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Agenda CC 10.28.2014
Notice of Meeting of the Governing Body of the City of Georgetown, Texas October 28, 2014 The Georgetown City Council will meet on October 28, 2014 at 6:00 PM at the Council Chambers, 101 E. 7th St., Georgetown, Texas The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation for Nurse Practitioner Week City Council Regional Board Reports Announcements - Election for Reauthorization of the'/4 of 1% Local Sales and Use Tax - Award for Outstanding Achievement in Popular Annual Financial Reporting - San Jose Park Grand Re -Opening, Thursday, October 30th Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, October 14, 2014 -- Jessica Brettle, City Secretary C Consideration and possible action to approve the appointment of Georgene Richaud to the Convention & Visitors Bureau Advisory Board to fill a vacancy -- Mayor Dale Ross D Consideration and possible action to approve a Resolution recommending the repeal of Ordinance No. 2013-59 and initiation of an executive amendment to the Unified Development Code ("UDC") related to the additional Water Quality Regulations for property located over the Edwards Aquifer Recharge Zone ("EARZ") imposed by Ordinance No. 2013-59, in accordance with the October 14, 2014 City Council Workshop -- Andreina Davila -Quintero, Project Coordinator and Andrew Spurgin, AICP, Planning Director E Forwarded from the Library Advisory Board: Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in a total amount not to exceed $110,000 for fiscal year 2014-2015 -- Eric Lashley, Library Director and Laurie Brewer, Assistant City Manager F Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of an easement granted to the City of Georgetown on July 29, 1930 by Mary Halden in Volume 256, Page 143 of the Official Records of Williamson County, Texas, on Lots 5-8, and the unrecorded extension thereof on Lots 2-3, Block 2, CITY OF GEORGETOWN, according to the map or plat thereof recorded in Volume 5, Page 211, and on a 3,600-square-foot parcel of land described as "Tract Two" in deed recorded in Document No. 2006113581 Official Records of Williamson County, Texas -- Wesley Wright, P.E., Systems Engineering Director and Terri Glasby Calhoun, Real Estate Services Coordinator G Consideration and possible action to approve a Takeover Agreement with Philadelphia Indemnity Insurance Company for completion of the San Gabriel Park Improvements Project -- Bridget Chapman, City Attorney H Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve a five year lease renewal with the United States Corp of Engineers for the Georgetown Challenge Course and Lake Georgetown Trail located at Booty's Road Park at Lake Georgetown -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager I Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to award the blanket agreement for office supplies to V- Quest of Georgetown, Texas in the estimated amount of $80,000.00 -- Micki Rundell, Chief Financial Officer and Trina Bickford, Purchasing Manager J Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to award the blanket agreement for paper products and janitorial supplies to Gulf Coast Supply in the estimated amount of $65,000.00 -- Micki Rundell, Chief Financial Officer and Trina Bickford, Purchasing Manager K Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a Resolution documenting the City of Georgetown's support and acceptance of a grant from Texas Department of Transportation (TxDOT) — Aviation Division to fund the Georgetown Airport Master Plan in an amount not to exceed $50,000.00 -- Edward G. Polasek, AICP, Transportation Services Director and Mike Babin, Deputy General Manager of Utilities Legislative Regular Agenda L Consideration and possible action to approve a Lease Agreement between the City of Georgetown and Boy Scout Troop #155 and St. John's United Methodist Church for use of the Boy Scout Hut and adjacent shed in San Gabriel Park -- Paul E. Brandenburg, City Manager M Consideration and possible action to approve a Resolution documenting the City of Georgetown's support and creation of a Transportation Infrastructure Zone and entering into an Interlocal Cooperation Act Agreement with the Lone Star Rail District to fund the future operation of commuter rail service through a portion of revenue generated by the Transportation Infrastructure Zone -- Paul Brandenburg, City Manager, Bridget Chapman, City Attorney, Micki Rundell, Chief Financial Officer and Edward G. Polasek, AICP, Transportation Services Director N Consideration and possible action to approve a Resolution authorizing the financing by the New Hope Cultural Education Facilities Finance Corporation for Wesleyan Home, Inc. located within the City of Georgetown -- Micki Rundell, Chief Financial Officer O Consideration and possible direction to staff to include an amendment to the Annual Budget to expedite hiring of one Planner on April 1, 2015 to a start date of January 1, 2015 -- Andrew Spurgin, Planning Director and Paul Brandenburg, City Manager P Forwarded from the General Government and Finance Advisory Board (GGAF): Review/Discuss recommendations for Employee Compensation Market Comparators -- Tadd Phillips, Director of Human Resources Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Patin Construction Co. of Taylor, Texas, for construction of curb and gutter at various locations in the City, in the amount of $578,307.50 -- Edward G. Polasek, AICP, Transportation Services Director and Mark Miller, Transportation Services Manager. R Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve the contract for the Outside Plant Fiber Optic Infrastructure, Construction Bid 201452, to JPC Construction, Cedar Park, TX, in the amount not to exceed $300,000 -- Paul Elkins, Energy Services Manager and Wesley Wright, P.E., Systems Engineering Director S Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to authorize the City to enter into Standard Utility Agreements for the relocation of certain utilities which are in conflict with the proposed construction of FM 1460 Improvements Project from Quail Valley Drive to 0.5 mile north of University Boulevard as owned by Atmos Energy Corporation, Oncor Energy Delivery and Seminole Pipeline Company in the amount estimated to be $2,076,374.49, with 90% of that amount, $1,868,737.00, to be reimbursed by TxDOT for a net estimated cost to the City in the amount of $207,638.00 -- Bill Dryden, P.E., Transportation Engineer and Edward G. Polasek, AICP, Transportation Services Director T Public Hearing and First Reading of an Ordinance for a Rezoning of 39.34 acres from the Agriculture District (AG) to a Planned Unit Development (PUD) for Sun City Neighborhood 58, located on Pedernales Falls Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) U First Reading of an Ordinance of the City Council ("Council") of the City of Georgetown, Texas ("City") amending the Code of Ordinances Chapter 2.52 "General Government and Finance Advisory Board," Chapter 2.48 "City Planning and Zoning Commission," Chapter 2.49 "Zoning Board of Adjustment," Chapter 2.64 "Building Standards Commission," Chapter 2.109 "Georgetown Utility System Advisory Board," and Chapter 2.113 "Georgetown Transportation Advisory Board;" repealing conflicting ordinances and resolutions and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) V Second Reading of an Ordinance for a Rezoning of 6.36 acres in the Antonio Flores Survey, from Residential Single-family (RS) District to Public Facility (PF) District, known as Church on the Rock, located at 925 Golden Oaks Drive -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) W Second Reading of an Ordinance on a Rezoning of Knuckle Down Subdivision, Lot 1, from the Industrial (IN) District to the General Commercial (C-3) District, known as Jimmy Jacobs Office Building, located at 4411 South IH-35 -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) X Second Reading of an Ordinance on a Rezoning of Whisper Oaks Subdivision, Block A, Lot 2, from the Residential Single-family (RS) District to the Low Density Multifamily (MF-1) District, known as Whisper Oaks HOA, located at 3000 Whisper Oaks Lane -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Y Second Reading of an Ordinance for the Voluntary Annexation of 1.37 acres in the Evans Survey, located at 5003 IH-35 -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Z Second Reading of an Ordinance for the Voluntary Annexation of 1.22 acres in the Wright Survey, located at 4124 Williams Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) AA Second Reading of an Ordinance for the Voluntary Annexation of 753.3 acres in the Perry, Thompson, Donagan, and Stubblefield Surveys, to be known as Wolf Ranch Hillwood, generally located at West University Avenue and Wolf Ranch Parkway -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) AB Second Reading of an Ordinance for the Voluntary Annexation of 54.54 acres of right-of- way for the future Southwest Bypass and Wolf Ranch Parkway -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) AC Second Reading of an Ordinance for the Voluntary Annexation of 10.76 acres in the Stubblefield and Thompson Surveys, located near DB Wood Road, for First Baptist Church Georgetown -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) AD Second Reading of an Ordinance amending the Code of Ordinances Chapter 2.50 "Historic and Architectural Review Commission," Chapter 2.68 "Georgetown Convention and Visitor's Board," Chapter 2.69 "Main Street Advisory Board," Chapter 2.72 "City Library Board," Chapter 2.104 "Parks and Recreation Board," and Chapter 2.116 "Housing Advisory Board;" repealing conflicting ordinances and resolutions and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) AE Second Reading of an Ordinance amending the Code of Ordinances by adding Chapter 2.100 "Americans with Disabilities Accessibility Advisory Board," Chapter 2.110 "Georgetown Commission on Aging," and Chapter 2.114 "Strategic Partnerships for Community Services Advisory Board;" repealing conflicting ordinances and resolutions and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) AF Second Reading of an Ordinance to expand the Downtown Overlay District by 5.40252 acres to include a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6; a 0.66-acre tract described as a portion of City of Georgetown, Block 4, Lots 1- 4; a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8; a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8; a 0.45-acre tract described as a portion of Stanley Addition, Block 1, Lot 1; a 0.218-acre tract described as Lost Addition, Blocks 67-68 (parts); and a 0.16-acre tract described as Glasscock Addition, Block 6, Lots 3-4 (parts) -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) AG Second Reading of an Ordinance for a Rezoning of a 0.66-acre tract described as City of Georgetown, Block 4, Lots 1-4, located at the northwest corner of Rock Street and 2nd Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) AH Second Reading of an Ordinance for a Rezoning of a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6, located at 808 Martin Luther King Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) Al Second Reading of an Ordinance for a Rezoning of a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8, located at 510 West 9th Street, from the General Commercial (C-3) district to the Mixed Use — Downtown (MU- DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) AJ Second Reading of an Ordinance for a Rezoning of a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8, located at Scenic Drive and 2nd Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) Project Updates AK Project Update and Status regarding American with Disabilities Act (ADA), SE Inner Loop Corridor Study, Downtown Parking, Lease Agreements related to City -Owned Property, Verde Vista, Overall Transportation Plan, Council Project Log, and Project Updates for the Georgetown Economic Development Corporation (GEDCO), the Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Transportation Advisory Board (GTAB), and Possible Direction to staff -- Paul E. Brandenburg, City Manager Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. AL - Kate McSpadden, with Wilco Montessori Partners, would like to advise the Council of a new charter school application in Central Williamson County per the Texas Education Agency requirements. 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. AM Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - CTSUD Update - EEOC — Ellison - EEOC — Spencer - EEOC -- Bermudez - Police - Meet and Confer - San Gabriel Park Improvements Project - Public Safety Facility - Williams Drive Project — County Agreement Section 551.072 Deliberation Regarding Real Property - VFW parkland purchase -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager Sec. 551.074: Personnel Matters - City Manager and City Attorney: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as allowed under Tex. Gov. Code Section 551.074 Personnel Matters Sec. 551.086: Competitive Matters - Discussion regarding the 2014 solar RFP. Presentation of bid offers and final rankings - Chris Foster, Manager of Resource Planning and Integration and Neil McAndrews from McAndrews and Associates Adjournment Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 2014, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Jessica Brettle, City Secretary City of Georgetown, Texas October 28, 2014 SUBJECT: Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation for Nurse Practitioner Week City Council Regional Board Reports Announcements - Election for Reauthorization of the 11/4 of 1 % Local Sales and Use Tax - Award for Outstanding Achievement in Popular Annual Financial Reporting - San Jose Park Grand Re -Opening, Thursday, October 30th Action from Executive Session ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, October 14, 2014 -- Jessica Brettle, City Secretary ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: ATTACHMENTS: October 14, 2014 DRAFT Workshop Minutes October 14, 2014 DRAFT Regular Meeting Minutes Notice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, October 14, 2014 The Georgetown City Council will meet on Tuesday, October 14, 2014 at 2:00 PM at the Council Chambers, at 101 E. 7th St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8" Street for additional information; TTY users route through Relay Texas at 711. Policy Development/Review Workshop — Call to order at 2:00 PM Mayor called the meeting to order at 2:OOPM and took up Item D first. A Discussion and Status Report on the United States Fish and Wildlife Service's (USFWS) listing of the Georgetown Salamander and proposed 4(d) special Rule, as well as the adopted Water Quality Regulations (Ordinance No. 2013-59) — Paul E. Brandenburg, City Attorney and Andreina Davilla-Quintero, Project Coordinator Brandenburg described the item for Council. He said there are still a lot of questions regarding this issue. He noted the city wants to make this very user friendly for our customers. He introduced Andreina Davila -Quintero who will be presenting the item to Council. He also introduced Valerie Covey, County Commissioner. Commissioner Covey thanked City staff and said the County has been involved in this project since the beginning. She said, with the isolation of the Georgetown salamander, it was important for them to stay involved. He thanked Brandenburg and Chapman for their hard work. She said staff wants to give Council an update on the status of this issue. She provided the Council a timeline of Water Quality Regulations for the Edwards Aquifer Recharge Zone (EARZ) as a result of the discovery of the Georgetown salamander. She said the City adopted Ordinance 2013-59 on December 20, 2013. She said USFWS listed the Georgetown Salamander as a threatened species with a 4(d) special rule in February 2014. She spoke about the meetings and discussions that have taken place since then. She said they are heading in the right direction and are waiting on approval and the signature process. She said, in the meantime, developers are coming into town and are ready to work. She noted they are working on a plan for how to approach developers that come in and help them through this process. Covey said she would like the Council to move this from an Ordinance to a Unified Development Code amendment in order to accomplish this goal. Davila -Quintero spoke about what the development community should be doing right now on the salamander issue. She showed the Council a flow chart of the Regulations Development Process Overview and she reviewed the entire process for the Council. She reviewed the next steps in the process. She said the next step is to codify this ordinance by making it part of the Unified Development Code. She said this will provide consistency of the applicability of this process. She said, as part of the UDC amendment process, staff plans to have a meeting with the development community, Planning and Zoning Commission meeting on November 1, City Council 1 st reading on November 25 and 2nd reading on December 9. Mayor asked and Davila -Quintero said this is something that has been in the works and added this is just a status update. She said she is here to take direction and answer questions from Council. Gonzalez said it seems like we are in a game of chicken. He asked if there is a way to sit at a table and try to come to an agreement. Covey said they have had that discussion. She said they have spoken to the service and have been very upfront with them. She said the trust factor is always building. She said the service always has the hammer and that is why we want to stay on track with what we are doing. Eason said there have been many years of coordination that has been a win -win situation for everybody. She said moving this Ordinance to the UDC only enhances our economic development and its relationship with the species. Jonrowe asked what it would take for the salamander to be delisted. Covey said that is a difficult one because it has just been listed. She said this is going to show that we can live together and the City can continue to develop alongside this species. Covey said the city has a better chance of the delisting by tackling the threats. There was much discussion. B Overview and direction regarding the General Government and Finance Advisory Board, the Planning and Zoning Commission, the Zoning Board of Adjustment, the Building Standards Commission, the Georgetown Utility System Advisory Board, and the Georgetown Transportation Advisory Board -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary Chapman introduced the item for Council. She spoke about the General Government and Finance Advisory Board and reviewed the membership, purpose and eligibility requirements for that board. She said the current residency requirement is that the members be either in the City or ETJ. She said there are no staff recommended changes to this board. Gonzalez spoke about residency requirements and said every board should have the requirement of residing in the City. Gonzalez asked and Chapman said some boards require only the City and others City/ETJ. She said it really depends on the board and if they discuss issues related to the ETJ as well as the City. Chapman suggested that it is better for GGAF to also include members who live in the ETJ. Mayor said you do not have to be a resident here to also be a stakeholder. Someone who owns a business in Georgetown have a piece in the community. Gonzalez agreed and withdrew his questions. Jonrowe asked if the Council member membership should say three "maximum" members instead of "minimum" members. Brainard suggested staff just strikes the word minimum. Jonrowe asked and Chapman confirmed there are items that go to GGAF that also go to other boards with Council members as well, depending on the topic. Eason said, if it is not one of the corporations, the city needs to be very cognizant of how many Council members vote on an item before it comes to the City Council members. Brainard said he thinks the GGAF process is working well. He said his understanding, though, is that the budget does not go to GGAF. He suggested that staff change that nomenclature from city budget to "fiscal matters." Eason agreed. Chapman introduced the Planning and Zoning Commission and said it is established by the City Charter. She described the section of the Charter pertaining to the Commission. She also reviewed the Planning and Zoning Ordinance, purpose, membership and eligibility requirements. She spoke about the Zoning Board of Adjustment, its purpose, membership and eligibility requirements. She said the Zoning Board of Adjustment does not meet often in the City of Georgetown. She spoke about the Zucker report and how it was determined that Planning and Zoning can also serve at the Zoning Board. She noted staff's recommendation is to keep the Zoning Board in place but it can be Mayor's prerogative to have shared membership on both boards. She said Planning and Zoning Commission members could be eligible to serve on the Zoning Board. Eason asked if this would be a conflict in case items from Planning and Zoning go to the Zoning Board. Spurgin said the UDC was changed a few years ago and the Zoning Board now rarely meets. He said nothing that Planning and Zoning does will be taken to the Zoning Board for subsequent action. Spurgin said, administratively, it would be easy for the Planning and Zoning Board to convene as the Zoning Board. Gonzalez said he thinks it would make sense not to disband the ZBA but to appoint the same members to that board. Fought said, as long as there is not a conflict, he is fine with this change. Chapman reviewed the Building Standards Commission, the purpose and membership eligibility requirements. There were no changes made to this Commission. She reviewed the Georgetown Utility Systems (GUS) Advisory Board as well. Eason said the Ordinance should change to remove the word "minimum" from the Council member membership. Chapman reviewed the Georgetown Transportation Advisory Board (GTAB) for the Council. She said this was the board that was amended last year to include review and management of airport and aviation issues. She said there are nine members on this board and she reviewed the membership requirements for the board. She spoke about the Airport Advisory Board and its interaction with GTAB. She said staff suggests that it is not necessary to create a new Airport Advisory Board. She spoke about how GTAB is engaged with implementation of Airport Business Plan and the master plan update has been accelerated. She continued to talk about staff feels it is not necessary to create a new board. She spoke about the many concerns related to the creation of a new Airport Advisory Board. She provided a suggestion of establishing an airport subcommittee of GTAB with the aviation experts that serve on the board on that committee. She said that subcommittee could spend special time on an airport item. She said the city council could also decide add another aviation expert, and then remove a council member or citizen for the board. Mayor spoke about how the airport is important and it is a stretch to think it is in line with other transportation modes in Georgetown. He said the airport is a huge asset to the City. Fought said he agrees and running an airport is entirely different ball game than other transportation issues. He said there are things that are simply not understood by a generic transportation board. He said he does understand that the previous organization proved to be dysfunctional but the airport needs to be separated out and managed accordingly. He said it would be good to establish this subcommittee but that committee would work to give birth to the full advisory board. Brainard said he agrees with Fought's statements. Chapman asked the Council when staff should start preparing to create an Airport board. Fought said he cannot see it taking more than six months to form a new board. There was much discussion on how the Board application process would correspond to the creation of a new Airport Board. Hammerlun asked and Chapman spoke about when staff thinks the Airport Manager would be coming on board. He said he does think a new Board should be created after a new Airport Manager is in place. Brettle spoke about how recruitment can take place outside of the normal application process if need be. Briggs spoke about the Airport Manager hiring process and how a Board can be established later. Jonrowe said it is important to establish this board in a very measured way. Hesser said he would be against forming an Airport Board at this time. There was more discussion on whether or not a subcommittee is necessary at this time. C Employee Benefits Update -- Tadd Phillips, Human Resource Director With a Powerpoint Presentation, Phillips provided a summary of the employee benefits. He spoke about self- insurance and how it has been successfully implemented. He said there are solid projections by Finance staff with assistance from Gallagher. He noted the city is projected to finish the first nine months with a positive balance. He continued to speak about self-insurance and how that plan works. He showed Council claims expense on employees from 2013 and 2014. He spoke about the Compass program and how it is a new program for the employees. Eason asked and Phillips said the Compass program is open to employees and retirees alike. He said the plans were reviewed at GGAF on October 7 and the Employee Benefits Committee has met twice to review the status as well as discusses emerging trends. He spoke about the 14-15 Plans and said, with the 10% increase in employer funding per approved budget, there should not additional fees to the employees. He said the city will also get to stay with the current plans and noted it is a net premium to the employees. He said the plan is to hold things solid with an annual contribution level to Health Savings Account of $1,000. He said the City has four retirees on the plan and noted they will see a 10% increase. There was much discussion about the city's benefits program. He reviewed the planned next steps of the project. He said in late October 2014, staff will hold employee meetings about the benefits and open enrollment will begin. He said the new plan year begins January 1, 2015. D Public Safety Operations Training Center Update -- Wayne Nero, Chief of Police Hammerlun introduced the item and with a Powerpoint Presentation, reviewed the key issues that will be discussed today. He said he is happy to tell Council that he does not think anyone will need to come back and ask for more dollars for this project. He reviewed the many issues that will be covered in this presentation. He provided a schedule overview to the City Council. He spoke about how four addenda were issued prior to bid day, which means the original documents were not perfect and a lot of issues that needed to be clarified. He spoke about how the project manager, Michael Seery, left the city in July and the ECM International contract as Program Manager was not completed until December 10, 2013. He said there was a five month period between the Council awarded the guaranteed maximum price in July to ECM's contract in December. He spoke about the tactical building and how it evolved. He said, during July of this year, this project got to a point where a stop work order was issued. He said that shows there were a lot of coordination and development issues that needed to be worked out. He said it is not common for a stop work order to be issued for a project like this. He said the Main Building is schedule for completion in December 2014 and Tactical Building Completion in January 2015. He said the department will be moving to the new location in the beginning of the new year. He said there is still an easement that is outstanding with the Corps of Engineers related to a wastewater line connection and there are challenges with respect to getting that easement. He noted staff is prepared to make this building functional without that Corps of Engineers easement. He reviewed some City Management issues and decisions on this project. He said, when ECM got involved back in December, there was no documentation available with respect to Michael Seery's records. He spoke about design control/quality control and how the design team requested an extension of time. He said Council denied that extension and it impacted the document quality. He said another issue is that we had very little ability to provide our own internal quality control of those documents with respect to the technical aspect of the project. He spoke about the bid process and decisions made by the city for that process. He spoke about how the City did not take full advantage of the construction manager at risk process. He spoke about why this is so. He continued to describe some of the management issues with this project. He provided a detailed cost overview of the project for Council. He reviewed the current status of contingency accounts. He said the City never anticipated that it would need to go to a third party person for project management, which resulted in an additional cost. He said the numbers being provided to the Council today are the most updated version. He said the current status of contingency account is that $411,144 is still available to deal with issues that may come up with this project moving forward. He said he is convinced that several issues with Bartlett Cocke need to be resolved. He said there has been an ongoing dispute with Bartlett Cocke on pricing. He said the dispute has already been deducted from the CM contingency. He said this dispute needs to be resolved sooner rather than later. He said the other issue with respect to Bartlett Cocke is the issue of a "Self - Performance" bid items. He said the challenge has been the reconciliation of the self -performance items identified back in June 2013 with what the subcontractors were actually responsible to do. He said Bartlett-Cocke has offered to settle this dispute. He spoke about the details of the dispute. He said the city should strongly talk about getting this resolved and move on. He spoke about the "worst case scenario" of what they feel is the anticipated future costs for the project. He provided a current status of the contingency accounts minus anticipated future costs. He said it seems the city will have a firm savings of $100,000. Gonzalez thanks Hammerlun and Newsom for their hard work on this project. Gonzalez asked who the city can talk to with questions. He said he is not sure who the city's point person on this project is currently. Hammerlun gave kudos to the City Attorney and her team. He said they have expended a lot of hours with the program managers with regard to this project. He said the city's team would include the council, program managers who represent the city, the design team and the legal department. Fought said moving ahead, he thinks the city made the right decision hiring this firm as the program manager. He said one of the lessons learned is to start right on projects of this size. Fought spoke about how he needs to know what happened between when the city's original project manager left and the new management firm was hired. He wants to make sure that things like this don't happen again. Brainard thanked Hammerlun for getting involved and bringing their expertise forward. He commended Chapman and her staff. He said he is feeling much better than he did three weeks ago. Eason thanked Hammerlun and everyone else for coming together and getting this work done and it is essential in getting us in the right direction. She said she agrees with Hammerlun's assessment and asked what Hammerlun is recommending. Hammerlun said there needs to be some conversation in executive session about things. Jonrowe thanked Hammerlun and everyone for their work. She said she wants to make sure she understands what Hammerlun is suggesting. Jonrowe asked and Hammerlun spoke about the recommended settlement with Bartlett-Cocke. Chapman said a list of relevant Executive Session items can be made and discussed in closed session. Gonzalez said he would like to know the decision process before ECM came on board. He said he wants to know the decision process that made 5 months go by between the project manager leaving and ECM being hired.There was much discussion. Meeting recessed to Executive Session under Sections 551.071 and 551.074 of the Local Government Code — 4:05PM 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. E Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as allowed under Tex. Gov. Code Section 551.074 Personnel Matters Adjournment — Meeting returned to Open Session and adjourned — 6:05PM Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8rh Street, a place readily accessible to the general public at all times, on the day of , 2014, at , and remained so posted for at least 72 hours preceding the scheduled time of said meeting. Jessica Brettle, City Secretary Notice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, October 14, 2014 The Georgetown City Council will meet on Tuesday, October 14, 2014 at 6:00 PM at the Council Chambers at 101 E. 7th St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 81h Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation for Colonial Heritage Month, accepted by Sandra Simmons - Proclamation for Public Power Week - Proclamation for Texas Archives Month - Proclamation for Chisholm Trail Month City Council Regional Board Reports Announcements - City Awarded the Certificate of Achievement for Excellence in Financial Reporting - Georgetown Utility Systems Awarded the Texas Public Power Association (TPPA) Honor Roll Award - Electrical Lineman's Rodeo - Election for Reauthorization of the of 1 % Local Sales and Use Tax Action from Executive Session There was no action out of Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, September 23, 2014 -- Jessica Brettle, City Secretary C Consideration and possible action to approve the appointment of Ellen Davis as the Chair of the Zoning Board of Adjustment to fill a vacancy -- Mayor Dale Ross D Consideration and possible action to approve the appointment of Dawson Speer to the Youth Advisory Board to fill a vacancy -- Mayor Dale Ross E Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve a Resolution authorizing a payment of $161,656.00 for the City's pro-rata portion of the cost of operation of the Williamson Central Appraisal District -- Micki Rundell, Chief Financial Officer Motion by Brainard, second by Hesser to approve the consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda W First Reading of an Ordinance amending the Code of Ordinances restricting vehicular traffic at the intersection of West Majestic Oak Lane and Apache Mountain Lane in the Sun City Subdivision, in the City of Georgetown, Texas; repealing conflicting ordinances and resolutions; and providing an effective date — Bridget Chapman, City Attorney (action required) The Mayor moved this item up to the front of the Legislative Regular Agenda. Chapman described the item and said there has been a lot of public input regarding this item. She said staff was directed to bring back this item and said a very thorough staff report has been attached to this item. She said she was asked to provide a legal opinion as to whether or not this street could be closed. She said the street can be closed as long as the city's action is rationally related to a legitimate state interest. She added this has been held to mean closing a public street or road can be done when the action is for the benefit of city residents. She said, in this case, the reason for the street closure is to alleviate traffic in Woodland Park. She said closing of this road requires a study of the impact on the residents and an analysis of all costs and benefits to the city. She noted, the Sun City Traffic Impact Analysis (TIA), which Pulte is in the process of preparing regarding this intersection, will provide the city with information regarding the impacts if any resulting to the Sun City subdivision and the cost related to restricting traffic to this intersection for emergency access only. She said, without this information, it is her opinion that the City Council has insufficient information to make a decision as to whether closing the road is rationally related to a legitimate state interest. She noted, if Council approves the Ordinance to restrict access, it is staff's recommendation to defer the second reading of the Ordinance until sufficient information is available for Council to make a fully informed analysis on this issue. Mayor said and Chapman confirmed this could be legally challenged. Gonzalez said it is his opinion that Council should defer this until Council receives more information and the traffic impact analysis is complete. Motion by Gonzalez, second by Fought to defer this item until a traffic analysis and legal issues pending are completed as soon as possible by the 1st meeting in December Speakers John Deras, Clyde Claggett, Daryl Eldridge, Donald Green, Peter Rauch, Leslie Kenney, Fred Kandel, Dennis Wilson, Jim Pike, Ellen Silverman, Ben Butler, Brian Robinson, Jon Gorbach, Don Scott, Donna Betts, Cindy Wilkinson-Claggett, Dina Czarapata expressed their opinions on this item. For the full discussion and presentation, please visit the city's website at http://www.georaetown.org/gtv There was a lot of discussion. Fought said, whatever the council decide tonight, they still need to look at this issue from a citywide perspective. He said if the Council decides to postpone this issue, the question of annexation should also be explored. He said one of the reasons the city is limited in their ability is because the city does not have these roads. He said it is important the City clears the way for the connection to CR 245 so the Council can have the full picture. Jonrowe asked and Chapman said staff has not yet looked at the cost for adding sidewalks and lights to the area in order to bring it up to city standards. Jonrowe asked and Chapman confirmed stop signs have been adding by the County. Jonrowe continued to ask questions about various aspects related to these changes. Jonrowe asked about adding speed bumps. Brandenburg said speed bumps are not allowed in the city, but the county could do that. Jonrowe spoke about the possibility of adding a temporary barricade. Chapman said even a temporary closure could be challenged. She added there is no fence, so citizens could just drive around the barricade. Hammerlun asked if there are other streets in Georgetown of the same width without sidewalks on both sides of the road. Hammerlun said this is a significant issue within the existing city property. Brainard said he continues to support an emergency blockade at this location but he also does not want to get into legal trouble. Hesser said he is disappointed with this situation and would like to see this temporarily closed. He said his biggest concern is that we are going to repeat this issue in others areas throughout the city. Jonrowe said if this motion fails, she is going to make a second motion to put up a temporary gate. There was much discussion. Vote on the motion: Approved 6-1 (Jonrowe opposed) Meeting recessed at 7:40PM Meeting resumed at 7:45PM F Consideration and possible action to approve a Resolution expressing official intent to reimburse costs for electric, water, wastewater, transportation and stormwater drainage capital improvements; the purchase of public safety vehicles and equipment, and costs associated with various facility, downtown and park improvements; in an amount not to exceed $25,439,000 million with proceeds from bonds that will be issued at a later time -- Micki Rundell, Chief Financial Officer Rundell described the item for Council. She said this bond reimbursement Resolution is a key element in the city's debt management program. Motion by Eason, second by Jonrowe to approve the Resolution. Approved 7-0 G Consideration and possible action to direct Staff to prepare a Resolution to create a Transportation Infrastructure Zone for Council's subsequent consideration and possible action -- Bridget Chapman, City Attorney Chapman described the item for Council. She said the Chapter 173 of the Texas Transportation Code allows local governments to contract with inter -municipal rail districts to create transportation infrastructure zones called TIZ. She described a TIZ for the Council. She said the Lone Star Rail District has proposed to the City of Georgetown and other municipalities to create a TIZ to facilitate the city's contribution of financing to fund the construction and design, operation and maintenance of a Georgetown rail station. She said the Lone Star Rail District is requesting a creation of the TIZ on or before December 31, 2014. She said the Lone Star Rail District is pledging 50% of the tax increment. She described the terms of the Interlocal Agreement. She said the TIZ would be created by a Resolution of the Council that will include the Interlocal Agreement. She said staff will be meeting with the representatives of the Lone Star Rail District to determine the TIZ boundary to negotiate the terms of the interlocal later in the week. She said staff will be bringing back the Resolution at the next meeting. She said Councilmember Fought has proposed questions and those will be answered at the next meeting as well. Motion by Eason, second by Jonrowe to direct staff to prepare the Resolution to create a Transportation Infrastructure Zone (TIZ) for Council's subsequent consideration and possible action as allowed in Chapter 173 of the TTC. She noted the information being provided to Council is not current. Fought asked if this motion is directing staff to prepare the documents and Resolution for Council's vote at the next meeting. Eason confirmed that this vote is not approving a TIZ. She said this is just directing staff to prepare the documents. She noted a lot of this is old information and the specifics need to be worked on in order to create the TIZ. Gonzalez said this sounds too much like Council is being asked to approve something before they get to see what is in it. He noted he would like to see what is in it before approving it. Eason clarified that this motion will bring all of that information back to Council for consideration and vote. There was much discussion. Vote on the motion: Approved 5-2 (Hesser, Gonzalez opposed) H Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of two Dodge 4500-Diesel transitional response vehicles (TRV's) from Dallas Dodge Chrysler Jeep through the Buy -Board contract purchase price of $367,740.00 -- John Sullivan, Fire Chief Sullivan described the item for Council. Speaker, Terry Putnam, asked that Council pull this item and stop the hiring process of the new paramedics. He said the city needs a robust community discussion before proceeding. He said there needs to be a Workshop with Williamson County so they can present on their numbers and facts. Mayor said that will occur at the November workshop. Putnam asked what problem the city is trying to solve with this new program. He noted he has not heard any complaints about the existing system. He continued to speak about his concerns with spending money on this program without having a full discussion about it. Gonzalez asked and Sullivan said staff has had ongoing dialogue with Williamson County on this new program. He said the City has been fully transparent along the way. Motion by Jonrowe, second by Fought to approve the purchase. Fought asked and Sullivan confirmed the City has been having ongoing dialogue and have been working very closely with the County. Hesser asked and Sullivan said Council will be hearing an update from the County on November 11. Hesser said he is concerned that the City is spending money on the program prior to hearing from the County. Sullivan said this item was in the original budget request. He said, no matter what, he needs more firefighters and he needs the TRVs regardless. He noted he still needs them to respond to medical calls. There was much discussion. Vote on the motion: Approved 7-0 Forward from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to award the City of Georgetown janitorial and floor cleaning service contract to Pruitt Building Services for fiscal year 2014/2015, with an option to renew for an additional three (3) years. The annual amount will not to exceed $550,000.00, the contracted amount includes the Public Safety Operations and Training Facility scheduled to open early 2015 -- Trish Long, Facilities Supervisor and Eric Nuner, Assistant Director of Parks and Recreation Brewer described the item and said it was forwarded from GGAF. She said this is an award for janitorial and floor cleaning services to Pruitt Building Service for the current fiscal year. She said there is also an option to renew for additional three years. Motion by Gonzalez, second by Hammerlun to approve the item. Approved 7-0 J Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve Task Order KPA-15-001 with Kasberg, Patrick & Associates, LP, of Georgetown, Texas, for professional engineering services related to the final engineering design for construction plans, specifications and estimate and for rights -of -way acquisition services for the Rivery Boulevard Extension from Williams Drive to Northwest Boulevard in the amount of $706,110.00 -- Bill Dryden, P.E., Transportation Engineer and Edward G. Polasek, AICP, Transportation Services Director Polasek described the item and said the schematic for this was approved in May 2013. He said GTEC has funded the first portion of this in this year's budget. He described the continuing right-of-way acquisition process for the Council. Motion by Eason, second by Fought to approve. Brainard asked and Polasek spoke about when and how property owners will be notified of the acquisition Vote on the motion: Approved 6-0 (Hammerlun recused himself from the discussion) K Public Hearing and First Reading of an Ordinance to expand the Downtown Overlay District by 5.40252 acres to include a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6; a 0.66- acre tract described as a portion of City of Georgetown, Block 4, Lots 1-4; a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8; a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8; a 0.45-acre tract described as a portion of Stanley Addition, Block 1, Lot 1; a 0.218-acre tract described as Lost Addition, Blocks 67-68 (parts); and a 0.16-acre tract described as Glasscock Addition, Block 6, Lots 3-4 (parts) -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this Ordinance is to expand the downtown overlay district. He said no public comments were received and staff recommends approval. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:16PM No persons were present to speak. Public Hearing was closed at 8:16PM Motion by Jonrowe, second by Gonzalez to approve the Ordinance on first reading. Approved 7-0 L Public Hearing and First Reading of an Ordinance for a Rezoning of a 0.66-acre tract described as City of Georgetown, Block 4, Lots 1-4, located at the northwest corner of Rock Street and 2"d Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:17PM No persons were present to speak. Public Hearing was closed at 8:17PM Motion by Gonzalez, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 M Public Hearing and First Reading of an Ordinance for a Rezoning of a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8, located at Scenic Drive and 2nd Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district --Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:19PM No persons were present to speak. Public Hearing was closed at 8:19PM Motion by Hammerlun, second by Jonrowe to approve the Ordinance on first reading. Approved 7-0 N Public Hearing and First Reading of an Ordinance for a Rezoning of a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6, located at 808 Martin Luther King Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district. -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:20PM No persons were present to speak. Public Hearing was closed at 8:20PM Motion by Jonrowe, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 O Public Hearing and First Reading of an Ordinance for a Rezoning of a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8, located at 510 West 9t' Street, from the General Commercial (C-3) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:22PM No persons were present to speak. Public Hearing was closed at 8:22PM Motion by Jonrowe, second by Gonzalez to approve the Ordinance on first reading. Approved 7-0 P Public Hearing and First Reading of an Ordinance for the Rezoning of 6.36 acres in the Antonio Flores Survey, from Residential Single-family (RS) District to Public Facility (PF) District, known as Church on the Rock, located at 925 Golden Oaks Drive -- Carla J. Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:23PM No persons were present to speak. Public Hearing was closed at 8:23PM Motion by Gonzalez, second by Brainard to approve the Ordinance on first reading. Approved 7-0 Q Public Hearing and First Reading of an Ordinance for the Rezoning of Knuckle Down Subdivision, Lot 1, from the Industrial (IN) District to the General Commercial (C-3) District, known as Jimmy Jacobs Office Building, located at 4411 South IH-35 -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing opened at 8:24PM No persons were present to speak. Public Hearing was closed at 8:24PM Motion by Gonzalez, second by Brainard to approve the Ordinance on first reading. Approved 7-0 R Public Hearing and First Reading of an Ordinance for the Rezoning of Whisper Oaks Subdivision, Block A, Lot 2, from the Residential Single-family (RS) District to the Low Density Multifamily (MF-1) District, known as Whisper Oaks HOA, located at 3000 Whisper Oaks Lane -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:26PM No persons were present to speak. Public Hearing was closed at 8:26PM Motion by Jonrowe, second by Eason to approve. Approved 7-0 S First Reading of an Ordinance for the Voluntary Annexation of 1.37 acres in the Evans Survey, located at 5003 IH-35 -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Brainard to approve the Ordinance on firs reading. Approved 7-0 T First Reading of an Ordinance for the Voluntary Annexation of 1.22 acres in the Wright Survey, located at 4124 Williams Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Gonzalez, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 U First Reading of an Ordinance amending the Code of Ordinances Chapter 2.50 "Historic and Architectural Review Commission," Chapter 2.68 "Georgetown Convention and Visitor's Board," Chapter 2.69 "Main Street Advisory Board," Chapter 2.72 "City Library Board," Chapter 2.104 "Parks and Recreation Board," and Chapter 2.116 "Housing Advisory Board;" repealing conflicting ordinances and resolutions; and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) Chapman described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Eason said, on the HARC Ordinance under Section 2.50.030 Training, she would like to clarify that that should mean specific training on the job of a commissioner of HARC and not just general training. Brewer agreed and said that is how staff has interpreted the Ordinance. Motion by Eason, second by Fought to approve the Ordinance on first reading. Approved 7-0 V First Reading of an Ordinance amending the Code of Ordinances by adding Chapter 2.100 "Americans with Disabilities Accessibility Advisory Board," Chapter 2.110 "Georgetown Commission on Aging," and Chapter 2.114 "Strategic Partnerships for Community Services Advisory Board;" repealing conflicting ordinances and resolutions; and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) Chapman described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. She reviewed the proposed changes to these boards. Eason said, under the Strategic Partnerships for Community Services Board Policies and Guidelines, she wants to make sure that vision and dental would also be included under the safety net umbrella of "healthcare." Fought spoke about the Georgetown Commission on Aging and said he still has a concern that one member be enrolled in school high school or college. He said a student could learn a great deal and contribute and he applauds the idea of creating a closer connection to southwestern. He suggested that it be a professor from the University that teaches in subjects in this arena. He spoke about the advantage of having a professor in this position. He said the City should also offer the opportunity for the professor to open up an internship for this position. Jonrowe spoke about how having a student on the board would be important and that person could provide something unique to that board. Fought disagreed and said it is important for the person to have contributed to the field and be able to bring something to the table. Motion by Fought, second by Brainard to amend the Georgetown Commission on the Aging change student to professor who has done research and teaching in this particular field as well as the addition of an opportunity for student internships. Approved 5-2 (Eason Jonrowe) Motion by Eason, second by Gonzalez to amend the Strategic Partnerships for Community Services Board Ordinance to include vision and dental as part of the healthcare umbrella under polices and guidelines. Approved 7-0 Motion Gonzalez, second by Hammerlun to approve the Ordinance as amended twice. Approved 7-0 X Second Reading of an Ordinance for the Voluntary Annexation of 25.24 acres in the William Roberts Survey, to be known as the Hills at Georgetown Village, located southeast of Shell Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Fought, second by Brainard to approve the Ordinance Approved 7-0 Y Second Reading of an Ordinance for the Rezoning of 29.673 acres in the William Roberts Survey, from Agriculture (AG) District to Planned Unit Development (PUD) with a base district of Residential Single Family (RS) District, to be developed as Hills of Georgetown Village, located southeast of Shell Road -- Carla J. Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Hammerlun, second by Gonzalez to approve the Ordinance. Approved 7-0 Z Second Reading of an Ordinance for the Voluntary Annexation of 768.9 acres in the Foy and Dyches Surveys, to be known as Sun City, Somerset Hills Tract, located near CR 245 and Ronald Reagan Boulevard -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Speaker, Diane Nagy, spoke about growth in Georgetown. She spoke about her displeasure with how much the City is growing and how there is a lot of concrete throughout Georgetown. She asked that Council consider slowing down the growth in Georgetown Motion by Fought, second by Gonzalez to approve the Ordinance. Approved 7-0 AA Second Reading of an Ordinance for a Rezoning from the Agriculture District to a Planned Unit Development District for 768.9 acres in the Foy and Dyches Surveys located near CR 245 and Ronald Reagan Boulevard, to be known as the Sun City Somerset Hills Tract -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Fought, second by Hesser to approve the Ordinance. Approved 7-0 AB Second Reading of an Ordinance for the Voluntary Annexation of 405.95 acres in the Eaves Survey, to be known as Sun City Queen Tract located on Highway 195 near Sun City Boulevard -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Hesser, second by Hammerlun to approve the Ordinance. Approved 7-0 AC Second Reading of an Ordinance for a Rezoning from the Agriculture District to a Planned Unit Development District for 405.95 acres in the Eaves Survey located on Highway 195 near Sun City Boulevard, to be known as the Sun City Queen Tract -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Hesser, second by Fought to approve the Ordinance. Approved 7-0 AD Second Reading of an Ordinance for a Rezoning of 19.033 acres in the John Berry Survey from the Industrial (IN) District and the Agriculture (AG) District to the Regional Commercial (C-3) District, located at 3901 IH 35 -- Valerie Kreger, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Hesser, second by Hammerlun to approve the Ordinance. Approved 7-0 AE Consideration and possible direction to amend the annual performance review evaluation process for City Council appointed positions including the City Manager, the City Attorney, the City Secretary, and the Municipal Court Judge -- Bridget Chapman, City Attorney and Mayor Dale Ross Chapman introduced the item and said this is here to provide the Council with the opportunity to amend the performance review evaluation process for their direct reports. Mayor said the Council needs the flexibility to meet with their direct reports at least once a year. He said Council should be able to meet as often as necessary. Eason said her only concern is to make sure the annual reviews are held prior to Council elections. Brandenburg said the process has been set to ensure that takes place before the May election. There was some discussion as to whether or not this was necessary. No action was taken. Project Updates AF Project Update and Status regarding Americans with Disabilities Act (ADA), SE Inner Loop Corridor Study, Downtown Parking, Lease Agreements related to City -Owned Property, Municipal Utility District (MUD) Policy, Verde Vista, Council Project Log, and Project Updates for the Georgetown Economic Development Corporation (GEDCO), the Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Transportation Advisory Board (GTAB), and Possible Direction to staff -- Paul E. Brandenburg, City Manager Brandenburg reviewed the updates that have been included on this item. He drew Council's attention to the Verde Vista item. Hammerlun asked and Brandenburg said staff is working on the Overall Transportation Plan and will come back with an update at a future meeting. AG Department Update from the City Secretary and possible Council discussion and direction to staff -- Jessica Brettle, City Secretary Brettle said she has provided Council with an update on projects in her department. She said she is available to answer any questions Council may have. AH Department Update from the City Attorney and possible Council discussion and direction to staff -- Bridget Chapman, City Attorney Chapman said Council had been asking about the workload in the Legal Department. She noted she thinks it would be premature to consider hiring another attorney at this time. She said if the city spends more money on relief in the department, it needs to be spent on the Open Records issue. She noted the department will be bringing forward an Open Records policy after the first of the year. She said she would like to have her full staff in place for a while before determining the department's needs. Meeting adjourned — 9:03PM Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. Al - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda 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. AJ Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as allowed under Tex. Gov. Code Section 551.074 Personnel Matters Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 2014, at , and remained so posted for at least 72 hours preceding the scheduled time of said meeting. Jessica Brettle, City Secretary City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve the appointment of Georgene Richaud to the Convention & Visitors Bureau Advisory Board to fill a vacancy -- Mayor Dale Ross ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve a Resolution recommending the repeal of Ordinance No. 2013-59 and initiation of an executive amendment to the Unified Development Code ("UDC") related to the additional Water Quality Regulations for property located over the Edwards Aquifer Recharge Zone ("EARZ") imposed by Ordinance No. 2013-59, in accordance with the October 14, 2014 City Council Workshop -- Andreina Davila -Quintero, Project Coordinator and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: The main purpose of this item is to direct staff to clean up an existing City ordinance by codifying it into the UDC and making an update for consistency with State Statute. On December 20, 2013, the City of Georgetown City Council approved Ordinance 2013-59 establishing additional requirements for property located over the Edwards Aquifer Recharge Zone ("EARZ") within the City limits and its Extraterritorial Jurisdiction ("ETY) to safeguard the stream and spring formations of the EARZ, and protect water quality ("Water Quality Regulations"). This Ordinance established no -disturbance and minimal disturbance zones around identified Georgetown Salamander habitat sites and buffer zones around all springs and streams, as well as improved water quality by increasing the percentage of total suspended solids removal from 80% to 85%. The ordinance was written based on the premise that the species would not be listed as endangered or threatened, if these measures were taken at the local level. After the adoption of this Ordinance, on February 24, 2014, the United States Fish and Wildlife Service ("USFWS") listed the Georgetown Salamander as a threatened species. USFWS is currently in the process of developing a 4(d) special Rule that will be attached to the threatened listing, and is expected to be finalized by the end of calendar year 2014. It is the intent of the USFWS to incorporate the City's Water Quality Regulations pertaining to the identified Occupied Sites into the proposed 4(d) special Rule. With the 4(d) special Rule accepting the City of Georgetown Water Quality Regulations, stakeholders will have the benefit of consistent and objective criteria for developing land in the EARZ without the need for site -specific determinations by the USFWS. Maintaining local control over adequate water quality protections was the desire when the City's ordinance was adopted in December 2013; therefore, the listing with the 4(d) special Rule in place does not undermine the intent. One change since the time of the December 2013 Ordinance is that the listing of the Georgetown Salamander as a threatened species precludes municipal enforcement of the section of the Ordinance pertaining to Occupied Sites due to the limitations on government entities imposed by Chapter 83 of the Texas Parks and Wildlife Code. Since the species was not listed at the time of the municipal ordinance, this was previously not a legal issue. In order to continue the City's goal of protecting water quality in accordance with State Law, the City's UDC must be amended to include the additional water quality regulations established by Ordinance 2013-59 that do not affect an identified Occupied Site so as not to conflict with State Law. Development of property with an Occupied Site or within 984 feet of an Occupied Site would be subject to the standards imposed by the proposed 4(d) special Rule. In accordance with the October 14, 2014 City Council Workshop, the proposed Resolution, if approved, will initiate the process to amend the UDC to formally codify certain water quality measures for property located over the EARZ. The City's current development process will continue to include (1) the submittal and acceptance of a Geologic Assessment ("GA") for all current and future development activities (Regulated Activity), and (2) a signed and notarized Acknowledgement Form with the first required development application. Recommended Motion: Approval of the Resolution to initiate an executive amendment to the Unified Development Code to allow for formal codification of certain water quality measures for property located over the Edwards Aquifer Recharge Zone in accordance with State Law, and subsequent repeal of Ordinance 2013-59. FINANCIAL IMPACT: Policy direction only. Potential financial impacts may be presented at such time that the new ordinance is brought forward to Council. SUBMITTED BY: Andreina Davila -Quintero, Project Coordinator ATTACHMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, PURSUANT TO THE CODE OF ORDINANCES OF GEORGETOWN, TEXAS, RECOMMENDING THE INITIATION OF AN EXECUTIVE AMENDMENT TO THE UNIFIED DEVELOPMENT CODE ("UDC") TO ALLOW FOR FORMAL CODIFICATION OF CERTAIN WATER QUALITY STANDARDS FOR PROPERTY LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE ("EARZ") WITHIN THE CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION ("ETJ" ), AND SUBSEQUENT REPEAL OF ORDINANCE 2013-59 ADOPTED DECEMBER 20, 2013; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on December 20, 2013, the City Council of the City of Georgetown, Texas, adopted Ordinance 2013-59, establishing additional requirements for property located over the Edwards Aquifer Recharge Zone ("EARZ") within the City limits and its Extraterritorial Jurisdiction ("ETJ") to safeguard the stream and spring formations of the EARZ, and protect water quality ("Water Quality Regulations"); and WHEREAS, Ordinance 2013-59 established no -disturbance and minimal disturbance zones around Georgetown Salamander habitat sites identified by the United States Fish and Wildlife Service ("USFWS") and buffer zones around all springs and streams, as well as improved water quality by increasing the percentage of total suspended solids removal from 80% to 85%; and WHEREAS, on February 24, 2014, the USFWS listed the Georgetown Salamander as a threatened species; and WHEREAS, USFWS is currently in the process of developing a 4(d) special Rule that will be attached to the threatened listing and is expected to be finalized by the end of calendar year 2014; and WHEREAS, it is the intent of the USFWS to incorporate the City's Water Quality Regulations pertaining to the identified habitat sites into the proposed 4(d) special Rule; and WHEREAS, Chapter 83 of the Texas Parks and Wildlife Code limits government entities from imposing rules and regulations that are related to endangered species, thus limiting the RESOLUTION NO. PAGE 1 OF 3 WATER QUALITY REGULATIONS FOR THE EARZ City's ability to enforce the sections of the Ordinance pertaining to the identified habitat sites; and WHEREAS, the City wishes to continue to protect water quality for properties located over the EARZ within its jurisdiction in accordance with State Law; and WHEREAS, the City Council established a Unified Development Code Advisory Committee on November 12, 2013, to review proposed or requested amendments to the Unified Development Code ("UDC") other than executive amendments which are those amendments that are nondiscretionary, mandatory, or legislative revisions to address state statutes or case laws, ratify published directors determinations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel. 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 City of Georgetown 2030 Comprehensive Plan. SECTION 2: City Council hereby designates amendments to the UDC relative to certain water quality standards for property located over the EARZ within its jurisdiction, and subsequent repeal of Ordinance 2013-59, as a legislative revision to address state statutes. SECTION 3: The Mayor is hereby authorized to execute, and the City Secretary to attest this Resolution. SECTION 4: This resolution shall become effective immediately upon adoption. RESOLVED this day of 2014. Dale Ross, Mayor RESOLUTION NO. PAGE 2 OF 3 WATER QUALITY REGULATIONS FOR THE EARZ ATTEST: Jessica Brettle, City Secretary APPROVED AS TO FORM: Bridget Chapman, City Attorney RESOLUTION NO. PAGE 3 OF 3 WATER QUALITY REGULATIONS FOR THE EARZ City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the Library Advisory Board: Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in a total amount not to exceed $110,000 for fiscal year 2014-2015 -- Eric Lashley, Library Director and Laurie Brewer, Assistant City Manager ITEM SUMMARY: In central Texas, only library materials vendors Ingram, Inc. and Baker & Taylor are set up to handle the volume of single -title sales a library generates. Fiscal responsibility dictates that we give most of our business to the one with the deepest discounts. The library's budget for materials for FY 14-15 is $140,000. In FY 13-14, under contract 715-N, State of Texas Co -Op # M2461, we spent $101,000 with Ingram because they gave us the deepest discounts: 47% for hardcover books, 4 1 % for paperbacks, and 31.5% for DVDs. Also, under this contract we receive free shipping. We will operate under a new contract, 715-M2, for FY 14-15. All discounts and free shipping remain the same. On October 20, 2014, the Library Advisory Board voted unanimously to approve using Ingram as the library's primary vendor for acquiring new materials. FINANCIAL IMPACT: Library staff believes that giving the bulk of out business to Ingram is the most cost-effective way to operate. SUBMITTED BY: Valerie Barber ATTACHMENTS: State of Texas CO-OP Listing Ingram Library Discounts INGRAM LIBRARY SERVICES INC. Discounts for the STATE OF TEXAS - 715-M2 (Statewide Procurement Commission) The following terms and discounts are offered to the Public Library Members. Contract Period: September 1, 2014 through August 31, 2015 Book Discounts Per Binding Discount Hardcover Trade (Adult & Juvenile) 47.0% Quality & Mass Market Paperbacks (Adult & Juvenile) 41.0% Prebound Books — Perfection Learning & San Val Turtlebacks 30.0% Library Binding Editions (Adult & Juvenile) 15.5% Short Discounted / Non -Trade Titles 10.0% University Press Titles 10.0% Legal, Technical, Reference and Scientific Titles 10.0% Continuations - Trade Hardcover 47.0% Continuations - Paperbacks 41.0% Continuations - Short Discounted / Non -Trade Titles 10.0% Net Titles at zero discount with no service charge 00.0% Audiovisual Discounts Per Format Discount Spoken Word Audio CDs —Trade 45.5% Spoken Word Audio CDs — Non -Trade 20.0% Playaways 20.0% DVDs 31.5% Music CDs 25.0% Net Titles at zero discount with no service charge 00.0% Special Notice: It is the responsibility of each Library Member to inform your Account Services Representative that you wish to set up a new account or maintenance an existing account under the terms of this contract. Ingram cannot issue credits for accounts failing to follow the proper notification and account set up procedures. If a separate account is required for Continuations titles, a twice -a -month shipment schedule will apply. Any item ordered prior to the contract start date will not receive the discounts offered herein. This includes both standing orders and previous backorders. Should the library receive a previously ordered item after the contract is in effect, previous discounts will apply. Shipping Charges: Orders will ship FOB Destination with Ingram -paid freight from your Ingram designated primary and secondary distribution centers. Items receiving processing and cataloging services may ship from the primary distribution center exclusively. Should you decide to order from any of our other distribution centers your shipping cost will average 3- 7% of the total invoice price. Designation is subject to change by Ingram to provide the best service for of 3 your library. No handling fees or other charges are added. Ingram normally ships items via UPS ground transportation, Ingram delivery, or common carrier. Payment Terms: Payment terms under this offer shall be 1% 10 Days/Net 30 Days EOM. Payment is required for invoices within these terms even when a purchase order has not been completed. Ingram does not invoice for items until they have been shipped. Ingram offers a 1% cash discount on payments made within 10 days of statement date. Credit card payments are not eligible for this discount. Payments must be postmarked by the 10th of the month to qualify for the 1% discount. This discount is shown on your invoice and must be taken at the time the invoice is paid and cannot be taken retroactively. These additional savings can be substantial when you take advantage of the prompt payment discount. Processing Prices Price Per Unit Mylar jacket, attached $0.65 Ryco Paperback Cover-up - 15 mil $1.79 Digital Processing for Audiovisual $1.95 Security Strip $0.40 Barcode affixed $0.18 Spine Label $0.18 RFID tag- unprogrammed (standard) $0.35 RFID tag — programmed (standard) $0.45 Pre -binding -Heckman $4.85 Cataloging Prices Price Per Record BookMARC record FTP $0.25 Copy Cataloging $1.20 "Processing services are offered only for materials purchased through Ingram. For additional information contact your representative. Ingram Contact List: The Public Library Members have toll -free telephone access to any Ingram point of contact. To reach Ingram Library Services dial (800) 937-5300. Your call will be answered by an automated voice system that will offer several prompts to assist you in reaching the correct department: • Stephen Casey, Senior Sales Representative ...............Dial Ext. 37474 Email: stephen.casey@ingrambook.com • Kim Collins, Inside Sales Representative .................... Dial Ext. 35772 Email: kim.collins(@inaramcontent.com • Customer Care.............................................................. Press Option 1, then 1 Email: ILSCustomer.service@ingrambook.com To discuss concerns or issues regarding your account • Debbie Purrington, Account Services ......................... Dial Ext 36302 Email: debbie.purrington@ingrambook.com To Set Up / Update an Account or for Information on Programs and Services Remittance address: Ingram Library Services Inc., P.O. Box 502779, St. Louis, MO 63150-2779 Email: cashapp@ingramcontent.com 2 of 3 City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of an easement granted to the City of Georgetown on July 29, 1930 by Mary Halden in Volume 256, Page 143 of the Official Records of Williamson County, Texas, on Lots 5-8, and the unrecorded extension thereof on Lots 2-3, Block 2, CITY OF GEORGETOWN, according to the map or plat thereof recorded in Volume 5, Page 211, and on a 3,600-square-foot parcel of land described as "Tract Two' in deed recorded in Document No. 2006113581 Official Records of Williamson County, Texas -- Wesley Wright, P.E., Systems Engineering Director and Terri Glasby Calhoun, Real Estate Services Coordinator ITEM SUMMARY: On October 9, 2014, an application for abandonment of the above -described easement was received from WAAPF Properties, LLC, the current owner of property located at 101 and 109 West 2nd Street, which is encumbered by the easement. In 2006, as part of a land swap described in Resolution No. 102406-S (copy attached) with the prior owner (Lyda Family Trust), for construction of the downtown regional detention pond located between West 2nd Street and the South San Gabriel River, the City agreed to abandon the subject easement at such future time as the sanitary sewer line contained in the easement was no longer needed. Since the line's primary purpose was to provide wastewater service to the two residences previously located at 101 and 109 West 2nd Street and those residences have now been demolished and removed from those lots, the line is no longer needed and the easement may now be abandoned. Accordingly, pursuant to City Ordinance No. 2009-47, which governs the process of abandoning and vacating City property, the proposed Resolution will authorize completion of the abandonment. Staff recommends Council authorize the vacation and abandonment of the subject easement by quitclaim deed or other instrument necessary to perfect the abandonment. The General Manager of Utilities, or his designee, has reviewed the request and recommends abandonment. FINANCIAL IMPACT: n/a SUBMITTED BY: Terri Calhoun ATTACHMENTS: Resolution No. 102406-S Proposed Resolution w/ Sketch and Quitclaim Deed attached as Exhibits "A" and "B" RESOLUTION NO. 101R11010 "S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING A LAND SWAP TRANSACTION BETWEEN THE CITY AND THE LYDA FAMILY TRUST TO FACILITATE THE CONSTRUCTION OF THE MAIN STREET WATER QUALITY POND IN THE DOWNTOWN OVERLAY DISTRICT. WHEREAS, the City has adopted a master plan for drainage and water quality improvements for the Downtown Overlay District; and WHEREAS, the master plan calls for the construction of two regional ponds for the treatment and detention of stormwater; and WHEREAS, one of the ponds is to be located at the north end of the Main Street right-of- way within the First Street right-of-way and on and adjacent to Block 2 City of Georgetown (the Main Street Pond); and WHEREAS, to complete the construction of the Main Street Pond, the City must acquire from the Lyda Family Trust approximately 8,400 square feet of land, more or less, being all of Lot 1 and a portion of Lot 8, Block 2, City of Georgetown being more particularly described by metes and bounds in Exhibit "A" attached hereto; and WHEREAS, in consideration for the approximately 8,400 square feet of land deeded by the Lyda Family Trust to the City, the City shall deed to the Lyda Family Trust approximately 6,925 square feet of land, more or less, being a portion of First Street right-of-way and Main Street right-of-way more particularly described by metes and bounds in Exhibit "B" attached hereto; and WHEREAS, the City Council authorized the Assistant City Manager to negotiate the details of this transaction at its meeting of September 27, 2005; and WHEREAS, the City Council at its September 26, 2006 meeting authorized the relocation or abandonment of a wastewater line on Block 2, City of Georgetown as additional consideration for the conveyance by the Lyda Family Trust of the land described on Exhibit "B" and as a condition of the land swap transaction, provided that the work was performed as and when already scheduled in the City's Capital Improvements Program; and WHEREAS, the property owned by the Lyda Family Trust within Block 2, City of Georgetown currently meets the definition of a legal lot pursuant to the City's Unified Development Code and has a zoning designation of MU-DT; Resolution No. /002 4/ 0 b + S Lyda Land Swap for Main Street Detention Pond Page 1 of 3 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS as follows: 1. The City Council of the City of Georgetown hereby authorizes the Assistant City Manager to execute the necessary documents to complete the land swap transaction described in this resolution including a quitclaim deed and a special warranty deed which are attached hereto as Exhibit "C" (the Deeds); 2. The City's current Capital Improvements Program shows that improvements necessary for the relocation or abandonment of the wastewater line on Block 2, City of Georgetown are scheduled by the City in City Fiscal Year 2006/2007 and 2007/2008; 3. The resulting tract of land owned by the Lyda Family Trust after the land swap transaction is concluded, including the abandoned rights -of -way, shall constitute a legal lot pursuant to the City's Unified Development Code and shall have the same zoning designation as the adjacent and abutting tract owned by the Lyda Family Trust of MU-DT; 4. The resulting tract of land owned by the Lyda Family Trust after the land swap transaction is concluded shall be served by the City's downtown detention and water quality ponds and the owner of the property shall not incur any additional fees or charges for the use of such ponds, other than the usual and customary monthly utility rates for the City's Stormwater Drainage Utility; 5. The provisions of this Resolution, including the recording of the Deeds and the closing of the real estate transaction, are contingent upon the passage of an ordinance abandoning the sections of First Street right-of-way and Main Street right-of-way described in Exhibit "B"; 6. The provisions of this Resolution, including the recording of the Deeds and the closing of the real estate transaction, are contingent upon the Lyda Family Trust clearing the exceptions to title insurance described in Exhibit "D" attached hereto. Resolution No. 10*2V 0& -S Lyda Land Swap for Main Street Detention Pond Page 2 of 3 PASSED AND APPROVED this 241h day of October, 2006. APPR VED: 44401,1611— Gary Ne( Mayor APPR VED S TO FORM: M/Isla G Z_ Patricia E. Carls City Attorney A EST: Sandra D. Lee City Secretary Resolution No. 104110(0—S Lyda Land Swap for Main Street Detention Pond Page 3 of 3 Exhibit A DT,AN00�rNIR J.S. COALTER & ASSOCIATES "Zz. Lar c RROL4TERLD P80FL^69IONAL LAND swnvzyOR ow N• 1H 38. su1TS 10a BAIJND ROCIV, TEXAS 786" CARLA SXMP1&AN LICENSED STATE LAND SURVEYOR OFFICE MANAGER (512) 2za sn11 r' n zxozgz (012) 25s-a2es rAcsmc u FIELD NOTES LYDA FAMILY TRUST TO CT'17. OF GEORCETOWN BEING 8400 SQUARE FEET OF LAND OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT 497, IN THE CITY OF GEORGETOWN, WMLIAMSON COUNTY, TEXAS, AND BEING ALL OF LOT 1 AND PART OF LOT 8, BLOCK 2, GEORGETOWN, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at an iron rod set at the northeast corner of Lot 1, Block 2, City of Georgetown, said point being the intersection of the west line of Main Street and the south line of First Street; THENCE S 01 ° 18' 00" E a distance of 60.00 feet with the west line of Main Street to an iron rod set at the southeast corner of Lot 1, Block 2; THENCE S 880 42' 00" W, at 120.00 feet pass the southwest corner of Lot 1, continuing an additional 20.00 feet with the south line of Lot 8, IN ALL a distance of 140.00 feet to an iron rod set; THENCEN 01° 18' 00" W a distance of 60.00 feet to an iron rod set in the north line of Lot 8; THENCE N 880 42' 00" E, at 20.00 feet pass the northeast corner of Lot 8, continuing an additional 120.00 feet with the north line of Lot 1, IN ALL a distance of 140.00 feet to the Place of Beginning, containing 8400 square feet of Iani. COALTER & ASSOCIATES, SURVEYORS AZCVZ42�7— Stan Coalter, RPLS, LSLS 3-26-06 lfes: loaoc' -s &hihif .4 p4 off / Exhibit B STAN COALTER J.S. COALTER & A1SSOCIATES RPLS. LSLS REGISTERED PROFESSIONAL LAND SURVEYOR CARLA SHIPMAN LICENSED STATE LAND SURVEYOR OFFICE MANAGER FIELD NOTES CITY OF GEORGETOWN TO LYDA FAMILY TRUST 605 N. (H 35. SUITE 108 ROUND R0C1f-TEXAS 78664 (512) 260.8211 TELEPHONE (522) 266-8263 FACSIMILE BEING 3,600 SQUARE FEET OF LAND OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT 497, IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at an iron rod set at the southwest comer hereof, said point being the intersection of the north line of Second Street and the west line of Main Street and also being the southeast corner of Lot 4, Block 2, Georgetown, Texas; THENCE N 1° 18' 00" W a distance of 180.00 feet with the west line of Main Street to an iron rod set at the northwest comer hereof, said point being the southeast comer of Lot 1, Block 2, City of Georgetown; THENCE N 88° 42' 00" E a distance of 20.00 feet to an iron rod set at the northeast corner hereof in Main Street; THENCE S 1° 18' 00" E a distance of 180.00 feet to an iron rod set at the southeast corner hereof in the north line of Second Street; THENCE S 880 42' 00" W a distance of 20.00 feet to the Place of Beginning, containing 3,600 square feet of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 8-30-06 File No. 06025 des. /Oa.s/D(p Ex/ jW,4 ,9 P`7J Exhibit B S'r—COALTER J-S- C.OAI.,TER & ASSOCIATES REGISTERED PROFESSIONAL LAND SURVEYOR 906 N. IH 66. SUITE log CARLA SHIPMAN LICENSED STATE LAND SURVEYOR ROUND ROCK, TE7(As 7deg; OFFICE 1KANAGER (512) 266.8211 TELEPHONE (5121 266•g203 FACgIMIL.E FIELD NOTES CITY OF GEORGETOWN TO LYDA FAMILY TRUST BEING 3325 SQUARE FEET OF LAND OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT 497, IN THE CITY OF GEORGETOWN, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at a concrete right-of-way monument in the north line of Lot 8, Block 2, City of Georgetown, from which the northwest comer of said Lot 8 bears S 880 42' 00" W a distance of 35.00 feet; THENCE N 01 ° 18' 00" W a distance of 45.00 feet to an iron rod set at the northwest comer hereof; THENCE N 77° 23' 24" E a distance of 50.99 feet to an iron rod set; THENCE N 88' 42' 00" E a distance of 15.00 feet to an iron rod set at the northeast corner hereof; THENCE S 011 18' 00" E a distance of 55.00 feet to an iron rod set at the southeast comer hereof in the north line of Lot 8, Block 2; THENCE S 88' 42' 00" W a distance of 65.00 feet to the Place of Beginning, containing 3325 square feet of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 3-26-06 Revised 8-30-06 Res. e0a4(0&-s Exhib%f Q p aje 2' 2 SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: 2006 GRANTOR: Lyda Family Trust GRANTOR'S MAILING ADDRESS: (including County) Williamson County, Texas GRANTEE: City of Georgetown, a Texas home -rule municipal corporation GRANTEE'S MAILING ADDRESS: (including County): P.O. Box 409, Williamson County, Texas 78627 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): Being 8,400 square feet of land out of the Nicholas Porter Surveym, Abstract 497, in the City of Georgetown, Williamson County,Texas, and being all of Lot 1 and Part of Lot 8, Block 2, Georgetown, Texas and being more particularly described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: None. Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations From and Exceptions to Conveyance and Warranty, claiming by through or under Grantor, but not otherwise. GRANTOR LYDA FAMILY TRUST By: Name: Title: Special Warranty Deed Lyda Family Trust to Cihj of Georgetown Exhibit C Page 1 of 2 Rgs. to a 4104 -s ExWoY d 0079- !� G STATE OF TEXAS ACKNOWLEDGEMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2006, by of Lyda Family Trust, a person known to me. Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Special Warranty Deed Lyda Family Trust to City of Georgetown Exhibit C Page 2 of 2 /QeS. 1oael,0 o -,9 Ex h4if QUITCLAIM DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: , 2006 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Lyda Family Trust GRANTEE'S Mailing Address (including County): CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: TRACT ONE Being 3,325 square feet of land out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" and by diagram in Exhibit "C" attached hereto; and TRACT TWO Being 3,600 square feet of land out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "B" and by diagram in Exhibit "C" attached hereto (Tract One and Tract Two hereinafter collectively referred to as the "Property"). Quitclaim Deed abandoning a portion of First Street and a portion of Main Street Page 1 of 4 Exhibit C For the consideration, GRANTOR has released and quitclaimed, and by these presents does release and quitclaim unto GRANTEE all of GRANTOR'S right, title, and interest in and to the above described Property, to have and to hold it unto GRANTEE, GRANTEES heirs and assigns, forever. Neither GRANTOR, nor GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the Property or any part of it, SAVE AND EXCEPT the hereinafter described Easements for public utility purposes herein reserved. There is hereby excepted and reserved unto Grantor, its successors and assigns, EXCLUSIVE easements and rights -of -way (the "Easements"), over, under and across the following described real property, all or part of which is contained within the above - described Property, to wit: Easement No.1 Being a wastewater easement ten feet (10') in width out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, said easement being more particularly described by metes and bounds in Exhibit "D" attached hereto. Easement No. 2 Being a wastewater easement ten feet (10') in width out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, said easement being more particularly described by metes and bounds in Exhibit "D" attached hereto. Easement No. 3 Being a wastewater easement ten feet (10') in width out of the Nicholas Porter Survey, Abstract 497, in the City of Georgetown, Williamson County, Texas, said easement being more particularly described by metes and bounds in Exhibit "D" attached hereto. The Easements shall be for the purposes of constructing, laying, maintaining, operating, repairing and replacing water, wastewater, storm water or drainage, electric, telephone, gas and/or cable television lines and related facilities and equipment, together with the right of ingress and egress upon and across the Property for the purposes of maintaining, operating, repairing and replacing said lines and related equipment and facilities. The Easements, and the rights and privileges granted herein, are EXCLUSIVE to Grantor, and Grantor's successors and assigns, and Grantee covenants that Grantee Quitclaim Deed abandoning a portion offirst Street and a portion of Main Street Page 2 of 4 Exhibit C Res. shall not convey any other conflicting easement or license to the area (or any portion of the area) covered by this grant. EXECUTED this the GRANTOR CITY OF GEORGETOWN By: Gary Nelon, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON day of 2006. GWOxw Sandra D. Lee, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally Gary Nelon, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public, State of Texas Quitclaim Deed abandoning a portion offirst Street and a portion ojMain Street Page 3 of 4 AW. �oz�oG s EXk;6h(c /0� 5�� Exhibit C APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney AFTER RECORDING, RETURN TO: Lyda Family Trust Quitclaim Deed abandoning a portion of First Street and a portion of Main Street Page 4 of 4 /PeS. !0.2.vo& -s exlva;'P`C p4we 6 of 6, Exhibit C Exhibit D — Title Insurance Exceptions to be Cleared Vendor's Lieu retained in Deed: Recorded: Document No.2004043"5, Official Publ[c Records of Williamson Coauty, Texas Grantor: Ascension QuintuU12 and Sofia Williams Grantee: Lyda Family Trust Dated: 512R/2t104 vendor's Lieu retained in Deed: Recorded: Document No. 2004044723, Official Public Records of'Williamson Comity, Texas Grantor: Saudria Jean Stout and 11arb2ra Yrenne Drake Grantee: 1.} d4 Family Trust hated: SaS/2004 A dditlonally secured by Deed of Trost: Recorded: Document No. 20040447Z4, official Public Records, R iiliainson Count}, Texas Grantor: Lyda Family Trust Trasstec: Norman Koch Beaefidary: Fast State Bank, l3rcmaud Amount: S44000.00 (NOTE: Ike above lien affect& Lots 1 thmugh 8, Block 2) Terms, Conditious, and Stipuiatiors of the Lease Agseetntent referenced by that Memorandum'. Recorded: Document No. 2004069487, Official P0110 Records, Williamson County, Texas. Lassos: Lyda Family Trust Lessee, The Leamar Companies (As to Lot 8, AUP) ,f&S.10AV0o-.9 Exhibit D /:Mle lob/ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE VACATION AND ABANDONMENT OF AN EASEMENT GRANTED TO THE CITY OF GEORGETOWN ON JULY 29, 1930 BY MARY HALDEN IN VOLUME 256, PAGE 143 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, ON LOTS 5-8, AND THE UNRECORDED EXTENSION THEREOF ON LOTS 2-3, BLOCK 2, CITY OF GEORGETOWN, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 211, AND ON A 3,600-SQUARE-FOOT PARCEL OF LAND DESCRIBED AS "TRACT TWO" IN DEED RECORDED IN DOCUMENT NO. 2006113581 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (THE "EASEMENT"). WHEREAS, the City of Georgetown has received a request from WAAPF Properties, LLC, the current owner of the property located at 101 and 109 West 2nd Street, for the vacation and abandonment of the above -described Easement, including any unrecorded extension(s) thereof, identified as "City Easement from Mary Halden 2561143 (1930)" on Exhibit "A" attached hereto; and WHEREAS, in 2006, as part of a land swap described in Resolution No. 102406-S with the prior owner (Lyda Family Trust), for construction of the downtown regional detention pond located between West 2nd Street and the South San Gabriel River, the City agreed to abandon the subject easement at such future time as the sanitary sewer line contained in the easement was no longer needed; and WHEREAS, since the line's primary purpose was to provide wastewater service to the two residences previously located at 101 and 109 West 2nd Street and those residences have now been demolished and removed from those lots, the line is no longer needed and the Easement may now be abandoned. WHEREAS, upon considering the request for vacation and abandonment of the Easement and additional information pertaining to the request, the City Council now finds that a public need for the Easement no longer exists and that the Easement may be abandoned in pursuant to City Ordinance No. 2009-47 relating to disposition of City property. Resolution No. Description: Vacation and abandonment of Easement on Lots 2, 3, 5 & 6 of Block 2, CITY OF GEORGETOWN Date Approved: Page 1 of 2 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 the adoption of this resolution is not inconsistent or in conflict with any of the City's 2030 Comprehensive Plan policies. SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit "B" and any other conveyance documents) necessary to complete the vacation and abandonment of the Easement and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this CITY OF GEORGETOWN M Dale Ross, Mayor APPROVED AS TO FORM: day of 2014. Bridget Chapman, City Attorney Resolution No. ATTEST: Jessica E. Brettle, City Secretary Description: Vacation and abandonment of Easement on Lots 2, 3, 5 & 6 of Block 2, CITY OF GEORGETOWN Date Approved: Page 2 of 2 STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2014. " Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Georgetown ATTN: Terri Calhoun, Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 Resolution No. Description: Vacation and abandonment of Easement on Lots 2, 3, 5 & 6 of Block 2, CITY OF GEORGETOWN Date Approved: Page 3 of 2 \• Y yN OaM4'la' W W 71' M 0094'1a' w Ie0.719 F ek 7$ z z o as � c 1 0 i N0.M I. �" e atlG1N�l LGT IJ.E 1Ot ZT (N oa'°a'ab- W 17S.009 (N.M 175') UNIMPROVED STREET MAIN STREETa- o_ o1,n��a e��o `�o WMF-WW WW - 'j •ery lhlV CS^— UW/STEWAiER UNE eR a^'�p=(�a G J ;eQ a.r.1.[MN7 _ u Fy -tmv�. sexes» txw.mxr»� cor C." es a :i Ilu a 3 -4a'x r se.oem 11 � o a aruw t.°ml 3 � ^•a C�ao�^ �I � � i; $ a — 'j a «+r"Ir x7 Norw•Inr w j u.bt• � S n n.P � me nn .Y•M' .3 Ip•M. m.N.NN W O �� � �M lah Y N € °-a^ 3n-N3AV Ni—isnv- — s amr01' E E18.97' —__— _---E--_.--_E_--it__E--_---_ n? §§o.Q @ga SDK4 a s�a$� �o�a�s r" ��as�"� sag��oaFaegFF Y a'sE �Hc� I �M-1 ge. d s @gdE 5 � HE z EXHIBIT "B" [FORM OF QUITCLAIM DEEDI NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: 2014 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: WAAPF Properties, LLC, a Texas limited liability company (as to an undivided 16.5% interest in the property) and Rebecca Shepperd Kauffman Pfiester, Trustee of the Rebecca Shepperd Kauffman Pfiester 2006 Trust (as to an undivided 83.5% interest in the property) GRANTEE'S Mailing Address (including County): P.O. Box 688, Georgetown, Williamson County, Texas, 78627 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING an easement granted to the City of Georgetown on July 29, 1930 by Mary Halden in Volume 256, Page 143 of the Official Records of Williamson County, Texas, on Lots 5-8, and the unrecorded extension thereof on Lots 2-3, Block 2, CITY OF GEORGETOWN, according to the map or plat thereof recorded in Volume 5, Page 211, and on a 3,600-square-foot parcel of land described as "Tract Two" in deed recorded in Document No. 2006113581 Official Records of Williamson County, Texas Quitclaim Deed abandoning 1930 easement Page 1 of 2 For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the property or any part of it. EXECUTED this the day of 2014. GRANTOR ATTEST: CITY OF GEORGETOWN Dale Ross, Mayor Jessica E. Brettle, City Secretary STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2014. APPROVED AS TO FORM: Bridget Chapman, City Attorney Quitclaim Deed abandoning 1930 easement Page 2 of 2 Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Georgetown Mail Slot or Terri Calhoun Georgetown Utility Systems 300 Industrial Avenue Georgetown, TX 78626 City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve a Takeover Agreement with Philadelphia Indemnity Insurance Company for completion of the San Gabriel Park Improvements Project -- Bridget Chapman, City Attorney ITEM SUMMARY: The City entered into a construction contract with Legends Landscapes, LLC on July 9, 2014 for the San Gabriel Park Improvements Project. The Project includes earthwork, grading, drainage, granite trail, irrigation and landscaping. Legends Landscapes defaulted on the construction contract and Philadelphia Indemnity Insurance Company, the surety, has agreed to facilitate completion of the contract pursuant to the Performance Bond. The proposed Takeover Agreement between the City and Surety and the accompanying Completion Agreement between the Surety and the Completion Contractor are attached. The Completion Contractor will commence work on October 29, 2014 and will complete the Project on or before December 31, 2014. The full contract amount of $302,697.85 is available and will be paid to the Surety as work is accomplished. FINANCIAL IMPACT: None anticipated or expected. SUBMITTED BY: Bridget Chapman, City Attorney ATTACHMENTS: Takeover Agreement Completion Agreement TAKEOVER AGREEMENT THIS AGREEMENT, made and entered into this day of October, 2014, by and between the City of Georgetown, Texas (hereinafter "Obligee"), and Philadelphia Indemnity Insurance Company (hereinafter "Surety"). WITNESSETH: WHEREAS, Obligee entered into a construction contract effective on July 9, 2014 ("Contract") with Legends Landscape, LLC for a project known as San Gabriel Park Improvements, 2014-514-C; and WHEREAS, Surety and Legends Landscape, LLC (hereinafter "Principal"), executed in favor of Obligee, Performance and Payment Bonds numbered PB02761500001 (hereinafter "Bonds") in connection with said Contract; and WHEREAS, Principal has defaulted in the prosecution of said described work, and the Obligee has terminated Principal from the project and Obligee has sought performance of the remaining work required under the Contract pursuant to the Performance Bond from Surety; and WHEREAS, Surety in accordance with the conditions of said Performance Bond is willing to undertake completion of the Contract provided that in doing so it will receive the entire Contract Balance hereinafter defined; and WHEREAS, this Agreement is being made and entered into between Obligee and Surety for the purpose of facilitating completion of said work required by said Contract in accordance with all of the terms and conditions thereof, except as amended or modified hereinafter, and upon the express conditions the Obligee will pay Surety in a manner provided in said Contract as provided hereinafter. NOW, THEREFORE, in consideration of the mutual covenants and agreements, the parties hereto do contract and agree as follows: 1. Surety will arrange for completion of the work required by said Contract in accordance with the terms and conditions of said Contract, except as may have been previously modified by change order and hereinafter modified. Surety is not assuming any obligations or liabilities beyond those set forth in the Bond and the Contract. 2. It is agreed and understood that the completion of the work under said Contract shall be performed by Choice Builders (hereinafter "Completion Contractor"). 3. It is understood and agreed that the Completion Contractor will commence work no later than October 29, 2014 and will complete the project on or before December 31, 2014 subject to any appropriate extensions of time and other basis for increased performance time resulting from weather conditions, or otherwise as set forth in said Contract or granted by change 1 order. At the present, Obligee agrees to extend the time for completion of said work to and including December 31, 2014, thereby waiving any liquidated damages which may have been incurred through said date. 4. It is further understood and agreed that Surety, by entering into this Agreement, is not acting as a contractor but merely in its capacity as Performance bond Surety, and that no rights under this Agreement, or otherwise, shall inure to the benefit of any third party except as otherwise expressly provided by law. It is understood that this Agreement is for the sole benefit of and shall inure only to the benefit of Obligee. 5. Obligee agrees that the unpaid balance of said Contract is in the amount of $302,697.85 ("Contract Balance"). The remaining scope of work is attached hereto as Exhibit "A". The Contract Balance is dedicated to and will be applied to the completion of the Contract pursuant to this Agreement. The Obligee shall pay directly to the Surety or to any funds control account as may be designated by Surety, the Contract Balance, plus or minus any additional amounts of money on account of any modifications requested and authorized by Obligee, as the work progresses pursuant to the terms of the Contract. All payments shall be made as follows: Payable to: PHILADELPHIA INDEMNITY INSURANCE COMPANY Sent to: TBD or Kimberly Czap, Surety Division Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 6. The Completion Contractor has no authority to negotiate or agree to additive or deductive change orders, credits, or backcharges to the Contract or Contract Balance without the Surety's prior written approval. Any agreements with respect to the warranty of the work of the Principal or corrective work as a result of a latent defect shall require written approval of the Surety. 7. The total liability of the Surety under this Agreement is limited to and shall not exceed the penal sum of the Performance Bond in the amount of $302,697.85. Nothing in this Agreement constitutes a waiver of such penal sum or an increase in the liability of Surety under the Performance Bond. The Payment Bond shall remain in full force and effect in accordance with its terms and provisions and according to law. Obligee agrees that it will not withhold any of the Contract Balance from the Surety on account of any claims, liens, suits or demands by any persons or entities furnishing or alleging to have furnished labor and/or materials to the Project. 8. This Agreement is solely for the benefit of the Obligee and Surety. The Obligee and Surety do not intend by any provision of this Agreement to create any rights in or increase the rights of any third party beneficiaries nor to confer any benefit upon or enforceable rights under this Agreement upon anyone other than the Obligee and Surety. Specifically, the Obligee and the Surety acknowledge that nothing herein shall extend or increase the rights of any third party claimants or the liabilities or obligations of the Surety under the Bonds. 2 9. This Agreement shall be governed by the laws of the State of Texas. 10. This Agreement, the Performance Bond, and the Contract, constitutes the whole of the understanding, discussions and agreements by and between the Obligee and the Surety. This Agreement shall not be changed, attended or altered in any way except in writing and executed by both the Obligee and the Surety. 11. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties have executed this Agreement for themselves, their heirs, executors, successors, administrators and assigns on the day and date first above written. ATTEST: 1.2 Jessica Brettle, City Secretary APPROVED AS TO FORM: ME Bridget Chapman, City Attorney CITY OF GEORGETOWN, TEXAS Dale Ross, Mayor PHILADELPHIA INDEMNITY INSURANCE COMPANY By: Kimberly B. Czap Vice President- Surety Division 3 COMPLETION CONTRACT This Completion Contract ("Agreement") is made by and between Philadelphia Indemnity Insurance Company, Inc. ("Surety") and Choice Builders ("Completion Contractor"), effective , 2014. WHEREAS, Surety's bond principal, Legends Landscape, LLC ("Principal") and City of Georgetown, Texas ("Owner") entered into a public works contract ("Contract") under which Principal was to furnish all labor and material and perform all of the work required to construct and complete, in accordance with the terms and provisions of the Contract, the project known as San Gabriel Park Improvements, 2014-514-C (the "Project"); WHEREAS, a copy of said Contract is attached hereto as Exhibit "A"; WHEREAS, as required by law and under the terms of the Contract, Principal and Surety executed and delivered to Owner Performance and Payment Bonds bearing Bond No. PB02761500001 ("Bond"), in the penal sum of $302,697.85); WHEREAS, Principal completed a portion of its work under the Contract, but was unable to complete performance and voluntarily defaulted the completion thereof; WHEREAS, the Owner has made demand upon Surety under the Bond to complete the unfinished and/or defective work required by the Contract; and WHEREAS, pursuant to and in compliance with Surety's obligations under the Bond, and with a complete reservation of rights, Surety has agreed to arrange for the completion of the Contract by Completion Contractor; NOW, THEREFORE, in consideration of the bilateral obligations expressed herein and for the cause set forth in the recitals above, the parties do hereby agree and bind themselves as follows: 1. Contract Documents. The Completion Contractor hereby acknowledges that it has familiarized itself with the terms and conditions of the Contract and all Contract documents, and any and all exhibits and/or attachments thereto; the work previously performed by the Principal; and the currently existing site conditions. The Completion Contractor agrees to be bound to Surety for obligations and duties imposed by the provisions of the Contract and shall comply therewith in all respects, except as shall be modified herein. 2. Work to Be Performed. The Completion Contractor is ready, willing and able to provide for the completion of the Contract (including any change orders thereto), the terms and conditions of which are incorporated herein as if copied word for word, and hereby agrees to complete all work remaining under the Contract ("Remaining Work"). All Remaining Work shall be completed by December 31, 2014. Should Completion Contractor fail to complete the Remaining Work by December 31, 014, liquidated damages, if any, shall begin to accrue in accordance with the terms and conditions of the Page 1 of 3 Contract. Completion Contractor agrees to be responsible for payment to Surety for any liquidated damages assessed by Owner. 3. Completion Contractor Representations and Warranties. It is expressly understood and agreed by the parties that the Completion Contractor's obligation to complete the Remaining Work in accordance with the original plans and specifications shall include the responsibility to correct existing deficiencies, if any, in the work performed by Principal, except for any latent defects undiscoverable upon reasonable inspection by the Completion Contractor. Completion Contractor warrants that he conducted an inspection prior to the execution of this Agreement in preparing Completion's Contractor's bid for this Completion Contract. 4. Defects in the Work; Termination of Agreement. Completion Contractor specifically agrees to indemnify and save harmless Surety from any liability or claim on account of any loss, costs or damages arising out of Completion Contractor's failure to complete the Remaining Work. In the event of Completion Contractor's failure to complete the Remaining Work, Surety may: 1) terminate Completion Contractor upon three (3) calendar days written notice and failure to cure; and/or 2) withhold from Completion Contractor the amount assessed or which may be assessed against Surety by the Owner resulting from Completion Contractor's failure to perform the work in strict accordance with the Contract. Surety reserves all rights to seek recovery from Completion Contractor for its loss, costs and damages that may arise as a result of Completion Contractor's breach of this Completion Contract. 5. Contract Sum. In consideration of Completion Contractor's full and faithful performance of its obligations under this Agreement, Surety agrees to pay to Completion Contractor, and Completion Contractor agrees to accept and receive as full compensation for performance and completion of the Remaining Work, the reimbursable costs as provided in the Completion Summary, a copy of which is attached hereto as Exhibit `B" and incorporated herein. Completion Contractor shall prepare and deliver all applications and certifications for progress and final payment as required by the Contract to Surety and its representatives. Payment shall be made in accordance with the terms of the Contract. 6. Contract Administration. Completion Contractor shall have no authority to bind Surety with respect to any change order or modification of the Contract with would: (a) increase or decrease the Contract sum; or (b) materially increase the performance obligations of Surety with respect to the Contract. If, in the course of the completion of the Remaining Work, Completion Contractor shall observe the need for additional work to be performed that would result in an increase in the Contract Sum, it will notify Surety or its representatives and await written acceptance from Surety or its representatives before proceeding to perform such work. 7. Entire Agreement. This Agreement, including incorporated documents, constitutes the entire agreement between Completion Contractor and Surety and is a result of arms - length negotiations by the parties, and neither of the parties shall be deemed to be the Page 2 of 3 sole drafter of this Agreement. This Agreement shall not be construed for or against any party. Miscellaneous Provisions. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original. 9. This Agreement is executed pursuant to and governed by the laws of the State of Texas without reference to the choice of law rules of the State of Texas. 10. In the event that one or more provisions of this Agreement shall be declared invalid, illegal or unenforceable in any respect, unless such invalidity, illegality or unenforceability shall be tantamount to a failure of consideration, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired. However, no remaining clause shall be interpreted so as to reach an absurd or clearly unintended result. 11. In the event that either party to this Agreement commences legal proceedings to enforce the Agreement's terms, or to declare rights thereunder, the prevailing party shall be entitled to recover from the losing party its reasonable litigation expenses, including expert or witness fees, reasonable attorneys' fees and other costs of suit. Similarly, in any action as to which the releases set forth in this Agreement are successfully asserted as a defense, the party asserting the releases and obtaining a dismissal shall be entitled to recover its reasonable litigation expenses in accordance with this paragraph. 12. This Agreement is contingent on and effective only if Surety and Owner enter into a Takeover Agreement for the completion of the Remaining Work. PHILADELPHIA INDEMNITY INSURANCE COMPANY Authorized Representative C Date: COMPLETION CONTRACTOR Authorized Representative Date: Page 3 of 3 City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve a five year lease renewal with the United States Corp of Engineers for the Georgetown Challenge Course and Lake Georgetown Trail located at Booty's Road Park at Lake Georgetown -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager ITEM SUMMARY: The City of Georgetown has had a long tern lease with the Corp of Engineers at Lake Georgetown since June 15, 2003. This item is to approve a renewal of the lease for an additional 5 years. The Parks and Recreation Department operates and maintains the Challenge Course, hike and bike trail, restrooms and pavilion at Lake Georgetown. The Parks and Recreation Department has had a very positive relationship with the Corp of Engineers over the past 10 years. As part of the lease requirements, the Parks and Recreation Department is required to submit a management and development plan of the leased area, budgeted revenues and expenses, and annual certification that all water and sanitary systems meet Federal, state and local standards. In addition, a statement of compliance with the Rehabilitations Act and Americans with Disabilities Act must be submitted. The initial lease was from June 15, 2003 until June 14, 2013. The terms of the lease renewal are June 15, 2013 until June 14, 2018. This renewal is retroactive from last day of the previous lease. The terms of the renewal lease are consistent with the original lease. The Parks and Recreation Board recommend renewal of the lease at their April 11, 2013 meeting. At that time staff notified the Corp of Engineers that the Parks and Recreation Department would like to renew the lease. Staff has been working with the Real Estate Division in Fort Worth, Texas on the renewal since that time. FINANCIAL IMPACT: There is $8,357 budgeted in the Parks and Recreation general fund budget for annual maintenance to the park. In addition, the park facilities are included in our long term capital replacement program. SUBMITTED BY: Kimberly Garrett, Parks and Recreation Director ATTACHMENTS: Lease Renewal NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 DEPARTMENT OF THE ARMY LEASE TO NON -STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES LAKE GEORGETOWN WILLIAMSON COUNTY, TEXAS THIS LEASE is made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and the City of Georgetown, Texas, hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of five (5) years, beginning June 15, 2013 and ending June 14, 2018. 2. CONSIDERATION The consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee, City of Georgetown, Parks and Recreation, 1101 North College Street, Post Office Box 409, Georgetown, Texas 78627-0409; and, if to the United States, to the District Engineer, Chief, Real Estate Division, ATTN: CESWF-RE- M, Post Office Box 17300, Fort Worth, Texas 76102-0300, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "Real Estate Contracting Officer," "said officer" or "Lessor" shall include their duly authorized representatives. Any reference to "Lessee"' shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives. 5. DEVELOPMENT PLANS The Lessee shall be guided by an annual Plan of Operation and Maintenance in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit B which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than September 1 of each year the Lessee will submit the annual plan to be mutually agreed on between the Lessee and the Real Estate Contracting Officer. Such annual plan shall include but is not limited to the following: a. Plans for management, maintenance and development activities to be undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c. Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. g. Annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Rehabilitations Act and the Americans with Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. The use and occupation of the premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer. During the term of the NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 lease, the Real Estate Contracting Officer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURE AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, no structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the Real Estate Contracting Officer. The Real Estate Contracting Officer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built' construction plans for all facilities. 7. APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d. b . The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. The Lessee will also provide a statement of compliance with the Rehabilitations Act and the Americans with Disability Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. 8. CONDITION OF PREMISES a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. b . As of the date of this lease, an inventory and condition report of all personal property and improvements of the United States included in this lease shall be made by the Real Estate Contracting Officer and the Lessee to reflect the condition of said NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 property and improvements. A copy of said report is attached hereto as Exhibit C and made a part hereof. Upon the expiration, revocation, or termination of this lease, another inventory and condition report shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed. Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY. 9. FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS either directly or through subleases or concession agreements that have been reviewed and accepted by the Real Estate Contracting Officer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the Real Estate Contracting Officer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub -lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sublessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS, ASSIGNMENTS, SUBLEASES a. Without prior written approval of the Real Estate Contracting Officer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 11. FEES Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub -lessees for use of facilities developed in whole or part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other S NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning five years from the date of this lease and continuing at five-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the Real Estate Contracting Officer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the Real Estate Contracting Officer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The Real Estate Contracting Officer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub- lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the Real Estate Contracting Officer with the results of such an audit. 13. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the Real Estate Contracting Officer, or at the election of the Real Estate Contracting Officer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the Real Estate Contracting Officer. 14. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 15. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the Real Estate Contracting Officer shall be installed and maintained by and at the expense of the Lessee. 5 NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self -insured, and its sub -lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum Combined Single Limit of $250,000, whichever is greater, for any number of parsons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub -lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the Real Estate Contracting Officer a copy of the policy or policies, or, if acceptable to the Real Estate Contracting Officer, certificates of insurance evidencing the purchase of such insurance. The Real Estate Contracting Officer shall have the right to review and revise the amount of minimum liability insurance required. b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the Real Estate Contracting Officer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self -insured, the Lessee shall certify such self- insurance in writing in the minimum amount specified above to the Real Estate Contracting Officer. The Lessee's insurance status shall not eliminate the requirement for its sub -lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The Real Estate Contracting Officer may require closure of any or all of the premises during any period for which the Lessee and/or its sub -lessees and concessionaires do not have the required insurance coverage. 17. RESTORATION On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the Real Estate Contracting Officer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the Real Estate Contracting Officer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the Real Estate Contracting Officer, said property shall either become the property of the United States without compensation therefor, or the Real Estate Contracting Officer may cause the property to be removed and no claim for damages against the United M NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this lease in restoring the premises. 18. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directives 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, sublesses and assignees. 19. SUBJECT TO EASEMENTS This lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the Real Estate Contracting Officer, interfere with developments, present or proposed, by the Lessee. The lessee will not close any established access routes without written permission of the Real Estate Contracting Officer. 20. SUBJECT TO MINERAL INTERESTS This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws. II NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and/or any sub -lessees or licensees are charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the Real Estate Contracting Officer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non- compliance, or fails to obtain correction of deficiencies by sub -lessees or licensees. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non- compliance. Failure to satisfactorily correct any substantial or persistent non-compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee's past performance and compliance with the lease terms. b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to the Real Estate Contracting Officer in the manner prescribed in the Condition on NOTICES. 22. HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility for ensuring that any sub- lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non-compliance, the Real Estate Contracting Officer, upon discovery of any hazardous conditions on the premises that presents an immediate threat to health and/or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not corrected within the time specified, the Real Estate Contracting Officer will have the option to: (1) correct the hazardous conditions and collect the cost of repairs from the Lessee; or, (2) revoke the lease. The Lessee and its assignees or sub- lessees shall have no claim for damages against the United States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 23. PUBLIC USE No attempt shall be made by the Lessee, or any of its sub -lessees or concessionaires, to forbid the full use by the public of the premises and of the water areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public. N NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which is illegal, or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special use permits issued in conjunction with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the Real Estate Contracting Officer. c. In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense, or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises in those facilities where such service is customarily found. Bar facilities will only be permitted if offered in connection with other approved activities. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the Development Plan described in the Condition on DEVELOPMENT PLANS herein. The Lessee may salvage fallen or dead timber; however, no commercial use shall be made of such timber. Except for timber salvaged by the Lessee when in the way of construction of improvements or other facilities, all sales of forest products will be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease. 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601-613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to that lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the M NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph c. (2) below. C. (1) A claim by the Lessee shall be made in writing and submitted to the Real Estate Contracting Officer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the Real Estate Contracting Officer. (2) For Lessee claims exceeding $50,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and (iii) The amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. (3) If the Lessee is an individual, the certificate shall be executed by that individual. If the Lessee is not an individual, the certification shall be executed by: (i) A senior company official in charge at the Lessee's location involved; or (ii) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs. d . For Lessee claims of $50,000 or less, the Real Estate Contracting Officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee -certified claims over $50,000, the Real Estate Contracting Officer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The Real Estate Contracting Officer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the Real Estate Contracting Officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph C. (2) of this clause, and executed in accordance with paragraph c. (3) of this clause. g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the Real Estate Contracting Officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the 10 NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the Real Estate Contracting Officer receives the claim, and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, appeal, or action arising under the lease, and comply with any decision of the Real Estate Contracting Officer. 27. ENVIRONMENT PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its air, ground, and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized, if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the leased area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or any Federal, state , interstate or local governmental agency, are hereby made a condition of this lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities, including rental boats, to be sealed against any discharge into the lake. Services for waste disposal, including sewage pump -out of watercraft, shall be provided by the lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the lessee's activities, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from the Real Estate Contracting Officer before any pesticides or herbicides are applied to the premises. 28. PRELIMINARY ASSESSMENT SCREENING A Preliminary Assessment Screening (PAS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit D. Upon expiration, revocation or termination of this lease„ another PAS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the Real Estate Contracting Officer in determining any environmental restoration requirements. Any such requirements will be completed by the lessee in accordance with the condition on RESTORATION. 11 NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 29. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify the Real Estate Contracting Officer and protect the site and the material from further disturbance until the Real Estate Contracting Officer gives clearance to proceed. 30. SOIL AND WATER CONSERVATION The Lessee shall maintain in a manner satisfactory to the Real Estate Contracting Officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of, or that may be constructed by the Lessee during the term of, this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the Real Estate Contracting Officer_ 31. TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. The Lessee will maintain a ledger and reservation system for the use of any such campsites. b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes, if authorized by the Real Estate Contracting Officer. 32. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 33. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However iK NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 nothing herein contained shall be construed to extend to any incorporated company if the lease be for the general benefit of such corporation or company. 34. MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative; and this provision shall apply to this clause as well as all other conditions of this lease. 35. DISCLAIMER This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), or Section 404 of the Clean Water Act (33 U.S.C. § 1344). 36. ADDED CONDITIONS a. The leased area is a total of approximately 29.38 acres. The lease area is in the Contributing Zone of the Edwards Aquifer and some activities planned may require authorization from the Texas Commission on Environmental Quality (TCEQ). Copies of approved applications must be supplied to the Georgetown Project Office in addition to any required Storm Water Pollution Prevention Plan (SWEPPP). b. A current copy of the lessee's sign plan is included as Exhibit E. All signs must conform to the Corps sign standard manual. c. Due to the existence of archeological sites within the park area, Lessee must secure all gates during the hours when the park is closed. At no time may the park gates be left unsecured when the park is closed. d. Prior to any construction activities, the City of Georgetown must provide a copy of the pertinent permits from the TCEQ to the Lake Georgetown Office. e. The City of Georgetown is required to prepare a TCEQ approved Water Pollution Abatement Plan that includes a SWEPPP and furnish it to the Georgetown Lake Office for any construction work greater than one acre. Any new work will require a written request. f. Utility Service. The water and electric meters must be transferred to a City account before operation of the area is begun. 13 NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 g. Operating Guides. The City will be furnished copies of any plans, manuals, permits, etc. for buildings and utilities. h. Groundcover. The vegetation used to replant the area is chosen to be indigenous to the immediate area, hardy to the type of use and low maintenance. Only one late season (right after the first freeze) full area mowing is recommended. Mowing immediately adjacent to facilities may be as often as needed. Use of herbicides, if any, should be limited to spot use of herbicide to control plants such as bacharris, Johnson grass and K.R. Bluestem, particularly in frequently mowed areas and near facilities. The use of herbicides must be coordinated with the Georgetown Lake Office. Fertilizer should not be used. Species to replant areas of soil disturbed should be chosen from the attached list entitled Minimum Seeding Rates for Disturbed Areas, attached as Exhibit E. For small areas, as a minimum, Buffalo Grass, Sideoats Gramma, Little Bluestem, Texas Bluebonnets and Firewheels will be used. Lindheimer Muhly is good for specimen plantings. Bermuda grass, K.R. Bluestem, rye grass and other grasses not listed will not be used. If fill or topsoil is needed, it should be free of Bermuda grass, K.R. Bluestem, rye grass, Johnson grass and other exotic grasses. The City will be held responsible for removing stands of these plants established as a result of its operations and maintenance activities and replacing them with native plants. i. Operations and Maintenance. Operations and maintenance of the area will be accomplished without cost or expense to the United States. Operation of the roadway will include, but will not be limited to, setting and posting of speed limits, and other signs and/or traffic control devices necessary for operation, control of public access, emergency response, enforcement of city and county ordinances and state laws, erosion control and litter, trash and debris removal. Maintenance and repair of the facilities will include, but not be limited to the boundary fence, traffic barriers, culverts and headwalls, walkways and trail surfaces, roadways, buildings and other appurtenances. j. Cultural Resources. This project has been coordinated with the State Historical and Preservation Officer (SHPO). Care will be exercised to monitor, protect and avoid site 44 WM 685 with any work that may result in ground disturbance. If disturbances of these sites is likely to result from any activities, coordination with the Georgetown Lake Office, Fort Worth Operations Division Archeologist and SHPO will be required. k. Trees. The City may remove invasive, exotic trees and shrubs such as Chinaberry, Ligustrum, Chinese Tallow and Bacharris without permission. Any other tree trimming or removal must be coordinated with the Georgetown Lake Office. All pruning wounds must be sprayed immediately with landscape paint. Live Oaks and Texas Red Oaks should not be trimmed except during July -August or January -February time periods. Suitable trees for landscape plantings include Live Oaks, Texas Red Oak, Chinkapin Oak, Bur Oak, Texas Ash, Redbud, Mexican Plum, Texas Persimmon, Cedar Elm, Sycamore and Pecan. Shrubs include Evergreen Sumac, Texas Mountain Laurel, Agrito and Texas Sage. 14 NO. DACW63-1-14-0583 Replaces No. DACW63-1-03-0668 PRIOR to the execution of this lease Conditions 36 a. — k. were added. IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this day of 12014. Lee A. Flannery Chief, Management and Disposal Branch Real Estate Contracting Officer THIS LEASE is also executed by the Lessee this , 2014. City of Georgetown, Texas Signature Title 15 day of CERTIFICATE OF AUTHORITY certify that I am the of The City of Georgetown, Texas, named as the grantee herein; and that who signed the foregoing instrument on behalf of The City of Georgetown, Texas, was then of The City of Georgetown, Texas. I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of The City of Georgetown, Texas, in executing said instrument. Date Authorized Representative (Title) AFFIX COMPANY SEAL NOTE: This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same person. N C m N OJ N O t d m c W O'- N@ Q OI Ol O. aN9 0 N > 6�0 p CQO N « �'U O `J W N N O l0 a Om m o. �'om C7 U` Co m L N 9 0 0Y O W U 0 N E L L U C Q C 'pmm rU+ m O -aN N N U C CO = d 0 E m_ O 0 N O E c E « y w m 0>, O E o o a w N N w N U C- p`_ L 0 9 li0 U E O N d O L r E Tl0 L m 9 N U O. E m O m m m Q C6 a E a o `m m L Z2 N N City of Georgetown Parks and Recreation Booty's Park: Five Year Plan This proposal outlines the City of Georgetown's five-year operational plan for the property located at 1621 Booty's Road for June 2013 — June 2018. Year One: June 2013 — December 2013 • Booty's Park Pavilion and the Georgetown Challenge Course will remain open and available to the public by reservation. • The City of Georgetown will make the following improvements to the property designated at the Georgetown Challenge Course: o Provide water service to the Challenge Course. o Provide electricity to the Challenge Course. o Replace the center seating / shelter area located at Challenge Course. o Replace the existing storage shed with a larger portable unit at the Challenge Course. • All areas will remain open to the public, unless closed temporarily due to maintenance or construction work. • All areas known as Booty's Park and the Georgetown Challenge Course will be maintained, including: o Servicing the restrooms o Trash collection o Mowing the areas around the restrooms, sidewalks, pavilion, open field area as well as designated areas of the challenge course Years Two — Five: January 2014 — December 2018 • Booty's Park Pavilion and the Georgetown Challenge Course will remain open and available to the public by reservation. All areas known as Booty's Park and the Georgetown Challenge Course will be maintained, including: o Servicing the restrooms o Trash collection o Mowing the areas around the restrooms, sidewalks, pavilion, open field area as well as designated areas of the challenge course • The City of Georgetown Parks and Recreation Department will continue programming of the Challenge Course facility including routine inspections and minor improvements and maintenance of landscaping, shade and seating areas. • The City of Georgetown Parks and Recreation Department may facilitate the coordination of special event programming in the area such as 5K run/walks, adventure races, or other Outdoor educational activities for the community. EXHIBIT B JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY (ER 405-1-12) INSTRUCTIONS 1. If considered necessary, use a separate ENG Farm and interior details of buildings, service facilities: inventory of 3143a for each room surveyed, machinery and equipment miscellaneous items and general remarks not otherMse covered in section It of this form or on 2. Additional sheets may be attached for physical ENG Form 3143& characteristics of land and buildings: exterior ADDED INSTRUCTIONS (Overprint, ifdeaked) SECTION I - PROPERTY DATA AND CONDITION AGREEMENT DATE OF SURVEY LEASE NO, LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN 6May 2014 DACW63-1-03-0668 2003-06-15 2003-06-15 ACTIVITY TOTAL LEASED BUILDING AREA (Square feet) Public Park and Recreation Lease 29.38 acres DESCRIPTION AND LOCATION OF PROPERTY DESCRIPTION PROPERTY ID CONDITION Toilet, masonry waterborne NF-42716 Good Picnic Shelter NF-42717 Good Parking Lot NF-42718 Good Access Gate NF-37790 Good San Gabriel hike/bike trail NF43870 Good JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY We, the undersigned, jointly made a survey and inspection of the condition of the property mentioned above. We agree that as of the date of survey, the condition of the property is as described herein. THE CONDITION OF THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE NO. OF ATTACHMENTS SIDE OF THIS FORM. ROOM CONDITIONS ARE INDICATED ON ATTACHED ENG FORM 3143A. NAME AND SIGNATURE OF OWNER 0 LESSOR LESSEE/ AGENT NAME,TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE The City of Georgetown, Parks and Recreation Scott Blank Lake Manager d �,c.� 4/t.4,.,-� Diyrasvrianm Waunxsmrrw.rz5ocznw BLANK.SCOTT.W.1 DN:oV5.o-V5.GmmnellCowaoD, owPYJ, ewN50. 230627793 DMg 20 p50.1215.Nr3 5S-0-05' W ADDRESS ORGANIZATION 1101 N. College U.S. Army Corps of Engineers Georgetown, TX 78626 ENG FORM 3143,1 JUN 1960 (Proponent CERE-A) EXHIBIT C SECTION II -EXTERIOR CONDITION OF THE PROPERTY (Attach sheet for added items.) ROOF, EAVES, DOWNSPOUTS, ETC. Good condition WALLS Good condition WINDOWS AND DOORS (Include storm windows and doors) Good condition FENCING Good condition LAWN, SHRUBBERY, TREES AND PERENNIALS Good condition WALKS AND DRIVEWAYS Good condition GARAGE AND OUT BUILDINGS Good condition ENTRANCES, ELEVATORS AND PATIOS NA SEWAGE Good condition REMARKS (Include questioned ordisputed Items, repairstobe made, etc Attach sheet, if necessary-) (Reverse of ENG FORM 3143) EXHIBIT C PRELIMINARY ASSESSMENT SCREENING 1. REAL PROPERTY TRANSACTION: The Corps proposes to issue a Lease, DACW63-1-14-0583, which will allow The City of Georgetown, Texas to continue use of 29.38 acres of land including government owned property for public park and recreational purposes at Lake Georgetown, Texas. The new Lease will become effective 15 June 2013 and expire on 14 June 2018. a. A COMPREHENSIVE RECORDS SEARCH was conducted which included a review of the following areas: 1) Real Estate Division files. 2) Real Estate Division maps. 3) Lake Georgetown Master plan. 4) Operations Division files. 5) Environmental Review Guide for Operations (ERGO). b. INTERVIEWS WERE CONDUCTED with the following: None c. A SITE INVESTIGATION was performed on 6 May 2014 by real estate, operations and project personnel, which consisted of a visual inspection of the area. 2. STATEMENT OF FINDINGS a. COMPREHENSIVE RECORDS SEARCH SUMMARY A complete search of the District files which pertain to the proposed lease area was made as stated in 1.a. above. The records search revealed no other evidence of any hazardous substance being stored, released or disposed of on the property involved. The operating plans and historical records also showed no other evidence of any activity which would have contaminated the property with hazardous substances. Exhibit D b. SITE INVESTIGATION SUMMARY A site investigation of the proposed lease area was made as stated in 1.c. above. This visual inspection revealed no unusual odors, stained soils, stressed vegetation, suspicious seepage, manmade land features, unnatural surface features or other evidence that would indicate the presence of hazardous wastes. Based on this inspection it was determined no hazardous substance has been stored, released or disposed of on the property involved. Project personnel have no other knowledge of past activities which might have created a hazardous situation. and Disposal Branch Approved By: Lee A. Flannery Chief, Management and Disposal Branch Real Estate Division Date Date Exhibit D Brad Arldt t:S Arnn Corps of 1.nginccrs Lake (ieorgeto\wn �)fl Cedar Breaks Road Ccortctown. Texas 7967R Re: Signaec at Bont}'s Park Attached you will find pictures of all signs and their locations at Booty's Park and the (;eorL)ctntn-n (':nallenge Course. se. 'I here arc sixteen signs located in the park area outside of the Challenge Course. "fhe first map shows each sign's location. The second map details the locations ol'signagr specific to the Challenge Course. The Challenge. Course has a total of Lwcnty signs comprised of lour different sign Lypes. These four sign types urc labeled in [his attachment as A. B, C, and D. Sign A = 9 • Sign B=G • Sign C 4 • Sign D = I If YOU need any further information, please feel Tree to contact me. Thank vou. Traci Stenelc Special Scr. ices Superintendent City of Ocuwgctown Parks and Recreation I r.;ci.Stanelc tecurecutwn.ora EXHIBIT E ra" Lq rf C EXHIBIT E M A �R t 't fi a i . k M a EXHIBIT E b Y ♦ Y L " Y = a q.• I O ca Ln P EXHIBIT E City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to award the blanket agreement for office supplies to V-Quest of Georgetown, Texas in the estimated amount of $80,000.00 -- Micki Rundell, Chief Financial Officer and Trina Bickford, Purchasing Manager ITEM SUMMARY: After review of available group purchase contracts and the City's current office supply requirements, it was determined that the contract with V-Quest offered under the TIPS/TAPS interlocal purchasing organization presented the best value for the City. V-Quest is a local vendor and has provided excellent service to the City for several years as the holder of the current blanket order for office supplies. Additionally, V-Quest has worked closely with the City to ensure our needs are completely met, even if the best solution was available from a source other than V-Quest. Staff recommends continuing this successful relationship under the TIPS/TAPS contract through 2014/2015 at which time the requirement will be reevaluated. Items included on this agreement are ordered on an as needed basis. Total costs are based on historical usage; however, the City's usage has been increasing and is expected to continue to do so, especially as the Public Safety Complex begins operations. FINANCIAL IMPACT: The estimated total for this blanket agreement is $80,000.00. Funds for this expenditure are budgeted in the individual department office supply GLs. SUBMITTED BY: Becky Huff City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to award the blanket agreement for paper products and janitorial supplies to Gulf Coast Supply in the estimated amount of $65,000.00 -- Micki Rundell, Chief Financial Officer and Trina Bickford, Purchasing Manager ITEM SUMMARY: After review of available group purchase contracts several years' competitive bids and the City's current paper and janitorial supply requirements, it was determined that the contract with Gulf Coast Supply offered under the BuyBoard interlocal purchasing organization presented the best value for the City. Gulf Coast has provided excellent service and quality products to the City for several years and is the holder of the current blanket order for paper and janitorial supplies. Staff recommends continuing this successful relationship through 2014/2015 for paper and janitorial products, at which times the requirements will be reevaluated. Items included on this contract agreement are ordered on an as needed basis. Total costs are based on historical usage; however, the City's usage has been increasing and is expected to continue to do so, especially as the Public Safety Complex begins operations. FINANCIAL IMPACT: The estimated total for this blanket agreement is $70,000.00. Payments for paper and janitorial products may be made from various GLs but will primarily come from the warehouse's GL, 540-1-0000-13-300. Funding for this requirement is included in the warehouse budget. SUBMITTED BY: Becky Huff City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a Resolution documenting the City of Georgetown's support and acceptance of a grant from Texas Department of Transportation (TxDOT) — Aviation Division to fund the Georgetown Airport Master Plan in an amount not to exceed $50,000.00 -- Edward G. Polasek, AICP, Transportation Services Director and Mike Babin, Deputy General Manager of Utilities ITEM SUMMARY: The proposed project would be to fund the creation of new Airport Master Plan. The prior Airport Master Plan did include the creation of a tower, was created as response to the growth in General Aviation leaving Austin Mueller, and did not adequately address the funding and operational requirements of the Airport. The Aviation Division of the Texas Department of Transportation agreed with this assessment and advanced the funding for the Airport Master Plan update from FY 15/16 to FY 14/15. In order to move the project forward, staff must prepare certain documents for TxDOT to include in their award package, including a resolution of support, designation of consultant selection committee and certification of project funding. GTAB BOARD RECOMMENDATION: This item was unanimously recommended by the GTAB Board for Council approval at the October 10, 2014 GTAB Board meeting. STAFF RECOMMENDATION: Staff recommends approval of the resolution, designation of sponsor and consultant selection committee. FINANCIAL IMPACT: The Airport Master Plan update was included in the FY 14115 Airport 5-year CIP as a FY 15/16 project. The TxDOT grant funding of $180,000 and City of Georgetown require $20,000 will require a budget amendment, however, the project can be funded from existing open P.O.'s with TxDOT and unbudgeted Airport Revenue from FY 13/14. SUBMITTED BY: Edward G. Polasek, AICP ATTACHMENTS: Resolution Designation of Sponsor Consultant Selection Committee TxDOT AVIATION CIP Form RESOLUTION NO. A Resolution authorizing an application for an Airport Master Plan Update between the City of Georgetown and Texas Department of Transportation - Aviation Division, and documenting the City of Georgetown's support and acceptance of this project, and authorizing the Mayor to execute same and the City Secretary to attest. WHEREAS, the City of Georgetown intends to make certain improvements to the Georgetown Municipal Airport; and WHEREAS, the general description of the project is described as: Airport Master Plan Update; and WHEREAS, the City of Georgetown intends to request financial assistance from the Texas Department of Transportation for these improvements; and WHEREAS, the City of Georgetown will be responsible for 10% of the total project costs currently estimated not to exceed $50,000. WHEREAS, the City of Georgetown names the Texas Department of Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements; 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. SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto, at the appropriate time, and with the appropriate authorizations of this governing body, all designations, contracts and agreements with the State of Texas, represented by the Texas Department of Transportation, and such other parties as shall be necessary and appropriate for the update to the Airport Master Plan for Georgetown Municipal Airport. SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. TxDOT Airport Master Plan Update Date of Approval: RESOLVED this day of October, 2014. ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: Bridget Chapman City Attorney Resolution No. TxDOT Airport Master Plan Update Date of Approval: DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE I, Dale Ross, Mayor , (Name) (Title) with the _City of Geor etg own` designates_ Ed Polasek, Transportation Services Director (Sponsor Name) (Name, Title) as the _City of Georgetown` authorized representative for the _Airport Master Plan` project, (Sponsor Name) who shall have the authority to make approvals and disapprovals as required on behalf of the City of Georgetown_. (Sponsor Name) City of Georgetown, Texas (Sponsor) By: (Signature) Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: Georgetown Municipal Complex P.O. Box 409 Georgetown, TX 78627 *Physical/Overnight Address: 300-1 Industrial Ave. Georgetown, TX 78626 Telephone Number: 512-930-2544 Fax Number: 512-930-3559 E-Mail Address: _ed.polasek(& eorgetown.org * ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT MAIL DESIGNATION OF SPONSOR'S CONSULTANT SELECTION COMMITTEE I, Edward G. Polasek , Transportation Services Director , (Name) (Title) with the City of Georgetown designate the following named individuals as the (Sponsor Name) Consultant Selection committee, for the Georgetown Airport Master Plan Update. The committee is authorized to determine selection criteria, review qualifications and proposals of candidate firms, conduct interviews, if necessary, and select a firm for the award of the design contract, based on a consensus ranking by the committee members. The decision of the selection committee will be final unless some discrepancy is determined to have occurred in the selection process. Name Title (if appropriate): 1. John Pettitt, Airport Representative, Georgetown Transportation Advisory Board. 2. David Johnson, Airport Representative, Georgetown Transportation Advisory Board. 3._Jordan Maddox, Principal Planner, Planning Department` 4._Mike Babin, Deputy General Manager of Utilities, GUS 5._Air2ort Manager, Georgetown Municipal Airport The _City of Georgetown has caused this to be duly executed in its name, (Sponsor Name) this day of ME Title: 20 City of Georgetown, Texas (Sponsor) G)Q 00 �1 A m m 00 z z C 2 D 0 m m EA IO IR 0 o r 0 n d m City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve a Lease Agreement between the City of Georgetown and Boy Scout Troop #155 and St. John's United Methodist Church for use of the Boy Scout Hut and adjacent shed in San Gabriel Park -- Paul E. Brandenburg, City Manager ITEM SUMMARY: The City Council approved a two (2) year Lease Agreement with Boy Scout Troop #155 and St. John's United Methodist Church, the troop's sponsor, for the use of the Boy Scout Hut and adjacent shed in San Gabriel Park on October 23, 2012. October 23, 2012 Legislative Agenda O Discussion and possible action regarding approval of a Lease Agreement between the City of Georgetown and Boy Scout Troop #155 and St. John's United Methodist Church for use of the Boy Scout Hut in San Gabriel Park -- Paul E. Brandenburg, City Manager Brandenburg spoke about the City's relationship with Boy Scout Troop #155 and spoke about the lease of the Boy Scout Hut with the Boy Scouts. He noted staff is asking Council to approve the lease agreement for another two years under the same terms as before. He introduced Mr. Glenn Beck to show Council some of the things they have done. He introduced Joseph Chambers, a member of the troop, who gave a presentation to the Council. Speaker, Joseph Chambers, said he is the life scout and he provided a brief history of 155. He said they have 44 scouts on role with the expectation to be over 55 in 2013. He said they have awarded 65 Eagle Scout awards and they have met in the Scout Hut for over 39 years. He described the character of their troop and spoke about the projects they did in 2012. He said they removed a 35 foot tree truck caught under the walking bridge at San Gabriel Park and removed 10 bags of trash from San Gabriel Park as well. He showed pictures of the "Move That Tree" event. He summarized and said Troop 155 is proud of its association with the City of Georgetown. He said they request that the city renew the lease of the Hut to the Boy Scout Troop. Motion by Gonzalez, second by Hellmann to approve the lease agreement. Approved 7 -0 The City Council agreed to a rental rate of $1 per year in addition to at least one service Project per year in return of the Boy Scouts usage of the Boy Scout Hut. The Boy Scouts have performed several service projects in the community in the past two years. An overview of these projects will be presented at the Council Meeting. The Boys Scouts are requesting that the City Council consider approval of a renewal of the Lease Agreement for the use of the Boy Scout Hut and adjacent shed in San Gabriel Park under the same terms and conditions as the prior Lease Agreement. ATTACHMENTS 1. Proposed Lease Agreement. FINANCIAL IMPACT: This item contains a Lease Agreement between Boy Scout Troop #155 and St. John's United Methodist Church for $1 per year in addition to at least one service project per year in return for the Boy Scout's usage of the Boy Scout Hut in San Gabriel Park. SUBMITTED BY: Paul E. Brandenburg, City Manager ATTACHMENTS: Boy Scout Lease Agreement Map of Boy Scout Hut in San Gabriel Park STATE OF TEXAS COUNTY OF WILLIAMSON This is an Agreement between the City of Georgetown, Texas (referred to in the Agreement as the "City"), and St. John's United Methodist Church and Boy Scout Troop #155 (collectively referred to in this Agreement as the "Boy Scouts"), for the use of buildings located at San Gabriel Park. The Boy Scouts and the City are collectively referred to as the "Parties". RECITAL The purpose of this Agreement is to state the terms and the conditions under which the Boy Scouts is permitted to use City premises for the purpose of conducting Scout Youth Activities only. In consideration of the mutual promises contained in this Agreement, the Boy Scouts and the City agree as follows: NATURE OF AGREEMENT A. Each party recognizes that the City has no authority under law to permit exclusive control of public park property by anyone other than the City. Therefore, this Agreement shall not be construed as giving said control to the Boy Scouts. B. The City agrees to permit the Boy Scouts to use certain facilities for the purpose of Scout Youth Activities which will be available to all City of Georgetown youth and of which, the City finds to be a benefit to the public. C. The Boy Scouts agree to be responsible for the maintenance and for the utilities of facilities described in Exhibits "A" and "B", attached hereto and made a part hereof. Formatted: Left: 0.8", Right: 0.8" i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 1 of 10 , D. The Boy Scouts agree to use the facilities to manage and administer a Scouts youth program (hereinafter called "said program") in the City of Georgetown San Gabriel Park. E. The City of Georgetown does not assume any responsibility for the supervision and administration of said program nor does it assume any liability arising hereunder. F. It is expressly agreed and understood by all parties hereto that the Boy Scouts is an independent contractor in its relationship to the City of Georgetown. Nothing herein contained at any time or in any manner shall be construed to affect a contract of partnership or joint venture or render any other party hereto the employer or master of any other party and/or its employees, agents or representatives. All necessary personnel shall be deemed agents or employees of the Boy Scouts. G. Inasmuch as the facilities are on public property, the Boy Scouts agrees to permit the public to use the building any time that they are not being used by the Boy Scouts. However, the City agrees that any use of the building by any person or group other than the Boy Scouts must be approved by the City Manager and the Boy Scouts. No one can use the building after 10:30 p.m. without the approval of the City Manager. H. The Boy Scouts shall not remove any structures constructed by the Boy Scouts that are attached to the premises owned by the City without first notifying the City Manager or his designee of its intent to do so and obtaining approval. The Boy Scouts shall be responsible for any damage to the premises or to any other property owned by the City as a result of the removal of any structures by the Boy Scouts. I. Should the Boy Scouts desire to expand or modify the facilities, the Boy Scouts shall pay the cost of said improvements and notify the Parks and Recreation Department of any such i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 2 of 10 changes. All expansions/additions or modifications must be reviewed and approved by the City of Georgetown's City Manager or his designee` - - I Formatted: Font: 11 pt - - Formatted: Indent: Left: 0.25" Formatted: Bullets and Numbering Formatted: Indent: Left: 0" DURATION OF THE AGREEMENT This Agreement shall be in force from December r eA-P4_.r.,... l-, 2010 until November 30 -2012. RENTAL TERMS OF THE AGREEMENT Formatted: underline " "' The Boy Scouts agree to pay to the City in �- - - - Formatted: Indent: Left: 0", Space After: 0 pt, Line ... - - - spacing: Double advance on the Lease Date -fez Base Rent for the the -entire term of the Agreement, Leasewhich Formatted: Bullets and Numbering is One Dollar and No/100 ($1.00) per year. Additionally, the Boys Scouts will be required to do at least one (1) service project per year to beautify City of Georgetown Parks.is IV. Formatted: Font: Bold TERMINATION OF AGREEMENT This Agreement may be terminated by either party giving thirty (30) days written notice to the other party of its desire to terminate said Agreement, or said Agreement may be terminated at any time by mutual agreement to the parties. IV. INDEMNIFICATION The Boy Scouts covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City of Georgetown, its officers, employees, and agents from and against any and all i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 3 of 10 liability, loss, damages, expenses or claims for injuries to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to either or both of the following: (1) the activities of the Boy Scouts, or (2) the operations under or otherwise incident to the provisions of this contract. The Boy Scouts hereby assumes all liability and responsibility for injuries, claims or suits for damages to person or property, of whatever kind or character, whether real or asserted, arising out of or incident to either both of the following: (1) the activities of the Boy Scouts, or (2) the operations under or otherwise incident to the provisions of this contract. The foregoing indemnification provisions shall apply to the Boy Scouts regardless of whether said liability, injury, loss, damage, expense or claim is caused in part by the City or its officers, employees, or agents. VI. LIABILITY INSURANCE The Boy Scouts agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use or arising out of accidents or injuries occurring in or around the described premises, in a minimum amount of $100,000.00 for each person injured, $300,000.00 for any one accident, and $100,000.00 for property damage. The insurance policies shall name the City and its officers, employees and agents as an additional insured. The Boy Scouts agrees to obtain a written agreement from the insurers to notify the City in writing in at least 30 days prior to cancellation or refusal to renew any of the policies. The Boy Scouts agrees that if the insurance policies are not kept in force during the entire term of this Agreement, and any extension thereof, the City may procure the necessary insurance, pay the i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 4 of 10 J premium therefore, and the Boy Scouts shall repay the premium to the City the next month following the date on which the premium is paid. VII. If the facilities are not maintained the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the Boy Scouts for costs associated with their noncompliance with this agreement. VIII. If the buildings described in Exhibits "A" and 'B" are damaged by a casualty, the City reserves the right to terminate this Agreement as is needed by the City, - - Formatted: Font: 11 pt SIGNED AND AGREED TO ON O nTuETHE DAY OF NOVEMBER - Formatted: Font: 11 pt 2010. ATTEST: Jessica Brettle, City Secretary APPROVED AS TO FORM: CITY OF GEORGETOWN By: George G. Garver, Mayor Mark Sokolow J Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 5 of 10 , City Attorney i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 6 of 10 ST. JOHN'S UNITED METHODIST CHURCH By: Printed Name: 311 E. University Avenue Georgetown, Texas 78628 STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 2010, by a person known to me, in his capacity as of St. John's United Methodist Church, on behalf of said Church. SEAL STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public, in and for the State of Texas BOY SCOUT TROOP #155 Glenn Beck, Scoutmaster 6015 Tonkowa Trail Georgetown, Texas 78628 § ACKNOWLEDGMENT Before me, a Notary Public, on this day personally appeared Glenn Beck, known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. - - Formatted: Indent: Left: 0", Tab stops: Not at 3.75" i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 7 of 10 J SEAL Notary Public, in and for the State of Texas i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 8 of 10 , DESCRIPTION OF THE PREMISES - SURVEYED METES & BOUNDS BEING 0.12 of an acre of land, situated in the Nicholas Porter Survey, Abstract No. 497, in Williamson- - - - Formatted: Justified County, Texas; said land being a portion of that certain tract of land, called 154 96/100 acres, as conveyed to the City of Georgetown, by deed as recorded in Volume 266, Page 498, of the deed records of Williamson County, Texas. Surveyed on the ground in the month of April, 1989, under the supervision of Don H. Bizzell, registered Public Surveyor, and being more particularly described as follows: BEGINNING at an iron pin set for the Northwest corner hereof; said point being S 85 02' E, 1,230.26 feet from the most northerly corner of that certain tract of land, called 5.07 acres, as conveyed to the Georgetown Commission Company by deed as recorded in Volume 1037, Page 636, of the Official Records of Williamson County, Texas; THENCE, S 80° 32' E, 94.00 feet to an iron pin set on the west line of a paved road, for the Northeast corner hereof; THENCE, along the said West line of the paved road S 9° 28' to an iron pin set for the Southeast corner hereof; THENCE, N 80° 32' W, 94.00 feet to an iron pin set for the Southwest corner hereof; THENCE, N. 9° 28' E, 55.00 feet to the Place of BEGINNING and containing 0.12 of an acre of land. Buildings: Those certain Buildings consisting of approximately 1400 square feet and 1800 square feet respectively originally constructed by the Optimists Club and Boy Scout Troop #155 and now owned by the City of Georgetown, Texas (per the terms of the Existing Lease) and situated on the Premises. i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 9 of 10 EXHIBIT B DESCRIPTION OF THE PREMISES - AERIAL MAP i Formatted: Font: Palatino Linotype, 8 pt i Boy Scout Hut Lease Page 10 of �10 City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve a Resolution documenting the City of Georgetown's support and creation of a Transportation Infrastructure Zone and entering into an Interlocal Cooperation Act Agreement with the Lone Star Rail District to fund the future operation of commuter rail service through a portion of revenue generated by the Transportation Infrastructure Zone -- Paul Brandenburg, City Manager, Bridget Chapman, City Attorney, Micki Rundell, Chief Financial Officer and Edward G. Polasek, AICP, Transportation Services Director ITEM SUMMARY: At the October 14, 2014 City Council Meeting, staff was directed to bring back all supporting documents to consider a Resolution and Interlocal Agreement for the creation of the Transportation Infrastructure Zone (TIZ) and document participation with the Lone Star Rail District. Since that meeting, staff has met with representatives of the Lone Star Rail District to determine the TIZ boundary and to negotiate terms of the Interlocal Agreement for Council's consideration. Staff has also worked to provide specific answers to questions raised by Council member Fought concerning funding and operations of the commuter rail station. Staff has provided a specific details concerning the attached interlocal agreement and resolution in the Council member Fought questions and Financial and Program Analysis attachments. In brief, the interlocal agreement and TIZ will: • Place 50% of the growth in property tax revenue in the TIZ into a City -controlled special fund that will be paid to LSTAR when the meet specific obligations. • The City will pay an additional amount from the growth in property taxes, equal to 25% of the growth in sales tax revenue in the TIZ into the same City -controlled special fund. • The total payment from those two sources is capped at the value of 75% of the growth in property tax revenue in the TIZ. In other words, the sum of the two payments above can never go above 75% of the total annual property tax revenue growth in the TIZ. • The remaining growth in property tax revenue, difference between growth in valuation and sales tax collected in the area, in the TIZ will be used to fund local projects in the TIZ as identified in the agreement • LSRD cannot access the funds until it meets two performance goals: 1. Within 2 years or by May 2017, LSRD must have completed local funding agreements with the cities of Austin and San Marcos and the counties of Travis and Hays. 2. Within 6 years or by January 2021, LSRD must have an agreement in place with Union Pacific Railroad to relocate its through freight, and a completed financial plan to pay for project construction. • The only true expense to the City in the creation and operation of the LSTAR station will be an internal roadway, which is identified as an eligible project in the local TIZ revenue, the annual maintenance of the rail station (grounds and security, not tracks and trains) and annual membership dues. • Guarantees a station location in Georgetown and a seat on the LSRD Board of Directors. STAFF RECOMMENDATION: Staff recommends approval of the Resolution documenting the City of Georgetown's support and creation of a Transportation Infrastructure Zone and entering into an Interlocal Cooperation Act Agreement with the Lone Star Rail District. FINANCIAL IMPACT: See Financial & Program Analysis attachment SUBMITTED BY: Edward G. Polasek, AICP ATTACHMENTS: Councilmember Fought Questions Financial and Program Anal Interlocal Agreement Resolution authorizing TIZ LSRD Area Impacts Report Concerns and Questions raised by Councilmember Fought I support the decision of Council to continue our membership in the Lone Star Rail District (LSRD) for another year. Part and parcel with that support is the Council's decision to ask the Georgetown Transportation Advisory Board (GTAB)1 to examine a number of aspects of our participation, including various financial issues. So that there is no misunderstanding of what I expect GTAB to consider, I am providing here a list of concerns and associated questions. Please appreciate that these are my concerns and my questions, and may or may not be the concerns and questions of other Council members. However, I believe it is important for me to identify my perspectives at the outset of GTAB's examination process. I will raise these specific issues when the GTAB report is presented to Council. My purpose is to do my best to eliminate surprises at the end of the process. BASIS OF CONCERN #1: The proposed financial arrangements for funding our share of the Operations and Maintenance (O&M) costs (estimated by LSRD to be $1 Million annually) depend upon what I believe to be unrealistic assumptions on economic growth in the immediate area surrounding the Georgetown LSRD station. The arrangement calls for the city to obligate 50% of the new property tax revenue from the increased assessed value of commercial property located within approximately 1/4 to 1/2 mile of the proposed station and 50% of the city share of the increase (over today) in sales tax revenue from the same area. Question 1: What combination of increase in commercial property assessed value and sales revenue is envisioned to provide the $1 Million in revenue to meet the LSRD requirement of $1 Million annually? Councilmember Fought Questions Page 1 The proposed TIZ agreement has the following deal points, among others: • The Ci , will pay 50% of the growth in property tax revenue in the agreed - upon Transportation Infrastructure Zone (TIZ) around the Georgetown LSTAR station into a City -controlled special fund. • The City will pay an additional amount from the growth in property taxes, equal to 50% of the growth in sales tax revenue in the TIZ into the same City -controlled special fund. • The total payment to LSRD from those two sources is capped at the value of 754-00% of the growth in property tax revenue in the TIZ. In other words, the sum of the two payments above can never go above 75% of the total annual property tax revenue growth in the TIZ. • The remaining growth in property tax revenue in the TIZ will be used to fund local projects in the TIZ as identified in the agreement. • LSRD cannot access the funds until it meets two performance goals: o Within 2 years or by May 2017, LSRD must have completed local funding agreements with the cities of Austin and San Marcos and the counties of Travis and Hays. o Within 6 years or by, anuary 2021, LSRD must have an agreement in place with Union Pacific Railroad to relocate its through freight, and a completed financial plan to pay for project construction. • At either of those two points, if LSRD has failed to meet the goal, the City can reconsider its participation in the project, and at its option extend the deadline OR cancel the agreement, dissolve the TIZ, and put any collected funds into the City s General Fund; As part of the T-1Z agr-eement� the City will be asked provide hSR 0 of system. The additional additional property tax revenue generated at the station to fund operations of the gener-ated in the area, w-hefe up to 0 of the additional property tax inefease. 44 For example,woul I if there is $100 dellar-s in additional property t-a*7tax revenue growthgenerated in the zone, $50 would be set aside in a city -controlled TIZ fund. ffind se-vif f r -S if they meet their bligatie-is ou (lined in the T17 agreement. The additional $50- Ava-4-fld bta ;Lat a-.1;idLa and- RM-nually paid tO J-SR-4-4) From the $50 of remaining revenue growth in the zone, an additional payment will be set aside, equal to 50% of the sales tax revenue growth in the zone. The sum of the $50 payment and the payment equal to 50% of sales tax revenue growth will not exceed the total $754-00 in property tax revenue growth. If we assume, for example, that sales tax growth in the zone is $50, then an additional payment of $25 would be set aside in the city -controlled TIZ fund. The final $25 would be set aside the city -controlled TIZ fund' to help12ay for local city projects in the zone, as identified in the agreement between the city and LSRD. Once we agree to the TIZ formula, or have the ability to negotiate with LSRD they will begin modeling the land use and sales tax projections for the area to determine the actual amount of new property tax revenue generated; and a+d proiect the new sales tax revenue generated to determine, what the .- - - Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" .- - - Formatted: List Paragraph, Bulleted + Level: 2 + Aligned at: 0.75" + Indent at: 1" .- - - J Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Palatino Linotype, 12 pt, Font color: Custom Color(RGB(31,73,125)) Formatted: Font: 8 pt i e2 Question 2: Is that combination realistic for Georgetown? (Note: a comparison to Wolf Ranch or the Rivery project would be useful.) Until we have the ability to negotiate with LSRD and revieweei-ve the financial model, we will not know the value of the specific revenue streams. The additional sales tax and associated development fees and utility revenue will have to be modeled to determine the cost of City services. However, the-f4a�LSRD is 1p ans to scale the service level (and therefore the cost of the service with the total financial contribution from all the with additional revenue gener-ated fr-enn other-TIZ areas - for example those in Austin and San Antonio, and the other corridor cities and counties' smaller revenue generating stations. Therefore, it is a realistic revenue source. An example of the LSRD Economic Impact Analysis -the Finaneial r-eper-t-from Hays County was included in the October 14, 2014 Council item. That same type of report will be completed for the Georgetown Area. BASIS OF CONCERN #2. Georgetown will still have to provide standard city services to the area within 1/4 to 1/2 mile of the station, but will have to do so after diverting $1 Million from the new commercial property tax and sales tax revenues from that area to cover the 0&M costs (see above). Question 3: How will the city cover the cost of providing those city services (i.e., replace the $1 Million which was diverted to O&Mfor LSRD)? City Sservices is-amarginal cost increase for the area, and because much of the area is expected to develop as commercial property, the increased revenues that would normally be generated at the site should more than cover the typical cost increases. EWhen we complete the official financial model, this will be a big4Reven more al2p ent, because at this time only the HEB site carries a very high probability of developing soon. Everything else can change significantly by the time the LSRD looks to be operational, and will be influenced and possibly induced by the presence of the rail station. - Much like the Hillwood Agreement, the additional revenue from sales tax, user fees and economic activity would be expected to cover municipal operations in the area. Councilmember Fought Questions Page 3 BASIS OF CONCERN #3. Georgetown would be obligated to construct the station (other than the platform) and a parking facility in addition to other infrastructure (roads, utility lines, and so forth). Question 4: Approximately how much would it cost the city to construct that infrastructure? (Note: 1 understand we have a preliminary staff estimate of approximately $14 Million.) The only true expense to the City in the creation of the Station would be an internal roadway connecting the station and parking lot being built by LSRD. Staff has completed a list e€Tkiswith this specific improvement and other roadway capacity improvements that could be funded with revenue generated by the TIZ. Once the financial modeling is completed, we will know how much revenue will be generated for these projects. Exhibit D of the Interlocal Agreement includes all local projects considered for funding with TIZ related revenue. Question 5: What would be the source of funds for that effort? Exhibit D of the Interlocal Agreement includes all projects considered for funding with TIZ related revenue. If adequate funding is not available for these projects through TIZ revenues, staff would continue to seek funding for these projects through traditional sources such as Road Bonds, GTEC and State or Federal funding where appropriate. The water, wastewater and electric facilities necessary to serve the project have adequate time to be funded through the normal CIP and development process, as service is not anticipated for 6 years or more. BASIS OF CONCERN #4. Georgetown would normally provide some form of economic incentives to the area surrounding the LSRD station in order to stimulate economic development. However, under the proposed financial arrangements, we would already be committing (for an indefinite period of time) $1 Million for O&M. Question 6: What would be the expectation for city funds to support economic development, and what would be the source of those funds for economic development in the vicinity of the LSRD station? Councilmember Fought Questions Page 4 The roadway improvements and CIP planning for the project area will provide most of the incentives necessary for traditional development. However, we are not anticipating traditional development in the area, so we would consider several options over the next few budget cycles to provide incentives for the targeted type of development, higher value mixed use/transit oriented development (TOD). The first item would be to obtain the entitlements for the property. Staff would propose a work program in next year's budget process to complete the regulating plan/ordinance following Chapter 4.11 of the UDC. The City may also consider working with property owners in the area on creating a Public Private Partnership in developing the TOD site. BASIS OF CONCERN #5. Our overall resource commitment to the LSRD could squeeze out other projects unless we significantly raised taxes. I am specifically concerned about the $60+ Million backlog in voter -approved bond issues for Parks, Recreations and Roads, the soon -to -be - considered renovation and revitalization of our airport (at what cost?), and our rapidly increasing property -tax -supported debt. Question 7: Can we flow these various obligations without increasing property tax or, if not, then what are the projections for property tax increases to meet these obligations? Councilmember Fought Questions Page 5 The City can flow the operations without a property tax impact, depending on your perspective. In a model where everything develops with or without the LSRD, then the costs associated with the LSRD imply a tax burden to the City in that it diverts revenue away from other expenditures. However, if the financial model is viewed asshows development occurring at reduced value, or not at all, without the L—SR-BLSTAR station, then not having the ISRB LSTAR station will create a tax burden to the City, awhile having the station will allow the flexibility of lowering the tax rate. Our- station is gaing to be ver-�� diff4eolt to 19r-ediet. When discussing modeling assumptions for the DART system with Dallas area suburban communities the responses the City received were very telling. First, the stations in DART were located in areas that had been developed before, but had also become vacated and in dire need of redevelopment. This meant that the infrastructure was already in place, and having the rail station close by made the redevelopment easy. However, many of the CFOs honestly believed that the development would have happened even without the rail line, but perhaps just in a different part of the City. Ultimately they concluded that it was impossible to prove the economic benefit before, or even after, the rail was built, but that instead they signed off on the deal for connectivity reasons. The Georgetown station location is different in that very little is developed Peear-inearbyt, but it i=s also similar because Georgetown's population ties into the greater workforce that ,}�dstretches from as -our City to San Antonio. That leaves two possibilities for the results of the modeling= either nothing of significant value develops around the station and Georgetown is just an end point oin a commuter rail line that is subsidized by the other C3tiescities, or Georgetown sees significant commercial development that includes employment and destination centers and that added value more than covers the expense of operating the rail line. Our best efforts will likely produce an estimate somewhere in between those two results, but given the inputs we have to work with the error grange is going to be vepy hghsignificant. Nobody can accurately predict the impact of the rail station outside of a Broken Window Fallacy argument when it has about 6 years left before all of the financing is in place, and i the project has not determined all of the final stations and service levels. All we do know is that the ultimate long term development around that station will be different than what would have developed without it. Councilmember Fought Questions Page 6 BASIS OF CONCERN #6. There is no guarantee that the LSRD will place a station in Georgetown, regardless of the outcome of the Environmental Impact Studies and/or our continued membership. Question 8: At what point will we know if Georgetown will get a station and who will make that decision? The City will not get a station if we do not create the TIZ. An EIS is underway to determine the viability of the entire project. Federal and State funding will have to be secured to build the line and stations. If all of these do not work out, LSRD has not meet its obligation under the proposed agreement and the City will lthen be able to use 100% of the TIZ revenue generated to fund transportation improvements in the area as outlined in the agreement, and will have the ability to terminate the agreement and TIZ, and return the money to the General Fund. Thank you very much for taking these concerns intoaccount and I look forward to your results. Sincerely, Stephen 0. Fought Stephen 0. Fought District 4 Councilmember Fought Questions Page 7 FINANCIAL & PROGRAM ANALYSIS — LONE STAR RAIL DISTRICT (LSRD) TRANSPORTATION IMPROVEMENT ZONE (TIZ) TIZ Purpose: Finance operations and maintenance costs associated with light rail services between Georgetown and San Antonio. ✓ Guarantees a station location in Georgetown and a seat on the LSRD Board of Directors. o Construction and opening of station dependent on overall project construction — no real delay other than building line o Any revenues from the TIZ increment would be held until federal funding was secured ✓ LSRD needs agreements with each entity in order to show local support of project prior to federal funding o Agreements from entities included in the original funding plan must be in place by 03/101/2017 ■ San Marcos (completed) ■ Austin ■ Hays County ■ Travis County o Additional agreements being sought from: ■ Kyle ■ Buda ■ Georgetown ■ San Antonio ■ New Braunfels ■ Round Rock ■ Williamson County ✓ LSRD must secure federal funding by January 2021 ✓ Federal funding is assumed for all capital construction costs o Preliminary design of Union Pacific bypass o Construction timeline to complete line 3 to 4+ years after funding received ✓ TIZ funds system operation — NO CAPITAL COSTS o Participating entities create TIZ and remit funds to LSRD who then uses all funding to pay O & M expenses of system o Agreement is for operations of system for 36 years ■ 36 years allows for 30 year debt financing once federal funds have been secured • Option to extend agreement for 20 additional years if parties agree Financial Commitment: • City pledges "tax increment" (property valuation increase in zone since 01/01/2014) 0 50% of property tax revenue from the increment of the zone 0 50% of General Sales Tax (1%) in zone (up to remaining 50% of property tax revenue in zone) ■ Not to exceed 100% of the incremental property tax revenue in the zone • "In -Kind" costs — once Station is operational o Utilities & maintenance of station • Annual LSRD membership fees o Currently $49,500 • At the time of station construction, $1.8 to $2.51VI for internal road connections would be funded by the City o Funding for these projects would be General Fund or tax supported debt • CITY WILL NEVER BE ASKED TO CONTRIBUTE MORE THAN THE INCREMENT OF THE CITY'S TIZ NOTE: If LSRD does not secure fundina after 6 vears, the TIZ district is dissolved and reserved funds released • Funds could be used for other transportation improvements in the area or reinvested into the City's General Fund as determined by City Council o Specifications could be added to the TIZ creation resolution regarding use of any released or excess funds related to the zone TIZ Commitment: • Resolution creates the TIZ o No other public notification or legislative action is needed o "Floor" valuations set as 2014 Property Values (01/01/14) Properties have been identified for TIZ o Create "Transit Oriented Development" —TOD zoning ■ Provides property owners with City intent for area to prevent future land use issues o Potential revenue generation for financial support of the TIRZ Any non -spent increment could be set aside to fund improvements within the TIZ as directed by Council SUMMARY: The area in question is primarily underdeveloped, yet potential valuation growth is anticipated with the completion of the FM1460 project and development of related properties. The only immediate financial impact is the on -going $49,500 LSRD annual dues. Financial outcomes will be based on whatever development occurs, with limited financial risk to the City. If funding is secured, the City will need to construct internal road improvements necessary to serve the station. If successful, future improvements such as parking structures would also be required, and also funded by the City. If development is sluggish or does not meet expectations, the City has minimal risk beyond what has already been described. (Primarily related to road improvement costs associated with the site) All current revenue being received today from this area will continue, with the recognition of additional revenues from sales tax and other sources if the project develops as planned. INTERLOCAL COOPERATION ACT AGREEMENT Between The CITY OF GEORGETOWN AND LONE STAR RAIL DISTRICT This Interlocal Cooperation Agreement is authorized by Chapter 791 of the Texas Government Code and by Chapter 173 of the Texas Transportation Code (Chapter 173) and is by and between the City of Georgetown, a Texas home -rule municipal corporation (City) and Lone Star Rail District, a Texas Intermunicipal Rail District (LSRD) (Parties) and has an effective date of October 28, 2014. RECITALS This agreement (Agreement) is an interlocal agreement authorized and governed by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. Each party represents and warrants that in the performance of its respective obligations as set forth in this Agreement, it is carrying out a duly authorized governmental function, which it is authorized to perform individually under the applicable statutes of the State of Texas and/or its charter. Each party represents and warrants that the compensation to be made to the performing party contemplated in this Agreement are in amounts that fairly compensate the performing party for the services or functions described in this Agreement, and are made from current revenues available to the paying party. Chapter 173 authorizes local governments to enter into interlocal cooperation agreements with intermunicipal rail districts to perform governmental functions, such as the creation of a Transportation Infrastructure Zone. A transportation infrastructure zone establishes a mechanism for a local government to capture increments of ad valorem taxes from the increased tax revenue attributable to the construction and operation of an intermunicipal rail system within the territory of the participating local government. LSRD and the City wish to create a transportation infrastructure zone to facilitate the City's contribution of financing for the LSRD rail system. The zone created by LSRD and the City (Zone) will be comprised of the one LSRD rail station that is planned to be located within the City's territory. The City will contribute tax increment financing for the design, construction, operation, and maintenance of infrastructure within the Zone, as stated in this Agreement. (Each discrete element of infrastructure for which increment financing will be used in this Agreement is referred to below as "Project'). LSRD wants a transportation infrastructure zone created on or before December 31, 2014 to establish the tax increment base and also wants a method of providing financing for rail purposes within the Zone to be established at this time. The City and LSRD acknowledge that creating the Zone and establishing the date for determining the tax increment base on or before December 31 provides significant value to LSRD and that establishing a mechanism for financing the Projects in the Zone at this time is also of significant value to both parties. The proposed Transportation Infrastructure Zone has been reviewed by the City and is considered by it to include properties whose timing and level of development will be directly impacted for the positive by the establishment of a passenger rail station by LSRD. In consideration of the premises and the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: DEFINITIONS 1. "Agreement" means this Interlocal Agreement approved by the Parties as shown in Exhibit "A". 2. "Captured Appraised Value" — The value of the taxable property in the Zone for a taxable year as of December 31 less the value of the Tax Increment Base. 3. "Project Plan" is the plan by Lone Star Rail District for transportation facilities and related improvements in or related to service in the Territory of the local government and is attached to this Agreement as Exhibit "B". 4. "Tax Increment" — Taxes levied and collected on the amount of the Captured Appraised Value on taxable property within the Zone. 5. "Tax Increment Base" — The appraised value of all taxable property located in the Zone as of December 31It of the first year during which this Agreement is effective. 6. "Tax Increment Payment" shall be made semi-annually on March 1 and September 1 (or the first business day thereafter). 7. "Territory" is the city limits of the City. 8. "Zone" means the Transportation Infrastructure Zone and the area within the Zone, as defined on the Exhibit "C" to this Agreement. If there are separate stations in the Zone, the separate areas may be referred to by the station name portion of the Zone. A. TERM 1. The initial term of this Agreement is 36 years and may be extended for an additional 20 years upon approval by the City Council and LSRD. 2. No later than two years (24 months) before the end of the initial term of this Agreement, the City Council will consider and vote on whether to approve an extension of the term. LSRD will notify the City of the approaching end of the initial term of this Agreement and the option to extend the agreement for an additional 20 years no later than two and a half years (30 months) before the initial termination date. 3. In the event the Council votes to not exercise an extension, the City shall provide LSRD a written notice no later than 30 days following the Council action stating its intent to not extend the term. 4. Notwithstanding any other term or condition, this Agreement may be terminated by any one of the Parties by giving written notice to the other parties prior to twenty- four (24) months before the end of the initial term of this Agreement. 5. It is the intent and understanding of the Parties that the obligations of each party under this Agreement shall remain effective only so long as and provided that there are current revenues available to the paying party for the purposes of this Agreement. B. GENERAL OBLIGATION OF EACH PARTY 1. LSRD's Requirements: a. Measure of Viability and Timelines Measure for Determining Project Viability: LSRD has a contractual agreement or agreements with Union Pacific (UP) for transfer of ownership of Union Pacific's existing rail right of way to or for the benefit of LSRD and LSRD has secured all necessary capital funding for the proposed rail bypass and the proposed passenger rail transportation facilities necessary to initiate service. LSRD also has a financial plan and commitment for funding its operations, capital improvements plan, and repayment for any loans or debt related to its capital funding. ii. Regional Cooperation Timeline: If by two years from the execution of this Agreement or by May 1, 2017, whichever is the later, the cities of Austin and San Marcos and the counties of Hays and Travis have not approved an interlocal agreement for participation in funding the operation of the proposed rail transportation facilities, then the City or LSRD, at either's option, may terminate the Agreement and all funds accumulated in the City's Rail Tax Increment Financing Fund will be available for Council to redirect to any lawful municipal purpose. iii. Project Timeline: If by six years from the execution of this Agreement or by January 1, 2021, whichever is the later, the LSRD has not met the Measure for Determining Project Viability, then the City or LSRD, at either's option, may terminate the Agreement and all funds accumulated in the City's Rail Tax Increment Financing Fund will be available for Council to redirect to any lawful municipal purpose. b. Construction Requirements LSRD will design and plan the transportation facilities and related improvements that are to be constructed in the Zone in a manner consistent with the Project Plan in effect on the Effective Date of this Agreement. The plans and specifications for the infrastructure shall comply with all federal, state, and local design and construction standards, including the Texas Accessibility Standards, and the applicable provisions of the Americans with Disabilities Act (ADA), and rail and traffic safety standards, in effect at the time of construction. ii. The City will design and plan the transportation facilities identified on Exhibit D ("City Projects") and related improvements that are to be constructed in the Zone in a manner consistent with the Project Plan in effect on the Effective Date of this Agreement as applicable. The plans and specifications for the infrastructure shall comply with all federal, state, and local design and construction standards, including the Texas Accessibility Standards, and the applicable provisions of the Americans with Disabilities Act (ADA), and rail and traffic safety standards, in effect at the time of construction. iii. The plans and specifications for transportation facilities and related improvements shall be subject to the City's review as provided by statute, code, and applicable local laws; provided, however, the plans and specifications for utility infrastructure for utilities that will be supplied by LSRD (including, without limitation, electric and thermal) shall be in accordance with LSRD requirements and not subject to City approval. LSRD agrees to consult with the City with respect to the design aspects of the transportation facilities and related improvements not directly governed by City code that relate to community integration and general aesthetics. To the extent commercially reasonable and within the financial capacity of LSRD, LSRD shall endeavor to implement the City's recommendations with respect to those design aspects of the transportation facilities and related improvements. iv. All sets of plans, as -built drawings, and specifications required to be provided to the City in this Section and elsewhere in this Agreement shall be delivered to the City as complete sets of print and electronic drawings. The electronic drawings shall be in a program format agreed upon by the Parties. v. The City will coordinate with LSRD in the design and construction of all transportation infrastructures directly impacting LSRD's Project that it is responsible for constructing under this Agreement, including providing sets of plans, specifications and as -built drawings in a timely fashion. vi. The plans and specifications for transportation facilities and related improvements in the Zone shall include all track improvements and all other improvements as set forth in the Project Plan. The plans and specifications for the transportation facilities and related improvements shall comply with all federal, state, and local design and construction standards, including the Texas Accessibility Standards, and the applicable provisions of the Americans with Disabilities Act (ADA), and rail and traffic safety standards, in effect at the time of construction. vii. LSRD's obligation to comply with the Project Plan is subject to the City's provision of funding pursuant to Section B.2.b. of this Agreement, and to LSRD's right to terminate this Agreement. LSRD agrees to provide prior 4 written notice of any proposed material or substantial change to the scope of the work, cost estimates, or project schedule for the Project Plan that is not caused by an event of Force Majeure, as defined herein. LSRD shall have the right to amend and modify the Project Plan without providing prior written notice if the proposed change is not a material or substantial change. The City shall have a period of 45 business days from the date of receipt of such notice of a material change to provide comments and objections to the proposed change. The absence of written objections or comments by the City will constitute approval of the proposed material change by the City. If the City provides written notice to the LSRD that it objects to the proposed material change, and the objection, as set out in the notice, is not resolved within 45 business days from the date of such notice, then the City and LSRD shall meet to resolve the noticed objections. If the City and LSRD are unable to resolve the objections, no change to the Project Plan shall be made which has the effect of increasing the City's costs of participation, delaying the project schedule for the Project Plan, or reducing rail service levels. LSRD shall repair or otherwise make the city whole for any damage to City Property that is the result of its development or construction activities under the Project Plan. LSRD shall select the use of City electric utility service for the operation of its constructed passenger rail station facilities within the City when given the option of doing so between alternative electric services providers. c. Excess Funds and Limitations on Funds. When the Zone is in operation and Tax Increment Payments are being made, LSRD will annually identify any excess funds it receives that are not needed for operating reserves, operations and maintenance, or for capital or equipment replacement of its Project and return the excess funds to the City for redeposit into the Rail Tax Increment Financing Fund established under Section B.2.a of this Agreement. 2. City's Requirements: a. Rail Tax Increment Financing Fund The City shall establish a Rail Tax Increment Financing Fund ("Tax Increment Fund") as an interest earning Special Revenue Fund, to account for the property tax increment revenue that is collected in the Transportation Investment Zone related to the proposed rail station within the territory of the City. The property tax increment revenue plus all interest earnings in the Tax Increment Fund will accumulate for potential future use in accordance with the terms of this Agreement as the City's contribution of financing for the LSRD rail system and related transportation facilities. The City may terminate, suspend participation in, or withdraw from this Agreement as stated in Section A.4, Section B. 1, and Section E. 1. In the event the City terminates, withdraws, or suspends its participation in this Agreement, the City Council may redirect accumulated balances in the Tax Increment Fund to any lawful municipal purpose. b. City's Participation Level 1) The City's percent property tax increment participation level to be collected and deposited into the Tax Increment Fund shall be one -hundred percent (100%) of the Tax Increment. 2) The Tax Increment shall be allocated for payment to LSRD or for use by the City for the City Projects as stipulated in this Agreement. 3. The City shall maintain custody and manage any and all funds deposited in the Tax Increment Fund. LSRD shall have no access to, control over, nor any right to manage the Tax Increment Fund. 4. Preexisting Economic Development or Tax Payment Agreement. If any property is included within the Zone and at the time of inclusion within the Zone, the property is under a preexisting TIF district, 380/381 economic development agreement or tax abatement agreement ("Preexisting Agreement"), by one or more Parties, the property under the Preexisting Agreement will contribute Tax Increment Payments to the Tax Increment Fund as to the respective Party for the duration of the Preexisting Agreement at an amount equal to the net difference between the Preexisting Agreement payment obligation and the Tax Increment Payment. After expiration of the Preexisting Agreement, the Tax Increment Payment shall be governed by this Agreement. Subsequent to the effective date of this Agreement, the City shall not grant any economic development benefit or enter into any economic development agreement that would result in a reduction in its Tax Increment Payment of the Tax Increment Fund. c. City's Payment to LSRD from the Rail Increment Financing Fund 1) Only the revenue sources or operational support (other than appropriated annual membership payments) designated in this Agreement will be used or provided by the City for its contribution of financing for the LSRD rail system and its operations. Payments to LSRD shall never exceed deposits by the City into the Tax Increment Fund authorized under B.2.b of this Agreement plus Tax Increment Fund interest earnings. 2) The City's Tax Increment Payment to LSRD from the Tax Increment Fund shall be fifty percent (50%) of the Tax Increment unless otherwise stipulated in this Agreement. 3) In addition to the Tax Increment Payment to be made by the City pursuant to the preceding section, the City shall make an additional payment to LSRD from property taxes collected on property in the Zone and deposited into the Tax Increment Fund on the dates provided for payments into the 6 Tax Increment Fund based on the following calculation: a) The City shall determine the general fund's one percent (1%) local rate sales tax revenue collected by the City for the year of the Tax Increment Base and the amount of corresponding local rate sales tax revenue collected by the City from taxable activities within the Zone for the previous calendar year. The difference in local rate sales tax revenue collected between the Tax Increment Base year and the prior calendar year is defined as Additional Sales Tax Revenue. b) The City shall pay into the Tax Increment Fund a total annual amount equal to fifty percent (50%) of the amount of Additional Sales Tax Revenue. 4) Notwithstanding the preceding provisions of Sections B.2.c, the City's Tax Increment Payment to LSRD from the Tax Increment Fund shall not exceed seven • -five percent (75%) calculated on a yearly basis of the Tax Increment unless otherwise stipulated in this Agreement. „ - Formatted Font color: Auto 435L_Unti1 the conditions in the Measure for Determining Project Formatted: Indent: Left: 1.19", No bullets or Viability are met, no monies shall be disbursed to LSRD from the Tax numbering Increment Fund. 5)6)Once the conditions in the "Measure for Determining Project Viability" are met, LSRD may request reimbursements for uses of the Tax Increment Fund consistent with Section B.2.c of this Agreement. Requests for reimbursement must be made in a form approved by the City and shall be submitted to the City 45 days or more before the date of a Tax Increment Payment. The City shall reimburse LSRD only for Projects designed and constructed as stated in Section B.l.b Construction Requirements, above. Reimbursements may be used only for the purposes stated in Texas Transportation Code Section 173.256 (e) "Financing of Certain Transportation Infrastructure," which currently reads as follows: i. To provide a local match for the acquisition of right-of-way in the territory of the local government; or ii. For design, construction, operation, or maintenance of transportation facilities in the territory of the local government. 02L_During the 24 months before the initiation of passenger rail services, LSRD may request funding consistent with Section B.2.c of this Agreement for reasonable and necessary start-up costs that are allowable under Texas Transportation Code Section 173.256 (e), excluding rolling stock. These costs may include costs for staff necessary to drive and test rail equipment functionality to meet Federal inspection requirements, security service and insurance on rail facilities. Requests for funding must be made in a form approved by the City and shall be submitted to the City 45 days or more before date of a Tax Increment Payment. Reimbursements may be used only for the purposes stated in Texas Transportation Code Section 173.256 (e) "Financing of Certain Transportation Infrastructure". -7)BL_When LSRD begins providing passenger rail service to City of Georgetown residents, the City will begin making Tax Increment Payments of the property tax increment revenue consistent with Section B.2.c of this Agreement plus its prorated share of interest earnings collected and deposited in the Tax Increment Fund to Lone Star Rail District semi-annually on March 1 and September 1 (or the first business day thereafter). In addition, the first scheduled payment will include any accumulated balance in the Tax Increment Fund. d. City Projects Funds deposited or held in the Tax Increment Fund that are not to be paid to LSRD under Section B.2.c of this Agreement may be withdrawn by the City for reimbursement of the design, construction, operation, and maintenance of the City Projects described in Exhibit D, e. In -Kind Support to LSRD In -Kind Contributions by the City to LSRD. In addition to the tax increment funds provided herein, City shall provide for all stations served by the LSRD within the portion of the Territory located within the city limits of the City custodial services, maintenance of the station, platform, grounds and landscaping, and expenses related to utilities (water, electric, wastewater services and trash removal) and security. Maintenance and other standards for these services shall be set out in a separate agreement between City and District. The use of City owned real property within the Zone to LSRD shall also be an in -kind contribution and consideration for the provision of services from LSRD. f. No Other Funding Obligation 1) Except for contributing its respective Tax Increment Payments to the Tax Increment Fund and related interest earnings and providing its In -Kind Contributions as set out in this Agreement, the City shall not have any obligation or responsibility for any costs or expenses associated with the development of the Zone or the implementation of the Project Plan, including, without limitation, any obligation to pay or repay any debt. f. City's Economic Development Agreements Subsequent to the effective date of this Agreement, the City may grant economic development agreements or create other tax or fee agreements for property within the Zone. Such agreements shall not reduce the City's participation level established pursuant to Section B.2.b. of this Agreement. The City will inform LSRD of public meetings and hearings relating to these agreements so that it may inform the City of any impact such an agreement may have on the operations of the Project. g. Project Management 1) The City Manager or his designee (the "City's Director") will act on behalf of the City regarding the City's responsibility under this Agreement with respect to the development, maintenance and operations of projects within the Zone and shall coordinate with LSRD, receive and transmit information and instructions, and will have complete authority to interpret and define the City's policies and decisions with respect to the Parties' obligations and performance under this Agreement. The City's Director may designate a City Project Manager and may designate other representatives to transmit instructions and act on behalf of the City with respect to the Parties' obligations and performance under this Agreement. 2) The Executive Director of LSRD or his designee (the "LSRD's Director") will act on behalf of LSRD with respect to the development, maintenance and operations of projects within the Zone, and shall coordinate with the City, receive and transmit information and instructions, and will have complete authority to interpret and define LSRD's policies and decisions with respect to the Parties' obligations and performance under this Agreement. LSRD's Director will designate a LSRD Project Manager and may designate other representatives to transmit instructions and act on behalf of LSRD with respect to the Parties' obligations and performance under this Agreement. 3) If a disagreement between the City and LSRD arises regarding any requirement or provision of this Agreement, and the disagreement is not resolved by the City Project Manager and the LSRD Project Manager, it shall be referred as soon as possible to the City's Director and LSRD's Director for resolution. If the Directors do not resolve the issue, it shall be referred as soon as possible to the City's City Manager and LSRD's Director for resolution. h. City Actions regarding the Zone 1) After a Zone is established, the City will endeavor to support station area planning and development implementation that may result in multi- use/transit oriented development (TOD) or other rail supportive growth within each Zone. City staff will inform the Planning and Zoning Commission and the City Council of the conformance of their pending decisions on land use/zoning within the Zone with multi use/TOD or other passenger rail supportive uses within the Zone. 2) If appropriate, the City will support and work with LSRD, as necessary, for the establishment and use of other funding mechanisms (such as public 9 improvement districts or municipal management districts) that allow private property owners within the Zone to participate in funding the establishment and ongoing provision of rail service in the Zone. i. Membership The City shall establish and maintain its membership with LSRD in good standing including paying any applicable LSRD membership fee. Membership in LSRD will entitle the City to have representation on the LSRD Board of Directors in conformance with Chapter 173. Annual membership fee levels are established by the LSRD Board and are currently $49,500.00 annually. 3. Reporting Requirements of Each Party a. LSRD Reporting Requirements i. LSRD shall provide the City access to its budget calendar, proposed annual budget (operating and capital), and give written notice of adoption of Rail District budgets (operating and capital). LSRD shall provide access to both proposed and approved budgets. ii. Once the Measure for Determining Project Viability has been met, LSRD shall prepare an annual report to be provided to all Parties no later than 180 days following the District's year-end (September 30). Such report shall include, at a minimum, the audited financial statements for LSRD, Report on Internal Controls, Single Audit Report, Report on any and all Transportation Infrastructure Zone Funds, Capital Program Status Report, and trend data covering operational statistics and service level metrics. iii. Every five years after the effective date of this Agreement, LSRD shall provide no later than 180 days following the District's year-end (September 30) a written, comprehensive 20 year financial forecast covering operations and capital programs accompanied by the underlying forecast assumptions. This forecast shall also include a comprehensive description of rail service levels, anticipated changes in service levels, and the timing of such changes. b. City Reporting Requirements The City shall provide LSRD with annual reports on the City's Rail Tax Increment Financing Fund including, but not limited to, annual tax increment revenue, interest earnings, assessed valuation for properties in the Zone, accumulated balances in the Tax Increment Fund, Tax Increment Payments and reimbursements for City Projects. c. Right to Audit LSRD agrees that representatives of the City Auditor, or other authorized representatives of the City, shall have access to, and the right to audit, examine, or reproduce, any and all records of LSRD related to the 10 performance under this Agreement. LSRD shall retain all such records for a period of three years after final payment on this Agreement or until all audit and litigation matters that the City has brought to the attention of LSRD are resolved, whichever is longer. LSRD agrees to refund to the City, in accordance with a schedule reasonably agreed to by the Parties, any overpayments by the City to LSRD disclosed by any such audit. LSRD will pursue reimbursement of overpayments by LSRD to subcontractors discovered by a City audit in a timely manner consistent with passenger rail industry practices. LSRD shall include the preceding language in all subcontractor agreements entered into in connection with this Agreement. The City agrees that authorized representatives of LSRD shall have access to, and the right to audit, examine or reproduce any and all records of the Tax Increment Fund related to the performance under this Agreement. The City shall retain all such records for a period of three years after final payment on this Agreement or until all audit and ligation matters that the LSRD has brought to the attention of the City are resolved, whichever is longer. The City agrees to pay to LSRD any underpayments disclosed by any such audit. In the event, there is an additional calculation or redetermination of payments by the City or LSRD, the Party providing payments shall have no obligation to make any additional payment if the redetermination or recalculation occurs more than eighteen (18) months after the date of a payment. 4. Management of the Project and Operations The Rail District is the only Party with any responsibility for managing or administering the Project or determining the schedule and operations of transportation improvements. The City understands that the service currently contemplated for the City may include "skip -stop" or "split -stop" service as defined in Exhibit `B" — Project Plan. The City may inspect Project sites and review Project plans and drawings at times and intervals, and comment on the Project. The City shall manage the Zone prior to LSRD successfully meeting the timeline provision in Section B. La, Project Timeline, above. After LSRD has met the timeline provision of Section B.1.a, Project Timeline, the Rail District shall manage the Zone. Once LSRD initiates regularly scheduled rail service to a permanent station facility within the City, LSRD will make every reasonable business effort to continue at least the initial level of transportation service at the station except in response to an event of Force Majeure or the relocation of service to a replacement permanent station facility or if the LSRD determines the continuation of service may pose a risk to the health, safety or welfare of the public, LSRD's transportation services users or LSRD employees. Notwithstanding any other provision of this Agreement, LSRD shall not be obligated to provide service to the City if the City's funding under this Agreement is discontinued or terminated for any reason. C. TRANSPORTATION INFRASTRUCTURE ZONE 11 1. Property Included Within the Zone. All property designated on the maps or in the list of properties attached as Exhibit "C" shall be included within the Zone. a. Property under common ownership, identified as Undivided Property on Exhibit "C" shall be included within the Zone. Such property shall be included in the Tax Increment on a prorated basis for the acreages designated for the property on Exhibit "C" or for the subdivided portions of the property at least 50% within one-half (1/2) mile radius of the corresponding station property or 50% within one -quarter (1/4) mile radius for the corresponding Station property. b. Property designated as tax exempt shall be included in the Zone but shall not be a part of the Tax Increment until the beginning of the year during which it is no longer designated as tax exempt. 2. Station Locations. Final Station location decisions are subject to compliance with National Environmental Policy Act (NEPA) requirements. In the event a final determination is made under NEPA to adjust, extend or alter the station location in relation to a Zone designated on the maps as Exhibit "C", the Parties agree that they shall amend the description of the Zone and the maps and listing of properties in Exhibit "C" to reflect property influence by the station location and LSRD rail service, including at a minimum properties within the one-half (1/2) mile radius of the corresponding station platform, subject to the terms and conditions of this Agreement. LSRD shall be obligated to notify the City as soon as feasible if and when a NEPA determination is made to adjust, extend or alter a station location. Other than agreeing to amend the description of the Zone, the City shall not be responsible or liable for any costs or work associated with adjusting a station location as directed pursuant to NEPA. D. PERIODIC REVIEW OF AGREEMENT 1. The proposed rail system is currently in the planning phase. Beginning with five years following the Effective Date of this Agreement, and every five years thereafter, the City and LSRD shall re-evaluate the provisions of this Agreement to determine if any revisions are needed to address changes in operations, capital programs, service levels, or other factors that were not anticipated during the planning phase or prior five-year period. As a result, amendments to the Agreement may be needed. 2. Equity of Funding Effort. LSRD agrees that interlocal agreements for funding of the Project involving other cities and counties in Central Texas will contain funding agreements based on singular funding concepts or providing equivalent funding from other sources. As other Central Texas cities and counties sign interlocal agreements, the City will be provided copies of such interlocal agreements by LSRD and for a period of 60 calendar days after the agreements are provided, the City may object in writing that the funding efforts do not provide equity of effort between the corresponding local government entities. If the City's objections are not resolved within 60 calendar days after notice to LSRD, the City, until the objection is resolved, shall have the right to suspend payment of that portion of their Tax Increment Payment that the City deems to be unequal in 12 effort to the corresponding local government entities. E. GENERAL TERMS AND CONDITIONS 1. Termination Notice of any claims of material breach shall be given in writing to the other Parties, identifying the breach claimed with particularity, and stating the time permitted for cure, such time to be commercially and legally reasonable. Such a notice of claim of breach is sufficient to constitute termination of this Agreement. Without waiving any legal rights, the Parties agree to voluntary mediation of any disputes. 2. Force Majeure a. Each party to this Agreement agrees to excuse the failure of another party to perform its obligations under this Agreement to the extent that failure is caused by an event of Force Majeure. Force Majeure means acts and events not within the control of the party, and which the party could not use due diligence to avoid or prevent. Events of Force Majeure include acts of God, strikes, riots, sabotage, civil disturbances, epidemics, acts of domestic or foreign terrorism, lightning, earthquakes, fires, storms, floods and landslides. Force Majeure does not include economic or market conditions, which affect a party's cost, but not its ability to perform. b. The party invoking Force Majeure shall give timely and adequate notice to the other party, by facsimile transmission, or telephone confirmed promptly in writing, or electronic mail, of the event. The party shall use due diligence to remedy the effects of Force Majeure as soon as possible. If a party's performance is delayed by the event of Force Majeure, the Parties will mutually agree to extend the time for completion of obligations by a period of time necessary to overcome the effect of the Force Majeure event. 3. Severability If a term or provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement remains effective to the extent permitted by law. 4. Notices Any notices to be given under this Agreement shall be considered delivered (i) upon personal service upon the person designated in this Agreement for such notice; (ii) within three days of deposit if mailed by first-class United States mail, postage prepaid, registered or certified, and addressed to the person designated for receipt of notice; or (iii) one business day after being sent for overnight delivery by a reputable commercial courier having the ability to track shipping and delivery of the notices. In cases where there is an emergency or other need for immediate notice to be given, 13 written notice may be faxed to the person designated for service, provided a written copy of such notice is also delivered promptly to such designated person by one of the three means identified above. The Parties designate the following persons for receipt of notice: ToLSRD: Executive Director Lone Star Rail District P.O. Box 1618 San Marcos, Texas 78667 With copies to: William H. Bingham McGinnis Lochridge 600 Congress Avenue, Suite 2100 Austin, Texas 78701 Attorneys for LSRD To City of Georgetown: City Manager's Office City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Attention: City Manager With copies to: Law Department City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Attention: City Attorney The Parties may change the person designated for receipt of notice from time to time by giving notice in writing to the other Parties, identifying the new person designated for receipt of service and identifying his/her name, title, address for notice and phone number. 5. Complete Agreement This is the complete Agreement by and between the Parties on the subject matter of the Agreement. It supersedes any other agreement or understanding between the Parties, written or oral, and any other commitments, promises, undertakings, understandings, proposals or representations of the Parties to each other, written or oral, concerning the subject matter of this Agreement. 6. Amendment in Writing 14 This Agreement may be modified only in writing duly executed by each of the Parties. Neither any representation nor promise made after the execution of this Agreement, nor any modification or amendment of this Agreement, shall be binding on the Parties unless made in writing and duly executed by each of the Parties. 7. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same Agreement. SIGNATURE PAGE FOLLOWS 15 APPOVED AND AGREED UPON this 28th day of October, 2014 LONE STAR RAIL DISTRICT ("LSRD") BY: Sid Covington Chairman, Board of Directors CITY OF GEORGETOWN, TEXAS BY: Dale Ross, Mayor ATTEST: Jessica Brettle, City Secretary APPROVED AS TO FORM: Bridget Chapman, City Attorney 16 EXHIBIT A - APPROVAL 17 EXHIBIT B: PROJECT PLAN Lone Star Rail District Project Plan - LSTAR Passenger Rail Service Lone Star Rail District (LSRD) will develop and operate a passenger rail service, LSTAR, with proposed stations as shown in the map on Exhibit B-1 plus any added alternate or skip stop stations, running primarily in and/or adjacent to the current Union Pacific Railroad (UPRR) corridor between the Austin and San Antonio metropolitan regions. The development of this service will be accomplished through the construction and/or purchase of: • Track construction and/or improvements to bring initial maximum passenger train speed to 79 mph (with provisions to increase that speed incrementally to 110 mph), including but not necessarily limited to track geometry and/or condition improvements, train control system components, and grade crossing infrastructure to meet vehicular and pedestrian traffic safety requirements, • Curve remediation to minimize speed limits imposed by track curvature, • Additional track and related infrastructure (bridges, turnout, switch, and train control apparatus, communications apparatus, and so forth) as guided by LSRD's joint service planning effort with UPRR, the goal of which is to identify the improvements needed to support reliable, on -time regular passenger train service while maintaining UPRR's ability to serve its customers in the corridor, • Stations, including at a minimum platforms, canopies, lighting, seating, passenger information systems, ticket vending equipment (if necessary), and pedestrian bridges, • Operations and Maintenance Facilities, to include the following: o Maintenance shops and yards where LSTAR locomotives and passenger coaches will be stored, inspected, maintained, cleaned, and repaired o Operations Control Center where rail system control and communication operations will be centered o Maintenance of Way base to function as headquarters and storage for engineering/infrastructure maintenance functions o LSRD administrative headquarters to provide space for management and administrative functions of the LSRD and the rail system. • Layover facilities at one or other or both the ends of the line, or mid -line may be needed to provide minor inspection and maintenance of rail rolling stock stored at passenger terminals, and • Rail Rolling Stock, taking into account the conceptual initial service plan goal's peak equipment requirement plus a margin to account for "shopped" equipment (for inspection, maintenance, or repair). Current plans include a sufficient number of locomotives, bi-level passenger cars, and bi- level passenger/cab cars to run each of the conceptual service plans. In addition to passenger rail rolling stock, LSRD will also acquire in the same fashion specialized track maintenance vehicles, plus a sufficient fleet of highway vehicles to support operations supervision, maintenance, and transit security functions. Under current project development plans, one (1) station will serve the City of Georgetown. The projected station location is a planning location only at this time, and final station location will be determined through the National Environmental Policy Act (NEPA) process. The location of the Operations and Maintenance Facilities has not yet been finalized. The final location of these facilities is subject to the results of the NEPA process and LSTAR operational needs. Track and related infrastructure will be built on the proposed LSTAR route to Georgetown, including a grade -separated connection between the UPRR main line and the preserved MoKan Corridor; the final configuration of that infrastructure will be determined through the NEPA and final design processes. LSTAR rail rolling stock will serve the Georgetown rail station. Facilities, line improvements and rolling stock are also subject to available capital budget resources and contracting or 18 purchasing requirements. The LSTAR capital program and service levels will be commensurate respectively with the available capital and operations funding levels. The LSTAR service is planned to be built in stages - LSRD will not delay LSTAR passenger rail service initiation until the completion of the entire passenger rail project, but rather commission and operate a minimum logical service (to be analyzed during the NEPA process), while continuing to bring new segments online as they are completed. Project development may also include the phasing of improvements within a segment in order to allow the initiation of service in a timely fashion with available resources and allowing for ongoing or future development of subsequent phases within a segment toward full completion of planned improvements. It is provisionally believed by LSRD planners that the system will generally be built and put in operation from north to south, due to the likely capital investment cash flows, the higher projected ridership in the Central Texas region, and fewer construction challenges (based on conceptual engineering analyses). The schedule for initiation of project development and service provision is to be determined by the completion of the NEPA process and availability of capital funding. Capital cost estimates are preliminary, and are based on the conceptual service development plan (discussed below). Those costs are: Initial Service Base Service Full Service Entire Line $700 * $840 * $1,400 Georgetown Portion of Line $43 * $52 * $87 * All figures are in millions of dollars and are estimates of not to exceed amounts. It should be noted that the costs above are not additive, but cumulative totals — i.e. to go from Initial to Base Service, the incremental cost for the entire line is $140 million ($840 million - $700 million). Capital cost estimates will be further refined during the NEPA process. LSTAR service levels will be commensurate with the available funding from participating local jurisdictions (cities, counties, college districts, etc.). For planning purposes LSTAR has prepared its operations and maintenance (O&M) projections based on the following conceptual service level goals: Initial Service Goal — 60 minute headway on peak 120 minute headway off peak 12 total round trips per weekday Weekend and holiday service Base Service Goal — 30 minute headway on peak 60 minute headway off peak 20 total round trips per weekday Weekend and holiday service Full Service Goal — 15 minute headway on peak 60 minute headway off peak 28-32 total round trips per weekday (including express trips) Weekend and holiday service For estimating purposes here, operations and maintenance costs have been determined for each conceptual level of service target. The annual net O&M cost (after fares and miscellaneous revenue is accounted for) is planned to be split into thirds, with one third paid by the taxing jurisdictions in the smaller cities in the corridor, another third by the Austin/Travis County metropolitan region taxing jurisdictions, and the final third by the San Antonio/Bexar County metropolitan region taxing jurisdictions. The following table details the net O&M cost projections, based on service plan targets: Service Level Goal: Initial Service** Base Service** Full Service** Smaller Cities $ 9.32 mil $ 12.60 mil $ 20.14 mil Austin/Travis County Metro $ 9.32 mil $ 12.60 mil $ 20.14 mil San Antonio/Bexar County Metro 9.32 mil $ 12.60 mil $ 20.14 mil Total $ 27.96 mil $ 37.80 mil $ 60.42 mil 19 ** All numbers are current year/present value estimated amounts and are not escalated to year of expenditure. Further allocation of the smaller cities portion of target costs to each of the smaller cities is estimated by allotting 20% of the total smaller cities costs by the number of stations (full service and split service stations) within each city and allotting the remaining 80% of total smaller cities costs by estimated city ridership activity (departures and arrivals) for the planning horizon year of the LSTAR service (2035). The following percentages (rounded to the nearest half of a percent) are the result of the smaller cities allocation and would be applied to the total smaller cities portion of total O&M costs (1/3 of the estimated total O&M costs) to evaluate performance of the proposed funding mechanisms against service targets: 1) Georgetown 16%; 2) Round Rock 28.5%; 3) Buda 4.5%; 4) Kyle 13%; 5) San Marcos 15.5%; 6) New Braunfels 13%; and 7) Schertz 9.5%. The service levels are planning goals only. Should the actual funding support provided by the participating local jurisdictions be unable to support the planned levels of LSTAR service, the service levels actually provided will be reduced to a level commensurate with the provided local funding. All allocations are for cost estimating purposes only and may be updated over time. Actual allocations may be based upon the availability of funding from individual local government entities supporting the LSTAR service. 20 EXHIBIT B-1: PROJECT MAP PROPOSED STATION Da llas/Ft. Worth LOCATIONS LSTAR to 1 GEORGETOWN L15erty Hill a 2 DOWN70WNROUND ROCK G - _. 3 McNEIL JUNCTION Georgetown " 4 BRAKERLN/DOMA/N « ,' BRuttP 5 35THSTIMOPAC Ceda Ro ROG Taylor N 6 DOWN70WNAUST/N 7 SLAUGHTERLN 8 KYLEABUDA T" A VI S 9 SANMARCOS/TEXAS STATE UNIVERSI7Y '{� 1 M 10 NEW BRAUNFELS Austin 11 SCHERTZ/FM 3009 12 LOOP 1604 Wlp Spdrlgs 13 LOOP 410/AIRPORT 14 DOWNTOWN SANANTONIO/UTSA HA YS Be 15 PORTSANANTONIO AST 76 CITY SOUTH17AMU Wl 91 a. Smilhwl® )MAL W XA�WELL to El Paso tonic LEGEND - LSTAR Regional Passenger Rail to Laredo on f o Proposed Future Extensi,. � ^ ,�„� Q � d h Fl-ille Proposed Station Location ♦ Universities • Freight Rail Relocation Study Area LONE STAR RAIL DISTRICT 21 EXHIBIT C — TRANSPORTATION INFRASTRUCTURE OF ZONE ^�^ Lone Star Rail District Transportation Infrastructure Zone Georgetown Station JACIBB 22 Georgetown Station (Hays County Appraisal District Parcel Identification Number) HCAD Parcel Identification Number Total Property Area (Acres) Y. Mile Radius Area (Acres) Percent within % Radius Transportation Infrastructure Zone R038787 1.29 R038788 4.944 R038792 54.178 R038805 18.2 R038806 20.47 R038813 82.6 R038820 139.2881 R038823 1.41 R038824 20 R038840 152.848 R038862 9 R038881 9.69 R038884 94.49 R038886 87.954 R038898 1 R039324 23.195 R039338 5.13 R039339 0.69 R039342 11.3616 R039871 11.61 R039873 5.022 R051147 1.44 R051149 1.432 R315253 1 R331899 14.5 R333369 1.995 R333370 5.732 R333371 6.607 R333372 3.6673 R333379 5.8 R333380 0.5 R333382 4.288 R333390 12 R337830 19.236 R340599 10.65 R340601 4 R374498 0.5 23 R382189 37.761 R382192 11.948 R389446 0.62 R432644 15.97 R432645 12.732 R449722 1.7 R461845 51.068 R463668 9.96 R472301 6.07 R472302 3.93 R485214 20.4874 R485231 73.6872 R492868 1.47 R493644 17.14 R493978 4.3735 R493982 0.7391 R494631 9.135 R518942 10.002 R518943 9.478 R519352 1.379 R519356 107.187 R519357 6.708 R524117 21.471 R524818 14.766 R525847 12.772 R525848 7.258 R525849 9.072 Tax Exem R038840 152.848 R331899 14.500 R374498 0.500 R432644 15.970 R472301 6.070 R472302 3.930 R494631 9.135 Transportation Infrastructure Zone - Undivided Property 24 EXHIBIT D — CITY PROJECTS SE Inner Loop TIZ Roadway Preliminary Cost Estimate Local Project Purpose: The local transportation projects proposed to be wholly or partially financed using the City's portion of tax increment will serve to provide access to and within the project site. These roadway improvements included a new service roadway to access the station location from the SE Inner Loop/Maple Street corridor as well as from FM 1460. Existing roadways and intersections related to SE Inner Loop and Maple Street within and connecting the Transportation Infrastructure Zone will be improved with additional lane capacity and traffic control. Additional funding capacity may be used to study and provide structured parking options in the future. The general location and current cost estimates are provided below and on the attached page. Internal Roadway (Avery/GRR): The internal roadway from SE Inner Loop/Maple area, extending past the to the station location to FM 1460, will be constructed as a Mixed Use Street Type following development guidelines outlined in the Chapter 4.11 of the Unified Development Code and the regulating plan adopted for the Transit Oriented Development. The street and related stormwater drainage improvements are currently estimated to cost $2,665,000 in FY 2014/15 dollars. Maple/SE Inner Loop Intersection The current intersection of the SE Inner Loop and Maple Street is a non -signalized intersection that handles very little traffic volume from the Maple street intersection. As a transit station is built and vehicular and pedestrian traffic increase in the area, signal warrants may soon be met. The City would propose to improve the intersection by adding capacity for the auto and pedestrian related traffic and signalization to make the intersection function properly for both modes of transportation. The intersection and signalization improvements at the intersection are currently estimated to cost $6,200,000 in FY 2014/15 dollars. SE Inner Loop (Southwestern to IH-35): The SE Inner Loop corridor provides the primary access to the transit station from IH-35, FM 1460 and SH 29 East. This corridor is currently a two-lane roadway with limited capacity for expansion within existing right-of-way. As traffic volume increases to and from the Lone Star Rail station capacity improvements will be required along the corridor. The design, right-of-way acquisition, utility relocation and construction of the four -lane divided arterial, with adequate right-of-way for future capacity are currently estimated to cost $25,575,000 in FY 2014/15 dollars. Structured Parking: 25 As the Lone Star Rail service expands in the future and transit oriented development occurs in the area, structured parking may become necessary to provide adequate parking capacity for regional rail service. The cost to design and construct structured parking with up to 450 parking spaces and mixed use space is currently estimated to cost in a range of $9 million to $15 million dollars in FY 2014/15 dollars, depending on the type of structure and capacity required. 26 27 RESOLUTION NO. A Resolution of the City Council of the City of Georgetown, Texas, approving an Interlocal Agreement with the Lone Star Rail District to create a Transportation Infrastructure Zone to fund the future operation of passenger Rail service through a portion of revenue generated by the Transportation Infrastructure Zone, and authorizing the Mayor to execute same and City Secretary to attest. WHEREAS, Section 173.256 of the Texas Transportation Code authorizes local governments and intermunicipal rail districts to enter into interlocal agreements for the creation of a Transportation Infrastructure Zone for the purpose of funding operations and local improvements; and WHEREAS, the Lone Star Rail District is an intermunicipal rail district in Central Texas, planning commuter rail service from Georgetown to San Antonio; and WHEREAS, the City of Georgetown's 2030 Comprehensive Plan identifies an area generally located around the Intersection of SE Inner Loop and Maple Street as Specialty Mixed Use, intended for development of a Transit Oriented Development; and WHEREAS, since the completion of the 2006 Conceptual Engineering Design Report and Alternative Analysis Station Design Report, both by the Lone Star Rail District, this same area has been identified as a station for the Lone Star Rail District's proposed commuter rail line extending from Georgetown to San Antonio; and WHEREAS, the City of Georgetown desires to receive, review and participate in the Economic Impact Evaluation and station design evaluation that will occur with participation in the Lone Star Rail District; and WHEREAS, the City of Georgetown desires local improvements surrounding the Station location that could possibly be funded with additional revenue generated in the proposed Transportation Infrastructure Zone. 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. Resolution No. Lone Star Rail District Interlocal Agreement and TIZ Creation Date of Approval: SECTION 2. The attached Interlocal Agreement between the City of Georgetown and the Lone Star Rail District (the "Agreement") creating a Transportation Infrastructure Zone pursuant to Section 173.256 of the Texas Transportation Code is approved. SECTION 3. The attached File Report: Lone Star Rail District — LSTAR Station Area Impact in the City of Georgetown and its findings are accepted and approved. SECTION 4. The Mayor is hereby authorized to execute this resolution and Interlocal Agreement, and the City Secretary to attest thereto. SECTION 5. This resolution shall be effective immediately upon adoption. RESOLVED this day of October, 2014. ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: Bridget Chapman City Attorney Resolution No. Lone Star Rail District Interlocal Agreement and TIZ Creation Date of Approval: FILE REPORT From: Ed Polasek Date: Oct. 20, 2014 Topic: Lone Star Rail District - LSTAR Station Area Impact in the City of Georgetown Introduction This report is intended to provide to outline and document the anticipated land use or growth impacts induced from the introduction of LSTAR passenger rail service by the Lone Star Rail District (LSRD) in the southeast quadrant of the City of Georgetown ("City"). See attached Lone Star Rail District Project Plan - LSTAR Passenger Rail Service for a description of the proposed LSTAR service and its related capital investment and operating & maintenance (0&M) expenditure estimates. LSRD's Georgetown rail station will be on the historic MoKan right of way at or near the intersection of Southeast Inter Loop and Maple Street/Sam Houston Ave (see attached Lone Star Rail District Transportation Infrastructure Zone - Georgetown Station map). The station is approximately 1.7 miles from IH 35, 2.1 miles from the Williamson County Courthouse and 5 miles from the City's airport. Discussion The Regional Connection: Connecting Georgetown to the region with easy and adequate transportation options is important to the quality of life and economic well being of the City and its citizens. Regional mobility broadens the potential for individuals and business to consider locating in Georgetown while connecting with friends, family and business interests elsewhere within the region. Providing workforce connectivity in the Central Texas area is essential given the region's brand identification as an innovation and creative class employment center. Over time, regional competitiveness in business relocation decisions and general economic conditions have consistently been found to be tied to the economic success of regional core cities. The Central Texas region is no exception. In 2000 nearly 18% of all jobs in the Austin region were located in Downtown Austin (the fourth highest concentration percentage in the country) and in 2009 it was estimated that 30% of all jobs in the Austin region ,,, �an, were located in four Austin urban core zip Employment code areas. The location of the University of Texas, with its 51,000 students and newly planned medical school, and the Texas State Capital in the regions urban core will continue to assure for the foreseeable future that the region's job growth has a focus on access to Central Austin for business and entertainment related reasons. Traffic congestion issues affecting Central Texas have been well documented, including in the August 2013 Texas A&M Transportation Institute report on the Mobility Investment Priorities Project - Long -Term Central Texas IH 35 Improvement Scenarios. Excerpts from the report include the following: "The City of Austin is among the fastest -growing cities in the U.S., with surrounding counties keeping a similar pace. Travel times from downtown Austin to Round Rock, where many commuters live, range from 45 to 60 minutes during the average afternoon rush hour. And yet, there is no agreement on what should be done to solve the travel time problem. The long-range transportation plan for the Austin Metropolitan Area, the 2035 CAMPO Metropolitan Transportation Plan (2035 CAMPO), shows no large-scale construction improvement strategies for IH 35 through Central Texas. On -going IH 35 initiatives by the Texas Department of Transportation (TxDOT) and the City of Austin are focused upon short - and mid-term improvement strategies that address existing and near -term congestion with potential high -return strategies." (Executive Summary, page 1) "The most dramatic finding is that IH 35 congestion will be severe even if a substantial amount of roadway capacity (typically as lanes) is added." (Executive Summary, page 5) "Nonetheless, the over -arching and positive message of this examination is that Central Texas does have options to address IH 35 congestion —using a combined "everything including the kitchen sink" approach. Any substantial improvement must come from adding capacity together with operating the system efficiently, new development patterns, and travel behavior changes." (Executive Summary, page 6) The report also identified the importance of maximizing the multimodal options available to Central Texans to address the growth driven potential for three hour travel times between Round Rock and Downtown Austin by 2035 (similar travel times are anticipated between San Marcos and Downtown Austin). Austin is ranked in the fifteen fastest -growing congested urban areas in the country; it is estimated that on average between 100 and 130 people move to Central Texas every day. The CAMPO 2035 plan estimates the region will grow from a population of 1.72 million in 2010 to 3.25 million in 2035. LSRD's planned LSTAR passenger rail service has consistently been identified in regional transportation planning efforts, including in the recent Project Connect regional high capacity transit planning initiative, as an important multi -modal transportation link and component to addressing the growth in traffic congestion in the IH 35 corridor. The Georgetown Connection: The southeast quadrant of the City is a relatively undeveloped area of the City that is receiving economic development interest due in no small part to the possibility for LSTAR passenger rail service by the Lone Star Rail District. The City anticipates this interest will mature as the possibility and timing for the introduction of LSTAR service advances. The City is considering the creation of a Transportation Infrastructure Zone (TIZ) under Chapter 173 of the Texas Transportation Code to provide funding support to the LSTAR passenger rail service (see attached Lone Star Rail District Transportation Infrastructure Zone - Georgetown Station map). It is considered highly likely that currently indentified development interests will be induced toward accelerated redevelopment and new greenfield development in the area from the current agricultural, industrial and large lot rural uses to higher density urban uses due to the rail investment by LSRD and presence of the accompanying LSTAR passenger service. The attached Georgetown Station - Potential Land Use Impact map and accompanying Tax Increment Zone Parcel List provide an overview of anticipated land use changes considered as a result of the presence of LSTAR service. A portion of the area's potential for development as a 2 LSTAR related transit oriented development (TOD) was recognized by the City in 2008 as the Maple Street Transit Oriented Development District (see UDC, Section 4.11.30; page 8 attached) and its Provisional Regulating Plan (see UDC, Section 4.11.040, Mixed User District Zoning Amendments; page 22 attached). All of the parcels in the TIZ are estimated to be within the 1.9 mile radius of the LSRD station. The area identified for multi -use development in the TIZ is predominately within the half -mile radius of the station. These distances are important because pedestrian improvements within one-half mile and all bicycle improvements located within three miles of the Georgetown LSRD station are considered to have a de facto physical and functional relationship to the LSTAR passenger rail service under the Federal Transit Administration's (FTA) Final Policy Statement on the Eligibility of Pedestrian and Bicycle Improvements Under Federal Transit Law (Federal Register, Vol. 76, No. 161, August 19, 2011). These improvements are considered within the distances that people will travel by foot or by bicycle to use a transportation stop or station. According to the separate Department of Transportation (DOT) Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations, March 15, 2010, "walking and bicycling foster safer, more livable, family -friendly communities; promote physical activity and health; and reduce vehicle emissions and fuel use." Findings Summary The parcels included as participating in the TIZ have been identified by the City as those properties whose level and timing of redevelopment or new development will most likely be impacted or induced by the LSRD investment and LSTAR service. The establishment of an LSRD passenger rail station in the southeastern quadrant will raise the importance and potential of this area due to its direct link to the region's other growth and activity centers and provide the City of Georgetown with a congestion proof modal link to the Austin and San Antonio economic cores. The City anticipates the economic development induced on these parcels will in turn require a number of City infrastructure improvements within the TIZ to support the southwest quadrant area's growth and provide adequate access to the LSRD rail station. These improvements can also benefit from the support of the delineated TIZ. Lone Star Rail District Transportation Infrastructure Zone .... Georgetown Station - Potential Land Use Impacts JACOM SOULE M.17TM 6T E 11TH Won Z J,pK�L _y Y yak C, fi b A E 13TH 4T-� �i V r1 •.; 3 E 1STM SoT- 1 Y %Tl1 BT E'19TH ST v dA 1� f *Z ? E t f Q, ST ?, f+ , a� E17TK AS �� 1 E p�K W� i iT EI21ST-ST-) S \`yEr(oN • M vgyrs R w` 24THi���� z. s� - ,te'S°r''E �vN`€�ij44 8?� RM,1 MUM RU38886 - 382189 r - r0 932 388 p R525847 49 { R03987 S� 036624 r Land UseiGroWth - - Potential LSRD Station Mixed Use Commercial High Densit Residential Category Groupings i Williamson Legend -raniSFCnacor Ir"stricWre C&7 Prepc6eJAif@T.3bYe SMcr' ® hanap)MMOM IqtaSlrjCWre Zone - -ax Exe rpl ProF4n alssso VK.AD Property C N Travis 1'0110.511pr ACr.I � GI'YICr'!M-CSI SCirCYlS 5 Tax Increment Zone Parcel List Land Use Map Area PIN Acreage Property # A R038792 54.178 R-20-0021-0000-0007 A R038886 87.954 R-20-0021-0000-0086 A R333382 4.288 R-20-0180-0000-0069 B R382189 37.761 R-20-0021-0000-0086B B R382192 11.948 R-20-0180-0000-0069B B R461845 51.068 R-20-0021-0000-0066A C R038820 139.2881 R-20-0021-0000-0031 C R519352 1.379 R-20-0021-0000-0031D-B D R039324 23.195 R-20-0180-0000-0032 D R518942 10.002 D R518943 9.478 E R524117 21.471 F R038805 18.2 R-20-0021-0000-0018 F R333390 12 R-20-0021-0000-0018E F R340599 10.65 R-20-6075-0000-0001 F R340601 4 R-20-6075-0000-0002 F R432645 12.732 F R519356 107.187 G R038806 20.47 R-20-0021-0000-0018A G R337830 19.236 R-20-9915-5000-0001A G R389446 0.62 R-20-9915-5000-0002A G R519357 6.708 H R039338 5.13 R-20-0180-0000-0045 H R039339 0.69 R-20-0180-0000-0045A H R039342 11.3616 R-20-0180-0000-0047 H R485214 20.4874 H R493644 17.14 R-20-0180-0000-0045C H R493978 4.3735 H R493982 0.7391 R-20-0180-0000-0047E H R525847 12.772 H R525848 7.258 1 R038787 1.29 R-20-0021-0000-0003 I R038788 4.944 R-20-0021-0000-0003A I R038823 1.41 R-20-9931-0007-0001 I R038824 20 R-20-0021-0000-0034A R038840 152.848 R-20-0021-0000-0046 I R038862 9 R-20-0021-0000-0066 R038881 9.69 R-20-0021-0000-0082 I R038898 1 R-20-0021-OOOH-0066 R039871 11.61 R-20-0295-0000-0028C I R039873 5.022 R-20-0295-0000-0028E R051147 1.44 R-20-9931-0007-0002 I R051149 1.432 R-20-9931-0007-0003 I R315253 1 R-20-0021-0000-0067A I R331899 14.5 R-20-0021-0000-0018D R333369 1.995 R-20-0180-0000-0063 I R333370 5.732 R-20-0295-0000-0031 I R333371 6.607 R-20-0295-0000-0032 I R333372 3.6673 R-20-0295-0000-0033 I R333379 5.8 R-20-0295-0000-0035 I R333380 0.5 R-20-0295-0000-0035A I R374498 0.5 R-20-0021-0000-0018DA I R432644 15.97 R-20-0021-0000-0046B I R449722 1.7 R-20-0295-0000-0035B I R463668 9.96 I R472301 6.07 R-20-0021-0000-0046C I R472302 3.93 R-20-0021-0000-0046BA I R485231 73.6872 R492868 1.47 R494631 9.135 R524818 14.766 R525849 9.072 J R038813 82.6 R-20-0021-0000-0026 J R038884 94.49 R-20-0021-0000-0084A Section 4.11.030 Organizing Framework A Boundaries his Code applies to the followtrrg Mixed Use Developrnert Cistricts: The Maple Street Transit Oriented Developmert District, air area centered generally on the mtersecbm of SE Irner Loop and Maple Street. and extend" approx mately one-half mile in all directions. A map shoving the TOD District is depicted in Figure 4.11.031. The Williams Drive Gateway District, air area located along the southbowd :-35 frontage road at the intersecton of Williams Drrve. Organizing Framework Section 4.11.030 NVxed Use D1.5ila Zoning Aflvn naem 2. The Mapie Street Transit Oriented Development Distract, with Provisional Rectum . PA-4 depicted in Figure 4.11042 Fig. 4,11.042 Regulating Plan " WS, \., 1�? TOD Regulating Plan M TC (L,,wm Center) M MU (Mixed US-) \` 0 UN (Urban Neighbo(ho-od) 0 GN (General Neighborhood) iM Open Space _ HC(Highway Corridor i ddM CNIC m=!� AStreet s" ..4p 8Street • . • • ■ C Street • •� • • • D Street ■ Tiansrtpied. Shed t!4 Mde ped. Shed Ate od USe DiSI'M i Zonwl ; 4/varxln,! ?nf S Section 4.11.040 9 Lone Star Rail District Project Plan - LSTAR Passenger Rail Service Lone Star Rail District (LSRD) will develop and operate a passenger rail service, LSTAR, with proposed stations as shown in the attached Project Map plus any added alternate or skip stop stations, running primarily in and/or adjacent to the current Union Pacific Railroad (UPRR) corridor between the Austin and San Antonio metropolitan regions. The development of this service will be accomplished through the construction and/or purchase of: • Track construction and/or improvements to bring initial maximum passenger train speed to 79 mph (with provisions to increase that speed incrementally to 110 mph), including but not necessarily limited to track geometry and/or condition improvements, train control system components, and grade crossing infrastructure to meet vehicular and pedestrian traffic safety requirements, • Curve remediation to minimize speed limits imposed by track curvature, • Additional track and related infrastructure (bridges, turnout, switch, and train control apparatus, communications apparatus, and so forth) as guided by LSRD's joint service planning effort with UPRR, the goal of which is to identify the improvements needed to support reliable, on -time regular passenger train service while maintaining UPRR's ability to serve its customers in the corridor, • Stations, including at a minimum platforms, canopies, lighting, seating, passenger information systems, ticket vending equipment (if necessary), and pedestrian bridges, • Operations and Maintenance Facilities, to include the following: o Maintenance shops and yards where LSTAR locomotives and passenger coaches will be stored, inspected, maintained, cleaned, and repaired o Operations Control Center where rail system control and communication operations will be centered o Maintenance of Way base to function as headquarters and storage for engineering/infrastructure maintenance functions o LSRD administrative headquarters to provide space for management and administrative functions of the LSRD and the rail system. Layover facilities at one or other or both the ends of the line, or mid -line may be needed to provide minor inspection and maintenance of rail rolling stock stored at passenger terminals, and Rail Rolling Stock, taking into account the conceptual initial service plan goal's peak equipment requirement plus a margin to account for "shopped" equipment (for inspection, maintenance, or repair). Current plans include a sufficient number of locomotives, bi-level passenger cars, and bi- level passenger/cab cars to run each of the conceptual service plans. In addition to passenger rail rolling stock, LSRD will also acquire in the same fashion specialized track maintenance vehicles, plus a sufficient fleet of highway vehicles to support operations supervision, maintenance, and transit security functions. Under current project development plans, one (1) station will serve the City of Georgetown. The projected station location is a planning location only at this time, and final station location will be determined through the National Environmental Policy Act (NEPA) process. The location of the Operations and Maintenance Facilities has not yet been finalized. The final location of these facilities is subject to the results of the NEPA process and LSTAR operational needs. Track and related infrastructure will be built on the proposed LSTAR route to Georgetown, including a grade -separated connection between the UPRR main line and the preserved MoKan Corridor; the final configuration of that infrastructure will be determined through the NEPA and final design processes. LSTAR rail rolling stock will serve the Georgetown rail station. Facilities, line improvements and rolling stock are also subject to available capital budget resources and contracting or purchasing requirements. 10 The LSTAR capital program and service levels will be commensurate respectively with the available capital and operations funding levels. The LSTAR service is planned to be built in stages - LSRD will not delay LSTAR passenger rail service initiation until the completion of the entire passenger rail project, but rather commission and operate a minimum logical service (to be analyzed during the NEPA process), while continuing to bring new segments online as they are completed. Project development may also include the phasing of improvements within a segment in order to allow the initiation of service in a timely fashion with available resources and allowing for ongoing or future development of subsequent phases within a segment toward full completion of planned improvements. It is provisionally believed by LSRD planners that the system will generally be built and put in operation from north to south, due to the likely capital investment cash flows, the higher projected ridership in the Central Texas region, and fewer construction challenges (based on conceptual engineering analyses). The schedule for initiation of project development and service provision is to be determined by the completion of the NEPA process and availability of capital funding. Capital cost estimates are preliminary, and are based on the conceptual service development plan (discussed below). Those costs are: Initial Service Base Service Full Service Entire Line $700 * $840 * $1,400 Georgetown Portion of Line $43 * $52 * $87 * All figures are in millions of dollars and are estimates of not to exceed amounts. It should be noted that the costs above are not additive, but cumulative totals — i.e. to go from Initial to Base Service, the incremental cost for the entire line is $140 million ($840 million - $700 million). Capital cost estimates will be further refined during the NEPA process. LSTAR service levels will be commensurate with the available funding from participating local jurisdictions (cities, counties, college districts, etc.). For planning purposes LSTAR has prepared its operations and maintenance (0&M) projections based on the following conceptual service level goals: Initial Service Goal — 60 minute headway on peak 120 minute headway off peak 12 total round trips per weekday Weekend and holiday service Base Service Goal — 30 minute headway on peak 60 minute headway off peak 20 total round trips per weekday Weekend and holiday service Full Service Goal — 15 minute headway on peak 60 minute headway off peak 28-32 total round trips per weekday (including express trips) Weekend and holiday service For estimating purposes here, operations and maintenance costs have been determined for each conceptual level of service target. The annual net O&M cost (after fares and miscellaneous revenue is accounted for) is planned to be split into thirds, with one third paid by the taxing jurisdictions in the smaller cities in the corridor, another third by the Austin/Travis County metropolitan region taxing 11 jurisdictions, and the final third by the San Antonio/Bexar County metropolitan region taxing jurisdictions. The following table details the net 0&M cost projections, based on service plan targets: Service Level Goal: Initial Service** Base Service** Full Service** Smaller Cities $ 9.32 mil $ 12.60 mil $ 20.14 mil Austin/Travis County Metro $ 9.32 mil $ 12.60 mil $ 20.14 mil San Antonio/Bexar County Metro 9.32 mil 12.60 mil 20.14 mil Total $ 27.96 mil $ 37.80 mil $ 60.42 mil ** All numbers are current year/present value estimated amounts and are not escalated to year of expenditure. Further allocation of the smaller cities portion of target costs to each of the smaller cities is estimated by allotting 20% of the total smaller cities costs by the number of stations (full service and split service stations) within each city and allotting the remaining 80% of total smaller cities costs by estimated city ridership activity (departures and arrivals) for the planning horizon year of the LSTAR service (2035). The following percentages (rounded to the nearest half of a percent) are the result of the smaller cities allocation and would be applied to the total smaller cities portion of total O&M costs (1/3 of the estimated total O&M costs) to evaluate performance of the proposed funding mechanisms against service targets: 1) Georgetown 16%; 2) Round Rock 28.5%; 3) Buda 4.5%; 4) Kyle 13%; 5) San Marcos 15.5%; 6) New Braunfels 13%; and 7) Schertz 9.5%. The service levels are planning goals only. Should the actual funding support provided by the participating local jurisdictions be unable to support the planned levels of LSTAR service, the service levels actually provided will be reduced to a level commensurate with the provided local funding. All allocations are for cost estimating purposes only and may be updated over time. Actual allocations may be based upon the availability of funding from individual local government entities supporting the LSTAR service. 12 PROJECT MAP PROPOSED STATIONIV LOCATIONS LSTAR to Dallas/Ft. Worth 1 GEORGETOWN 2 DOWNTOWN ROUND ROCK 3 MCNEIL JUNCTION 4 BRAKER LN/DOMAIN 5 35TH STIMOPAC 6 DOWNTOWNAUSTIN 7 SLAUGHTER LN 8 KYLE/BUDA 9 SAN MARCOS/TEXAS STATE UNIVERSITY 10 NEW BRAUNFELS 11 SCHERTZ/FM 3009 12 LOOP 1604 13 LOOP 410/AIRPORT 14 DOWNTOWN SAN ANTONIO/UTSA 15 PORT SAN ANTONIO 16 CITY SOUTH/TAMU 35 Liberty Hill _ 0 Georgetown Leander 13o Round Hutto O Taylor Cedar Park Rock Pflugerville 36 Manor Elgin Austin Dripping `) T o Springs X „c° �H �} Bastrop Buda Wimberley Kyle Smithville San Marcos Lockhart L to El Paso New Braunfels e3ores Seguin 35 Universal City (huveisiry of 1exn.. ar Snrr Anrorric 'San Antonio -.sAbM tlniv 36 nl Sari Amm�rc to Laredo WILS N Floresville Luling to Houston LEGEND LSTAR Regional Passenger Rail 1 Proposed Future Extension • Proposed Station Location - Universities Freight Rail Relocation Study Area LONE STAR RAIL DISTRICT 13 City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible action to approve a Resolution authorizing the financing by the New Hope Cultural Education Facilities Finance Corporation for Wesleyan Home, Inc. located within the City of Georgetown -- Micki Rundell, Chief Financial Officer ITEM SUMMARY: This item allows the Wesleyan Home to get tax exempt financing from the Town of New Hope, TX. The following is from Carol Polumbo, the City's Bond Counsel: New Hope Cultural Educations Facilities Finance Corporation (the "Issuer") proposes, on behalf of the Town of New Hope, Texas, to issue its obligations in the form of Bonds or Notes (the "Obligations") pursuant to the Cultural Education Facilities Finance Corporation Act, 1528m, V.A.T.C.S. (the "Act") to provide funds to finance and refinance certain health care facilities for Wesleyan and Estrella located in Georgetown. The Borrower has requested the Issuer to finance the Project, which is located within the jurisdiction of the City of Georgetown, Texas. This consent is required solely for the purposes of the Internal Revenue Code of 1986, as amended, which required the City of Georgetown, approve this resolution prior to issuing the above mentioned tax exempt debt. Wesleyan Home is a 501(c)(3) corporation and by utilizing the debt capacity of the Town of New Hope, Wesleyan can issue much more cost effective tax exempt bonds. This is the same process Wesleyan used in 2009, when the City approved a similar resolution allowing Wesleyan to issue bonds through the City of Hubbard, TX. FINANCIAL IMPACT: There is NO FINANCIAL IMPACT to the City. SUBMITTED BY: Becky Huff ATTACHMENTS: Proposed Resolution Letter from MPH Public Hearing Minutes Certificate of City Secretary RESOLUTION APPROVING THE FINANCING BY THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION OF HEALTH FACILITIES LOCATED WITHIN THE CITY OF GEORGETOWN, TEXAS FOR WESLEYAN HOMES, INC. WHEREAS, the Cultural Education Facilities Finance Corporation Act, 1528m, V.A.T.C.S., (the b*ri ni vi elected official of the governmental unit having jurisdiction over the area in which the facilities will be located after the holding of a public hearing relating to the bonds and the facilities; and WHEREAS, Wesleyan Homes, Inc. ("Wesleyan"), a Texas nonprofit corporation, proposes to obtain financing and refinancing from the Issuer from the proceeds of one or more of the Issuer's bond& in a maximum principal amount of $65,000,000 for the costs of certain health facilities at Wesleyan at Estrella at 139 Estrella Crossing, Georgetown, Texas (the "Project"). The Project will consist of refinancing the cost of 124 existing indeiogendent 40 assisted living units. 20 memoups care units and related commin areas; financing the cost of approximately 118 new independent living units, 22 assisted living units and 4 independent living duplex cottages; and financing certain other capital expenditures at the Project; and WI-IEREAS, the Project will be located within the City of Georgetown, Texas (the "City") and outside the limits of the Issuing Unit; No! 111 1 � 11 111 1111111i 5 �i 1 Section 2. This Resolution shall take effect immediately from and after its adoption and it is accordingly so ordered. PASSED AND APPROVED, this the day of 2014. 1= LAW OFFICES 600 CONGRESS AVENUE SUITE 1800 AUSTIN, TEXAS 78701-3248 TELEPHONE: 512 478-3805 FAcsimILE: 512 472-0871 Members of the City Council City of Georgetown 113 E. 8th Street Georgetown, Texas 78626 717 NORTH HARWOOD SUITE 900 DALLAS, TEXAS 75201- 65 87 TELEPHONE: 214 754-9200 FACSIMILE: 214 754-9250 October 8, 2014 700 N. ST. MARY'S STREET SUITE 1525 SAN ANTONIO, TEXAS 78205-3503 TELEPHONE: 210 225 - 2800 FACSIMILE: 210 225-2984 Re: Consent to financing by New Hope Cultural Education Facilities Finance Corporation for Wesleyan Homes, Inc. and its affiliates New Hope Cultural Education Facilities Finance Corporation (the "Issuer") proposes, on behalf of the Town ofNew Hope, Texas, to issue its bonds (the "Bonds") pursuant to the Cultural Education Facilities Finance Corporation Act, 1528m, V.A.T.C.S. (the "Act") to provide funds to finance and refinance certain health care facilities for Wesleyan Homes, Inc. ("Wesleyan"). Wesleyan owns and operates a retirement communit,x,/ known as Wesle,�an at Estrella located on 40 acres at 1 '39 Estrella CrossinGi, Georget_own Texas (the "Community"). The Community currently consists of approximately 124 independent living units, 40 assisted living units, 20 memory care units and related common areas. The Project consists of (a) the refinancing of certain tax-exempt notes, the proceeds of which were used to pay a portion of the cost of acquiring, constructing and equipping the Community, (b) the financing of a portion of the cost of constructing and equipping facilities to add 118 independent living units, 22 assisted living units, 4 independent living duplex cottages, and common areas to the Community and (c) financing certain other capital expenditures at the Community. The facilities will be owned and operated by Wesleyan. Wesleyan 4,rN?,r*f #444i �4j *��Astax tfa #,f 1,986. Our firm is acting as bond counsel to the Issuer in connection with the issuance of the Bonds. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires that the approval of the City of Georgetown (or the highest elected official of the City of Georgetown) be obtained prior to the financing by the Issuer after the holding of a public hearing. A public hearing was held on October 6, 2014 and a copy of the minutes of the public hearing is enclosed. This approval is substantially similar to the approval given by the City of Georgetown on September 9, 2009 for a tax-exempt refinancing of the Community. For your convenience, I have enclosed a form of a resolution with the description of the Project included. This approval is required solely for the purposes of satisfying the Code and to enable the Issuer to proceed with the proposed financing of the Project with Bond proceeds. This approval in no way imposes any payment or other obligations on the City of Georgetown in connection with the financing. The City of Georgetown will have no liability with respect to the proposed Bonds. Therefore, on behalf of the Issuer and Wesleyan we respectfully request that consideration of adoption of the enclosed consent resolution be placed on the agenda of the City Council of Georgetown, Texas at its next available meeting, and that the City Council approve and adopt such resolution. Upon such approval, I would also very much appreciate it if you would return three completed, originally executed and sealed certified resolutions to me in the self-addressed, stamped envelope enclosed for your convenience. Please retain one copy for your file. Please do not hesitate to contact me at (214) 754-9233 should you have any questions or comments. Thank you very much for your cooperation and assistance. • Ile: Mr. Chris Spence Ms. Carol Polumb*, Sincerely yours, McCall, Parkhurst & Horton L.L.P. wmzyd��- �11 N MINUTES OF PUBLIC HEARING New Hope Cultural Education Facilities Finance Corporation Re: New Hope Cultural Education Facilities Finance Corporation Retirement Facility Revenue Bonds (Wesleyan Homes, Inc. Project) The undersigned, John Kluberg, designated Hearing Officer of New Hope Cultural Education Facilities Finance Corporation (the "Issuer"), the issuer of the above referenced Bonds (the 'Bonds"), called the Public Hearing of the Issuer on October 6, 2014 to order. I declared that a Public Hearing, required under Section 147(f) of the Internal Revenue Code of 1986 was open for purposes of discussing the Bonds and the project to be financed, refinanced or constructed with the proceeds of the Bonds (the "Project") by Wesleyan Homes, Inc. I declared that the required notice of the Public Hearing for the Project was published in THE WILLIAMSON COUNTY SUN, being a newspaper of general circulation in the City of Georgetown, as evidenced by Affidavits of Publications attached hereto as Exhibit A. I proceeded to hold the Public Hearing. Comments and discussions with respect to the Bonds and the Project are summarized in Exhibit B, attached hereto. After sufficient time was given for all present to make their comments with respect to the Bonds and the Project, I declared the Public Hearing closed. Dated: October 6, 2014 `�� U�— :f7777:� J66 Kluberg, Hearing Officer New Hope Cultural Education Facilities Finance Corporation EXHIBIT A AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of THE WILLIAMSON COUNTY SUN. (1) which is a newspaper of general circulation in Georgetown, Texas; and (2) said newspaper is a "newspaper" as described in Sections 2051.044 and 2051.048 of the Texas Government Code; and that a true and correct copy of the NOTICE OF PUBLIC HEARING REGARDING THE ISSU NCE OF NOTE, a clipping of which is attached to this affidavit, was published in said Newspaper on t2 e tv- d' , 2014. `!�a� �PAR- Authorized Officer or Employee ORN TO BEFORE ME on the 23 day of M , 2014. ot►�sP�,• LORRAINE McKAY :. Notary Public, State of Texas My Commission Expires •�'� AUGUST 31, 2016 otary Public NOTARY SEAL EXHIBIT B No member of the public attended the Public Hearing, and thus no comments were made or discussion had about the Project or the Bonds. STATIIfEIIII OF TEXAS § CITY OF GEORGETOWN § instrument(s) of record referred to herein, which are available for inspection, and I do hereby certify that the copy of such written instrument(s) of record attached to this Certificate is a true and correct copy of the original as same appears in the records of this office. This written instrument(s) or record(s) referred to herein and attached to this Certificate as described as follows: Resolution No. , approved by City Council of City of Georgetown on ,2014. Georgetown, Texas, on this the day of 52014. City Secretary City of Georgetown, Texas EM City of Georgetown, Texas October 28, 2014 SUBJECT: Consideration and possible direction to staff to include an amendment to the Annual Budget to expedite hiring of one Planner on April 1, 2015 to a start date of January 1, 2015 -- Andrew Spurgin, Planning Director and Paul Brandenburg, City Manager ITEM SUMMARY: At the beginning of the 2015 calendar year, a budget amendment is anticipated to account for year-end allocations and other minor adjustments since the date of the budget adoption. This item is requested to be included in the forthcoming budget amendment. Due to increasing development activity, the Planning Department submitted a service level increase for one additional Planner for the current fiscal year. During the budget adoption process, the Planner was one of several positions in which the hire date was postponed to April 2015. Recent increases in development activity have resulted in challenges to workload and the level of customer service expected. Though development activity is now higher than it has been since before the recession, the number of full time employees (FTE) in the Planning Department has been reduced by 50% from a high of 12 FTEs to 8 FTEs currently. This includes the following positions: Planning Director Principal Planner (2 positions) Senior Planner Planner Planning Technician (2 positions) Administrative Assistant The Planning Technicians assist in application intake, meeting scheduling and Board and Commission administration, however it is really only the 4 planner positions that manage development cases. Fiscal Year Measurements: FY2009-10 2010-11 2011-12 2012-13 2013-14 Development Applications 158 284 290 313 370 # Planning FTE I 11 112 In l0 8 Calendar Year Measurements: 010 2011 2012 2013 Van -Sept 2014 Pre -Application 1222 271 272 303 265 Conferences Single Family 439 396 502 690 721 Residential Units Added (City imits) The complexity of development projects has also increased over the last 2 years. Recent projects such as the Summit at the Rivery, Wolf Ranch Hillwood, Woodhull MUD and development of the Somerset and Queen tracts are time intensive and to continue to the level of service desired, additional staff resources are necessary. The recently completed Planning Department Study and Business Plan, by Zucker Systems consultants, recommended adding one Current Planner. One of this study's observations was that while national studies indicate that the average planner has a caseload of about 35 cases, in Georgetown the four active planners are actively managing over 90 cases each based on a desktop audit. If current high levels of development activity are sustained, future adjustments to staffing levels may be necessary. This item is for City Council direction only, a future Council meeting would include an action item to amend the 2014/15 Annual Budget. FINANCIAL IMPACT: This position is currently included in the 2014/15 Annual Budget, with a start date of April 1, 2015. By expediting the start date to January 1, 2015, an additional expenditure of $20,938 will be incurred. This expense will be offset by increased revenue within the Planning area. Both increases will be included in the next 2014/15 Annual Budget amendment process, planned for January 2015. SUBMITTED BY: Andrew Spurgin, Planning Director ATTACHMENTS: Planner job description Study recommendation - except City of Georgetown GEORGETOWN JOB DESCRIPTION TEXAS Job Title: Planner FLSA Category: Exempt Pay Grade: 23 Effective Date: 10/01/2012 Revision Date: 08/19/2014 SUMMARY: Assists in planning tasks, such as researching and reviewing preliminary data, providing determination and interpretation to developers and citizens. Assignments may be made in either the Current or Long -Range Planning Sections. ESSENTIAL FUNCTIONS: Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Reviews, manages and processes current and / or long-range planning applications / studies in conformance with the 2030 Comprehensive Plan and other development codes / standards. • Interprets application of codes and ordinance to specific projects and responds to citizens' inquiries. • Conducts a detailed review of applications for compliance with all codes, past actions and approvals. • Coordinates communications with applicants and City and County departments for review, comment, and records management to ensure records are complete. • Prepares and composes a variety of correspondence, to include application responses, agendas for Planning & Zoning Commission, Board of Adjustment, and City Council meetings, Certificates of Occupancy, Development Agreements, etc. • Prepares reports and makes presentations to the Boards, Commissions and City Council. • Reviews case files, Site Plans, Plats, Ordinances, reports and Planning, Municipal and State codes of other municipalities and outside resources for reference research relating to code revisions. • Assists with special projects related to code revisions, manual updates, process review, or research, etc. • Conducts field work and site inspections. • Attends regularly scheduled evening Commission, Subcommittee and Board meetings and special call meetings. • Performs other duties as assigned. MINIMUM QUALIFICATIONS: Education, training and Experience Guidelines Bachelor's degree from an accredited college or university with major coursework in Urban Planning or closely related field. One year of full-time work experience in municipal planning. OR Any equivalent combination of experience and training that provides the required knowledge, skills and abilities. Knowledge of: • Advanced planning principles. • State laws regarding planning activities. • Government organization and administration • Principles, objectives and procedures of governmental planning, programming, and research. • Local codes and ordinances. • Texas Local Government Code Skill in: • Using computers and applicable software including Microsoft Office suite and ArcGIS. • Applying statistical tools to date. • Preparing reports. Page 1 of 2 • Collecting and analyzing demographics and statistics. • Evaluate planning material. • Conducting research. • Communicating effectively, both orally and in writing. • Negotiating effectively with developers, citizens, appointed officials, staff of various City Departments, and the public. • Establishing and maintaining effective relationships. • Training others. • Reading reports, plans, legal documents, and memos. • Writing reports, plans, newsletter articles, resolutions, and ordinances. • Performing mathematical measurements and calculations. • Interpreting of zoning ordinances and site plans. • Analyzing complex problems and developing positive courses of action. • Customer service. LICENSES AND CERTIFICATION REQUIREMENTS Valid Texas driver's license American Institute of Certified Planners (A.I.C.P.) certification preferred. PHYSICAL DEMANDS AND WORKING ENVIRONMENT Driving, standing, sitting, walking, lifting, carrying, pushing, pulling, reaching, handling, fine dexterity, kneeling, crouching, crawling, bending, twisting, climbing, balancing, vision, hearing, talking, use of foot controls. Occasional exposure to elements when performing fieldwork. Page 2 of 2 Review of Planning Department Georgetown, Texas BV Zucker Systems Paul Zucker, President Mary Blois, Planning Director II 3038 Udall St. San Diego, CA 92106 (619) 260-2680 www.zuckersystems.com yaul(a)zuckersystems.com July, ?014 Current Planning Currently, there are three full-time current planning positions, including one Principal Planner, a Senior Planner and a Planner. There are also two Planning Technicians that are responsible for In -take and other activities described above. In addition, the Long- range Principal Planner is currently spending the majority of his time (e.g., 80%) Georgetown, Texas 49 Zucker Systems attending development proposal meetings and managing special projects and current planning cases, such as annexations, plan amendments, special districts, development agreements plats, and rezonings. It was generally reported by staff that the Department is currently short staffed, due to the increase in development activity. Activity data provided by the Department indicates that planning application activity has increased significantly over the last few years. Beginning in 2011, activity levels rose by 152%, followed by 3% and 14% in the two years following. The Department's pre -application activity has also increased every year since 2011. In addition, staff also field hundreds of calls each month and assists numerous walk-in customers each week. In 2013/14, the Department made a request for 1.0 hTE entry level current planning position to assist with development review so that principal planners could focus on high priority gateway projects and long-range planning activities, including updating the 2030 plan, annexation policies and other projects. This request has not yet been approved. There are currently 88 active Planning applications) in the Department (e.g., under review and/or follow-up), which are being processed by 2 current planners, the Current Planning Principal Planner, the Long-range Principal Planner and the Historic Planner. Of these cases, the Historic Planner is managing one case; the Planner is managing 48 active cases; the Senior Planner is managing 21 (although four cases from the Planner are being shifted to the Senior Planner); the Principal Planner for Current Planning is managing 5 active cases, and the Long-range Principal Planner is managing 15 current planning cases. The Planning Director indicated that he spends about 80% of his time administering the current planning program, which entails providing UDC interpretations, reviewing correcting and updating staff reports, approving steps in the MyPermitNow system, taking calls from applicants, councilmembers and others regarding current planning projects, attending meetings with applicants and prospective applicants, MUD negotiations and meetings with the City Attorney regarding pending legal issues with current cases. The Principal Planner for Current Planning indicated that currently, about 30% of her time is spent managing current planning cases. However, at times, 60% of her time is spent managing cases. The remainder of her time is spent in meetings, managing special projects (e.g., UDC Amendments, rewriting regulations, such as multi -family and water conservation regulations, revising processes, updating forms and improvements to the MyPermitNow system) and supervisory duties (e.g., report and agenda review, performance evaluations, etc. The Long-range Principal Planner spends 80% of his time managing current planning cases, as noted above. Georgetown, Texas 50 Zucker Systems The Planner indicated that she spent about l S% of her time each month on other activities that do not involve current planning processing, including meetings, training, events, information requests, etc. The Senior Planner indicated that he spent approximately 38% of his time is activities that don't involve current planning processing. A recent national study showed that the average caseload per planner is 35. Labor data was not available for processing time frames for each type of application due to deficiencies in MyPermitNow, as such a detailed staffing analysis was not performed for the current planning function. However, using the data provided by staff, there are currently four FTE's available for current planning case processing in the Department. We are recommending that the Long-range Principal Planner be re -allocated full-time to long-range planning work, which reduces available FTE's to three. After considering actual time available for case processing for the three FTE's, the actual FTE's is likely significantly less than three FTE's. In addition, as noted earlier, the Department conducts about six pre -application meetings each week, which totaled 303 pre -application meetings in 2013. The activity data provided by the Department indicates that 348 current planning cases were processed in 2013, which equated to over almost 90 cases each for the 4 FTE's. This case load far exceeds the case load of the national average. Since we have recommended that the Long -Range Planner's time be dedicated to performing long- range planning activities, the caseload for the remaining FTE's, will rise significantly. Although some efficiency will be gained with improvements to the MyPermitNow system, additional staffing for current planning appear necessary at this time, so that the long-range planner's time can be reallocated to perform long-range planning work and current planners have more manageable case loads. 25. Recommendation: The Planning Director should add one FTE entry level current planner as previously requested by the Department. The Director should create a staffing model for current planning using the labor hours derived from the fee study and determine when and if additional staff are needed based on activity level increases. 26. Recommendation: The Director should create a staffing; model for Current Planning using application labor hours derived from the Department fee study once the study is undertaken. Georgetown, Texas 51 Zucker S'ystetns City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the General Government and Finance Advisory Board (GGAF): Review/Discuss recommendations for Employee Compensation Market Comparators -- Tadd Phillips, Director of Human Resources ITEM SUMMARY: Human Resources staff will engage in review and discussion of the City's employee compensation market comparators for the purpose of City Council endorsement of both market comparators and strategy. The presentation objectives and outline are listed below. Full details included in attached presentation and PDF. Presentation Objectives • Review Compensation Program • Achieve City Council feedback and buy -in on: — Compensation Market Comparators — Compensation Market Strategy • Answer any questions Presentation Outline • Compensation Overview • Compensation Definitions • Market Comparators — Overview — Current — Recommended — Application • Market Position • Next Steps Requested Action: City Council approve recommended market comparators. FINANCIAL IMPACT: None at this time SUBMITTED BY: ATTACHMENTS: Employee Compansation Market Comparators Presentation Maket Cities Employee Compensation Market Comparators City Council October 14, 2014 G EURGET&N TEXAS Presentation Objectives • Review Compensation Program • Achieve Council feedback and buy -in on: — Compensation Market Comparators — Compensation Market Strategy • Answer any questions C/10R7fiii& Presentation Outline • Compensation Overview • Compensation Definitions • Market Comparators — Overview — Current — Recommended — Application • Market Position • Next Steps C/10R7fiii& Compensation Overview • Municipal government service delivery occurs through workforce, our #1 asset • H R Major Department Goal: — Attract, retain, develop and reward a quality workforce of excellence • Goal achievement requires we: — Build compensation and benefits programs (Total Rewards) aligned with goal C/10RGETOWN TEXAS Total Rewards Total Rewards Strategy Compensation Benefits Work -Life Performance & Recognition Development & Career Opportunities ..... 7 C/ 10RGf6i&N TEXAS Attract Motivate Retain Satisfaction & Engagements Performance & Results Compensation Overview • A Compensation program that attracts, retains, develops and rewards a quality workforce considers: — Internal Conditions • Willingness and Ability to Pay — Budget, Tax Rate, Management & City Council philosophies • Internal Equity & Justice — Classification, Salary Administration, and Rewards such as merit or steps — External Conditions • Labor cost trends — Identified through salary surveys — Assures that pay structures are competitive in order to increase recruitment and retention C/10R7f6i5w Compensation Definitions • Public Safety Steps — Rewards service — Consistent with market competitors — Retention — Inflexible t t, CiEURGETOWN TEXAS Compensation Definitions • Merit Pay — Ties pay to performance — Individual pay range penetration — Retention — Methodology/delivery of reward can be confusing C/10RGETOWN TEXAS Compensation Definitions • COLA Intended to reflect cost of living increase, based on CPI Moves ranges Enhances recruitment Retains individual range penetration i 0 CiEURGETOWN TEXAS Market Comparators - Overview • External condition & labor costs trends identified through salary survey • Salary survey requires we define two things: 1. Benchmark positions to compare 2. Market Comparators C/10RGETOWN TEXAS Market Comparators - Questions • Who may we lose employees to? • Who may employees leave to come to Georgetown? • What employers do we believe are similar to the City of Georgetown? • What employers do we wish to emulate? C/10R7fiii& Market Comparators - Factors • Relevant factors: — Proximity — Size — Similarity in Services rendered — Ability to pay • Tax rate • Total taxable value — Similar characteristics such as: • Adjacent to metropolitan area • Growth community ..... 7 C/IORGETOWN TEXAS Market Comparators - Current Area Employers Cedar Park Killeen * New Braunfels Pflugerville Round Rock San Marcos Temple State of Texas Travis County * Williamson County Plus Austin -Area Private Sector Data from Published Survey Source(s) C/107fiii& Specific Utilitv / Electric Emplovers Austin Electric Denton Brazos River Authority Garland Bryan Greenville College Station New Braunfels Utilities CPS San Antonio San Marcos Additional Employers for Management Jobs Bedford Grapevine Cedar Hill Haltom City Conroe Coppell Desoto Euless Galveston Keller Rowlett Texas City Wylie Market Comparators - Recommended Proximity City of Austin City of Cedar Park City of Leander City of Pflugerville City of Round Rock Williamson County Similarity City of San Marcos City of New Braunfels City of Sugar Land City of Grapevine City of Denton Town of Flower Mound Industry specific disciplines such as Utilities, Fire, and Police would utilize good matches from this group + up to 5 additional similar organizations. C/IORGETOWN TEXAS 40. Ah �]aaIGY:lr:.lto ACCOUNTANT gnolicatfc Min Mid Max Austin $ 43,597 $ 55,930 $ 70,512 Williamson County $ 45,894 $ 56,223 $ 66,551 Cedar Park $ 41,202 $ 50,267 $ 59,332 Round Rock $ 44,844 $ 50,448 $ 56,052 Pflugerville Leander San Marcos New Braunfels $ 41,933 $ 52,416 $ 62,899 Sugarland $ 39,021 $ 44,866 $ 50,710 Grapevine $ 45,136 $ 54,153 $ 63,170 Denton $ 49,000 $ 60,001 $ 71 ,002 Flower Mound $ 50,773 $ 60,424 $ 70,074 AVERAGE 1 1$ 44,600 1 1$ 53,859 1 1$ 63,367 1 Georgetown $ 42,037 $ 49,462 $ 56,867 Midpoint v/tURGETOWN TEXAS Market Position • Philosophy to lead, meet, or lag the market when comparing pay structures — Flexibility still exists in non-public safety position to pay higher for most qualified incumbents; reward best performers through merit pay — Less a reflection of caliber of employee we wish to recruit/retain — The more competitive, the more pay becomes a non -factor • Fundamental lag built in • Most organizations choose to match market • Those with proportionally more/less revenue typically take lead or lag approach 7410 R:;3."O� V N TEXAS Market Position - Recommended • Philosophy to meet the market when comparing pay structures — Shows commitment to staying competitive while being fiscally prudent — Externally competitive pay is one element of Total Rewards — Focus on systems to develop employees and reward performance also key C/10RGETOWN TEXAS Planned Next Steps • Now - Your feedback • October thru December 2014 — Review market position • January 2015— Recommendations on Public Safety Pay structure and maintenance to management, GGAF, and Council for consideration April 1, 2015 • March 2015- Recommendations on non -Public Safety postion market -based adjustments to management, GGAF, and Council for consideration in conjunction with 2015/2016 Budget planning C/10RGETOWN TEXAS Public Safety Plan 1. Establish comparables through Council -October 2014 2. Review salaries with Public Safety comparables- Nov/Dec 3. Develop market -based recommendation-Jan/Feb 4. Implement 1 % change to steps-Jan/Feb 5. Recommend market based plan to Management and Council; adjust City Fiscal Policy -Feb 2015 6. Develop implementation time frame based on city's financial status -intent to request mid -year implementation (April 2015) VCi10RGETOWN TEXAS Non -Civil Service Plan 1. Review salaries from comparable cities- Nov/Dec 2. Develop market based recommendations- Jan/Feb 3. Recommend market -based plan to management during budget submittal with maintenance and adjustment of fiscal policy - March 2015 4. Implementation timeframe based on Financial status and budget approval -intent to request October 21 C/ 10RTEXASGEi&I Employee Compensation Market Comparators • Questions/Discussion CitURGET WWN TEXAS Recommended Market Comparators Similarity Proximity Williamson City Georgetown Austin Cedar Park Round Rock Pflugerville Leander San Marcos New Braunfels Sugarland Grapevine Denton Flower Mound County Proximity 27.7 miles 15.2 miles 9.5 miles 16.2 miles 12 miles 72.4 miles 90.1 miles 183 Miles 192 Miles 198 Miles 198 Miles 2014 Population 53,227 865,504 507,000 61,957 103,232 53,000 37,000 50,000 62,000 84,511 48,101 120,000 68,000 (estimates) 2010 Census 47,400 790,390 422,679 48,937 99,887 46936 26,521 44894 57740 78,817 46,334 113,383 64,669 Population Avg Annual Pop Growth 3.1% 2.4% 5.0% 6.7% 0.8% 3.2% 9.9% 2.8% 1.8% 1.8% 1.0% 1.5% 1.3% Form of Govt Council -Mgr Council -Mgr County Council -Mgr Council -Mgr Council -Mgr Council -Mgr Council -Mgr Council -Mgr Council -Mgr Council -Mgr Council -Mgr Council -Mgr FTE 573.75 13,000.00 1,542.00 412.75 850.25 300.50 215.50 590.00 538.00 694.00 646.00 1,491.00 559.00 Size [sq mi] 52.10 320.97 24.07 34.43 22.26 28.70 32.00 44.00 32.73 35.90 94.90 45.00 ETJ [sq. mil 306.19 9.34 34.00 18.50 33.80 Adopted budget (most recent) 231 Mil 3.5 Bil 230 Mil 109 Mil 144 Mil 153 Mil 172 Mil 168 Mil 324 Mil 185 Mil 907 Mil 116 Mil tax rate (proposed) 0.4340 0.4809 0.4930 0.4165 0.5610 0.6539 0.5302 0.4982 0.3180 0.3320 0.6890 0.4390 Total Taxable Value 5.3 Bil 88.5 Bil 5.1 Bil 9.6 Bil 3.2 Bil 2.5 Bil 3.3 Bil 4.9 Bil 10.3 Bil 6.2 Bil 7.7 Bil 7.4 Bil Utilities Airport Convention/Visitors Solid Waste Airport Airport CVB Unique Airport Solid Waste Services Solid Waste Services Solid Waste Airport Convention Solid Waste Historic Airport Departments Convention Services Services Health Cemetery HHS Tourism Convention/Visit WIC Solid Waste Services Preservation 4A/4B ors Services Water/WW Water/WW Water/WW Water/WW Utility Electric (Generation Water/WW Water/WW Water/WW Water/WW Electric Separate Entity Water/WW Water/WW Electric Water/WW Electric (Distribution) and Distribution) (Distribution) (Distribution) Health plan Self -Funded Self -Funded Self -Funded Fully Insured Self -Funded Fully Insured Fully Insured Self -Funded Self -Funded Self -Funded Self -Funded Self -Funded Fire Fire Fire Fire Fire Fire Civil Service No Fire No No No No No Police Police Police Police Police Police EMS Provided by Fire Based -EMS Yes No No No No No Wil Co No Yes Yes Yes Yes Yes Retirement System TMRS COAERS TCDRS TMRS TMRS TMRS TMRS TMRS TMRS TMRS TMRS TMRS TMRS City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Patin Construction Co. of Taylor, Texas, for construction of curb and gutter at various locations in the City, in the amount of $578,307.50 -- Edward G. Polasek, AICP, Transportation Services Director and Mark Miller, Transportation Services Manager. ITEM SUMMARY: The City received sealed bids from five bidders on Wednesday, September 3, 2014, for the Curb and Gutter portion of the 2013 Capital Improvement Program. This curb and gutter project consisted of two (2) parts in the base bids and four (4) add alternative bids. The proposed sections include "A" portions of Mesquite Lane (River Bend to Judy Drive) and along Dunman Drive (Mesquite Lane to River Bend and `B" portions of Parker Drive (Dunman Drive to Power Road). The work involves removing the old topping curb and replacing it with a full curb and gutter section. The add alternatives were bid for possible cost savings. The alternative bids resulted in no substantial savings. The base bids exceeded the remaining available 2013/14 funds so the remaining balance was rolled into the 2014/15 curb and gutter account. The item is now being presented for consideration in the 2014/15 budget year. The City has used Patin Construction Company numerous times in the past with satisfactory results and is currently using them on the Tin Barn Alley and 9th Street project. KPA has received positive references as well as reviewed the current workload and construction History. The engineer's recommendation is in favor of contract approval. GTAB BOARD RECOMMENDATION: This item was unanimously recommended by the GTAB Board for Council approval at the October 10, 2014, GTAB Board meeting. STAFF RECOMMENDATION: Staff concurs with KPA and recommends a contract be awarded for the Base Bid: Part A & B to Patin Construction Co. of Taylor, Texas in the amount of $578,307.50. FINANCIAL IMPACT: See attached CIP- Budgetary and Financial Analysis Worksheet SUBMITTED BY: Mark Miller Ok) ATTACHMENTS: Budget Enizineer Letter of Recommendation Bid Tah CIP- Budgetary and Financial Analysis Worksheet DATE: PROJECT NAME: 2014-15 Curb and Gutter #5AM Division/Department: Transportation Svcs / Drainage Director Approval Prepared By: Mark Miller Finance Approval La'Ke10-2-14 TOTAL ANNUAL BUDGET 1 578,797.00 (Current year only) Actual Cost Agenda Total Spent Encumbrance Item & Encumbered % Annual (A) before agenda item (B) (A + B) Budqet Consulting 0.00 0% Right of Way 0.00 0% Construction 578,307.50 578,307.50 100% Other Costs 0.00 0% Total Current Year Costs 0.00 578,307.50 GENERAL LEDGER ACCOUNT NUMBER Approved CY Budqet 660-9-0880-90-005 300,000.00 191,797.00 87,000.00 660-9-0880-90-005 Rolled from 13/14 660-9-0880-90-005 Rolled from 031 Total Budget 1 578,797.00 TOTAL PROJECT BUDGET 1 578,797.00 (includes all previous yrs) Prior Years Current Year Total Project % Total Sgent/Encumbered I Costs Costs Budqet Consulting 0.00 0.00 0% Right of Way 0.00 0.00 0% Construction 578,307.50 578,307.50 100% Other Costs 0.00 0.00 0% Total Project Costs 1 0.00 1 578,307.50 1 578,307.501 Comments: Roll Forwards will appear after YE budget amendements are approved at Council KASBERG, PATRICK & ASSOCIATES, LP IVACONSULTING ENGINEERS Texas Firm F-510 Temple RICK N. KASBERG, P.E. Georgetown One South Main Street R. DAVID PATRICK, P.E., CFM 1008 South Main Street Temple, Texas 76501 THOMAS D. VALLE, P.E. Georgetown, Texas 78626 (254) 773-3731 GINGER R. TOLBERT, P.E. (512) 819-9478 ALVIN R. "TRAE" SUTTON, III, P.E., CFM September 10, 2014 Mr. Mark Miller Transportation Services Manager City of Georgetown 300 Industrial Avenue Georgetown, Texas 78628 Re: City of Georgetown 2014 Curb & Gutter Replacement Project Georgetown, Texas Dear Mr. Miller, Bids were received by the City of Georgetown until 10:00 A.M. on Wednesday, September 3, 2014 for the above referenced project. There were five (5) competitive bids received. A detailed bid tabulation of this bid is attached for your use. The 2014 Curb & Gutter Replacement Project consisted of two (2) parts in the base bids and four (4) add alternate bids. Part A of the base bid consists of removing and replacing approximately 10,000 linear feet of curb and gutter along Mesquite Lane from River Bend Drive to Judy Drive and along Dunman Drive from Mesquite Lane to River Bend Drive. Part B of the base bid consists of removing and replacing approximately 2,100 linear feet of curb and gutter along Parker Drive from Dunman Drive to Power Road, Bob White Lane from River Bend Drive to Dunman, and Gabriel View Drive from Power Road to Ranch Road. The project will also include new base under the proposed curb and gutter, full depth HMAC repair and minor roadway repair at various locations along the project route. The Add Alternate Bids for this project consisted of installing flowable fill in lieu of the full depth HMAC Repair (Add Alternates A & B) and installing HMAC Type `B' (Black Base) in lieu of the proposed crushed limestone base to be placed under the new curb and gutter (Add Alternates C & D). Should funds be available, we would recommend awarding the base bid (Parts A & B) in the total amount of $578,307.50. We have reviewed the current workload, references and construction history of Patin Construction and their subcontractors. Patin Construction has successfully completed previous curb & gutter replacement projects for the City of Georgetown in the past and is currently constructing the Tin Barn Alley Project and the 9°i Street Rehabilitation Project for the City. As a result of our findings, we recommend that a contract be awarded for the Base Bid: Part A & B to Patin Construction in the amount of $578,307.50. If you have questions, please call. Sincerely, Alvin R. (Trae) Sutton III, P.E., CFM ARS/ xc: Mr. Wesley Wright, PE, City of Georgetown Mr. Ed G. Polasek, City of Georgetown Ms. Vickie Graff, City of Georgetown Mr. Jimmy Patin, Patin Construction Company 2014-104-30 � � §$� §777 �§k& �§(J ©2`f §2G k y ) 858888 888888888888888888888 ISM Iuwwul let 8H8H88HS8HH888888888, U E = °i 585!�5H8Qp8Q8QQ8Q 25 aJS i52S 2S 88dR°DnBR$m 818"8.'^.,n�8�$ H H H H H H 8QQ H g H H H H ggg ,°'i e - QHQ 66aX6g 5HQ�5HQ� QHQ QHQ gn'e°:• gHg i3$S��Y,o 5H5�� QH 7, ggH iJa QgQ 6eg'o gH giJ3g325� QH 5H5�� F 5 8$�j Q 8Q Q 8Q Q 8 8 8 8 va 9,• 8 Nao 8 8 ri ao 8 8 _ rrI' 8 8 m V1 8 8 V1�7i 8¢ 8 oSr 8 8 �QH�s 8 8 8 8 0 5 Q8Q U' < - 2525x x258 a i 8 - 8 8 8 8 8 8 8 8 8 8 8 8s 8 8�1 8 8 8Q 85�� 8Q�5 82 8 82 8 8 8 � $g�g$g 3q8 3�^252555�6A�='gw'a6Sx5825825� Q Q Q s Q 5 Q 5 5 Q ^? a °� 888888 88�8888888888 18 T4 H - H HQH HH�}}QHQ e e gSaSa25 5Hy�j 5H5�� �HQj SH5��$H5j� � Q�6EE6�75 QHQ QHQ QHB QHQH QHQ �25�M75 QHQ �S6A QHQ jHQ�$5H�� 5H5��5$5j� �7i3R25 SH5A�H eX, `9i'aid Ad rich - c � � -" R 88888888888888888888w 88888 ..... tax g +� I 88502HOH 888888888888888888888 c.. 8d25O 888,SS���'�'gS�g�8��88H$8 - N o ay - tV In 88�8888�888888888888 �30 888888 w"��J� 8gSi88$ Q8N =$$�3nr883$ 4 - w 9 w a � � O C F tl °� U r H O' ��i � g pu• � V •L j ."� e���. y aa� o�?� 8•� � v 8'3���� � �a�w�Ra o y � S'U- �a � UM GZo 6 8� uu "u •��q ��aa-' g 3 � s s Q B`€� Aim `,.3 gu C• O H> H88 g+mH Hma QQ 8m�gt71 QQ x8�`� mBnrNSB " H a � 4 F 88888888�8888H� G a U�cS�ou��m��r Via° g� � o 0 p a'yy�F�1�1ass,,Hy,y��'�yN,,uu3<<v-�� C C 3 tip 8.E � ei7 � City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve the contract for the Outside Plant Fiber Optic Infrastructure, Construction Bid 201452, to JPC Construction, Cedar Park, TX, in the amount not to exceed $300,000 -- Paul Elkins, Energy Services Manager and Wesley Wright, P.E., Systems Engineering Director ITEM SUMMARY: This bid was issued to replace an existing contract that expired for the installation and maintenance of the City's fiber optic system infrastructure. On September 23, 2014, proposals were opened and read for the Fiber Optic Line Extension and Maintenance Labor Agreement bid #201452. Only one bid was received from JPC Construction, Cedar Park, TX. JPC Construction provided these services for the previous five years. City staff has evaluated the proposal and based on the comparison of unit pricing from the expired contract, has found this bid to be eighteen percent (18%) less than the previous bid. This contract is for a term of one year from the effective date and shall be renewable for up to four terms, upon the mutual written consent of the parties. Work is performed on an as needed basis. STAFF RECOMMENDATION: Staff recommends approval of this contract. GUS BOARD RECOMMENDATION: This item was unanimously recommended by the GUS Board for Council approval at the October 10, 2014, GUS Board meeting. FINANCIAL IMPACT: Funds for this are available in the 2014-15 CIP Budget per attached Budget Form Account 610-9-0580-90-700 Communication Equipment $650,000.00 SUBMITTED BY: Paul Elkins, Energy Services Manager/Wesley Wright, P.E., Systems Engineering Director ATTACHMENTS: Fiber Bid Comparison Budget Form Item Description UOM 2008 2014 1 Place provided 6M aerial strand 2 Place provided duct -on -messenger 3 Place provided ADSS fiber cable 4 Place provided 6M down -guy to new or existing anchor 5 Place provided 8-inch expansion anchor, earth 6 Place provided 2-inch expansion anchor, rock 8 Place provided 3-bolt suspension clamp assembly, conc. or steel pole 9 Place provided fiber optic cable to aerial support strand 10 Trench and place provided multiple 4" UG conduits 11 Place provided multiple innerducts into provided conduit 12 Place provided fiber optic cable into provided conduit or innerducts 16 Fusion splice single -mode fiber optic strands with provided splices, creating splices with loss not to exceed .065db 17 Install provided 19"X 84" relay rack 18 Install provided Fiber Patch Panel with splice organizer 19 Ft. $0.45 $0.35 -22% Ft. $1.10 $1.05 -5% Ft. $1.15 $0.95 -17% Ea. $11.50 $9.50 -17% Ea. $75.00 $65.00 -13% Ea. $65.00 $45.00 -31% Ea. $40.00 $40.00 0% Ft. $0.63 $0.52 -17% Tr. Ft. $12.50 $10.00 -20% Ft. $2.50 $1.50 -40% Ft. $0.65 $0.55 -15% Ea. $27.60 $20.00 -28% Ea. $70.00 $50.00 -29% Ea. $80.00 $65.00 -19% Fusion splice SC, single mode pigtail at patch panels, creating splices with loss not to exceed .065db. Ea. $27.60 $20.00 -28% 20 Test single -mode fiber optic cabling on reel using an optical time domain reflectometer (OTDR) Ea. $2.40 $2.20 -8% 21 Perform bi-directional test on single -mode fiber optic cabling in place and spliced, using a light source and power meter. Tests are to be performed at 1310nm and 1550nm. Test results are to be furnished on CD Ea. $2.40 $2.20 -8% Average Change From Previous Bid-18.68% PROJECT NAME: Division/Department: Prepared By: CIP- Budgetary and Financial Analysis Worksheet PROJECT NO. DATE: Outside Plant Fiber Infrastructure 41Z 10/10/14 GUS T&D Services Paul Elkins Director Approval Finance Approval La'Ke10/20/14 TOTAL ANNUAL BUDGET 600,000.00 (Current year only) Actual Cost Agenda Total Spent Encumbrance Item & Encumbered % Annual (A) before agenda item (B) (A + B) Budget Consulting 0.00 0% Right of Way 0.00 0% Construction 300,000.00 300,000.00 50% Other Costs 0.00 0% Total Current Year Costs 0.00 300,000.00 300,000.00 Approved GENERAL LEDGER ACCOUNT NUMBER CY Budget 610-9-0580-90-700 Fiber Projects 650,000.00 Total Budget 650,000,00 TOTAL PROJECT BUDGET 650,000.00 (includes all previous yrs) Prior Years Current Year Total Project % Total Spent/Encumbered Costs Costs Budget Consulting 0.00 0.00 0.00 0% Right of Way 0.00 0.00 0% Construction 300,000.00 300,000.00 46% Other Costs 0.00 0.00 0% Total Project Costs 0.00 300,000.00 300,000.00 Comments: City of Georgetown, Texas October 28, 2014 SUBJECT: Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to authorize the City to enter into Standard Utility Agreements for the relocation of certain utilities which are in conflict with the proposed construction of FM 1460 Improvements Project from Quail Valley Drive to 0.5 mile north of University Boulevard as owned by Atmos Energy Corporation, Oncor Energy Delivery and Seminole Pipeline Company in the amount estimated to be $2,076,374.49, with 90% of that amount, $1,868,737.00, to be reimbursed by TxDOT for a net estimated cost to the City in the amount of $207,638.00 -- Bill Dryden, P.E., Transportation Engineer and Edward G. Polasek, AICP, Transportation Services Director ITEM SUMMARY: In November 2012, the City of Georgetown and the Texas Department of Transportation (TxDOT) entered into Advance Funding Agreements (AFA), as amended, for the final design, rights -of -way procurements, utility adjustments and improvements for FM 1460 between Quail Valley Drive to 0.5 mile north of University Boulevard. Pursuant to that AFA, the City engaged the firm of Brown & Gay Engineers, Inc., to develop the plans, specifications and estimate (PS&E) for the roadway improvements and to negotiate with the applicable utility owners for adjustments and/or relocation of their facilities which are in conflict with the proposed construction. The Engineer, working with the utility owners, has identified three utility owners as being eligible for reimbursement of adjustment and/or relocation costs and has determined the estimated costs for each company. The three owners listed below, each with its respective estimated eligible costs shown as follows: Relocation Costs based upon the proposed Agreements Utility Owner Agreement Costs State Portion City Costs Atmos Energy Corporation $ 206,337.00 $ 185,703.00 $ 20,634.00 Oncor Electric Delivery $ 424,037.49 $ 381,634.00 $ 42,404.00 Seminole Pipeline Company $ 1,446,000.00 $ 1,301,400.00 $ 144,600.00 $ 2,076,374.49 $ 1,868,737.00 $ 207,638.00 The AFAs provide for TxDOT to reimburse 90% of these eligible costs to the City upon completion of the work and final invoicing from the City. Final payment to each company will be determined by actual costs of the relocation efforts; reimbursements under the AFAs will follow accordingly. GTEC BOARD RECOMMENDATION: This item was unanimously recommended by the GTEC Board for Council approval at the October 15, 2014, GTEC Board meeting. STAFF RECOMMENDATION: Staff recommends approval of the Standard Utility Agreements Atmos Energy Corporation, in the amount of $206,337.00; Oncor Energy Delivery, in the amount of $424,037.49; and Seminole Pipeline Company in the amount of $1,446,000.00, for a total amount of $2,076,374.49, of which $1,868,737.00 will be reimbursed to the City by TxDOT, for a net cost to the City of $207,638.00. FINANCIAL IMPACT: See attached CIP Financial Analysis Worksheet Summary. SUBMITTED BY: Bill Dryden, P.E., Transportation Engineer ATTACHMENTS: CIP Financial Analysis Worksheet Summary Atmos - Agreement (less attachments) Oncor - Agreement (less attachments) Seminole - Agreement (less attachments) FM 1460 (Quail Valley - 1/z mi N of University Blvd) Utility Relocations - Summary October 7, 2014 Budget CSJ Description Total Cost (Eligible Costs) State Participation City Participation 2211-02-017 North Section $ 966,600.00 $ 869,940.00 $ 96,660.00 2211-02-026 South Section $ 548,000.00 $ 493,200.00 $ 54,800.00 $ 1,514,600.00 $ 1,363,140.00 $ 151,460.00 Relocation Costs based upon the proposed Agreements Agreement Utility Costs Extension Extension Owner (Eligible Costs) (State Costs) (City Costs) GL: 400-9-0980-90-014 $ 151,460.00 Atmos Energy Corporation $ 206,337.00 $ 185,703.00 $ 20,634.00 Oncor Electric Delivery $ 424,037.49 $ 381,634.00 $ 42,404.00 Seminole Pipeline Company $ 1,446,000.00 $ 1,301,400.00 $ 144,600.00 $ 2,076,374.49 $ 1,868,737.00 $ 207,638.00 Estimated City Costs: 1 $ 207,638.00 NOTES: 1. Funding for Utility Adjustments are identified in Amendment No. 1 to the AFA and as as shown above. 2. Funding for the Estimated City Costs are included in the FY 2014-2015 GTEC Budget. CSJ # 2211-02-017 & 2211-02-026 District # 14 - Austin Code Chart 64 # 16000 Project: FM 1460 From Quail Valley Drive to N of University Blvd. Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C-1 Costs will be allocated based on 80% Federal funding and varied State and Local funding until federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. CSJ: 2211-02-017 Description Total Estimated Federal Participation State Participation Local Participation % Cost % Cost % Cost Cost Environmental (By LG) $17,500 0% $0 0% $0 100% $17,500 Right of Way (By LG): Earmark- $4,005,900 80% $3,204,720 0% $0 20% $801,180 Other- $1,016,100 0% $0 90% $914,490 10% $101,610 Engineering (By LG) $1,100,000 0% $0 0% $0 100% $1,100,000 Construction (By State): $4,005,900 80% $3,204,720 10% $400,590 10% $400,590 Local funding $10,342,239 0% $0 0% $0 100% $10,342,239 Utilities (By LG) $966,600 0% $0 90% $869,940 10% $96,660 Subtotal $21,464,239 $6,409,440 $2,185,020 $12,859,779 State Costs for Review, inspection and Oversight of Work Performed Environmental $8,527 0% $0 100% $8,527 0% $0 Preliminary (20%) Engineering Direct State Right of Way (20%) $8,527 o 0 /o $0 ° 100 /o $8,527 o 0 /o $0 Costs Engineering (40%) $17,055 0% $0 100/o o $17,055 0 0/o $0 $42,637 0.6% Utility (20%) $8,527 0% $0 100% 1 $8,527 0% $0 Construction Direct State $717,407 0% $0 o 100 /o $717,407 0 0 /o $0 Costs (5.0% Subtotal $760,043 $0 $760,043 $0 Indirect State Costs (5.1%) $1,132,928 0% $0 100% $1,132,928 0% $0 Total $23,347,210 $6,409'"0 $4,077,901 $12,859,719 AFA—AFA Amend Page 3 of 4 Revised 04/08/11 CSJ # 2211-02-017 & 2211-02-026 District # 14 - Austin Code Chart 64 # 16000 Project: FM 1460 From Quail Valley Drive to N of University Blvd. Federal Highway Administration CFDA # 20.205 Not Research and Development CSJ: 2211-02-026 Total Federal State Local Description Estimated Participation Participation Participation % Cost % Cost % Cost Cost Environmental (By LG) $17,500 0% $0 0% $0 100% $17,500 Preliminary Engineering (By $1,000,000 0% $0 0% $0 ° 100% $1,000,000 LG Construction (By State): STP-MM $4,209,475 80% $3,367,580 20% $841,895 0% $0 Local funding $7,928,408 0% $0 0% $0 100% $7,928,408 Utilities (By LG) $548,000 0% $0 90% $493,200 10% $54,800 Subtotal $13,703,383 $3,367,580 $1,335,095 $9,000,708 Environmental $16,563 0% $0 100% $16,563 0% $0 Preliminary (20%) Engineering Direct State Right of Way (20%) $16,563 0% $0 100 o/o 16563 $, 0 0/° $0 Costs Engineering (40%) $33,124 0% $0 ° 100 /o $33,124 ° 0 /o $0 $82,813 0.6% Utility (20%) $16,563 0% $0 100% $16,563 0% $0 Construction Direct State $606,894 0% $0 100% $606 894 0% $0 Costs (5.0%) ' Subtotal $689,707 $0 $689,707 $0 Indirect State Costs (5.1%) $734,048 0% $0 100% 1 $734,048 0% $0 Total $15,127,138 $3,367,680 $2,758,860 $9,000,708 Total for 2211-02-017 & - $38,474,348 $9,777,020 $6,836,841 $21,860,487 026 Payment Schedule by Local Government to the State: $9,335,619 - Sixty (60) days prior to receipt of construction bids, and $4,667,809.50 - Six (6) months after date of receipt of bids $388,984.13 - Twelve (12) equal monthly payments based on low bid due by the 5th of each month beginning with the month after receipt of bids. Estimated total payment by the Local Government to the State $18,671,237 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA—AFA—Amend Page 4 of 4 Revised 04/08/11 ii rORGCxns70WN Te Form ROW-U-35 (Rev. 04/14) Page 1 STANDARD UTILITY AGREEMENT County: Williamson Highway: FM 1460 Project No.: TxDOT CSJ 2211-02-017 From: Quail Valley Drive Highway Project Letting Date: August 2014 To: North of University Boulevard This Agreement by and between the City of Georgetown, acting by and through its City Council, ("City"), and Enterprise Pipeline ("Utility"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the City. WHEREAS, the City has deemed it necessary to make certain highway improvements as designated by the City within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: replacing approximately 250' of 4" HP steel and 250' of 2" IP poly to accommodate proposed highway improvements; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the City will participate in the costs of the adjustment, removal, and/or relocation of certain facilities to the extent as may be eligible for City participation. WHEREAS, the City, upon receipt of evidence it deems sufficient, acknowledges Utility's interest in certain lands and/or facilities that entitle it to reimbursement for the adjustment, rernoval, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The City will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for City participation. All conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4231, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and with the Utility Accommodation provisions of 23 CFR 645, Subpart B. Utility shall also comply with the guidelines provided in the Texas Department of Transportation ("TxDOT") Implementation of Buy America Laws for Utility Accommodations, attached as Attachment "J". Utility shall supply, upon request by the City, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by City, or may, with the City's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to City not later than ninety (90) days after completion of the work. InitlaI Date Initial Date City Utility Form ROW-U-35 (Rev.04/14) Page 2 When requested, the City will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed eighty percent (80%) of the eligible cost as shown in each such billing. In addition, the City will make a payment, before audit, which will bring the total percentage paid to the Utility up to the ninety percent (90%) eligible cost. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. Upon execution of this agreement by both parties hereto, the City will, by written notice, authorize the Utility to perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. The completion date shall be extended for delays caused by events outside Utility's control, including an event of Force Majeure, which shall include a strike, war or act or war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the City or any other party with Utility's ability to proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events are beyond the control and without the fault or negligence of Utility. The City will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in an approved form and manner, make payment in the amount of ninety percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for City reimbursement, Unless an item below is stricken and initialed by the City and Utility, this agreement in its entirety consists of the following: 1. Standard Utility Agreement; 2. Plans, Specifications, and Estimated Costs (Attachment "A"); 3. Utility's Accounting Method (Attachment "B"); 4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C"); 5. Statement Covering Contract Work — ROW-U-48 (Attachment "D"); 6. Eligibility Ratio (Attachment "F"); 7. Betterment Calculation and Estimates (Attachment 'G"); 8. Proof of Property Interest — ROW-U-1A, ROW-U-1 B, or ROW-U-1 C (Attachment "H"); 9. Inclusion in Highway Construction Contract (if applicable) (Attachment "I"); 10. Utility Joint Use Acknowledgment — ROW-U-JUA (Attachment "E"); and 11- TxDOT Implementation of Buy America Laws for Utility Accommodations ("Attachment X). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the City and Utility. This agreement is subject to cancellation by the City at any tirne up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the City. However, the City will review and reirnburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State of Texas ("State") and/or City Auditor may conduct an audit or investigation of any entity receiving funds from the City directly under this contract or indirectly through a subcontract under this contract. Acceptance Of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State and/or City Auditor with access to any information the auditor considers relevant to the investigation or audit. Initial Date Date City Utility Form ROW-U•35 (Rev. 04/14) Page 3 The Utility by execution of this agreement does not waive any of the rights which Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that City makes no warranties or representations regarding the existence or location of Utilities currently within the right of way. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. UTILITY Utility: Atmos Energy Corporation Narne of Utility By:_ -.. Atith6rIzed Signalure Jeffrey S. Knights Print or Typo Name Title: Vice President — Technical Services Date: 911,114 Initial Date City 1 'initial Date Utility CITY OF GEORGETOWN By: Authorized Signature Print or Type Nano Title: Date: G EO RG El'ObY 7F.XAS Form ROW-U-35 (Rev. 04/14) Page 1 STANDARD UTILITY AGREEMENT County: Williamson U-Number:14347 Federal Project No.: STP 1402 060 Highway: FM 1460 TxDOT ROW CSJ: 2211-02-019 From: Quail Valley Drive Highway Project Letting Date: August 2014 To: North of University Boulevard This Agreement by and between the City of Georgetown, acting by and through its City Council, ("City"), and Oncor Electric Delivery, LLC ("Utility"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the City. WHEREAS, the City has deemed it necessary to make certain highway improvements as designated by the City within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: Beginning at Quail Valley Dr. and FM 1460, ending at Asbury Park Dr. and FM 1460. Install 61 poles, install 7,959 linear feet of distribution line, remove 51 poles, and remove 9,392 linear feet of distribution line between stations 620+00 and 800+00 as indicated on the set of permit plans; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the City will participate in the costs of the adjustment, removal, and/or relocation of certain facilities to the extent as may be eligible for City participation. WHEREAS, the City, upon receipt of evidence it deems sufficient, acknowledges Utility's interest in certain lands and/or facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The City will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for City participation. All conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4231, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and with the Utility Accommodation provisions of 23 CFR 645, Subpart B. Utility shall also comply with the guidelines provided in the Texas Department of Transportation ("TxDOT") Implementation of Buy America Laws for Utility Accommodations, attached as Attachment "J". Utility shall supply, upon request by the City, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by City, or may, with the City's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to City not later than ninety (90) days after completion of the work. Initial Date I al Date City Utility Form ROW-U-35 (Rev. 04/14) Page 2 When requested, the City will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed eighty percent (80%) of the eligible cost as shown in each such billing. In addition, the City will make a payment, before audit, which will bring the total percentage paid to the Utility up to the ninety percent (90%) eligible cost. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. Upon execution of this agreement by both parties hereto, the City will, by written notice, authorize the Utility to perform such work diligently,.and to conclude said adjustment, removal, or relocation by the stated completion date. The completion date shall be extended for delays caused by events outside Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the City or any other party with Utility's ability to proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events are beyond the control and without the fault or negligence of Utility. The City will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in an approved form and manner, make payment in the amount of ninety percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for City reimbursement. Unless an item below is stricken and initialed by the City and Utility, this agreement in its entirety consists of the following: 1. Standard Utility Agreement; 2. Plans, Specifications, and Estimated Costs (Attachment "A"); 3. Utility's Accounting Method (Attachment "B"); 4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C"); 5. Statement Covering Contract Work — ROW-U-48 (Attachment "D"); 6. Eligibility Ratio (Attachment "F"); 7. Betterment Calculation and Estimates (Attachment "G"); 8. Proof of Property Interest — ROW-U-1 A, ROW-U-1 B, or ROW-U-1 C (Attachment "H"); 9. Inclusion in Highway Construction Contract (if applicable) (Attachment "I"); 10. Utility Joint Use Acknowledgment — ROW-U-JUA (Attachment "E"); and 11. TxDOT Implementation of Buy America Laws for Utility Accommodations ("Attachment J" ). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the City and Utility. This agreement is subject to cancellation by the City at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the City. However, the City will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State of Texas ("State") and/or City Auditor may conduct an audit or investigation of any entity receiving funds from the City directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State and/or City Auditor with access to any information the auditor considers relevant to the investigation or audit. ��►o Initial Date �ia Date City Utility Form ROW-U-35 (Rev. 04/14) Page 3 The Utility by execution of this agreement does not waive any of the rights which Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that City makes no warranties or representations regarding the existence or location of utilities currently within the right of way. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. UTILITY Utility: Oncor Electric Delivery, LLC By: sant� Authorizeblk,gnature John Carol Soward Print or Type Name Title: Director of Distribution Enoineeri Date: Initial Date City /I:A 4In 'al D Utility CITY OF GEORGETOWN By: Authorized Signature Print or Type Name Title: Date: G EO RTEYASG ETO'I N Form ROW-U-35 (Rev. 04/14) Page 1 STANDARD UTILITY AGREEMENT U14349 County: Williamson Highway: FM 1460 Project No.: TxDOT CSJ 2211-02-019 From: Quail Valley Drive Highway Project Letting Date: August 2014 To: North of University Boulevard This Agreement by and between the City of Georgetown, acting by and through its City Council, ("City'), and Seminole Pipeline Company LLC ("Utility"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the City. WHEREAS, the City has deemed it necessary to make certain highway improvements as designated by the City within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: See Exhibit "A" for scope of work; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A°. WHEREAS, the City will participate in the costs of the adjustment, removal, and/or relocation of certain facilities to the extent as may be eligible for City participation. WHEREAS, the City, upon receipt of evidence it deems sufficient, acknowledges Utility's interest in certain lands and/or facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The City will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for City participation. All conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4231, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and with the Utility Accommodation provisions of 23 CFR 645, Subpart B. Utility shall also comply with the guidelines provided in the Texas Department of Transportation (' 007) Implementation of Buy America Laws for Utility Accommodations, attached as Attachment "J". Utility shall supply, upon request by the City, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by City, or may, with the City's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to City not later than ninety (90) days after completion of the work. �)J // Initial Date Initial ate city Utility Form ROW-U-35 (Rev. 04/14) Page 2 When requested, the City will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed eighty percent (80%) of the eligible cost as shown in each such billing. In addition, the City will make a payment, before audit, which will bring the total percentage paid to the Utility up to the ninety percent (90%) eligible cost. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. Upon execution of this agreement by both parties hereto, the City will, by written notice, authorize the Utility to perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. The completion date shall be extended for delays caused by events outside Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the City or any other party with Utility's ability to proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events are beyond the control and without the fault or negligence of Utility. The City will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in an approved form and manner, make payment in the amount of ninety percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for City reimbursement. Unless an item below is stricken and initialed by the City and Utility, this agreement in its entirety consists of the following: 1. Standard Utility Agreement; 2. Plans, Specifications, and Estimated Costs (Attachment "A"); 3. Utility's Accounting Method (Attachment "B"); 4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C"); 5. Statement Covering Contract Work — ROW-U-48 (Attachment "D"); 6. Eligibility Ratio (Attachment "F"); 7. Betterment Calculation and Estimates (Attachment "G"); 8. Proof of Property Interest — ROW-U-1 A, ROW-U-1 B, or ROW-U-1 C (Attachment "H"); 9. Inclusion in Highway Construction Contract (if applicable) (Attachment "I"); 10. Utility Joint Use Acknowledgment — ROW-U-JUA (Attachment "E"); and 11. TxDOT Implementation of Buy America Laws for Utility Accommodations ("Attachment J" ). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the City and Utility. This agreement is subject to cancellation by the City at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the City. However, the City will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State of Texas ("State") and/or City Auditor may conduct an audit or investigation of any entity receiving funds from the City directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State and/or City Auditor with access to any information the auditor considers relevant to the investigation or audit. ( 0, 6� I � 14 Initial Date Initial Date City Utility Form ROW-U-35 (Rev. 04/14) Page 3 The Utility by execution of this agreement does not waive any of the rights which Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that City makes no warranties or representations regarding the existence or location of utilities currently within the right of way. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. UTILITY Utility: Seminole Pipeline Company LLC Name of Utility By: 1 Authorized Signature PigL-J D L /4-/- J -- Print or Type Name CITY OF GEORGETOWN By: Authorized Signature Print or Type Name Title: Title://1/G�� ��w% /I0-G� Date: Date: P� 1 �S Initial Date Initial Date City Utility ATTACHMENT "I" (to be used only for Inclusion in Highway Construction Contract) In the best interest of both the City and the Utility, the Utility requests the City to include the plans and specifications for this work in the general contract for construction of Highway FM 1460 in this area, so that the work can be coordinated with the other construction operations; and the construction contract is to be awarded by the City to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Utility: Name of Utility By: N/A Authorized Signature Print or Type Name Title: Date: Jc,t gl�Sj�� Initial Date Initial Date City Utility M_ Form ROW-U-40 Rev. 3/2004 GSD-EPC Page 1 of 1 District: Austin Federal Project No.: STP 1402 (060) ROW CSJ No.: 2211-02-019 SIGNATURE AUTHORITY U-No. U14349 County: Williamson Highway No.: FM 1460 Contract No.: N/A WHEREAS, Seminole Pipeline Company LLC, hereinafter called the Owner, deems it necessary and proper to enter into an agreement with the State of Texas, whereby the Texas Department of Transportation will cause the relocation of various facilities operated by Seminole Pipeline Company LLC, which are in conflict with the Texas Department of Transportation's proposed improvements on FM 1460 from Quail Valley Drive to North of University Boulevard. NOW THEREFORE, be it resolved by the above named Owner that Seminole Pipeline Company LLC or his successor, is hereby authorized and directed to sign the utility agreement or any other necessary documents required to complete the utility relocation on behalf of the above named Owner. Passed, approved, and adopted this day of , 2014. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. ATTEST: Owner: Seminole Pipeline Company LLC Utility Name By: /&� / ) Authorized Signature Title: alli'le-:Z ,�✓� Date: Acknowledgement State of Texas County of tt�'! f `S This instrument was acknowledged before me on by any JASON FORET My Commission Expires May 26, 2018 otary Public's Signature City of Georgetown, Texas October 28, 2014 SUBJECT: Public Hearing and First Reading of an Ordinance for a Rezoning of 39.34 acres from the Agriculture District (AG) to a Planned Unit Development (PUD) for Sun City Neighborhood 58, located on Pedernales Falls Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: This rezoning request corresponds with a proposed preliminary plat to allow 150 Sun City standard single- family residential lots on approximately 39 acres. The reason for a PUD is to accommodate development standards approved in the Sun City development agreement that may differ from the Unified Development Code. Neighborhood 58 is one of the last of the planned residential areas within the original Sun City and is being built in accordance with the Sun City 9th Amended Concept Plan and development agreement. Neighborhood 58 is not within the proposed expansion area recently approved by City Council for the Somerset or Queen tracts. Citizen Comment: Staff received four letters of opposition from Sun City residents (attached) Planning and Zoning Commission: At the October 7, 2014, meeting the Commissioners voted unanimously (7-0) to approve the rezoning of Sun City Neighborhood 58. There was one speaker who voiced her concerns about the loss of open space and general concern about the natural environment in Georgetown as the community continues to grow. Recommended Motion: Approval of the rezoning ordinance to a Planned Unit Development for 39 acres to be known as Sun City Neighborhood 58. FINANCIAL IMPACT: None at this time. The applicant has paid the required fees. SUBMITTED BY: ATTACHMENTS: Staff Report Exhibit 2 - Future Land Use Plan Exhibit 3 - Existing Zoning Exhibit 4 - Aerial Citizen Comments Ordinance 58 Exhibit A - Location Man Exhibit B - Land Survey and Plat Exhibit C - PUD Development Plan Exhibit G of Development Agreement Georgetown Planning Department Staff Report Report Date: September 29, 2014 File No: REZ-2014-019 Project Planner: Jordan J. Maddox, AICP, Principal Planner Item Details Project Name: Sun City Neighborhood 58 Location: Pedernales Falls near Old Blue Mountain Road Total Acreage: 39.341 acres Legal Description: 39.341 acres in the Frederick Foy Survey Applicant: Roger Durden, AECOM Property Owner: Pulte Homes (Brent Baker) Existing Use: Vacant Existing Zoning: Agriculture (AG) Proposed Zoning: Planned Unit Development (PUD) Future Land Use: Moderate Density Residential Growth Tier: Tier 1A [Overview of Applicant's Request This rezoning request corresponds with a proposed preliminary plat to allow 150 Sun City standard single-family residential lots on approximately 39 acres. The reason for a PUD is to accommodate development standards approved in the development agreement that may differ from the Unified Development Code. Site Information The 39-acre site is located in the northwestern portion of the Sun City development, east of the existing Neighborhood 57 and directly south of the existing Neighborhood 56. The surrounding areas are all within the Sun City community, including single-family neighborhoods and golf course open space. Lroperty Histo The property was annexed in 2006. The development falls under the regulations of the 1999 Subdivision Regulations and the Sun City 91h Amended Concept Plan/ 9th Amendment to the Sun City Development Agreement. Proposed Zoning District The proposed Neighborhood 58 contains 150 single-family residential lots. The attached Sun City Neighborhood 58 Rezoning Page 1 of 2 Planning Department Staff Report Development Plan describes the applicable standards in the cluster product. The proposal is consistent with the aforementioned regulations and is shown to be residential/golf on the Concept Plan. The proposed rezoning is in conformance with the 2030 Plan Future Land Use Plan and growth policies. Infrastructure Wastewater, water and electric will be served by the City of Georgetown. The applicant is currently addressing the utilities for the site and there are no anticipated issues regarding capacity or improvements. The development of this neighborhood presents no anticipated transportation concerns and the previously -approved Traffic Impact Analysis accounts for the amount of traffic this neighborhood will generate. Future Application(s) There is a companion preliminary plat currently in process that will have to be approved in addition to a Final Plat prior to the development of the site. Staff Analysis Staff supports the rezoning based on the consistency with the applicable regulations and conformance with the 2030 Comprehensive Plan. Public Comments Public notices were sent out to the forty-four (44) property owners that were located within 200 feet of the proposed rezoning boundary. Public notice was posted in the Williamson County Sun newspaper on September 215t. There was one public comment received at the time of this report, in opposition. Sun City Neighborhood 58 Rezoning Page 2 of 2 Future Land Use / Overall Transportation Plan Legend ® Site REZ-2014-019 Parcels FIT. 1141 ©City Limits AGEOETOWN Exhibit #2 OGeorgetown ETJ EXAS Legend Thoroughfare iiiiiiiiii 1111 Existing Collector iiiiiiiiii 1111 Existing Freeway iiiiiiiiii 1111 Existing Major Arterial mmmsm Existing Minor Arterial — Existing Ramp MEMO Proposed Collector MEMO Proposed Freeway ---- Propsed Frontage Road MEMO Proposed Major Arterial Proposed Minor Arterial m Proposed Railroad Future Land Use - Institutional - Regional Commercial f — Community Commercial Ag / Rural Residential — Employment Center - High Density Residential Low Density Residential - Mining Mixed Use Community — Mixed Use Neighborhood Center - Moderate Density Residential — Open Space — Specialty Mixed Use Area Coordina Sysb— Texas S to Plane/Cents one/NAD 83/U Feet tograph' Data For.Genesa PLanning Purpo s Only 07. \ \ . N o�VV lj¢f a eor9et City Limits � ' S[reet • Si[e Si N N W� Legend ®Site 111,1141 REZ-2014-019 Parcels GEORCG�ETOWN ©City Limits Q� TEXAS Exhibit #4 =1 Georgetown ETJ 4 41111 T R A 7' Y n, cy" IN Mt 2 0� 4� *4, n 0 A, C-) C: Fn "Ir 0 pEAKtN 1A 4-� C Z -MOU'NTA'l 4 '000 D I Alp� PEDEPMALES FALLS R 4 x L'-r7-L CYF)RES's Cv REZ-2014-01 Maw Site 2338 City Unite Street Site IM Webb B kla A�sT. �n�e Gc GETOWN TEXAS Comments From Neighboring Property Owners CITY OF GEORGETOWN NOTICE OF PUBLIC HEARING You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are invited to express your views or concerns regarding the - described petition by returning the attached comment form and/or by attending one or both of the scheduled public hearings on the matter. Project Name: Sun City Neighborhood 58 Project Case Number: REZ-2014-019 Case Manager: Jordan Maddox Name of Respondent: ��d iV,4- Y /,) (Please print name) i / Signature of Respondent: /�"� , -"t (Signature required for protest) Address of Respondent: (Address m4tod for protest) I am in FAVOR: OBJEC Additional Comments: l )o NuT /9lle� �sG r os �l y i �l �l ib /c�, ^,' fir r /n j &'Veoo N 9"-ee- 1 a11L0 L s i t.-d / i n;'t, IJF,L�� ( y /'q�) /'ilit ikf Fe,"C Q� a l ur �'eC.gU6 d(-z %r7 l-7-, U f U K c jl 6�`i7C_'i% CC'//GLo Thy vt 1�to IL \4 ' J Written comments may be sent to City of Georgetown Planning Department, P. O. Box 1458 Georgetown, Texas 78627. Emailed comments may be sent to planning®fteorgetown.org. Any such comments may be presented to the Commission. RECEIVED OCT 072014 PLANNING AND DEVELOPMENT Page 2 of 2 FST. 1848 ATGroGETOWN NEXAS Comments From Neighboring Property Ommers CITY OF GEORGETOWN NOTICE OF PUBLIC HEARING You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are invited to express your views or concerns regarding the — described petition by returning the attached comment form and/or by attending one or both of the scheduled public hearings on the matter. Project Name: Sun City Neighborhood 58 Project Case Number: REZ-2014-019 Case Manager: Jordan Maddox Name of Respondent: t� a O` - F-2 (Please print name) Signature of Respondent: wo "N Address of Respondent: I am in FAVOR: Additional Comments: ai (Signature (Address required for protest) I OBJECT: AON T 7T 4 ?86,3-3 Written comments may be sent to City' of Georgetown Planning Department, P. O. Box 1458 Georgetown, Texas 78627. Emailed comments may be sent to planning_ georgetown.00 . Any such comments may be presented to the Commission. —i ha v ,(a. CX Ac!nj b cc-n here 2 yam' c-S wA'40u,t `fie Sot Lrti (A-, aria 1 �' 'b �a U e-- a>c s--MUEWED OCT o 7 2014 PLANNING AND DEVELOPMENT Page 2 of 2 EST. 1848 GEORGETOWN TEXAS Comments From Neighboring_Property Owners CITY OF GEORGETOWN NOTICE OF PUBLIC HEARING You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are invited to express your views or concerns regarding the — described petition by returning the attached comment form and/or by attending one or both of the scheduled public hearings on the matter. Project Name: Sun City Neighborhood 58 Project Case Number: REZ-2014-019 Name of Respondent: Signature of Case Manager: Jordan Maddox print name) W" ( �/ / v (Sigit@fim required for protest) a OUP, Address of Respondent: lQ �u l7 of (Address required for protest) I am in FAVOR: Additional Comments: !) /6 c) M \JC h 1 C�1 I OBJECT: X Written comments may be sent to City of Georgetown Planning Department, P. O. Box 1458 Georgetown, Texas 78627. Emailed comments may be sent to P anni ogeorrgetown.ore. Any such comments may be presented to the Commission. rRECEIVED ;)('T 07 2014 PLANNING AND DEVELOPMENT Page 2 of 2 F.ST. 1848 GEORGETUWN TEXAS Comments From Neighboring Property Owners CITY OF GEORGETOWN NOTICE OF PUBLIC HEARING You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are invited to express your views or concerns regarding the - described petition by returning the attached comment form and/or by attending one or both of the scheduled public hearings on the matter. Project Name: Sun City Neighborhood 58 Project Case Number: REZ--2Vo 200114-019 Casse Manager: Jordan Maddox Name of Respondent: [� / 0 (Please print name) Signature of Respondent: !/�%y-1--✓`-'--- � "T-1 (Signature required for rotest) Address of Respondent: ^,V— P--,l (Address required for protest) I am in FAVOR: I OBJECT: Additional Comments: P ow W L'1 " i e. -� e � 33 Written comments may be sent to City of Georgetown Planning Department, P. O. Box 1458 Georgetown, Texas 78627. Emailed comments may be sent to planning@fteorgetown.org. Any such comments may be presented to the Commission. Page 2 of 2 ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone 39.34 acres in the Foy Survey from the Agriculture District to a Planned Unit Development District to be known as Sun City Neighborhood 58; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12t', day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): 39.341 acres of the Frederick Foy Survey, as recorded in Document Number 1997052930 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on October 7, 2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 28, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Ordinance Number: Description: Sun City Neighborhood 58 Date Approved: November 11, 2014 Page 1 of 2 Exhibits A-C Attached Case File Number: REZ-2014-009 Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Agriculture District (AG) to the Planned Unit Development District (PUD), in accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and Exhibit C (Development Plan) and incorporated herein by reference. 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 on the date of adoption by the City Council. APPROVED on First Reading on the 28th day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 111h day of November 2014. ATTEST: Jessica Brettle City Secretary APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Description: Sun City Neighborhood 58 Date Approved: November 11, 2014 THE CITY OF GEORGETOWN: Dale Ross Mayor Page 2 of 2 Exhibits A-C Attached Case File Number: REZ-2014-009 EST. 1848 GEORGETOWN TEXAS City Limits 0 Street Site IM REZ-2014-019 Exhibit A Legend ® Site = Parcels ©City Limits 0 Georgetown ETJ ��� ♦ GF o°.s• �pR o �� PAP "Or9et Site . . . . . .w� . . . . . . . . . . Del Webb ell �Ill�ii9INA Coordinate System: , Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only Exhibit B �a PRELIMINARY ELECTRIC DEMAND 783 KVA PROPOSED ACREAGE AND USAGE L.F. SQ.FT. ACRES DESCRIPTION / USE 4,348 314,725 7.225 STREET RIGHT OF WAY 1,260,645 28.940 RESIDENTIAL LOTS BLOCK 1-5 8,303 0.191 OPEN SPACE LOT "A" 1,074 0.025 OPEN SPACE LOT "B" 53,897 1.237 OPEN SPACE LOT "C" 585 0.013 OPEN SPACE LOT "D" 51802 0.133 OPEN SPACE LOT "E" 68,674 1.577 OPEN SPACE LOT "F" 1,713,705 39.341 SUN CITY TEXAS NEIGHBORHOOD FIFTY—EIGHT RESIDENTIAL DENSITY IS 3.81 UNITS PER ACRE CD Z 0 ............................. .......................... ............................ .......................... ............................ .......................... ........................... .......................... ........................... ............................ ........................... ............................. .............................. ............................. ............................... ................................ ............................. :.:.:::.: ...Georg t; wp...... ........ ::: • •:•:::::. La .................................... . ..................... 29 V I C I N I T Y PUBLIC REVIEW PLANNED UNIT THIS PRELIMINARY PLAT IS CERTIFIED BY THE PLANNING AND ZONING COMMISSION AS APPROVED, EFFECTIVE ON PLANNING AND ZONING COMMISSION CHAIR PLANNING AND ZONING COMMISSION SECRETARY v &CREED ENGINEERS, SURVEYORS, PLANNERS 10000 Metric Blvd, Suite 200 Austin, TX 78758 512.916.0224 www.mckimcreed.com TBPLS FIRM REG. NO. 101776-01 OF SUN CITY TEXAS, AIQI(_uQnRunnn QIQTV_ River MAP 5 C A L E: 1" = 1 M L E FINAL PLAT OF DEVELOPMENT OF SUN CITY TEXAS, NEIGHBORHOOD FIFTY-EIGHT BEING A SUBDIVISION OF 39.341 ACRES IN THE FREDERICK FOY SURVEY, ABSTRACT 229 WILLIAMSON COUNTY, TEXAS 150 LOTS 6 O.S. LOTS 5 BLOCKS OWNER: DEL WEBB TEXAS LIMITED PARTNERSHIP BY: DEL WEBB SOUTHWEST CO. BRENT BAKER, VICE PRESIDENT LAND, CENTRAL TEXAS DIVISION 1501 SUN CITY BOULEVARD GEORGETOWN, TEXAS 78633 A=COM AECOM TECHNICAL SERVICES, INC. 400 WEST 15TH STREET, SUITE 600 AUSTIN, TEXAS 78701 WWW.AECOM.COM TBPE REG. NO. F-3580 JOB NO. 60320600 AUGUST 2014 SHEET 1 OF 4 Exhibit B OWNER'S CERTIFICATION COUNTY CLERK'S CERTIFICATION STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: STATE OF TEXAS § COUNTY OF WILLIAMSON § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THAT DEL WEBB TEXAS LIMITED PARTNERSHIP, AN ARIZONA LIMITED PARTNERSHIP ("DEL WEBB"), OWNER OF THAT CERTAIN TRACT OF LAND CALLED 39.341 ACRES, SITUATED IN THE FREDERICK FOY SURVEY, ABSTRACT 229 IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF A REMAINDER OF A 271.086 ACRE TRACT, CONVEYED TO DEL WEBB LIMITED PARTNERSHIP BY INSTRUMENTS RECORDED IN DOCUMENT NO. 1997052930 RESPECTIVELY OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, (O.R.W.C.T.), DOES HEREBY STATE THAT THERE ARE NO LIEN HOLDERS OF THE CERTAIN TRACT OF LAND, AND DOES HEREBY SUBDIVIDE SAID TRACT AS SHOWN HEREON, AND DOES HEREBY CONSENT TO ALL PLAT NOTE REQUIREMENTS SHOWN HEREON, AND DOES HEREBY DEDICATE TO THE CITY OF GEORGETOWN THE STREET RIGHTS OF WAY AND PUBLIC UTILITY, DRAINAGE, WATER AND WASTEWATER AND WASTEWATER EASEMENTS SHOWN HEREIN FOR SUCH PUBLIC PURPOSES AS THE CITY OF GEORGETOWN MAY DEEM APPROPRIATE SUBJECT TO THE CONDITIONS, COVENANTS AND RESTRICTIONS SET FORTH IN DOCUMENT NO. 1996006701, O.R.W.C.T., (THE "CONDITIONS, COVENANTS AND RESTRICTIONS"). THIS SUBDIVISION IS TO BE KNOWN AS PLANNED UNIT DEVELOPMENT OF SUN CITY TEXAS, NEIGHBORHOOD FIFTY-EIGHT. O.S. LOTS "A" - "F" (OPEN SPACE), AS SHOWN HEREON, ARE RESERVED TO DEL WEBB FOR FUTURE CONVEYANCE TO THE SUN CITY TEXAS COMMUNITY ASSOCIATION, INC., A TEXAS NON-PROFIT CORPORATION, AND ARE RESERVED FOR THE PRIVATE USE AND CONVENIENCE OF ALL OWNERS OF LOTS WITHIN SUN CITY TEXAS, THEIR GUESTS AND INVITEES, FOR LANDSCAPING AND BUFFERING PURPOSES SUBJECT TO THE CONDITIONS, COVENANTS AND RESTRICTIONS AND SUBJECT TO THE RIGHTS RESERVED TO DEL WEBB IN THE DEEDS OF THE ABOVE TRACT TO THE COMMUNITY ASSOCIATION AND FURTHER RESTRICTIONS SET FORTH IN RECORDED SUPPLEMENTAL DECLARATIONS APPLICABLE TO SUCH TRACTS. I, NANCY RISTER, CLERK OF THE COUNTY COURT OF SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT IN WRITING, WITH ITS CERTIFICATE OF AUTHENTICATION WAS FILED FOR RECORDATION IN MY OFFICE ON THE DAY OF 2014 A.D., AT O'CLOCK .M., AND DULY RECORDED THE DAY OF 2014 A.D., AT O'CLOCK .M., IN THE PLAT RECORDS OF SAID COUNTY IN DOCUMENT NUMBER TO CERTIFY WHICH, WITNESS MY HAND AND SEAL AT THE COUNTY COURT OF SAID COUNTY, AT MY OFFICE IN GEORGETOWN, TEXAS THE DATE LAST SHOWN ABOVE WRITTEN. BY: DEPUTY NANCY RISTER, COUNTY CLERK COURT OF WILLIAMSON COUNTY, TEXAS TO CERTIFY WHICH, WITNESS BY MY HAND THIS DAY OF , 2014 A.D. BY: DEL WEBB SOUTHWEST CO., AN ARIZONA CORPORATION, ITS: GENERAL PARTNER NOTES: DEL WEBB TEXAS LIMITED PARTNERSHIP, AN ARIZONA LIMITED PARTNERSHIP 1. DE INDICATES DRAINAGE EASEMENT. 2. WLE INDICATES WATERLINE EASEMENT. 3. WWE INDICATES WASTEWATER EASEMENT. BY: 4. BL INDICATES BUILDING SETBACK LINE. BRENT BAKER, VICE PRESIDENT LAND, CENTRAL TEXAS DIVISION STATE OF TEXAS § 5. PUE INDICATES PUBLIC UTILITY EASEMENT. § KNOW ALL BY THESE PRESENTS: 6. ELEC E INDICATES ELETRIC EASEMENT. COUNTY OF WILLIAMSON § 7. OAE INDICATES OWNER'S ASSOCIATION EASEMENT. BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED BRENT BAKER, VICE PRESIDENT LAND, CENTRAL TEXAS DIVISION OF DEL WEBB 8. GAS SERVICE WILL BE PROVIDED BY ATMOS ENERGY. SOUTHWEST CO., AN ARIZONA CORPORATION, GENERAL PARTNER OF DEL WEBB TEXAS LIMITED PARTNERSHIP, AN ARIZONA LIMITED PARTNERSHIP, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE 9. WATER, WASTEWATER AND ELECTRIC SERVICE WILL BE PROVIDED BY THE CITY OF GEORGETOWN. PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATED. 10. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, CENTRAL ZONE, NAD 83/93 HARN HORIZONTAL CONTROL DATUM AND NAVD 88 VERTICAL CONTROL DATUM. ALL COORDINATES ARE GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 2014, A.D. GRID. ALL DISTANCES ARE SURFACE AND MAY BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999856056. COORDINATES ARE BASED ON LOWER COLORADO RIVER AUTHORITY USGS BENCHMARK C-1035, PUBLISHED NAD 83 X = 3,133,774.1200, Y = 10,218,746.7610, NAVD 88 ELEVATION = 723.52; NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ADJUSTED TO NAD 83/93 HARN X = 3,133,772.6300, Y = 10,218,744.9310, ELEVATION = 723.87. 11. A PORTION OF THIS PLAT LIES WITHIN THE BOUNDARIES OF THE 100-YEAR FLOOD PLAIN OF A WATERWAY THAT IS WITHINT E26LIMIITS08 F STUDY OF THE FEDERAL FLOOD INSURANCE ADMINISTRATION PANEL NO. 48491CO280E SURVEYOR'S CERTIFICATION DATED STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § 12. SIDEWALKS WILL BE PROVIDED ON BOTH SIDES OR 8 FOOT WIDE SIDEWALKS ON ONE SIDE FOR ARTERIAL I, DARRELL D. WHITE, REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECTLY AND OTHER SPINE ROADS. NO SIDEWALKS ARE REQUIRED FOR COLLECTOR OR RESIDENTIAL STREETS. MADE FROM AN ACTUAL SURVEY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON, AND THAT THERE ARE NO APPARENT DISCREPANCIES, CONFLICTS, OVERLAPPING OF IMPROVEMENTS, VISIBLE UTILITY LINES OR ROADS IN PLACE, EXCEPT AS SHOWN ON THE ACCOMPANYING PLAT, AND THAT 13. THE ALLOWABLE IMPERVIOUS COVER IS AS FOLLOWS: THE CORNER MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER MY SUPERVISION IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS OF THE 65% FOR SINGLE FAMILY LOTS; CITY OF GEORGETOWN, TEXAS. 40% MAXIMUM IMPERVIOUS COVER IN OVERALL DEVELOPMENT. TO CERTIFY WHICH, WITNESS MY HAND AND SEAL AT GEORGETOWN, WILLIAMSON COUNTY, TEXAS, THIS DAY OF 2014, A.D. 14. THE PROVISIONS OF THE CENTURY PLAN - DEVELOPMENT PLAN SHALL ALSO GOVERN THIS PROJECT. THIS PROPERTY IS INTENSITY LEVEL 2. DARRELL D. WHITE 15. THIS PROPERTY IS ZONED PUD, PLANNED UNIT DEVELOPMENT. REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4816 16. ALL RIGHTS -OF -WAY ARE 50-FEET WIDE UNLESS OTHERWISE NOTED. 17. ALL CUL-DE-SAC RADII ARE 50-FEET UNLESS OTHERWISE NOTED. ENGINEER'S CERTIFICATION STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § I, ROGER DURDEN, REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THIS SUBDIVISION IS IN THE EDWARDS AQUIFER RECHARGE ZONE AND IS ENCROACHED BY A ZONE "A" FLOOD AREA, AS DENOTED HEREON, AND AS DEFINED BY FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION FLOOD HAZARD BOUNDARY MAP, COMMUNITY PANEL NUMBER 48491CO280E, EFFECTIVE DATE SEPTEMBER 26, 2008, AND THAT EACH LOT CONFORMS TO THE GEORGETOWN SUBDIVISION REGULATIONS AS AMENDED BY THE APPROVED DEVELOPMENT AGREEMENT BETWEEN DEL E. WEBB DEVELOPMENT CO., L.P. AND THE CITY OF GEORGETOWN. THE FULLY DEVELOPED, CONCENTRATED, STORMWATER RUNOFF RESULTING FROM THE 100-YEAR FREQUENCY STORM IS CONTAINED WITHIN THE DRAINAGE EASEMENTS SHOWN AND/OR PUBLIC RIGHTS -OF -WAY DEDICATED BY THIS PLAT. TO CERTIFY WHICH, WITNESS MY HAND AND SEAL AT GEORGETOWN, WILLIAMSON COUNTY, TEXAS, THIS DAY OF , 2014, A.D ROGER DURDEN REGISTERED PROFESSIONAL ENGINEER TEXAS REGISTRATION NO. 76590 CITY OF GEORGETOWN CERTIFICATIONS THE SUBDIVISION, KNOWN AS PLANNED UNIT DEVELOPMENT OF SUN CITY TEXAS, NEIGHBORHOOD FIFTY-EIGHT HAS BEEN APPROVED FOR FILING FOR RECORD ACCORDING TO THE MINUTES OF THE MEETING OF THE GEORGETOWN PLANNING AND ZONING COMMISSION ON EFFECTIVE ON PER CITY COUNCIL APPROVAL OF THE COMPANION PUD REZONING. ATTEST: GEORGE GARVER, MAYOR JESSICA BRETTLE, CITY SECRETARY CITY OF GEORGETOWN, TEXAS CITY OF GEORGETOWN, TEXAS I, PAUL BRANDENBURG, CITY MANAGER OF THE CITY OF GEORGETOWN, TEXAS, HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS AS TO WHICH APPROVAL IS REQUIRED. DATE PAUL BRANDENBURG, CITY MANAGER CITY OF GEORGETOWN, TEXAS ACCEPTED AND AUTHORIZED FOR RECORD BY THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF GEORGETOWN, TEXAS. DATE ERCEL BRASHEAR, CHAIR DATE ANDREW SPURGIN, PLANNING DIRECTOR BASED UPON THE ABOVE REPRESENTATIONS OF THE ENGINEER OR SURVEYOR WHOSE SEAL IS AFFIXED HERETO, AND AFTER A REVIEW OF THE PLAT AS REPRESENTED BY SAID ENGINEER OR SURVEYOR, I FIND THIS PLAT COMPLIES WITH THE REQUIREMENTS OF CHAPTER 15.44, FLOOD DAMAGE PREVENTION, OF THE GEORGETOWN MUNICIPAL CODE. THIS CERTIFICATION IS MADE SOLELY UPON SUCH REPRESENTATIONS AND SHOULD NOT BE RELIED UPON FOR VERIFICATIONS OF THE FACTS ALLEGED. THE CITY OF GEORGETOWN DISCLAIMS ANY RESPONSIBILITY TO ANY MEMBER OF THE PUBLIC FOR INDEPENDENT VERIFICATIONS OF THE REPRESENTATION, FACTUAL OR OTHERWISE. CONTAINED IN THIS PLAT AND THE DOCUMENTS ASSOCIATED WITH IT. DATE DAVID HALL, FLOOD PLAIN COORDINATOR CITY OF GEORGETOWN 18. CONTROL MONUMENTS AS SHOWN; IT IS THE PRACTICE OF SURVCON MCKIM & CREED TO MONUMENT ALL CORNERS (IF PRACTICAL) UPON COMPLETION OF CONSTRUCTION. TYPICAL MONUMENT IS A 1/2-INCH IRON ROD WITH A "SURVCON MCKCRD" PLASTIC CAP. 19. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY. 20. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS. 21. P.O.B. INDICATES POINT OF BEGINNING. 22. ALL PLAT BOUNDARY CORNERS ARE STAKED WITH 1/2-INCH IRON RODS WITH PLASTIC CAPS STAMPED "SURVCON MCKCRD." UNLESS OTHERWISE INDICATED. 23. ALL OPEN SPACE LOTS ("A" THRU "F") AND LANDSCAPE EASEMENTS WITHIN THE BOUNDARIES OF THIS PLAT WILL BE MAINTAINED BY THE DEVELOPER OR, AFTER TITLE TRANSFER, THE HOMEOWNERS ASSOCIATION, PURCHASER OR NON-PROFIT CORPORATION. 24. PRIOR TO ANY CHANNEL ALTERATIONS, BRIDGE CONSTRUCTION, FILL, DREDGING, GRADING, CHANNEL IMPROVEMENT, STORAGE OF MATERIALS OR ANY OTHER CHANGE OF THE 100 YEAR FLOODPLAIN LOCATED WITHIN THIS PLAT, AN APPLICATION FOR A FLOODPLAIN DEVELOPMENT PERMIT WITH A DESCRIPTION OF THE EXTENT TO WHICH THE WATERCOURSE OR NATURAL DRAINAGE WILL BE ALTERED OR RELOCATED AS A RESULT OF THE PROPOSED DEVELOPMENT MUST BE SUBMITTED TO AND APPROVED BY THE CITY OF GEORGETOWN FLOODPLAIN ADMINISTER. ALL SPECIFICATIONS AND DETAILS NECESSARY FOR COMPLETE REVIEW MUST BE APPROVED. 25. PRIOR TO ANY CHANNEL ALTERATION OR BRIDGE CONSTRUCTION WHICH WILL CHANGE EXISTING FLOOD PATTERNS OR ELEVATIONS, A LETTER OR MAP AMENDMENT MUST BE SUBMITTED TO THE CITY OF GEORGETOWN FLOODPLAIN ADMINISTRATOR FOR APPROVAL AND APPROVAL BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. PUBLIC REVIEW FINAL PLAT OF PLANNED UNIT DEVELOPMENT OF SUN CITY TEXAS, NEIGHBORHOOD FIFTY-EIGHT SHEET 2 OF 4 Exhibit B 5 V' � I 840 e\,O \0. G `� �o0FOUND 3/4" IRON ROD X=3,112,514.45 _ .�t_ j �) 1 j eir J...��tt��j) j j�w�,► Y=10,234,687.53 (9 EN SPACE / ^r 5,802 SF 0.13 AC. - BENCHMARK 3" DIAMETER METAL -850- N \ s � - . � I �s. I I \ \\ C 20 \ 93_ PLATE IN CONCRETE � \ 51 845 \ \ ; (SURFACE COORDINATE) LOT *D*s, �\ 8 ' 'S�?�; \, \\ �Q• "E T. ' II X = 3,112,719.6728 - OPEN SPACE Y = 10,235,906.0784 & A.E. I ELEV.=585 / I I POB -- � LOT wAw I 1 I ---- , 0.01 SF / FOUND 3/4" IRON ROD �� SPACE - -- - �BSS < tiI 8,651 - — X=3,111,213.53 i /\ �\ I \� 0 Y=10,234,438.37 & D.E. \ _ _ _ 8,303 SF 8 70 - I O 2 iti5 0° \ �cb o• \ < �2�'� 5°e - - LOT *r - _ _ _ _ / 860 _ _ - C T ' / 7,800 OPEN - - - - R / '/ LOT "C' ms \ \ SF o°° `\° e \\\ SF OPEN SPACE `�• \ \ ,26 a3 e �\ 1,074 SF �84• • CPS L10 c5 0.02 AC. 46 40523"� 'z5 co de D.E. 4'' �\ o<\ s -, � � � 53.897 SF 8,140 � o \ �°' •o. 25' BL - 3 I - ----- _ � 1.2 SF �\ 8,608 \\ 23419 1 .16' -----r _ - ----- SF 4V 53 !ml "w J -I I- - 00' 00' 1. - BL 5139 -\ ---- - 6 4' ' 1 ry r - - oo' 49.g`' 1 \ 54 72 M 1 t`. I L-I _ r s1.00' s1.00 49.49 N\j \ 1930 \ \\ 5 W ; 47 \ S „ I -I 4a.so' as.49 a9. gL I 1 9,171 1 to ,N 870 N o s,12iT` u-" s n 1 I -I _ _ - _ 6 - oo, 7. 7 \ s� e� J R o 5,1F j---------- --- SF 1 v� SF S 6,120 0 ' 8� S6, 8 1 I n S 6 n o 1 36 a \ " o. 6,120 SF \ \ Gq' oi\ \ SF •W , ---- - I I- - I 1 SF SF N 1 612 0 5 n o 6 1 # 1 I W I o N o o \� 'I' 3g 134.efi= _ 1 1 , 0 6, 0 o d I w ro - o SF 28 } 5 -I , 70' I L BL 1 " SF "' o ^ 6,120 v7 o S n T.. a o 58 r o 6,39 -I L o 0 62 61 g 60 9 s,soo sa' 23•� , OW I J L - J I_ _ J I I $ SF v� SF o a 1 0 , 20 v� 472 ,� 6 500 0 6, n S � , Pj 31-00 --- ------ L J � eL 1 7 0 � ' o + a SF � � e "E, ` � 4'6 •o 1 2 - S F SUN CITY TEXAS ,a 9,171 I I" -s,--- --- L J L_ _ L _-'a`\ 0 8sF5 , = NEIGHBORHOOD FIFTY-SEVEN I I 4' 23"E, ss4.8o' --- _ J J _ _ _ _ L - _ 4asQ , \N , - 00 DOC NO. 2012OJ5995 C9' 4' S4' 23 E �10 73 1 ��" 6, �`��- w \ _ r -S84' S4' 23"E- - 105_00' • + 8.30 C22 ��yl -, ----_- 3 ' --- c's S ' E p� _ �, r \ 1 6\ �` �1 81 \\ 7i _ m I 9SF1 I I� n i 1 73 m 1r is' L- - 1 1 50_ �`' _ _ _ 119_18'-_54 23"E, 34.82' 1� C23 fuD _ �? g1� r \ N 1 5 own 8,OF7�\; r o� \ S 39 O ------- Q I ROW I - -- 115. 8'-____- O? �, _ _ \ \ 14 �y6 75 N m U''a^^ 4' gT N L- 134.88= J I� ml 1 8,952 1 1 1 V I to ,= 15' BL _ O G C_50- - W N M 75 O M SF f !\ V \ r S7 ,2g.00 I .' 9.7 9 S I gl R1 r 15' BL 1 �' G= -- - - _ -1 \ \ N ��, 11 N ' ,n f \ \ c110 -584. 54. I L N84' S4' I- - 1 I� �I 94 1 o I 1 \ 1 6,75 o SF - - \ r 4 pen --- I 0 23" 23'W J N84' S4' 23' - to m r / I o W I r- 1 0.00' - 48.30' - J I n iA I. L a, O6 SF 1 m 93 I I I m I I W N M r75 7� \ \ s a' S / �i: s I 4 �� -- -, N84 I 888sF I I I JN 111NN D 6,.' N / I 20' BL I� Iv I I I JI I ml I JI I ml Iwla lalcn Iola I I I I I 1 Im 20' BL t 10' PUE TYPICAL LOT BUILDING SETBACK I I --------------- 1 "' I I 4 1$ m 105 �I I. I -,3 w- J ' ," I I ! n� 1 0 � o ,1 o M SF - o e �,` F 6'W- J I iv . a• M O 'P 1 9SF 1 n , 18 -N87' 25' 2 1 w o f ,.� 6 N cv o 3 SF I i o n mi 1 m 800 SF m S u' 0 860 SF m1 { I r 9 ro I J a m 109 . 7, 9 oo \ 9 .594 L BL-134.88= _ J I I L ' of LN_ 4i SI m a. 1 7 F 108 . M i �"\ 5, ` o'er \ \ s SUN CITY TEXAS COMMUNITY -'133.01= o m a •00 >: I N w m 23•W _ J I n W I' 7,110 F r- 1 adl I 7,630 - cliN8 s4' 2 I 0 92 ^I a7,758 a sF T S \ ,p0 gp0 ` \\ ,n , \ ASSOCIATION INC. j 8a s4 23"w 4s3o L" � I (CALLED 49.449 ACRES J _ M �UV Se 23" , 41 I - 120.00' - o i I M I -N84' S4' 23 W- J v ,123 SF I n 3 j I SF SF a T \ I - oo g - , W \ 1 7\ \ \ 125 \ 04 o j wl' 34.67 =- I M I I I I I & D 5163 Ofl ` \ N rn \ ' 75 1 7, 90 SF I I z Sla 96 L69 1 n I L _ zo e oa '\ \ \ .N �, 7 28 N a `` �'` s�k 39 '\ PARCEL NO. 6 z z6'� �t J L - 5 o� W n sF \ 1� SF I itO o rol 1 7,800 SF I S N8 sa z3• _ J I z Slol 7,297 SF n = rm n 1 iv i J �- - - ae W \ _50' COWAN CREEK GOLF COURSE I ro I I M 91 m I 89.9 40.69' 27' 4 148. n 1- N 53.60 56• ,281 \ m 7 24 I 1n �I �4as 4521 \ N 20 " `� "' \ e , ` DOCUMENT NO. 2012026614 10 Ic^�23'W J IN I �, L68 49.os m M M SF 2� 1 R \ 42 I -584' S4' 23' I I N , r 14t.2 ` _ L 1 9.98'- J I MI / \ \ 1 1 N d n \ , �� \ \� 8,1 N 7,320 SF ' � I , �zo' � - -I � W M 7 2 1 "' 3 .� - - 9 7 16' ss• 1 \ \ - 12 N + \ 53• �\ .N w (0. R. W. C. T.) I _ ,171 o1al� 81 1 7 1 0. 84. 54' 23•W ��°j o \\ \ 7,132 SF 9 I 1 / :� 1 W 23 N 7.2 1 0 $ \ - PEE ' S o 7 ' g� 3 "'ol`O 11 7 0 SF ,h$ 928.91•- \ ,n,� 11 6 g N84• s4 23'W -..I 7,15 SF I � I 1 15 � � 'm 24•°°• \ \ ,25' 128.82` - N L I I 1 SF ,; 125 M 163 0 ' SF fn L :09� 3 ,49' 1 \ ^h N84. 54' 3` I 0 8,1 8 25 � O I -s 44 r ' S4 23•E� I NI O.00' - � I 9.603 SF � \ �' c�j 1 I �, S81•�ga• 56, I c� 0, 1 2 / z � T \ , V/ � � ' 5`3• 1J� • 4 \ m IN n1 1 I c 3r N 8,796 n I 1 I RQ �L°' L_/ 1 f 1 c°i - - - L _ 54.8, "W. 3 yob I ---- - - 0 9SF i Q i 9,175 SF om-�e�6I' py9 'o \ �� - 086 _ /, Seo?g� / N7g• �4$F j 3 L1j --- --- ---10 -' $� �3 51 % i- 3 \ \ L �S . 44 J I Q °'� - 20. J / o� Ct C34 ,, :' 1 N + 1 N \\ N\ ,- - O , L _s63• •) V '. ,. � Q0• 88 N N O N $ \ \ a• I 31.13 - \ / 8 RO 1st \ 1 6 N O6, 34 \ ` F o' MANGRum HILL r W \ 35 -- - - 1 \ m\ 10 ya, / ;;i \ " 62 SF 1 d �18 " N 6 34 �' ` \ . µ0. 78 O on 2 2 SF 100 M m 92 SF m N78• 0 4rw l 13 RQW 11,389 - --- ----- gL 75 Og - \ (�• ` °° \ 3g 20' 2°� .265 SF 1 (LI al �N 113 .' 870 L; \6,• ` cP - � i 7s• �' 901 ro o* •r . � � ' _ ' •o � � / � J .o° 4 \ � ` \ 5 °' \ yQ- o.� 03 � 5��. 4 •�` _ 1 20 4 / ro 1 w B N • 6/S�F9a ur \ J g` s�D 5. No\ `\\ \\\ �, �A t , .6' g0 6 - � SSF ��11 3 v 1 L J I ;° g�.00 N�a s ?� \ ,58 8 26 tik � vI a " 0� ; ^ . 120. � t S .q3• _i -: \ ei °,O. \ 7 sF � —$ 1 a l N l 1g• o.ol ss ,,.6 OPEN SPACE rA / /a 1 & D.E. � 68,67 F s 1 _ 1 SF 3 � � \ - 9 8 B _ _ _ /^ 20 �• 7`w� '� • / 85.00' 8 N78• 1.58 4 AC.LO' \ $6c� ^ ``'`' � \ ss:oo•- - -// / 1 ^I 150 n r _ 85. Soo " 1 F` , 8j 47zo eL / / / SF / �1 owI ° a J "' c 7 80 zo' BL `% ?o . ,�p9• 06 � � v - - O• /� N •• - _ _ , ? . �, �. „ ^ .� SET 3/4" IRON RODI X=3,113,046.83 B O O o es _/ SF N 7 g s 2. 2 F ^ , ate^ / r - _ _ �_�� o �_ - J - g-• o SF '' ^ 7r800 8 16 r - --'--0p_ 8• 0' 4 'ss - eL J _ SF N o SF a� 85 - J / ^� -gplrM $� / /f 9. _ X=3,111 146.40 m��� Y=10,233,685.17 - - �i / SF v _4f 00 FOUND Xi"IRON ROD _ R SET 3/4" IRON ROD �5 X=3,111,409.57 _t SF S 1 N o00 8 1 � chi __- Y=10,233,537.10 _ + a _ 0' BL / ro 9 3 C8� N0 2 W N LJ L 10 9 N I r SUN CITY TEXAS COMMUNITY INDICATES FOUND LEGEND / ASSOCIATION, INC. � • 835 ( CALLED 49.449 ACRES `b IRON ROD (UNLESS OTHERWISE NOTED) PARCEL NO. 6 COWAN CREEK GOLF COURSE --- INDICATES SET 3/4-INCH IRON ROD DOCUMENT NO. 2012025614 ❑ IN CONCRETE (0. R. W. C. T.) INDICATES FOUND 3/4-INCH IRON ROD SCALE: 1 71=1 00' • IN CONCRETE Y=10,233,527.56 17 47 O 32 14, m h $213 L51b PUBLIC REVIEW FINAL PLAT OF PLANNED UNIT DEVELOPMENT OF SUN CITY TEXAS, NEIGHBORHOOD FIFTY-EIGHT SHEET 3 OF 4 Exhibit B LINE TABLE LINE NOTE DISTANCE BEARING L1 96.59 N78' 36' 37"E L2 95.69 N70' 19' 06"E L3 88.14 N58' 39' 52"E L4 86.36 S31' 20' 08"E L5 142.56 S84' 32' 28"E L6 105.69 N68' 21' 38"E L7 165.44 N20' 22' 30"E L8 175.85 N31' 20' 08"W L9 61.69 N24' 43' 34"W L10 120.00 S84' 54' 23"E L11 37.56 N05' 05' 37"E L14 96.89 S55' 21' 53"W L15 24.00 N34' 38' 07"W L16 24.00 N34' 38' 07"W L17 47.77 S77' 58' 16"E L18 45.96 N77' 58' 16"W L19 84.53 N15' 02' 21"W L20 60.95 N31' 20' 08"W L21 59.96 N31' 20' 08"W L23 54.56 S05' 05' 37"W L24 54.56 N05' 05' 37"E L52 4.33 NO2' 29' 23"W L54 19.51 N78' 20' 47"W L55 18.86 S78' 36' 37"W L56 18.75 S70' 19' 06"W L59 61.97 N80' 31' 25"W L60 59.22 S84' 39' 25"W L62 58.85 S68' 05' 57"W L64 98.57 S05' 05' 37"W L65 27.00 S58' 39' 52"W L66 5.04 N80' 29' 58"W L67 3.80 S84' 54' 23"E L68 16.36 S11' 39, 13"W L69 5.08 NO2' 29' 23"W L70 27.89 N40' 49' 48"E L71 27.00 S84' 54' 25"E CURVE TABLE CURVE NOTE ARC LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE C1 714.20 1030.00 39' 43' 44" N75' 13' 45"E 699.98 C2 714.20 1030.00 39' 43' 44" N75' 13' 45"E 699.98 C3 39.27 25.00 89' 59' 57" S50' 05' 36"W 35.36 C4 39.27 25.00 90' 00' 00" N39' 54' 23"W 35.36 C5 25.13 8.00 180' 00' 00" N84' 54' 23"W 16.00 C6 25.13 8.00 180' 00' 00" S84' 54' 23"E 16.00 C7 23.56 15.00 90' 00' 00" S39' 54' 23"E 21.21 C8 23.56 15.00 90' 00' 00" S50' 05' 37"W 21.21 C9 327.67 225.00 83' 26' 24" N36' 37' 35"W 299.47 C10 400.48 275.00 83' 26' 24" N36' 37' 35"W 366.02 C11 23.56 15.00 90' 00' 00" N56' 39' 13"E 21.21 C12 23.56 15.00 90' 00' 00" S33' 20' 47"E 21.21 C13 243.85 325.00 42' 59' 22" N80' 09' 33"E 238.17 C14 281.36 375.00 42' 59' 22" S80' 09' 33"W 274.81 C15 23.56 15.00 90' 00' 00" N39' 54' 23"W 21.21 C16 23.56 15.00 90' 00' 00" S50' 05' 37"W 21.21 C17 13.62 15.00 52' 01' 12" N31' 06' 13"E 13.16 C18 13.62 15.00 52' 01' 12" S20' 54' 59"E 13.16 C19 247.87 50.00 284' 02' 25" S84' 54' 23"E 61.54 C20 22.90 15.00 87' 28' 57" N41' 09' 55"W 20.74 C21 23.36 15.00 89' 13' 09" S47' 11' 08"W 21.07 C22 272.32 775.00 20' 07' 58" N85' 01' 38"E 270.92 C23 242.40 825.00 16' 50' 04" S83' 22' 41 "W 241.53 C24 24.76 15.00 94' 35' 00" N27' 40' 09"E 22.04 C25 128.26 375.00 19' 35' 46" N24' 50' 14"W 127.63 C25 23.56 15.00 90' 00' 00" N60' 02' 21"W 21.21 C26 85.16 325.00 15' 00' 46" N27' 07' 44"W 84.91 C26 38.72 25.00 88' 44' 42" N79' 00' 28"W 34.97 C27 25.13 8.00 180' 00' 00" S55' 21' 53"W 16.00 C28 39.27 25.00 90' 00' 00" N10' 21' 52"E 35.36 C29 25.13 8.00 180' 00' 00" N55' 21' 53"E 16.00 C30 106.94 675.00 9' 04' 40" S7' 06' 54"W 106.83 C31 74.84 726.85 5' 53' 57" S5' 19' 20"W 74.80 C32 22.58 15.00 86' 14' 48" S34' 50' 52"E 20.51 C33 23.66 15.00 90' 22' 30" S56' 50' 28"W 21.28 C34 153.54 325.00 27' 04' 05" N88' 29' 41"E 152.11 C35 177.16 375.00 27' 04' 05" S88' 29' 41 "W 175.52 C36 13.62 15.00 52' 01' 12" S57' 20' 45"E 13.16 C36 23.56 15.00 90' 00' 00" N29' 57' 39"E 21.21 C37 23.56 15.00 90' 00' 00" N60' 02' 21"W 21.21 C38 177.77 625.00 16' 17' 47" N23' 11' 15"W 177.17 C39 163.55 575.00 16' 17' 47" S23' 11' 15"E 162.99 C40 23.56 15.00 90' 00' 00" N13' 39' 52"E 21.21 C41 23.56 15.00 90' 00' 00" N76' 20' 08"W 21.21 C42 13.62 15.00 52' 01' 12" N5' 19' 32"W 13.16 C43 13.62 15.00 52' 01' 12" S57' 20' 45"E 13.16 C44 247.87 50.00 284' 02' 25" N58' 39' 52"E 61.54 C46 76.82 325.00 13' 32' 32" N81' 45' 53"E 76.64 C47 76.54 325.00 13' 29' 34" S84' 43' 03"E 76.36 C48 44.85 825.00 3' 06' 53" N89' 45' 44"W 44.84 C49 49.80 825.00 3' 27' 31" S86' 57' 04"W 49.79 C50 49.80 825.00 3' 27' 31" S83' 29' 33"W 49.79 C51 49.80 825.00 3' 27' 31" S80' 02' 02"W 49.79 C52 48.15 825.00 3' 20' 37" S76' 37' 57"W 48.14 C53 26.99 375.00 4' 07' 25" N77' 01' 21"E 26.98 CURVE TABLE CURVE NOTE ARC LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE C54 48.45 375.00 7' 24' 10" N82' 47' 09"E 48.42 C55 48.45 375.00 7' 24' 10" S89' 48' 41 "E 48.42 C56 48.45 375.00 7' 24' 10" S82' 24' 31 "E 48.42 C57 49.30 325.00 8' 41' 30" S82' 41' 32"E 49.26 C58 94.22 325.00 16' 36' 37" N84' 39' 25"E 93.89 C59 96.10 325.00 16' 56' 30" N67' 52' 51"E 95.75 C60 59.58 375.00 9' 06' 09" S63' 12' 56"W 59.51 C61 71.31 375.00 10' 53' 43" S73' 12' 52"W 71.20 C62 71.31 375.00 10' 53' 43" S84' 06' 36"W 71.20 C63 71.06 375.00 10' 51' 28" N85' 00' 49"W 70.96 C64 8.10 375.00 1' 14' 18" N78' 57' 56"W 8.10 C65 60.65 275.00 12' 38' 12" N71' 49' 44"W 60.53 C66 60.72 275.00 12' 39' 01" N59' 11' 07"W 60.59 C67 60.72 275.00 12' 39' 01" N46' 32' 07"W 60.59 C68 60.72 275.00 12' 39' 01" N33' 53' 06"W 60.59 C69 60.72 275.00 12' 39' 01" N21' 14' 05"W 60.59 C70 60.72 275.00 12' 39' 01" N8' 35' 05"W 60.59 C71 35.29 275.00 7' 21' 12" N1' 25' 01"E 35.27 C72 54.20 775.00 4' 00' 26" S86' 54' 36"E 54.19 C73 58.57 775.00 4' 19' 48" N88' 55' 17"E 58.56 C74 58.57 775.00 4' 19' 48" N84' 35' 28"E 58.56 C75 58.57 775.00 4' 19' 48" N80' 15' 40"E 58.56 C76 42.41 775.00 3' 08' 07" N76' 31' 42"E 42.40 C77 45.72 225.00 11' 38' 32" NO' 43' 39"W 45.64 C78 118.36 225.00 30' 08' 24" N21' 37' 07"W 117.00 C79 118.36 225.00 30' 08' 24" N51' 45' 31"W 117.00 C80 45.23 225.00 11' 31' 03" N72' 35' 15"W 45.15 C81 43.03 675.00 3' 39' 09" S9' 49' 39"W 43.02 C82 62.24 675.00 5' 16' 59" S5' 21' 35"W 62.22 C83 21.47 50.00 24' 36' 10" S34' 37' 30"E 21.31 C84 45.34 50.00 51' 57' 08" S3' 39' 09"W 43.80 C85 37.29 50.00 42' 43' 38" S50' 59' 32"W 36.43 C86 37.29 50.00 42' 43' 38" N86' 16' 50"W 36.43 C87 37.29 50.00 42' 43' 38" N43' 33' 12"W 36.43 C88 47.74 50.00 54' 42' 02" N5' 09' 38"E 45.94 C89 21.47 50.00 24' 36' 10" N44' 48' 45"E 21.31 C90 58.99 50.00 67' 36' 01" S13' 06' 56"E 55.63 C91 48.28 50.00 55' 19' 41" S74' 34' 48"E 46.43 C92 48.28 50.00 55' 19' 41" N50' 05' 32"E 46.43 C93 73.11 50.00 83' 46' 53" N19' 27' 45"W 66.77 C94 19.20 50.00 22' 00' 09" N72' 21' 16"W 19.08 C95 39.80 575.00 3' 57' 59" N29' 21' 09"W 39.80 C96 78.75 575.00 7' 50' 48" N23' 26' 46"W 78.68 C97 44.99 575.00 4' 29' 00" N17' 16' 51"W 44.98 C98 32.00 375.00 4' 53' 24" N17' 29' 03"W 31.99 C99 61.78 375.00 9' 26' 21" N24' 38' 55"W 61.71 C100 34.47 375.00 5' 16' 01" N32' 00' 06"W 34.46 C101 20.74 625.00 1' 54' 04" S15' 59' 23"E 20.74 Cl 02 63.01 625.00 5' 46' 35" N22' 18' 40"W 62.98 C103 63.01 625.00 5' 46' 35" N28' 05' 15"W 62.98 Cl 04 76.54 325.00 13' 29' 34" S84' 43' 03"E 76.36 METES AND BOUNDS DESCRIPTION SUN CITY TEXAS NEIGHBORHOOD FIFTY-EIGHT CONTAINING 39.341 ACRES FREDERICK FOY SURVEY, ABSTRACT NO. 229 WILLIAMSON COUNTY, TEXAS BEING 39.341 ACRE TRACT OF LAND IN THE FREDERICK FOY SURVEY, ABSTRACT NUMBER 229 IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF THE REMAINDER OF A 271.086 ACRE TRACT CONVEYED TO DEL WEBB TEXAS LIMITED RECORDED IN DOCUMENT NO. 1997052930, RESPECTIVELY, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.). SAID 39.341 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83/93 HARN DATUM WITH DISTANCES CONVERTED TO SURFACE BY A COMBINED SCALE FACTOR OF 0.999856056: BEGINNING AT A 3/4-INCH IRON ROD WITH CAP STAMPED "AECOM." FOUND IN CONCRETE (X=3,111,213.53; Y=10,234,438.37, GRID) AT THE NORTHEAST CORNER OF LOT "D", SUN CITY, TEXAS NEIGHBORHOOD FIFTY-SEVEN AS RECORDED IN DOC. NO. 2012035995 OF THE O.R.W.C.T, ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PEDERNALES FALLS DRIVE (60' RIGHT-OF-WAY) AS SHOWN ON THE SUN CITY TEXAS, NEIGHBORHOOD FIFTY-SIX AS RECORDED IN DOC. NO. 2012029360 O.R.W.C.T; BEGINNING AT A POINT WHOSE NORTHING IS 10235913.59 AND WHOSE EASTING IS 3111662.93 ; THENCE BEARING S 84-54-22.932 E A DISTANCE OF 464.05 FEET ; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1030.00 FEET, A DELTA ANGLE OF 39' 43' 44.1254", AND WHOSE LONG CHORD BEARS N 75-13-45.006 E A DISTANCE OF 699.98 FEET ; THENCE BEARING N 55-21-52.942 E A DISTANCE OF 196.94 FEET ; THENCE BEARING S 34-37-21.464 E A DISTANCE OF 227.54 FEET ; THENCE BEARING S 15-2-21.193 E A DISTANCE OF 635.80 FEET ; THENCE BEARING S 24-43-33.524 E A DISTANCE OF 61.69 FEET ; THENCE BEARING S 38-23-30.922 E A DISTANCE OF 194.74 FEET ; THENCE BEARING S 31-20-8.290 E A DISTANCE OF 175.85 FEET ; THENCE BEARING S 20-22-30.121 W A DISTANCE OF 165.44 FEET ; THENCE BEARING S 68-21-37.698 W A DISTANCE OF 105.69 FEET ; THENCE BEARING N 84-32-27.761 W A DISTANCE OF 142.56 FEET ; THENCE BEARING N 31-20-8.290 W A DISTANCE OF 86.36 FEET ; THENCE BEARING S 58-39-51.710 W A DISTANCE OF 88.14 FEET ; THENCE BEARING S 70-19-5.670 W A DISTANCE OF 95.69 FEET ; THENCE BEARING S 78-36-37.492 W A DISTANCE OF 96.59 FEET ; THENCE BEARING N 78-20-46.599 W A DISTANCE OF 1056.54 FEET ; THENCE BEARING N 60-38-12.164 W A DISTANCE OF 302.02 FEET ; THENCE BEARING N 5-5-37.067 E A DISTANCE OF 756.29 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 1713704.79545 SQUARE FEET (39.34125 ACRES), MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS, RESERVATIONS, RESTRICTIONS AND CONVEYANCES OF RECORD. PUBLIC REVIEW FINAL PLAT OF PLANNED UNIT DEVELOPMENT OF SUN CITY TEXAS, NEIGHBORHOOD FIFTY-EIGHT SHEET 4 OF 4 Exhibit C Sun City Neighborhood Fifty -Eight P.U.D. Development Plan A. Property This Development Plan covers approximately 39 acres of land located within the city limits of Georgetown, Texas, described as 39.341 acres out of the Frederick Foy Survey, to be known as Sun City Neighborhood Fifty -Eight. B. Purpose In accordance with Unified Development Code, the following is a summary of the design standards for the development of Neighborhood Fifty -Eight. The standards are consistent with those outlined in Exhibit G of the Sun City Texas Development Agreement, as amended (attached hereto incorporated herein). A companion plat will graphically depict the neighborhood as envisioned by this development plan. C. Development Plan Standards 1. The neighborhood shall be developed in accordance with the approved Development Agreement. 2. The neighborhood contains a maximum of 150 residential single-family standard lots. 3. The neighborhood size is 39.341 acres 4. The density of the neighborhood is 3.81 units per acre. 5. The minimum lot size shall be 5,000 square feet. 6. Impervious cover shall be 65%. Maximum impervious coverage for the overall development shall be 40%. 7. The building setbacks for standard lots are as follows: a. Front 20 feet b. Rear 20 feet c. Corner Side 15/20 feet d. Side 5 feet e. Interior Side 5 feet Sun City Georgetown Neighborhood 58 1 PUD Standards Sun City Georgetown Planned Unit Development Varied Standards for Subdivision Regulations and Unified Development Code 1. The standards and criteria set forth in this Exhibit G, including the additional standards in Exhibit G-1 and the roadway and utility specification in Exhibits G-2, G-3, G-4, G-5 and G-8, will be applicable to the development of the Project. 2. All streets within the Project are classified as "minor". Typical cross -sections and utility assignments for a minor arterial, a neighborhood collector, a residential collector and a local street are attached as Exhibits G-2, G-3, G-4 and G-5, respectively. Standard utility assignments for local streets are shown in the attached Exhibit G-8. 3. Del Webb is authorized to create non-standard private lots within the median of a public street to place manned entry houses or similar entry features near the entries to the Project on F.M. 2338 and on Highway 195. These entry features will eventually be located on non- standard private lots surrounded by public right-of-way, and will meet the requirements of Section 24032-D of the Subdivision Regulations. The private lots need not satisfy subdivision criteria for lot size and setbacks. The street designated as Texas Drive on the preliminary plat for Phase 1 of the Project will be allowed an alternative roadway section design that will be considered during the construction plan review, and will be considered during the construction plan review, and will be subject to the approval of the Director of Community Owned Utilities. 4. The Project will include an extensive network of walking trails, bike trails and/or sidewalks. 5. The City approves the use of 6-inch diameter fire leads in dead-end conditions of less than 600 feet in length (such as cul-de-sacs). A maximum of one fire hydrant may be located on a 6-inch diameter dead-end line. 6. Water lines in dead-end conditions may be smaller than 6 inches in diameter when not required for fire protection, and in no case shall they be less than 4 inches in diameter, unless approved by the City. Fire hydrants shall not be installed on lines that are smaller than 6 inches in diameter. 7. Del Webb is authorized to create non-standard lots within the Project for open space, golf course, buffer zones, karst features, and preserve areas. Del Webb will restrict these non- standard lots from any building construction. Del Webb or its successors or assigns is responsible for maintaining these non-standard lots. These non-standard lots may be final platted prior to the final platting of the adjoining streets shown on a preliminary plat. 8. The City approves block lengths that exceed the criteria for block lengths when the block includes creeks, natural drainageways, buffer zones, open spaces, and golf courses. 9. The City approves Del Webb's plans to preserve existing trees and vegetation within medians and public right-of-ways, and to supplement existing plant life with the planting of additional trees and vegetation in medians and public right-of-ways. Del Webb or its City of Georgetown - Revised by City Council March 28, 2006 Page 1 of 9 successors or assigns is responsible for landscape maintenance in medians and public right- of-ways within the Project. 10. Detailed landscape and irrigation plans for certain non-residential areas shall be required prior to detailed development plan approval and are not required prior to preliminary plat approval. 11. Detailed development plans are not required for single-family residences within the Project. 12. The City may review and approve Del Webb's detailed development plans and building permits for construction yards and construction staging areas, which are considered specially permitted uses within the R-P District of the Project, provided that Del Webb shall maintain ownership of these areas until access to these areas is provided through dedicated public right-of-way and all applicable Development Regulations have been satisfied. In lieu of meeting the landscape requirements of the Development Regulations for temporary construction yards and construction staging areas, Del Webb shall provide adequate buffering, taking into account existing vegetation and distance to residential areas from adjacent land uses, as approved by the Director of Development Services. Del Webb shall secure detailed development plans and building permits as necessary for development of the construction yards and construction staging areas. Del Webb agrees that any construction yards and construction staging areas within the Project shall not remain more than two years beyond the term of this Agreement. 13. The City approves the use of flag lots within the Project. Flag lots may utilize a 10-foot wide access or a shared 20-foot wide accessway between two lots. 14. Swimming pools constructed on residential lots shall be allowed within the required rear yard setback areas so long as they are located at least three (3) feet from the property line; no privacy fence shall be required, provided that fencing (which may be wrought iron or similar type fencing) shall be required to satisfy other city requirements regarding safety. (Added by First Amendment to Development Agreement, 1-14-96, Doc. No. 9606700). City of Georgetown - Revised by City Council March 28, 2006 Page 2 of 9 Applicable Regulations City Del Webb Subdivision 24060 Expires in 12 months Regulations Preliminary Plat Approval No expiration dates so long as 3.08.050-J Expires in 18 months Development Agreement in UDC Preliminary Plat Approval unless phased and each effect additional phase is 12 months Subdivision 33030 (Table 33030-A) Design Median not addressed Regulations Standards for Streets for minor arterials Allow median Median not addressed UDC 12.03.020 for major collectors or lower streets Subdivision 33030-1 Regulations Arterial Street Center Line Curve 2000' min. 1200' min. with 45 m.p.h. Radius design speed * Sharper curve radii are Curves in arterial streets 12.03.020-132 shall be designed in approved for the F.M. 2338 UDC Arterial Streets accordance with the entry feature area design speed standards in AASHTO Manual Subdivision 33030-J Collector Street Center Line 600' min. Regulations Curve Radius 300' min with appropriate Curves in collector 12.03.020-133 streets shall be designed speed limit designation UDC Collector Street Curves in accordance with the design speed standards in AASHTO Manual Subdivision 33030-K 250' min. radius, except Regulations Local Street Curves for loop or partial loop streets For loop, partial loop cul-de- sac streets, minimum radius Curves in local streets 12.03.020-134 shall be designed in to accommodate 30 m.p.h. UDC Local Street Curves accordance with the design speed design speed standards in AASHTO Manual City of Georgetown - Revised by City Council March 28, 2006 Page 3 of 9 Applicable Regulations I City I Del Webb Subdivision Regulations UDC UDC UDC 33030-N Dead -End Streets Cul-de-sac Length 12.03.050-05 Dead -End Streets 12.03.020-B7 Cul-de-sac Length 12.03.030 Local Street Connectivity Requirements 500' maximum length Prohibited except to permit extension of the street. Temporary turn- arounds shall be required where stub exceed one lot or 100 feet in length and signs shall be provided. No more than 200 ADT for any street longer than 200 feet Turn-arounds shall have a minimum paved radius of 50 feet for single- family and two-family and use 60' for other uses Requires interconnected street system to provide for adequate access for emergency and service vehicles; enhance walkability by ensuring connected transportation routes Request for 800' to be reviewed for adequate fire flows and lot size Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 3. Sun City Blvd at Ronald Reagan Blvd. 4. The local street designated as West Majestic Oak Lane in preliminary plat of Woodland Park West subdivision will be connected to a local street within Neighborhood 51; and 5. Oak Branch Dr. in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. All collector -designated Collector streets may 12.03.040 streets shall connect on terminate into local streets. UDC Collector Street Connectivity both ends to an existing Capacity requirements for Requirements or planned collector or collectors are met. higher -level street. City of Georgetown - Revised by City Council March 28, 2006 Page 4 of 9 Applicable Regulations City Del Webb UDC Table 12.03.030 Requires a connectivity Waived in its entirety. Street Connectivity Computation ratio of 1.20 Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 3. Sun City Blvd at Ronald Reagan Blvd. Subdivisions of 300 lots 4. The local street 12.03.050-B3 or greater shall be designated as West UDC Required Subdivision Access required to provide four Majestic Oak Lane in Points or more access points to preliminary plat of the existing or proposed Woodland Park West public roadway system subdivision will be connected to a local street within Neighborhood 51; and 5. Oak Branch Dr. in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. Five total access points shall be provided which are: 1. Del Webb Blvd at Williams Drive 2. Sun City Blvd at SH 195 3. Sun City Blvd at Ronald Provide connectivity to Reagan Blvd. other neighborhoods 4. The local street 12.03.050-C existing streets in designated as West UDC Relation to Adjoining Street adjacent or adjoining Majestic Oak Lane in preliminary plat of Systems areas shall be continued Woodland Park West in the new development subdivision will be in alignment therewith connected to a local street within Neighborhood 51; and 5. Oak Branch Dr. in Shady Oaks subdivision will be connected to Sun City Blvd as a local street. 12.03.020 A 5' landscape UDC Landscape Easement Table and easement will be Will provide open space lots Diagram required along all Rights preserving trees. of Way (ROW) Street trees will be UDC 8.03 located in the landscape Will provide open space lots Street Trees easement planted at one preserving trees. tree for every 50 feet City of Georgetown - Revised by City Council March 28, 2006 Page 5 of 9 Applicable Regulations City Del Webb Subdivision 34020 E 10' P.U.E. for all lots 10' P.U.E. not required on Regulations Easements adjacent to public Rights minor arterial and of Way (ROW). neighborhood collector due to extra R.O.W. provided. 13.04.060 10' PUE required along Additional easements for UDC Easements all Rights of Way (ROW) electric service will be provided. Parkland is required at a Pay 1/2 of the required fees at 13.02 ratio of one acre for the time of platting and get UDC Open Space every 50 lots, fees are credit for open space, trails, currently 250 per unit and golf course for the other half of required parkland Subdivision 33030-N Average Dailysac on Cul-de- 200 Average Daily Trips Regulations (ADT) No maximum UDC 12.03.020137b 200 Average Daily Trips Permitted Cul-de-sacs (ADT) Subdivision 33030-U (Table 33030-C) Street 320 foot spacing Along arterials and Regulations Lighting Standards neighborhood collectors, placed at 320' intervals. In addition, street lights at intersections and at end of Required at all cul-de-sacs over 500' in UDC 13.07.020 intersections and at 300 length. Street Lighting Standards foot intervals Additional requested street lighting may be installed in the future at no expense to the City. Subdivision 33030-X Both sides of Arterials; Regulations Pedestrian Circulation/Sidewalks one -side of collectors Sidewalks on both sides or 8' wide sidewalks on one side for arterials and neighborhood collectors. No sidewalks required for residential Both sides of all streets, collectors or local streets. A 12.02.020 as needed to provide sidewalk along F.M. 2338 may UDC Sidewalk General Requirements access to commercial, be deferred until F.M. 2338 is employment areas, parks, widened at entry area or for greenways or streets ten (10) years from the date of approval of this Agreement by the City, whichever first occurs. Subdivision 33043 Regulations Spacing Between Driveways for 125' min on collectors Residential No limit on residential collectors 12.03.010-D5 125' min on residential Spacing Between Driveways for collectors Residential City of Georgetown - Revised by City Council March 28, 2006 Page 6 of 9 Applicable Regulations City Del Webb Subdivision 33043 300' min on minor Regulations Spacing Between Driveways for arterials Non-residential 120' on minor arterials at golf course clubhouses 12.03.020 Driveway separation UDC Spacing Between Driveways on based on posted speed of Non-residential roadway 33044 Subdivision Spacing Between Driveways and 60' min. on local streets Regulations Intersections for Residential 50' min. on local streets on Streets same side as corner 12.03.010-C Separation from the UDC Spacing Between Driveways and corner no less than 50 Intersections for Local Streets feet Subdivision 33044 Regulations Spacing Between Driveways and 75' min. on collectors 50' min. on residential Intersections collectors on same side as 12.03.010-D Separation from the UDC Spacing Between Driveways and corner no less than 125 corner Intersections for Collector Streets feet Subdivision 33051-A Off-street parking spaces At Phase 1 clubhouses and Regulations General Design Standards/Off- located behind front sales pavilion, the City staff will Street Parking building work with Del Webb to achieve an optimum balance between Off-street parking spaces for non-residential uses the 25' front building line 6.03.040 are not allowed in the setback requirement and the UDC Non Residential Lot Dimensions front setback only the side preservation of tree and karst and rear of contiguous features. uses Subdivision 33056 Basic Off -Street Loading 1 space/buildings 5,000- Regulations Regulations 19,000sq. ft. 1 space minimum/buildings over 5,000 sq.ft. with full food As needed and will be the UDC 9.05-C minimum size of 12 feet and beverage service. Off -Street Loading by 54 feet For parking pattern of 540-740, 22' two-way lane For parking patter on 540-740, width; 9' (8.5') parking 24' two-way lane width; Subdivision 33057 (Table 33057) space width; 21' (16.5') parking space length average 9.5' parking space Regulations Parking Facilities Design width; 20' parking space For parking patterns of length 540-900, landscaped islands not addressed For parking patterns of 540- All spaces shall be 9 feet 900, parking spaces adjacent 9.03.020 by 18 feet and drive aisles to landscaped islands may be UDC Parking Space and Parking Lot must be 26 feet one way 18' long Design drive aisle widths vary on degree of parking City of Georgetown - Revised by City Council March 28, 2006 Page 7 of 9 Applicable Regulations City Del Webb Subdivision 34010-C 1300' min. 600' min. to be considered on Regulations Block Length along arterial plat submittal Subdivision 34020-B Depth/width ratio No lot depth/width ratio Regulations Lot Dimensions between 2.5 and 1.5 Lots facing each other Subdivision 34020-C increase width for lots No restriction on orientation Regulations Lot Orientation when side abuts rear yard Subdivision 34020-C Not permitted adjacent Regulations Double Frontage Lots to collector Permit adjacent to collector May not have frontage on two non -intersecting streets (no access to UDC 6.04.010-C local or collector streets, collectors from such lots) Double Frontage Lots unless access is taken from the street of the lower classification Subdivision Table 34020 6,000 sq. ft. min. 4,620 sq. ft. for zero lotline Regulations Lot Sizes lots, no more that 300 lots to be developed (12.0% of Table 6.02.030 remaining lots), 5,000 sq. ft. UDC Housing Type Dimensional 5,500 sq. ft. minimum for cluster lots, no more than Standards 525 lots to be developed 21.0% of remaining lots). Subdivision 34020-E 40% max. for each lot Regulations Impervious cover 75% for cluster lots; 75% for zero lotline lots*; 65% for 50% maximum up to 11.02.010 65% if impervious single family lots. (40% max. UDC Impervious Cover Limitations coverage waivers are impervious cover in overall met. This is calculated development) on a Gross Site Area 50% for cluster lots; 70% for Subdivision 34020-E Building Coverage zero lotline lots*; 40% for Regulations (maximum) o 30 /o single family lots. (30 /o max. building coverage in overall development) Sun City proposed Lot Development Sun City Sun City Sun City Sub Regs UDC Cluster** Zero Lotline** Standard Front 25' 20' 10' 10' 20' Rear 20' 10' 5' 5' 20' Corner Side 25' 10' 10' 01/10' *** 20'**** Side 5/10' 6' 5' 01/10' 5' Interior Side 5/10' 6' 5' 01/10' 5' City of Georgetown - Revised by City Council March 28, 2006 Page 8 of 9 *Cluster homes (lots) are detached, single-family product aimed at a market segment seeking a smaller lot with less yard maintenance, but not necessarily at the sacrifice of a larger home. The setbacks for the Cluster Lots have been established to create a pedestrian scaled street scene and more clustered relationship between adjoining homes. Surrounding openspace will offset the increased impervious and building coverage for individual lots. (Revised by Eighth Amendment to Development Agreement, Doc. No. ) *Zero Lotline homes (lots) are detached, single-family product aimed at a market segment seeking a smaller lot not at the sacrifice of a larger home. The homes will be oriented towards the side yard area, create unique outdoor living areas. Surrounding open space will offset the increased impervious and building coverage for individual lots. (Added by Eighth Amendment to Development Agreement, Doc. No. ) **Neighborhoods 1 through 10 and Neighborhood 12A. For all residential properties within Neighborhoods 1 through 10 and Neighborhood 12A of Sun City Georgetown, as reflected in the final plats of such neighborhoods recorded in the Official Records of Williamson County, setback distances are to be measured to the outside face of the studs of the framed walls and any structural component, i.e. planter boxes that are constructed from the foundation up or along the face of the exterior wall surface into required front yards. **All Neighborhoods Finally Platted Subsequent to Neighborhood 12A. For residential properties within all other neighborhoods to be platted other than neighborhoods 1 through 10 and Neighborhood 12A, setback distances are to be measured in accordance with the City of Georgetown development standards in effect as of July 7, 1997, i.e. measured to the exterior face of the completed, finished wall to include stucco, brick, rock, man-made rock, wood siding and any structural component that is to be constructed from the foundation up or along the exterior wall surface. The roof overhang shall not extend more than twelve inches (12") into a required yard and ornamental features, i.e. planter boxes may be allowed up to twelve inches (12") into a required front yard as long as they are attached to the exterior wall and not an integral part of the wall starting with construction from the foundation. This measurement of setback distances should maintain consistency with the Zoning Ordinance of the City of Georgetown. (Added by Second Amendment to Development Agreement, 9123197, Doc. No. 9743888.) Air conditioning units are permitted within side lot setbacks. ***10' on street side to provide P.U.E. standards set above. (Added by Eighth Amendment to Development Agreement, Doc. No. ) ****Note: On back-to-back corner lots only, 15' setback is allowed on secondary front setbacks. Driveways on back-to-back corner lots must take access from the 20' front yard. City of Georgetown - Revised by City Council March 28, 2006 Page 9 of 9 City of Georgetown, Texas October 28, 2014 SUBJECT: First Reading of an Ordinance of the City Council ("Council") of the City of Georgetown, Texas ("City") amending the Code of Ordinances Chapter 2.52 "General Government and Finance Advisory Board," Chapter 2.48 "City Planning and Zoning Commission," Chapter 2.49 "Zoning Board of Adjustment," Chapter 2.64 "Building Standards Commission," Chapter 2.109 "Georgetown Utility System Advisory Board," and Chapter 2.113 "Georgetown Transportation Advisory Board;" repealing conflicting ordinances and resolutions and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) ITEM SUMMARY: On October 14, 2014 a workshop overview was presented to City Council regarding amending the following advisory boards: 1. General Government and Finance Advisory Board 2. Planning and Zoning Commission 3. Zoning Board of Adjustment 4. Building Standards Commission 5. Georgetown Utility System Advisory Board 6. Georgetown Transportation Advisory Board This item is the first reading of an ordinance that incorporates City Council comments from the October 14th workshop and minimal non -substantive language cleanup for readability. FINANCIAL IMPACT: None other than City Staff time and resources SUBMITTED BY: Skye Masson ATTACHMENTS: Ordinance Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Ordinance No. AN ORDINANCE OF THE CITY COUNCIL ("COUNCIL") OF THE CITY OF GEORGETOWN, TEXAS ("CITY") AMENDING THE CODE OF ORDINANCES, CHAPTER 2.52 "GENERAL GOVERNMENT AND FINANCE ADVISORY BOARD," CHAPTER 2.48 "CITY PLANNING AND ZONING COMMISSION,- CHAPTER 2.49 "ZONING BOARD OF ADJUSTMENT," CHAPTER 2.64 'BUILDING STANDARDS COMMISSION,- CHAPTER 2.109 "UTILITY SYSTEMS ADVISORY BOARD,- AND CHAPTER 2.113 "GEORGETOWN TRANSPORTATION ADVISORY BOARD;" REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is authorized by Section 2.14 of the City Charter with the power to establish boards, commissions and committees to assist it in carrying out its duties in accordance with State law; and WHEREAS, the City Council now finds it necessary to amend Title 2 of the Code of Ordinances by amending the following advisory boards; and WHEREAS, on October 14, 2014, the Council directed staff to prepare ordinances amending the General Government and Finance Advisory Board, the City Planning and Zoning Commission, the Zoning Board of Adjustment, the Utility Systems Advisory Board, and the Georgetown Transportation Advisory Board; and WHEREAS, the City Council desires that all bylaws and related ordinances for Boards, Commissions, and Committees ('Boards") be maintained following a uniform standard; and WHEREAS, the amendments contained in this ordinance were considered and completed by City Staff for deliberation and approval by the City Council; and WHEREAS, every general ordinance enacted subsequent to codification shall be enacted as an amendment to the Code; and 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. Amending Finance, Planning, and GUS Boards and Commissions Page 1 of 2 Ordinance 2014- Date Approved: Section 2. Portions of the following chapters of the Code of Ordinances are hereby amended as described in Exhibit "A" through "F": Exhibit A - Chapter 2.52 "General Government and Finance Advisory Board" Exhibit B - Chapter 2.48 "City Planning and Zoning Commission" Exhibit C - Chapter 2.49 "Zoning Board of Adjustment" Exhibit D - Chapter 2.64 'Building Standards Commission" Exhibit E - Chapter 2.109 "Utility Systems Advisory Board" Exhibit F - Chapter 2.113 "Georgetown Transportation Advisory Board" Section 3. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full 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 ten (10) 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 of , 2014. PASSED AND APPROVED on Second Reading on the of , 2014. ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle, City Secretary APPROVED AS TO FORM: Bridget Chapman, City Attorney Dale Ross, Mayor Amending Finance, Planning, and GUS Boards and Commissions Page 2 of 2 Ordinance 2014- Date Approved: Exhibit A CHAPTER 2.52. - GENERAL GOVERNMENT AND FINANCE ADVISORY BOARD FOOTNOTE(S): --- (8) --- Editor's note— Prior to the reenactment of Chapter 2.52 by Ord. No. 2013-03, § 2(Exh. A), adopted February 12, 2013, Ord. No. 2001-19, § 2, adopted February 27, 2001, repealed the former Chapter 2.52 in its entirety, which pertained to the Capital Area Planning Council and derived from the prior code, § 19-4. Sec. 2.52.010. - Created; Membership. A. There is hereby created the General Government and Finance Advisory Board of the City of Georgetown (the "Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board will consist of five members. ^ m:,-,:m,,m Three members shall be members of the City Council. The remaining members shall be appointed in accordance with the City Charter. B-.C. All members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. (Ord. No. 2013-03, § 2(Exh. A)) Sec. 2.52.020. - Purpose. It is the purpose and intent of the Council to create an advisory board empowered to review and analyze the general government and finance activities of the City that include but are not limited to the following areas: Finance administration, including the City budg^t fiscal matters, debt and treasury management; accounting and financial reporting; purchasing; the Municipal Court; facilities maintenance including construction and renovation of City facilities; vehicle services; information technology; compensation and benefits; City insurance; and other related items as recommended by the City Manager, and to report, by official vote, their recommendations to the City Council. (Ord. No. 2013-03, § 2(Exh. A)) Exhibit A - Chapter 2.52 "General Government and Finance Advisory Board" Exhibit B CHAPTER 2.48 - GITY PLANNING AND ZONING COMMISSION FOOTNOTE(S): --- (6) --- Editor's note— Ord. No. 2011-20, § 2(Exh. B), adopted May 10, 2011, amended Chapter 2.48 in its entirety to read as herein set out. Formerly, Chapter 2.48 pertained to similar subject matter and derived from the prior code § 19-1(part) — 19-3; Ord. No. 870086.019, § 1; Ord. No. 880371, § 2; Ord. No. 2001-18, § 2; Ord. No. 2007-65, §§ 2, 3, and Ord. No. 2010-16, § 6(Exh. N). Sec. 2.48.010. - Created; membership; qualifications. A. There is created the "Planning and Zoning Commission" of the City of Georgetown (the "Commission"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Commission is composed of seven members. The Commission shall be broadly representative as a whole, and -whenever possible, members shall be drawn example, from different residential areas, different racial and ethnic groups, different occupations and professions, and different interest groups. The members may also be members of the Zoning Board of Adjustment. The members of the Commission shall be appointed in accordance with the City Charter. C. The City Council shall also -appoint three persons who would be qualified to serve on the Commission as Commissioners -in -Training. Commissioners -in -Training shall not serve as alternates or as proxies for any Commissioner, but Commissioners -in -Training shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner or upon the creation of a vacancy on the Commission. , be selected fr-em afnengst the Commissiener-s in Training whenever- pessible and based e-fl. seniority. CL. D. All of the seven members shall be registered voters in the City and must have resided within the City for one year next preceding their appointment. (Ord. No. 2011-20, § 2(Exh. B)) Sec. 2.48.020. - Purpose. The Commission has the power and it shall be its duty: A. To make appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; Exhibit B - Chapter 2.48 "City Planning and Zoning Commission " B. To make plans and maps of the whole or any part or portion of the City and of land outside the City located within five miles of the City limits and any other land outside the City, which, in the opinion of the commission, bears a relation to the planning of the City and to make changes in, additions to and extensions of such plans or maps when it deems the same advisable; C. To act with and assist all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; D. To recommend to the City Council the passage of such ordinances as it may deem necessary to carry out its program; E. To recommend to the City Council the adoption of a comprehensive community plan for the guidance and control of the future development of the community; F. To make studies and recommend to the City Council plans for clearing the City of slums and blighted areas; G. To aid and assist the City Council in the annual preparation of a long range capital improvement budget, and determination of sources of funds therefor; H. To perform such other duties as may be prescribed by ordinance or State law; and I. To function as the City zoning commission and exercise all of those powers and duties permitted by Chapters 211 of the Local Government Code, the City Charter and City ordinances, as each may be amended from time to time. (Ord. No. 2011-20, § 2(Exh. B)) Sec. 2.48.050. - Rules. The Commission has the power to make rules, regulations and bylaws for its own government to the extent provided for in Chapters 211 of the Local Government Code. These rules and regulations shall conform as nearly as possible with those governing the City Council and shall be subject to approval by the City Council. (Ord. No. 2011-20, § 2(Exh. B)) Exhibit B - Chapter 2.48 "City Planning and Zoning Commission " Exhibit C CHAPTER 2.49. - ZONING BOARD OF ADJUSTMENT Sec. 2.49.010. - Establishment. There is created a "Zoning Board of Adjustment" of the City of Georgetown (the "Board") is hereby established in accordance with the provisions of Local Government Code § 211.008. This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. (Ord. No. 2011-20, § 2(Exh. C); Ord. No. 2008-03, § 3, 1-22-08) Sec. 2.49.020. - Membership. A. The Board shall consist of five members. Members shall be appointed in accordance with the City Charter. B. The members may also be members of the Planning and Zoning Commission. B-.C. City Council may remove a member from the Board, for cause, as found on a written charge after a public hearing. CL. D. A vacancy on the Board shall be filled for the unexpired term. (Ord. No. 2011-20, § 2(Exh. C); Ord. No. 2008-03, § 3, 1-22-08) Sec. 2.49.030. - Meetings and hearings to be public. Meetings and hearings of the Board shall be held at the call of the chairman and at such times as the Board may determine. All such meetings and hearings shall be public. Each case before the Board must be heard by at least 75 percent of the members. (Ord. No. 2011-20, § 2(Exh. C); Ord. No. 2008-03, § 3, 1-22-08) Sec. 2.49.040. - Rules and regulations. A. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board's recording secretary and shall be a public record. BApproval of any request shall require four affirmative votes. Any request not approved by affirmative vote of four or more members shall be considered denied. A-. C. The Board may adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter, all of which rules and regulations shall operate uniformly in all cases. (Ord. No. 2011-20, § 2(Exh. C); Ord. No. 2008-03, § 3, 1-22-08) Exhibit C - Chapter 2.49 "Zoning Board of Adjustment" Sec. 2.49.050. - Powers and duties of Board. The Board shall exercise all of the powers and duties permitted by law, including Section 211.008 of the Local Government Code, the City's Unified Development Code, the City Charter and City Ordinances, as each may be amended. (Ord. No. 2011-20, § 2(Exh. C); Ord. No. 2008-03, § 3, 1-22-08) Exhibit C - Chapter 2.49 "Zoning Board of Adjustment" Exhibit D CHAPTER 2.64. - BUILDING STANDARDS COMMISSION FOOTNOTE(S): --- (10) --- Editor's note— Ord. No. 2011-20, § 2(Exh. F), adopted May 5, 2011, amended Chapter 2.64 in its entirety to read as herein set out. Formerly, Chapter 2.64 pertained to similar subject matter and derived from Ord. No. 870265.006 §§ 1(part), 2(part), 3(part); Ord. No. 92-3 § 2; Ord. No. 95-33, § 3; Ord. No. 99-6 § 2, Exh. A; Ord. No. 2001-18, § 3; Ord. No. 2001-76, § 2, 12-11-01, and Ord. No. 2007-13, § 4 Sec. 2.64.010. - Created; Membership. A. There is created and established, in , a 'Building Standards Commission" of the City of Georgetown (the "Commission"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. The Commission shall hear and determine cases concerning alleged violations of ordinances, as authorized by Chapter 54, Subchapter C, Texas Local Government Code and the City Code of Ordinances. B_The Commission shall consist of five members, who shall be appointed for terms of two years. Commission member-s must live in the corporate City limits or in the City4s A minimum of four of the members should be experienced in at least one of the following areas: 1_electrical contracting; 2_real estate profession; 3architecture, engineering; 4. -building construction; 5fire protection; 6_mechanical contracting (heating, ventilation and air conditioning (HVAC); and/or 7— plumbing contracting. One Commission member will serve at -large._ C. A Commission member may be removed by the City Council, for cause, on a written charge. Before the decision regarding removal is made, the City Council shall hold a public hearing on the matter, if so requested by the member that is subject to the removal action. (Ord. No. 2011-20, § 2(Exh. F)) B-.D. Members shall reside within the corporate City limits or within the extraterritorial jurisdiction of the City during the time in which they serve on the Commission. Exhibit D - Chapter 2.64 'Building Standards Commission" Page 1 of 4 Sec. 2.64.040. - Vacancies. If for any reason any member of the Commission is unable to act, resigns from his or her respective position, or is removed for any cause, then the appointment of a successor to fill the unexpired term of that Commission member shall be made in accordance with the City Charter for original appointments. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.050. - Meetings and hearings to be public. Meetings and hearings of the Commission shall be held at the call of the chairman and at such times as the Commission may determine. All such meetings and hearings shall be public. Each case before the Commission must be heard by a majority of the members. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.060. - Rules and regulations. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Commission's recording secretary and shall be a public record. Any request not approved by affirmative vote of three or more members shall be considered denied. The Commission may adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter, all of which rules and regulations shall operate uniformly in all cases. (Ord. No. 2014-26, § 3; Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.080. - Meetings. The Commission has the power to promulgate its own rules governing its meeting and proceedings, subject to the provisions of this article, but the Commission shall have at least one regular meeting each calendar year. Special meetings of the Commission shall be called by the Chairman of the Commission or upon written request of three members of the Commission. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.090. - Appeals —Hearing and deciding. The Commission has the power to hear appeals and render decisions upon rulings and refusals of ruling by the City Building Inspectors or Officials when requests of a modification or a variation from the provisions of the City Code of Ordinances have been made. Whenever a City Building Inspector or Official rejects or refuses to approve the mode or manner of work proposed to be followed or materials to be used in the proposed construction, or when it is claimed that the provisions of this Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his/her duly authorized agent, may appeal the decision of the City official to the Commission. Notice of the appeal shall be in writing and filed within 90 days after the decision is rendered by the City official. Exhibit D - Chapter 2.64 'Building Standards Commission" Page 2 of 4 (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.100. - Appeals —Notice. A. Such appeals shall be perfected by giving written notice containing the following information to the Chairman of the Commission: 1. Name and address of person making appeal; 2. Facts surrounding the particular ruling or refusal to make ruling; 3. The ruling, if any, of the City Building Official; and 4. Reasons why such ruling should be set aside, or, if the ruling was refused, why such ruling should be made. B. The person making the appeal shall send copies of such appeal to the Building Official and the City Attorney. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.110. - Appeal —Time limitation. In case of a building or structure which, in the opinion of the Building Official, is unsafe or dangerous, the Building Official may, in his order, limit the time of such appeal to a shorter period. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.120. - Hearing —Notice. Upon receiving a notice of appeal, the Chairman of the Commission shall make an order setting the appeal for hearing at a specified time and place, and shall give notice of such information in writing to the person making the appeal, and the Building Official, and the City Attorney. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.130. - Hearing —Time and place. The hearing shall be held as soon as is practicable, and in all cases shall be within two weeks after the notice of appeal is received by the Chairman of the Commission, unless the person making the appeal requests in writing that he or she be granted additional time. If such person has failed to make his/her appearance at the proper time and place to present his/her appeal, then at the next consecutive regular meeting of the Commission after such notice of appeal has been received by the Chairman, said appeal shall be dismissed by the Commission. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.140. - Hearing —Decision. The Commission shall, in every case, reach a decision without unreasonable or unnecessary delay. If a decision of the Commission reverses or modifies a refusal, order, or disallowance of the Building Official, or varies the application of any provision of this Code, the Building Official shall immediately take action in accordance with such decision. (Ord. No. 2011-20, § 2(Exh. F)) Exhibit D - Chapter 2.64 'Building Standards Commission" Page 3 of 4 Sec. 2.64.150. - Variance of provisions. The Commission, after hearing an appeal, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reversed. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.160. - Decision to be final. Every decision of the Commission shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. (Ord. No. 2011-20, § 2(Exh. F)) Sec. 2.64.170. - Building Official ruling effective pending appeal. During the pendency of the appeal to the Commission, the ruling or refusal of the Building Official shall be in full force and effect. (Ord. No. 2011-20, § 2(Exh. F)) Exhibit D - Chapter 2.64 'Building Standards Commission" Page 4 of 4 Exhibit E CHAPTER 2.109. - UTILITY SYSTEMS ADVISORY BOARD FOOTNOTE(S): --- (14) --- Editor's note— Ord. No. 2011-20, § 2(Exh. M), adopted May 10, 2011, amended Chapter 2.109 in its entirety to read as herein set out. Formerly, Chapter 2.109, § § 2.109.0102.109.070 pertained to similar subject matter and derived from Ord. No. 2002-13, § 2, and Ord. No. 2003- 70,§2 Sec. 2.109.010. - Created; membership. A. There is hereby created the "Utility Systems Advisory Board" of the City ("the Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board will consist of seven members. ^ ,v,;n;,v,,,,v, Two members shall be members of the City Council. The remaining members shall be appointed in accordance with the City Charter. Whenever, a€possible, members shall have expertise in the areas of: 1. water/wastewater; 2. construction standards; 3. electricity; or 4. environmental engineering/stormwater drainage. A-.C. All members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. (Ord. No. 2011-20, § 2(Exh. M)) Sec. 2.109.030. - Purpose. It is the purpose and intent of the Council to create an advisory board empowered to review and analyze the policies and resources of the Georgetown Utility Systems for purposes of providing advice to the Council concerning the business aspects of such policies and resources as they relate to City funded capital improvements projects, utility services, resource supplies, water, wastewater, stormwater and electric rates, impact fees, and other Council -assigned projects, and to report, by official vote, their recommendations to the City Council. (Ord. No. 2011-20, § 2(Exh. M)) Exhibit E - Chapter 2.109 "Utility Systems Advisory Board" Exhibit F CHAPTER 2.113. - GEORGETOWN TRANSPOR TA TION AD VISOR Y BOARD FOOTNOTE(S): --- (18) --- Editor's note— Ord. No. 2011-20, § 2(Exh. P), adopted May 10, 2011, amended Chapter 2.113 in its entirety to read as herein set out. Formerly, Chapter 2.113, § § 2.113.0102.112.070 pertained to similar subject matter and derived from Ord. No. 2005-40, § 2 Sec. 2.113.010. - Created; membership. A. There is hereby created the "Georgetown Transportation Advisory Board" of the City of Georgetown (the 'Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36, City Commissions, Committees, and Boards. B. The Board will consist of nine members. 1. Two members shall , r o than t-wo f whi ," - i be members of the City Council; and 2. Two members shall have expertise in the aviation field; and One member shall be from the Georgetown Transportation Enhancement Corporation (GTEC), preferably the chairperson; and 4. One member shall be from the Georgetown Planning and Zoning Commission, preferably the chairperson; and The remaining three members shall be citizens appointed in accordance with the City Charter. C. All members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. (Ord. No. 2013-04, § 3(Exh. A); Ord. No. 2011-20, § 2(Exh. P)) Sec. 2.113.030. - Purpose. A. The purpose and goals of the Board shall be: 1. To assist in the development of a continuing, comprehensive, multi -modal transportation planning process carried on cooperatively with State and local transportation agencies in concurrence with State and Federal guidelines; 2. To advise the City Council on the status of the needs identified through the continuing multi -modal transportation planning process; 3. To facilitate coordination and communication between policy boards and agencies represented on the T,.,,,.spei4atio,,Advisory Board+TA4); 4. To assist the general public in understanding transportation decisions and policies of the boards; Exhibit F - Chapter 2.113 "Georgetown Transportation Advisory Board" 5. To act as a conduit for cooperative decision making by transportation officials of this urbanized area in cooperation with Federal, State, Regional, County, and local transportation agencies, thereby serving as the basis for a integrative transportation planning process; 6. To review items related to transportation improvements, transportation modeling, transportation development, transportation planning, transportation infrastructure, and stormwater and conveyance systems, including, but not limited to, streets, roads, sidewalks, highways, freeways, aviation, transit services, and rail; 7. To review items related to safety, construction, leases, charges, maintenance and the operation of the airport; 8. To review/recommend various potential funding mechanisms to conduct necessary transportation improvements and projects; and 9. To make recommendations and advise the City Council on matters requiring Council action or direction as prepared by staff for Council consideration. B. The responsibilities of the Board shall include: 1. Establishment of short-term and long-term goals and objectives for the transportation planning process; 2. Review and recommend approval of transportation planning, design and implementation projects for the City; 3. Review and recommend approval of leases, rates and other revenue options related to transportation and stormwater utilities; 4. Review and recommend changes to the Urbanized Area Boundary, the Transportation Planning Area Boundary, the Overall Transportation Plan (OTP), Airport Master Plan, and other special area transportation, stormwater and drainage studies; 5. Review and recommend changes to the adopted CAMP-0-Capital Area Metropolitan Planning Organization Comprehensive Transportation Plan; and 6. Review and recommend approval of the City's Transportation Capital Improvement Program (TCIP) for multi -modal capital and operating expenditures to insure coordination between local, County, Regional, and State capital and operating improvement programs. (Ord. No. 2013-04, § 3(Exh. A); Ord. No. 2011-20, § 2(Exh. P)) Exhibit F - Chapter 2.113 "Georgetown Transportation Advisory Board" City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for a Rezoning of 6.36 acres in the Antonio Flores Survey, from Residential Single-family (RS) District to Public Facility (PF) District, known as Church on the Rock, located at 925 Golden Oaks Drive -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: The applicant has requested rezoning of 6.36-acres from Residential Single-family (RS) District to Public Facility (PF) District for the continued church use. The church is proposing to make modifications to their approved Site Plan and would like to bring their site into greater compatibility with City ordinances. While church use is allowed in the RS District, the City has added a PF zoning district that provides standards more appropriate to civic uses such as schools, public parks, hospitals, airports, government offices, churches and other related uses. Therefore a rezoning from RS District to PF District is being requested as it is deemed desirable for the long term use of the property. Public Comments: No public comments have been received as of the writing of this report. Planning and Zoning Commission Recommendation: The Public Hearing was opened at the September 16, 2014 Regular Meeting of the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the proposed rezoning by a vote of 5-0. Public Hearing and First Reading: First Reading of the Ordinance was held at the City Council meeting on October 14, 2014. A public hearing was held and closed with no speakers. Staff made a presentation and the Council voted 7-0 to approve the request. FINANCIAL IMPACT: The applicant has paid the required fees. SUBMITTED BY: Carla J. Benton ATTACHMENTS: Staff Report Ordinance Ord Exhibit A Ord Exhibit B Georgetown Planning Department Staff Report Report Date: September 3, 2014 File No: REZ-2014-017 Project Planner: Carla Benton, Planner Item Details Project Name: Church on the Rock Location: 925 Golden Oaks Drive (See Exhibit 1) Total Acreage: 6.36 acres Legal Description: 6.36 acres in the Antonio Flores Survey Applicant: Dennis Hattabaugh Property Owner: Dennis Hattabaugh, Church on the Rock Contact: Dennis Hattabaugh Existing Use: Church Existing Zoning: Residential Single-family (RS) District Proposed Zoning: Public Facility (PF) District Future Land Use: Specialty Mixed -Use Area and Open Space Growth Tier: Tier lA Overview of Applicant's Request The applicant has requested rezoning of 6.36-acres from Residential Single-family (RS) District to Public Facility (PF) District for the continued church use. The church is proposing to make modifications to their approved Site Plan and would like to bring their site into greater compatibility with City ordinances. While church use is allowed in the RS District, the City has added a PF zoning district that provides standards more appropriate to civic uses such as schools, public parks, hospitals, airports, government offices, churches and other related uses. Therefore a rezoning from RS District to PF District is being requested as it is deemed desirable for the long-term use of the property. Site Information Location: This property is located at the intersection of Golden Oaks Drive and Airport Road. (See Exhibit 1) Physical Characteristics: The 6.36-acre tract is located adjacent to a significant drainage way that impacts the north portion of their property. The site is developed with a church facility with moderate tree coverage. Church on the Rock, Rezoning, RS to PF Page 1 of 4 Planning & Development Staff Report Surrounding Properties: Location Zoning Future Land Use Existing Use North Residential Single- Employment Center, Undeveloped land family (RS) and Open Space South Residential Single- Specialty Mixed -Use Undeveloped land family (RS) Area General Commercial Specialty Mixed -Use Hardtails Bar, Retail and East (C-3) Area and Open Space residence West ETJ Specialty Mixed -Use Golden Oaks Subdivision Area and Open Space In 1987 the City annexed the property by Ordinance #870403. At that time, the initial zoning district assigned to annexed property was Residential Single-family (RS) District. A phased Site Plan for the church construction was approved in 2006 with a Revised Site Plan approved in 2010. 2030 Plan Conformance The proposed rezoning is in conformance with the 2030 Plan land use designation of Specialty Mixed - Use Area. This category envisions a well -planned center designed to integrate a variety of complementary uses. These centers may include civic facilities and green spaces. This particular property is located on the outskirts of the Specialty Mixed -Use Area, along a large open space corridor and the proposed use is consistent with the civic nature anticipated for the Specialty Mixed -Use Area category. The 2030 Plan Growth Tier Map designation is Tier IA, is that portion of the city where Church on the Rock, Rezoning, RS to PF Page 2 of 4 Planning & Development Staff Report infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. Proposed Zoning District The Public Facilities (PF) District is intended to provide a location for government and other public or quasi -public facility operations. These may include schools, public parks, hospitals, airports, government offices, churches and other related uses. Some uses allowed in this District might generate heavy traffic volumes and high -intensity operations. The PF District shall contain uses that are allowed in both residential and non-residential districts and is subject to non-residential design and landscaping standards for compatibility with nearby or adjacent residential uses. The Unified Development Code, Chapter 5.03.010, identifies the Religious Assembly Use Category as allowed within all zoning districts with the exception of Manufactured Home (MH) District and Industrial (IN) District with the following limitations: 1. Any outdoor recreational playing field shall be set back 50 feet from any property line. 2. The principal vehicular entrance and exit shall be located on a collector -level street or higher. The proposed rezoning is in compliance with the limitations noted above. Utilities Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Access to this site on Golden Oaks Drive is provided via Airport Road from the IH-35 frontage road. A Traffic Impact Analysis was not required with this application as they do not exceed the average daily trips requiring a study. L"re Application(s) The following applications will be required to be submitted: • No additional application are required in relation to this rezoning. Staff Analysis Staff is supportive of the requested PF for the following reasons: 1. The Future Land Use designation of Specialty Mixed -Use Area as approved by City Council for this particular area supports the proposed civic development of the church. 2. The existingzoning oning situation of the surrounding area is primarily Residential Single-family, and General Commercial. The limitations placed on Religious Assembly are being met by this applicant. 3. The surroundingdeveloped eveloped uses include residential, undeveloped land and commercial uses. Staff is supportive of the proposed rezoning as the existing use is compatible and consistent with the Future Land Use Plan of civic uses and open space that would include church use. Church on the Rock, Rezoning, RS to PF Page 3 of 4 Planning & Development Staff Report &iblic Comments A total of 4 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on August 31, 2014. No written public comments have been received as of the writing of this report. Attachments Exhibit 1 — Future Land Use Map Exhibit 2 — Zoning Map Meetings Schedule September 16, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading (pending) October 28, 2014 — City Council Second Reading (pending) Church on the Rock, Rezoning, RS to PF Page 4 of 4 ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map for 6.36 acres in the Antonio Flores Survey, from Residential Single-family (RS) District to Public Facility (PF) District, to be known as Church on the Rock; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12t', day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): 6.36 acres in the Antonio Flores Survey, as recorded in Instrument # 2005006460 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on September 16, 2014 held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Ordinance Number: Description: Church on the Rock Date Approved: October 28, 2014 Page 1 of 2 Exhibits A & B Attached Case File Number: REZ-2014-017 Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Residential Single-family (RS) District to Public Facility (PF) District, in accordance with the attached Exhibit A (Location Map) and Exhibit B (Field Notes) incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 14th day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 28th day of October, 2014. THE CITY OF GEORGETOWN: Jessica Brettle City Secretary APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Description: Church on the Rock Date Approved: October 28, 2014 ATTEST: Dale Ross Mayor Page 2 of 2 Exhibits A & B Attached Case File Number: REZ-2014-017 EST. 1141 GEORGETOWN TEXAS REZ-2014-017 Exhibit #1 - . . . ` CITY OF G ,ORGV, Georgetown ETJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . . . . . . . . . . . . . . . . / . . . . . . . . . . . . . . . / . . . . . . . . . . . . . . . / . . . . . . . . . . . . . . / • GOLDEN-OAKS-RD f . . . . . . . . . I City Limits(] �S!Wf, N Street Site 12 Legend ® Site = Parcels © City Limits 0 Georgetown ETJ Coordinate System: Texas State Plane/Central Zone/[VAD 83/US Feet Cartographic Data For General Planning Purposes Only Mo 1,080 LEGAL DESCRIPTION FOR: Church on the Rock Georgetown, Inc.: BEING 6.36 acres of land situated in the Antonio Flores Survey, Abstract No. 235, in Williamson County, Texas, being that certain tract of land, called 6.37 acres, as conveyed to Barbara Petrosky or Julia Rister Williams Trustee, or the successor Trustees, under the B & B Trust dated February 12, 2004, by deed recorded as Document No. 2004037888 of the Official Records Williamson County, Texas. Surveyed on the ground in the month of January, 2005, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows: BEGINNING at a mag nail found at the intersection of the west line of County Road No. 190 (Airport Road) and the north line of Shady Hollow Drive, marking the Southeast corner of the above -referenced Petrosky or Williams, Trustees, tract, for the Southeast corner hereof; THENCE, along the said north line of Shady Hollow Drive, N860 38, W, 546.60 feet to an iron pin found marking the Southwest comer of the said Petrosky or Williams, Trustees, tract, being the Southeast corner of Lot 33 of Golden Oaks, a subdivision of record in Cabinet B, Slide 394, of the Plat Records of Williamson County, Texas, for the Southwest corner hereof, THENCE, N21° 48' 30" E, 651.98 feet to an iron pin found on the south line of the certain Third Tract, called 11 acres, as conveyed to J.S. Cockc by deed as recorded in Volume 268, Page 104, of the Deed Records of Williamson County, Texas, marking the Northwest corner of the said Petrosky or Williams, Trustecs, tract, being the Northeast comer of the said Lot 33 of Golden Oaks, for the Northwest corner hereof; THENCE, N 81° 45% 320.10 feet to an iron pin found on the said West line of County Road No. 190, marking the northeast comer of the said Petrosky or Williams Trustees, trace, being the southeast comer of the said Cocke Third tract, for the northeast corner hereof; THENCE, along the said west line of County Road No. 190, S° 107' W, 683.49 feet to the Place of BEGINNING and containing 6.36 acres of land. STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON } I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, and that said property has access to and from a dedicated roadway, to the best of my knowledge and belief. To certify )yhich, witness my hand a d seal at Georgetown, Williamson County, Texas, this the ZL day of 924 "11 , 2001,'A.D. Don H. Binell Registered Professional iAn8 Sury 2218 State of Texas OF Job f120617 S Steger & Bizzell Engineering, Inc. B Consulting gnginem Surveyors T,Nph, :Qt23 M14 It 107e eaue, Aunt A- Fra�nl�:ltl Zf OW44is i3MPlow^• Taw )eG0 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance on a Rezoning of Knuckle Down Subdivision, Lot 1, from the Industrial (IN) District to the General Commercial (C-3) District, known as Jimmy Jacobs Office Building, located at 4411 South IH-35 -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: The applicant has requested to rezone the property from the Industrial (IN) District to the General Commercial (C-3) District. The Future Land Use map designates the property for Regional Commercial land uses, which supports the General Commercial District and the permitted uses and development standards of that District. The property is currently partially developed with an office building and parking lot. Public Comment: One (1) written public comment, in support of the request, has been received to date. Planning and Zoning Commission Meeting of September 16, 2014: On September 16, 2014, the Commission held a public hearing, with no speakers. The Commission voted 5-0 to recommend approval of the request to Council. City Council Meeting of October 14, 2014: On October 14, 2014, the City Council held a public hearing on this application; there were no speakers. The Council then voted 7-0 to approve the request. Recommended Motion: Approval of the request to rezone Knuckle Down Subdivision, Lot 1 from the Industrial (IN) District to the General Commercial (C-3) District. FINANCIAL IMPACT: None. The applicant has paid the required fees. SUBMITTED BY: Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director ATTACHMENTS: Staff Report Exhibit 1 - Future Land Use Map Exhibit 2 - Zoning p ORDINANCE Ordinance Exhibit A - Location Map Ordinance Exhibit B - Legal Description Georgetown Planning Department Staff Report Report Date: File No: Project Planner: Item Details Project Name: Project Address: Location: Total Acreage: Legal Description: Applicant: Property Owner: Contacts: Existing Use: Existing Zoning: Proposed Zoning: Future Land Use: Growth Tier: September 10, 2014 REZ-2014-018 Mike Elabarger, Senior Planner Jimmy Jacobs Office Building 4411 S. IH-35 Interstate 35 Northbound frontage Road, south of Southeast Inner Loop 2.34 acres Knuckle Down Subdivision, Lot 1 David Platt, Steger and Bizzell Jimmy Jacobs David Platt, Steger and Bizzell Office Building with parking Industrial (IN) District General Commercial (C-3) District Regional Commercial Tier IA Overview Applicant's Request The applicant has requested to rezone the property from the Industrial (IN) District to the General Commercial (C-3) District. The lot is currently developed with an office building and parking lot. Site Information Location: This property is located on the east side of Interstate 35 Northbound frontage Road, south of the Southeast Inner Loop and north of Blue Springs Boulevard. See Exhibits 1 and 2. Physical Characteristics: The property is developed with an office building converted from the former Candle Factory building. A parking lot sits north of the building, and approximately half of the lot is undeveloped. Surrounding Properties: The surrounding properties are mostly vacant and commonly owned. Interstate 35 bounds the lot to the west (See 2014 Aerial on next page). Location Zoning Future Land Use Existing Use North IN — Industrial District Regional Commercial Undeveloped South IN — Industrial District Regional Commercial Undeveloped East IN — Industrial District / ETJ Regional Commercial / Employment Center Undeveloped West Interstate 35 / C-3 — General Commercial Interstate 35 / Regional Commercial Interstate 35 Jimmy Jacobs Building - Rezoning Page 1 of 3 IN to C-3 Planning Department Staff Report Property History I& The property was platted in 1994 (Knuckle Down Subdivision, Document No. 1994022670) and annexed in 1987 (Annexation Ordinance 87-0407). The property was rezoned in 1994, from Residential Single- family (RS) District [from the annexation] to the Industrial (IN) District. The exact date of the initial development of the property (Candle Factory) is unknown. 2030 Plan Conformance Land Use: The proposed rezoning is in conformance with the 2030 Plan future land use designations (see Exhibit 1). Generally, the Regional Commercial (RC) category applies to large concentrations of commercial uses that serve or draw a regional market, such as major shopping centers, stand alone big -box retail, tourist attractions, and auto -oriented commercial uses that rely on the convenient accesss of major transportation routes and highway interchanges. The large landholding to the east is expected to become a regional draw for a variety of uses. Growth Tier: The 2030 Plan Growth Tier Map designation is Tier IA, that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. Wing Distri The General Commercial (C-3) District is intended to provide a location for general commercial and retail activities that serve the entire community and its visitors. Uses may be large in scale and generate substantial traffic, making the C-3 District only appropriate along freeways and major arterials. The District is appropriate in areas planned as Community Commercial, Regional Commercial or Employment Center, generally, or based on specific site circumstances. The C-3 District has a minimum district size Jimmy Jacobs Building - Rezoning Page 2 of 3 IN to C-3 Planning Department Staff Report requirement of 5 acres; this 2.34 acre property would join the C-3 District on the west side of Interstate 35 to create a 12.2 acre District. Utilities Water and wastewater are served by the City of Georgetown; the site is dual -served for electricity by the City and TXU. There are no anticipated issues with providing utilities based on the development standards of the proposed district. Transportation Currently, the only access to this property is from the northbound frontage road. Future access is possible when the properties surrounding it are eventually developed. Frontage road improvements, and future enlargement of the Southeast Inner Loop will improve access to the site. Intpre Application(s) Should further development occur on the site, the following applications will be required to be submitted: • Site Plan / Construction Plan for commercial development; • Building permits for construction; • Certificates of Occupancy. Staff Analysis Staff is supportive of the requested rezoning for the following reasons: 1. The Future Land Use designation of Regional Commercial supports the proposed district. 2. The existingzoning oning situation of the property limits potential future tenants of an additional office building should it be constructed. 3. The surroundings properties are mostly undeveloped, with Industrial and General Commercial zoning nearby, and ETJ further to the east. Inter Departmental, Governmental and Agency Comments None Public Comments One (1) notice was sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on August 31, 2014. As of the writing of this report, no written comments have been received. Meetings Schedule, September 16, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading and Public Hearing October 28, 2014 — City Council Second Reading Exhibit 1 — Future Land Use Map Exhibit 2 — Zoning Map Jimmy Jacobs Building - Rezoning Page 3 of 3 IN to C-3 Future Land Use / Overall Transportation Plan Legend ® Site REZ-2014-018 Parcels �IT1648 ©City Limits AGEOETOWNExhibit #2 �Geor etown ETJ EXAS 9 AEST.W. N EXAS Zoning Information REZ-2014-018 Exhibit #3 . . . . . . . . . . . . . . . . . . . . . . . . . ................ CP U3 M . . . . . . . . . . . . . . . . . X . . . . . . . . . . . . . . . . . . . . . . . . . . :z . . . . .. . . . . . . . . . . . . . ... . . . . Legend M Site Parcels ©City Limits E= Georgetown ETJ ........ ......... .......... ...... .... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... .... . ............ ..... . . . . . . . . .. . . . . . . . .. . CW Zoning Classification . . . . AG BP c I M C-3 GN IN &L MF-I M MF 2 MH MU . . . . OF M PF RL RS TF TH Coordinate System: I ;ja PI-6/Central Zbne/NAD 83/US' s S to ra� is Data For General Planning Purpo ly MIMI ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone Knuckle Down Subdivision, Lot 1, from the Industrial (IN) District to the General Commercial (C-3) District; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12th day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): Knuckle Down Subdivision, Lot 1, as recorded in Document Number 1994022670 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on September 16,2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Ordinance Number: Description: IN to C-3 Date Approved: Page 1 of 2 Case File Number: REZ-2014-018 Exhibits A-B Attached Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Industrial District (IN) to the General Commercial District (C-3), in accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 141h day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 28th day of October, 2014. THE CITY OF GEORGETOWN: Dale Ross Mayor APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Description: IN to C-3 Date Approved: ATTEST: Jessica Brettle City Secretary Page 2 of 2 Case File Number: REZ-2014-018 Exhibits A-B Attached REZ-2014-018 EST. 1848 GEORGETOWN TEXAS Exhibit #1 Legend ® Site = Parcels © City Limits 0 Georgetown ETJ CO �. . . . . . . . . . . . . . . 1............. ... z M / . . . J . QN�N / . . . . . e / . . . . . . . . /.1. . . . . . . . . . . . . SE ��"er Loop . . . / o . . . . . . . . . . . . . . . Site . . . . . . . . . . . . . . . . City Limits 0 N Street Site ® /m N Coordinate System: m Texas State Plane/Central Zone/NAD 83/US Feet 0 500 1,000 Cartographic Data For General Planning Purposes Only poet rn D 30' x 15' EXIST. SEPTIC DRAINFIELD 0 (711 LEGEND MYERS I VOL.676, PG.326 Y= 350,856.42 X=2,832,844.68 207. 2S S 75°12' E Y= 350,764,43 X=2,833,190.89 ) 150.98' S 75°00' 3d' E 15' BLDG. LINE it c+ r•.."•. Z OD 0 rn CD �-Ln CID CD Lit 2.34 ACRES,..,0 rn 750 GAL. SEPTIC TANK �? V r.rV • W•• Y= 350,575.77 X=2,832 ,800.83 a NAIL SET • NAIL FOUND • IRON PIN FOUND 0 IRON PIN SET 0 CONC. R.O.W. MONUMENT FOUND P.U.E. INDICATES PUBLIC UTILITY EASEMENT P wBq o ` T o` �+ SAN 2 bars nE o GABRIEL • 8 E�°^t ?srsr � HEIGHTS O CEN : EAryOER RO .jam n • RIVER RIDGE r PLEASAN`el � f^• VALLEY a�E c 01. Na Foxumws 9 w TAw�AU R1D6EwOp0 Cr . GEORGcTOWN� ' 2. souo.uo(s[CT. ERRA VIST4.•'r 1 MDEA"AT CV. . 'NNER SPACE i' CAVERNS RABBIT HOLLOW WILLIAMSON COUNTY SITE WILLIAMSON COUNTY/jZ/% 100 50 0 too 200 SCALE IN FEET a- 350,482,53 = 2,833, 149,01 15' BLDG. LINE N 75°00.39"W 360.44 -r PERIMETER FIELD NOTES BEING 2.34 acres of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, in Williamson County, Texas, said land being that certain tract of land, called 1.0 acre, as conveyed to Wax, Inc. by deed as recorded in Volume 1549, Page 353, of the Deed Records of Williamson County, Texas, and that certain tract of land, called 1.34 acres, as conveyed to Wax, Inc., by deed as recorded in Volume 2441, Page 394, of the Official Records of Williamson County, Texas. Surveyed on the ground in the month of January, 1994, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found on the east line of Interstate Highway No. 35, marking the y, ! Northwest comer of the above -referenced 1.0 acre tract, for the Northwest comer hereof; THENCE, S75e12'E, 207.23 feet to a nail found marking the Northeast comer of the said 1.0 acre tract, being the most northerly Northwest comer of the above -referenced 1.34 acre tract, and S75000'30"E, 150.98 feet to an iron pin found marking the Northeast comer of the said 1.34 F 'LEE) FOR RECORr, acre tract, for the Northeast comer hereof; THENCE, S8e27'W, 285.00 feet to an iron pin found marking the Southeast comer of the said �A _. 1 t 1,34 acre tract, for the Southeast comer hereof; f ° THENCE, N75e00'30"W, 360.44 feet to an iron pin found on the said east line of Interstate : t Highway No. 35, marking the Southwest comer of the said 1.34 acre tract, for the Southwest comer hereof; THENCE, along the said east line of Interstate Highway No. 35, N8e53'E, at 75.43 feet pass the most westerly Northwest comer of the said 1.34 acre tract, for a total distance of 284.01 feet, in all, to the Place of BEGINNING and containing 2.34 acres of land. STATE OF TEXAS { KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON { 1, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, that said property has access to and from a dedicated roadway, and that the perimeter field notes hereon have a mathematical closure in compliance with standards as set out in the "Manual of Practice" of the Texas Society of Professional Surveyors, to the best of my knowledge and belief. TO CERTIFY WHICH, WITN SS my hand and seal t Georgetown, Williamson County, Texas, this the .��: Tr day of , 19,M, A. D. IF on H. Bizzell ea; Registered Profe I Land Surveyor, No. 2218 � • : • • • .. State of Texas D� NOTES: + 70 B %0� -**0 �O �U 44 :. 1. Total acres: 2.34 r 2. Number of lots: 1 ®` 3. Number of blocks: 1 4. Proposed use: Industrial 5. Area of smallest lot: 2.34 Ac. 6. There is no area within the boundaries of this subdivision in the 100-year Flood Plain as defined by FIRM Map Number 48491CO230C, effective date of September 27, 1991. 7. This tract is located in the Edwards Aquifer Recharge Zone. No construction may begin until a Water Pollution Abatement Plan has been approved by the Texas Natural Resource Conservation Commission. 8. Water " electric service will be provided by the City of Georgetown. 9. In order to promote drainage away from a structure, the slab elevation should be built at one foot above the surrounding ground, and the ground should be graded away from the structure, at a slope of 1/2" per foot for a distance of at least 10 feet. 10. The provisions of the Century Plan • Development Plan shall also govern this property. This property is designated intensity level 5. 11. Maximum impervious cover. 70% 12. A detailed development plan (DDP) must be approved prior to further development of this property. 13. Zoning: Existing IRS; Proposed 1 14. The bugs on this plat have been rotated to the Texas Plane Coordinate System. 15. No structure or land on this plat shall hereafter be located, altered or have its use changed without first submitting a Certificate of Compliance Application to the Williamson County Flood Plain Administrator. 16. This subdivision is located within the ETJ and the city limits of the City of Georgetown. 17. The lot will be served by an onsite wastewater system until City sewer service is available to the site. 18. All dwells, trailers, or mobile homes placed on subdivision lots or ranchettes must be connected to septic tanks or disposal facilities meeting the specifications and conditions of the state Department of Health and the private sewage facility regulations applicable to Williamson County as of the date of applications. 19. Maintenance of drainage easements shall be the responsibility of the property owner. KNUCKLE DOWN SUBDIVISION 20. Prior to grading, any type of earth moving, construction of, on or under the land in this subdivision, a drainage plan designed by a registered professional engineer shall be submitted for the proposed development, and modifications thereof to the A 2.34 ACRE SUBDIVISION SITUATED IN THE CommLmwnees Court of Williamson County for a review and approval. LEWIS DY C H E S SURVEY ,ABSTRACT N o . 180 WILLIAMSON COUNTY, TEXAS OWNER: Steger 8z Bizzell Engineering, Inc. PAUL NUCKOLLS Consulting Engineers Surveyors 4411 SOUTH I. H. 35 D GEORGETOWN, TEXAS 78626 Telephone: Facsimile: 1978 South Austin Avenue Georgetown: (512)863-4521 (512)863-4523 Post Office Box 858 Austin Area: (512)255.2582 (512)255-2632 Georgetown, Texas 70627 Taylor: (512)352.2254 (512)352-Mi ATE: DEC., 1993 JOB No. 16331 PERIMETER FIELD NOTES BEING 2.34 acres of land, situated in the Lewis J. Dyches Survey, Abstract No. 180, in Williamson County, Texas, said land being that certain tract of land, called 1.0 acre, as conveyed to Wax, Inc. by deed as recorded in Volume 1549, Page 353, of the Deed Records of Williamson County, Texas, and that certain tract of land, called 1.34 acres, as conveyed to Wax, Inc., by deed as recorded in Volume 2441, Page 394, of the Official Records of Williamson County, Texas. Surveyed on the ground in the month of January, 1994, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found on the east line of Interstate Highway No. 35, marking the y, ! Northwest comer of the above -referenced 1.0 acre tract, for the Northwest comer hereof; THENCE, S75e12'E, 207.23 feet to a nail found marking the Northeast comer of the said 1.0 acre tract, being the most northerly Northwest comer of the above -referenced 1.34 acre tract, and S75000'30"E, 150.98 feet to an iron pin found marking the Northeast comer of the said 1.34 F 'LEE) FOR RECORr, acre tract, for the Northeast comer hereof; THENCE, S8e27'W, 285.00 feet to an iron pin found marking the Southeast comer of the said �A _. 1 t 1,34 acre tract, for the Southeast comer hereof; f ° THENCE, N75e00'30"W, 360.44 feet to an iron pin found on the said east line of Interstate : t Highway No. 35, marking the Southwest comer of the said 1.34 acre tract, for the Southwest comer hereof; THENCE, along the said east line of Interstate Highway No. 35, N8e53'E, at 75.43 feet pass the most westerly Northwest comer of the said 1.34 acre tract, for a total distance of 284.01 feet, in all, to the Place of BEGINNING and containing 2.34 acres of land. STATE OF TEXAS { KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON { 1, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, that said property has access to and from a dedicated roadway, and that the perimeter field notes hereon have a mathematical closure in compliance with standards as set out in the "Manual of Practice" of the Texas Society of Professional Surveyors, to the best of my knowledge and belief. TO CERTIFY WHICH, WITN SS my hand and seal t Georgetown, Williamson County, Texas, this the .��: Tr day of , 19,M, A. D. IF on H. Bizzell ea; Registered Profe I Land Surveyor, No. 2218 � • : • • • .. State of Texas D� NOTES: + 70 B %0� -**0 �O �U 44 :. 1. Total acres: 2.34 r 2. Number of lots: 1 ®` 3. Number of blocks: 1 4. Proposed use: Industrial 5. Area of smallest lot: 2.34 Ac. 6. There is no area within the boundaries of this subdivision in the 100-year Flood Plain as defined by FIRM Map Number 48491CO230C, effective date of September 27, 1991. 7. This tract is located in the Edwards Aquifer Recharge Zone. No construction may begin until a Water Pollution Abatement Plan has been approved by the Texas Natural Resource Conservation Commission. 8. Water " electric service will be provided by the City of Georgetown. 9. In order to promote drainage away from a structure, the slab elevation should be built at one foot above the surrounding ground, and the ground should be graded away from the structure, at a slope of 1/2" per foot for a distance of at least 10 feet. 10. The provisions of the Century Plan • Development Plan shall also govern this property. This property is designated intensity level 5. 11. Maximum impervious cover. 70% 12. A detailed development plan (DDP) must be approved prior to further development of this property. 13. Zoning: Existing IRS; Proposed 1 14. The bugs on this plat have been rotated to the Texas Plane Coordinate System. 15. No structure or land on this plat shall hereafter be located, altered or have its use changed without first submitting a Certificate of Compliance Application to the Williamson County Flood Plain Administrator. 16. This subdivision is located within the ETJ and the city limits of the City of Georgetown. 17. The lot will be served by an onsite wastewater system until City sewer service is available to the site. 18. All dwells, trailers, or mobile homes placed on subdivision lots or ranchettes must be connected to septic tanks or disposal facilities meeting the specifications and conditions of the state Department of Health and the private sewage facility regulations applicable to Williamson County as of the date of applications. 19. Maintenance of drainage easements shall be the responsibility of the property owner. KNUCKLE DOWN SUBDIVISION 20. Prior to grading, any type of earth moving, construction of, on or under the land in this subdivision, a drainage plan designed by a registered professional engineer shall be submitted for the proposed development, and modifications thereof to the A 2.34 ACRE SUBDIVISION SITUATED IN THE CommLmwnees Court of Williamson County for a review and approval. LEWIS DY C H E S SURVEY ,ABSTRACT N o . 180 WILLIAMSON COUNTY, TEXAS OWNER: Steger 8z Bizzell Engineering, Inc. PAUL NUCKOLLS Consulting Engineers Surveyors 4411 SOUTH I. H. 35 D GEORGETOWN, TEXAS 78626 Telephone: Facsimile: 1978 South Austin Avenue Georgetown: (512)863-4521 (512)863-4523 Post Office Box 858 Austin Area: (512)255.2582 (512)255-2632 Georgetown, Texas 70627 Taylor: (512)352.2254 (512)352-Mi ATE: DEC., 1993 JOB No. 16331 COMMISSIONERS' COURT APPROVAL STATE OF TEXAS { KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON ( I, Don H. Bizzell, Registered Professional Engineer, do hereby certify that this subdivision is in the Edwards Aquifer Recharge Zone. No lot within this subdivision is encroached by any Special Flood Hazard Areas inundated by 100-Year Flood as identified by the U. S. Federal Emergency Management Agency Boundary Map (Flood Insurance Rate Map), Community -Panel Number 48491 COI 15C and, effective date September 27, 1991. Each lot contains more than 6,000 sq. ft. of land. The engineering work for the roads and drainage (including driveway drain pipes) within the subdivision have been completed in compliance with the Williamson County Subdivision Regulations (including the Engineering Guidelines incorporated as Appendix B) and with all generally accepted engineering standards. TO CERT FY .V (RICH, WIT SS my#rand and seal at Georgetown, Williamson County, Texas, this the rr day of ,rr___ , 19�, A.DE> Don H. Bizzell Professional Engine o. 28782 State of Texas STATE OF TEXAS {° KNOW ALL MEN BY THESSE PRESENTS COUNTY OF WILLIAMSON { That 1, Paul M. Nuckolls, President of Wax, Inc., Owner of that certain tract 2.34 acres of land, situated.in the.lAvis J. Dyches Survey, Abstract No. 180, in Williamson County, Texas, said land being that certain tract of land, called 1.0 acre, as conveyed to Wax, Inc. by deed as recorded in Volume 1549, Page 353, of the Deed Records of Williamson County, Texas, and that certain tract of land, called 1.34 acres, as conveyed to Wax, Inc., by deed as recorded in Volume 2441, Page 394, of the Official Records of Williamson County, Texas, do hereby subdivide 2.34 acres, as shown herein, subject to any easements or restrictions heretofore granted -and do hereby dedicate to the public the streets and. easements shown hereon to be known as KNUCKLE DOWN SUB 1VPJON. WITNESS MY HAND this the 17C day of , 19 , A.D. ATTEST: Paul JMuckoIls STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON ( Before me, the undersigned authority, on this day personally appeared Paul M. Nuckolls, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GiV�J4 NDER MY HAND AND SEAL of office this the day of 19 A..D. Notary Public in a or the to of Texas C Be it resolved by the City Council of Georgetown, Texas, that the owner of the hereon described subdivision to be known as KNUCKLE DOWN SUBDIVISION, is hereby authorized to file for record in the Office of the County Clerk of Williamson County, Texas, this plat of said subdivision attached hereto, and the County Clerk of Williamson County, Texas, is hereby authorized to file for records this plat of land. The City of Georgetown assumes no liability for the engineering nor planning of subdivider and by this authorization makes no representations regarding such. By approving this plat, said City makes no representations regarding the availabiity of City of Georgetown utilities. ADOPTED and approved this the day ,,f tl , 191, A.D. Leo Woad, Mayor - of Georgetown, Texas Accepted and authorized for record by the City Planning and Zoning Commission of Georgetow +Texas. t John Kuhn, Chairman Edward J. Btrry, Secretary The CiTY MANAGER of the City of Georgetown. Texas, hereby certifies that this subdivision -plat conforms to all requirements of the subdivision regulations as to which his approval is required. Bob Hart, City Managaf -City o Georgetown, Texas Dater i, Sandra Lee, City Secretary of the City of Georgetown, Texas, do hereby certify that the subdivision, KNUCKLE DOWN SUBDIVISION, has been approved for filing for record according to the minutes of the meeting of the City of Georgetown City Council on the ►q day of MkOkA ,1994, and further that I have been furnished with written approval by the City's Engineers, certified to by the City Planning Department, that the Construction Plans are approved. To certify which, witness my official hand and the corporate seal of the said City. Sandra Lee, City Secretary, City Approved for the U.S. Postal Service this the day of_ , 19 , A.D. Postmaster, Georgetown, Texas In approving this plat by the Commissioners' Court of Williamson County, Texas, it is understood that the building of all streets, roads and other public thoroughfares and any bridges or culverts necessary to be constructed or placed is the responsibility of the owners of the tract of land covered by this plat, in accordance with plans and specifications prescribed by the Commissioners' Court of Williamson County, Texas. Said Commissioners' Court assumes no obligation to build or maintain any of the streets, roads or other public thoroughfares shown on this plat or of constructing any of the bridges or culverts in connection therewith. It is further understood that upon completion of the aforesaid obligations of the developer and either 60% occupancy of the lots along the roadways and streets in the subdivision has been achieved or the expiration of 2 years from the date of completion, and all driveway drainpipes have been installed, on written permission from County Commissioners' Court, the County will assume full responsibility for maintenance of said streets and roads. The County will assume no responsibility for drainage ways or easements in the subdivision, other than those draining or protecting the road system and streets. The County assumes no responsibility for the accuracy of representations by other parties in this plat. Flood plain data, in particular, may change depending on subsequent development. It is further understood that the owners of the tract of land covered by this plat must install at their own expense all traffic control devices and signage that may be required before the streets in the subdivision have finally been accepted for maintenance by the County. STATE OF TEXAS { KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON { 1, John C. Doerfler, County Judge of Williamson County, Texas, do hereby certify that this map or plat, with field notes hereon, that a subdivision having been fully presented to the Commissioners' Court of Williamson County, Texas, and by the said Court duly considered, were on this day approved and plat is authorized to be registered and recorded in-ft pn gw records of the County Clerk of Williamson County, Texas. -u—c- - 1P.0600 . Q.., / Z -. i 4 0J n C. Doerfler, County udge Date i�®� liamson County, Tex s Based upon the above representations of the engineer or surveyor whose seal is affixed hereto, and after a review of the plat as represented by the said engineer or surveyor, I find that this plat complies with the requirements of Edwards Aquifer Regulations for Williamson County, the Williamson County Flood Plain Regulations and Williamson County Private Sewage Facility Regulations. This certification is made solely upon such representations and should not be relied upon for verification of the facts alleged. The Williamson County Health Department and Williamson County disclaims any responsibility to any member of the public for independent verification of the representation, factual or otherwise, contained in this plat and the documents associated with it. q-7-9� Paulo Pinto Date Director of Environmental Services STATE OF TEXAS KNOW ALL MEN BY THESElPRESENTS COUNTY OF WILLIAMSON { 1. Elaine Bizzell, Clerk of the County Court of said County, do hereby certify that the foregoing instrument in writing, with its certificate of authentication was filed for record in my office on the S 4++ day of -M ow 1A.D., at of ', 3oo'clock, iC} .M,, and duly recorded this the S i'h 1 day of _ _ 19A.D., at o'clock, A.M., in the Plat Records of said County in Cabinett_L_, Slide J- - TO CERTIFY WHICH, WITNESS my hand and seal at the County Court of said County, at my office in Georgetown, Texas, the date last shown above written. coy.,, alb® V •�ys ape.. ���. �®�+� m i i p i 689 ref � 41,S0 N CO�°l*�'� e,��a�ilitl�}Rt1ft►•1 Elaine Bizzell, Clerk County Court of Williamson County, Texas \ as By. Deputy KNUCKLE DOWN SUBDIVISION A 2.34 ACRE SUBDIVISION SITUATED IN THE LEWIS DYCHES SURVEY, ABSTRACT NO. 180, WiLLIAMSON COUNTY, TEXAS Steger & Bizzell Engineering, Inc. Consulting Engineers Survevors 1978 South Austin Avenue Post Office Box 858 Georgetown, Texas 78627 DATE: DEC. 1993 Telepnone Facsimile Georgetown (512)863-4521 (512)863-4523 Austin Area. (512)255-2582 (512)255-2632 Taylor (5121352.2254 (512)352-8081 NO, 16331 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance on a Rezoning of Whisper Oaks Subdivision, Block A, Lot 2, from the Residential Single-family (RS) District to the Low Density Multifamily (MF-1) District, known as Whisper Oaks HOA, located at 3000 Whisper Oaks Lane -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: The applicant has requested to rezone the property from the Residential Single-family (RS) District to the Low Density Multifamily (MF-1) District. The lot is currently a private amenity lot with a small pool that the Homeowners Association has closed and does not intend to utilize any further. The HOA seeks to sell the lot for eventual residential development compliant with the MF-1 District standards. Public Comment: No written comments have been received to date. Planning & Zoning Commission Meeting of September 16, 2014: On September 16, 2014, the Commission held a public hearing, with 3 speakers in opposition to the multi- family request. The Commission then voted 5-0 to recommend approval to Council of the request. City Council Meeting of October 14, 2014: On October 14th, 2014, City Council held a public hearing for this application; there were no speakers. Council then voted 7-0 to approve the request. Recommended Motion: Approval of the request to rezone Whisper Oaks Subdivision, Block A, Lot 2, from the Residential Single-family (RS) District to the Low Density Multifamily (MF-1) District. FINANCIAL IMPACT: None. The applicant has paid the required fees. SUBMITTED BY: Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director ATTACHMENTS: Staff Report Exhibit 1 - Future Land Use / Transportation Map Exhibit 2 - Zoning p ORDINANCE Ordinance Exhibit A - Location Map Ordinance Exhibit B - Legal Description Georgetown Planning Department Staff Report Report Date: September 10, 2014 File No: REZ-2014-020 Project Planner: Mike Elabarger, Senior Planner Item Details Project Name: Whisper Oaks Block A, Lot 2 Project Address: 3000 Whisper Oaks Location: Whisper Oaks Drive between Lakeway Drive and Northwest Boulevard Total Acreage: Approximately 17,000 SF (0.4 acre) Legal Description: Whisper Oaks, Block A, Lot 2 Applicant: Paul Meisler, Agent, HOA Manager Property Owner: Whisper Oaks HOA, Inc. Contacts: Paul Meisler Existing Use: Pool / Amenity site for Homeowners Association Existing Zoning: Residential Single-family (RS) from Annexation Ordinance 87-0579 Proposed Zoning: Low Density Multifamily (MF-1) District Future Land Use: Moderate Density Residential (MDR) Category Growth Tier: Tier 1 A Overview of Applicant's Request 1 The applicant has requested to rezone the property from the Residential Single-family (RS) District to the Low Density Multifamily (MF-1) District. The lot is currently an amenity lot with a small pool that the Homeowners Association has closed and does not intend to utilize any further. The HOA seeks to sell the lot for eventual residential development compliant with the MF-I District standards. Site Information SEEMMMIPM Location: This property is located on the south side of Whisper Oaks Drive, between Lakeway Drive and Northwest Boulevard. See Exhibits 1 and 2. Physical Characteristics: The property is developed with a small in -ground pool within a fenced amenity area, largely under tree cover. A large drainage area (with a drainage easement) bounds the lots eastern side. Surrounding Properties: The surrounding properties include a a row of townhouse condominiums on either side, and multifamily dwellings across Whisper Oaks. (See 2014 Aerial on next page) Location Zoning Future Land Use Existing Use North RS — Residential Single-family Moderate Density Residential Multifamily* South AG — Agriculture District Moderate Density Residential Large lot residential East RS — Residential Single-family Moderate Density Residential Multifamily* West RS — Residential Single-family Moderate Density Residential Multifamily* *The use of the surrounding properties pre-exists annexation and zoning of those properties, making them legal nonconforming as to use. Whisper Oaks HOA Lot - Rezoning Page 1 of 3 RS to MF-1 Planning Department Staff Report Property History I& The property was platted in 1983 (Whisper Oaks, Document No. 830009384) and annexed in 1987. The plat notes Block A, Lot 2 as a "proposed amenities lot". The exact date of development is unknown. 12030 Plan Conformance Land Use: The proposed rezoning is in conformance with the 2030 Plan future land use designations (see Exhibit 1). Generall, the Moderate Density Residential (MDR) category prescribes a residential density ranging between 3.1 and 6 dwelling units per gross acre; the surrounding development is slightly denser than that. Lot 2 is limited in its development potential by its size, the drainage easement, and large amount/location of trees (yet to surveyed to determine qualifications as either Heritage or Protected trees). Growth Tier: The 2030 Plan Growth Tier Map designation is Tier IA, that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. Proposed Zoning Distric The Low Density Multifamily (IMF-1) District is intended for attached and detached multifamily residential development, such as apartments, condominiums, triplexes, and fourplexes, at a density not to exceed 14 dwelling units per acre. The District is appropriate in areas planned as High Density Residential or Mixed Use, but may be appropriate in the Moderate Density Residential area based on location, surrounding uses, and infrastructure impacts. Whisper Oaks HOA Lot - Rezoning Page 2 of 3 RS to MF-1 Planning Department Staff Report Utilities a Electric, water, and wastewater are served by the City of Georgetown; there are no anticipated issues with providing utilities based on the development standards of the proposed district. Transportation The only access to this property will be from Whisper Oaks Drive, which is of adequate size and level of service to support development permitted by the proposed District. Should it be redeveloped, the exact location will be determined during the Site Plan review process. Future Application(s) The following applications will be required to be submitted: • Site Plan / Construction Plan for multifamily development; • Building permits for construction; • Certificates of Occupancy. Staff Analysis Staff is supportive of the requested rezoning for the following reasons: 1. The Future Land Use designation of Moderate Density Residential, at this location and with the surrounding existing development, supports the proposed district. 2. The existingzoning oning situation of the property and the rest of the Homeowners Association is from the point of annexation of those properties, and creates a Legal Nonconforming situation as to zoning. The proposed district, and development similar to that of the surrounding properties, would make this property the only one where the use is permitted by the zoning district. 3. The surrounding development consists of multifamily uses at densities supported by the proposed MF-1 district. Inter Departmental, Governmental and Agency Comments None A total of 11 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on August 31, 2014. As of the writing of this report, no written comments have been received. Meetings Schedule September 16, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading and Public Hearing October 28, 2014 — City Council Second Reading Exhibit 1 — Future Land Use Map Exhibit 2 — Zoning Map Whisper Oaks HOA Lot - Rezoning Page 3 of 3 RS to MF-1 Future Land Use / Overall Transportation Plan Legend ® Site REZ-2014-020 Parcels FST.1s4s ©City Limits AGEOETOWN Exhibit #2 OGeorgetown ETJ EXAS r Legend Thoroughfare � Existing Collector � Existing Freeway � Existing Major Arterial Existing Minor Arterial Existing Ramp MEMO Proposed Collector MEMO Proposed Freeway ---- Propsed Frontage Road MEMO Proposed Major Arterial Proposed Minor Arterial m Proposed Railroad Future Land Use - Institutional - Regional Commercial - Community Commercial Ag / Rural Residential - Employment Center - High Density Residential Low Density Residential - Mining Mixed Use Community - Mixed Use Neighborhood Center - Moderate Density Residential - Open Space Specialty Mixed Use Area N City Limits Street Site S A — Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only `/1 ............ . ......... ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone Whisper Oaks, Block A, Lot 2, from the Residential Single-family (RS) District to the Low Density Multifamily (MF-1) District; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12th day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): Whisper Oaks, Block A, Lot 2, as recorded in Document Number 1983909384 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on September 16, 2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Ordinance Number: Description: RS to MF-1 Date Approved: Page 1 of 2 Case File Number: REZ-2014-020 Exhibits A & B Attached Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Residential Single-family District (RS) to the Low Density Multifamily District (MF-1), in accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 14th day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 28th day of October, 2014. THE CITY OF GEORGETOWN: Dale Ross Mayor APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Description: RS to MF-1 Date Approved: ATTEST: Jessica Brettle City Secretary Page 2 of 2 Case File Number: REZ-2014-020 Exhibits A & B Attached Legend REZ-2014-020 ®Site = Parcels E11,1848 ©City Limits GEORGETOWN Exhibit #1 TEXAS 0 Georgetown ETJ ena yec Site g,Oty's Crossing Rd City Limits 0 Street Site IM Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only N 0 250 5001F Fect x , au Ram,q sA J'. M, C,9 e/ 0O, 0 p 39 e 0 0 I R.T. Magnesz, Jr., hereby cer4ify +ha+ the area of each lot exceeds +he minimum area regvire•nen4% of Section 2.0303 of the Zoning Ordinance of the City of Georgetown 80,01 that +he ioropaseA impervious coverage of the svi)4 �jvielon doss not exceed !oO1a, _ egis•4e•^ed rofessi ... 1 ... ..... e0 0 2 / oy� a to (V o 0 0 �� a �o.o m ; h' e a,o o s o O p� i ,_ se n� �' o9 8a.9G'------�'---1-10.62'----------, 5 ---IGo.00'-T- � \ i / s.a /�• N3 i .c. / '0�} wfn:9 01 ?' o� f •, Q .. a. 0 °Oj a ee'p `F'`,i nor i s'vu 3 39e�T 8 3 //% 9�55• /07 3is `a'��' '' �' '6p y ' •-;. f„�� ^1 /O{ q ' ,qA 7/ Z•i p� \�'t i� a N o 0 O o to N p /07 33 NHS r , �. •., o x +k,. 0 1 --+- e A'� is•P.uE. 2sac. !p Cr) a i a 58• W 868. 58 g e 3.� r\ 0' KS LANE AlC /S 0•. :-, e .: ..:,; � / /�/ S�u e. I JC'�i e 3 `J`� PeMaho\•0 -,ll- -4--l0-'.zs•'3LI I 1 e �115.6-0'- 3 0.0A= ` N Q/ r N 1 3 i 0 a g N 0 N / /'(•. / ] ��/� oGP /ia d1 4' S ri IJF a :.. . M h •.. -'..-c`.�1+, '•may .. „/ { v ���� � � \ t20.81 --- -----------208.3G' -----------115So'------�--- - -, --__ - 1T5•SO'------- / Ec%�• z,531,4'18•to e ey� c9�o-`y LOCATION MAP SCALE: I"= 2000' '79 S .I-l' CURVE DATA 1 2 3 I 90,00, 1a,03' 16003, R 1 s.00' 4 2Z.20' 4-72. ZO' T' 15, 00' &7.0&' -7e,00' A 23.5G' 133.01' 148.-& C 2 1. 2 1' 1 3 2.4&' 148. 14' NOTES I. LOTS I THRU G , BLOCK"S3" ARE PROPOSED MUL,'I- FAMiLK LOTS. 2. LOTS -7 � 8, 133LOCK "15" AND LOTS 1 , 3,4, 5 , BLOCK "A" ARE PROPOSE.O APARTMENT LOTS 3. LOT 2 , BLOCK "A" 1S PROFbSe.D AMEN 1TiL'-S L_o- , 4. NO. OF LOTS - 13 5. NO. OF SLOGKS - 2 Co L. F: STREETS - a Zs 7 Ar_R.SaE - ram. r- 5 S. THE too YEAR FLOOD PLAIN WILL BE CANTA1KF_o WITHIN TF+E So' DRAINAGE 4 P.U.E.. THROUGH THE USE OF CUANNELIZATION OR OTHER APPROVED METHODS, 9. I►J ADDITION -[ o TIME SHOWN SUI LDING LIMES, TWERE SHALL ME A 7' 310E AND REAR. r3U1L.DIRG LING. 10. 5EARIMGs ROTATED TO TEXAS PLANE Coop D1NATG SYSTEM. It. SIDEWALK R.EQUIMMENTS- ONE SSDE OF WHISPER, OAKS LAVIe. 12. FCW- ML)ILDIUG RESTRICTIONS SEE Sri6 PLAN ON FILE. W/BLDG. INSP. DEPT LEGEND 0 1 RON PIN SET S.L. 5UII_D/r1G LINE RU.E, PUBLIC UTILITY EASEMEM-r OW N G-R t SHANKLI N PROPERTIES, INC. 6101 1. H. 3 S NO PM-1 6E0t2GE-TOWN -7SG2C. WHISPER OAKS A 5.65 ACRE SUBDIVISION SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, NEAR GEORGETOWN , WILLIAMSON COUNTY, TEXAS OFT �' gyp:•• �"� #4 • .R T. MAGNESS, 1K PERIMETER FIELD NOTES: BEING 5.65 acres of land situated in the David Wright Survey, Abstract No. 13, in Williamson County, Texas; said land being all that tract of land conveyed by Bobby G. Stanton to Shanklin Properties, Inc. by deed of record in Volume914, Page4 6,, of the Deed Records of Williamson County, Texas; and being more fully described as follows: BEGINNING at an iron pin set at the most northerly corner of a tract of land conveyed to Irene W. Parker of record in Volume 410, Page 25, of the Deed Records of Williamson County, Texas, said iron pin being in the south- east line of Lot 15, Block "O"., Reata Trails, Unit One of record in ,. Cabinet C, Slide 368 of the Plat Records of said County, said iron pin being the most westerly corner of said 5.65 acre tract and from which the southwest corner of said David Wright Survey bears S 64e 53' W, 6,854 feet; THENCE, N 52° 16' E, 223.20 feet to an iron pin set at the most easterly corner of Lot 17, Block "0", Reata Trails, Unit One; THENCE, N 39° 55' W, 117.33 feet to an iron pin set in the northeast line of said Lot 17, also being in the southeast right-of-way of Winding Trail; THENCE, N 50° 05' E, 170.00 feet to an iron pin set in the southeast right- of-way of Winding Trail; THENCE, S 39D 55' E, 378.80 feet to an iron pin set; THENCE, S 57° 58' E, 416.58 feet to an iron pin set; THENCE, S 32° 02' W, 290.00 feet to an iron pin set in the northeast line of said Irene W. Parker tract; THENCE, N 57° 58' W, 795.17 feet along the northeast line of said Irene W. Parker tract to the Place of BEGINNING and containing 5.65 acres of land. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON X I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify that the above described tract of land was surveyed on the ground under my personal supervision during the month of December, 1982, and that said description is true and correct to the best of my knowledge and belief. TO,CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the day of December, 1982, A. D. - P O a ! a Registered Publjc Surveyor No. 13 s"M ;�'aFs s i State of T''exas :Q-/ ♦4 **Q s i Et;E� •lam 4 %C' ,% w STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON X I, R. T. Magness, Jr., Registered Professional Engineer, do hereby certify that the 100 year flood plain is as indicated on the attached plat and that all lots have an area of more than 6000 square feet. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the dqy of December, 1982, A. D. R. T. Manes S, Registered Professional Engineer, o••}}6✓; 4 ate'Texas R. T ti5. S, .......... i-• { {%� ':Kim ✓ }• {�.. L'.i Rig Y. tt1 QN` ` Revt,e0 ' 441-67 WV REti1StD OQ N6.E5MT 3-9-$2 Woo RGN,sep Onu6.E5M7 Z-14-ez wao REVISED : S2-14-82 RGTAT6 To TCXAs PLANE 00-RDI•a4TE SYS"ne.M. w0D REVISED /2-/3-8Q Woo STATE OF TEXAS X COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That, SHANKLIN PROPERTIES, INC., owner of that certain 5.65 acre tract of land situated in the David Wright Survey, Abstract No. 13, Willi son County, Texas as conveyed by deed recorded in Volume911. , Page µb)Cs of the Deed Records of Williamson County, Texas, do hereby subdivide 5.65 acres of land as shown hereon, subject to any easements or restrictions heretofore granted and do hereby dedicate to the public the -streets and easements shown hereon, to be known as WHISPER OAKS. Witness my hand, this the /2"1clay of APPI1 1983, A.D. Dale Shanklin - President SHANKLIN PROPERTIES, INC. STATE OF TEXAS Z KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON I That before me, the undersigned authority on this day personally appeared DALE SHANKLIN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as an act and deed of said Corporation. Givdi %&00 ''}%and and seal of office this the /f& day of XPelt 1g8,.,•�i. .,• gpr e i %P y y otary Public in a for the State of • 4• Texas F O Approved for the U. S. Postal Service this the/play of 19U.9 A.D. 0144 &dj_ Georgetown Postm ter Accepted and authorized for record by the City Planning and Zoning Commission of Georgetown.. Texas. Clfairman S'ec'etary� . AVIGATION EASEMENT NOTE There shall be an avigation easement over this SuLdivision which; a. grants for the use.and benefit of the public a continuing easement and right of flight for the passage of aircraft in the air space above the surface of the land over which this easement is obtained, together with the right to cause in said air space such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air using said air space for landing at, taking off from or operating on the Georgetown Municipal Airport, and b. Will limit the height of any structure to no more than the approach slope or the transition slope elevation of the George- town Airport as indicated on the plat. The maximum height of any structure shall be the difference between the ground elevatio-, and the avigation elevation for any particular location. C. This subdivision is iocated under the horizontal surface elevation of 93900 N►SL. The City Manager of the City of Georgetown, Texas, hereby certifies that this subdivision plat conforms to all requirements of the subdivision regulations as to which his approval is required. Leo Wood, City Manager, City of Georgetown, Texas Be it resolved by the City Council of Georgetown, Texas, that SHANKLIN PROPERTIES, INC, owner of the hereon described subdivision to be known as WHISPER OAKS, is hereby authorized to file for record in the office of the County Clerk of Williamson County, Texas, this plat of said subdivision attached hereto, and the County Clerk of Williamson County, is hereby authorized to file for record this plat of land. The City of Georgetown assumes no liability for the engineering nor planning of subdivider and by this authorization makes no representations regarding such. Adopted and approved this the day of 198.n', A. D. John C." boerfler, MAyo� City of Georgetown, Texas I, James Colbert, Secretary of the City of Georgetown, Texas do hereby certify that the subdivision WHISPER OAKS has been approved for filing of record accord- ing to the minutes of the Meeting of the Georgetown City Council on_' �: „ and further that I have been furnished with written approval by the City's Engineers, certified to by City Planning Department that the construction plans are approved. �.< James Colbert, Secretary, City Council of Georgetown, Texas WHISPER OAKS A 5.65 ACRE SUBDIVISION SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, NEAR GEORGETOWN , WILLIAMSON COUNTY, TEXAS COMMISSIONERS' CO,iRT i2PROVAL: In approving this plat by the Commissioners' Court of Williamson County, Texas it is understood that the building of all streets, roads or other public thoroughfares designated and shown on this plat, and all bridges and culverts necessary to be placed in such streets, roads or other public thoroughfares or in connect- ion therewith, shall be the responsibility of the owner or developer of the tract of land covered by this plat, in accordance with plans and specifications prescribed by the Commissioners' Court of Williamson County, Texas and said Commissioners' Court assumes no responsibility or obligation to build or maintain any streets, roads or other public thoroughfares shown on this plat, or of constructing or maintaining any culverts, bridges, etc., in connection herewith. It is further understood that upon completion of the aforesaid obligations of the developer and 80% occupancy of the lots along the roadways and streets in the subdivision has been achieved, and all driveway drain pipes have been installed on written permission from the County Commissioner, the Commissioners' Court assumes full responsibility for maintenance of said streets, roads and drainage facilities. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON Z I, TimothyG.Merash, County Judge of Williamson County, Texas, do hereby certify that this map or plat, with field notes hereon, that WHISPER OAKS, a subdivision having been fully presented to the Commissioner' Court of Williamson County, Texas, and by the said Court duly considered, were on this day approved, and said plat is authorized to be registered and recorded in the proper records of the County Clerk of Williamson County., Texas. Date imotky & Mar M , County Judge William n County, Texas STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON X I, James N. Boydston, Williamson County Clerk, do hereby certify that the foregoing instrument of writing, with its' certificate of authentication was filed for record in my office on the 415t day of , LAA e. , 1983, A.D. , at /49.'30o' clock, A.M. , and was duly recorded in Cabinet e , SlideXf 2351of the Plat Records of Williamson County, Texas, on the o?/S.." day of U-Une 1983, A.D:, at /'00 o'clock,/O.M. Witness My Hand and Seal at the Court of said County at the date written above. James N. Boydston Clerk of Said County Court: Deputy t Zee[/ KSMSeD : 4-1 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for the Voluntary Annexation of 1.37 acres in the Evans Survey, located at 5003 IH-35 -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: The proposed annexation is a small piece of property on IH-35 that is within City's extraterritorial jurisdiction (ETJ), at the southern edge of the boundary, but has yet to be annexed into the city limits. The property is located south of Westinghouse Road between the former Hewlett Hummer dealership and the Texas Medical Clinic that is located within Round Rock's city limits. If City Council approves annexation of this property, the City of Georgetown will directly abut the City of Round Rock on Interstate 35 without any intervening properties. The property owner is marketing the property and seeking annexation into the city limits to apply for commercial zoning consisting with adjacent uses. City Council will have the opportunity to consider the zoning designation for this property through a future agenda item. Until rezoning, the property will retain the Agricultural (AG) zoning designation. Due to the annexation calendar established by the Texas Local Government Code, the public hearings will be held in September, with Council action tentatively set for October. In order to complete the annexation, the following process will be followed: August - October Annexation Cycle September 9, 2014: Resolution accepting petition September 9, 2014: 1 st Public Hearing held at City Council Meeting. September 23, 2014: 2nd Public Hearing at City Council Meeting. October 14, 2014: 1 st Reading of Ordinance at City Council Meeting, October 28, 2014: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1 st reading, the last scheduled Council Meeting in the 90 days is December 9, 2014) Recommended Motion Approval of the ordinance for the voluntary annexation of 1.37 acres in the Evans Survey. FINANCIAL IMPACT: None at this time. The applicant has paid the required fees. A Service Plan detailing City service requirements for the annexation is available online. The City will assume immediate public safety responsibilities. The developer will be responsible for public improvements and development costs per the terms of the City's utility and construction requirements. It is as of yet undetermined whether the ultimate user will connect to Georgetown or Round Rock utilities. The City will assume maintenance of public facilities once constructed and accepted. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Applicant Request Letter Ordinance Evans Exhibit A - Location May Exhibit B - Property Survey Exhibit C - Service Plan Hdf Investments, Ltd. August 113, 2014 City of Georgetown Planning and Zoning Georgetown, TX Re: Application for Annexation To Whom It May Concern: 1.379 acres Please see attached map of above -mentioned property with surrounding roads identified as well as a legal description of the property performed, signed and sealed by a licensed Surveyor, including a to -scale B 1/2" x 11" sketch of the property boundaries. This above -mentioned property is contiguous to the current city limits. Current use of the property is raw land, with no (0) residents living on the property. The applicant reserves the right top II this annexation application from consideration at any time during the proceedings. With this signed petition for volunta that construction of any capital imp the property will not be the respons for annexation; rather, such improve assistance through subdivision and Sincerely yours, Doris Foster, HDF Investments, Ltd. annexation, the landowner understands )vements necessary for development on )ility of the City of Georgetown if approved rents will occur through non -City financial ;onstruction process. 512.794.0207 6600 LOST HORIZON, AUSTIN, TX 78759 PHONE A DDRESs Ordinance No. An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 1.37 acres, more or less, in the Evans Survey, as described herein; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council approved a resolution granting the petition on September 9, 2014; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on September 9, 2014, and September 23, 2014; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; 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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 1.37 acres in the Evans Survey, as shown in "Exhibit A" of this ordinance, and as described in "Exhibit B" of this ordinance. "Exhibit C" contains the service plan. Ordinance No. 1.37 ac Evans Annexation Date Approved: October 28, 2014 Page 1 of 2 ANX-2014-010 Exhibit A,B,C attached Section 3. The 1.37 acres, as described in "Exhibit B" of this ordinance, is included in City Council District 1, as it is adjacent to Council District 1 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. 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 accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 1411, day of October, 2014. Passed and Approved on Second Reading on the 28th day of October, 2014. Attest: Jessica Brettle City Secretary Approved as to form: Bridget Chapman City Attorney Ordinance No. 1.37 ac Evans Annexation Date Approved: October 28, 2014 The City of Georgetown: Dale Ross Mayor Page 2 of 2 ANX-2014-010 Exhibit A,B,C attached EST. 1848 GEORGETOWN TEXAS 7; �I City Limits 0 Street Site IM ANX-2014-010 LL N M Exhibit A COO T°MN Legend ® Site = Parcels ©City Limits 0 Georgetown ETJ Coordinate System: _ Texas State Plane/Central Zone/NAD 83/US Feet p gpp l,nnn Cartographic Data For General Planning Purposes Only Z poet A Exhibit B METES AND BOUNDS DESCRIPTION 1.379 ACRE (60,078 SQ.FT.) EPHRAIM EVANS SURVEY, A-212 WILI,L%AISON COUNTY, TEXAS Being a 1.379 acre (60,078 Square Feet) Tract of land situated in the Ephraim Evans Survey, Abstract No. 212 Williamson County, Texas, and being out of and part of a called 133.28 acre (Gross) Tract, (132.28 acre Net), conveyed to ANC -ROUND ROCK ASSETS II, LP. described in Document 2001001644 of the Official Records of Williamson County Texas (O.R.W.C.T.). Said 1.379 acre Tract. being more particularly described as follows with all bearings being referenced to the State Plane Coordinate System, Texas Central Zone in terms of NAD83/93 Datum expressed in U.S. Survey Feet. All surface distance recited herein may be converted to grid by multiplying by the combined factor of 0.999870053. BEGINNING at a brass cap found on the easterly right-of-way line of Interstate Highway No. 35 (width varies) as conveyed to the State of Texas in Volume 471, Page 571 of the Williamson County Deed Records (W.C.D.R.), also being the common northwesterly corner for said 133.28 acre tract, and the southwesterly corner of Lot 5, MIDWAY BUSINESS PARK, as described in Cabinet S, Slides 208-209, O.R. W.(—T. and being the northwesterly comer of the herein described tract.; THENCE, North 68° 12' 17" East, along and with the line common to the northerly line of said 133.28 acre tract and the southerly line of said Lot 5, at a distance of 65.44 feet pass a '/2-inch iron rod found and continue for a total distance of 236.53 feet to a '/2-inch iron rod set with plastic cap stamped "SIJRVCON INC ." for the northerly corner of the herein described tract. From said point, a nail in post found fcr m interior angle point common to said 133.28 acre tract and said Lot 5, bears North 68°12' 17" .East, a distance of 156.43 feet; THENCE, leaving said common line and across said 133.28 acre tract, the follov'ing two (2) courses: 1) South 21°47'43" East, a distance of 218.00 feet to a '/z-inch iron rod set with plastic cap stamped "SURVCON INC." for the easterly corner of the herein described tract; 2) South 68'12' 17" West, a di3tance of 314.65 feet to a %2-inch iron rod set with plastic cap stamped "SURVCON [NC." on the line common to the westerly line of said 133.28 acre tract and the easterly right-of-way line of said Interstate Highway No. 35, for the southerly corner of the herein described tract; Page I oft Z.141711201 dots itil + B 14171120-M+B. doc Exhibit B THENCE, North 02°04'45" West, along said common westerly line of said 133.28 acre tract and easterly right-of-way line of said Interstate Highway No. 35, a distance of 231.58 feet to the POINT OF BEGINNING of the her,�irt described tract and containing a computed area of 1.379 acres (60,078 Square Feet) of land; This Metes and Bounds description is accompanied by a separate Plat of Survey and is based on an on -the -ground survey performed in April 2002 under my supervision. L) 1 J. Anders g �n Regi ed Professional Land Surveyor Texas Registration No. 5128 Prepared by: SURVCON INC. 400 West 15"' Street, Suite 1030 Austin, Texas 78701 Job No.417-1120 (04/04/02) Revised-04/09/02 0 r `C `�E,,....►. F D'OOU:GLAS J. ANDERSON S U V Page 2 of 2 Z-141711201 does l M'+B I4171120-M+B. doc POINT OF BEGINNING \ c LOT 5 MIDWAY BUSINESS PARK CAB. S, SLIDES 208-209 (C.R.W.C.T.) 1 �- �L5�8 5� 1A`v EP• eaR oanc POD B \, ,A O�RN \ / X. IA65a �/ r II Y / o O O r Z cam^ I I �� Z� ��yo GAS LwE CID rn . m Zo -u mE o Ln N Z 1vAlUtJN I i-) o mo n m 0 J � x : N u 2 0 eu Dm m n HE 1,379 ACRE- TRACT "I (60,078 M FT.) �a (1,000 ACRE: EXCLUSIVE ❑F "76 PERMANENT EASEMENTS) 'GAS UNE' PROPOSED 30' WIDE — UTILITY ESMT. OPTIC" 1/ 61� EPHRAIM EVANS SURVEY, A-212 O II I rr*T ;a II r I 15' GAS LINE EASEMENT AND R.O.W. � I 1.170 ACRES (50,980 SO. FT.) DOC.'. NO. 2000011071 (O.R.W.C.T.) t I 5.00' t-t+1-- ii I i I 10' SWBT EASEMENT VOL. 546, PG. 338 I I I (W.C.D.R.) I LEGEND: INDICATES FOUND BRASS DISK INDICATES FOUND NAIL IN POST INDICATES FOUND IRON ROD O INDICATES SET IRON ROD WITH CAP STAMPED 'SURVCON INC INDICATES PROPERTY LINE O� INDICATES POWER POLE --0— INDICATES SIGN ("AS LABELED' INDICATES FIRE HYDRANT INDICATES GUY WIRE — X — INDICATES FENCE[ ANC -ROUND ROCK ASSETS II, LP 133.28 GROSS ACRES 132.28 NET ACRES DOC. NO. 2001001644 (O.R.W.C.T.) 1,379 ACRE TRACT (60,078 SQ. FT.) (1.000 ACRE EXCLUSIVE OF PERMANENT EASEMENTS) EPHRAIM EVANS SURVEY, A-212 WILLIAMSON COUNTY, TEXAS SURVCON INC. alPROFESSIONAL SURVEYORS 400 WEST 15 th STREET, SUITE 1030 AU=. TEXAS 78701 PH. (512) 457-7870 REM SED: — G4/la/a2--FEMsfn EASEMENTS SCALE: 1' = 60' JOB N0. 417-1120 DATE: 04-09-02 F.B. NO. JOB—NAME—BK.NO. PAGE 1 0� 2 DRAWN BY: MOM PROJECT: 4171120—FOSTER 1 acre ewap.dwg o INSTRUMENTS OF RECCRD AFFECTING TRACT AS LISTED ON TTLE COMMITMENT PREPARED BY GEORGETOWN TITLE COMPANY (G.F. No. 02051524). 10. EASEMENT FILED MARCH 9, 1972, FROM JOHN H. NASF, JR, TO SOUTHWESTERN BELL TELEPHONE COMPANY, RECORDED IN VOLUME 546, PAGE 3313, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (.AS SHOWN HEREON) 11. EASEMENT DATED SEPTEMBER 29, 1949, FROM ESTATE OF JOHN H. NASH TO TEXAS POWER AND IJGHT COMPANY, RECORDED IN VOLUME 359, PAGE 418, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, IF LOCATEC SO AS TO AFFECT. (NOT PLOTTABLE FROM EASEMENT DESCRIPTION) 14. EASEMENT DATED FEBRUARY 21, 2000. FROM MARGARE:T M. NASH, JCHN H. NASH, III AND W9WAM L NASH TO TXU ELECTRIC do GAS, RECORDED UNDER DOCUMENT NO, 2000011071, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. (AS SHOWN HEREON) 15. EASEMENT DATED OCTOBER 10, 2000. EXECUTED BY MARGARET M. NASH, JOHN H. NASH, III AND WILLIAM L NASH TO TXU ELECTRIC COMPANY, RECORDED UNDER DOCUMENT NO. 20000699158, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. (BLANKET EASEMENT) 17. INGRESS AND EGRESS EASEMENT FROM ANC —ROUND ROCK ASSETS 11. LP TO ANC —ROUND ROCK ASSETS 1, LP AS SET OUT IN RESTRICTIVE: COVENANT AND EASEMENT AGREEMENT RECORDED UNDER DOCUMENT NO. 2001083834, OFTICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. (BLANKET EASEMENT) 18. ELECTRIC LINES AND SYSTEMS EASEMENT FROM ANC —ROUND ROCK ASSETS II, LP TO ANC —ROUND ROCK ASSETS I, LP AS SET OUT IN RESTRICTIVE: COVENANT AND EASEMENT AGREEMENT RECORDED UNDER DOCUMENT NO, 2001083834, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. (BLANKET EASEMENT) 19. WATER TRANSMISSION LINES AND SYSTEMS EASEMENT FROM ANC —ROUND ROCK ASSETS 11, LP TO ANC —ROUND ROCK ASSETS 1, LP AS SET OUT IN RESTRICTIVE COVENANT AND EASEMENT AGREEMENT RECORDEC UNDER DOCUMENT NO. 2001083834, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. (BLANKET EASEMENT) 20. GROUND WATER LEASE EFFECTIVE 14OVEMBER 6, 2001, EXECUTED BY ANC —ROUND ROCK ASSETS II, LP AS LESSOR, TO AND WITH ANC —ROUND ROCK ASS-TS I, LP AS LESSEE AND -VIDE-LACED BY THE INSTRUMENT RECORDED UNDER DOCUMENT NO. 2001083835, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. (BLANKET EASEMENT) GENERAL (VOTES: 1. NO PORTION OF THESE TRACTS LIE WITHIN THE 100 YE -AR (ZONE A) FLOOD ZONE PER F.E.M.A. FIRM MAP NUMBERS 48491CO24OC, EFFECTIVE DATE OF SEFTEMBER 27 1991. 2. BEARINGS ARE REFERENCED TO THE: STATE PLANE COORDINATE SYSTEM, TEXAS CENTRAL ZONE IN TERMS OF NAD83/93 DATUM EXPRESSED IN U.S. SURVEY FEET. ALL SURFACE DISTANCES RECITED HEREON MAY BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED FACTOR OF 0.999870053. 3. W.C.D.R INDICATES WILLIAMSON COLNTY DEED RECORDS. 4. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. 5. THIS PLAT OF SURVEY IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. 6. WITH RESPECT TO INSTRUMENTS OF RECORD AFFECTING THIS TRACT THE SURVEYOR HAS RELIED UPON COMMITMENT FOR TITLE INSURANCE ISSUED BY LAWYERS TITLE INSURANCE CORPORATION, CASE NO. 96 WL 169026—K ISSUED 1.3 MAY 1997. THE SURVEYOR HAS NOT ABSTRACTED THIS 1RACT. TO: STEWART TITLE GUARANTY COMPANY, GEORGETOWN TITLE COMPANY INC., ANC—ROUNDROCK ASSETS II, LP., HOF INVESTMENTS, LTD: THE UNDERSIGNED HEREBY CERTIFIES THAT THE SURVEY SHOWN HEREON WAS CONDUCTED ON THE GROUND DURING THE MONTH OF APRIL, 2002, UNDER MY DIRECT SUPERVISICt AND REPRESENTS THE CONDITIONS AT THE TIME OF THE SURVEY. THE SURVEY WAS CONDUCTED TO MEET THE SPECIFICAT'O'NS FOR A CATEGORY IA, CGNDITION II SURVEY ACCORDING I'D THE CURRENT MANUAL OF PRACTICE FOR LAND SURVE'rlNG IN THE STATE OF TEXAS AS PUBLISHED BY THE TEXAS SOCIETY OF PROFESSIONA_ SURVEYORS. DO LA J, ANDERSON REG D PROFESSIONAL LAND SURVEYOR TEXAS GIS FRATION No. 5128 �EMsfD: 4/19/02—FEMSFD EASELENT4. 379 ACRE TRACT (60,078 SO. FT.) (1.000 ACRE EXCLUSIVE OF PERMANENT EASEMENTS) EPHRAIM EVANS SURVEY, A-212 WIWAMSON COUNTY, TEXAS SURVCON INC. PROFESSIONAL SURVEYORS 400 WEST 15 th STREET, SUITE 1030 AUSTIN, TEXAS 78701 PH. (512) 457-7870 SCALE-: 1" = 100' lJOB NO. 417-1120 (DATE: 04-09-02 IF.B. N0. JOB—NAME—BK.NO. I FACE 2 OF' 2 IDRAWN BY: MDM Ir n 41710. 71120—FOSTER 1 acre ewop.dwq Exhibit C I. INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: EVANS 1.379 AC COUNCIL DISTRICT NO. 1 DATE: SEPTEMBER 9, 2014 This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to this Service Plan, which has sometimes been referred to as "Evans Survey 1.379 acres." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on September 91h and September 23rd, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. Annexation Service Plan Evans Survey 1.379 acres Page 1 of 11 For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility - City -owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. Annexation Service Plan Evans Survey 1.379 acres Page 2 of 11 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City- wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services - The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. Annexation Service Plan Evans Survey 1.379 acres Page 3 of 11 11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services- Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule - Per the Development Agreement Annexation Service Plan Evans Survey 1.379 acres Page 4 of 11 4. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An Annexation Service Plan Evans Survey 1.379 acres Page 5 of 11 amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one -quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. Annexation Service Plan Evans Survey 1.379 acres Page 6 of 11 D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system - the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall Annexation Service Plan Evans Survey 1.379 acres Page 7 of 11 continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. Annexation Service Plan Evans Survey 1.379 acres Page 8 of 11 B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: Annexation Service Plan Evans Survey 1.379 acres Page 9 of 11 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020.On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200- feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems Annexation Service Plan Evans Survey 1.379 acres Page 10 of 11 A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right-of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including, but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. E. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. F. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan Evans Survey 1.379 acres Page 11 of 11 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for the Voluntary Annexation of 1.22 acres in the Wright Survey, located at 4124 Williams Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: The proposed annexation is a small property on the south side of Williams Drive between Estrella Crossing and La Paloma Drive. The property is not part of a subdivision and is situated in a row of unincorporated properties that have varying levels of services and utilities.The property in question is currently a residential use that is seeking redevelopment into an assisted living facility that will require extension of sewer, thus triggering the petition for annexation. Due to the annexation calendar established by the Texas Local Government Code, the public hearings will be held in September, with Council action tentatively set for October. In order to complete the annexation, the following process will be followed: Aueust - October Annexation Cycle September 9, 2014: Resolution accepting petition September 9, 2014: 1 st Public Hearing held at City Council Meeting. September 23, 2014: 2nd Public Hearing at City Council Meeting. October 14, 2014: 1 st Reading of Ordinance at City Council Meeting, October 28, 2014: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1 st reading, the last scheduled Council Meeting in the 90 days is December 9, 2014) Recommended Motion: Approval of the ordinance for the Wright survey voluntary annexation. FINANCIAL IMPACT: None at this time. The applicant has paid all required fees. A Service Plan detailing City service requirements for the annexation is available online. The City will assume immediate public safety responsibilities. The developer will be responsible for public improvements and development costs per the terms of the City's utility and construction requirements. The City will assume maintenance of public facilities once constructed and accepted. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Applicant Request Letter Ordinance Exhibit A - Location Map Exhibit B - Property Survey Exhibit C - Service Plan 4124 Williams Drive Georgetown, TX 78628 12 August 2014 City of Georgetown Planning Department P.O. Box 864 Georgetown, TX 78628 Subject: Letter of Intent for Voluntary Annexation of Property at 4124 Williams Drive I voluntarily request that the City of Georgetown, TX, annex my property at 4124 Williams Drive. The property is contiguous to the current city limits, is 1.227 acres, and is currently residential, with one occupant. The applicant reserves the right to pull this annexation application from consideration at any time during the proceedings. With this signed petition for voluntary annexation, the landowner understands that construction of any capital improvements necessary for development on the property will not be the responsibility of the City of Georgetown if approved for annexation; rather, such improvements will occur through non -City financial assistance through subdivision and construction process. Sincerely, eung O Ordinance No. An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 1.227 acres, more or less, in the Wright Survey, as described herein; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council approved a resolution granting the petition on September 9, 2014; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on September 9, 2014, and September 23, 2014; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; 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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 1.227 acres in the Wright Survey, as shown in "Exhibit A" of this ordinance, and as described in "Exhibit B" of this ordinance. "Exhibit C" contains the service plan. Ordinance No. 1.227 ac Wright Annexation Date Approved: October 28, 2014 Page 1 of 2 ANX-2014-009 Exhibit A,B,C attached Section 3. The 1.227 acres, as described in "Exhibit B" of this ordinance, is included in City Council District 3, as it is adjacent to Council District 3 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. 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 accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 1411, day of October, 2014. Passed and Approved on Second Reading on the 28th day of October, 2014. Attest: Jessica Brettle City Secretary Approved as to form: Bridget Chapman City Attorney Ordinance No. 1.227 ac Wright Annexation Date Approved: October 28, 2014 The City of Georgetown: Dale Ross Mayor Page 2 of 2 ANX-2014-009 Exhibit A,B,C attached EST. 1848 GEORGETOWN TEXAS s City Limits 0 Street S i `� Site IM Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only ANX-2014-009 Exhibit A W-ESPPRPpP . . ... tk ... ... .. ... . . . . . . . . . . . . . . . . . . �I . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 500 1,000 Legend ® Site = Parcels ©City Limits 0 Georgetown ETJ s'Oq . . . Q- Exhibit B LEGAL DESCRIPTION <. N NWT f E SCALE W 1"=50' _ SW / \SE LOT 5 GEORGIAN VILLAGE (CAB. E, SLIDE 192) I IyAry. LOT 8 gBAJ COUNTRY WEST (CAB. D, SLIDE 202) W DE OH c P.O.B. El ON OFF 1/2" REBAR FOUND WIRE FENCE CHAIN LINK FENCE WOOD FENCE WATER DRAINAGE ESMT RECORD INFORMATION UTILITY POLE OVERHEAD UTILITY LINE(S) PROPANE TANK POINT OF BEGINNING SEPTIC AIR CONDITIONER INSIDE OF SUBJECT BOUNDARY OUTSIDE OF SUBJECT BOUNDARY 9020 ANDERSON MILL RD AUSTIN, TEXAS 78729 (512) 249-8149 PHONE (512) 331-5217 FAX W,W W. ALLSTARLANDSURVEYING.COM i 1.227 ACRES OF LAND OUT OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13 IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO. 0 !F N t1ENI -'s R. RUST 4643 $ fe s S L TO THE LIEN HOLDER AND ! OR OWNERS OF THE PREMISES SURVEYED AND TO: CHICAGO TITLE INSURANCE COMPANY I DO HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE OF THE PROPERTY LEGALLY DESCRIBED HEREON AND THAT THERE ARE NO BOUNDARY LINE CONFLICTS, ENCROACHMENTS OVERLAPPING OF IMPROVEMENTS, OR ROADS IN PLACE, EXCEPT AS SHOWN HEREON, AND CERTIFIES ONLY TO THE LEGAL DESCRIPTION AND EASEMENTS SHOWN ON THE REFERENCED TITLE COMMITMENT. F.I.R.M. MAP INFORMATION I ADDRESS THIS PROPERTY DOES NOT LIE WITHIN THE 100 YEAR FLOOD - SE lJ 1V GHO OH PLAIN, AND HAS A ZONE "X" RATING AS SHOWN ON THE E 4124 WILLIAMS DRIVE FLOOD INSURANCE RATE MAPS MAP NO.48491CO230C GEORGETOWN, WILLIAMSON COUNTY, TEXAS PANEL: DATED: SEPTEMBER 27, 1991 THIS CERTIFICATION IS FOR SURVEY DATE: JULY 9, 2007 FIELDED BY: PETE LOPEZ 07l05/2007 INSURANCE PURPOSES ONLY AND IS NOT A GUARANTEE THAT THIS TITLE CO.: CHICAGO TITLE COMPANY CALC. BY: EDDIE RUMSEY 07/06/2007 PROPERTY WILL OR L NOT FLOOD. CONTACT YOUR LOCALAL FLOOD PLAIN G.F. NO.: 002701904 DRAWN BY: NEIL MORRI LL 07/09/2007 ADMIIJISTRATOR FOR THE CURRENT JOB NO.: A0700107 CHECKED BY: NEIL MORRILL 07/09/2007 STATUS OF THIS TRACT, RPLS CHECK: DENNIS RUST 07/09M07 Exhibit C I. INTRODUCTION CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: WRIGHT SURVEY 1.227 AC COUNCIL DISTRICT NO. 3 DATE: SEPTEMBER 9, 2014 This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to this Service Plan, which has sometimes been referred to as "Wright Survey 1.227 acres." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on September 911, and September 23rd, in accordance with Section 43.0560) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. Annexation Service Plan Wright Survey 1.227 acres Page 1 of 11 For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility - City -owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. Annexation Service Plan Wright Survey 1.227 acres Page 2 of 11 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City- wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services - The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. Annexation Service Plan Wright Survey 1.227 acres Page 3 of 11 11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services- Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule - Per the Development Agreement Annexation Service Plan Wright Survey 1.227 acres Page 4 of 11 4. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An Annexation Service Plan Wright Survey 1.227 acres Page 5 of 11 amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one -quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. Annexation Service Plan Wright Survey 1.227 acres Page 6 of 11 D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system - the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall Annexation Service Plan Wright Survey 1.227 acres Page 7 of 11 continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. Annexation Service Plan Wright Survey 1.227 acres Page 8 of 11 B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: Annexation Service Plan Wright Survey 1.227 acres Page 9 of 11 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020.On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200- feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems Annexation Service Plan Wright Survey 1.227 acres Page 10 of 11 A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right-of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including, but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. E. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. F. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan Wright Survey 1.227 acres Page 11 of 11 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for the Voluntary Annexation of 753.3 acres in the Perry, Thompson, Donagan, and Stubblefield Surveys, to be known as Wolf Ranch Hillwood, generally located at West University Avenue and Wolf Ranch Parkway -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: The proposed annexation is for a roughly 753-acre tract located west of I-35 along University Avenue. The annexation was established as a condition precedent in the consent agreement allowing a Municipal Utility District (MUD) for the property that was approved by City Council in August. A rezoning of the property to a Planned Unit Development (PUD) is a forthcoming discretionary entitlement that City Council will be able to examine. At this time, only the annexation of the property is under consideration. Due to the annexation calendar established by the Texas Local Government Code, the public hearings will be held in July, with Council action tentatively set for August. In order to complete the annexation, the following process will be followed: June -August Annexation Cycle June 24, 2014: Resolution accepting petition. July 8, 2014: 1st Public Hearing held at City Council Meeting. July 22, 2014: 2nd Public Hearing at City Council Meeting. August 12, 2014: 1st Reading of Ordinance at City Council Meeting. 2nd Reading of Ordinance can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is November 11, 2014) Recommended Motion Approval of the first reading of the ordinance for the Wolf Ranch annexation. FINANCIAL IMPACT: None at this time. The Applicant has paid the required voluntary annexation petition fees. A Service Plan detailing City service requirements for the annexation is available online. The City will assume immediate public safety responsibilities. The developer will be responsible for public improvements and development costs per the terms of the proposed development agreement. The City will assume maintenance of public facilities once constructed per the terms of the agreement. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Ordinance Wolf Ranch Exhibit A - Location Man Exhibit B - Survey Sketch Exhibit C - Service Plan Ordinance No. An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 753.3 acres, more or less, in the Perry, Thompson and Donagan Surveys, as described herein; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council approved a resolution granting the petition on June 24, 2014; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on July 8, 2014, and July 22, 2014; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; 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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 753.3 acres in the Perry, Thompson and Donagan Surveys, as shown in "Exhibit A" of this ordinance, and as described in "Exhibit B" of this ordinance. "Exhibit C" contains the service plan. Ordinance No. 753.3 acres Wolf Ranch Hillwood Date Approved: 10128114 Page 1 of 2 ANX-2014-008 Exhibit A,B,C attached Section 3. The 753.3 acres, as described in "Exhibit B" of this ordinance, is included in City Council District 2, as it is adjacent to Council District 2 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. 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 accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 121h day of August, 2014. Passed and Approved on Second Reading on the 281h day of October, 2014. Attest: Jessica Brettle City Secretary Approved as to form: Bridget Chapman City Attorney Ordinance No. 753.3 acres Wolf Ranch Hillwood Date Approved: 10128114 The City of Georgetown: Dale Ross Mayor Page 2 of 2 ANX-2014-008 Exhibit A,B,C attached =mD 00-98001 1 NOIIVHIS1938 nYll 'sHoxwns oNY7 7moiss3vo8d jo oHvoa S'VX31 OZP it NOIIVHIS1038 MVU 'S833NION3 7MOISS3_408d -40 G&V08 SVX31 1989'6.96ZP9 '"-4 1s3m oae3itns tUg't�9V-7t9 -*.gNOHd I ZgZSZ SVX31 Nllsnv OA 7G >193YO 7VOHS 009Z SAF33NIDN3 . 3iva NOISIAM offI NOSMdO-3dVd r 0 0 ' N) SdXgl KiNnOO NOSVIV11-11M C5 0 0 HON`d�l ��OM mw Z6 L13 ,I Lo 0 0 Z c; t.1 Z cr- m _j E� ui LLJ 2 w JO il8I Hx3 11dlJ3n0 0 m M: 1 2 a 0 0 w V) 6A. kc ui C*4 T 0 0 C-4 ou ZO 0 0 0- 00 0 It 0 u u xg� II T-- z 0 - .0 - Lij w 9guo t 0 0 < 0. 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INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to this Service Plan, which has sometimes been referred to as "Wolf Ranch Hillwood 753 acres." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 8 and July 22, in accordance with Section 43.0560) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. The development of this property is anticipated to be developed under the terms of a series of agreements that will dictate improvements schedules and obligations of the City and developer. The agreements shall control the schedule of the provision of municipal services for the areas. To the extent that there is a conflict between this Service Plan and said agreements, the agreements shall control. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 1 of 12 The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility - City -owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 2 of 12 Development Code ("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City- wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 3 of 12 10. Animal Control Services - The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services- Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 4 of 12 extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule - Per the Development Agreement 4. Roads and Streets - No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services - No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 5 of 12 Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one -quarter mile Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 6 of 12 away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 7 of 12 4. If any property in the annexed area is using a septic system — the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 8 of 12 Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 9 of 12 A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020.On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200- feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 10 of 12 It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right-of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including, but not limited to, cooling water, process water orblow-down water from cooling towers or evaporative coolers; D. E. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. F. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 11 of 12 Annexation Service Plan Wolf Ranch Hillwood 753 acres Page 12 of 12 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for the Voluntary Annexation of 54.54 acres of right-of-way for the future Southwest Bypass and Wolf Ranch Parkway -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: The proposed annexation is for approximately 54 acres of right-of-way consisting of the recently acquired property for the planned Southwest Bypass and Wolf Ranch Parkway extension. This is a City -initiated annexation item. The right-of-way is being annexed as a companion item to the Wolf Ranch Hillwood annexation, so that the Hillwood action does not create a "donut hole" within the city limits and so that the City will hold jurisdictional authority when the roads are eventually built. In order to complete the annexation, the following process will be followed: June -August Annexation Cycle July 8, 2014: Resolution accepting petition. July 8, 2014: 1 st Public Hearing held at City Council Meeting. July 22, 2014: 2nd Public Hearing at City Council Meeting. August 12, 2014: 1st Reading of Ordinance at City Council Meeting. October 28, 2014: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is November 11, 2014) Recommended Motion: Approval of the ordinance for the Southwest Bypass right of way. FINANCIAL IMPACT: None at this time. The City, through GTEC, has already purchased the rights -of -way for these roads and therefore the City is already responsible for upkeep and maintenance as a property owner. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Exhibit A - Survey partl Exhibit B - Survey 12art2 Exhibit C - Service Plan Exhibit D - Location Man Ordinance SW Bypass EXHIBIT _A METES AND BOUNDS DESCRIPTION FOR A 39.713 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL FOUR AN 11 ACRE TRACT OF LAND DESCRIBED IN VOLUME 571, PAGE 335, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT NO. 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 39.713 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 40D nail found monumenting the most westerly southwest corner of the said Tract Two, Parcel One, 412-acre Wolf McLachlan, et al tract, same being on an angle point in the northerly boundary line of the 457-acre tract of land described in Volume 345, Page 460, Deed Records of Williamson County, Texas as conveyed to Monnajene G. Knight, Trustee of the Lorenza G. Knight and Monnajene G. Knight Revocable Living Trust as recorded in Document 2009074984, Official Public Records of Williamson County, Texas; THENCE N70004'14"E, with the common boundary line of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, and said 457-acre Knight tract for a distance of 1209.30 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the southwest corner and POINT Of BEGINNING hereof; THENCE through the interior of said Tract Two, Parcel One, 412- acre Iva Wolf McLachlan, et al tract, the following four (4) courses and distances: ik EXHIBIT Page ®f , 1) with the arc of a curve to the right having a delta angle of 9*3315311, an arc length of 431.37 feet, a radius of 2584.00 feet, and a chord which bears N22°30'15"W for a distance of 430.87 feet to a cotton gin spindle set in rock, monumenting the end of said curve; 2) N6505113411W for a distance of 38.98 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 3) S69008126"W for a distance of 28.30 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 4) N20°51'34"W for a distance of 5.30 feet to a calculated point in the northerly boundary line of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being on a point in the southerly boundary line of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, and from which a 40D nail found on the most westerly northwest corner of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being on an angle point in said southerly boundary line of Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, same being on an angle point in said northerly boundary line of the 457-acre Knight tract, bears S68°47115"W for a distance of 1129.85 feet; THENCE through the interior of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract the following eight (8) courses and distances: 1) N2O°51'34"W for a distance of 144.70 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 2 2) N69008126"E for a distance of 17.22 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 3) N24°081'2611E for a distance of 35.68 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 4) N17051'34"W for a distance of 243.14 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 5) N09°34'57"W for a distance of 885.18 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 6) N1400715511W for a distance of 1148.34 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning of a curve to the left hereof; 7) with the arc of said curve to the left having a delta angle of 69004115", an arc length of 571.41 feet, a radius of 474.00 feet, and a chord which bears N4801211911W for a distance of 537.44 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying" monumenting the end of said curve; 8) N07015133"E for a distance of 166.37 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying" on a point in the northerly boundary line of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, same being on a point in the southerly right-of- way line of S.H. 29 (100' wide right-of-way width), as conveyed to the State of Texas, called Tract No. 1 (7 acres) as recorded in Volume 264, Page 82, Deed Records of Williamson County, Texas, monumenting the northwest corner hereof, and from which a calculated point on a point of curvature in said southerly right-of-way line of 3 i1 3 S.H. 29, same being on a point in said northerly boundary line of Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, bears N82044110"W a distance of 232.69 feet and from said calculated point a concrete highway right-of-way monument found to be out of position bears S11°45153"W a distance of 3.37 feet, and from said calculated point another concrete highway monument found on a point of curvature in the northerly right-of-way line of said S.H. 29, bears N7015150"E for a distance of 100.00 feet; THENCE S8204411011E with said northerly boundary line of Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, same being with said southerly right-of-way line of S.H. 29, same being with said southerly boundary line of said 7-acre State of Texas tract for a distance of 28.68 feet to a calculated point on the most westerly corner of aforementioned Tract Two, Parcel Four, 11-acre Iva Wolf McLachlan, et al tract; THENCE S8204411011E with the northerly boundary line of said Tract Two, Parcel Four, 11-acre Iva Wolf McLachlan, et al tract, same being with said southerly boundary line the 7-acre State of Texas tract, same being with said southerly right-of-way line of S.H. 29 for a distance of 914.36 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the northeast corner hereof, and from which a calculated point in said southerly right-of-way line of S.H. 29, bears S82044110"E for a distance of 1854.45 feet, and from said calculated point a 1/2" iron rod found on the northeast corner of said Tract Two, Parcel Four, 11-acre Iva Wolf McLachlan, et al tract, same being on the northwest corner of Legends Oaks, a subdivision recorded in Cabinet F, Slide 264 of the Plat Records of Williamson County, Texas, bears S07°15'50"W for a distance of 0.29 feet; THENCE departing said right-of-way line of S.H. 29, and said southerly boundary line of the 7-acre State of Texas tract, through the interior of said Tract Two, Parcel Four, 11-acre Iva Wolf McLachlan, et al tract the following three (3) courses and distances: WiSrr � mge il 1) S07°15133"W for a distance of 174.29 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 2) N8204412711W for a distance of 50.00 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning of a curve to the left hereof; 3) with said arc of curve to the left having a delta angle of 20*18157", an arc length of 15.95 feet, a radius of 45.00 feet, and a chord which bears S87°0610511W for a distance of 15.87 feet to a calculated point on the southerly boundary line of said Tract Two, Parcel Four, 11-acre Iva Wolf McLachlan, et al tract, same being on a point in the northerly boundary line of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan tract; THENCE through the interior of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract the following eight (8) courses and distances: 1) continuing with the arc of said curve to the left having a delta angle of 90036148", an arc length of 71.17 feet, a radius of 45.00 feet, and a chord which bears S31°38112"W for a distance of 63.98 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of said curve; 2) S13040'11"E for a distance of 348.33 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying" monumenting an angle point hereof; 3) S07040124"E for a distance of 167.52 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 4) S13024114"E for a distance of 862.15 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; E.'CI�41 �i�° A r Page i 5 5) S1901015511E for a distance of 904.13 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 6) S6405115611E for a distance of 35.63 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 7) N70007148"E for a distance of 44.76 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 8) S19051156"E for a distance of 138.76 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" in the southerly boundary line of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, same being on a point in the northerly boundary line of aforementioned Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, and from which a 1/2" iron rod found on the southeast corner of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, same being on an angle point in said northerly boundary line of Tract Two Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being on the southwest corner of said Legend Oaks subdivision, bears N68047115"E a distance of 1576.86 feet; THENCE through the interior of said Tract Two, Parcel One, 412- acre Iva Wolf McLachlan, et al tract the following four (4) courses and distances: 1) S19051156"E for a distance of 11.24 feet to a 1/2" iron rod set with cap marked "Diamond Surveying", monumenting an angle point hereof; 2) S70°07148"W for a distance of 44.76 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; G 3) S25008104"W for a distance of 35.28 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point hereof; 4) S1902211211E for a distance of 441.54 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying" on a point in the said southerly boundary line of Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being on a point in the aforementioned northerly boundary line of the 457-acre Knight tract, monumenting the southeast corner hereof, and from which a 40D nail found on an angle point in said southerly boundary line of Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being on an angle point in said northerly boundary line of the 457-acre Knight tract, bears N70°04114"E for a distance of 721.98 feet; THENCE S7000411411W with the common boundary line of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract and said 457-acre Knight tract for a distance of 530.92 feet to the POINT OF BEGINNING and containing 39.713 acres of land more or less. [BEARING BASIS: NAD-83(1993), TEXAS CENTRAL (4203), STATE PLANE SYSTEM for this description] A sketch of survey has been prepared to accompany this metes and bounds description. <>DIAMOND SUR VEYLVG, INC. 116 SKYLINE ROAD, GEORGETOWN,, TX 78628 0 F '�� RFo' (512) 931-3100 -51j : SHANE...SHAFER.. September 13, 2011 <'.P0 5281 P :� �� SHANE SHAFER, R.P.L.S. N0. 5281 DATE SUR`�F'y 7 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 39.713 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PART OF TRACT TWO, PARCEL FOUR, AN 11 ACRE TRACT OF LAND DESCRIBED IN VOLUME 571, PAGE 335, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. n SCALE: 1"= 200' IVA WOLF MCLACHLAN, ET AL (DOC. 2009090677) TRACT TWO, PARCEL THREE 291.09 ACRES (VOL. 601, PC. 755) ZI 0 cD w 00) 00 00 cr DETAIL j I co I \ \ COTTON \ SPINDLE i DETAIL ARP/G� i 2 3�o" N 1 �\ SVRJ eS,\Rp,G yco ` Rpy\Msv v�' 6 p g� P .' fop \PGPN��' PSNAQ 6p8 nSE �aS� 6a \ - L2 1 S 112985 MONNAJENE G. KNIGHT, TRUSTEE (DOC. 2009074984) 457 ACRES (VOL. 345, PG. 460) 15 /r \ I 'p0< r �ooc q� A 2009.79 OMM�NG���N� l \A 'I p OOS 3d �2 CURVE DATA AL Curve F Radius I Length Delta Chord LINE DATA Course Bearing Distance L1 N 65'51'34" W 38.98' L2 S 69'08'26" W 28.30' L3 N 20'51'34" W 5.30' L4 N 20'51 34" W 144.70 L5 N 69'08'26" E 17.22' L6 N 24'08'26" E 35.68' L7 N 17'51'34" W 243.14' L8 S 64'51'56" E 35.63' L9 N 70'07'48" E 44.76' L10 S 19'51'56" E 138.76' Lll I S 19'51'56" E 11.24 L12 S 70'07 48" W 44.76' L13 S 25'08'04" W 35.28' IVA WOLF MCLACHLAN, ET AL LEGEND (DOC. 2009090677) OAKS TRACT TWO, PARCEL THREE F/264 291.09 ACRES (VOL. 601, PG. 755) i C8 �\ Jam♦ ' M I \ � 7 DETAIL P WIA Eg4i RC G POINT OF BEGINNING 5 992 4 * MONNAJENE G. KNIGHT, TRUSTEE S gp 0A OSE� PCB (DOC.84) 457 ACRES AZOPGR��O MEND (VOL. 345, PG. 460) 2p 8E CONNS(RV SO�pPRp(E WOLF TRACT SHEET 1 OF 4 Chord Bear. ` DIAMOND SURVEYING, INC. u6 SKYLINE ROAD, GEORGETOWN, TEXAS 78628 N 9 9'.30' 1 S" W 1 (512) 931-3100 : �1 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 39.713 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PART OF TRACT TWO, PARCEL FOUR, AN 11 ACRE TRACT OF LAND DESCRIBED IN VOLUME 571, PAGE 335, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. " Z 0 PROPOSED car 0.392 ACRE TRACT TO BE CONVEYED BY SEPARATE INSTRUMENT i �q 9 00'A90T OO�,c� �s ry A°0 O� 9�Cl�0 �s J n gn U3 J U3 n z 0 w .P 03 car 2 3� - i SCALE: 1 "= 200' IVA WOLF MCLACHLAN, ET AL (DOC. 2009090677) TRACT TWO, PARCEL THREE 291.09 ACRES (VOL. 601, PG. 755) LEGEND • BOUNDARY MONUMENT FOUND (1/2" IRON ROD UNLESS OTHERWISE NOTED) 0 1 /2" IRON ROD SET WITH CAP MARKED "DIAMOND SURVEYING" COTTON SPINDLE SET ® 4" SQUARE CONCRETE MONUMENT FOUND 1p- CALCULATED POINT ♦ 40D NAIL FOUND WIRE FENCE OPP POWER POLE —OU— OVERHEAD UTILITY LINE T DISTANCE NOT SHOWN TO SCALE LINE DATA Course Bearing Distance L14 N 14'07'55" W 62.13 L15 S 13'40'11" E 348.33' L16 S 07'40'24" E 167.52' WOLF TRACT SHEET 2 OF 4 DIAM OND SURVEYING, INC. 116 SKYLINE ROAD, GEORGETOWN, TEXAS 78628 (512) 931-3100 page- SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 39.713 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PART OF TRACT TWO, PARCEL FOUR, AN 11 ACRE TRACT OF LAND DESCRIBED IN VOLUME 571, PAGE 335, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT 2009090677, OFFICIAL PUBLIC RECORDS OF CURVE DATA WILLIAMSON COUNTY, TEXAS. I S' H. 29 (,00, I\ 1\ � I \ 1 \ J I \ I \ \ 1 ---� i w S• H. o 29 \ N L23 i � ® WOLF \�� i 291.09 AC ,/ DETAIL Curve Radius Length Delta Chord Chord Bear. C2 474.00' 571.41 ' 69'04' 15" 537.44' N 48' 12' 19" W C3 45.00' 15.95' 2018 57" 15.87' S 87'06'05" W C4 45.00' 71.17' 90'36'48" 63.98' S 31'38' 12" W WIDE �'64 SCALE: 1"= 200' E RIGHT-OF-WAY) STATE pF TE---------PP (VO, PG 82) �' 7 ACRESAS ----- DD - L24 S.H.29\\\ ' \ 11\ WOLF 1C LOASpKi \� F1264 i DETAIL "A" IVA WOLF MCLACHLAN, ET AL (DOC. 2009090677) TRACT TWO, PARCEL THREE 291.09 ACRES (VOL. 601, PG. 755) LINE DATA Course Bearing Distance L16 S 07'40'24" E 167.52' L17 N 07'15'33 E 166.37 L18 S 82'44' 10" E 28.68' L19 S 82*4410" E 914.36' L20 S 07' 15 33" W 174.29 L21 N 82'44'27" W 50.00' L22 S 11'45 53" W 3.37' L23 N 82'44'10" W 232.69' L24 S 82*44'10" E 1854.45 L25 S 07'15'50" W 0.29' Lig �1 W SIGN: "CAUTION UNDERGROUND \ TELEPHONE" PHALT ROAD SEE PP DETAIL S 82'44'10"E 1854, A;—\\ 45,k� IVA WOLF MCLACHL qN o (DOT 2009090677� AL J TRACT TW0 PARCEL F) R a 1 (VOL. 11 ACRES FOUR I 571, PG, 335) SO C` NDA� LlN WOLF -. Rp, y 11 AC �� P. \VL21 \ �1 m I 1 I I\ WOLF \\ 291.09 AC DETAIL IVA WOLF MCLACHLAN, ET AL (DOC. 2009090677) TRACT TWO, PARCEL THREE n 291.09 ACRES (VOL. 601, PG. 755) w, N 1� -P, N 0 WOLF TRACT SHEET 3 OF 4 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 39.713 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PART OF TRACT TWO, PARCEL FOUR, AN 11 ACRE TRACT OF LAND DESCRIBED IN VOLUME 571, PAGE 335, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. GENERAL NOTES: 1. Bearing Basis: NAD-83 (1993), Texas Central (4203), State Plane Coordinate System. Distances shown hereon are surface. 2. All Documents listed hereon are Recorded in the Office of the County Clerk of Williamson County, Texas. TITLE COMMITMENT NOTES The Surveyor has reviewed Commitment for Title Insurance GF No. 900064831 P issued by Stewart Title Guaranty Company, issue date June 6, 2011, with regard to any record easements, right of way or setbacks affecting the subject property. 1 1) Easement granted to Texas Power and Light Company as recorded in Volume 239, Page 56, does not affect the Subject Tract. 12) Right of way easement granted to Texas Power & Light Company as recorded in Volume 280, Page 541, does not affect the Subject Tract. 13) Easement granted to Georgetown Development Corporation as recorded in Volume 474, Page 220, does not affect the Subject Tract. 14) An oil, gas and mineral lease as recorded in Volume 802, Page 582, does affect the Subject Tract. 15) Resolution of the Commissioner's Court of the County of Williamson as recorded in Document No. 2001079382, does not affect the Subject Tract. 16) Edwards Aquifer Protection Plan as recorded in Document No. 2001076200, does not affect the Subject Tract. 17) Temporary access and construction easement as recorded in Document No. 2007071210, does not affect the Subject Tract. And Ratification of easement as recorded in Document No. 2007078242, does not affect the Subject Tract. 18) 20' easement for roadway purposes as recorded in Volume 285, 561 and Volume 345, Page 460, said easement does not affect the Subject Tract. 19) Agreement to relocate access easement as recorded in Document No. 2007071211, does not affect the Subject Tract.' And Ratification and confirmation of easement as recorded in Document No. 2007078241, does not affect the Subject Tract.' TITLE COMMITMENT NOTES, CONTINUED 20) The terms, conditions and provisions as recorded in Document No. 2008090661, does affect the Subject Tract. 21) Easement granted to Texas Power & Light Company as recorded in Volume 281, Page 192, does not affect the Subject Tract. 22 - 23) The Subject Tract is subject to the terms and conditions as set forth in Volume 431, Page 566. 24) The Subject Tract is subject to the terms and conditions as set forth in Volume 802, Page 223. 25) The Subject Tract is subject to the terms and conditions as set forth in Volume 802, Page 586. 26) The terms, conditions and provisions as recorded in Document No. 2008090665, does affect the Subject Tract. 27) The terms, conditions and provisions as recorded in Document No. 2008090660, does affect the Subject Tract. 28) An oil, gas and mineral lease as recorded in Volume 802, Page 582, does affect the Subject Tract. 29) Easement granted to Texas Power & Light Company as recorded in Volume 280, Page 537, does not affect the Subject Tract. 30) Distribution line eeasement granted to Texas Power & Light Company as recorded in Volume 359, Page 442, does not affect the Subject Tract. 31) Distribution line easement granted to Texas Power & Light Company as recorded in Volume 400, Page 142, does not affect the Subject Tract. 32) Distribution line easement granted to Texas Power & Light Company as recorded in Volume 417, Page 77, does not affect the Subject Tract. 33) Easement and right of way granted to GTE Southwest Incorporated as recorded in Volume 2721, Page 318, does not affect the Subject Tract. 34) Easement and right of way granted to GTE Southwest Incorporated as recorded in Document No. 9523855, does not affect the Subject Tract. CERTIFICATION TO: CITY OF GEORGETOWN and STEWART TITLE GUARANTY COMPANY EXCLUSIVELY. THE UNDERSIGNED CERTIFIES THAT THIS SURVEY WAS THIS DAY MADE BY ME OR UNDER MY SUPERVISION ON THE GROUND OF THE REAL PROPERTY SHOWN ON THE SURVEY, AND AFTER THE EXERCISE OF PROFESSIONAL DILIGENCE AND REASONABLE CARE THAT THIS SURVEY IS CORRECT TO THE BEST OF THE UNDERSIGNED'S KNOWLEDGE AND BELIEF; THAT THERE ARE NO VISIBLE DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, OR BOUNDARY CONFLICTS OR VISIBLE ENCROACHMENTS, PROTRUSIONS OR OVERLAPPING OF IMPROVEMENTS, EXCEPT AS SHOWN HEREON; AND THAT THE PROPERTY HAS ACCESS TO AND FRQM A DEDICATED} ROADWAY, EXCEPT AS SHOWN HEREON. Se SHANE SHAFER, .P.L.S. NO. 5281 mber 13, 2011 DATE a1SA eRE`�+ytP .......................... SHANE SHAFER P ... 5281 EXHIBIT _I__ METES AND BOUNDS DESCRIPTION FOR A 14.839 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT NO. 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 14.839 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found monumenting the southeast corner of a 60 foot wide utility and roadway easement as shown on the plat of the First Baptist Church of Georgetown Subdivision recorded in Cabinet L, Slide 311 of the Plat Records of Williamson County, Texas, same being on the current southerly termination of D B Wood Road (120' wide right-of-way), same being on a point in the northerly boundary line of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, for the POINT OF BEGINNING hereof; THENCE through the interior of said Tract Two, Parcel One, 412- acre Iva Wolf McLachlan, et al tract, the following thirteen (13) courses and distances: 1) S20°55133"E rod set with monumenting 2) S65°59118"E rod set with monumenting 3) N68056157"E rod set with monumenting 4) S21-03103"E rod set with monumenting for a distance aluminum cap an angle point for a distance aluminum cap an angle point for a distance aluminum cap an angle point for a distance aluminum cap an angle point 5) S68056157"W for a distanc rod set with aluminum cap monumenting the beginning of 349.39 feet marked "Diamond hereof; of 35.63 feet marked "Diamond hereof; of 307.56 feet marked "Diamond hereof; of 150.00 feet marked "Diamond hereof; to a 1/2" iron Surveying", to a 1/2" iron Surveying", to a 1/2" iron Surveying", to a 1/2" iron Surveying", of 448.32 feet to a 1/2" iron marked "Diamond Surveying", point of a curve; 4eff � Page 1- 0-of 6) with the arc of a curve to the right having a delta angle of 2500913011, an arc length of 489.60 feet, a radius of 1115.00 feet, and a chord which bears S81031143"W for a distance of 485.67 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve; 7) N8505313211W for a distance of 408.54 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning point of a curve; 8) with the arc of a curve to the left having a delta angle of 2501710011, an arc length of 425.84 feet, a radius of 965.00 feet, and a chord which bears S81°27'58"W for a distance of 422.39 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve; 9) S6804912711W for a distance of 716.27 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning point of a curve; 10)with the arc of a curve to the right having a delta angle of 8053104", an arc length of 782.31 feet, a radius of 5045.00 feet, and a chord which bears S73°16'00"W for a distance of 781.53 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve; ll)S77042132"W for a distance of 135.30 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning point of a curve; 12)with the arc of a curve to the left having a delta angle of 700212911, an arc length of 601.59 feet, a radius of 4895.00 feet, and a chord which bears S74011117"W for a distance of 601.21 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve and southwest corner hereof; 13)N19°51'56"W for a distance of 11.24 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", being on a point in the northerly boundary line of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being on a point in the southerly boundary line of said Tract Two, Parcel Three, 291.09- acre Iva Wolf McLachlan, et al tract, and from which a 40D nail found on the most westerly northwest corner of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being on an angle point in said southerly boundary line of Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, same being EXHIBIT t(' 2 Page _ of, on an angle point in said northerly boundary line of the 457-acre tract of land conveyed to Monnajene G. Knight, Trustee of the Lorenza G. Knight and Monnajene G. Knight Revocable Living Trust as recorded in Document No. 2009074984 of the Official Public Records of Williamson County, Texas, bears S68047115"W for a distance of 1810.76 feet; THENCE through the interior of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract the following five (5) courses and distances: 1) N19051156"W for a distance of 138.76 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning point of a curve and northwest corner hereof; 2) with the arc of a curve to the right having a delta angle of 700312611, an arc length of 621.42 feet, a radius of 5045.00 feet, and a chord which bears N74°1014911E for a distance of 621.03 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve; 3) N7704213211E for a distance of 135.30 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning point of a curve; 4) with the arc of a curve to the left having a delta angle of 805310411, an arc length of 759.05 feet, a radius of 4895.00 feet, and a chord which bears N73016100"E for a distance of 758.29 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve; 5) N6805515311E for a distance of 65.69 feet to a 1/2" iron rod found monumenting the southeast corner of said Tract Two, Parcel Three, 291.09-acre Iva Wolf McLachlan, et al tract, same being on a point in the northerly boundary line of the aforementioned Tract Two, Parcel One, 412- acre Iva Wolf McLachlan, et al tract, same being on the southwest corner of Legend Oaks Subdivision as recorded in Cabinet F, Slide 264 of the Plat Records of Williamson County, Texas; THENCE with the said northerly boundary line of Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being with the southerly boundary line of said Legend Oaks Subdivision N68°49128"E for a distance of 667.27 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying" on the southerly boundary line of Lot 14 of said Legend Oaks Subdivision, same being on the beginning of a curve to the right hereof, and from ISIT ~ 3 3 Of 61 Page which a 1/2" iron rod found on the southeast corner of Lot 13 of said Legend Oaks Subdivision, same being on the southeast of said Legend Oaks Subdivision, same being on the southwest corner of Georgetown Church of Christ Subdivision as recorded in Cabinet M, Slide 186 of the Plat Records of Williamson County, Texas, same being on a angle point in said northerly boundary line of Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, bears N68049128"E for a distance of 159.27 feet; THENCE departing said southerly boundary line of Legend Oaks Subdivision, through the interior of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract the following five (5) courses and distances: 1) with said arc of curve to the right having a delta angle of 24*25131", an arc length of 475.33 feet, a radius of 1115.00 feet, and a chord which bears N81053'42"E for a distance of 471.74 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve; 2) S8505313211E for a distance of 408.54 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the beginning of a curve to the left hereof; 3) with said arc of curve to the left having a delta angle of 23*2511411, an arc length of 394.46 feet, a radius of 965.00 feet, and a chord which bears N8202315011E for a distance of 391.72 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting the end of this curve hereof; 4) N2403112511E for a distance of 34.80 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", monumenting an angle point in the northerly boundary line hereof; 5) N20°55'33"W for a distance of 349.32 feet to a 1/2" iron rod set with aluminum cap marked "Diamond Surveying", on the southwest corner of a 60 foot wide roadway and public utility easement as shown on the plat of said Georgetown Church of Christ Subdivision, same being on the current southerly termination of D B Wood Road (120' wide right- of-way), same being on a point in the northerly boundary line of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract; THENCE with the northerly boundary line of said Tract Two, Parcel One, 412-acre Iva Wolf McLachlan, et al tract, same being with the current southerly termination of D B Wood Road (120' wide right-of-way), same being in part with the southerly boundary line of said Georgetown Church of Christ Subdivision, same being 4 EXHIBIT (b Page Of, in part with the southerly boundary line of aforementioned First Baptist Church of Georgetown Subdivision, N6804310811E at a distance of 60.00 feet passing the southeast corner of said Church of Christ Subdivision, same being the southwest corner of said First Baptist Church of Georgetown Subdivision, continuing for a total distance of 120.00 feet to the POINT OF BEGINNING and containing 14.839 acres of land more or less. [BEARING BASIS: NAD-83(1993), TEXAS CENTRAL (4203), STATE PLANE SYSTEM for this description] A sketch of survey has been prepared to accompany this metes and bounds description. <>DIAMOND SUR VEYEVG, PVC: 116 SKYLEVEROAD, GEORGETOWN,, TX 78628 (512) 931-3100 September 13, 2011 SHANE SHAFER, R.P.L.S. NO. 5281 DATE � `��G, RFo I gin ............................. SHANE SHAPER 5281 p 0 Of 5 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 14.839 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN, AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT NO. 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. PROPERTY N GNURGN GD.\O�1 RZSZ GOOK OF G1 .�SZpN Gp,B M SL, LINE G \ \ � 03 -p \�$4a\ \\ 0 ��G \ p�s�t� \ 8 N6 gS,�RPG 56e N SOR�� P O PGP Z N �SPPC OON VNE P85�Pc �E PROP ON vU1,1 PS U- 06 ON 8a JOS�pN �NoM J P �O�OGM20p9p P 2�PG � \ �, Z �R G O� A2 \ ``� ES \\ Cb �� 1 °e 11 � k12 1' 1 S85'53'32"E CB 1 hp 408.54' 839 ACRE ;TRACT I; 1 4 P❑INT OF BEGINNING N85'53'32"W v 408.54 0 of N �-I w w n aleAA Oe W QNo hoe c \ o \a\ `O ` PROPOSED -- 0.101 ACRE TRACT TO BE CONVEYED BY SEPARATE INSTRUMENT CURVE DATA Q I} �N �oJ2e�oA 2 v o0 y0,�0% N V 'r OU. O NO. DELTA ARC RADIUS BEARING DISTANCE Cl 25'09'30" 489.60' 1115.00' S81'31'43"W 485.67' C8 23'25'14" 394.46' 965.00' N82'23'50"E 391.72' LEGEND s BOUNDARY MONUMENT FUND (1/2' IRON ROD UNLESS ❑THERWISE NOTED) 0 1/2' IR❑N ROD SET WITH CAP MARKED 'DIAMOND SURVEYING' FLAGGED NAIL FOUND --- WIRE FENCE d.% ROP�R� vN6 p SCALE: 1"= 200' E� PL F MGL 909 6� �� WOL Z00 PRGG 8 A22' PG, �RPGES ��OL, PGR q12 r' S6 S 63 p c�,�. 11 0 0': 1 � 11 568�Aa 32 fA- E � �- I W Lf M2009 PR D� ON at 0 11�P c�"o �.�D• P q22 P I � I (RPG S �vOL 2 RE I � I it I li I I I � I jam` I I TEMPORARY ACCESS AND CONSTRUCTION I I EASEMENT AGREEMENT I I CALLED 0.886 ACRE I DOC. NO. 2007071210 I I AND RATIFICATION AND CONFIRMATION I I OF EASEMENT AS RECORDED IN I I DOC. NO. 2007078242 I' I I I I AGREEMENT TO RELOCATE I I EASEMENT 1 I CALLED 0.886 ACRE DOC. NO. 2007071211 OF EASEMENT�AS RECORDED INMATION DOC. NO. 2007078241 WOLF RANCH PARKWAY RIGHT-❑F-WAY SHEET 1 OF 4 �� -1c -�a SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 14.839 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN, AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT NO. 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. n I SCALE: 1"= 200' J � Q LJ W) LJ LJ S 1i iz �-(L Z t\ J Qowo a: a, U c:) Q JgO-r � cu � L5 J !] LJ 3QuU a¢ > ~o (U OING G3. I L N cN�RCN s0v64 %eb LOT 40 LEGEN� P P fS SL 2 / � LOT 12 . I LOT41 LOT LOT19 / PROPER oz�GO / A9 aE � ^ LOT 14 Z / \ A - N68g9 21 C7 J GAO\ LOT15 /I 5o, til / I LOT 16 \ � \ �g 8� / .0 \.xO. 606 LOT is 2 N O LOT n � \ � JOSS P05�tP C2 Ljs 50 o-- 55 ey"V- N68 PROPOSED A $� 49 2� 0.055 ACRE TRACT S6a 21' TO BE CONVEYED BY ��6' SEPARATE INSTRUMENT �-1 P $A) 422' P 00- PAR q%2 CURVE DATA NO. DELTA ARC RADIUS BEARING DISTANCE C2 25*17'00" 425.84' 965.00' S81'27'58"W 422.39' C3 8'53'04" 782.31' 5045.00' S73'16'00"W 781.53' C6 8'53'04" 759.05' 4895.00' N73'16'00"E 758.29' C7 24'25'31" 475.33' 1115.00' N81'53'42"E 471.74' LEGEND • BOUNDARY MONUMENT FOUND (1/2' IR❑N ROD UNLESS OTHERWISE NOTED) 0 1/2' IR❑N ROD SET WITH CAP MARKED 'DIAMOND SURVEYING' FLAGGED NAIL FOUND fie; WIRE FENCE w O F- w w_ 1n w z J_ a WOLF RANCH PARKWAY RIGHT-❑F-WAY SHEET 2 OF 4 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 14.839 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN, AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT NO. 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. I \\SCALE: 1 "= 200' \ \ \ \ _1 \ W � 68� a'I 15 •� S ' 181p� 6 \ o \ A OZ \ Z L �G d 2 d� MONNAJENE G. KNIGHT, TRUSTEE (D❑C. 2009074984) 457 ACRES (VOL. 345, PG. 460) MCA 90 p6�� �NRO g5� LF Op E� 'I Iv P � HOC' O, P P(2 6p1, PG �RPC�RES N��' 29�09 PC 42 E 32 135.3�c C5 C4 5,sgo \SPPBSNP��PNo 1�8 P 6 C K RUNE 0E ARE OE�� �\NE C3 TRAU S�R�� P NO GQSNo 606 30SEP gS P t PROPOSED' 0.078 ACRE TRACT TO BE CONVEYED BY SEPARATE INSTRUMENT �O�F M2pp90PRCE� G gay 1 P (:Doc - DETAIL CURVE DATA NO. DELTA ARC RADIUS BEARING DISTANCE C3 8'53'04" 782.31' 5045.00' S73'16'00"W 781.53' C4 7'02'29" 601.59' 4895.00' S74'11'17"W 601.21' C5 7'03'26" 621.42' 5045.00' N74'10'49"E 621.03' C6 8'53'04" 759.05' 4895.00' N73'16'00"E 758.29' LEGEND • BOUNDARY MONUMENT FOUND (1/2' IRDN ROD UNLESS ❑THERWISE NOTED) 0 1/2' IR❑N ROD SET WITH CAP MARKED 'DIAMOND SURVEYING' FLAGGED NAIL FOUND — WIRE FENCE b LINE DATA NO. BEARING DISTANCE L1 N 19*50'16" W 11.24' L2 N 19'50'16" W 138.76' 0 N H W W 2 N z x a WOLF RANCH PARKWAY RIGHT-OF-WAY SHEET 3 OF 4 prs SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 14.839 ACRE TRACT OF LAND SITUATED IN THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, AND THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF TRACT TWO, PARCEL ONE, A 412 ACRE TRACT OF LAND DESCRIBED IN VOLUME 422, PAGE 84, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PART OF TRACT TWO, PARCEL THREE, A 291.09 ACRE TRACT OF LAND DESCRIBED IN VOLUME 601, PAGE 755, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACTS OF LAND CONVEYED TO JUDY DEAN WOLF HINDELANG, SUSAN JANE WOLF ROBERTSON, JAY LEON WOLF, JR., IVA WOLF MCLACHLAN, BRIAN ALAN MCLACHLAN, AND AMANDA JUNE MCLACHLAN AS RECORDED IN DOCUMENT NO. 2009090677, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. GENERAL NOTES: TITLE COMMITMENT NOTES, CONTINUED 1. Bearing Basis: NAD-83 (1993), Texas Central (4203), State Plane Coordinate System. Distances shown hereon are surface. 2. All Documents listed hereon are Recorded in the Office of the County Clerk of Williamson County, Texas. TITLE COMMITMENT NOTES The Surveyor has reviewed Commitment for Title Insurance GF No. 900064831 P issued by Stewart Title Guaranty Company, issue date June 6, 2011, with regard to any record easements, right of way or setbacks affecting the subject property. 1 1) Easement granted to Texas Power and Light Company as recorded in Volume 239, Page 56, does not affect the Subject Tract. 12) Right of way easement granted to Texas Power & Light Company as recorded in Volume 280, Page 541, does not affect the Subject Tract. 13) Easement granted to Georgetown Development Corporation as recorded in Volume 474, Page 220, does not affect the Subject Tract. 14) The Subject Tract is subject to the oil, gas and mineral lease as recorded in Volume 802, Page 582. 15) Resolution of the Commissioner's Court of the County of Williamson as recorded in Document No. 2001079382, does affect the Subject Tract as shown. 16) Edwards Aquifer Protection Plan as recorded in Document No. 2001076200, does affect the Subject Tract. 17) Temporary access and construction easement as recorded in Document No. 2007071210, does affect the Subject Tract as shown. And Ratification of easement as recorded in Document No. 2007078242, does affect the Subject Tract. 18) 20' easement for roadway purposes as recorded in Volume 285, Page 561 and Volume 345, Page 460, said easement does not affect the Subject Tract. 19) Agreement to relocate access easement as recorded in Document No. 2007071211, does affect the Subject Tract as shown. And Ratification and confirmation of easement as recorded in Document No. 2007078241, does affect the Subject Tract as shown. 20) The terms, conditions and provisions as recorded in Document No. 2008090661, does affect the Subject Tract. 21) Easement granted to Texas Power & Light Company as recorded in Volume 281, Page 192, does not affect the Subject Tract. 22 - 23) The Subject Tract is subject to the terms and conditions as set forth in Volume 431, Page 566. 24) The Subject Tract is subject to the terms and conditions as set forth in Volume 802, Page 223. 25) The Subject Tract is subject to the terms and conditions as set forth in Volume 802, Page 586. 26) The Subject Tract is subject to the terms, conditions and provisions as recorded in Document No. 2008090665. 27) The terms, conditions and provisions as recorded in Document No. 2008090660, does not affect the Subject Tract. 28) The Subject Tract is subject to the oil, gas and mineral lease as recorded in Volume 802, Page 582. 29) Easement granted to Texas Power & Light Company as recorded in Volume 280, Page 537, does not affect the Subject Tract. 30) Distribution line easement granted to Texas Power & Light Company as recorded in Volume 359, Page 442, does not affect the Subject Tract. 31) Distribution line easement granted to Texas Power & Light Company as recorded in Volume 400, Page 142, does not affect the Subject Tract. 32) Distribution line easement granted to Texas Power & Light Company as recorded in Volume 417, Page 77, does not affect the Subject Tract. 33) Easement and right of way granted to GTE Southwest Incorporated as recorded in Volume 2721, Page 318, does not affect the Subject Tract. 34) Easement and right of way granted to GTE Southwest Incorporated as recorded in Document No. 9523855, does not affect the Subject Tract. CERTIFICATI❑N TO, CITY OF GE❑RGETOWN and STEWART TITLE GUARANTY COMPANY EXCLUSIVELY. THE UNDERSIGNED CERTIFIES THAT THIS SURVEY WAS THIS DAY MADE BY ME OR UNDER MY SUPERVISION ON THE GROUND OF THE REAL PROPERTY SHOWN ON THE SURVEY, AND AFTER THE EXERCISE OF PR❑FESSI❑NAL DILIGENCE AND REASONABLE CARE THAT THIS SURVEY IS CORRECT TO THE BEST OF THE UNDERSIGNED'S KNOWLEDGE AND BELIEF; THAT THERE ARE NO VISIBLE DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, OR BOUNDARY C❑NFLICTS OR VISIBLE ENCROACHMENTS, PR❑TRUSI❑NS OR ❑VERLAPPING OF IMPROVEMENTS, EXCEPT AS SHOWN HEREON; AND THAT THE PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SHOWN HEREON. SEPTEMBER 13, 2011 .P.L.S. NO. 5281 DATE OF T w STe 51� R�o-%9tP ........................... SHANE SHAPER 5281 P 9,I, ss�o`''y6 WOLF RANCH PARKWAY RIGHT-❑F-WAY SHEET 4 OF 4 DIAMOND SURVEYING, INC. 116 SKYLINE ROAD, GEOAGETOWN, TEXAS 78628 C/H Georootown Title Comoanv. In q Page Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: SW BYPASS R.O.W. 54 ACRES (WOLF) COUNCIL DISTRICT NO. 2 DATE: JULY 8, 2014 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to this Service Plan, which has sometimes been referred to as "Southwest Bypass 54 acres (Wolf)." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 8 and July 22, in accordance with Section 43.0560) of the LGC. NOTE: This annexation was initiated by City for right-of-way acquired for a future roadway project. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. Annexation Service Plan SW Bypass 54 acre (Wolf) Page 1 of 11 For the purposes of this Plan, "provision of services" includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility - City -owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. Annexation Service Plan SW Bypass 54 acre (Wolf) Page 2 of 11 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City- wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services - The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. Annexation Service Plan SW Bypass 54 acre (Wolf) Page 3 of 11 11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services- Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule - None Annexation Service Plan SW Bypass 54 acre (Wolf) Page 4 of 11 4. Roads and Streets — No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services — No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An Annexation Service Plan SW Bypass 54 acre (Wolf) Page 5 of 11 amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one -quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. Annexation Service Plan SW Bypass 54 acre (Wolf) Page 6 of 11 D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system - the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall Annexation Service Plan SW Bypass 54 acre (Wolf) Page 7 of 11 continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. Annexation Service Plan SW Bypass 54 acre (Wolf) Page 8 of 11 B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: Annexation Service Plan SW Bypass 54 acre (Wolf) Page 9 of 11 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020.On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200- feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems Annexation Service Plan SW Bypass 54 acre (Wolf) Page 10 of 11 A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right-of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including, but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. E. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. F. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan SW Bypass 54 acre (Wolf) Page 11 of 11 11,1141 Gkfomgi��OWN TEXAS ANX-2014-003 Exhibit D . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rush G� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oar . . . . . . . . . . cps. . . . . . . . . . . . . . . . . . . . . i0 . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . Georgetown S1. Eri U N \-'Site City Limits 0 Slos., S. CITY OF GEORGETOWN . . . . . . . . . . . . . . . . . . . . . . . . . . Legend E3 Site = Parcels ©City Limits = Georgetown ETJ CITY OF — GEORGETOWIV W-Ug", EOR—rI'v-j OF EVO\NN I Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only 4,000 Ordinance No. An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 54.54 acres, more or less, in the Thompson and Donagan Surveys, as described herein; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council approved a resolution granting the petition on July 8, 2014; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on July 8, 2014, and July 22, 2014; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; 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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 54.54 acres in the Thompson and Donagan Surveys, as shown in "Exhibit D" of this ordinance, and as described in "Exhibits A and B" of this ordinance. "Exhibit C" contains the service plan. Ordinance No. 54.54 acres Southwest Bypass (Wolf) Date Approved: 10.28.2014 Page 1 of 2 ANX-2014-008 Exhibit A,B,C attached Section 3. The 54.54 acres, as described in "Exhibits A and B" of this ordinance, is included in City Council District 2, as it is adjacent to Council District 2 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. 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 accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 121h day of August, 2014. Passed and Approved on Second Reading on the 281h day of October, 2014. Attest: Jessica Brettle City Secretary Approved as to form: Bridget Chapman City Attorney Ordinance No. 54.54 acres Southwest Bypass (Wolf) Date Approved: 10.28.2014 The City of Georgetown: Dale Ross Mayor Page 2 of 2 ANX-2014-008 Exhibit A,B,C attached City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for the Voluntary Annexation of 10.76 acres in the Stubblefield and Thompson Surveys, located near DB Wood Road, for First Baptist Church Georgetown -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: The proposed annexation is for a 10.76 acre tract located behind the existing First Baptist Church property at DB Wood and West University Avenue (SH 29). The annexation is being presented to Council as a companion to the Wolf Ranch Hillwood annexation item. The 10.76 acres, recently purchased by the church from the Wolf family, represents a portion of the land within one of the annexation agreements with Wolf Legacy that will be terminated pending the larger Hillwood annexation deal. The church generously agreed to be annexed at this time so that there would be no "donut hole" created by the Hillwood annexation. The Church is not anticipating imminent development of the land and intends to use it in the future for possible campus expansion. In order to complete the annexation, the following process will be followed: June -August Annexation Cycle July 8, 2014: Resolution accepting petition. July 8, 2014: 1 st Public Hearing held at City Council Meeting. July 22, 2014: 2nd Public Hearing at City Council Meeting. August 12, 2014: 1st Reading of Ordinance at City Council Meeting. October 28, 2014: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is November 11, 2014) Recommended Motion Approval of the annexation for First Baptist Church 10.76 acres. FINANCIAL IMPACT: None, this petition has been processed as part of the larger Hillwood Wolf Ranch annexation. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Location Map Ordinance First Baptist Exhibit A - Prope , Survey Exhibit B - Service Plan EST. 1848 GEORGETOWN TEXAS ANX-2014-008 Location Map ` . . . . . . . CITY OF p CITY OF GEORGETO' N O > a ,F.rrY Q R W Universi ° � iYAve 3 1 Site Le City Limits (] Street — Site Im Legend ® Site = Parcels ©City Limits 0 Georgetown ETJ . . . . . . . . . . . . �O . . . . . . . . . . . . . . . . . . . . . . . . . .�a ................ . ................ ............... MEMORIAL DR CITY OF / GFOR"TON" Ut ,i% n ETJ Geor9et0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \. . . . . . . . . . . . . . . . . . . . � � ETJ /'k:L, . Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only 0 1,000 2,000 Feet Ordinance No. An Ordinance of the City Council of the City of Georgetown, Texas, providing for the extension of certain boundary limits of the City of Georgetown, Texas, and the annexation of certain territory consisting of 10.76 acres, more or less, in the Thompson and Stubblefield Surveys, as described herein; providing for service plans; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the owners of the area proposed for annexation submitted a petition in writing requesting annexation of the area; and Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial zoning of newly annexed territory; and Whereas, the Georgetown City Council approved a resolution granting the petition on July 8, 2014; and Whereas, the Georgetown City Council conducted public hearings on the proposed annexation on July 8, 2014, and July 22, 2014; and Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of the City of Georgetown, Texas; and Whereas, the herein -described property lies adjacent and contiguous to the City of Georgetown, Texas; and Whereas, all prerequisites of state law and the City Charter have been complied with; 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 and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision Statements, Goals and Policies. Section 2. The City Council of the City of Georgetown hereby annexes into the city limits 10.76 acres in the Thompson and Stubblefield Surveys, as shown and described in "Exhibit A" of this ordinance. "Exhibit B" contains the service plan. Ordinance No. 10.76 acres First Baptist GT (Wolf) Date Approved: 10.28.2014 Page 1 of 2 ANX-2014-003 Exhibit A,B,C attached Section 3. The 10.76 acres, as described in "Exhibits A" of this ordinance, is included in City Council District 2, as it is adjacent to Council District 2 and no other City Council Districts. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. 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 accordance with the provisions of the Charter of the City of Georgetown. Passed and Approved on First Reading on the 1211, day of August, 2014. Passed and Approved on Second Reading on the 28th day of October, 2014. Attest: Jessica Brettle City Secretary Approved as to form: Bridget Chapman City Attorney Ordinance No. 10.76 acres First Baptist GT (Wolf) Date Approved: 10.28.2014 The City of Georgetown: Dale Ross Mayor Page 2 of 2 ANX-2014-003 Exhibit A,B,C attached i G L X W 1 0 s " o G1Oz°w zz CZH J g =Zo, G u J m> a o oaC Q W 5 W=� �C R vi u 6 n $ $ u I— w N w o m v3 a m �CU),yD N W N o - mu cry ° �R Y f2� W (D N a ~ ' ` a ° i; �`_ SZm a 2 ° `N A O Fpry L.L g i' W Z m g i °o� `mA O W W w WU N `` ��� OZ Z? N O W €a` C9Lij CO rem �� 2 N z s, J �� „$ � z W O W i u O LL N V �„ Q L 3 Zz W o Q�a�L1J <a z C O m J f p 3Z ��f�Eo Q - i'e �6oWtCLLJ UN $:�S -- c.crx mro.ott!i cm W3 ozooWu� � a Z arosss azu!.xy — at � a • E ^ t o �. ° F � 'W- 0 6 r � W w - o Fo WJooWaG w ^t ua z a�nT �� oo �oC000poz U b ^c „o g��53e�w Cc qq 3 oW od C ono .o �7= a:�t Pi>.> -p ou6ow�a `°'iM ,9j g`.•y •�. �� iz z^z z6-'2W !u zi �,u gio� W'se°^ go mJ i,w, Q :e �2z z zz�3ry N"p u° M z 3m 33 z �'�"8- 8 Z � C`1 "� or o o .ZV, w o� W a U OWo FoiS Wig.—,� �"-1HIN `4Eo`t,i`G o u _ z z LU s�y�1 j�s p Z z b w 5 ¢ u vj U ` �'eA i 6 m J C) �a e\ LL C xagi e O nZ AYSZC 4 G �l N I R E O 2- SrLaz = 9 F j r a,rsoJzi°j5ybo ° O O I c i�5 to g yFW� !k^�O..ts e Q --------- �— — — ae ug 8 vi M.»ercN AO�6p R urarc 3.R3T..251 ?G.`� Pv HZ --Flil �9=Fa Falr- spp�J=oy a� z j'�..` N GoIt" z� c o� e� LQ � 5 = n El a= 3Is 2pdyJ��L O P mz 3 M�z�� x tj Ok % °< G 3 oa 1 '^ D.,q-d Ripna ° I G2ZIR h3931S w uclu"-d--O-vla w,o aroVM w.aw+.N asaw �o.cnu,. uoronpoiGa 'Da,eEai. a,ar.4w WNM:q au. r.1a"o Wi o! U.GNsu Apa,.V? sawM.,O asnww an .VL 113Z11B a3`J313 �. a.°.,a.ias.w we sauv e,a asayi ,:,'wv as:n s e!ozn!n,'�v zsc°,'e,w..ea,•�iM.,awa uv.uo,n,a.e,aai wzzusaeuamm�a Exhibit B CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: FIRST BAPTIST CHURCH 10 ACRES COUNCIL DISTRICT NO. 2 DATE: JULY 8, 2014 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit "A" to this Service Plan, which has sometimes been referred to as "First Baptist Church 10 acres." The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 8 and July 22, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated at the consent of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 21/2 years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within Annexation Service Plan First Baptist Church 10 acres Page 1 of 13 41/2 years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, "provision of services' includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection -Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services- Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection - Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility - City - owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City's ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code ("UDC"), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed Annexation Service Plan First Baptist Church 10 acres Page 2 of 13 for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. 5. Operation and Maintenance of Streets, Roads, and Street Lighting - The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City's preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services - Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library - Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City's Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a Annexation Service Plan First Baptist Church 10 acres Page 3 of 13 full description of these services, see the City's Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services - The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations - The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations - The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General - The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services- Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City's authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City's authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that Annexation Service Plan First Baptist Church 10 acres Page 4 of 13 are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule - Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 21/2 years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 1/2 years from the effective date of annexation and will be substantially complete within 4 1/2 years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets - No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan, the City's Capital Improvements Plan; the City's regular or non -impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner's or developer's expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City's standard policies and procedures. Provision of street lighting will be in accordance with the City's street lighting policies. 5. Capital Improvements for Other Municipal Services - No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City's future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces Annexation Service Plan First Baptist Church 10 acres Page 5 of 13 of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City's current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City's Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. Annexation Service Plan First Baptist Church 10 acres Page 6 of 13 In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City's Unified Development Code ("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non -legal lot. B. For property that is required by the City's UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the "subdivider"). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one -quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in He less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. Annexation Service Plan First Baptist Church 10 acres Page 7 of 13 E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City's Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property - the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City's Water and Wastewater Master Plans, and the requested service otherwise meets the City's requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer's cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property - the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system - the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City's centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City's Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been Annexation Service Plan First Baptist Church 10 acres Page 8 of 13 extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City's desire for the property to be connected to the public sanitary sewer line. Reimbursement and cost participation by the City — Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term "utility system" shall mean the City's water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Proiect Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. Annexation Service Plan First Baptist Church 10 acres Page 9 of 13 E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City's utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City's Capital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City's utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec.13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City's Unified Development Code: 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or Annexation Service Plan First Baptist Church 10 acres Page 10 of 13 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term "Development" shall have the same meaning as in Section 16.05 of the City's Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020.On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200-feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. Annexation Service Plan First Baptist Church 10 acres Page 11 of 13 It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A "Low Pressure Sewer System" is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right- of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including, but not limited to, cooling water, process water or blow -down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. Annexation Service Plan First Baptist Church 10 acres Page 12 of 13 C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Annexation Service Plan First Baptist Church 10 acres Page 13 of 13 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance amending the Code of Ordinances Chapter 2.50 "Historic and Architectural Review Commission," Chapter 2.68 "Georgetown Convention and Visitor's Board," Chapter 2.69 "Main Street Advisory Board," Chapter 2.72 "City Library Board," Chapter 2.104 "Parks and Recreation Board," and Chapter 2.116 "Housing Advisory Board;" repealing conflicting ordinances and resolutions and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) ITEM SUMMARY: On September 9, 2012, staff presented City Council with an overview of the following advisory boards and commissions and requested direction on possible amendments to the Code of Ordinances governing these boards. On October 14, 2014, City Council approved the first reading of an ordinance amending the following advisory boards and commissions. 1. Historic and Architectural Review Commission 2. Georgetown Convention and Visitor's Board 3. Main Street Advisory Board 4. City Library Board 5. Parks and Recreation Board 6. Housing Advisory Board The attached Ordinance and exhibits reflect the discussion and direction provided by City Council. FINANCIAL IMPACT: None other than staff time and resources. SUBMITTED BY: Skye Masson ATTACHMENTS: Ordinance Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Redline HARC Changes 2nd Reading Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("CITY") AMENDING THE CODE OF ORDINANCES, CHAPTER 2.50 "HISTORIC AND ARCHITECTURAL REVIEW COMMISSION", CHAPTER 2.68 "GEORGETOWN CONVENTION AND VISITOR'S Board", CHAPTER 2.69 "MAIN STREET ADVISORY BOARD", CHAPTER 2.72 "CITY LIBRARY BOARD", CHAPTER 2.104 "PARKS AND RECREATION BOARD", AND CHAPTER 2.116 "HOUSING ADVISORY BOARD"; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is authorized by Section 2.14 of the City Charter with the power to establish boards, commissions and committees to assist it in carrying out its duties in accordance with State law; and WHEREAS, the City Council now finds it necessary to amend Title 2 of the Code of Ordinances by amending the following advisory boards; and WHEREAS, on September 9, 2014, the Council directed staff to prepare ordinances and bylaws in Title 2 amending the Historic and Architectural Review Commission, the Georgetown Convention and Visitor's Board, the Main Street Advisory Board, the City Library Board, the Parks and Recreation Board, and the Housing Advisory Board; and WHEREAS, the City Council desires that all bylaws and related ordinances for Boards, Commissions, and Committees ("Boards") be maintained following a uniform standard; and WHEREAS, the amendments contained in this ordinance were considered and completed by City Staff for deliberation and approval by the City Council; and WHEREAS, on October 14, 2014, the City Council approved the first reading and recommended amendments to Title 2 amending the Historic and Architectural Review Commission, the Georgetown Convention and Visitor's Board, the Main Street Advisory Board, the City Library Board, the Parks and Recreation Board, and the Housing Advisory Board; and WHEREAS, every general ordinance enacted subsequent to codification shall be enacted as an amendment to the Code; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: Amending Downtown and Community Service Boards and Commissions Page 1 of 2 Ordinance 2014- Date Approved: October _, 2014 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. Section 2. Portions of the following chapters of the Code of Ordinances are hereby amended as described in Exhibit "A" through "F": Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission" Exhibit B - Chapter 2.68 "Convention and Visitor's Bureau Advisory Board" Exhibit C - Chapter 2.69 "Main Street Advisory Board" Exhibit D - Chapter 2.72 "Library Advisory Board" Exhibit E - Chapter 2.104 "Parks and Recreation Advisory Board" Exhibit F - Chapter 2.116 "Housing Advisory Board" Section 3. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full 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 ten (10) 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 14 of October, 2014. PASSED AND APPROVED on Second Reading on the of October, 2014. ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: Bridget Chapman, City Attorney Amending Downtown and Community Service Boards and Commissions Page 2 of 2 Ordinance 2014- Date Approved: October _, 2014 Exhibit A Chapter 2.50 "Historic and Architectural Review Commission" Sec. 2.50.010. - Created; membership. A. There is created the "Historic and Architectural Review Commission" of the City of Georgetown (the "HARC"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. HARC shall be composed of not less than seven regular members. All seven members shall be either registered voters of the City or owners of real property that is designated as historic, either in the City's historic survey or with a state or federal historic designation, or located within the Downtown or Old Town Overlay Districts. Those members that are Georgetown -registered voters must have resided within the City for one year preceding their appointment. Any current Commission member who does not meet these eligibility criteria shall be able to finish their current term of office. Members shall be appointed in accordance with the City Charter. C. Whenever possible, HARC shall include a minimum of two members who are property owners in the historic Downtown Overlay District and a maximum of two members from each of the following categories having a demonstrated interest in the downtown area or skills in design review. Members of the Commission may meet one or more of the categories. 1. Licensed architect; 2. Landscape architect, professional planner, or urban designer; 3. Historian or person with expertise in historic preservation; 4. Developer, contractor, or realtor; and 5. Property owner or non -owner tenant within the Downtown Overlay District. Citizens -at -large with an interest in historic preservation or urban design shall be appointed to the Commission to fill any remaining appointments. Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission" Page 1 of 3 D. The City Council shall also appoint up to three persons who would be qualified to serve on HARC as Commissioners -in -Training. Commissioners -in -Training shall not serve as alternates or as proxies for any Commissioner, but Commissioners -in -Training shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner or upon the creation of a vacancy on the Commission. Sec. 2.50.020. Historic Preservation Officer. The City's Director of Planning and Development, or designee, is hereby designated Historic Preservation Officer and shall have as a principal duty the administration of this chapter and the coordination of the City's various efforts and programs furthering historic preservation. Sec. 2.50.030. Historic and Architectural Review Commission Training. Annual training shall be mandatory for all members of HARC. Such training may include special orientation and training sessions for commissioners and staff members who participate in design review. Staff shall prepare a briefing that explains the specific training topics to those HARC members who, for legitimate reasons, miss a scheduled training session. Sec. 2.50.040. - Powers and duties. The HARC has the power and it shall be its duty: A. To make recommendations to the City Council on the designation of historic sites or districts; B. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; C. To approve or disapprove Certificates of Design compliance; and D. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the districts; and E. To perform any other functions requested by the City Council. (Ord. No. 2010-21, § 2) Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission' Page 2 of 3 Sec. 2.50.050. - Delegation of authority. A. The HARC shall have the express authority to delegate review of minor projects (as defined by majority vote of the HARC) to either: 1. A subcommittee of the HARC composed of at least three members; or 2. City staff as designated by the City Manager. B. Any permit issued pursuant to such delegation of authority shall require the signature of the chair or vice -chair of the HARC and any denial may be appealed to the full HARC. (Ord. No. 2010-21, § 2) Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission' Page 3 of 3 Exhibit B Chapter 2.68 "Convention and Visitor's Bureau Advisory Board" Sec. 2.68.010. - Created; membership. A. There is created the "Convention and Visitor's Bureau Advisory Board" of the City of Georgetown (the "Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. The Board shall consist of up to seven members. Members shall be appointed in accordance with the City Charter. Members of the Board shall be appointed from the following categories: 1. the arts community; 2. the hotel/motel industry; 3. the restaurant industry; 4. major tourist attractions; and 5. the business community. At -large member(s) residing within the corporate City limits or the extraterritorial jurisdiction of the City may be appointed to the Board if an insufficient number of applications are received from individuals representing these organizations or groups. B. All members shall reside in the corporate City limits or extraterritorial jurisdiction of the City. (Ord. No. 2011-20, § 2(Exh. G)) Sec. 2.68.020. - Purpose. A. The purposes of the Board are to encourage tourism in the Georgetown community, to raise the public visibility of local activity which may attract visitors to the City, and to promote and enhance tourism in the convention and hotel industry. Exhibit B - Chapter 2.68 "Georgetown Convention and Visitor's Board" Page 1 of 2 B. The Board is directed to: Develop and regularly update a strategic plan to include specific goals and objectives for promoting tourism and the preservation and appreciation of historic and cultural attributes of our community; 2. Develop guidelines and evaluate proposals for the awarding of funds to promote tourism, in compliance with local and state law; 3. Provide a report to the City Council on its programs on a timely basis; (Ord. No. 2011-20, § 2(Exh. G)) Sec. 2.68.030. - Definitions. "To encourage tourism in the Georgetown community" includes but is not limited to: 1. Developing programs to increase community awareness of the value of tourism; 2. Promoting local convention activity; 3. Promoting guided -tour groups and day -visit opportunities for individuals; 4. Promoting existing and developing additional community events, historical attractions, cultural events and athletic activities and facilities designed to bring visitors to Georgetown; and 5. Developing and maintaining signage to inform the public of significant local programs, historical sites, parks and related information. Exhibit B - Chapter 2.68 "Georgetown Convention and Visitor's Board" Page 2 of 2 Exhibit C - Chapter 2.69 "Main Street Advisory Board" Sec. 2.69.010. - Created; membership. A. There is created the "Main Street Advisory Board" of the City of Georgetown (the 'Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board consists of seven members appointed by the City Council in accordance with the City Charter. Members of the Board shall represent public and private sector interests. Additionally, through public advertising, nominations will be requested from downtown commercial property owners and downtown business owner. Sec. 2.69.020. - Definitions. As used in this chapter, the following terms are defined in this section: "Downtown" shall mean property delineated in the Downtown Master Plan and codified in Section 1.12.040.of the Code of Ordinances. Sec. 2.69.030. - Purpose. In almost every Main Street city, an advisory board is created to work with the Main Street Manager. A. The Board will assist the Main Street Manager in a number of ways, including the following: 1. Expand interest base/support group; and 2. Fund raising for the Main Street Program, or for special projects organized through Main Street, including identifying and utilizing local, state, federal, and private sources including grants and contributions. 3. Make recommendations as to Main Street Program policy; 4. Developing a strategic plan and setting the goals of the Main Street Program; 5. Administering monies from the Main Street Facade Fund; and 6. Providing a report to the City Council on its programs on a timely basis. Exhibit C - Chapter 2.69 "Main Street Advisory Board" Page 1 of 1 Exhibit D Chapter 2.72 "Library Advisory Board" FOOTNOTE(S): --- (12) --- Editor's note— Ord. No. 2011-20, § 2(Exh. I), adopted May 10, 2011, amended Chapter 2.72 in its entirety to read as herein set out. Formerly, Chapter 2.72 pertained to similar subject matter and derived from Ord. No. 2001-18, § 5, and Ord. No. 2007-13, § 8Sec. 2.72.010. - Created; Membership. A. There is created the "Library Advisory Board" of the City of Georgetown (the 'Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board is to be composed of seven members. Members shall be appointed in accordance with the City Charter. C. All members shall reside in the corporate City limits or extraterritorial jurisdiction of the City. (Ord. No. 2011-20, § 2(Exh. I)) Sec. 2.72.020. - Purpose. The purpose of the Board shall be to participate in the update of the Long -Range Plan for the library and serve to promote library programs and services in the community. (Ord. No. 2011-20, § 2(Exh. I)) Exhibit D - Chapter 2.72 "Library Advisory Board" Page 1 of 1 Exhibit E Chapter 2.104 "Parks and Recreation Advisory Board" Sec. 2.104.010. — Created, membership. A. There is created the "Parks and Recreation Advisory Board" of the City of Georgetown (the 'Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board is composed of seven members. Members shall be appointed in accordance with the City Charter. C. All members shall reside in the corporate City limits or extraterritorial jurisdiction of the City. (Ord. No. 2011-20, § 2(Exh. K); Ord. No. 2007-13, § 9; Ord. No. 2001-17 § 3) Sec. 2.104.020. - Purpose. The purpose of the Board shall be to review and recommend acquisition and uses of parkland and sports/recreational facilities and improvements in programs, activities, and facilities to meet current and future community needs for the City and its residents, including Park Master Plans, Park Bonds, and Park Capital Improvement Plans. (Ord. No. 2011-20, § 2(Exh. K); Ord. No. 2001-17 § 3) Exhibit E — Chapter 2.104 "Parks and Recreation Advisory Board" Page 1 of 1 Exhibit F Chapter 2.116 "Housing Advisory Board" Sec. 2.116.010. - Created; membership. A. There is created the "Housing Advisory Board" of the City of Georgetown (the 'Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board shall consist of seven members. Whenever possible, the members shall include the following categories: 1. a representative from Habitat for Humanity; 2. a representative from the Georgetown Housing Authority; 3. a person with knowledge of the home building and/or development industry; and 4. a person with knowledge of mortgage business. It is recommended that the other three members have knowledge of senior housing, real estate, and/or social services. (Ord. No. 2011-20, § 2(Exh. Q)) Sec. 2.116.030. - Purpose. The purpose of the Board is to ensure that the City has affordable housing for residents at all income levels. The Board is responsible for providing long-range housing research and policy recommendations with the housing element of the City's comprehensive plan. The Board is also responsible for reviewing and making recommendations regarding housing developments that request City support for state and federal funding. (Ord. No. 2011-20, § 2(Exh. Q)) Exhibit F - Chapter 2.116 "Housing Advisory Board" Page 1 of 1 Exhibit A Chapter 2.50 "Historic and Architectural Review Commission" Sec. 2.50.010. - Created; membership. A. There is created the "Historic and Architectural Review Commission" of the City of Georgetown (the "HARC"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. HARC shall be composed of not less than seven regular members. All seven members shall be either registered voters of the City or owners of real property that is designated as historic, either in the City's historic survey or with a state or federal historic designation, or located within the Downtown or Old Town Overlay Districts. Those members that are Georgetown -registered voters must have resided within the City for one year preceding their appointment. Any current Commission member who does not meet these eligibility criteria shall be able to finish their current term of office. Members shall be appointed in accordance with the City Charter. C. Whenever possible, HARC shall include a minimum of two members who are property owners in the historic Downtown Overlay District and a maximum of two members from each of the following categories having a demonstrated interest in the downtown area or skills in design review. Members of the Commission may meet one or more of the categories. 1. Licensed architect; 2. Landscape architect, professional planner, or urban designer; 3. Historian or person with expertise in historic preservation; 4. Developer, contractor, or realtor; and 5. Property owner or non -owner tenant within the Downtown Overlay District. Citizens -at -large with an interest in historic preservation or urban design shall be appointed to the Commission to fill any remaining appointments. Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission" Page 1 of 3 D. The City Council shall also appoint up to three persons who would be qualified to serve on HARC as Commissioners -in -Training. Commissioners -in -Training shall not serve as alternates or as proxies for any Commissioner, but Commissioners -in -Training shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner or upon the creation of a vacancy on the Commission. Sec. 2.50.020. Historic Preservation Officer. The City's Director of Planning and Development, or designee, is hereby designated Historic Preservation Officer and shall have as a principal duty the administration of this chapter and the coordination of the City's various efforts and programs furthering historic preservation. Sec. 2.50.030. Historic and Architectural Review Commission Training. Annual training shall be mandatory for all members of HARC. Such training may shall include special orientation and training sessions for commissioners and staff members who participate in design review. Staff shall prepare a briefing that explains the specific training topics to those HARC members who, for legitimate reasons, miss a scheduled training session. Sec. 2.50.040. - Powers and duties. The HARC has the power and it shall be its duty: A. To make recommendations to the City Council on the designation of historic sites or districts; B. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; C. To approve or disapprove Certificates of Design compliance; and D. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the districts; and E. To perform any other functions requested by the City Council. (Ord. No. 2010-21, § 2) Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission" Page 2 of 3 Sec. 2.50.050. - Delegation of authority. A. The HARC shall have the express authority to delegate review of minor projects (as defined by majority vote of the HARC) to either: 1. A subcommittee of the HARC composed of at least three members; or 2. City staff as designated by the City Manager. B. Any permit issued pursuant to such delegation of authority shall require the signature of the chair or vice -chair of the HARC and any denial may be appealed to the full HARC. (Ord. No. 2010-21, § 2) Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission" Page 3 of 3 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance amending the Code of Ordinances by adding Chapter 2.100 "Americans with Disabilities Accessibility Advisory Board," Chapter 2.110 "Georgetown Commission on Aging," and Chapter 2.114 "Strategic Partnerships for Community Services Advisory Board;" repealing conflicting ordinances and resolutions and providing an effective date -- Bridget Chapman, City Attorney and Jessica Brettle, City Secretary (action required) ITEM SUMMARY: City Council has authorized the creation of three new advisory boards under Title 2 of the Code of Ordinances. On March 25, 2014, City Council approved Resolution 032514-L adopting the American's with Disabilities Transition Plan. Approved in conjunction with the ADA Transition Plan was the recommendation to establish and ADA Advisory Committee. The ADA Accessibility Advisory Board is established to inform the City Council about Title II issues that affect individuals with disabilities including but not limited to issues such as transportation, parking, sidewalks, parks and recreation, facility access, and public communication. On August 26, 2014, after working with the Georgetown Aging Initiative focus group, the City Council authorized the establishment of the Georgetown Commission on Aging to focus on senior health/nutrition, housing, transportation, and safety. On April 8, 2014, City Council authorized the establishment of the Strategic Partnerships for Community Services Advisory Board to assist the City is reviewing applications for social services and youth program funding and to provide recommendations on the allocations of social service funding. On October 14, 2014, City Council approved on first reading the recommended additions to Title 2 of the Code of Ordinances to establish the three new advisory boards attached herein. The attached Ordinance and exhibits reflect the discussion and direction provided by City Council. FINANCIAL IMPACT: None other than staff time and resources. SUBMITTED BY: Skye Masson ATTACHMENTS: Ordinance Exhibit A Fxhihit R Exhibit C Strategic Partnerships Policies and Guidelines Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("CITY") AMENDING THE CODE OF ORDINANCES, CHAPTER 2.50 "HISTORIC AND ARCHITECTURAL REVIEW COMMISSION", CHAPTER 2.68 "GEORGETOWN CONVENTION AND VISITOR'S Board", CHAPTER 2.69 "MAIN STREET ADVISORY BOARD", CHAPTER 2.72 "CITY LIBRARY BOARD", CHAPTER 2.104 "PARKS AND RECREATION BOARD", AND CHAPTER 2.116 "HOUSING ADVISORY BOARD"; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is authorized by Section 2.14 of the City Charter with the power to establish boards, commissions and committees to assist it in carrying out its duties in accordance with State law; and WHEREAS, the City Council now finds it necessary to amend Title 2 of the Code of Ordinances by amending the following advisory boards; and WHEREAS, on September 9, 2014, the Council directed staff to prepare ordinances and bylaws in Title 2 amending the Historic and Architectural Review Commission, the Georgetown Convention and Visitor's Board, the Main Street Advisory Board, the City Library Board, the Parks and Recreation Board, and the Housing Advisory Board; and WHEREAS, the City Council desires that all bylaws and related ordinances for Boards, Commissions, and Committees ("Boards") be maintained following a uniform standard; and WHEREAS, the amendments contained in this ordinance were considered and completed by City Staff for deliberation and approval by the City Council; and WHEREAS, on October 14, 2014, the City Council approved the first reading and recommended amendments to Title 2 amending the Historic and Architectural Review Commission, the Georgetown Convention and Visitor's Board, the Main Street Advisory Board, the City Library Board, the Parks and Recreation Board, and the Housing Advisory Board; and WHEREAS, every general ordinance enacted subsequent to codification shall be enacted as an amendment to the Code; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: Amending Downtown and Community Service Boards and Commissions Page 1 of 2 Ordinance 2014- Date Approved: October _, 2014 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. Section 2. Portions of the following chapters of the Code of Ordinances are hereby amended as described in Exhibit "A" through "F": Exhibit A - Chapter 2.50 "Historic and Architectural Review Commission" Exhibit B - Chapter 2.68 "Convention and Visitor's Bureau Advisory Board" Exhibit C - Chapter 2.69 "Main Street Advisory Board" Exhibit D - Chapter 2.72 "Library Advisory Board" Exhibit E - Chapter 2.104 "Parks and Recreation Advisory Board" Exhibit F - Chapter 2.116 "Housing Advisory Board" Section 3. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full 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 ten (10) 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 14 of October, 2014. PASSED AND APPROVED on Second Reading on the of October, 2014. ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: Bridget Chapman, City Attorney Amending Downtown and Community Service Boards and Commissions Page 2 of 2 Ordinance 2014- Date Approved: October _, 2014 Exhibit A Chapter 2.100 "Americans with Disabilities Accessibility Advisory Board" Sec. 2.100.010. Created; membership. A. There is created the Americans with Disabilities Accessibility Advisory Board of the City of Georgetown (the 'Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board shall consist of seven members. Members shall be appointed in accordance with the City Charter. Members should include individuals with disabilities including mobility limitations, sight impaired and/or hearing impaired, individuals with particular expertise relating to issues of accessibility and/or other issues of concern to persons with disabilities, and individuals affiliated with private or public organizations concerned with issues of accessibility and/or other issues of concern to persons with disabilities. Sec. 2.100.020. Purpose. The purpose of the Board shall be to make recommendations to the City Council regarding accessibility and other issues of concern to persons with disabilities. The Board will review the City's American's with Disabilities Act Transition Plan (the "ADA Transition Plan") on an annual basis and participate in the related processes to implement and/or amend the ADA Transition Plan as necessary. Exhibit A - Chapter 2.100 "Americans with Disabilities Accessibility Advisory Board" Page 1 of 1 Exhibit B Chapter 2.110 "Georgetown Commission on Aging" Sec. 2.110.010. - Created; membership. A. There is hereby created the "Georgetown Commission on Aging" of the City of Georgetown (the "Commission"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Commission shall consist of nine members. Members shall be appointed in accordance with the City Charter. Members shall be selected, with attention paid to socio-economic diversification, from the following categories: 1. Two members who are service providers to seniors; 2. One member who is a caregiver to seniors; 3. Three senior members including: (a) a senior living in assisted living; and (b) a senior living in an active -adult age -restricted community; and (c) a citizen -at -large senior citizen, 4. One member from the business community; 5. One member from the medical profession; and 6. One professor, preferably from Southwestern University who shall be encouraged to include student participation and interaction with the Board. If no qualified applicants are available, preference will be given to seniors to fill vacancies on the Commission as citizen -at -large members in accordance with the Code of Ordinances Chapter 2.36. C. The members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. Sec. 2.110.020. - Purpose A. Advise the City Council on the needs and status of seniors in the entire City and recommend ways in which those needs may be met; and Exhibit B - Chapter 2.110 "Georgetown Commission on Aging" Page 1 of 2 B. Determine and assess existing resources in the City which may be utilized by seniors to meet their needs; and C. Evaluate and assess proposed programs, grants and other governmental activities which may impact seniors; and D. Encourage, promote, assist, and safeguard the rights and abilities of older adults throughout the community to maintain maximum health, well-being, and independence; and E. Serve as a liaison between the City Council and the community of senior citizens in matters of public interest; and F. Use available resources to inform senior citizens of community services in health, nutrition, recreation, housing, transportation and safety; and G. Receive input from the senior citizen community including input from other individuals and organizations on issues relevant to the senior community; and H. Act as liaison for senior citizen issues to governmental and private organizations. Sec. 2.110.030. - Definitions. "Senior" is defined as a person 60 years of age or older. Exhibit B - Chapter 2.110 "Georgetown Commission on Aging" Page 2 of 2 Exhibit C Chapter 2.114 "Strategic Partnerships for Community Services Advisory Board" Sec. 2.114.010. - Created; membership. A. There is created the "Strategic Partnerships for Community Services Advisory Board" of the City of Georgetown (the 'Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board shall consist of five members. Members shall be appointed in accordance with the City Charter. Members shall be selected from the following categories including: 1. One member who is a CPA or Accountant, preferably with nonprofit financial background; and 2. One member with a strong working knowledge of local nonprofits; and 3. One member with expertise in grant writing and/or grant evaluation; and 4. Two citizens -at -large with relevant expertise in fields such as health care, including vision and dental healthcare, education, etc. If no qualified individuals are available, appointments shall be made in accordance with the Code of Ordinances Chapter 2.36.030(G). C. The members shall reside in the corporate City limits. Sec. 2.114.020. - Purpose. The City of Georgetown values partnerships with organizations that are committed to addressing our community's greatest public challenges. The purpose of City funding to the nonprofit sector is to cultivate and sustain partnerships with 501(c)3 organizations that strengthen the City's key priorities in the following areas: Public Safety; Transportation; Housing; Parks and Recreation; Veteran Services; and Safety Net. The Board will participate in the grant funding process, will review and evaluate applications submitted for City funds, and will make recommendations to the City Council in accordance with the policies and guidelines established by the City Council. Exhibit C - Chapter 2.114 "Strategic Partnerships for Community Services Advisory Board" Page 1 of 1 EST.1848 UEORGETOWN TEXAS STRATEGIC PARTNERSHIPS FOR COMMUNITY SERVICES GRANT FUNDING POLICIES AND GUIDELINES FY 2015-16 I. CRITERIA FOR SUPPORT — CURRENT STANDARDS: A. Purpose Statement for City of Georgetown funding to the nonprofit sector The City of Georgetown values partnerships with organizations that are committed to addressing our community's greatest public challenges. The purpose of City funding to the nonprofit sector is to cultivate and sustain partnerships with 501(c)3 organizations that strengthen the City's key priorities in the following areas: • Public Safety; • Transportation; • Housing; • Parks & Recreation; • Veteran Services; and, • Safety Net. B. Key Priority Areas Defined Public Safety. • While the City is Georgetown's Public Safety leader (Fire & Police), public safety also encompasses a broad scope of work that makes this community safe for all. ■ Eligible organizations and programs may include those that contribute to safe neighborhoods such out of school time, youth empowerment, and neighborhood community centers. Transportation. • Eligible organizations include those that assist in meeting the transportation needs of Georgetown residents unable to access private transportation such as homebound seniors and youth under the age of 16 years. Housing. • Eligible organizations include those that offer emergency shelter, transitional or temporary housing, and affordable housing. Strategic Partnerships for Community Services Grant Funding Policies and Guidelines Page 1 of 2 Parks & Recreation. Eligible organizations include those that provide affordable, accessible activities that enhance Georgetown residents' health and well-being, including sports, fitness, and other recreational programs. Veteran's Services • Support veteran programs and services within the community. Safety Net. • The City recognizes its responsibility to support efforts to address this community's most pressing basic needs. Examples of basic needs include food insecurity, emergency financial assistance, mental/behavioral health care, substance abuse, domestic/family violence, and health care, including, but not limited to, dental and vision. Safety Net priorities will be based on ongoing analysis of unmet existing needs and emerging needs in this community, and may change over time. II. IMPLEMENTATION POLICIES: A. Appropriation of funds for Strategic Partnerships for Community Services does not encumber subsequent councils to continue appropriations for such funding, and does not imply that subsequent councils may provide such funding. Organizations receiving Strategic Partnerships for Community Services grants from the city are encouraged to identify additional and alternative sources of funding. B. When evaluating applications for Strategic Partnerships for Community Services grant funding, the Council shall consider the portion of funding each organization receives from the City, with the objective of encouraging reliance on funding sources other than the City. III. POLICY FOR ESTABLISHING FUNDING AMOUNTS A. Expenditure targets per Fiscal and Budgetary Policy approved by the City Council: The City has targeted funding for these programs to be $5.00 per capita, which may be adjusted to offset the effects of general inflation based upon CPI. If previous funding levels are higher than the targeted amount, and to avoid significant reductions in levels of funding, the City Council shall seek to attain this target chiefly through population growth. These funds will be allocated and paid according to the City Council's policies and guidelines for Strategic Partnerships for Community Services that were approved by the City Council on April 8, 2014. The proposed funding level for 2015/16 is $400,049, which is the same as in the previous year. B. The Minimum Grant that maybe applied for is $10,000. C. The Maximum Grant that may be applied for is $50,000. FY 2015/16 Strategic Partnerships for Community Services Grant Funding Policies and Guidelines Page 2 of 2 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance to expand the Downtown Overlay District by 5.40252 acres to include a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6; a 0.66-acre tract described as a portion of City of Georgetown, Block 4, Lots 1-4; a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8; a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8; a 0.45-acre tract described as a portion of Stanley Addition, Block 1, Lot 1; a 0.218-acre tract described as Lost Addition, Blocks 67-68 (parts); and a 0.16-acre tract described as Glasscock Addition, Block 6, Lots 3-4 (parts) -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: Pursuant to direction provided at the August 12, 2014 City Council Policy Workshop and the adoption of Resolution #82614-G (attached), this rezoning proposes to expand the Downtown Overlay District. The expansion includes three City of Georgetown properties, one Williamson County property currently leased by the City for a parking lot, and five privately owned parcels. All of the properties included in the proposed expansion agreed to enter the Downtown Overlay District. In 2001, the City of Georgetown adopted Ordinance No. 2001-48 creating the Downtown Overlay zoning district to allow an orderly development of structures extending from the core downtown area around the Square framing the historic district. Following the adoption of the district, the city created the Mixed Use — Downtown Zoning designation, allowing for the mix of uses historically seen in the downtown area. The proposed expansion of the Downtown Overlay District grants property owners access to the MU-DT zoning district, enabling future development of the properties. The city owned properties are slated for redevelopment as a component of the new civic complex. Additional rezoning cases accompany this request, but all are contingent upon approval of the proposed expansion. Planning and Zoning Commission: The Planning & Zoning Commission reviewed the application at the October 7, 2014 meeting and recommended approval of the proposed rezoning by a vote of 7-0. No speakers signed up to address the Commission during the public hearing. City Council Action: The City Council reviewed the application at the October 14, 2014 meeting and approved the rezoning by a vote of 7-0 on First Reading. No speakers signed up to address the Commission during the public hearing Recommended Motion: Approval of the First Reading of the Ordinance to expand the Downtown Overlay District to include Lots 1- 6, Block I, of the South San Gabriel Urban Renewal; Lots 1-4, Block 4, City of Georgetown; a portion of the Porter and Stubblefield Surveys and a portion of Blocks 1-8, of Outlet Division D; Lots 1-8, Block 6, of the Glasscock Addition; a portion of Lot 1, Block 1, of the Stanley Addition; and part of Blocks 67-68 of the Lost Addition. FINANCIAL IMPACT: The rezoning fee for this city project has been absorbed by the General Fund. SUBMITTED BY: Matt Synatschk, Historic Planner ATTACHMENTS: REZ-2014-023 Staff Report REZ-2014-023 Ordinance REZ-2014-023 Exhibits Georgetown Planning Department Staff Report Report Date: September 29, 2014 File No: REZ-2014-023 Project Planner: Matt Synatschk, Historic Planner Item Details Project Name: Downtown Overlay District Expansion Project Address: Multiple addresses as indicated on Exhibit 1 Location: Northwest and southwest sections of the Downtown Overlay District Total Acreage: 5.40252 acres Legal Description: South San Gabriel Urban Renewal, Block I, Lots 1-6, 1.3222 acres City of Georgetown, Block 4, Lots 1-4, 0.66 acres A portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8, 1.46 acres Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8,1.1303 acres A portion of Stanley Addition, Block 1, Lot 1, 0.45 acres; Lost Addition, Blocks 67-68 (parts), 0.218 acres; Glasscock Addition, Block 6, Lots 3-4 (parts), 0.16 acres Applicant: City of Georgetown Property Owner: Multiple property owners Contact: Matt Synatschk, Historic Planner Existing Use: Residential & Commercial Existing Zoning: Residential Single Family (RS), Local Commercial (C-1) Proposed Zoning: Expansion of existing Downtown Overlay District only; base zoning districts not changed with this application Future Land Use: Moderate Density Residential and Open Space Growth Tier: Tier 1 A Overview of Request The City of Georgetown is proposing to add 5.40252 acres to the current Downtown Overlay District. The District was created by Ordinance 2001-048 and currently includes approximately 40 blocks in the historic central business district. The expansion of the Downtown Overlay District is driven by the recent adoption of the Downtown Master Plan Update, which proposed expanding the District to include two city owned properties proposed for redevelopment. The City also received several requests from private property owners to include their properties in the District, allowing additional options for future development. The Georgetown City Council adopted Resolution 82614-G on August 26, 2014 directing staff to proceed with the expansion of the Downtown Overlay District. See Exhibit 6. The City of Georgetown's Unified Development code restricts the use of the MU-DT zoning district to properties located within the Downtown Overlay District, necessitating the expansion of the district to allow for continued reinvestment in the City's historic core. Additional rezoning applications are running concurrently with this project to rezone the added parcels to MU-DT. REZ-2014-023 Downtown Overlay District Expansion Page 1 of 4 Planning Department Staff Report Site Information Location: The properties are generally located along the western boundaries of the current Downtown Overlay District. See Exhibits 1 and 5 Surrounding Properties: The surrounding area includes single-family residential structures, small residential structures converted to offices, and local commercial structures along Austin Avenue, as well as undeveloped parcels. See Exhibit 3 History In 2001, the City of Georgetown, adopted Ordinance No. 2001-48, creating the Downtown Overlay District zoning district to allow an orderly development of structures extending from the core downtown area around the Square framing the historic district. Following the adoption of the district, the city created the Mixed Use — Downtown Zoning designation, allowing for the mix of uses historically seen in the downtown area. The City also created the Historic and Architectural Review Commission, tasked with reviewing proposed exterior renovations and new construction within the district, and adopted design guidelines specific to that review authority. Individually, some of the properties are currently developed, with a mix of residential, civic and commercial uses. The remaining properties are undeveloped and will be developed in accordance with the Unified Development Code and the Downtown Overlay District regulations. 2030 Plan Conformance Land Use: The 2030 Future Land Use Plan shows this property as Moderate Density Residential. Most of the Land Use Plan represents the different land uses as general areas not specifically following lot lines. When the Plan was created in 2008, the boundaries of the Specialty Mixed Use Area downtown were positioned to exactly follow the existing Downtown Overlay District boundaries. However, this was not intended to prevent possible expansion of the overlay in the future, if deemed appropriate. With this said, staff believes the proposed expansion is in conformance with the intent of the 2030 Plan for the general downtown area. The downtown Specialty Mixed Use Area is to provide for a variety of uses consistent with the historical development of the downtown core. The land use designation generally supports the proposed Mixed Use — Downtown zoning district. The development pattern of the expansion areas, as well as surrounding properties, is very similar, if not identical, to that which could be developed in accordance with the overlay district. The proposed expansion of the Downtown Overlay District is also consistent with the Downtown Master Plan, adopted by City Council in 2014. Growth Tier: The 2030 Plan Growth Tier Map designation is Tier IA, which is that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. REZ-2014-023 Downtown Overlay District Expansion Page 2 of 4 Planning Department Staff Report Staff A&ysis The City of Georgetown adopted Ordinance 2001-048 in 2001 to expand the Downtown Overlay District from the 9 blocks surrounding the Williamson County Courthouse to encompass approximately 40 blocks of the downtown area, roughly bounded by Church Street to the east, the South San Gabriel River and 2na Street to the north, University Avenue to the south and Martin Luther King, Jr Street to the west. The proposed expansion includes three city owned parcels, one county owned parcel and five privately owned parcels. All properties included in the expansion have voluntarily agreed to be added to the district. The Downtown Overlay District protects the City's unique historic resources while encouraging continued economic growth. Georgetown's historic Downtown Overlay District serves a vital role in local commerce and tourism. The restaurants, retail and public services help drive a vibrant pedestrian environemnt, a crucial component of the continued success of the historic downtown. Exterior changes to properties in the Downtown Overlay District require additional review, either administrative or by the Histioric and Architectural Review Commission. The Downtown Overlay District excludes several sections of primarily residential properties in the southwest and southeast corneers. Since 2001, some of the properties in the southwest corner have converted to office and other commercial uses. Additionally, the City facilities located on the western edge of the current district were excluded from the district due to the age of the structures. Staff determined that adding these parcels is appropriate to allow for rezoning to the MU-DT district. The 2030 Comprehensive Plan identifies the zone to the west of the Downtown Overlay as Moderate Density Residential Use, while the Downtown Overlay is identified as Specialty Mixed Use. Staff is supportive of the requested rezoning for the following reasons: 1. The 2030 Plan Future Land Use designation for the general downtown area is Specialty Mixed Use, encouraging a denser walkable environment with a mix of uses that support activity throughout the day and evening. The Downtown Overlay District is a tool to achieve this. 2. The existing and proposed developments within the subject areas match that of the surrounding properties within the district as well as the goals of the Downtown Overlay District itself. 3. The Downtown Master Plan envisions the areas of the subject properties as mixed use development, ensuring the continued success of the Downtown Overlay District. Public Comments A total of 78 notices were sent out to property owners within 200 feet of the proposed expansion areas. Public notice was posted in the Williamson County Sun newspaper on September 21, 2014. As of the writing of this report, 1 written comment has been received in opposition to the proposed expansion. Meetings S October 7, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading October 28, 2014 — City Council Second Reading REZ-2014-023 Downtown Overlay District Expansion Page 3 of 4 Planning Department Staff Report Attachments Exhibit 1 — Location Map Exhibit 2 - Future Land Use Map Exhibit 3 — Zoning Map Exhibit 4 — 2014 Aerial Map Exhibit 5 — Existing Overlay Map with proposed expansion Exhibit 6 — Georgetown City Council Resolution 082614-G REZ-2014-023 Downtown Overlay District Expansion Page 4 of 4 ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to Downtown Overlay District by 5.40252 acres to include a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6; a 0.66-acre tract described as a portion of City of Georgetown, Block 4, Lots 1-4; a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8; a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8, a 0.45-acre tract described as a portion of Stanley Addition, Block 1, Lot 1; a 0.218-acre tract described as Lost Addition, Blocks 67-68 (parts); and a 0.16-acre tract described as Glasscock Addition, Block 6, Lots 3-4 (parts), repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 121h day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): Williamson County Appraisal District Data: Account ID Legal Description Acreage R042424 Glasscock Addition, Block 6, Lots 1-2, 1.1303 t.), and 5-8 R041312 City of Georgetown, Block 4, Lots 1-4 0.66 R316200 Portion of the Porter and Stubblefield 1.46 Surveys and a portion of Outlet Division D, Blocks 1-8 R089689 South San Gabriel Urban Renewal, 1.3222 Block I, Lots 1-6 R043230 Lost Addition, Block 67-68 ( ts) 0.218 R427324 Portion of Stanley Addition, Block 1, 0.45 Lot 1 R042425 Glasscock Addition, Block 6, Lots 3-4 0.16 (parts) Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Ordinance Number: Page 1 of 3 Description: Downtown Overlay Expansion Case File Number: REZ-2014-023 Date Approved: Exhibit A Attached Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on October 7, 2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended in accordance with the attached Exhibit A (Location Map) and as detailed below: Account ID Legal Description Acreage R042424 Glasscock Addition, Block 6, Lots 1-2, 1.1303 t.), and 5-8 R041312 City of Georgetown, Block 4, Lots 1-4 0.66 R316200 Portion of the Porter and Stubblefield 1.46 Surveys and a portion of Outlet Division D, Blocks 1-8 R089689 South San Gabriel Urban Renewal, 1.3222 Block I, Lots 1-6 R043230 Lost Addition, Block 67-68 ( ts) 0.218 R427324 Portion of Stanley Addition, Block 1, 0.45 Lot 1 R042425 Glasscock Addition, Block 6, Lots 3-4 0.16 (parts) and incorporated herein by reference. Ordinance Number: Page 2 of 3 Description: Downtown Overlay Expansion Case File Number: REZ-2014-023 Date Approved: Exhibit A Attached 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 14f day of August, 2014. APPROVED AND ADOPTED on Second Reading on the 28t', day of August, 2014. THE CITY OF GEORGETOWN: Jessica Brettle City Secretary APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Description: Downtown Overlay Expansion Date Approved: ATTEST: Dale Ross Mayor Page 3 of 3 Case File Number: REZ-2014-023 Exhibit A Attached Legend REZ-2014-023 ®Site � Parcels E11,1141 ©City Limits GEORGETOWN Exhibit #1 TEXAS 0 Georgetown ETJ City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for a Rezoning of a 0.66-acre tract described as City of Georgetown, Block 4, Lots 1-4, located at the northwest corner of Rock Street and 2nd Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: The applicant is proposing to rezone a 0.66 acres described as City of Georgetown, Block 4, Lots 1-4 from Residential Single Family (RS) to Mixed Use -Downtown (MU-DT) to facilitate additional uses for the property. The subject property is included in the proposed land swap agreement for the adjacent city owned property and is slated for future improvements at Blue Hole Park. By separate application, the Downtown Overlay District is being expanded to include this property. The Downtown Overlay District is primarily zoned MU-DT to support the variety of uses typically seen historically. This rezoning application is contingent upon the expansion of the Downtown Overlay District. Planning and Zoning Commission: The Planning & Zoning Commission reviewed the application at the October 7, 2014 meeting and recommended approval of the proposed rezoning by a vote of 7-0. No speakers signed up to address the Commission during the public hearing. City Council Action: The City Council reviewed the application at the October 14, 2014 meeting and approved the rezoning by a vote of 7-0 on First Reading. No speakers signed up to address the Commission during the public hearing. Recommended Motion: Approval of the First Reading of the Ordinance to rezone Lots 1-4, Block 4, of the original City of Georgetown, from Residential Single Family (RS) to Mixed Use -Downtown (MU-DT). FINANCIAL IMPACT: None. The applicant has paid the required fees. SUBMITTED BY: Matt Synatschk, Historic Planner ATTACHMENTS: REZ-2014-021 Staff Report REZ-2014-021 Ordinance REZ-2014-021 Exhibits Georgetown Planning Department Staff Report Report Date: File No: Project Planner: Item Details Project Name: Project Address: Location: Total Acreage: Legal Description: Applicant: Property Owner: Contact: Existing Use: Existing Zoning: Proposed Zoning: Future Land Use: Growth Tier: September 29, 2014 REZ-2014-021 Matt Synatschk, Historic Planner 100 Rock Street Rezoning 100 Rock Street Northwest corner of 2nd Street and Rock Street (See Exhibit 1) 0.66 acres 0.66 acres of City of Georgetown, Block 4, Lots 1-4 Austin Pfiester WAAPF Properties, LLC Austin Pfiester Undeveloped property Residential Single-family (RS) Mixed Use — Downtown (MU-DT) District Open Space Tier IA Overvien Applicant's Request The applicant has requested to rezone the subject property from the Residential Single-family (RS) District to the Mixed Use — Downtown (MU-DT) District. The MU-DT district is reserved for properties located within the Downtown Overlay District and allows for a mix of commercial and residential uses, consistent with the historical growth of the downtown area. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the companion application for the expansion of the Downtown Overlay District. The Future Land Use designation for this area is Open Space; however, the application of the adjacent Specialty Mixed Use Area could be appropriate, based on the Downtown Overlay District expansion (see Exhibit 2). Site Information Location: The property is located at the intersection of Rock Street and 2nd Street (See Exhibits 1 and 4). Physical Characteristics: The property is currently undeveloped and partiallylocated within the floodplain. Additionally the property is heavily treed, with a significant elevation change towards the west. The adjacent water quality pond serves as a regional pond for the western side of the Downtown Overlay District. Surrounding Properties: The surrounding properties include undeveloped land, open space, a drainage structure, a parking lot, El Monumento restaurant, and local commercial structures along Austin Avenue. (See Exhibit 3) 100 Rock Street - Rezoning Page 1 of 3 RS to MU-DT Planning Department Staff Report Property History The property is part of the original town site for Georgetown and has had multiple property owners since that time. The 1965 City of Georgetown Zoning Map identifies the property as "Semipublic," which includes churches, schools, etc. The 1968 City of Georgetown zoning map indicates that the property was zoned Residential Single Family (RS), which remains in place to current date. The site restrictions, including location in the flood plain, significant change in elevation and trees make the property difficult to develop. The property is currently undeveloped and is proposed for inclusion in the Downtown Overlay District. The rezoning is conditional upon approval of the expansion of the Downtown Overlay District. 2030 Plan Conformance Land Use: The 2030 Future Land Use Plan shows this property as Open Space. Most of the Land Use Plan represents the different land uses as general areas not specifically following lot lines. When the Plan was created in 2008, the boundaries of the Specialty Mixed Use Area downtown were positioned to exactly follow the existing Downtown Overlay District boundaries. However, this was not intended to prevent possible expansion of the overlay in the future, if deemed appropriate. With this said, staff believes the proposed rezoning is in conformance with the intent of the 2030 Plan for the general downtown area. The downtown Specialty Mixed Use Area is to providefor a variety of uses consistent with the historical development of the downtown core. The land use designation generally supports the proposed Mixed Use — Downtown zoning district. The surrounding development pattern is very similar, if not identical, to that which could be developed in accordance with the proposed district. The proposed zoning district is also consistent with the Downtown Master Plan, adopted by City Council in 2014. Growth Tier: The 2030 Plan Growth Tier Map designation is Tier 1A, which is that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. Proposed Zoning Distric As shown in Exhibit 3, the applicant is seeking to rezone the subject property Mixed Use — Downtown (MU-DT) District, which is intended for areas located within the Downtown Overlay District and supports multiple uses, including residential, commercial office and retail. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the expansion of the Downtown Overlay District. Utilities The existing electric service and water and wastewater service are provided by the City of Georgetown. No utility changes are required for the property with this application. Utilities will be addressed with future development applications. 100 Rock Street - Rezoning Page 2 of 3 RS to MU-DT Planning Department Staff Report Transportation The property fronts on Rock Street, an existing collector level street. Future access to this tract will be taken from Rock Street and will be reviewed at time of development. The end use of this property is not known at this time and a traffic impact analysis is not required for this application. Future Application(s) 11 The following applications will be required to develop the property: • Subdivision Plat; • Certificate of Design Complaince for infill construction; and • Site Plans Staff Analysis Staff is supportive of the requested rezoning for the following reasons: 1. The proposed Mixed Use — Downtown (MU-DT) rezoning meets the intent of the 2030 Future Land Use Plan for the general downtown area in which this property is located. 2. The existing zoning and use pattern of the surrounding area matches that of the proposed Mixed Use — Downtown (MU-DT) district. 3. The Downtown Master Plan supports mixed use development in this area, ensuring the continued success of the Downtown Overlay District. Staff s recommendation for approval is contingent upon the approval of the expansion of the Downtown Overlay District. linter Departmental, Governmental and Agency Comments None Public Comments A total of 23 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Williamson County Sun newspaper on September 21, 2014. As of the writing of this report, no written comments have been received. Meetings Schedule October 7, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading October 28, 2014 — City Council Second Reading k4ttachments Exhibit 1 — Location Map Exhibit 2 - Future Land Use Map Exhibit 3 — Zoning Map Exhibit 4 — 2014 Aerial Map 100 Rock Street - Rezoning Page 3 of 3 RS to MU-DT ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone a 0.66-acre tract described as City of Georgetown, Block 4, Lots 1-4, located at the northwest corner of Rock Street and 2nd Street, from the Residential Single-family (RS) district to the Mixed Use - Downtown (MU-DT) district repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12th day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): Williamson County Appraisal District Data: Account ID Legal Description Acreage R041312 City of Georgetown, Block 4, Lots 1-4 0.66 Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on October 7, 2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Ordinance Number: Page 1 of 2 Description: 0.66 acres in the City of Georgetown Case File Number: REZ-2014-021 Date Approved: Exhibits A Attached Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Residential Single Family (RS) District to 0.66 acres of the Mixed Use - Downtown District, in accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 14th day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 241h day of October, 2014. THE CITY OF GEORGETOWN: Jessica Brettle City Secretary APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Description: 0.66 acres in the City of Georgetown Date Approved: ATTEST: Dale Ross Mayor Page 2 of 2 Case File Number: REZ-2014-021 Exhibits A Attached EST. 1848 GEORGETOWN TEXAS Site Cn City Limits p yy University Ave Street Site REZ-2014-021 Exhibit #1 E 1 Legend ® Site = Parcels © City Limits 0 Georgetown ETJ FB Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only 0 500 1,000 Feet City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for a Rezoning of a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6, located at 808 Martin Luther King Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: The City of Georgetown seeks to rezone a 1.3222-acre tract described as South San Gabriel Urban Renewal, Block I, Lots 1-6, located at 808 Martin Luther King Street. The currently vacant structure served as the City of Georgetown Public Library from 1986 until 2007, when the City opened the current public library at 402 East 8th Street. The site is slated for redevelopment as part of the proposed civic center. Rezoning to the Mixed Use -Downtown (MU-DT) zoning district allows for multiple uses for the current structure and site. This rezoning application is contingent upon the approval of the proposed Downtown Overlay expansion under separate consideration. Planning and Zoning Commission: The Planning & Zoning Commission reviewed the application at the October 7, 2014 meeting and recommended approval of the proposed rezoning by a vote of 7-0. No speakers signed up to address the Commission during the public hearing. City Council Action: The City Council reviewed the application at the October 14, 2014 meeting and approved the rezoning by a vote of 7-0 on First Reading. No speakers signed up to address the Commission during the public hearing. Recommended Motion: Approval of the Second Reading of the Ordinance to rezone Lots 1-6, Block I, of the South San Gabriel Urban Renewal from Residential Single-family (RS) to Mixed Use - Downtown (MU-DT). FINANCIAL IMPACT: The rezoning fee for this city project has been absorbed by the General Fund. SUBMITTED BY: Matt Synatschk, Historic Planner ATTACHMENTS: REZ-2014-024 Staff Report REZ-2014-024 Ordinance REZ-2014-024 Exhibit Georgetown Planning Department Staff Report Report Date: File No: Project Planner: Item Details Project Name: Project Address: Location: Total Acreage: Legal Description: Applicant: Property Owner: Contact: Existing Use: Existing Zoning: Proposed Zoning: Future Land Use: Growth Tier: September 29, 2014 REZ-2014-024 Matt Synatschk, Historic Planner City Library Rezoning 808 Martin Luther King Street 800 block of Martin Luther King Street, bounded by 8th Street to the north, 9th Street to the South, Martin Luther King Street to the east and Scenic Drive to the west (See Exhibit 1) 1.322 acres 1.3222 acres of South San Gabriel Urban Renewal, Block I, Lots 1-6 City of Georgetown City of Georgetown Matt Synatschk, Historic Planner Vacant City of Georgetown civic building, most recently used as the Public Library Residential Single-family (RS) Mixed Use — Downtown (MU-DT) District Moderate Density Residential Tier IA Overview of Applicant's Request The applicant has requested to rezone the subject parcel of land from the Residential Single-family (RS) District to the Mixed Use — Downtown (MU-DT) District. The MU-DT district is reserved for properties located within the Downtown Overlay District and allows for a mix of commercial and residential uses, consistent with the historical growth of the downtown area. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the companion application for the expansion of the Downtown Overlay District. The Future Land Use designation for this area is Moderate Density Residential; however, the application of the adjacent Specialty Mixed Use Area could be appropriate, based on the Downtown Overlay District expansion (see Exhibit 2). Site Information Location: The property is located at 808 Martin Luther King, Jr Street, bounded by 8th Street to the north, 9th Street to the south, Martin Luther King Street to the east and Scenic Drive to the west (See Exhibits 1 and 4). Physical Characteristics: The fully developed property includes the vacant 1986 City of Georgetown Public Library Building. Surrounding Properties: The surrounding properties include single-family residential structures, small residential structures converted to offices, commercial businesses and local governmental buildings (See Exhibit 3). 808 Martin Luther King Jr Street - Rezoning Page 1 of 4 RS to MU-DT Planning Department Staff Report Property History The following property history is excerpted from the Phase I Environmental Assessment, conducted by Terracon Consulting Inc. in 2013. The historical review indicated that the site and surrounding properties have been extensively developed since the late 1880s through the present day. The former power plant building was reportedly constructed on Tract A of the site in 1911; the former library building was construction on Tract B of the site in 1986; and the GCAT building was constructed on Tract C of the site by the early 1980s. Based on a review of the Sanborn Maps, the site operated as Whittle and Harrell's Planing Mill and Lumber Yard (1889), J.W. Gary (1900), Georgetown Gin Company (1905-1910), New Pump Station & Light Plant (1910), Robert Towns & Sons Cotton Gin (1916), Georgetown Light & Water Works (1925-1940), Griffith Gin Company (1925), and E.L. Hardin Cotton Gin (1940). During the Sanborn Map review, a railroad turntable, a gasoline tank (size and construction material unknown), two fuel oil tanks (size and construction material unknown), coal storage, and the use of coal were noted on the site. Additionally, cotton related operations (cotton warehouses, cotton seed warehouses and gins) were identified on the site for at least 40+ years. Prior to harvesting the cotton, arsenic -based agricultural chemicals were commonly used as a defoliant, traces of which would likely have remained on the harvested cotton and possibly transported to the site. Based on a review of the Sanborn Maps, properties to the north and east of the site operated as lumber yards from 1894-1940 and stores from 1889-1925. During the Sanborn Map review, paint and oil storage (1905-1940) was noted associated with the lumber yards and a gasoline tank (1925; size and construction material unknown) was noted associated with a store. Based on the age of operations, these facilities were not identified during the regulatory database review. The property was acquired by the City of Georgetown through the South San Gabriel Urban Renewal Project for development as a civic use. The current structure was built in 1986 to house the City of Georgetown Public Library. A new public library was constructed to the east in 2003 and the building has remained vacant since that time. The property is proposed for inclusion in the new City of Georgetown Downtown West Civic Complex and is proposed for inclusion in the Downtown Overlay District. 2030 Plan Conformance Land Use: The 2030 Future Land Use Plan shows this property as Moderate Density Residential. Most of the Land Use Plan represents the different land uses as general areas not specifically following lot lines. When the Plan was created in 2008, the boundaries of the Specialty Mixed Use Area downtown were positioned to exactly follow the existing Downtown Overlay District boundaries. However, this was not intended to prevent possible expansion of the overlay in the future, if deemed appropriate. With this said, staff believes the proposed rezoning is in conformance with the intent of the 2030 Plan for the general downtown area. The downtown Specialty Mixed Use Area is to provide for a variety of uses consistent with the historical development of the downtown core. The land use designation generally supports the proposed Mixed Use — Downtown zoning district. The surrounding development pattern is very similar, if not identical, to that 808 Martin Luther King Jr Street - Rezoning Page 2 of 4 RS to MU-DT Planning Department Staff Report which could be developed in accordance with the proposed district. The proposed zoning district is also consistent with the Downtown Master Plan, adopted by City Council in 2014. Growth Tier: The 2030 Plan Growth Tier Map designation is Tier IA, which is that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. Proposed Zoning Districts As shown in Exhibit 3, the applicant is seeking to rezone the subject property Mixed Use — Downtown (MU-DT) District, which is intended for areas located within the Downtown Overlay District and supports multiple uses, including residential, commercial office and retail. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the expansion of the Downtown Overlay District. Utilities The existing electric service and water and wastewater service are provided by the City of Georgetown. No utility changes are required for the property with this application. Utilities will be addressed with future development applications. Transportatio The property has four frontages along 8th Street, 9th Street, Martin Luther King Street, and Scenic Drive, all local streets. The subject property is already developed and a traffic impact analysis is not required for this application. Future Application(s Additional applications will only be required if and when alterations to the property are proposed. Staff Analysis Staff is supportive of the requested rezoning for the following reasons: 1. The proposed Mixed Use — Downtown (MU-DT) rezoning meets the intent of the 2030 Future Land Use Plan for the general downtown area in which this property is located. 2. The existing zoning and use pattern of the surrounding area matches that of the proposed Mixed Use — Downtown (MU-DT) district. 3. The Downtown Master Plan supports mixed use development in this area, ensuring the continued success of the Downtown Overlay District. Staff s recommendation for approval is contingent upon the approval of the expansion of the Downtown Overlay District. Inter Departmental, Governmental and Agency Commen None 808 Martin Luther King Jr Street - Rezoning Page 3 of 4 RS to MU-DT Planning Department Staff Report Public Comments A total of 21 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Williamson County Sun newspaper on September 21, 2014. As of the writing of this report, no written comments have been received. [Meetings Schedule October 7, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading October 28, 2014 — City Council Second Reading Exhibit 1 — Location Map Exhibit 2 - Future Land Use Map Exhibit 3 — Zoning Map Exhibit 4 — 2014 Aerial Map 808 Martin Luther King Jr Street - Rezoning Page 4 of 4 RS to MU-DT ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone a 1.3222 acres of South San Gabriel Urban Renewal, Block I, Lots 1-6 located at 808 Martin Luther King street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district, repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 1211, day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): Williamson County Appraisal District Data: Account ID Legal Description Acreage R089689 South San Gabriel 1.3222 Urban Renewal, Block I, Lots 1-6 Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on October 7, 2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 Number: Description: 1.3222 acres of South San Gabriel Urban Renewal, Block 1, Lots 1-6 Case File Number: REZ-2014-024 Page 1 of 3 Date Approved: Exhibits A Attached Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Residential Single Family (RS) District to 1.3222 acres of the Mixed Use - Downtown District, in accordance with the attached Exhibit A (Location Map) and as listed below: Account ID Legal Description Acreage R089689 South San Gabriel 1.3222 Urban Renewal, Block I, Lots 1-6 and incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 14t" day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 281h day of October, 2014. THE CITY OF GEORGETOWN: Jessica Brettle City Secretary Ordinance Number: ATTEST: Dale Ross Mayor Description: 1.3222 acres of South San Gabriel Urban Renewal, Block I, Lots 1-6 Case File Number: REZ-2014-024 Page 2 of 3 Date Approved: Exhibits A Attached APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Description: 1.3222 acres of South San Gabriel Urban Renewal, Block I, Lots 1-6 Case File Number: REZ-2014-024 Page 3 of 3 Date Approved: Exhibits A Attached Legend REZ-2014-024 ®Site = Parcels E11,1141 ©City Limits GEORGETOWN Exhibit #1 TEXAS 0 Georgetown ETJ Cn W 7TH ST W O LL W 8TH ST Cn 3 z 10, 0 z v � � c to = N REZ-20I*M4 z z z O W 9TH ST a� s� a m 9110 u �c Site City Limits 0 street — W 10TH ST site ® W University Ave N Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet 0 200 100 Cartographic Data For General Planning Purposes Only Feet City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for a Rezoning of a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8, located at 510 West 9th Street, from the General Commercial (C-3) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: The City of Georgetown seeks to rezone a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8, located at 510 West 9th Street. The structure currently houses City offices and will be partially vacated upon the completion of the Public Safety Training and Operations Center, slated for completion in 2015. The building is slated for renovations for the City of Georgetown Municipal Court operations, with funding approved for the FY14/15 budget. Rezoning from the current C-3 zoning district to the proposed MU-DT zoning district allows greater options for redevelopment of the site. This rezoning application is contingent upon the approval of the proposed Downtown Overlay expansion under separate consideration. Planning and Zoning Commission: The Planning & Zoning Commission reviewed the application at the October 7, 2014 meeting and recommended approval of the proposed rezoning by a vote of 7-0. No speakers signed up to address the Commission during the public hearing. City Council Action: The City Council reviewed the application at the October 14, 2014 meeting and approved the rezoning by a vote of 7-0 on First Reading. No speakers signed up to address the Commission during the public hearing. Recommended Motion: Approval of the Second Reading of the Ordinance to rezone 510 West 9th Street from the C-3, General Commercial District, to the MU-DT, Mixed Use -Downtown District. FINANCIAL IMPACT: The rezoning fee for this city project has been absorbed by the General Fund. SUBMITTED BY: Matt Synatschk, Historic Planner ATTACHMENTS: REZ-2014-025 Staff Report REZ-2014-025 Ordinance REZ-2014-025 Exhibit Georgetown Planning Department Staff Report Report Date: September 29, 2014 File No: REZ-2014-024 Project Planner: Matt Synatschk, Historic Planner Item Details Project Name: City of Georgetown GCAT Building Rezoning Project Address: 510 West 9th Street Location: 500 block of West 9th Street, bounded by 9th Street to the north, IOth Street to the South, Martin Luther King Street to the east and Scenic Drive to the west (See Exhibit 1) Total Acreage: 1.1303 acres Legal Description: 1.1303 acres of Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8 Applicant: City of Georgetown Property Owner: City of Georgetown Contact: Matt Synatschk, Historic Planner Existing Use: City of Georgetown civic building, currently used for city offices Existing Zoning: General Commercial (C-3) Proposed Zoning: Mixed Use — Downtown (MU-DT) District Future Land Use: Moderate Density Residential Growth Tier: Tier 1 A Overview of Applicant's Req The applicant has requested to rezone the subject parcel of land from the General Commercial (C-3) District to the Mixed Use — Downtown (MU-DT) District. The MU-DT district is reserved for properties located within the Downtown Overlay District and allows for a mix of commercial and residential uses, consistent with the historical growth of the downtown area. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the companion application for the expansion of the Downtown Overlay District. The Future Land Use designation for this area is Moderate Density Residential; however, the application of the adjacent Specialty Mixed Use Area could be appropriate, based on the Downtown Overlay District expansion (see Exhibit 2). INIFormation Location: The property is located at 510 West 9th Street, bounded by 9th Street to the north, 1 Oth Street to the south, Martin Luther King Street to the east and Scenic Drive to the west (See Exhibits 1 and 4). Physical Characteristics: The fully developed property includes the City of Georgetown GCAT Building, currently utilized for city offices. 510 West 91h Street - Rezoning Page 1 of 4 C-3 to MU-DT Planning Department Staff Report Surrounding Properties: The surrounding properties include single-family residential structures, small residential structures converted to offices, commercial businesses and local governmental buildings (See Exhibit 3). Property History The following property history is excerpted from the Phase I Environmental Assessment, conducted by Terracon Consulting Inc. in 2013. The historical review indicated that the site and surrounding properties have been extensively developed since the late 1880s through the present day. The former power plant building was reportedly constructed on Tract A of the site in 1911; the former library building was construction on Tract B of the site in 1986; and the GCAT building was constructed on Tract C of the site by the early 1980s. Based on a review of the Sanborn Maps, the site operated as Whittle and Harrell's Planing Mill and Lumber Yard (1889), J.W. Gary (1900), Georgetown Gin Company (1905-1910), New Pump Station & Light Plant (1910), Robert Towns & Sons Cotton Gin (1916), Georgetown Light & Water Works (1925-1940), Griffith Gin Company (1925), and E.L. Hardin Cotton Gin (1940). During the Sanborn Map review, a railroad turntable, a gasoline tank (size and construction material unknown), two fuel oil tanks (size and construction material unknown), coal storage, and the use of coal were noted on the site. Additionally, cotton related operations (cotton warehouses, cotton seed warehouses and gins) were identified on the site for at least 40+ years. Prior to harvesting the cotton, arsenic -based agricultural chemicals were commonly used as a defoliant, traces of which would likely have remained on the harvested cotton and possibly transported to the site. Based on a review of the Sanborn Maps, properties to the north and east of the site operated as lumber yards from 1894-1940 and stores from 1889-1925. During the Sanborn Map review, paint and oil storage (1905-1940) was noted associated with the lumber yards and a gasoline tank (1925; size and construction material unknown) was noted associated with a store. Based on the age of operations, these facilities were not identified during the regulatory database review. The current building on the property, housing City of Georgetown public offices was constructed by Williamson County in 1970, purchased by the City of Georgetown in 2005 and renovated for current City use. The 1965 City of Georgetown Zoning Map indicates the property divided between commercial and residential zoning districts, while the 1968 zoning map indicates residential zoning. The 1983 zoning map indicates C2-A zoning, which later converted to C-3, General Commercial. The property currently houses City of Georgetown offices and is proposed for inclusion in the new City of Georgetown Downtown West Civic Complex and in the Downtown Overlay District. 2030 Plan C Land Use: The 2030 Future Land Use Plan shows this property as Moderate Density Residential. Most of the Land Use Plan represents the different land uses as general areas not specifically following lot lines. When the Plan was created in 2008, the boundaries of the Specialty Mixed Use Area downtown were positioned to 510 West 9th Street - Rezoning Page 2 of 4 C-3 to MU-DT Planning Department Staff Report exactly follow the existing Downtown Overlay District boundaries. However, this was not intended to prevent possible expansion of the overlay in the future, if deemed appropriate. With this said, staff believes the proposed rezoning is in conformance with the intent of the 2030 Plan for the general downtown area. The downtown Specialty Mixed Use Area is to providefor a variety of uses consistent with the historical development of the downtown core. The land use designation generally supports the proposed Mixed Use — Downtown zoning district. The surrounding development pattern is very similar, if not identical, to that which could be developed in accordance with the proposed district. The proposed zoning district is also consistent with the Downtown Master Plan, adopted by City Council in 2014. Growth Tier: The 2030 Plan Growth Tier Map designation is Tier IA, which is that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. Proposed Zoning Districts As shown in Exhibit 3, the applicant is seeking to rezone the subject property Mixed Use — Downtown (MU-DT) District, which is intended for areas located within the Downtown Overlay District and supports multiple uses, including residential, commercial office and retail. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the expansion of the Downtown Overlay District. Utilities The existing electric service and water and wastewater service are provided by the City of Georgetown. No utility changes are required for the property with this application. Utilities will be addressed with future development applications. Transportation The property has four frontages along 9th Street, 1 Oth Street, Martin Luther King Street, and Scenic Drive, all local streets. The subject property is already developed and a traffic impact analysis is not required for this application. Future Applications Additional applications will only be required if and when alterations to the property are proposed. Staff is supportive of the requested rezoning for the following reasons: 1. The proposed Mixed Use — Downtown (MU-DT) rezoning meets the intent of the 2030 Future Land Use Plan for the general downtown area in which this property is located. 2. The existing zoning and use pattern of the surrounding area matches that of the proposed Mixed Use — Downtown (MU-DT) district. 3. The Downtown Master Plan supports mixed use development in this area, ensuring the continued success of the Downtown Overlay District. Staff s recommendation for approval is contingent upon the approval of the expansion of the Downtown Overlay District. 510 West 91h Street - Rezoning Page 3 of 4 C-3 to MU-DT Planning Department Staff Report Inter Departmental, Governmental and Agency Comments None Public Comments A total of 23 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Williamson County Sun newspaper on September 21, 2014. As of the writing of this report, no written comments have been received. [Meetings Schedule - October 7, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading October 28, 2014 — City Council Second Reading Exhibit 1 — Location Map Exhibit 2 - Future Land Use Map Exhibit 3 — Zoning Map Exhibit 4 — 2014 Aerial Map 510 West 9th Street - Rezoning Page 4 of 4 C-3 to MU-DT ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone a 1.1303-acre tract described as Glasscock Addition, Block 6, Lots 1-2, 3 (pt.), 4 (pt.), and 5-8, located at 510 West 9th Street, from the General Commercial (C-3) district to the Mixed Use - Downtown (MU-DT) district, repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12f day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): Williamson County Appraisal District Data: Account ID Legal Description Acreage R042424 Glasscock Addition, 1.1303 Block 6, Lots 1-2, 3 (pt.), 5-8 Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on October 7, 2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 Number: Page 1 of 3 Description: 1.1303 acres in the Glasscock Addition Case File Number: REZ-2014-025 Date Approved: Exhibit A Attached Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the General Commercial (C-3) District to 1.1303 acres of the Mixed Use - Downtown District, in accordance with the attached Exhibit A (Location Map) and as detailed below: Account ID Legal Description Acreage R042424 Glasscock Addition, 1.1303 Block 6, Lots 1-2, 3 (pt.), 4 ( t.), and 5-8 and incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 14t" day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 281h day of October, 2014. THE CITY OF GEORGETOWN: Jessica Brettle City Secretary Ordinance Number: Description: 1.1303 acres in the Glasscock Addition ATTEST: Dale Ross Mayor Page 2 of 3 Case File Number: REZ-2014-025 Date Approved: Exhibit A Attached APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: Page 3 of 3 Description: 1.1303 acres in the Glasscock Addition Case File Number: REZ-2014-025 Date Approved: Exhibit A Attached EST. 1848 GEORGETOWN TEXAS City Limits 0 Street Site REZ-2014-025 Exhibit #1 m U) N W 7TH ST rn W ll' W M O� (7 N F F z N Legend ® Site = Parcels © City Limits 0 Georgetown ETJ Z Z N W Y V Z W 0 D s M Z W 9TH ST \`N� REZ=201:4-025 m W 1OTH ST N � Cn ACO) 0 3 z I W11THS_ T� Site W University Ave to Coordinate System: Texas State Plane/Central Zone/tVAD 83/US Feet Cartographic Data For General Planning Purposes Only -] N soo 1,000 A Fm4 City of Georgetown, Texas October 28, 2014 SUBJECT: Second Reading of an Ordinance for a Rezoning of a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8, located at Scenic Drive and 2nd Street, from the Residential Single-family (RS) district to the Mixed Use — Downtown (MU-DT) district -- Matt Synatschk, Historic Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: Background: The City seeks to rezone a 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8, to the Mixed Use -Downtown District. The property is currently vacant and included in the proposed land swap for future redevelopment. The MU-DT zoning district allows for increased development opportunities. This rezoning application is contingent upon the approval of the proposed Downtown Overlay Expansion. Planning and Zoning Commission: The Planning & Zoning Commission reviewed the application at the October 7, 2014 meeting and recommended approval of the proposed rezoning by a vote of 7-0. No speakers signed up to address the Commission during the public hearing. City Council Action: The City Council reviewed the application at the October 14, 2014 meeting and approved the rezoning by a vote of 7-0 on First Reading. No speakers signed up to address the Commission during the public hearing. Recommended Motion: Approval of the request to rezone a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8, from the RS, Residential Single-family District to the Mixed Use -Downtown District. FINANCIAL IMPACT: The rezoning fee for this city project has been absorbed by the General Fund. SUBMITTED BY: Matt Synatschk, Historic Planner ATTACHMENTS: REZ-2014-026 Staff Report REZ-2014-026 Ordinance REZ-2014-026 Exhibits Georgetown Planning Department Staff Report Report Date: File No: Project Planner: Item Details Project Name: Project Address: Location: Total Acreage: Legal Description: Applicant: Property Owner: Contact: Existing Use: Existing Zoning: Proposed Zoning: Future Land Use: Growth Tier: September 29, 2014 REZ-2014-026 Matt Synatschk, Historic Planner City of Georgetown South San Gabriel Urban Renewal Tract Rezoning 2nd Street and Scenic Drive 2na Street and Scenic Drive, as detailed on the attached Survey (See Exhibit 5) 1.46 acres 1.46 acres of portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8 City of Georgetown City of Georgetown Matt Synatschk, Historic Planner Undeveloped land Residential Single-family (RS) Mixed Use — Downtown (MU-DT) District Open Space Tier IA Overview of Applicant's Request The applicant has requested to rezone the subject parcel of land from the Residential Single-family (RS) District to the Mixed Use — Downtown (MU-DT) District. The MU-DT district is reserved for properties located within the Downtown Overlay District and allows for a mix of commercial and residential uses, consistent with the historical growth of the downtown area. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the companion application for the expansion of the Downtown Overlay District. The Future Land Use designation for this area is Open Space; however, the application of the adjacent Specialty Mixed Use Area could be appropriate, based on the Downtown Overlay District expansion (see Exhibit 2). Site Information Location: The property is located at 2nd Street and Scenic Drive, adjacent to the city owned property at Rock Street and Blue Hole Park (See Exhibits 1 and 4). Physical Characteristics: The property is currently undeveloped, with a significant drop in elevation from Scenic drive on the west to the adjacent tract to the east. The property is not located in the flood plain and is heavily treed. The subject property is located adjacent to a single family residential neighborhhod to the west, city owned parkland to the north, the Williamson County Justice Center complex to the south and properties abutting Rock Street to the east. 2"d St & Scenic - Rezoning Page 1 of 3 RS to MU-DT Planning Department Staff Report Surrounding Properties: The surrounding properties include undeveloped land, open space, single-family residential structures, a drainage structure, a parking lot, commercial businesses and local governmental buildings (See Exhibit 3). Property History The property is part of the original town site for Georgetown and has had multiple property owners since that time. The 1965 City of Georgetown Zoning Map identifies the property as "Semipublic," which includes churches, schools, etc. The 1968 City of Georgetown zoning map indicates that the property was zoned Residential Single Family (RS), which remains in place to current date. The property is a portion of a 36 acre tract acquired by the City of Georgetown in 1977 and has remained undeveloped. 2030 Plan Conformance Land Use: The 2030 Future Land Use Plan shows this property as Open Space. Most of the Land Use Plan represents the different land uses as general areas not specifically following lot lines. When the Plan was created in 2008, the boundaries of the Specialty Mixed Use Area downtown were positioned to exactly follow the existing Downtown Overlay District boundaries. However, this was not intended to prevent possible expansion of the overlay in the future, if deemed appropriate. With this said, staff believes theproposed rezoning is in conformance with the intent of the 2030 Plan 1 for the general downtown area. The downtown Specialty Mixed Use Area is to provide for a variety of uses consistent with the historical development of the downtown core. The land use designation generally supports the proposed Mixed Use — Downtown zoning district. The surrounding development pattern is very similar, if not identical, to that which could be developed in accordance with the proposed district. The proposed zoning district is also consistent with the Downtown Master Plan, adopted by City Council in 2014. Growth Tier: The 2030 Plan Growth Tier Map designation is Tier IA, which is that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city's growth should be guided over the near term. ng Districts As shown in Exhibit 3, the applicant is seeking to rezone the subject property Mixed Use — Downtown (MU-DT) District, which is intended for areas located within the Downtown Overlay District and supports multiple uses, including residential, commercial office and retail. While this property is not currently within the Downtown Overlay District, a separate rezoning application is under review that would expand the Overlay District to include this property. Therefore, approval of this rezoning application is contingent upon the approval of the expansion of the Downtown Overlay District. Utilities The existing electric service and water and wastewater service are provided by the City of Georgetown. No utility changes are required for the property with this application. Utilities will be addressed with future development applications. 2nd St & Scenic - Rezoning Page 2 of 3 RS to MU-DT Planning Department Staff Report Transportation The property fronts on 2nd Street and Scenic Drive, both local streets. Access to this property will be reviewed at time of development. A traffic impact analysis is not required for this application. Future Application(s The following applications will be required to develop the property: • Subdivision Plat; • Certificate of Design Complaince for infill construction; and • Site Plans Staff Staff is supportive of the requested rezoning for the following reasons: 1. The proposed Mixed Use — Downtown (MU-DT) rezoning meets the intent of the 2030 Future Land Use Plan for the general downtown area in which this property is located. 2. The existing zoning and use pattern of the surrounding area matches that of the proposed Mixed Use — Downtown (MU-DT) district. 3. The Downtown Master Plan supports mixed use development in this area, ensuring the continued success of the Downtown Overlay District. Staff s recommendation for approval is contingent upon the approval of the expansion of the Downtown Overlay District. Inter Departmental, Governmental and Agency Comments None Public Comments A total of 18 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Williamson County Sun newspaper on September 21, 2014. As of the writing of this report, no written comments have been received. Meetings Schedu October 7, 2014 — Planning and Zoning Commission October 14, 2014 — City Council First Reading October 28, 2014 — City Council Second Reading 16,ttachments Exhibit 1 — Location Map Exhibit 2 — Future Land Use Map Exhibit 3 — Zoning Map Exhibit 4 — 2014 Aerial Map Exhibit 5 — Property Survey 2nd St & Scenic - Rezoning Page 3 of 3 RS to MU-DT ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone Rezoning of a 1.46- acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8, located at Scenic Drive and 2nd Street, from the Residential Single-family (RS) district to the Mixed Use - Downtown (MU-DT) district, repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 121h day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): Williamson County Appraisal District Data: Account ID Legal Description Acreage R316200 Portion of the Porter and Stubblefield 1.46 Surveys and a portion of Outlet Division D, Blocks 1-8 Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City's Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on October 7, 2014, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on October 14, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 Ordinance Number: Page 1 of 2 Description: 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8 Case File Number: REZ-2014-026 Date Approved: Exhibits A Attached expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified Development Code. Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Residential Single Family (RS) District to 1.46 acres of the Mixed Use - Downtown District, in accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 14th day of October, 2014. APPROVED AND ADOPTED on Second Reading on the 28th day of October, 2014. THE CITY OF GEORGETOWN: Jessica Brettle City Secretary APPROVED AS TO FORM: Bridget Chapman City Attorney Ordinance Number: ATTEST: Dale Ross Mayor Page 2 of 2 Description: 1.46-acre tract described as a portion of the Porter and Stubblefield Surveys and a portion of Outlet Division D, Blocks 1-8 Case File Number: REZ-2014-026 Date Approved: Exhibits A Attached Legend REZ-2014-026 ®Site � Parcels E11,1141 ©City Limits GEORGETOWN Exhibit #1 TEXAS 0 Georgetown ETJ City of Georgetown, Texas October 28, 2014 SUBJECT: Project Update and Status regarding American with Disabilities Act (ADA), SE Inner Loop Corridor Study, Downtown Parking, Lease Agreements related to City -Owned Property, Verde Vista, Overall Transportation Plan, Council Project Log, and Project Updates for the Georgetown Economic Development Corporation (GEDCO), the Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Transportation Advisory Board (GTAB), and Possible Direction to staff -- Paul E. Brandenburg, City Manager ITEM SUMMARY: The City Council has requested regular updates regarding the status of projects, as well as the ability to discuss these projects as a collective. The City Council has also indicated that they would like to receive more information and have discussion regarding the following specific items: • American with Disabilities Act (ADA) • SE Inner Loop Corridor Study • Downtown Parking - MLK/8th Street Surface Parking - Street Study and Design for Additional Parking Facility Downtown • Lease Agreements related to City -Owned Property • Update regarding Verde Vista • Update regarding Overall Transportation Plan ATTACHMENTS 1. Project Updates as noted above 2. Council Project Log 3. GEDCO Project Update 4. GTEC Project Report and Status Update 5. GTAB Project Update FINANCIAL IMPACT: This is a Project Update SUBMITTED BY: Paul E. Brandenburg, City Manager ATTACHMENTS: ADA Update to Council 10-28-14 SE Innerloop Corridor Study 10-28-14 Downtown Parkinl0-28-14 Lease Agreements related to City -Owned Property Verde Vista Update Overall Transportation Plan Update Council Project Log GEDCO Proiect Log GTEC Project Reports GTEC Project Status GTAB Project Updates AGEORG�ETQWN XAS PROJECT STATUS REPORT Americans with Disabilities Act (ADA), 1DC Project Sponsor/Manager: Dave Hall, Building Official Nathaniel Waggoner, Transportation Analyst Date of Report Project Scope Statement: In conformance with the ADA Transition Plan approved October 28, 2014 by City Council in March of 2014 and along with the 2014 Sidewalk Master Plan, a feasibility study is being conducted to analyze, evaluate, and prioritize all public access for sidewalks and facilities. Once the Feasibility Study is completed, it will be presented to the ADA Task Force for review. City Staff will work with the ADA Task Force to develop the ADA Webpage as an effective and meaningful resource for City Residents with Disabilities. Key Accomplishments: • The downtown district sidewalk accessibility survey is complete. A draft of findings was delivered August 19th. • Government owned buildings ADA compliance review complete. Draft reports delivered August 29th and the final priority report is expected October 315t • A public meeting with the ADA Task Force to present a project overview and gather initial prioritization guidance was held 9/10/2014. • Open House #1 was held at City Council Chambers 9/30/2014. Staff presented the ADA Task Force initial facility compliance prioritization along with the sidewalk master plan. Upcoming Tasks: • ADA Task Force meeting will be held on 10/15/2014 at 2pm in the Williamson Room at the GMC. Further discussion will continue in order to prioritize government facilities and public sidewalks for accessibility. Issues: • Parks has received funding in the FY14/15 budget to be able to move forward with the facility and parks access audit. A�GEOR(EWQWN XAS PROJECT STATUS REPORT SE Inner Loop Corridor Study To Project Sponsor: Ed Polasek, AICP, Transportation Services Director Bill Dryden, P.E., Transportation Engineer Date of Report: Project Scope Statement: October 28, 2014 Develop preliminary design schematic alternatives, perform preliminary engineering and prepare an engineering report for the Southeast Inner Loop Schematic Design from IH 35 to Rockride Lane (CR 110) and Sam Houston Avenue to determine engineer's estimates of probable project costs for each phase and ROW needs for the future SH 29 Bypass, connecting the westerly route (SH 29 to IH 35) with Southeast Inner Loop and Sam Houston Avenue. Key Accomplishments: • Staff coordinated its efforts with representatives of Williamson County and TxDOT, including the Engineers for each agency and their roles in the 1 35 and SW Bypass/SE Inner Loop corridors. The chief concerns of the alignment were to provide an alignment utilizing the maximum design practicable and to both minimize new ROW and to assure that future ROW acquisitions would be as equitable as practicable to the adjoining land owners. • Staff presented the consensus alignment to GTAB at its September meeting. Upcoming Tasks: • Staff continues to be faced with citizen requests to further reduce future ROW needs. Staff is investigating more options to accommodate those requests while maintaining equitable solutions for all property owners. Issues: • Staff continues to be faced with citizen requests to further reduce future ROW needs. Staff is investigating more options to accommodate those requests while maintaining equitable solutions for all property owners. ARGGEo ETOVVN t_\AS PROJECT STATUS REPORT Downtown Parking Project Sponsor/Manager: Laurie Brewer, Assistant City Manager Paul Brandenburg, City Manager Date of Report Project Scope Statement: Addressing concerns regarding parking in the October 15, 2014 downtown overlay district Key Accomplishments: • Interlocal agreements, survey of county property and task order for design of MLK lot • Issued parking study RFQ. • HARC approval of demolition • Parking Study selection committee established Upcoming Tasks: • Design for MLK lot to be issued in two weeks, tentative start date in Feb. • Demolition to be started in Oct/early Nov. • Scoring parking study bids; taking recommendation to GGAF in Dec. Issues: • Funding strategy for the anticipated cost of the parking structure • Coordinating parking study with on -going Downtown West discussions • Highlighting public parking that is currently available and creating awareness of available parking spots (over 1400 downtown) • Business owner fatigue with public works projects downtown. ARGGEo ETOVVN t_\AS PROJECT STATUS REPORT Lease Agreements related to City -Owned Property Project Sponsor/Manager: Paul Brandenburg, City Manager Date of Report Project Scope Statement: Compilation of Lease Agreements and terms October 28, 2014 related to City -Owned Property Key Accomplishments: • Copies of Lease Agreements provided to the City Council. • Summary Report regarding Lease Terms for each Lease Agreement provided to the City Council, including WCAD valuation of land and improvements. • Summary Report of other In -Kind Services provided to non -profits by the City of Georgetown provided to the City Council. Upcoming Tasks: • Complete and update survey with regional and like -sized cities regarding their policies related to leasing city -owned property and social service funding • Determination of Fair Market Leasehold Values • Tentative Workshop scheduled for November 25, 2014. Issues: • Long -Term Leases on City -Owned Property, including some on dedicated Parkland. AGEOETO6' EXAS PROJECT STATUS REPORT Project Manager/Sponsor: Andrew Spurgin, Planning Director Date of Report Project Scope Statement: 10/22/14 Amendments to Campbell Development Agreement and Overall Transportation Plan to remove Verde Vista Key Accomplishments: • Public hearing and first reading of ordinance held on September 9, 2014, City Council postponed action. • Applicant/developer is working with the adjacent property owner on a proposal to secure permanent right of way for the existing temporary Sequoia Spur connection to Shell Road. • Applicant has retained new legal counsel and requested additional postponement from October 28 until the first Council meeting in November. Upcoming Tasks: 1. Consider applicant's requests to extend the lifespan of the current plat indicating multifamily and commercial development. Key considerations: a. Request for extension is at odds with the discussed lower density development that the adjacent neighborhoods believe would result from these items. b. Existing contract default status that has not been cured by the property owner — typically extensions of entitlements are not granted to a party that is in default. 2. Continue discussions with the applicant on the following seven items identified by staff to mitigate the impacts of not completed Verde Vista. a. Provisions for making Sequoia Spur a permanent connection to Shell Road to the satisfaction of the Transportation Department at no cost to the City; b. Provisions for a traffic impact analysis (TIA) the considers on- and off - site impacts and mitigation; c. Adequate collector depth construction at the entrance to the proposed development; d. Emergency access easement connecting east to Sequoia Spur; e. Clearly define the development scope in the amended Development Agreement; f. Replacement preliminary plat indicating the discussed new development scheme that the neighbors believe they are getting — to replace the current preliminary plat that is expiring in November g. Assisting Transportation Department with operational improvements to Shell Road and Sequoia Spur Issues: 1. The existing default on the property owner's contractual obligation and the precedent of relieving a party of the performance required as it relates to other agreements throughout Georgetown with other developers. 2. Connectivity. 3. Public safety and emergency response. 4. Sequoia Spur temporary status. 5. Lack of traffic impact analysis to examine impact of the requested change. 6. No specific commitment in the development agreement to the project type described by the applicant. G EORG N TEXAS PROJECT STATUS REPORT Overall Transportation Plan (OTP) To Project Sponsor: Edward G. Polasek, AICP, Transportation Services Director Bill Dryden, P.E., Transportation Engineer Nat Waggoner, PMP°, Transportation Analyst Date of Report: Project Scope Statement: October 21, 2014 This updated OTP is a continuation of the effort that the City completed in 2004 with the adoption of the initial OTP, which provided an analysis of existing conditions and travel characteristics, a refined area -wide travel demand model, review of the City's roadway functional classification system, and a revised Thoroughfare Plan. Key Accomplishments: • 2012 roadway network update completed. • 11 of 13 project elements completed. Final two elements (Chapters 8 and 9) are under review and are nearly complete. • OTP Chapter 6 has been updated to include 2014 Sidewalk Master Plan and Park's Trails Master Plan by reference. Upcoming Tasks: Staff: • Is working to complete its final internal review by November 15tn • Will present the DRAFT OTP to GTAB for its review and comments January 9tn • Will present the DRAFT OTP to P&Z for its review and comments January 20t" • Will compile all comments and present the FINAL DRAFT OTP to GTAB February 13t" for its recommendation to Council • Will present the Final DRAFT OTP to Council February 241" for Public Hearing and V Reading of Ordinance adopting the OTP. • Will present 2nd Reading of Ordinance adopting the OTP March loth. Issues: • Capital Area Metropolitan Planning Organization (CAMPO) has not yet adopted the 2040 Regional Transportation Plan nor the 2010 Travel Demand Model supporting that plan. Once adopted, the 2040 plan and model will provide key data which will allow supporting jurisdictions the opportunity to update their transportation plans. 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X a�iCU x> oQ,n o oQ o 0 t O U-0 F— m L 6.0 C m CD CD y M M N N O N N N CL T a) C7 C7 69 - O EA t� 7 Hi C Q a 'O o w C) 0 0 A a o o o 42 C,C,a) C m 0 0) co C> rnam o [2 y 0 O and C U rn'� m f` D�000 2 m E c- Cl m= aD `a) m y CL Co o p m v v a) O Q c'o al O a O E E N t6 o o a) U W 2 a) Ur a) ,gym -o � o > U U j C N � _0 > C N n a` EN C', m m n.Lpp m d EN d O m m d E� c a) U a) U N C O avi c O U U c O O FL o o c oo` E E m CL `o 0 U E U co m CD X 0 > _ F- CO O E U) c6 m L 0 Q ca N_ F- 2 F- O p FM 1460 (Quail Valley Drive to University Drive) Project No. 5RB TIP No. EEa, EEb & EEc Rights -of -Way Acquisition and Utility Relocation October 2014 Project Description Acquisition of ROW and relocation of utilities for the FM 1460 Project (Quail Valley Drive to University Drive). Purpose To have all ROWs cleared and utilities prior to TxDOT letting the project foe construction. Project Managers Ed Polasek, AICP and Bill Dryden, P.E. Engineer Brown and Gay Engineers, Inc. 0 2 L. iw apt f�ll�rss rr rrr�� ■rrrr►, ,��s frr rr/�r�a� rrrY rrrlrr! S = > 0WOW O�y-, Zp p CL e a IL 000 W YJ m \aO bo o F-- y �! y n W f~ Ln d 2 O W g 2 pG d Z 0 0 LL rs _o w = - y c � 1J Element Status / Issues Design Final PS&E was submitted to TxDOT May 51h. Environmental/ Archeological Environmental approved with Project Schematic. Rights of Way All appraisals are complete. Final offers have been made for all ROW parcels. The paperwork has been filed for all parcels requiring condemnation. Section: North South Ac uired: 29 8 Pending: 5 - Condemnation: 2 - Total: 36 8 Utility Relocations Utility Relocation Agreements are on today's Agenda. Construction Construction scheduled to begin in February 2015. Other Issues None pending. Mays Street Extension (Teravista Parkway in Round Rock to Westinghouse Road) Project No. 5RI TIP No. None October 2014 Project Description Extend Rabbit Hill Road northward from Teravista Parkway to the existing intersection with Westinghouse Road. The widening along Westinghouse Road and Rabbit Hill Road will also be included in the schematic for additional turning lanes to/from Westinghouse Road. Preliminary layouts for future signals and roadway illumination will also be included. The project length along the anticipated alignment is approximately 1.0 miles. Purpose Project Managers Engineer 1+/ I N IH 35 DAKS 6��D \ E4S1il Z G A m 0 BtiVO CVQRE55 x SUN4�5E RD O z D To complete the schematic design, define rights -of -way requirements and complete 30% design. Bill Dryden, P.E. CP&Y, Inc. LOBEGIN PROJECT 20, m °gKn�o,�r pR �o s 7 p�NAPA55 FAIRWAY PATH � ENGA � PRO F GREEN W 5TA PL 4 7ERAWSTA PKWy P EPpO �` p0- o" a S S IHgS P KE�LE� DK END PROJECT 00 1\ rm \ y9 �PK CyN�ALgND m0 0 0.25 \ O� 9 0.5 MAYS STREET Element Status / Issues Design Engineering has submitted the proposed alignment and is working on the 30%PS&E. Environmental/ Archeological TBD Rights of Way TBD. Utility Relocations TBD Construction TBD Other Issues None. NB Frontage Road (RM 2338 to Lakeway Drive) Project No. 5QX TIP No. QQ October 2014 Unchanged Project Description Design and construct a portion of an IH-35 NB Frontage Road from Williams Drive to Northwest Boulevard Bridge of a proposed NB FR which would ultimately extend to Lakeway Drive. Purpose To relieve congestion in the Williams Drive/Austin Avenue intersection by providing a NB alternate, interim route to FM 971 and Georgetown High School. This project is the only remaining portion of IH 35 in Central Texas without a frontage road existing, under construction or being designed. Project Manager Bill Dryden Engineer Klotz Associates low Al . --REMOVE EXISTINZ% 1ENTRANCE RAMP iW A fie` Aft .31 Element Status / Issues Design Staff and Engineer has met with TxDOT personnel at both the local Area Office and District Environmental Division. Environmental/ Archeology TBD Rights of Way None identified Utility Relocations TBD Construction TBD Other Issues Staff is working with TxDOT to develop the AFAs required to complete the project Northwest Boulevard Overpass (Fontana Drive to Austin Avenue) Project No. 5QX TIP No. QQ October 2014 Unchanged Project Description Construction of overpass and surface roads to connect Northwest Boulevard with Austin Avenue and FM 971. Purpose This project will relieve congestion at the Austin Avenue/Williams Drive intersection and provide a more direct access from the west side of IH 35 corridor to Georgetown High School and SH 130 via FM 971. Project Manager Bill Dryden, P.E. Engineer Klotz Associates 2 m H ° ok 0,9 NORfH WEST BLVD. 0 I a .t ru _-_l 1-' -.- _ Imo.' Element Status / Issues Design Engineer has presented the Preliminary Engineering Report and has begun final PS&E design efforts. Environmental/ Archeological Concurrent with preliminary engineering and schematic design. Rights of Way Engineer is developing ROW strip map and individual parcel plats and documents. Utility Relocations TBD Construction TBD Other Issues Staff met with TxDOT to develop an AFA for TxDOT review of the bridge crossing of 135 and its frontage roads. Rivery Boulevard Extension (Williams Drive to Northwest Boulevard @ Fontana Drive) Project No. 5RM TIP No. None October 2014 Project Description Develop the Rights -of -Way Map, acquire ROW, address potential environmental issues and complete construction plans specifications and estimate (PS&E) for the extension of Rivery Boulevard from Williams Drive to Northwest Boulevard at Fontana Drive in anticipation of future funding availability. Purpose To provide a route between Williams Drive and Northwest Boulevard serving the Gateway area, providing an alternate route from Williams Drive to the future Northwest Boulevard Bridge over IH 35, to provide a route between the hotels in the Gateway area and the proposed Conference Center near Rivery Boulevard and Wolf Ranch Parkway. Project Manager Bill Dryden, P.E. Engineer Kasberg Patrick and Associates Element Status / Issues Design Engineer shall develop the ROW Map, acquire ROW, address potential environmental issues and complete construction PS&E in anticipation of future funding availability. Environmental/ Archeology TBD Rights of Way TBD Utility Relocations TBD Construction TBD Other Issues TBD Snead Drive Project (SE Inner Loop to Airborn Circle) Project No. 5QZ TIP No. None October 2014 Project Description Develop Construction Plans Specifications and Estimate (PS&E) for the widening of Snead Drive from S.E. Inner Loop to 600 feet north of Cooperative Way, including appurtenant waste water improvements. Purpose This project has been identified as GTEC eligible project and will provide necessary infrastructure for ongoing economic development in the area. Project Manager Bill Dryden, P.E. Engineer Steger Bizzell S �H 35 / ye - Roadway Widening O Proposed WW Lines I a --- _ under roadway SAUST/N ' Proposed WW Lines I ,�u E outside of roadway �Q Existing WW 4� Lines City Limits OO , 0 O 0 5 0 1,000 1,500 2,000 Feet ,`aGOOJ� i Element Status / Issues Design Complete Environmental/ Archeological Included with PS&E. Rights of Way Awaiting property to be acquired for water quality pond. Utility Relocations Utility relocations either complete or are part of the construction contract. Construction Upon acquisition of property for water quality pond. Other Issues It was anticipated that the property for construct water quality pond would be donated, but owner has some issues with the mortgage holder concerning donation. Property owner is seeking compensation. Southwest Bypass Project (SH 29 to RM 2243) Project No. 5QC TIP No. 14b October 2014 Project Description Develop a Design Schematic for the Southwest Bypass from Leander Road (RM 2243) to SH 29 and Construction Plans Specifications and Estimate (PS&E) for the construction of approximately 1.3 miles of 2-lane interim roadway with bridges from Leander Road to its intersection with Wolf Ranch Parkway Extension (TIP Project No. 14A. Purpose This project is identified as needed in the OTP and GTEC TIP. This project, in coordination with Wolf Ranch Parkway Extension, will provide access from Leander Road to DB Wood Road south of SH 29, allowing alternate access from southwest to west areas of the City, relieving the increasing traffic demand along the IH 35 corridor. Project Manager Bill Dryden, P.E. Engineer HDR Engineering, Inc. PROPOSED I L.o.na r Ezisnr� Pans s cm ums W 1 F Element Status / Issues Design Engineer has completed the project PS&E, less construction contract documents and environmental permitting required at time of actual construction. Environmental/ Draft Report detailing the environmental, geotechnical and historical issues has Archeological been completed and submitted to the Williamson County Conservation Foundation for determination of issues to be mitigated. Rights of Way We have reached agreement with the representative of the Guy/Knight properties. ROW Acquisition process moving to condemnation for the Weir Trust properties. Appraisals have been updated. Wolf property - Acquisition complete. Utility Relocations None identified at this time. Construction TBD Other Issues None Wolf Ranch Parkway Extension Project (SW Bypass to DB Wood Road) Project No. 5QV TIP No.14a October 2014 Project Description Design Schematic and Plans Specifications & Estimate for the construction of a roadway from Southwest Bypass (TIP Project # 14B) to DB Wood Road south of SH 29. The project is planned as a major arterial. Purpose This project is identified as needed in the OTP and the TIP. This project, in coordination with Southwest Bypass (#14B), will provide access from Leander Road to DB Wood Road south of SH 29, allowing alternate access from southwest to west areas of the City, relieving the increasing traffic demand along the IH-35 corridor. Project Manager Bill Dryden, P.E. Engineer HDR, Engineering, Inc. L�r�il�yHl!!■11 �� -; �wl�whHrtar �Fi ®� m HG"v' Element Status / Issues Design Engineer is completing the fencing plans, its required environmental clearance documents (to determine the fee for WCCF) and the construction PS&E bidding package. Environmental/ Archeological Final report concerning the environmental, geotechnical and historical issues has been submitted for review. Rights of Way Acquisition complete. Utility Relocations None identified at this time. Construction Future Other Issues Fencing may not be required with the purchase of the property by Hillwood Development. GTEC PROJECT UPDATE AND STATUS REPORT October 2014 11 Project to Date Current Capital Improvement Projects TIP Project Update On Schedule/ Project Project Available No. No. Or Behind Budget Cost Lakeway Drive Overpass #10 5QL Project Complete. Complete 2,500,000 2,500,000 0 One ROW parcel has remaining issues. Southeast Arterial 1 #12 5CG Project Complete. Complete 12,995,625 10,478,499 2,517,126 (Sam Houston Avenue) One ROW parcel has remaining issues. Wolf Ranch Parkway Extension (SW Bypass to DB #14A 5QW Engineer is completing the fencing plans, its On Schedule 1,330,000 1,111,233 218,767 Wood Road) required environmental clearance documents (to determine the fee for WCCF) and the Unchanged construction PS&E bidding package. ROW has been acquired. Southwest Bypass (SH29 to RR2243) #1413 5CC Engineer has completed the project PS&E, less On Schedule 7,756,432 3,225,132 4,531,300 construction contract documents and environmental permitting required at time of actual Unchanged construction. We have reached agreement with the representative of the Guy/Knight properties. ROW Acquisition process moving to condemnation for the Weir Trust properties. Appraisals have been updated. Wolf property —Acquisition complete. Northwest Blvd Overpass #QQ 5QX Engineer has presented the Preliminary In -process 1,136,178 1,099,076 37,102 Engineering Report and has begun final PS&E design efforts. Unchanged Engineer is developing ROW strip map and NB Frontage Road (2338 to Lakeway) #QQ 5QY Staff and Engineer has met with TxDOT personnel In -process 613,822 613,822 at both the local Area Office and District Environmental Division. Unchanged ROW - 1460 #EEa 5RB Bid were received by TxDOT in August 2014; On Schedule 11,788,230 6,439,760 #EEb Construction scheduled to begin in February #EEc 2015. 7 Utility coordination on -going as ROW is acquired. All appraisals are complete. Final offers have been made for all ROW parcels. The paperwork has been filed for all parcels requiring condemnation. 29 of 36 Parcels have been acquired; 5 pending; 2 scheduled for condemnation. TCS/RR Easement 5RD Complete 1,500,000 1,503,148 -3,148 FM 971 I Washam 5RE GTEC Portion complete Complete 100,0000 100,000 Rivery Road 5RF Alignment adopted by Council. Complete 779,000 29,000 750,000 Snead Drive 5QZ PS&E is basically complete; awaiting ROW for On Schedule 825,100 87,000 738,100 water quality pond. Mays Street Extension 5RI Engineering obtaining rights -of -entry for On Schedule 196,000 196,000 surveying and geotechnical investigations; beginning schematic design IH 35/ Hwy 29 Intersection 5RJ 1 650,000 �0 650,000 Project to Date Current Economic Development Projects Project Type Update On Schedule/ Or Behind Project Project Available Bud et Cost Economic Development Projects 1, 137,500� 1,137,500 Current Curtent Year Projected F7 283,350 Year Budget Curtent Year Cost 0 13114 Current Year Available 283,350 4,539,107 5,787 4,533,320 571,178 479,588 91,590 382,822 382,8220 6,727,539 2,315,896 4,411,643 000 750,0000 750,000 825,100 87,000 738,100 196,000 196,000 650,0000 6 00,000 Current Year Budget 13114 Current Year Current Year Current Year Budget J1 Cost 11 Available 1,137,500� 1,137,500 L==E�=__ 16,062,596 3,467,093 12,595,503 L:\Global\CIP Agenda Form\GTEC Status Repon\2014\GTEC- Project Status -2014-10.xlsx Page 1 of 1 10/2/2014 Austin Avenue - Bridge Evaluations (North and South San Gabriel Rivers) Project No. TBD TIP Project No. N/A October 2014 Project Description Evaluate the repairs necessary to restore full structural capacity to the Austin Avenue bridges over the North and South San Gabriel Rivers. The process will involve several phases - I) determination of testing needed, II) structural testing, analyses and evaluation of test data to determine/recommend corrective measures and a project budget, III) develop construction plans, specifications and contract documents, estimates of probable construction costs and, last, IV) construction administration. Purpose To extend the structural life of the two bridge and provide long-term vehicular capacity and pedestrian safety along Austin Avenue. Project Manager Bill Dryden, P.E. Engineer Aguirre & Fields, LP North San Gabriel River Bride South San Gabriel River Bride Element Status / Issues Design Staff met with Engineer and discussed potential courses of action. There are four basic paths to consider: Do Nothing. Short Term Temporary Fix. Medium Term Fix. Replace Structure. Engineer has developed 2 potential conceptual alignments for the proposed reconstruction of the bridge. Surveying N/A (TBD) Environmental/ TBD during Phase II Archeological Rights of Way Proposed ROW from 3rd Street to N. of 2nd; Existing ROW from N. of 2nd to Morrow Street. Utility Reloc'ns TBD (future) Construction TBD Other Issues Candidate project for May 2015 Bond Program election Project submitted for CAMPO funding FM 971 at Austin Avenue Realignment Intersection Improvements Project No.1BZ TIP No. QQ1 October 2014 Unchanged Project Description Design and preparation of final plans, specifications and estimates (PS&E) for the widening and realignment of FM 971 at Austin Avenue, eastward to Gann Street. Purpose To provide a new alignment consistent with the alignment of the proposed Northwest Boulevard Bridge over IH 35; to allow a feasible, alternate route from the west side go IH 35 to Austin Avenue, to Georgetown High School and a more direct route to SH 130. Project Managers Bill Dryden, P.E. Engineer Klotz Associates, Inc. • L 20 ; ►41"06 Element Status / Issues Design Preliminary Engineering complete; Engineer working on 60% design submittal Environmental/ Archeological 10/2015 Rights of Way Complete Utility Relocations TBD Construction 10/2016 Other Issues Working with TxDOT to develop an Advance Funding Agreement for plans review and construction administration. Project Description Purpose Project Manager Engineer FM 971 at Austin Avenue Improvements in San Gabriel Park Project No.1BZ TIP No. QQ1 October 2014 Design of final plans, specifications and estimates (PS&E) for the moving of all park amenities from the new FM 971 ROW. To clear the ROW of park amenities and allow TxDOT review of the PS&E. s Bill Dryden, P.E. Klotz Associates, Inc. 9k 1 3V- i= Ise Element Status / Issues Design Complete Environmental/ Archeological N/A Rights of Way Complete Utility Relocations Complete Construction Ongoing Other Issues Contractor has defaulted. Surety has proposed a replacement contractor and Legal and Systems Staff have accepted the proposal; terms being finalized; work to resume mid -October. FM 1460 Quail Valley Drive to University Drive Project No. 5RB TIP No. EEa, EEb & EEc October 2014 Unchanged Project Description Design and preparation of plans, specifications and estimates (PS&E) for the widening and reconstruction of FM 1460. Project will include review and update to existing Schematic, Right -of -Way Map and Environmental Document and completion of the PS&E for the remaining existing roadway. Purpose To keep the currently approved environmental documents active; purchase ROW, effect utility relocations/clearance and to provide on -the -shelf PS&E for TxDOT letting not later than August 2013, pending available construction funding. Project Managers Ed Polasek, AICP and Bill Dryden, P.E. Engineer Brown and Gay Engineers, Inc. 0 %O 2 a F- zm, W � ?a �� z0 O- zoQ Z��a oo ^ i o (� i w w a ► 0 m w o ;� �/� O� H m ; �� , Ab0 od o UJ UJ LU Ln g �o 0 oz a ; 7 00 ;d 0 LLA W r LL' r v ' 0 INVZ `.J Element Status / Issues Design Complete Environmental/ Archeological Environmental approved with Project Schematic. Rights of Way All appraisals are complete. Final offers have been made for all ROW parcels. The paperwork has been filed for all parcels requiring condemnation. Acquired: 29 Pending: 5 Condemnation: 2 Total: 36 Utility Relocations Ongoing as ROW is being acquired. Construction Bid opened August 2014 Construction scheduled to commence February 2015. Other Issues None Pending Municipal Separate Storm Sewer System (MS4) Permit October 2014 Unchanged Project Description Develop a multi -year implementation plan based on existing and cost effective future storm water management practices in order to comply with the Texas Commission on Environmental Quality (TCEQ) Municipal Separate Storm Sewer System (MS4) Permit. Purpose On December 11, 2013, the TCEQ adopted rules for newly regulated MS4s based on the 2010 Census designation of Urbanized Areas. The City of Georgetown is now part of Austin Large Urban Area based on those designations. Our 180 days to submit the Notice of Intent (NOI) and Storm water Management Plan (SWMP) began on December 11, 2013. The City of Georgetown (City) has engaged HDR Engineering, Inc. (Engineer) to assist the City with development of its Storm Water Management Program (SWMP) as a result of the City's recent designation as a MS4 operator. Initial services include a review of available storm water program and water quality information, a series of meetings with City departments and a City facility review. Permit submittal deadline to the TCEQ is June 11, 2014. Project Managers Nat Waggoner, PMP® Engineer/Engineers HDR, Inc. Task Status / Issues Initiation Scope of Services negotiations February 2014 - Completed Planning February/March 2014 - Completed Execution • Review and recommendation to Council by GTAB May 9, 2013 - Completed • Adoption by Council May 27, 2014 -Completed • Submittal to TCEQ June 11, 2014 - Completed Monitoring Public Notice of TCEQ Preliminary Determination- Received 25 August 2014 • Comment period begins on the first date the notice is published and ends 30 days later. - September 25111, 2014 • If significant public interest exists, the TCEQ executive director will direct the applicant to publish notice of the meeting and to hold the public meeting. • Applicant must file with the Chief Clerk a copy and an affidavit of the publication of notice(s) within 60 days of receiving the written instructions from the Office of Chief Clerk - October 251h, 2014 • Year 1 begins October 1st 2014 and ends October 1st, 2015. End of year report is due in December 2015. Other Issues None N Austin Avenue Sidewalk Improvements Rec Center to Georgetown High School Project No. 1CV TIP No. None October 2014 Project Description Design and preparation of final plans, specifications and estimates (PS&E) for the sidewalk improvements along N. Austin Avenue between the Georgetown Recreational Center and Georgetown High School. Purpose To provide a safe pedestrian route along North Austin avenue. Project Managers Bill Dryden, P.E. Engineer URS Corporation Element Status / Issues Design Complete Environmental/ Archeological Complete Rights of Way None Utility Relocations None Construction Construction ongoing; Contractor approximately 75% complete. Other Issues None pending. Sidewalk Master Plan and Public Facility Access Audit October 2014 Purpose The purpose of the City of Georgetown Sidewalk Study and Public Facility Access Audit is to inventory existing public infrastructure within the City of Georgetown City Limits, identify design and compliance deficiencies, evaluate future program requirements, and develop a long term implementation plan. Project Managers Nat Waggoner, PMP® Engineer HDR, Inc. Task Status / Issues Initiation - Task 1.3 — Project Kick Off Meeting com leted May 15, 2014. Planning - Task 4.4 — Coordinating Documents completed. Planning Open House #1 Execution - Schedule of Deliverables Task Nam 1"a :ADA Reporting Criteria for Sidewalk Analysis May-14 Jun-14 Comprehensive Review of Existing Studies, Plans, and Reports May-14 Jun-14 Self -Assessment Survey of Downtown District May-14 Jul-14 Data Collection and Field Inventory Jun-14 Aug-14 City Facilities Survey Jul-14 Sep-14 Sidewalk Implementation Plan and Project Prioritization May-14 Oct-14 Ongoing Parks and Amenities Survey (NOT YET FUNDED) Oct-14 Nov-14 Expected Government and Public Stakeholder Meetings May-14 Jan-15 (Public Meetings and Hearings Periodic thru Jan-15 'ADA Transition Plan Update to Council Targeting Jan-15 ----------------- Other Notes ADA • ADA TF Meeting 9/10/2014. Carina Reason, a representative of City's Risk Management/Employee Safety and Human Resources added to City TF staff • The sidewalk accessibility survey is complete. A draft of findings was delivered August 19th. • Government owned buildings ADA compliance review complete. Draft reports delivered August 29th and the final priority report is expected October 31st. • A public meeting with the ADA Task Force to present a project overview and gather initial prioritization guidance was held August 13f. Project Website • Launched 7/15/2014 Open House #1 • 30 Sept 2014, City Council Chambers from 5:30-7:30. Turnout was good; Staff has received some 45 comments in the first 48 hours following the Open House. Deficiency Quantities Non -Accessible Sidewalk 5,696 if _. Non -Accessible Curb Ramps 174 each Non -Accessible Pedestrian Crosswalks 17 each Protruding Objects 174 each Non -Accessible Pedestrian Push Buttons 8 each Non -Accessible Doors 55 each Non -Accessible Ramps 7 each INon-Accessible Driveways 67 each Smith Branch October 2014 Project Description Voluntary acquisition of eight (8) properties with finished floor elevations below the base flood elevation in the Smith Branch Watershed Purpose To reduce future flood damage risk for homes below the 100-year floodplain elevation. Project Managers Wesley Wright, P.E., and Terri Calhoun, SR/WA, R/W-NAC Engineer Kasberg, Patrick, & Associates (Flood Study)/Spitzer & Associates (Real Estate) P a 4 y V LGREENBRA DR 9! oW OR 1' 1700 GREENBRANa-1 ' I 1606 GREENBRANGN OR De i� D09 TRAILS ENO DR Potential Smith Branch Buy Out Properties G> oa EowN QPotential Property o D o25 0_05 - FEMA Floodplain Milea D _il Map Element Status / Issues Design Completed - Flood Study completed in 2013 Environmental/ Archeological Possible asbestos abatement on properties upon acquisition. Will begin in October. Property Acquisition GTAB and Council approved counter-offers on all eight (8) properties. Contracts are signed. This is a willing buyer - willing seller program and all identified properties are being acquired. Six properties have closed as of 10/01. One will close in early October. The last will close in mid -November. Asbestos analysis has begun and staff will soon be bidding out demolition work. Acquired: 6 Pending: 2 Condemnation: 0 Total: 8 Utility Relocations Will require termination of services - ongoing with each property closing. Construction Upon acquisition of properties, structures will be demolished and the lot returned to grass. Other Issues None Pending Southeast Inner Loop Corridor Study (IH 35 to Rockride Lane) Project No. None Project No. None October 2014 Project Description Develop preliminary design schematic alternatives, perform preliminary engineering and prepare an engineering report for the Southeast Inner Loop Schematic Design from IH 35 to Rockride Lane (CR 110) and Sam Houston Avenue. Purpose To determine ultimate alignment, interim and ultimate engineer's estimates of probable project costs and ROW needs for the future SH 29 Bypass, connecting the westerly route (SH 29 to IH 35) with Southeast Inner Loop and Sam Houston Avenue. Project Manager Bill Dryden, P.E. Engineer Kasberg Patrick and Associates Element Status / Issues Design Draft Final Report was Presented to GTAB in September for Board discussions. The Draft Final Report and Alignment were forwarded to Council with a unanimous recommendation of the Board for adoption. Surveying TBD (future) Environmental/ TBD (future) Archeological Rights of Way To be conceptually established during the preliminary schematic phase and further refined through the design phases. Utility Relocations TBD (future) Construction TBD (future) Other Issues Staff has met with the public sector stakeholders (City, TxDOT and WilCo) and their various engineering firms working along the Southwest Bypass/SE Inner Loop connection and the 135 corridor. Southwest Bypass Project (RM 2243 to IH 35) Project No.1CA Project No.14c October 2014 Unchanged Project Description Develop a Design Schematic for the Southwest Bypass from Leander Road (RM 2243) to IH 35 in the ultimate configuration and Construction Plans, Specifications and Estimate (PS&E) for construction of approximately 1.5 miles of interim 2-lane roadway from Leander Road (RM 2243) to its intersection with the existing Inner Loop underpass at IH 35. The portion from Leander Road to the east property line of Texas Crushed Stone is a GTAB Project; from the east line to the existing Inner Loop underpass at IH 35 is being funded by GTEC. Purpose To extend an interim portion of the SH 29 Bypass, filling in between Leander Road (RM 2243) to IH 35 Southbound Frontage Road. Project Manager Williamson County City Contact: Ed Polasek, AICP and Bill Dryden, P.E. Engineer HDR, Inc. Element Status / Issues Design Engineer is in preliminary engineering and schematic design phase of the facility. Alignment has been presented to staff and management. Surveying City stall met with the Surveyor to resolve a conflict in the proposed ROW to be acquired from Texas Crushed Stone. Environmental/ TBD by preliminary engineering phase. Archeological Rights of Way Conceptually established by the Industrial Agreement; will be refined through the schematic design phase. Negotiations ongoing for the remainder of the ROW Utility Relocations TBD (future) Construction This project included in the Williamson County 2013 Bond Program to construct 2 lanes of the ultimate roadway. Other Issues None Southwest Bypass Project (RM 2243 to IH 35) Project No.1CA Project No.14c October 2014 Unchanged Project Description Develop a Design Schematic for the Southwest Bypass from Leander Road (RM 2243) to IH 35 in the ultimate configuration and Construction Plans, Specifications and Estimate (PS&E) for construction of approximately 1.5 miles of interim 2-lane roadway from Leander Road (RM 2243) to its intersection with the existing Inner Loop underpass at IH 35. The portion from Leander Road to the east property line of Texas Crushed Stone is a GTAB Project; from the east line to the existing Inner Loop underpass at IH 35 is being funded by GTEC. Purpose To extend an interim portion of the SH 29 Bypass, filling in between Leander Road (RM 2243) to IH 35 Southbound Frontage Road. Project Manager Williamson County City Contact: Ed Polasek, AICP and Bill Dryden, P.E. Engineer HDR, Inc. Element Status / Issues Design Engineer is in preliminary engineering and schematic design phase of the facility. Alignment has been presented to staff and management. Surveying City stall met with the Surveyor to resolve a conflict in the proposed ROW to be acquired from Texas Crushed Stone. Environmental/ TBD by preliminary engineering phase. Archeological Rights of Way Conceptually established by the Industrial Agreement; will be refined through the schematic design phase. Negotiations ongoing for the remainder of the ROW Utility Relocations TBD (future) Construction This project included in the Williamson County 2013 Bond Program to construct 2 lanes of the ultimate roadway. Other Issues None Transit Study as Requested by City Council Project No. None Project No. None October 2014 Unchanged Project Council Motion: Discussion and possible direction to the City of Georgetown's Transportation Description Advisory Board (GTAB) to conduct an analysis and make a recommendation to the City Council no later than June 24, 2014 ,regarding the City's potential future participation in State and Regional Transportation Organizations including the benefits, conditions, and justification which would prompt the City's participation in Project Connect, Lone Star Rail and any other relevant State and Regional Transportation Organizations that the City should be involved with -- Steve Fought, Councilmember, District 4 Amended Motion: 1. The City Manager to determine what time and effort staff have available to conduct this type of study over the next year. If it is not in the Transportation Division, Planning Department, Finance Department and/or City Manager's Office work program, as outlined in the current draft budget, can it be adequately staffed to complete this level of work over the next year? 2. Is the challenge to research Federal, State and Regional transportation organizations or is it transit programs? This direction to staff is assuming it is transit programs. 3. Narrow the specific analysis to programs that are actually authorized to receive Federal formula and discretionary funding programs found within the current Federal Transit Administration. However, that would narrow the field down to three agencies or programs. Capital Metro, Lone Star Rail and the State of Texas through the Texas Department of Transportation. CARTS is only a contractor to Capital Metro and provides certain 5310 transit opportunities to persons outside of the Capital Metro Service Area in our jurisdiction. CAMPO, Project Connect, Project Connect North and My35 are simply planning programs that include staff from Capital Metro, Lone Star Rail District, and TxDOT and representatives from local governments. 4. The analysis should be based on how those planning programs will lead to funding through the project delivery agencies. (Fought amended to include financial risk and benefits to the City) 5. The Council should provide the Board and staff specifics on what type of economic analysis data will lead to an ultimate decision by the City Council. 6. Finally, some people 'can't see what the final project would look like' or 'can't see what a Transit Oriented Development would look like.' Years ago, when the City was looking at transportation options and creating a TOD ordinance, there was a field trip to perform some on the ground research. Members of the City Council, Planning and Zoning, and staff (GTAB was not in existence at the time) went and stayed at a TOD to see for themselves. We should have at least one field trip during this study. Since it has been about 8 years or so since that first and only field trip, it should be extremely informative to do it again and see what a TOD looks like today and how the project has performed over the years. Vote on the original motion as amended: Approved (6-1) (Hesser opposed) Project Ed Polasek, AICP Manager Engineer TBD Project Status Workplan Under Development Transportation Services Operations CIP Maintenance October 2014 Project Description 2012/13-2014 CIP Maintenance of roadways including, Chip seal, Cutler Overlays, Fog seal applications and Engineering design of future rehabilitation projects. Purpose To provide protection and maintain an overall pavement condition index of 85%. Project Manager Mark Miller Engineer/Engineers KPA, Steger Bizzell, Halff Assoc. Task Status / Issues 2nd and 61h Street (Halff) 2nd at Austin Avenue intersection improvement along with 6th Street. Engineering (Austin Ave. to Rock) (Smith Contracting) 2nd and 611, Street under construction. 14th Street staked and scheduled for construction following utility installation. (KPA) 2nd St to College St plans are 90% complete. Stake holder meeting held on September 2nd at Engineer office to explain proposed street, sidewalk and park improvements. Attendance was low but comments were positive. 9th Street (KPA) (Patin Construction) Construction underway. Underground work (Main to Rock) (conduits and storm drain will be installed first followed by road, curb and sidewalk improvements. Chip Seal Complete O Fog Seal Complete. Cutler/overlay Complete. Pavement KPA Engineering: pavement evaluation/scoring and update of 5 year CIP Evaluation reflecting changes and additions is waiting for Fugro Engineering. Final results expected in 30 days. City of Georgetown, Texas October 28, 2014 SUBJECT: - Kate McSpadden, with Wilco Montessori Partners, would like to advise the Council of a new charter school application in Central Williamson County per the Texas Education Agency requirements. ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: City of Georgetown, Texas October 28, 2014 SUBJECT: Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - CTSUD Update - EEOC — Ellison - EEOC — Spencer - EEOC -- Bermudez - Police - Meet and Confer - San Gabriel Park Improvements Project - Public Safety Facility - Williams Drive Project — County Agreement Section 551.072 Deliberation Regarding Real Property - VFW parkland purchase -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager Sec. 551.074: Personnel Matters - City Manager and City Attorney: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as allowed under Tex. Gov. Code Section 551.074 Personnel Matters Sec. 551.086: Competitive Matters - Discussion regarding the 2014 solar RFP. Presentation of bid offers and final rankings - Chris Foster, Manager of Resource Planning and Integration and Neil McAndrews from McAndrews and Associates ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: