment 2 would allow the marketing of lots in more than one legal subdivision provided the builder is actively marketing lots within the legal subdivision in which the model is located. Again it would not permit a new model home to be constructed in an existing neighborhood. This provision could reduce the total number of model homes within the city. Amendment 3 would allow a transitional period to market a new subdivision from an existing model home while the new model is being constructed. This transitional period would be restricted to a maximum of six months. Again it would not permit a new model home to be constructed in an existing neighborhood. The following examples would apply to Parkview Estates and Katy Crossing subdivision: 1.) Gavurnik Homes is currently building homes in Parkview Estates and is in the process of developing a new subdivision named Katy Crossing which will be a phased development. The proposed amendments would allow them to market homes in Katy Crossing from the existing model in Parkview Estates during the transition period when he is still developing in Parkview Estates and before a model is constructed in Katy Crossing. We believe that such marketing should be allowed for a limited transition period. 2.) Model homes will be build at the entrance to Katy Crossing. Because Katy Crossing will be a phased development, the currently drafted regulations would prohibit the continued use of the model homes to market in future phases. We believe the continued use for future phases would be less disruptive to the neighborhood because it would introduce less traffic into the neighborhood and the location of the existing model would be known to residents when they move to the neighborhood. With reference to paragraph two of the draft ordinance, it is our understanding that, although model home permits need to be renewed every 12 months, such renewals will be granted provided the requirements as stated in the ordinance are met. We would like the opportunity to speak on this matter at the next Planning & Zoning Commission meeting. Thank you for your assistance. Sincerely, STENDEBACH & ASSOCIATES, INC. J. Stendebach, AICP 12.dec\cvr.wpd 11782 Jollyville Road • Suite 103 • Austin, Texas 78759 • (512) 219-4041 • FAX (512) 219-4042 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETO WN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, TO INCLUDE THE MODEL HOME AND CONSTRUCTION OFFICE USES TO SECTION 3.2 OF PART THREE, SPECIAL PERMITS AND RESTRICTED USES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions of its current Zoning Ordinance governing restricted uses do not address the model home use commonly found in developing residential areas; and WHEREAS, the Century Plan - Policy Plan states that, "The City shall review and revise, when appropriate, a Zoning Ordinance that protects residential neighborhoods from incompatible uses." ; and WHEREAS, this revision provides a means of allowing the model home and construction office uses to be established residential areas of the City while protecting the integrity of the surrounding neighborhood through design and operational criteria; 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 1 of the Century Plan - Policy Plan Element, which states: "The City will ensure that future land use patterns provide economic, cultural and social activities to all residents, businesses and organizations", 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 the revision of Part 3 of the Zoning Ordinance 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. Zoning Ordinance Amendment - Model Homes Ordinance No. Page 1 of 2 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 1996. PASSED AND APPROVED on Second Reading on the day of ,1996. ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Zoning Ordinance Amendment - Model Homes Ordinance No. Page 2 of 2 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor EXHIBIT A 3.201 The following uses are permitted, subject to the stated restrictions A. Child Care Facilities (to remain as currently worded) B. Model Homes. As used herein, a Model Home is defined as a single family or duplex housing unit typical of the style available for sale in a particular subdivision, but used for display or sales of new residences. The following conditions must be met before the Model Home use will be permitted: 1. A Model Home may be located within any zoning district provided it is located within the legal subdivision for which lots are being sold. In addition, the business occupying the Model Home shall only market homes within the legal subdivision in which the Model Home is located. (For example, a Model Home built in New Subdivision, Phase I cannot market homes located in New Subdivision, Phase II or in Other Subdivision, Phase I, etc.) The following exceptions to Section No. 1 shall apply: a.) The City may extend the permit for a model home which has been constructed to market one phase of a phased development to market new phases of the same development when this results in no increase in the total number of model homes within all of the phases and is less intrusive to the developing neighborhood by maintaining the most direct access to the model home from outside of the neighborhood; b .) A permitted model home in one legal subdivision where a builder is actively marketing lots may be used to market lots in another legal subdivision if the builder has no model in the second subdivision and when such sales are clearly secondary, as demonstrated through signs and advertisements, to the marketing of lots within the subdivision in which the model is located; c.) A model home constructed to market one legal subdivision may be granted a transitional permit to market a new legal subdivision for the period during which a new model home is being constructed in the new legal subdivision. Such transitional permit shall be valid for a period not to exceed six months. 2. A conditional Certificate of Occupancy permit to operate the Model Home as a sales office will expire after 12 months unless it is renewed by the respective business, upon which the burden shall lie to demonstrate that the conditions of approval still exist. The Building Official will then evaluate the renewal request and determine its status. An unlimited number of extensions can be applied for Page 1 of 3 and considered. 3. Construction of the Model Home must be consistent with the character of the subject neighborhood. Signage must comply with the Sign Regulations for the Zoning District in which the Model Home is located. 4. Operation of the Model Home must comply with the City Municipal Code with regard to noise nuisance. Any lighting should operate such that it does not create a nuisance to neighboring residences or create a traffic hazard. 5. A conditional construction permit for the Model Home may be issued once the streets to the subdivision have been constructed to sub -grade and water service and a fire hydrant are located within 500 feet of the lot on which the Model Home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The conditional Certificate of Occupancy for the Model Home will not be issued until the subdivision and all public improvements have been accepted by the City, a final plat has been filed with the County and all utilities are connected to the home. 6. The Model Home must be constructed in such a manner that it can be converted, without structural changes, and used as a single family or duplex (if applicable) residence after its use as a Model Home has ceased. This includes the provision of adequate off-street parking outside the front building line. 7. There is no restriction on the number of Model Homes permitted in each subdivision. 8. A temporary building for use as a sales office is permitted on a 12 month basis, subject to the renewal policy outlined for Model Homes, only if a model home has not been constructed. Once a Model Home has been constructed, the temporary building must be removed. 9. If the operation of the Model Home or temporary building used as a sales office violates any of these or other City Ordinances, the Certificate of Occupancy shall be revoked, unless satisfactory compliance is achieved. C. Construction Oversight Offices. As used herein, a Construction Oversight Office is defined as a temporary building used for the oversight of construction of new structures within the subdivision in which the Construction Oversight Office is located. The following conditions must be met before the Construction Oversight Office use will be permitted: 1. A temporary building for use as a construction oversight office is permitted on a Page 2 of 3 12 month basis, subject to the renewal policy outlined for Model Homes. One construction oversight temporary building shall be allowed for each builder in a subdivision in which that builder has the authority to construct structures. 2. If the operation of the temporary building used as a construction oversight office violates any City Ordinances, the Certificate of Occupancy shall be revoked, unless satisfactory compliance is achieved. Page 3 of 3 Council meeting January 23, 1996 Item No. II AGENDA ITEM COVER SHEET SUBJECT: Consideration and first reading of an ordinance amending the Zoning Ordinance to revise the rules for landscaping, off-street parking and accessory uses and buildings. ITEM SUNMARY: This is the first phase of a proposed three phase process to revise the Zoning Ordinance, as directed by the City Council. The amendment replaces the landscaping, parking and accessory use requirements in the Zoning Ordinance with those currently contained in the Subdivision Regulations. This provides consistency between the Zoning Ordinance and the Subdivision Regulations for these requirements. The Planning and Zoning Commission held a public hearing on the proposed amendment at their January 2, 1996 meeting and no comments were received. The second phase proposed for the Zoning Ordinance revision process will be to define the site development standards and to redefine the permitted land uses by zoning district, eliminating the pyramid structure of the ordinance. The third step proposed will involve writing an administrative section for the ordinance, helping to define what projects the ordinance applies to and clarifying terms and procedures. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None COMMENTS: The Planning and Zoning Commission voted 6-0 at their meeting on January 2, 1996, to recommend approval of the proposed amendment to the Zoning Ordinance. ATTACHMENTS: Ordinance Submitted By: Edward airy, AICP Director Divisio of Developme , Services Clyde on Rosenberg, A Chief Planner, Long Range Planning ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETO WN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, TO REVISE SECTION 6.3 OF PART SIX, GENERAL RULES FOR YARDS, LANDSCAPING, AND PROTECTION OF TREES; AND SECTION 7.1 AND 7.2 OF PART SEVEN, OFF-STREET PARKING SPACES ARE REQUIRED; AND SECTION 8.2 OF PART EIGHT, ACCESSORY USES AND BUILDINGS REGULATED; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions of its current Zoning Ordinance governing landscaping, parking, and accessory structures are inconsistent with the standards in the City's Subdivision Regulations, which more closely reflect the community standards in regard to these issues; and WHEREAS, the 1995/96 Annual Operating Plan Element lists the implementation of the first phase of incremental revisions to the Zoning Ordinance as a significant means of accomplishing the City's stated goals; and WHEREAS, this revision is the first of these incremental 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 Growth and Physical Development Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will ensure that future land use patterns provide economic, cultural and social activities to all residents, businesses and organizations", 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 Exhibits "A", "B", and "C" relating to the revision of Parts 6, 7, and 8 of the Zoning Ordinance are 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. Zoning Ordinance Amendment - Landscaping, Parking, Accessory Structures Ordinance No. Page 1 o f 2 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 1996. PASSED AND APPROVED on Second Reading on the day of ,1996. ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: By: LEO WOOD Mayor Zoning Ordinance Amendment - Landscaping, Parking, Accessory Structures Ordinance No. Page 2 of 2 EXHIBIT A Section 6.3 Landscaping and Buffering Requirements 6.301 Purpose A. For the purpose of providing for the orderly, safe, attractive and healthful development of land located within the community and promoting the health, safety and general welfare of the community, it is deemed necessary to establish requirements for the installation and maintenance of landscaping elements and other means of site improvements in developed properties. These provisions are exclusive of detached single family and two (2) family residences, except as described in Section 6.304.A. The regulations contained herein are necessary to enhance the community's ecological, environmental and aesthetic qualities. B. Paved surfaces, automobiles, buildings and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from contamination, erosion and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification, and noise, glare and heat abatement as well as the preservation of the community's aesthetic qualities indicates that the use of landscape elements is of benefit to the health, welfare and general well being of the community and, therefore, it is proper that the use of such elements be required. C. The City of Georgetown experiences frequent droughts; therefore, it is a purpose of this section to encourage the use of drought resistant plants that do not consume large quantities of water. 6.302 Applicability The requirements and standards for the installation and maintenance of landscape elements and site improvements as set forth herein shall apply to all developments within the City of Georgetown, except that exclusive of Section 6.304 A, these provisions shall not apply to one (1) and two (2) family residences. Furthermore, said requirements and standards shall not apply to EXHIBIT A, Page 1 of 10 any structure existing on the effective date of this chapter, except in the event of reconstruction. However, this exemption shall not apply where a detailed development plan is required as a condition of approval granted by the Planning and Zoning Commission and/or the City Council. All other new development subject to these regulations shall be in full compliance with the provisions of this chapter. 6.303 General Requirements A. Installation: All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards. B. Maintenance: The current owner and subsequent owners of the landscaped property, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of this chapter. C. Planting criteria: 1. Trees. Trees shall be a minimum of two (2) inches in caliper measured three (3) feet above finished grade immediately after planting. If trees are proposed that are not chosen from the recommended list provided in the Appendix, trees shall have an average mature crown greater than fifteen (15) feet in diameter. Trees having an average mature crown less than fifteen (15) feet in diameter may be substituted by grouping the same so as to create at maturity the equivalent of a fifteen foot (15) diameter crown if the drip line area is maintained. 2. Shrubs, vines and ground cover: Shrubs, vines and ground cover planted pursuant to this section shall be good, healthy nursery stock. Shrubs must be, at a minimum, a one (1) gallon container size. 3. Lawn grass: Grass areas should be planted in drought resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, or Buffalo. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. 4. Synthetic lawns or plants: Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this section. EXHIBIT A. Page 2 of 10 5. Architectural planters. The use of architectural planters may be permitted in fulfillment of landscape requirements. 6. Other: Any approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces. D. Landscape Plan Requirements. As required by the City of Georgetown Subdivision Regulations Ordinance, the landowner or his/her agent shall submit and receive approval of a landscape plan demonstrating compliance with the landscape requirements contained herein. Plans shall show all dimensions, types of materials, width of bufferyards, size and spacing of vegetative materials, and plans for providing water to plants. The plan(s) shall demonstrate that landscaping and buffering materials will: 1. Abate objectionable noise, light, glare, visual clutter, dust, or loss of privacy. 2. Adequately accomplish the purpose for which they were intended. 6.304 Required Landscape Installation A. A minimum percentage of the total lot area of property on which development, construction or reconstruction occurs after the effective date of this article shall be devoted to landscape development in accordance with the following schedule. These requirements shall not apply to the development, construction or reconstruction of single-family detached or two (2) family residential structures except when such structures abut an arterial street. EXHIBIT A, Page 3 of 10 TABLE A Required Landscaping Schedule Zoning District Landscaping Required % of lot area RM-1, RP 20 RM-2 20 RM-3, A - for non-residential use 15 C-1, C-2A, C-2B 10 I 10 NOTE: The R-O district has separate landscaping requirements. see Secs Lion 2.11 for details. Exceptions to this chapter may be granted to require a lesser amount of landscaping, by the Commission, if the aesthetic, buffering and environmental intent of this chapter is met, and the reduction of the landscape area results in the preservation of a natural feature having comparable value to the reduced landscape requirements. B. The landscaping shall be placed upon that portion of a tract or lot that is being developed. Fifty percent (50 %) of the required landscaped area and required plantings shall be installed between the front property lines and the building being constructed. Undeveloped portions of a tract or lot shall not be considered landscaped, except as specifically approved by the Commission. C. Credit for trees. In order to reward the preservation of existing trees, one hundred percent (100%) of the crown area of undisturbed existing trees shall be reduced from the landscape area requirements; provided that the area surrounding the tree is left undisturbed and that this area consists of at least one hundred (100) square feet but not less than fifty percent (50 %) of the crown area. D. Required plantings. For every six hundred (600) square feet of landscape area required by Table A above, two (2) trees and four (4) shrubs shall be planted. E. Bufferyards shall be required between all lots and/or parcels. The extent of the required buffering within bufferyards is dependent upon EXHIBIT A. Page 4 of 10 the width of the bufferyard and the disparity between adjacent zoning districts or uses. The width of the required bufferyard may be reduced as the intensity of buffering increases. The landscaping required within bufferyards shall be provided in addition to the required landscaping on the lot as a whole. All open space within a bufferyard shall be planted with grass or other vegetative ground cover. 1. Location of Bufferyards: Bufferyards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line. Bufferyards shall not extend into or be located within any portion of an existing street right-of-way. 2. Determination of Bufferyard Requirements: To determine the type of bufferyard required between two (2) adjacent parcels, the following procedure shall be followed: a. Determine whether the adjacent use is located inside or outside the City limits. b. Identify the Zoning Classification of the proposed use. C. Identify the Zoning Classification or Land Use Class of each adjacent use. Land Use Classes are defined in Table C. d. Determine the bufferyard requirements for those side and rear lot lines or portion thereof, on the subject parcel by referring to Table B, if it is on property within the City limits. If the proposed use and the adjacent use are separated by the City limits, determine the bufferyard requirements for those side and rear lot lines or portion thereof, on the subject parcel, by referring to both Tables B and C as though both properties were either inside the City limits or outside the City limits. The bufferyard requirement shall be the most intensive indicated by this method. Existing plant material or fences may be counted as contributing to the total bufferyard requirement. The bufferyards specified are to be provided on each lot or parcel independent of adjoining bufferyards. The bufferyard requirements Types A-F in Figure 1 are EXHIBIT A, Page 5 of 10 designed to permit and encourage variation in the widths of bufferyards and the number of plant units required per one hundred (100) linear feet of bufferyard. The requirements may be satisfied by any of the options of the appropriate type, indicated in 1, except that a fence or a Type F bufferyard shall be provided wherever a multifamily, commercial, or industrial property abuts a single family or two (2) family residential lot. e. When a developed use is proposed adjacent to vacant land, the owners of the affected properties may submit a contractual agreement whereby the bufferyard for the developed use is reduced or waived, provided that the owner of said vacant property agrees to develop at no greater intensity than the specified land use class; and if additional buffer is needed at a future point, it will be provided on the vacant land. f. Should a developed use increase in intensity from a given land use class to a higher one (e.g. Class III to Class IV), a determination shall be made during the detailed development plan review process to determine if additional bufferyard is needed and if so to what extent and type in accordance with Table B. EXHIBIT A. Page 6 of 10 Table B - Buffervard Requirements Zoning of Proposed Development Adjacent Existing Zoning A R-E R-S RM-1 RM-2 RM-3 R-P R-O C-1 C2A C2B I A * E E D C B D B A A A A R-E R-S * * RM-1 C E E A B C A C D D D D RM-2 B E E D A B D B C C C C RM-3 A E E D C A D A B B B B R-P C E E A B C A C D D D D R-O A E E D C A D A B B B B C-1 B E E D C C D B A A A A C-2A B E E D C C D B A A A A C-2B B E E D C C D B A A A A f B E E D C C D B A A A A No bufferyard rcquir rnent Bufferyard required as per Section (34030 A) 6.304 Table C - Land Use Classifications Land Uses Class Land Use I Single Family Residences I_I Two & Three Family Residences Planned Unit Developments Non -Commercial Recreational III Religious Institutions Educational Institutions Public Buildings Multifamily Residences IV Offices Service Establishments Agricultural EXHIBIT A, Page 7 of 10 V General Retail Establishments Other Commercial Uses Research and Development Uses Wholesale and Warehousing Other Industrial Uses Parking Lots Arterial Streets Bufferyard requirements for properties adjacent to those located outside the City Limits are based on the following equivalencies between Zoning Classifications and Land Use Classes. Zoning Land Use Classes A IV R-E I RS I RM-1 II RM-2 III RM-3 IV R-P II R-O IV C-1 V C-2A V C-2B V I V EXHIBIT A, Page 8 of 10 Figure 1 - Bufferyard requirements * REOUiREO PLANT VREOUIRED PLANT UNITS PER 100' UNITS PER 100' A /��� o Deciduous Tree.(�.Y � ) D.clduoua Treed � 7 Deciduous Shruoe Deciduous Srvuba n v T r n Evorpreens Evergreens {— Berm B Y. I ti g l— fence - .FREOUIREO PLANT UNITS PER 100' � i/ f---- ioo. A REOUIRED PLANT UNITS Pv3 100' Deciduous Trees ,,vv{{ N rOp Deciduous Shrubs f � �s �f � q Deciduous Tr«. 4 r Evergreen• EL Deciduous 8nrubs r< Evupr..ns 11---- #G REOUTAEO PLANT germ B UNITS PER 100' p} — n1l— CFence Deciduous Trees Deciduous Shrubs 1111---- s REOUWED PLANT UNIT3 P£R 100' Evergreens "'EEK!E:= atw� `� E.erpr.•na , LK . *Note: See Section 6303 A.-D. for total plant requirements. **Note: Bufferyard F shall be a ten (10) foot wide bufferyard which shall include a solid evergreen hedge, which will attain six (6) feet in height and ninety-five percent (95 %) opacity within twenty-four (24) months after initial installation. Note: Any fence constructed to satisfy bufferyard requirements shall be opaque and shall be six (6) feet in height, except as otherwise provided in Section 8.3 or as otherwise approved by the Commission. F. Parking Lots. When parking lots are located between public streets and buildings, or when parking is the primary use of a parcel, a Type D bufferyard as described in Figure 1 shall be provided between the street and parking lot. To reduce the thermal impact of unshaded parking lots, trees shall be planted throughout parking lots so that no portion of the lot is more than sixty-four (64) feet away from the trunk of a tree unless otherwise approved by the Commission. EXHIBIT A, Page 9 of 10 G. Replacement of Trees. Should a tree die or be removed for which credit has been obtained pursuant to the terms of this section, landscape development sufficient to equal the area credited shall be required. A small tree that will have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree in Section 6.304. C is retained. EXHIBIT A, Page 10 of 10 EXHIBIT B Section 7.1 - Off Street Parking and Loading Regulations 7.101 General Design Standards A. All off-street parking spaces shall be located outside of required landscape areas and behind front building lines. B. Off-street parking facilities shall be provided for any new building constructed and for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required. Provided however, if insufficient parking exists on a tract or lot, then the number of spaces required to meet the needs of both the existing and new buildings shall be provided. C. Facilities being used for off-street parking on the effective date of these regulations shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. D. For sites with more than one (1) use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as adjusted pursuant to Section 7.04. E. Parking facilities constructed or substantially reconstructed subsequent to the effective date of these regulations, whether or not required, shall conform to the Design Standards set forth in Section 7.107. F. All required parking facilities shall be maintained for the duration of the use requiring such areas. Such facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding (1) one ton in capacity, and shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment. G. All required parking facilities shall be located on the same site as the use for which such facilities are required, except as authorized pursuant to Section 7.103. H. No use shall be required to provide more spaces than prescribed by these regulations or prescribed pursuant to a Conditional Use Permit or a Variance. Where parking spaces in excess of such requirements are provided, the spaces may be considered as meeting the requirements for another use pursuant to Section 7.104. EXHIBIT B, Page 1 of 11 I. Head -to -toe parking is prohibited except in one (1), two (2) or three (3) family dwellings. 7.102 Schedule of Off -Street Parking Requirements A. Parking facilities for each use shall be provided in accord with the minimum requirements prescribed in Table 7A. TABLE 7A - PARKING REQUIREMENTS* USE PARKING RESIDENTIAL Long Term Housing 2 spaces/unit Quasi Residential 1 space/250 sq.ft. CHURCHES AND PUBLIC 1 space/3 seats USES COMMERCIAL Restaurant; less than 2,500 sq.ft. 1 space/ 100 sq.ft. greater than 2,500 sq.ft. 1 space/75 sq.ft. take out restaurants 3 spaces/ 100 sq.ft. of seating area General Retail and Office less than 25,000 sq.ft. 25, 000-399, 999 sq. ft. 1 space/200 sq. ft. 400, 000-599, 999 sq.ft. 1 space/250 sq.ft. more than 600,000 sq.ft. 1 space/225 sq.ft. 1 space/200 sq.ft. INDUSTRIAL 1 space/employee + 1/400 sq.ft. of office space WAREHOUSE 1 space/ 1, 000 sq.ft. m t ne requirea number of parking spaces for uses not listed in the above table will be determined by the Director. 1. Where the application of Table 7A results in a fractional requirement, a fraction of 0.5 or greater shall be resolved to the higher whole number. 2. For purposes of this section, requirements shall be based on gross floor area, but shall not include enclosed or covered areas used for off-street parking or loading. EXHIBIT B, Page 2 of 11 B. Notwithstanding the provisions of Table 7A, a minimum of five (5) parking spaces shall be provided for any single industrial use located individually on a site and served by a separate parking facility, and a minimum of ten (10) parking spaces shall be provided for any two (2) or more industrial uses located on the same site and served by a common parking facility. C. Up to twenty-five percent (25 %) of reserved employee parking may be designed and reserved for small or compact cars. D. Up to fifteen percent (15 %) of the total required parking may be designed and reserved for compact cars. 7.103 Off -Site or Remote Parking A. The Commission or Council may approve locating a portion of the required parking for a use on another site when both the primary use and accessory parking are located in an area zoned, used or platted for commercial use. B. Off -site parking shall be located within three hundred (300) feet of the use which it serves within the Town Square Historic District and within two hundred (200) feet in all other areas, measured as the shortest practical walking distance from the nearest off -site parking space to the nearest entrance to the building or use which it serves. C. In determining whether to approve off -site parking, the Commission shall consider all relevant factors, including: 1. The locations of the use and the proposed off -site parking. 2. Existing and potential parking demand created by other uses in the vicinity. 3. The characteristics of the use, including employee and customer parking demand, hours of operation, and projected convenience and frequency of use of the off -site parking. 4. Adequacy, convenience, and safety of pedestrian access between off -site parking and the use. 5. Traffic patterns on adjacent streets, and proposed access to the off -site parking. 6. The report and recommendation of the Development Review Committee and the Traffic Engineer. EXHIBIT B, Page 3 of 11 D. The Commission or Council may require the written agreement of the owner of the off -site parking area and owner of the use, if necessary, to assure the continued availability and usability of any off -site parking. E. Handicapped and bike parking spaces shall not be located in an off -site parking facility. 7.104 Parking For Mixed Use Developments A. The Planning Commission may authorize an adjustment in the total parking requirement for separate uses located on the same site, or for separate uses located on adjoining sites and served by a common parking facility, pursuant to this section. A request for such adjustment shall require submission of a site plan and transportation engineering report addressing the relevant factors listed in paragraph C below. B. All parking spaces subject to adjustment under this section shall be located in a common, contiguous parking facility intended to meet the needs of all users. When any adjustment is authorized, off -site parking pursuant to Section 7.103 shall not be permitted. C. In determining whether to approve an adjustment for mixed use developments, the Commission shall consider all relevant factors, including: 1. The characteristics of each use and the differences in projected peak parking demand, including days or hours of operation. 2. Potential reduction in vehicle movements afforded by multi -purpose use of the parking facility by employees, customers, or residents of the uses served. 3. Potential improvements in parking facility design, circulation, and access afforded by a joint parking facility. 4. The report and recommendation of the Director. 7.105 Handicapped Facilities Exclusive of one (1), two (2) and three (3) family residences, in each parking facility, a portion of the total parking spaces shall be specifically designed, located, and reserved for vehicles licensed by the State for use by the handicapped, according to the following schedule and additional requirements: EXHIBIT B, Page 4 of 11 Total Spaces Minimum Number of Handicapped Spaces Required 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 401-500 9 501-1,000 1 2 % of total 1, 001 and over 10 plus 1 per 100 over 1,000 spaces A. Ten percent (10%) of the total spaces for outpatient units at medical care facilities shall be accessible to the handicapped. B. Twenty percent (20 %) of the total spaces for medical care facilities specifically for the treatment of the mobility impaired (i.e., physical/occupational units) shall be accessible to the handicapped. 7.106 Basic Off -Street Loading Regulations A. Off-street loading facilities shall be provided for any new building constructed and for any new use established. Off-street loading facilities shall be provided for any addition or enlargement of an existing use, or any change of occupancy or manner of operation that would result in additional loading space being required, provided that the additional loading space shall be required only for such addition, enlargement, or change. B. Facilities being used for off-street loading on the date these regulations are adopted shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. EXHIBIT B, Page 5 of 11 C. Loading facilities constructed or substantially reconstructed subsequent to the effective date of the regulations shall conform to the Design Standards set forth in Section 7.107. D. All required loading facilities shall be maintained for the duration of the use or building requiring such facility, and shall be used exclusively for the purpose of loading and unloading goods, materials, and supplies, and shall not be used for the sale, display, or storage or merchandise, or for the storage or repair of vehicles or equipment. E. Such loading and unloading space, unless adequately provided for within a building, shall be an area ten (10) feet by forty (40) feet, with fifteen (15) foot height clearance, and shall be provided according to the following schedule: Gross Floor Area in Sq.Ft. Loading & Unloading Spaces Required in Terms of Sq. Ft of Gross Floor Area 0 - 099 None 2, 000 - 49999 Up to one (1) space at the discretion of the Commission 5, 000 - 19, 000 One (1) space 201000 - 9900 One (1) space plus one (1) space for each 20,000 sq.ft. or portion thereof in excess of 20,000 sq.ft. 1009000 - 5009000 Five (5) spaces plus one (1) space for each 40,000 sq.ft. or portion thereof in excess of 100,000 sq.ft. F. The location and design of loading and unloading areas shall be reviewed at the time of detailed development plan submission to insure adequate protection is afforded adjacent properties, especially residential properties, from noise and other disruptive elements normally associated with such facilities. 7.107 Design Standards A. Design standards are established by this section to set basic minimum dimensions and guidelines for design, construction, and maintenance of parking and loading facilities. B. The following basic dimensions shall be observed for parking spaces and loading spaces: EXHIBIT B, Page 6 of 11 1. Each standard parking space shall consist of a rectangular or trapezoidal area designed in accordance with Table 7B. Each space shall have a vertical clearance of not less than seven and one-half (7.5) feet. Each space shall be independently accessible. 2. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than thirteen (13) feet wide (including an eight (8) foot wide parking stall and a five (5) foot wide access aisle) by twenty (20) feet long, with a vertical clearance of eight (8) feet above the handicapped accessible parking spaces and along at least one (1) vehicle access route to such spaces from the site entrance(s) and exit(s), shall be located in an area not exceeding a two percent (2 %) slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. One (1) of every eight (8) handicapped accessible spaces shall consist of a rectangular area not less than sixteen (16) feet wide (including an eight (8) foot wide parking stall and an eight (8) foot wide access aisle) in order to be accessible to vans. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only. Van accessible spaces shall be signed accordingly. Two (2) handicapped accessible parking spaces may share the same access aisle. 3. Each off-street loading space shall consist of a rectangular area not less than ten (10) feet wide and forty (40) feet long, with a vertical clearance of not less than fifteen (15) feet. 4. Each parking and loading space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, and shall at all time have access to a public street or alley. C. Parking facility design. Minimum parking facility design standards are illustrated in Table 7B. Additional supplemental guidelines and standards for parking facility design, internal layout, acceptable turning radii and pavement slope, vehicular and pedestrian circulation, and other design features may be adopted by resolution of the Commission, upon recommendation of the Director. 1. All parking facilities shall include the following design considerations to ensure accessibility to the handicapped: a. Handicapped accessible parking spaces servicing a particular building shall be located on the shortest accessible route of travel to an accessible entrance. b. Handicapped accessible parking spaces need not be provided in each lot or parking structure provided the different location has EXHIBIT B, Page 7 of 11 equivalent or greater accessibility in terms of distance from an accessible entrance. c. Handicapped accessible parking spaces may all be provided on one (1) level of a multi -level parking structure. d. At least one (1) handicapped accessible route must be provided from accessible parking spaces to the nearest handicapped accessible entrance. e. The minimum clear width of the handicapped accessible route shall be thirty-six (36) inches except at doors. f. If a handicapped accessible route has less than sixty (60) inches clear width, then passing spaces at least sixty (60) inches by sixty (60) inches must be located at reasonable intervals not to exceed two hundred (200) feet. g. The floor slope along a handicapped accessible route shall not exceed one (1) to twelve (1:12) with a maximum rise of thirty (30) inches for any run. h. Handicapped accessible parking spaces and access aisles shall be level with surface slopes not exceeding one to fifty (1:50) or two percent (2 %) in all directions. i. The cross slope of ramps shall not exceed one to fifty (1:50) . j . It is preferable to provide the handicapped accessible route at the front of the stalls. The handicapped accessible route should avoid crossing lanes of vehicular travel. When crossing vehicle travel lanes is necessary, the route of travel shall be designated and marked as a crosswalk. EXHIBIT B, Page 8 of 11 TABLE 7B Parking Facilities Design* Parking Maneuvering Lane Parking Parking Total Width of 2 Pattern Width Space Space Tiers of Spaces & Maneuvering Lane One Way Two Width Length One Way Two Way Way 00 ill 18' 8.5' 25' (22) 28' 35' Parallel 30-500 12' 20' 9' (8.5) 21' (16) 54' (44) 62' (52) 54-740 13' (12) 22' (19) 9' (8.5) 21'(16.5) 55' (45) 64' (52) 75-900 15' (14) 24' (22) 9.5' (8.5) 20' 55' (47) 64' (55) (16.5) *Compact car standards are listed in parenthesis where applicable. D. Paving and drainage. The following basic standards shall be observed: 1. For all uses except single family dwellings, parking and loading facilities shall be surfaced and maintained with asphaltic, concrete, or other permanent hard surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. Pervious materials may be allowed as approved by the Director of Community Owned Utilities. 2. Parking and loading facilities shall be graded and provided with permanent storm drainage facilities, meeting the City's construction specifications. Curbing and drainage improvements shall be sufficient to control free flow of water onto adjacent properties, public streets or alleys, and to provide adequate drainage in accordance with City code. E. Parking and loading facilities shall meet the following standards: 1. Safety barriers, protective bumpers or curbing, and directional markers shall be provided in conformance with the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, to assure safety, promote efficient utilization, protect landscaping, and prevent encroachment onto adjoining public or private property. 2. Visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, circulating within a parking facility, and entering and exiting a parking facility. 3. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with EXHIBIT B, Page 9 of 11 accepted principles of traffic engineering and traffic safety. F. Lighting. Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use. G. Fencing, Screening, and Landscaping. All parking lots shall be landscaped in accordance with the requirements in Section 6.3. H. Noise. Areas used for primary circulation, for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling. I. Maintenance. All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended. J. Adjustments. For a use or a site subject to site plan review or a conditional use permit, the minimum requirements of this section may be adjusted in their application, provided such change is determined by the Commission to provide improved design, usability, attractiveness, and protection to adjoining uses, in a manner equal to or greater than the specific requirements of this section. 7.108 Special Parking Requirement Areas A. Purpose. Special parking requirements shall apply within designated portions of Georgetown in order to recognize and encourage relatively greater mobility and accessibility of future facilities, to promote the construction of appropriately located public parking facilities, to discourage inharmonious parking facilities/areas in historic districts or on sites occupied by historic structures, and to reduce intrusion on pedestrian -oriented street frontages by parking facility access. B. Special Parking Requirements Area. Within a designated Special Parking Requirements area, the following provisions shall apply in -lieu of the regulations otherwise established by the off-street parking and loading regulations. 1. There shall be no off-street parking requirement for any use occupying a qualifying historic structure. 2. There shall be no off-street parking requirement within the downtown Historic District for any use occupying a structure of less than four EXHIBIT B, Page 10 of 11 thousand (4,000) gross square feet of floor space. 3. There shall be visual screening of open parking garages or lots along street frontages. 4. Enclosed parking garages within the central business district must be separated from the adjacent street by enclosed commercially leasable space fronting the adjacent street at the ground level. On any site that is less than one (1) city block on any side, this provision may be waived or adjusted by the Commission or the Council, provided at least fifty percent (50%) of the garage fronting on the adjacent streets at the ground level shall be enclosed by commercially leasable space. All remaining areas shall be screened. 5. There shall be no curb cut greater than thirty (30) feet for garage access. 6. There shall be a clear one hundred sixty (160) degree cone of vision at the intersection of sidewalks and any parking access and/or egress lanes. 7. There shall be no openings for vehicle access at any level to parking garages or curb cuts in the Historic District, unless the Commission approves such access and includes a finding in its approval that the applicant has demonstrated that the proposed project will not unreasonably impair pedestrian and vehicular movement in the affected area and adequate precautions have been made for the safety and convenience of the public. The decision of the Commission may be appealed to the Council. If the Council approves such application, it shall be required to make the same finding as provided above. EXHIBIT B, Page 11 of 11 EXHIBIT C Section 8.2 Accessory Buildings Shall Be Located In Accordance With The Following 8.201 No structure or impervious construction shall be allowed in the front yard area except for the following: A. Fences and screens in accordance with Sections 6 and 8 of these regulations; B. Driveways and sidewalks as allowed herein; C. Utility distribution lines and appurtenances within dedicated easements and rights -of -way; and/or D. Drainage structures. 8.202 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: A. Swimming pools located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence; B. Playscapes not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence; and/or C. Satellite dishes or telecommunications devices not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence. 8.3 Requirements for Fences 8.301 Fences may be constructed in accordance with the following provisions: 8.302 No fence along a common property boundary shall be greater than six (6) feet in height, excepting: A. Fences not greater than eight (8) feet, as required to impede access to hazardous facilities including, but not limited to, electrical substations, swimming pools and chemical or equipment storage yards. B. Fences not greater than eight (8) feet, where the slope of a line drawn perpendicular to the fence line averages twenty percent (20 %) or more on EXHIBIT C, Page 1 of 2 either side of the fence over a distance no less than fifteen (15) feet. C.. Fences not greater than eight (8) feet, where the fence forms a continuous perimeter around a subdivision and the design of said perimeter fence is approved by the Commission. 8.303 Fences less than or equal to three (3) feet in height shall be allowed in front yards. 8.304 . No fence or other structure more than thirty percent (30 %) solid or more than three (3) feet high shall be located within twenty-five (25) feet of the intersection of any rights -of -way. 8.305 All fences shall be constructed to maintain structural integrity against natural forces such as wind, rain and temperature variations. 8.306. The finished side of all fences built to comply with these regulations shall face the protected use. EXHIBIT C, Page 2 of 2 Council meeting _January 23, 1996 Item No. J7 S AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Resolution to create the Airport Plan Working Group and to direct the Working Group to proceed with the development of the Airport Functional Plan Element of the Century Plan. ITEM SUMMARY: The City Charter states that Georgetown's comprehensive plan will include a public buildings and related facilities element. The basis for this element was developed by a Century Plan Task Group during the completion of the Century Plan - Policy Plan, adopted in 1988. This plan element is intended to provide a master plan for development of the Georgetown airport. Through an agreement with the Texas Department of Transportation, the master plan will be completed by the engineering firm of Espey Huston, who will coordinate their efforts with City staff and the Working Group. Suggested composition of the Working Group includes the Airport Advisory Board and representatives from the City Council and the Planning and Zoning Commission. Representatives from groups outside of the City should also be considered, including the fixed -base operators at the airport, the neighborhoods surrounding the airport, the Chamber of Commerce, and the Georgetown Industrial Foundation. The resolution states that the Chairperson of the Working Group is to be selected by the City Council. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Funding for the completion of the Airport Plan Element will come from the Federal Aviation Administration (90%), the State of Texas (5%) and the Airport Fund (5 %). The Airport Fund share of the cost is estimated at $2,500. COMMENTS: None ATTACHMENTS: Resolution Submitted Bv: Edward f. Ilarry, Al Divisio of Developr - Director Clyde von Rosenberg, P t Services Chief Planner, Long Range Planning RESOLUTION NO. A RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS CREATING THE CENTURY PLAN AIRPORT PLAN WORKING GROUP AND DIRECTING THE WORKING GROUP TO PROCEED WITH THE DEVELOPMENT OF THE AIRPORT PLAN FUNCTIONAL PLAN ELEMENT OF THE CENTURY PLAN WHEREAS, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and WHEREAS, said City Charter now states that the comprehensive plan shall include but not be limited to 13 elements which are coordinated and internally consistent, including a "public buildings and related facilities element"; and WHEREAS, all previously adopted Century Plan elements have been developed by a Committee of Georgetown citizens; and WHEREAS, the airport element of the Century Plan - Policy Plan was developed by a Century Plan Task Group as established by Resolution No. 870239.019 adopted June 23, 1987; and WHEREAS, on November 13, 1990, the City Council accepted the recommendation of a Citizens' Advisory Committee that the Century Plan objectives which state that the north/south runway shall be extended to 5,000 feet is to be interpreted as setting a maximum length; and WHEREAS, the City of Georgetown Annual Operating Plan for Fiscal Year 1995-96 identified the following Ends to be achieved by the City: "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" and "The City enjoys a high quality of life with excellent facilities and services which meet the specific needs of the community"; and WHEREAS, the City's Annual Operating Plan for Fiscal Year 1995-96 proposed that the Ends described above will be achieved in part through the following Means: "Complete the Airport Master Plan". 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 Airport Plan Resolution No. Page 1 of 3 resolution implements the following policies of the Century Plan - Policy Plan Element: 1. Facilities and Services Policy 1, 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 2. Transportation Policy 1, which states: "The City will encourage a transportation system that provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals"; 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. The Century Plan Airport Plan Working Group (hereinafter known as the Working Group) is hereby created and charged with developing, with the assistance of the Texas Department of Transportation - Division of Aviation, the City of Georgetown's long range comprehensive plan to guide the development of the Georgetown Airport. SECTION 3. The Working Group shall consist of no more than 25 members, including representatives from a broad spectrum of the Georgetown community who have interests related to airport operations. SECTION 4. The Chairperson for the Working Group shall be selected by the City Council. SECTION 5. The Airport Functional Plan shall be approved by consensus of the Working Group prior to submittal to the City Council for action. SECTION 6. Prior to submittal of the Airport Functional Plan, the Working Group shall hold not less than one public hearing for discussion of the Plan at which a quorum of its membership is present. SECTION 7. The funding costs incidental to the creation of the Airport Functional Plan Element shall be accomplished by using the adopted budgets of Airport Administration and Planning Services. Minor expenditures shall be made subject to the approval of the Director of Development Services or the Director of Community Services. All expenditures over $15,000 shall be made only with the approval of the City Council, pursuant to the Georgetown City Charter. Airport Plan Resolution No. Page 2 of 3 SECTION 8. The Mayor is hereby authorized to sign on behalf of the City Council of the City of Georgetown. SECTION 9. This resolution shall be effective immediately upon adoption. RESOLVED this 23rd day of January 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Airport Plan Resolution No. Page 3 of 3 -T. Council Meeting Date: 01 /23/96 Item No. )tx AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of three members to the Airport Advisory Board. ITEM SUMMARY The Airport Advisory Board has three vacancies for terms to run from February, 1996, through January, 1998. Current Board MemhPrs- Name Term Expires # of Terms Restrictions Albert Fittipaldi 1/96 1 George Taylor 1/97 2 Deborah Boone 1/96 2 Ronald Parker James Accuntius 1/97 1/96 2 3 c.urrenr boara Members Name Albert Fittipaldi for Comments I James Accuntius I Has already served three 2-year terms. Governance Policies recommend three 2-year terms as the I limit on a board. Deborah Boone Eligible Applicants for Board Robert Brannon Donald C. Cole Harold Gero Tex Kassen Randy Smedley Robert Stengle, Jr SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None Submitted By: Gordon Holiday Don Howard Wolf Loescher Zane Kyle Rector Donald E. Willhouse Steve Williams Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. L L AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of three members to the Board of Adjustment. ITEM SUMMARY The Board of Adjustment has three vacancies for terms to run from February, 1996, through January, 1998. The vacancies are for the following positions: one (1) Regular Alternate Member and two (2) Regular Members. Current Board Members. - Name Term Expires # of Terms Restrictions Michael Barnes 1/96 2 Regular Member Gerald Carson 1/96 1 Regular Alternate Leon Douglas 1/97 1 P & Z Alternate Roy Headrick 1/97 1 Regular Alternate Donald Parker 1/96 1 Regular Member Rex Peebles 1/97 1 Regular Member Charles Parker 1/97 1 P & Z Member Pete Weyrauch 1/97 1 P & Z Member :;urrent hoard Members Applying for Reappointment: Name Comments Gerald Carson Regular Alternate Citizens Applying Meeting Registered Voter and City Residency Requirements, RobertBrannon.................................................................................Regular Member LarryBrown.................................................................................... Regular Member LindaVaclavik.................................................................................. Regular Member DonMcLaren................................................................................... Regular Member Applicants Who Did Not Meet Residency or Registered Voter Requirements David Main Howard Boone James Fry SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None Z-3unmiuea by: YV Danny Swofford, Jr. Hartley Sappington, Director of Community Services Council Meeting Date: .. 01 /23/96 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of two members to the Building Standards Commission. P71W ITEM SUMMARY The Building Standards Commission has two vacancies for terms to run from February, 1996, through January, 1998. The vacancies are for the following positions: one (1) representative of the building construction business and one (1) representative from the mechanical or HVAC business. Current Commission Members: Name Term Expires # of Terms Restrictions Stanley Bland 1/97 3 Electrical Steve Brittain 1/97 3 Plumbing John Burress 1/96 1 Mechanical/HVAC John Gavurnik 1/96 1 Construction Ray Hildebrand 1/97 3 Fire :;urrent Commission Members Applying for Reappointment: Name Comments John Gavurnik Construction Eligible Applicants for Commission GaryBowien............................................................................................ HVAC Robert Jacobson............................................................................. Fire or Construction KeithRiddle....................................................................................... Construction JohnTreuhardt.................................................................................... Construction John Offen............................................................................ Construction or Mechanical Applications Received but not Meeting Requirements James Fry Sarah Milburn Bruce Fielder SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None Submitted By: Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. ffff AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of four members to the Convention & Visitors Board. ITEM SUMMARY The Convention & Visitors Board has four vacancies for terms to run from February, 1996, through January, 1998. The vacancies are for the following positions: one (1) representative from the Chamber of Commerce, one (1) representative from the Heritage Society, one (1) representative from the Arts Community, and one (1) representative from the Restaurant/Motel Industry. Current Board Members: Name Term Expires # of Terms Restrictions Gordon Baker 1/96 1 Represents Chamber of Commerce Pam Heller 1/96 1 Represents Heritage Society Diana Smith 1/97 1 Represents DGA Bob Brent 1/97 2 Represents Country Clubs Vacant 1/96 - Represents Restaurant/Motel Industry Eric Van Danen 1/97 1 Represents Southwestern University Hitesh Patel 1/97 1 Represents Hotel/Motel Industry Wendy LaGrone 1/97 2 Represents Tourist Attractions Maureen Dooley 1/97 1 Represents Business Community At -Large Doris Proctor 1/96 1 Represents Arts Community :,urrent Board Members Applying for Reappointment: Name Comments Gordon Baker Representing Chamber of Commerce Pam Heller Representing Heritage Society Applicants Applying for Open Positions Faye Windberg ............ Representing Arts Community Applicants Applying for Designated but Currently Filled, Positions: Kathie Frye ........................ Hotel/Motel Industry Howard Boone ............ Business Community At -Large Larry Brown .............. Business Community At -Large Donald Cole .............. Business Community At -Large Nelson Dahlmann ......... Business Community At -Large Randy Eliassen ........... Business Community At -Large Sandra Everest ........... Business Community At -Large Julie Gelber .............. Business Community At -Large Rochelle Hall ............. Business Community At -Large Carolyn Jackson .......... Business Community At -Large SPECIAL CONSIDERATIONS None Richard Lowder ............... Restaurant/Motel Industry Bill Lipscomb ............. David M. Main ............ Jean Manno .............. Jared Miles ............... Christene Nemetsky ........ Tim Sullivan .............. Bonnie Turrell ............. Gayle Vokes .............. Guy Weinhold ............ Business Community At -Large Business Community At -Large Business Community At -Large Business Community At -Large Business Community At -Large Business Community At -Large Business Community At -Large Business Community At -Large Business Community At -Large AGENDA ITEM COVER SHEET CONVENTION & VISITORS BOARD 01 /23/96 Page 2 FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None Submitted By: Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of two members to the Board of Electrical Examiners. ITEM SUMMARY The Board of Electrical Examiners has two vacancies for terms to run from February, 1996, through January, 1998. The vacancies are for the following positions: one (1) Electrical Engineer and one (1) Journeyman Electrician. Current Anard Mamhrzrc Name Term Expires # of Terms Restrictions Stanley Bland 1/97 3 Master Electrician Phillips Baker 1/96 1 Electrical Engineer Sam Gresham 1/96 2 Journeyman Electrician Karen Hill 1/97 1 Homeowner Billy Strickland 1/97 3 Master Electrician David Voefter 1/97 3 Non -Electric Business Owner :;urrenr Board Members Applying for Reappointment: Name Comments None Eligible Applicants for Board PaulGriffin.................................................................................... Electrical Engineer Larry Millican............................................................................. Journeyman Electrician John Offen............................................................. Homeowner with knowledge of electrical trade SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None Submitted By: LAU Ty Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. P P AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of three members to the Historic Preservation Commission. ITEM SUMMARY The Historic Preservation Commission has three vacancies for terms to run from February, 1996, through January, 1998. The vacancies are for the following positions: two (2) representatives of Property Owners inside the Historic District and one (1) representative member of the Planning & Zoning Commission. Current Commission Members: Name Term Expires # of Terms Restrictions Charles Burson 1/97 1 Owner Outside Historic District Morton Gold 1/97 2 Owner Inside Historic District Jan Hamman-Patterson 1/96 1 Owner Inside Historic District Bill Harris 1/96 1 Owner Inside Historic District David Hays 1/97 2 County Commissioner John Hoyt 1/97 1 Owner Outside Historic District Mitchell Weiner 1/97 1 Business Operator Inside Historic District Cal Wilkerson David Wolf 1/96 1/97 1 1 P & Z Member Owner Inside Historic District Current Commission Members Applying for Reappointment: Name Comments Bill Harris Owner Inside Historic District Jan Hamman-Patterson Owner Inside Historic District Cal Wilkerson P & Z Member Applicants not Eligible. or Eligible Position not Open Rochelle Hall .................. Lives Outside City Limits Opal Mennella ................. Lives Outside City Limits Melvin Cobb .................. Owns Property Inside City Ruby Collins ............. Non -Property Owner Inside City J. C. Johnson ................ Owns Property Inside City Sarah Milburn ................. Owns Property Inside City SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None Randy Eliassen ............... Owns Property Inside City Bill Lipscomb .................. Lives Outside City Limits Reggie Smith .................. Lives Outside City Limits John Treuhardt ............... Owns Property Inside City Les Romo .................... Owns Property Inside City Robert Jacobson .............. Owns Property Inside City AGENDA ITEM COVER SHEET HISTORIC PRESERVATION COMMISSION 01/23/96 Page 2 ATTACHMENTS None 1- uUU nucu Dy. .- , - < q" Hartley Sappington, Director of Community Services Council Meeting Date: .. 01 /23/96 Item No. QQ AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of two members to the Hospital Authority Board. ITEM SUMMARY The Hospital Authority Board has two vacancies for terms to run from February, 1996, through January, 1998 Current Board MemhPrc- Name Term Expires # of Terms Restrictions David McCaskill 1/97 3 Judy Shanklin 1/97 3 Todd Wade 1/96 2 Herb T. Nelson 1/96 1 :;urrent Board Members Applying for Reappointment: Name Comments Herb Nelson Ekible Applicants for Board: Marjorie Herbert Ruby Collins Sandra Everest Melvin Cobb Winnifred Adams Bruce Gunn Bill Holden Don McLaren Wolf Loescher Gordon Holiday SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None Submitted By: Winifred Bowen Opal Mennella Richard Hendrickson Kevin Schlaht Glenn Kilgore Linda Ruestow Amelia Elliott Zane Kyle Rector Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. RR AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of two members to the Housing Authority Board. ITEM SUMMARY The Housing Authority Board has two vacancies for terms to run from February, 1996, through January, 1998. The vacancies are for the following positions: one (1) member from the Georgetown area and one (1) member who resides within the Stonehaven community. Current Board Members. - Name Term Expires # of Terms Restrictions Ed Evans 1 /97 3 Charlotte Watson 1/96 2 Diane Sansom 1/97 1 Velta Simmons 1/96 1 L. Faye Pierre 1 /97 1 c;urrent Board Members Applying for Reappointment: Name Comments Velta Simmons Residents of Stonehaven Seeking Appointment (Effective September 1 1995 State Law requires a Housing Authority Board to have a Resident Member): Valree Brooks Ruby Collins Hudson Wills Applicants Applying for Board Appointment Ramesh Mahale Cathie Cappelle Opal Mennella Sharon Sanders Jacquelyn Holcomb Linda Vaclavik SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None �uomittea t3y: Christene Nemetsky Kelley Benavides Tex Kassen Bonnie Shubiak Richard Hendrickson Zane Kyle Rector Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of four members to the Library Advisory Board. S5 ITEM SUMMARY The Library Advisory Board has four vacancies for terms to run from February, 1996, through January, 1998. Current Roam/ MPmhPrc- Name Term Expires # of Terms Restrictions Martin Beeman 1/97 2 Pat Ball 1/96 2 Jeff Kilgore 1/97 1 Amy Anderson 1/96 1 Rebecca Pfiester 1/97 1 Nelda Burson 1/96 1 Allene Booth 1/97 1 Tresa Anderson 1/96 2 Leah Merrifield 1/97 1 current Board Members Applying for Reappointment: Name Comments Nelda Burson Amy Anderson Eliyible Applicants for Board: Bonnie Shubiak R. L. Hermance Cathie Cappelle Jared Miles SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None � upm►nea may:&Zt� -7 Sharon Sanders Sarah Riddle Bonnie Turrell Reggie Smith Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. TT AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of four members to the Parks & Recreation Board. ITEM SUMMARY The Parks & Recreation Board has four vacancies for terms to run from February, 1996, through January, 1998. The vacancies are for the following positions: one (1) member recommended by the Georgetown Independent School District Board, three (3) residents of the City or two (2) residents of the City and one (1) resident of the ETJ. Current Board Members. - Name Term Expires # of Terms Restrictions Debbie Fustin 1/97 3 Joyce Gaddison 1/97 2 Harold McDonald 1/96 2 GISD Appointee Mark Moore 1/97 2 GISD Appointee Roger Pena 1/96 2 Ronda Seagraves 1/96 2 Nick Sikes 1/96 2 Kathryn Stallard 1/97 2 Tom Swift 1/97 2 current Board Members Applying for Reappointment. - Name Comments Ronda Seagraves GISD Board Recommendation for Board Appointment: Sarah O'Brien Applicants from Inside City Limits Applying for the Board: Mike McMaster Mike Barnes Randolph Russell Jared Miles Steve Johnson Joan Sukup William Wehling Ramesh Mahale Kathie Frye John C. Johnson, Jr. Winnifred Adams Stephen Foster Cheryl Mize Debra Hobbs Carolyn Jackson James Allen Fry Guy Weinhold Applicants from Outside the City Applying for the Board: Bill Lipscomb Reggie Smith Danny Swofford, Jr. Robert Williams Greg Willis Kelley Benavides Nelson Dahlmann Tim Sullivan Christene Nemetsky Gayle Vokes SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None AGENDA ITEM COVER SHEET PARKS & RECREATION BOARD 01/23/96 Page 2 ATTACHMENTS None Z�,udmitted tjy: Hartley Sappington, Director of Community Services Council Meeting Date: 01 /23/96 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider the appointment of four members to the Planning & Zoning Commission. vv ITEM SUMMARY' The Planning &. Zoning Commission has four vacancies for terms to run from February, 1996, through January, 1998. All four vacant positions must be filled by persons residing inside the Georgetown city limits. Current Cnmmigsinn Mi?mhmrc- Name Term Expires # of Terms Restrictions John Kuhn 1/96 2 City Resident Charles Parker 1/97 1 City Resident Leon Douglas 1/97 2 City Resident Vacant 1/96 - City Resident Pete Weyrauch 1/96 1 City Resident Cal Wilkerson 1/96 1 City Resident Cynthia Smith 1/97 2 City Resident current Commission Members Applying for Reappointment: Name Comments Cal Wilkerson Applicants from Inside City Limits Applying for the Commission: Don Howard Claude Proctor Joan Sukup Jack Frost Cheryl Mize Robert Brannon Keith Riddle Larry Brown Guy Weinhold Steve Johnson Sarah Milburn Robert Jacobson Cathie Cappelle Howard Boone Wolf Loescher Tex Kassen Donald Cole Sandra Everest Mike McMaster Sharon Sanders John Treuhardt Les Romo Linda Vaclavik Thomas Casey Harvey Brabandt Applicants from Outside the City Applying for the Commission but Not Eligible Steve Williams Reggie Smith Rochelle Hall SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None Nelson Dahlmann Bruce Fielder Randy Eliassen Carolyn Russell Zane Kyle Rector John Johnson, Jr. Don McLaren Ramesh Mahale Danny Swofford, Jr. AGENDA ITEM COVER SHEET PLANNING & ZONING COMMISSION 01/23/96 Page 2 ATTACHMENTS None �udmitted b) . WL— Sep— Hartley Sappington, Director of Community Services Council meeting January 23. 1996 Item No. AGENDA ITEM COVER SHEET vv SUBJECT: Consideration of a Resolution to create the Century Plan Facilities and Services Plan Working Group and to direct the Working Group to proceed with the development of the Facilities and Services Functional Plan Element of the Century Plan. ITEM SUMMARY: The City Charter states that Georgetown's comprehensive plan will include a public facilities and services element. The basis for this element was developed by a Century Plan Task Group during the completion of the Century Plan - Policy Plan, adopted in 1988. This plan element is intended to provide the direction for decisions on what services the City should anticipate supplying to the community in the future and how they are to be delivered. The issues range from office space for City employees, to the delivery of health care services to Georgetown's citizens. Through an agreement with the University of Texas at Austin, graduate students from the LBJ School of Public Affairs and the Community and Regional Planning program, acting as consultants to the City, will provide research and report writing skills to the Working Group. The students completed a Draft Capital Facilities Base Study report during the fall semester of 1995, which will be presented to the Working Group by the students at the Working Group's first meeting. Completion of the Facilities and Services Plan Element is scheduled for May 1, 1990, to allow for the Council to consider its recommendations during planning sessions for the 1996-97 Annual Operating Plan. Suggested composition of the Working Group includes representatives from the following City Boards and Commissions: City Council, Police Advisory Board, Convention and Visitors Bureau, Parks and Recreation Board, Airport Advisory Board, Historic Preservation Commission, Planning and Zoning Commission, Library Advisory Board, Hospital Board, and the Housing Authority. Representatives from groups outside of the City should also be considered, including Williamson County, the Georgetown Independent School District, Southwestern University, the Chamber of Commerce, the Georgetown Industrial Foundation and the G.I.V.E. Board. The resolution states that the Chairperson of the Working Group is to be selected by the City Council. SPECIAL CONSIDERATIONS: None FINANCIAI, IMPACT: Funding for the completion of the Facilities and Services Plan Element will come from the Planning Services budget in the 1995-96 Annual Operating Plan. COMMENTS: None ATTACHMENTS: Resolution Submitted B,�L -Zf-",/, //�Z� - Edwar J. Barry, Al - Director Division of Developrfient Services Clyde von Rosenberg, Al Chief Planner, Long Rang lanning RESOLUTION NO. A RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS CREATING THE CENTURY PLAN FACILITIES AND SERVICES PLAN WORKING GROUP AND DIRECTING THE WORKING GROUP TO PROCEED WITH THE DEVELOPMENT OF THE FACILITIES AND SERVICES PLAN FUNCTIONAL PLAN ELEMENT OF THE CENTURY PLAN WHEREAS, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and WHEREAS, said City Charter now states that the comprehensive plan shall include but not be limited to 13 elements which are coordinated and internally consistent, including a "public services and facilities element (including CIP)"; and WHEREAS, all previously adopted Century Plan elements have been developed by a Committee of Georgetown citizens; and WHEREAS, the facilities and services element of the Century Plan - Policy Plan was developed by a Century Plan Task Group as established by Resolution No. 870239.019 adopted June 23, 1987; and WHEREAS, the City of Georgetown Annual Operating Plan for Fiscal Year 1995-96 identified the following Ends to be achieved by the City: "The City enjoys a high quality of life with excellent facilities and services which meet the specific needs of the community", "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 has an adequate level of fire protection that is provided equitably throughout the City", "The City has park facilities and recreational programs which meet the leisure needs of citizens" and "Georgetown is prepared to respond to large scale natural and technological emergencies"; and WHEREAS, the City's Annual Operating Plan for Fiscal Year 1995-96 proposed that the Ends described above will be achieved in part through the following Means: "Coordinate the preparation of the Facilities and Services Functional Plan element of the Century Plan in conjunction with a Council -appointed Citizens Working Group and support from the LBJ School of Public Affairs and the Community and Regional Planning Program at the University of Texas". 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 Facilities and Services Plan Resolution No. Page 1 of 3 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 Facilities and Services Policy 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 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. The Century Plan Facilities and Services Working Group (hereinafter known as the Working Group) is hereby created and charged with developing, with the assistance of the LBJ School of Public Affairs and the Community and Regional Planning Program at the University of Texas, the City of Georgetown's long range comprehensive plan to guide the development of City facilities and services to effectively serve the citizens of Georgetown. SECTION 3. The Working Group shall consist of no more than 25 members, including representatives from a broad spectrum of the Georgetown community and the agencies which provide service to Georgetown, including both City and non -City functions. SECTION 4. The Chairperson for the Working Group shall be selected by the City Council. SECTION 5. The Facilities and Services Functional Plan shall be approved by consensus of the Working Group prior to submittal to the City Council for action. SECTION 6. The Working Group shall deliver the completed Facilities and Services Plan Element to the City Council on May 1, 1996. SECTION 7. Prior to submittal of the Facilities and Services Functional Plan, the Working Group shall hold not less than one public hearing for discussion of the Plan at which a quorum of its membership is present. SECTION 8. The funding costs incidental to the creation of the Facilities and Services Functional Plan Element shall be accomplished by using the adopted budget of Planning Services. Minor expenditures shall be made subject to the approval of the Director of Development Services. All expenditures over $15,000 shall be made only with the approval of the City Council, pursuant to the Georgetown City Charter. SECTION 9. The Mayor is hereby authorized to sign on behalf of the City Council of the City of Georgetown. SECTION 10. This resolution shall be effective immediately upon adoption. Facilities and Services Plan Resolution No. Page 2 of 3 RESOLVED this 23rd day of January 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Facilities and Services Plan Resolution No. Page 3 of 3