HomeMy WebLinkAboutAgenda CC 10.23.2012Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
OCTOBER 23, 2012
The Georgetown City Council will meet on OCTOBER 23, 2012 at 6:00 P.M. at the Council Chambers at
101 E. 8th Street, Georgetown, Texas
If you need accommodations for a disability, please notify the city in advance.
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
Pledge of Allegiance
Comments from the Mayor
-Welcome and Meeting Procedures
-Presentation of Proclamation in honor of Friends of the Library Week
City Council Regional Board Reports
-Lone Star Rail District: Patty Eason
-Capital Area Metropolitan Planning Organization (CAMPO): Mayor Garver
City Manager Comments
Haunted Hayride
Georgetown Airfest
Police Promotions
Action from Executive Session
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.
B - As of the deadline, no persons were signed up to speak on items other than what was posted on the
agenda.
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.
C Consideration and possible action to approve the minutes of the Special Meeting held on September 6,
2012 and the Workshop and Regular Meeting held on Tuesday, October 9, 2012 -- Jessica Brettle, City
Secretary
D Consideration and possible action to approve a Resolution expressing official intent to reimburse
costs for the purchase of Public Safety Vehicles and Equipment, as well as, cost associated with
various facility, downtown and park improvements, in an amount not to exceed $2.3 million with
proceeds from bonds that will be issued at a later time -- Micki Rundell, Chief Financial Officer
E Consideration and possible action to approve agrant application to the Texas Historical
Commission for a Certified Local Government Grant in the amount of $14,000 -- Kimberly Garrett,
Parks and Recreation Director and Laurie Brewer, Assistant City Manager
Legislative Regular Agenda
F Public Hearing for the voluntary annexation into the city limits of 224.17 acres in the Walters
Survey, for Section II of the Madison at Georgetown, located on Ronald Reagan Blvd -- Jordan J.
Maddox, AICP, Principal Planner
G Public Hearing for the voluntary annexation into the city limits of 21.47 acres in the Lewis Dyches
Survey, to be known as HEB Georgetown South, located at the intersection of FM 1460 and SE Inner
Loop -- Jordan J. Maddox, AICP, Principal Planner
H Public Hearing and First Reading of an Ordinance for Rezoning from Office (OF) District to
Residential Single-family (RS) District for 0.2176 acres in the Hart Addition, Berton Tract, located
at 601 West 17th Street -- Carla Benton, Planner and Elizabeth Cook, Acting Director of Planning and
Development (action required)
I Public Hearingand First Reading of an Ordinance for the Public Safety Plan Element of the 2030
Comprehensive Plan -- Robert Fite, Fire Chief' Wayne Nero, Police Chief and Jordan Maddox,
Principal Planner (action required)
J Public Hearing and First Reading of an Ordinance Rezoning Reata East, Block A, Lots 1 and 2
(0.634 acres) from the Multifamily (MF) District to Two-family (TF) District, located at 3000 and
3002 Whisper Oaks Lane -- Mike Elabarger, Planner III and Elizabeth Cook, Acting Planning
Director (action required)
K First Reading of an Ordinance authorizing the issuance of 2012A General Obligation bonds -- Micki
Rundell, Chief Financial Officer (action required)
L Public Hearing and possible action on an amended and restated Development Agreement for
approximately 968 acres known as Cimarron Hills, located on Highway 29 West, including an
amended and restated Lease Agreement, an agreement for the delivery and use of reclaimed water and
an agreement terminating a license -- Jordan J. Maddox, AICP, Principal Planner and Bridget
Chapman, Acting City Attorney (action required)
M Public Hearing and possible action on a Consent Agreement between the City of Georgetown and
Cimarron Hills Development, L.L.C. and the Williamson County Municipal Utility District No.
26 (upon creation) known as Cimarron Hills -- Micki Rundell, Chief Financial Officer and Bridget
Chapman, Acting City Attorney (action required)
N Second Reading of an Ordinance amending Ordinance No 2001-31, regarding levying of
assessments for the cost of certain public improvements in the Cimarron Hills Public
Improvement District, approving the updated Service and Assessment plan and the revised
assessment roll, and levying assessments and fixing charges and liens against the property in the district
and against the owners -- Micki Rundell, Chief Financial Officer (action required)
O Discussion 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
P 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 2012-13 -- Eric Lashley, Library Director and
Laurie Brewer, Assistant City Manager
Q Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve Task Order SBE-12-008 with Steger Bizzell of
Georgetown, Texas, for professional engineering services related to the preliminary engineering
and schematic design of a replacement bridge on DB Wood Road at the Middle San Gabriel
River in the amount of $163,538.00 -- Edward G. Polasek, AICP, Transportation Services Director
and Bill Dryden, P.E., Transportation Engineer
R Forwarded from the Georgetown Utility Systems (GUS) Advisory Board:
Consideration and possible action to approve the contract for the Edwards Aquifer Recharge Zone
(EARZ) – VIII, Wastewater Rehabilitation to National Power Rodding Corporation, of Austin,
Texas, for the amount of $737,125.00 -- David Munk, P.E., Utility Engineer and Glenn W. Dishong,
Utility Director
S Consideration and possible action to execute a memorandum of understanding between the City of
Georgetown and Chisholm Trail Special Utility District relating to the consolidation of the district
utility system with the City utility system -- Micki Rundell, Chief Financial Officer and Jim Briggs,
General Manager for Utilities
T Discussion and possible action to direct staff regarding a potential amendment to Chapter 2.36 of the
Code of Ordinances related to the Attendance Policy for City Commissions, Committees and
Boards -- Troy Hellmann, Councilmember District 2 and Bridget Chapman, Acting City Attorney
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.
U 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
- LCRA Update
V Sec 551.072 Deliberation Regarding Real Property
- Deliberation concerning the purchase of property located at 304 Rock Dove Lane in connection with
utility operations -- Terri Calhoun, Real Estate Services Coordinator and Jim Briggs, General Manager
of Utilities
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 _________________, 2012, 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 23, 2012
SUBJECT:
Call to Order
Pledge of Allegiance
Comments from the Mayor
-Welcome and Meeting Procedures
-Presentation of Proclamation in honor of Friends of the Library Week
City Council Regional Board Reports
-Lone Star Rail District: Patty Eason
-Capital Area Metropolitan Planning Organization (CAMPO): Mayor Garver
City Manager Comments
Haunted Hayride
Georgetown Airfest
Police Promotions
Action from Executive Session
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
Cover Memo
Item # A
City of Georgetown, Texas
October 23, 2012
SUBJECT:
- As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda.
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
Cover Memo
Item # B
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Consideration and possible action to approve the minutes of the Special Meeting held on September 6, 2012
and the Workshop and Regular Meeting held on Tuesday, October 9, 2012 -- Jessica Brettle, City Secretary
ITEM SUMMARY:
Please see attached for draft minutes.
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
ATTACHMENTS:
September 6, 2012 DRAFT Special Session Minutes
October 9, 2012 DRAFT Workshop Minutes
October 9, 2012 DRAFT Regular Meeting Minutes
Lone Star Rail District Report - October 9
Cover Memo
Item # C
City Council Meeting Minutes/
Page 1 of 3 Pages
Draft
Minutes of the Meeting of the Governing Body
of the City of Georgetown, Texas
Thursday, September 6, 2012
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council Present:
Patty Eason, Danny Meigs, Bill Sattler, Tommy
Gonzalez, Rachael Jonrowe, Troy Hellmann, Jerry
Hammerlun
Council Absent:
All Council Present.
Staff Present:
Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City
Secretary; Micki Rundell, Chief Financial Officer; Jim Briggs, General Manager of Utilities
Minutes
Regular Session - To begin no earlier than 04:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
A Call to Order -
A SPECIAL MEETING OF THE CITY COUNCIL
B Second Public Hearing on the Tax Rate -- Micki Rundell, Chief Financial Officer
Eason absent.
Public Hearing was opened at 4:01PM
No persons were present to speak.
Public Hearing was closed at 4:01PM
C Discussion and possible action with regard to entering the negotiation and final evaluation phase of consolidation
of utility operations with Chisholm Trail Special Utility District (CTSUD) -- Glenn Dishong, Utilities Director and
Jim Briggs, General Manager of Utilities
Eason arrived at the dais.
With a Powerpoint Presentation, Briggs introduced representatives of CTSUD to the Council. Briggs said the
City had a joint meeting at Ford Elementary and noted, since that time, CTSUD has had further meetings
throughout the district. He said, last week, they authorized the preparation of a Memorandum of Understanding
(MOU) to be created jointly with Georgetown for consideration by both boards. He said this would be an
agreement that would outline specifics of consolidation. He said they scheduled this evening a brief overview of
where we have been, where we are and looking forward. He asked that, at the end of the meeting, Council
authorize the staff to move forward and bring back that memorandum of understanding. He said the MOU would
move the City into the next phase. He said the district has assigned some staff to work on the agreement and
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Item # C
City Council Meeting Minutes/
Page 2 of 3 Pages
noted the City staff will work with their staff on that agreement as well. He said the expectation is that timing will
move quickly and get that completed in the first week of October. He said all of the issues are out there but they
need to be folded into an agreement. He asked Nelisa to go over the Powepoint and, with the last slides, there
will be some bullet points summarizing the subject matter contained in the agreements.
Speaker, Nelisa Heddon, with Water Resources Management siad they are the consulting team that came
together to assist the city and look at the consolidation of CTSUD with the City. She said she would like to give
an overview the Council. She wanted to provide an overview of the findings and give Council an opportunity to
ask questions. She spoke about the driving forces behind the need for this study. She spoke about the
limitations of district in providing service to current customers. She also said there were limitations of the district
in providing service to future customers. She noted they found the district's limitations does affect the City. She
said this was a collaborative effort between the City and the district. She noted it is about bringing the two entities
together. She said both entities approved an interlocal agreement to perform a study and noted an executive
committee was approved and formed at that time. She spoke about the alternatives and scenarios that were
examined by the committee. She spoke about the two scenarios. She said the first scenario would be to create a
Local Government Corporation (LGC) and purchase the CTSUD system and the City would take over the district
and its responsibilities. She said the second scenario was a Public Utility Agency (PUA) and she described that
scenario for the Council. She noted these alternatives were evaluated against the status quo. She said the study
found was that the city would have the largest cost savings with the LGC model. She said the cost savings were
associated with three key areas, operations and management savings, capital improvement savings and finance
savings. She noted the Executive Committee established some evaluation criteria for each of the models. She
said they utilized this criteria as a measuring stick to evaluation both options. She noted the LGC model seemed
to meet the criteria the best. She noted, however, with the LGC model the City takes on some financial risk. She
explained those risks for the Council and how the City could mitigate those risks. She listed the many benefits of
the LGC model. She noted, in conclusion, the project team found that regionalization through an LGC model
facilitates the key goals set forth by the Executive Committee. She noted this would allow for long term tax rate
stabilization. She provided Council with recommendations for a path forward. She said step two of this process
would be to execute an MOU. She said the MOU would be a non-binding agreement that the two entities would
enter into outlining the intent to negotiate a final contract. She said, through the MOU, the two entities will decide
whether to proceed with an LGC or a PUA. She briefly described other aspects of the MOU. She said Phase
Three would be to outline and negotiate the final contract. She noted Phase Four would be for each entities to go
through the public process and determine whether or not to execute the contract. She said it is not until Phase
Five that the City is bound to this agreement. She said, at the conclusion of Phase Five, the City would take over
the operational transfer of the system. She said Stage Six would be the TCEQ processes and Stage Seven
would be closing the transaction. She noted Stage Eight would be to transfer the system over. She said
questions from the public were submitted in writing and answers to those were posted online. She said they set
a target date of September 30 on whether or not to move forward. She said the next step is for Council to
approve the MOU. She spoke about what will be addressed in the MOU, including governance, asset transfer,
staff transfer, water supply, CIP and rate structure. Briggs said the MOU would become more detailed relative to
highlighting issues that would have to be addressed. He said staff would recommend moving in that direction to
try and get that wrapped up so staff has better direction on how to move forward.
Hammerlun asked about the process of getting to a Memorandum of Understanding. He asked about the MOU
on CTSUD's website and where that fits into the process. Briggs spoke about the initial draft of the MOU done by
CTSUD. He said he saw that for the first time the other day but said it is a good starting point but noted the staff
would have some work to go through that for greater clarity. He said that draft is their thoughts on paper and the
City will have some thoughts to put on paper as well. Hammerlun asked and Briggs said the document is open
and noted he or the Council can ask questions on the document if they would like. Mayor discouraged Council
going through the CTSUD MOU until after the City has worked with CTSUD on this issue. Hammerlun said he is
perfectly happy to share his response with Briggs. Briggs said he is welcome to receive comments and
questions from any Council members. Hammerlun said he is happy with the approach Mayor suggested and
noted he does not see the need to go through these issues at this time. He noted he appreciates the fact that the
CTSUD Board has done that and posted their MOU online. Briggs said once the city is done, the agreement will
not look like it does not but will have pieces and parts from both sides. Hammerlun said the one thing he is
convinced of is the LGC is the vehicle for the city to pursue. Jonrowe thanked Nelisa for a great presentation.
She also thanked the staff and the people at Chisholm who have worked on this so far. She agreed with
Hammerlun and said the LGC is the mechanism to use before moving forward. She noted she hopes the City
and CTSUD and move forward in the spirit of cooperation. Gonzalez said he will ditto thanking everyone and
noted, looking at the draft, the one thing he wants to make sure is that there is no harm done to the currentrate
payers and citizens of Georgetown. He said he agrees that the LGC is the best approach because of the savings.
Sattler asked and Briggs said there is no public hearing schedule set for an MOU. Briggs said whenever the
MOU is finished and gets published it will be open to public review. Sattler asked and Briggs said, if council
Attachment number 1 \nPage 2 of 3
Item # C
City Council Meeting Minutes/
Page 3 of 3 Pages
members receive feedback from constituents, please share them with the committee working on the MOU. Briggs
said the draft posted on CTSUD's website has some details but noted it needs to be worked on by staff. Meigs
thanked Nelisa for the presentation and noted he looks forward to moving forward. Hellmann said he is excited
to see what ends up being developed and noted this seems like a good win win for everyone. He added,
however, the devil is in the details. Eason said she would like to reiterate the statements have been made. She
thanked all of the staff, the legal advisors and the district itself in terms of what they had to go through to get to
this point. She noted she can imagine they have heard plenty of comments. She said what is important to her is
that the district has come together and come to a decision which is important so the City can move forward.
Motion by Gonzalez, second by Jonrowe to direct staff to move forward with the negotiations to finalize a
memorandum of understanding regarding the consolidation of the Chisholm Trail Special Utility District with
Georgetown Utility Systems and bring back to Council the proposed memorandum the first week of October.
Approved 7-0
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
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
- Consultation with attorney regarding contract negotiation with Chisholm Trail Special Utility District
Adjournment
The meeting was adjourned at 04:34 PM.
Approved : Attest:
_______________________________________________
Mayor George Garver City Secretary Jessica Brettle
Attachment number 1 \nPage 3 of 3
Item # C
City Council Meeting Minutes/
Page 1 of 3 Pages
Draft
Minutes of the Meeting of the Governing Body
of the City of Georgetown, Texas
Tuesday, October 9, 2012
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council Present:
Patty Eason, Danny Meigs, Bill Sattler, Tommy
Gonzalez, Rachael Jonrowe, Troy Hellmann
Council Absent:
Jerry Hammerlun
Staff Present:
Paul E. Brandenburg, City Manager; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial
Officer; Kimberly Garrett, Parks and Recreation Director; Laurie Brewer, Assistant City Manager;
Minutes
Policy Development/Review Workshop - Call to order at 04:00 PM
A Council Visioning Update -- Paul E. Brandenburg, City Manager
Hammerlun and Gonzalez absent.
Brandenburg described the visioning sessions that occurred last month. He spoke about how Council was asked
to define the "city of excellence" and said they came up with the statement: "The City of Excellence is one that
maximizes its citizen's quality of life." He noted, after that statement was defined, Council considered what the
city needs to do to become a City of Excellence. He said staff sat in the back of the room during the meeting
while Council tried to arrive at what they vision was. He noted the top priorities that came out of the meeting were
public safety, transportation, economic development, utilities and a signature destination. He spoke about how
the Council looked at each priority and determined how to break those down into smaller goals. He described the
sub-points and projects under each of those priorities. He spoke about how he is initiating meetings with staff and
broke them into teams according to each of the five priorities. He noted he will be attending all of the meetings.
He said there has been very positive discussion and innovativeness so far. He noted it has been exciting to hear
the ideas from staff. He noted he hopes to have business plans for each of those five priorities done by the first of
the year. He added, however, there is still a lot of work to be done with this.
Jonrowe said she appreciates the updates and noted she would like to see more updates as progress is being
made. Brandenburg said he will start sharing more with Council as stuff is available. He noted, as it gets to be
firmer, he will start sharing more with Council. Mayor asked and Brandenburg said Council will eventually have
business plans for each of the priorities as well as sections talking about how to finance each of those plans.
B Presentation on IOOF Cemetery operations and possible direction on pursuing self-sustaining options -- John
Hesser, Chair, Parks and Recreation Advisory Board and Kimberly Garrett, Parks and Recreation Director
Garrett introduced herself as well as Hesser to the Council. With a Powerpoint Presentation, she described what
IOOF means and said it stands for International Order of Odd Fellows. She provided a brief background of the
cemetery and how the City obtained it years ago. She also provided a brief history of how it has been operating.
Hesser said, when the board was going through the process of budgeting, it became aware of a negative. He
said there was an outlay for maintenance of the cemetery and noted there was no offset for that. He said, if this
continues on, they are worried what it will look like. He said they are also concerned about whether or not there
Attachment number 2 \nPage 1 of 3
Item # C
City Council Meeting Minutes/
Page 2 of 3 Pages
will be a burden on the tax base. He said the next question that came about is what is the obligation of the
government to provide burial places as well as what are citizens expectations for a cemetery. He said the Parks
and Recreation Board felt these questions needed answers.
Garrett said the cemetery was transferred to the City in 1968 in exchange for real estate and cash with an
understanding that the City would maintain the property in perpetuity. She said at this point in time the IOOF
transferred two additions with lots available for sale. She noted they were selling the lots for $25 each in 1968.
She said through all of the documentation it was evident there was a plan on how the cemetery was to be
maintained. She said the cemetery was once considered profitable. She said the City made a commitment with
the IOOF for perpetual care of the cemetery. She said, since then, the City purchased additional land adjacent to
the cemetery next to the railroad to continue with the cemetery sales. She said the City invested money and
expanded the cemetery three times since taking over ownership and responsibility. She noted a master plan was
created in 2007 for the cemetery. She said they ran out of lots until the City was able to purchase extra land in
2007. She said the main objectives were to maximize available properties and respond to public need. She
noted the City offered single lots instead of double lots and the City also started an urn area. She noted in 2007
there was also a policy created to collect fees to help offset maintenance costs as well as an increase in lot
prices. She said over the last five years, the city has spent $348,000 in maintenance and improvements and
collected $275,000 in revenues from lot sales and fees. She noted the City sells on average about 30-40 lots per
year at a cost of about $1,500 per lot. She said based on the current sales rate, they estimate there there is
approximately 20 years left before traditional burial sites will be sold out. She noted that, however, is
unpredictable. She said based on that history, and many meetings with the Parks Board, the Board made
observations based on the information staff had gathered.
Hesser said twenty years of remaining time is very conservative in that the population is aging and the the
community is growing. He said they feel the 20 years is the outside number. He noted once the lots are sold,
there will be no revenue to help offset future maintenance costs. He noted changes in the market have been
moving from transitional burial to cremations. He said cremation is up 7% in the last five years. He said people in
the higher income bracket tend to be cremated. He noted one of the contributing factors is that those families are
dispersed across the country and cremation seems to be a better method for bringing people home. He said the
second thing they observed is the present solution for cremation does not seem to be working. He said they
found that there is a process called a columbarium which is a better use of space and more attractive than the in
ground urn area currently used. He said they think there is an opportunity there. He said they have a couple of
options the City must consider as well. He said the first option is to continue to do what the city is doing. He
noted the second option is to try to sell the cemetery. He noted the third option is to consider a self-sustaining
operation. He said the board is recommending the City form a 501c3 corporation to reduce the burden on
government and allow for tax deductible donations to be made to the corporation. He said they recommend the
City create an annuity trust to fund perpetual care. He said the board just wanted to make the Council aware of
this situation and ask that Council direct staff and the Board to continue its research and to come back in 120
days with details on a recommended plan. He noted at this point they have identified a problem without a
solution.
Eason said she certainly thinks this needs more study and said it is her opinion for the Board to go forward and
looking at all solutions to this issue. Eason asked about the 501c3 issue and asked who would be doing the
fundraising activities and who would be the potential donors. She said she does not know who will be the target
population to ask for donations. Hesser said the most important aspect of the 501c3 is to segregate the entity for
the purpose of the cemetery. He said the assets acquired over time would be used for the cemetery as opposed
to any other purpose. Garrett spoke about generous people around the community and noted the City receives
calls from families who want to donate to the cemetery for maintenance. She continued to speak about how a
501c3 would be beneficial. Hellmann asked and Garrett said the cemetery is about 20 acres and noted there are
about 800 lots available. Brandenburg said what we are charging here at the city is reasonable. Meigs thanked
Hesser for his work. Sattler asked if there is a state law that obligates the City to have a cemetery. Hesser said
he did not look into that in his research. There were many questions about the cemetery. Sattler asked and
Garrett said the City owns the land for the cemetery north of 29, but noted the City does not maintain it. Sattler
spoke about how this is putting a burden on city staff. Jonrowe said she agrees to the 120 days staff and the
Board requested before coming back with a full report. She said, given the historic nature of the cemetery, she is
not squeamish of it being a responsibility of the City. Mayor spoke about making sure that we do not allow history
to escape us. He said there are a large number of lots and grave sites that carry a lot of history.
Motion by Hellmann, second by Meigs to direct the Parks Board and staff to pursue the options for the cemetery
and come back to Council after 120 days with a follow up report. Approved 5-0 (Hammerlun, Gonzalez absent)
C Presentation, Update and Discussion regarding the Rivery Conference Center -- Paul E. Brandenburg, City
Attachment number 2 \nPage 2 of 3
Item # C
City Council Meeting Minutes/
Page 3 of 3 Pages
Manager
Brandenburg reviewed the Summit at the Rivery Park project for the Council. He said that the project got started
in 2007 and noted, due to the economic downturn, the project was delayed. He spoke about how this will be an
economic engine for the City and the County. He spoke about how there is a buzz in Georgetown now regarding
Economic Development. He noted tonight's purpose is to bring the Council up to speed on the status of the
project and to refresh the Council's memory on the project as well.
Novak introduced himself to the City Council. He spoke about the history of this project in Georgetown and how
it has evolved since 2007.
Gonzalez arrived at the dais at 5:01PM
He said, in the Spring of 2008, Dan Clark was able to announce the partnership with GE Capital. He said the
banking crashes in October 2008 flipped everyone over on their ears. He spoke about their many efforts to raise
money for the project. He described how he got linked up with Hines on this project. He showed Hines the
property and asked them to consider the project. He said they fell in love with it. He noted they have continued to
work with Hines to move forward with this project. Novak said between February 2007 and October 2012, the
Novak Brothers have invested over $10 million and committed another $4 million to get the hotel deal completed.
There was much discussion. He spoke about the EB5 money and his trip to China. He spoke about the Chinese
government and why they have a surplus of money available for investment. He described why this project is a
good candidate to receive the EB5 money. He spoke about Hines and the projects the company has done. He
said this project is not dead and he said they are moving forward. He said he feels very good about the value
they will create. He spoke about frustration with timelines. He provided Council with the project timeline and
noted they hope to finish this by December of 2014. There were many comments. He provided Council with some
renderings of what Hines is going to do and what the finished project will look like.
Gonzalez thanked Novak for all of the effort and work that has been put into this project. He spoke about the
construction loan and EB5 money. He asked and Novak explained how those loans work. Jonrowe asked how
likely the EB5 deal will come to fruition. Novak said he thinks the EB5 group is oversubscribed and noted there
are more people than there are spots. Jonrowe asked and Novak spoke about when he thinks that will be ready.
Jonrowe asked and Novak confirmed there will be two connection points between the residential area and the
rest of the City. Novak spoke about their backup plan. Sattler thanked Novak for all of his hard work. He noted in
1971-1973, he worked as a project engineer for the Galleria in Houston. He said Hines was true to his word. He
noted he is sure that same philosophy is there and thanked him for tying up with such a good person and a good
company to bring this project forward. He said he supports Novak and this project. Meigs thanked Novak and
said he is pulling for him. Hellmann said this was a very informative presentation that answered a lot of
questions. He said he appreciates him answering the timing questions. He said he thinks this is going to be a
great economic benefit to all of Georgetonwn. He said he like the fact that Hines has a commitment to complete.
Eason said she is happy to hear the up date and added, hopefully, it will not be too long before the Council sees
this dream come true.
Brandenburg concluded and said staff will keep the Council abreast on this project
Adjournment
The meeting was adjourned at 05:40 PM.
Approved : Attest:
_______________________________________________
Mayor George Garver City Secretary Jessica Brettle
Attachment number 2 \nPage 3 of 3
Item # C
City Council Meeting Minutes/
Page 1 of 6 Pages
Draft
Minutes of the Meeting of the Governing Body
of the City of Georgetown, Texas
Tuesday, October 9, 2012
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council Present:
Patty Eason, Danny Meigs, Bill Sattler, Tommy
Gonzalez, Rachael Jonrowe, Troy Hellmann
Council Absent:
Jerry Hammerlun
Staff Present:
Paul Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City
Secretary; Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant City Manager; Jim Briggs,
General Manager for Utilities; Trina Bickford, Purchasing Manager; Mike Peters, Information Technology
Director; Cari Miller, Tourism Director; Jordan Maddox, Principal Planner; Paul Pausewang, Facilities
Coordinator
Minutes
Regular Session - To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
A Call to Order - Mayor called the meeting to order at 6:13PM
Pledge of Allegiance
Comments from the Mayor
- Welcome and Meeting Procedures
- Mayor presented a proclamation to Mickie Ross in honor of Chisholm Trail Month.
Ross spoke about the upcoming Chisholm Trail event. Garver spoke about the event and how this can be
considered a destination activity for Georgetown.
Council Regional Board Reports
Eason made an announcement regarding an upcoming legislative luncheon that is being held by the Greater
Austin-San Antonio Corridor Council. She said that Council is charged with having the responsibility for multiple
transportation issues for the I-35 corridor that is from Austin to San Antonio. She said one of the top three
priorities delegated to them is the Lone Star Rail District. She noted the Corridor Council is holding the luncheon
on Friday, November 9, 2012 from 11:30am to 1:30pm at the Embassy Suites Hotel and Conference Center in
San Marcos. She said locally elected state representatives will be there to discuss transportation issues. She
said this will be a great opportunity for anyone interested in transportation issues to attend. She briefly
summarized the report from the Lone Star Rail District and noted the full report is attached to the minutes of this
meeting.
Garver spoke about his last meeting at CAMPO. He said, at that meeting, they had a presenter from TXDOT who
laid out the plans for a high speed rail district to start from Oklahoma City and terminate in San Antonio. He said
the minimum speed of that rail would be 150 mph. He noted the planning and concept for that rail is under
review. He said, at the last CAMPO meeting, there was also discussion regarding traffic on I-35 and options for
Attachment number 3 \nPage 1 of 6
Item # C
City Council Meeting Minutes/
Page 2 of 6 Pages
moving truck traffic to Toll Road 130. He continued to describe this subject matter for the audience and Council.
City Manager Comments
The Grand Opening for Fire Station #5 will be held on Wednesday, October 10, 2012 at 3:30 p.m. Fire Station #
5 is located at 3600 DB Woods Road.
The 18th Annual Halloween Hayride & Carnival is on Thursday, October 25th from 5pm-9pm at the Community
Center in San Gabriel Park. Ticket sales will STOP at 8:00 p.m. Please note: This will not be a scary Haunted
Hay ride as in year’s past. It is a friendly hay ride through the park with Halloween themed decorations, aimed
towards younger children. A new feature this year is a FREE Movie in the Park! The movie Monster House
(PG) will show at 7:30 pm at Eagle Field in San Gabriel Park.Please contact the Georgetown Parks & Recreation
Department at 930-3595 or visit our website at www.georgetown.org for more information.
The Georgetown Airfest will be held at the Georgetown Municipal Airport in Georgetown, Texas on Saturday,
November 3, 2012. A wide range of interesting and unique aircraft will be on static display on the taxiways. The
event starts at 9 a.m. and goes to 4 p.m. and admission is free. For more information please visit
http://airfest.georgetown.org.
Electric rate reduction related to lower Power Cost Adjustment (PCA)
Action from Executive Session
There was no action out of Executive Session.
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.
B- As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda.
Statutory Consent Agenda
The Statutory Consent Agenda includes non-controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on
Tuesday, September 25, 2012 -- Jessica Brettle, City Secretary
D Consideration and possible action to approve the declaration of a large dump trailer as surplus to allow use
as a trade in on two smaller, more useable, dump trailers -- Trina Bickford, Purchasing Manager and Micki
Rundell, Chief Financial Officer
E Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible action to approve the annual appropriation to Verizon Wireless (Verizon) in the
amount of $92,000 for wireless data services. Wireless data services involve communication from City systems
to computers in Police and Fire vehicles, GUS field and other vehicles -- Mike Peters, Information Technology
Director
Sattler asked that Peters explain why the IT items were not gone out for bid. Peters said Items E-J as well as
Item T are all related to the same basic process. He said all of these items, which are routine are brought up to
Council to get them appropriated and available for payment each year. He said these are related to previous
purchases of computer hardware, software or telecommunication services. He said this provides a process that
allows the City to pay those as they come up during the year. He noted, in each case, these items are repeats of
the same items from this time last year. He added, because they are maintenance payments for items we have
already acquired, there is no option to go out for bid. He said the City is continuing the services from the same
vendors.
Attachment number 3 \nPage 2 of 6
Item # C
City Council Meeting Minutes/
Page 3 of 6 Pages
F Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible approval of annual appropriation to Presidio Networked Solutions, Inc. (Presidio)
in the amount of $65,000 for IT hardware/software maintenance expense -- Mike Peters, Information
Technology Director.
G Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible action to approve the annual appropriation to Tyler Technologies (Tyler) in the
amount of $65,000 for IT software maintenance expense for the Incode system (Financial, Court and Utility
Billing Systems) -- Mike Peters, Information Technology Director
H Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible action to approve the annual appropriation to Flair Data Systems (Flair) in the
amount of $58,000 for IT hardware/software maintenance expense (Cisco Phone System) -- Mike Peters,
Information Technology Director
I Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible action to approve the annual appropriation to EST Group (EST) in the amount of
$54,000 for IT hardware/software maintenance expense (Compellent Data Storage platform and other
products) -- Mike Peters, Information Technology Director
J Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible action to approve the annual appropriation to Electsolve Technology Solutions
and Services, Inc. (Electsolve) for the amount of $50,400 for annual software maintenance of the City’s
Meter Data Management System -- Mike Peters, Information Technology Director
K Consideration and possible action to approve the recommendation by the Convention and Visitors Bureau
board for the allocation of $14,000.00 in Hotel Occupancy Tax (HOT) funds to: Georgetown Palace Theatre
($2,000), Georgetown Art Works ($2,000), Texas Half Century Club - Heart of Texas Senior Softball Tournament
($2,500), Georgetown High School Soccer Booster Club – Soccer Governor’s Cup ($2,000), Georgetown Soccer
Booster Club – UIL State Soccer Tournament ($2,000), Williamson County Sheriff’s Posse Rodeo ($2,500),
Cyclocross Project 2015 ($1,000) -- Ty Gipson, Convention and Visitors Bureau Board Chair and Cari Miller,
Tourism Manager
L Discussion and possible action to approve a commercial buyer representation agreement with Brashear
Properties for the purpose of acquiring parkland -- Laurie Brewer, Assistant City Manager
Motion by Meigs ,second by Sattler to approve the consent agenda with the exception of Item M, which was
pulled to the Regular Agenda by Eason. Approved 6-0 (Hammerlun absent)
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
M Consideration and possible action to approve a Resolution granting a petition and setting public hearing
dates for the voluntary annexation into the city limits of 21.47 acres in the Lewis Dyches Survey, to be known
as HEB Georgetown South, located at the intersection of FM 1460 and SE Inner Loop -- Jordan J. Maddox,
AICP, Principal Planner
This item was pulled from the consent agenda by Councilmember Eason for further discussion.
Eason said it seems this is a preliminary item to Item O and noted she would like the whole story to be told.
Maddox said this is a Resolution that grants a petition and sets the public hearing dates for the annexation of
HEB Georgetown South. He said the Texas Local Government Code requires the City pass a Resolution
accepting the petition for annexation as well as setting public hearing dates and establishing the public process
for this annexation. He described the annexation schedule for the Council.
Motion by Eason, second by Meigs to approve the Resolution. Approved 6-0 (Hammerlun absent)
N Public Hearing for the voluntary annexation into the city limits of 224.17 acres in the Walters Survey, for
Section II of the Madison at Georgetown , located on Ronald Reagan Blvd -- Jordan J. Maddox, AICP,
Principal Planner
Attachment number 3 \nPage 3 of 6
Item # C
City Council Meeting Minutes/
Page 4 of 6 Pages
Maddox said this is for a annexation petition received in August for Section II of the Madison at Georgetown. He
said this is primarily a residential development. He said there was an initial section of this project that was
approved in 2010. He noted there is also a development agreement for this project that was approved in 2008.
He said the City provides sewer as a part of this agreement. He said there is also a zoning and preliminary plat
in process. He said this is the first of two hearings and requires no action from Council.
Public Hearing opened at 6:42PM
No persons were present to speak.
Public Hearing closed at 6:42 PM
No action was required.
O Public Hearing for the voluntary annexation into the city limits of 21.47 acres in the Lewis Dyches Survey, to
be known as HEB Georgetown South , located at the intersection of FM 1460 and SE Inner Loop -- Jordan J.
Maddox, AICP, Principal Planner
Maddox described the item and said this is a companion item to the resolution that was approved in Item M. He
said staff was approached with six applications including a voluntary petition for annexation. He said this is the
first of two public hearings. He said a comprehensive plan rezoning, preliminary plat and annexation will all come
to Council in the future. He noted this item requires no action from Council at ths time.
Public Hearing was opened at 6:43PM
No persons were present to speak.
Public Hearing was closed at 6:43PM
No action was required.
P Public Hearing and possible action to approve a Development Agreement for 10.0 acres in the Dyches
Survey, to be known as the Springstone Hospital, located on SE Inner Loop -- Jordan J. Maddox, AICP,
Principal Planner and Skye Masson, Assistant City Attorney (action required)
Maddox said the City received an application for the development agreement for this hospital. He said the
company is Propstone and said they approached the City about doing a development agreement to help this
project move forward. He noted this is a behavioral health and mental health facility classified under the UDC as
a psychiatric hospital. He noted this property is currently outside of the City limits. He said staff reviewed the
application and entered into negotiations with the property owner as well as the potential buyer. He said they took
this to Planning and Zoning which had some concerns with the language in the agreement. He said they tabled
the item and noted changes were made and came back at the next meeting where it was approved unanimously.
Public Hearing opened at 6:45 PM
Speaker, Greg Oakley, said they have a brief presentation to make. He described the proposed Springstone
Development for the Council. He said they have done extensive market research and noted, based on census
data and population growth and need for specialty care hospitals, they have identified a need for this type of
service in Georgetown. He said this is a 72 bed hospital and has a wing to take care of seniors. He noted this is
a $14 million facility located on 10 acres in the Longhorn Junction Development. He said there will be 150 high
paying jobs. He spoke about the property tax benefits from this facility. He continued to describe the hospital for
the Council. He noted they hope to have the hospital up and running in the fourth quarter of 2013.
Speaker, Steve Metcalf, thanked the Council and said they would be happy to answer any questions about the
Development Agreement.
Public Hearing closed at 6:52PM
Motion by Gonzalez, second by Hellmann to approve the agreement. Approved 6-0 (Hammerlun absent)
Attachment number 3 \nPage 4 of 6
Item # C
City Council Meeting Minutes/
Page 5 of 6 Pages
Q Public Hearing and possible action to name the North San Gabriel Trail in honor of Randy Morrow, the
former Community Services Director for the City of Georgetown, pursuant to the policy established by the City
Council on November 14, 2006 regarding the Naming of City Facilities, Public Park Lands and Public Streets --
Paul E. Brandenburg, City Manager (action required)
Brandenburg described the item for Council and said the original street naming policy is to allow for a 30 day
hearing period. He said the action tonight would approve a Resolution waiving that hearing period and naming
the North San Gabriel Trail after Randy Morrow. He spoke about the contributions Randy Morrow has made to
the City and its parks and trails and how he fits the naming criteria. He said it is more than fitting and an honor to
name the trail system after Randy.
Public Hearing opened at 6:56PM
No persons were present to speak.
Public Hearing closed at 6:56PM
Motion by Meigs, second by Hellmann to name the North San Gabriel trail after Randy Morrow. Approved 6-0
(Hammerlun absent)
Motion by Gonzalez, second by Meigs to approve the Resolution to waive the 30 day waiting period. Approved
6-0 (Hammerlun absent)
R Public Hearing and First Reading of an Ordinance amending Ordinance No 2001-31, regarding levying of
assessments for the cost of certain public improvements in the Cimarron Hills Public Improvement
District, approving the updated Service and Assessment plan and the revised assessment roll, and levying
assessments and fixing charges and liens against the property in the district and against the owners -- Micki
Rundell, Chief Financial Officer (action required)
Rundell described the item and said this is the second step in the public process. She said the Public Hearing
has been noticed according to state law.
Public Hearing opened at 6:58PM
No persons were present to speak.
Public Hearing closed at 6:58PM
Rundell read only the caption of the Ordinance on first reading after having satisfied the requirements of the City
Charter.
Motion by Meigs, second by Eason to approve the Ordinance on first reading. Approved 6-0 (Hammerlun
absent)
S Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible action to award the landscape maintenance for City owned facilities to
Stillwater Landscaping for a two (2) year contact in the amount of $429,216 -- Paul Pausewang, Facilities
Coordinator and Micki Rundell, Chief Financial Officer
Rundell described the item and said bids were solicited to perform landscape services for the next two years for
the city. She noted there were six different proposals received and reviewed. She said the recommendation is to
award the bid to Stillwater Landscaping.
Motion by Meigs, second by Eason to approve.
Gonzalez asked and Rundell said there were bids and there was criteria set forward. She said price was a very
important portion of this, as was best value. She spoke about the quality of work of the past vendor, We Mow it,
and how it was in question. She said Stillwater was the preferred vendor and was cheaper. Jonrowe asked and
Rundell said the City does not do any in-house landscaping. Rundell said the majority of it is mowing. She noted
the Parks staff does do some hand maintenance. She said, this year, the City added the airport mowing as well.
Jonrowe asked and Rundell spoke about why it is more cost effective and efficient to outsource these services.
Attachment number 3 \nPage 5 of 6
Item # C
City Council Meeting Minutes/
Page 6 of 6 Pages
Brandenburg spoke about outsourcing this services. He said, in the years that are dry, the City does not have to
cut. He noted the City would have a lot of equipment not being put to use if the City did this itself. Sattler asked
and Rundell said We Mow It was a local contractor and Stillwater is out of Elgin, which is Bastrop County. Sattler
asked and Rundell said the local contractor lost primarily because of service. She noted the City received a
tremendous amount of complaints. Meigs asked and Rundell confirmed We Mow It does have other contracts
with the City.
Vote on the motion: Approved 4-2 (Sattler, Gonzalez opposed) (Hammerlun absent)
T Forwarded from the General Government and Finance Advisory Committee (GGAF):
Consideration and possible action to approve the annual appropriation to Sungard Public Sector, Inc.
(Sungard) in the amount of $138,000 for IT software maintenance expense for the Sungard OSSI
CAD/RMS system (Public Safety Computer Aided Dispatch System) -- Mike Peters, Information Technology
Director
Peters said this is the last annual appropriation and the one item that exceeds the cost allowable on the consent
agenda.
Motion by Meigs, second by Jonrowe to approve the appropriation. Approved 6-0 (Hammerlun absent)
Adjournment
The meeting was adjourned at 07:05 PM.
Approved : Attest:
_______________________________________________
Mayor George Garver City Secretary Jessica Brettle
Attachment number 3 \nPage 6 of 6
Item # C
1
Jessica Brettle
From:Patty Eason <pattyse@verizon.net>
Sent:Monday, October 08, 2012 4:20 PM
To:Jessica Brettle
Subject:FW: Lone Star Rail District Major Activities Update - 10/8/2012
Greetings Jessica: My report for tomorrow night.
Thanks, Patty
From: Joseph Black [mailto:jblack@lonestarrail.com]
Sent: Monday, October 08, 2012 4:09 PM
To: 'Patty Eason'; tadkisson@co.bexar.tx.us; mary@briseno.net; mariano@alliedconsultants.com;
sheryl.cole@austintexas.gov; will.conley@co.hays.tx.us; sid_c@swbell.net; ddanos@aacog.com;
sarah.eckhardt@co.travis.tx.us; karen.huber@co.travis.tx.us; debbiei@co.hays.tx.us; Langmore@earthlink.net;
kporterfield@sanmarcostx.gov; cschubert@pcsiinc.com; Tullos.Wells@bgllp.com; jeff.wentworth@senate.state.tx.us;
'Sandy Nolte'; 'George Antuna Jr'; carlton.soules@sanantonio.gov
Cc: REMNYT@aol.com; 'Alison Schulze'
Subject: Lone Star Rail District Major Activities Update - 10/8/2012
Good afternoon, everyone –
Here is the report of LSRD major activities for 10/8/2012:
Passenger Rail/Freight Rail Project Strategy –
Work in Travis and Hays Counties to secure agreement for local operations and maintenance funding
continues. The local funding team (LSRD staff and consultants) are currently in frequent meetings and
discussions with City of Austin staff regarding TIF provisions and deal points for a potential Interlocal
Agreement. The team made a joint presentation on TIFs to City Manager Marc Ott on on 8/14. The meeting
with the city council’s Audit and Finance Committee has been moved to October due to conflicts with other
pressing financial issues. In Hays County, the team is beginning to meet with city staffs and making
presentations to city councils. Plans are to commence negotiations with the Hays County jurisdictions after
progress has been made in Travis County.
The local funding team is involved in the preparation of regional funding and financing plans, and organizational
plans for the CAMPO Transit Working Group’s High Capacity Transit activities, of which LSTAR is an integral
part. The first report of the regional funding and financing workgroup was made to the TWG in
September. LSTAR was featured prominently in the first funding phase. More detailed and specific financial
plans, and specific recommendations as to phasing of projects, plus a discussion of regional organization
initiatives, are upcoming.
Lone Star Rail staff, counsel, and consultants met recently with representatives of Argenta Group, Bombardier,
and RATPDev to discuss P3 financing and partnership opportunities.
The comprehensive business plan is largely complete; LSRD consultants PFM are working on the last chapters,
which detail the financial/P3 strategy that the District will follow in the coming months to begin securing capital
funds for the project and local funds for O&M, and to inform financial and operational negotiations with Union
Pacific (an effort being coordinated by RL Banks, a highly‐regarded railroad operations and economics firm). A
draft deliverable is expected by early November, in time for the joint MPO (CAMPO – San Antonio/Bexar County
MPO) meeting on November 12.
LSRD staff are concluding negotiations with CAMPO, TxDOT, and FHWA to create an Advance Funding
Agreement for use of the $8 million (plus $2 million in local matching funds) STP‐MM funds awarded by CAMPO
for the study of the freight bypass and coordination of a single environmental document for the project.
Attachment number 4 \nPage 1 of 3
Item # C
2
LSRD, with Board approval received, will be procuring an on call program management contractor to assist with
engineering review, planning process, preparation of program documents, and other program management
tasks this month.
LSRD, with Board approval received, expects to begin procurement of an environmental contractor to work on
the environmental analysis of the Freight Bypass before the end of the year.
Union Pacific Joint Operations Planning / Freight Relocation –
LSRD staff provided service plan and rail equipment performance planning data to Union Pacific in August to
inform UP’s rail network simulation modeling effort using Rail Traffic Controller (RTC) software.
LSRD staff and consultants held a one‐day design exercise to evaluate infrastructure and operational options for
the future LSTAR line with joint passenger and freight train activity. Data from this exercise will be provided to
UP for use in their rail network simulation modeling efforts.
Freight Bypass Stakeholder Engagement –
The Stakeholder Engagement team, consisting of LSRD staff and consultants and representatives of Union
Pacific, continues to meet bi‐weekly to coordinate messaging and report on ongoing outreach efforts.
A Stakeholder Engagement meeting has been scheduled for November 15 with Guadalupe County
Commissioners, the Mayors of Seguin and Schertz, and Board Member Will Conley.
San Antonio‐area Stakeholder Engagement activities include a presentation to the SA Hispanic Chamber of
Commerce on 9/3, and upcoming presentations to the SA Downtown Rotary Club on 10/10, the UTSA Student
Government on 10/11, and the SA Chamber Transportation Committee on 10/16.
Public Engagement –
Lone Star Rail staff gave a project update presentation to the Austin Area Research Organization on 9/10, the
Union Pacific Community Advisory Panel on 10/2, and the Austin Association for Public Transportation on
10/3. Upcoming presentations include the Women’s Transportation Seminar Heart of Texas Chapter on 11/14,
and the Women’s Transportation Seminar San Antonio Chapter on 12/12.
Lone Star Rail staff gave a joint presentation with the Project Connect North Corridor team to the Eggers
Neighborhood Association in Round Rock on 9/18, the North Austin Sustainable Neighborhoods organization on
9/20, and the Williamson County Non‐Profit Organizations on 9/26. Upcoming Project Connect North Corridor
presentations include Sun City in Georgetown on 10/17, and the Round Rock Rotary on 10/19.
Lone Star Rail staff participated in a Corridor Council round table at the Texas Economic Development
Association’s annual meeting on 9/25.
Other –
Lone Star Rail District continues to participate actively in the CAMPO Transit Working Group and Project Connect
initiatives to define the future Central Texas high capacity transit system.
Thank you very much for your continued support of and work for the LSTAR project.
Joe
Joseph Black
Rail Director/Operations Manager
LONE STAR RAIL DISTRICT
PO Box 1618
San Marcos, TX 78667
Attachment number 4 \nPage 2 of 3
Item # C
3
Office: 512-558-7368
Mobile: 512-749-2150
jblack@lonestarrail.com
www.lonestarrail.com
Attachment number 4 \nPage 3 of 3
Item # C
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Consideration and possible action to approve a Resolution expressing official intent to reimburse costs for
the purchase of Public Safety Vehicles and Equipment, as well as, cost associated with various facility,
downtown and park improvements, in an amount not to exceed $2.3 million with proceeds from bonds that
will be issued at a later time -- Micki Rundell, Chief Financial Officer
ITEM SUMMARY:
The 2012/13 Budget included debt issuance for the following:
Public Safety Vehicles and equipment $1,243,000
Facility, downtown & park improvements 985,000
Total net Proceeds $2,228,000
Approval of the attached bond reimbursement resolution will allow the design work, construction and/or
purchase of these programs to move forward using existing cash, and reimbursing the funds with debt issued
later in the fiscal year.
This resolution does NOT commit the City to the bonds in the event the project is delayed or funded in
another manner.
COMMENTS
The process of using a bond reimbursement resolution has been used over the past nine years to provide
better debt and project management. Due to the City’s Fiscal and Budgetary Policy, tax-supported debt must
be issued within the term of the Council approving the reimbursement resolution. Therefore, this debt must
be issued before May 2013.
FINANCIAL IMPACT:
SUBMITTED BY:
ATTACHMENTS:
Resolution
Cover Memo
Item # D
Reimbursement Resolution No. _________
Page 1 of 2
C:\Program Files\neevia.com\docConverterPro\temp\NVDC\3C71B214-0885-438F-9B40-
BA014AA92F56\PDFConvert.7503.1.ReimbResCIP12.13.docx
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, EXPRESSING OFFICIAL INTENT
TO REIMBURSE COSTS OF CERTAIN FACILITIES AND
EQUIPMENT.
WHEREAS, the City of Georgetown, Texas (the "Issuer") is a home-rule City of the State of
Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with the acquisition of the
facilities and equipment described in Section 2 prior to the issuance of obligations to finance the Projects;
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer
and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to
finance the Projects;
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 Issuer reasonably expects to incur debt, as one or more separate series of various
types of obligations, with an aggregate maximum principal amount equal to $5,500,000 for the purpose of
paying the costs of the projects described below:
Public Safety Vehicles & Other Equipment $1,243,000
Facility, downtown & park improvements $ 985,000
SECTION 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt
obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than
18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property,
with respect to which such expenditures were made, is placed in service.
SECTION 4. All tax supported debt to be issued within this resolution will be issued within the term of
the Council authorizing this resolution. If the tax supported portion of this debt is not issued before the
approving Council leaves office, all projects included in the above schedule that are to be funded with
tax supported debt must be reauthorized by Council.
SECTION 4. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this
Resolution more than three years after the date any expenditure which is to be reimbursed is paid.
Attachment number 1 \nPage 1 of 2
Item # D
Reimbursement Resolution No. _________
Page 2 of 2
C:\Program Files\neevia.com\docConverterPro\temp\NVDC\3C71B214-0885-438F-9B40-
BA014AA92F56\PDFConvert.7503.1.ReimbResCIP12.13.docx
SECTION 5. This resolution shall be effective immediately upon adoption.
RESOLVED this 23rd day of October 2012.
ATTEST: THE CITY OF GEORGETOWN:
______________________ ______________________
Jessica Brettle By: George Garver
City Secretary Mayor
APPROVED AS TO FORM:
______________________
Bridget Chapman
Acting City Attorney
Attachment number 1 \nPage 2 of 2
Item # D
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Consideration and possible action to approve agrant application to the Texas Historical Commission for
a Certified Local Government Grant in the amount of $14,000 -- Kimberly Garrett, Parks and Recreation
Director and Laurie Brewer, Assistant City Manager
ITEM SUMMARY:
The Parks and Recreation Department is requesting permission to apply for a matching grant from the Texas
Historical Commission for a Certified Local Government Grant. The grant request will be for $7,000 with
the City contributing matching funds of $7,000.
The grant would be to help survey the cemetery located near Hwy 29 and IH 35 referred to as the Citizen's
Memorial Association Cemetery. There is no existing map or layout of the cemetery and this grant would be
a first step in re-establishing the cemetery boundary and also to get an accurate record of who is buried
there. This grant will also help the City to have the cemetery designated a historical cemetery. The Parks
and Recreation staff would work closely and coordinate with the Citizen's Memorial Association.
The Parks and Recreation staff will work with the Planning Department staff in completing the application.
The grant application is due on November 2, 2012
FINANCIAL IMPACT:
The $7,000 matching funds are budgeted in account 231-5-0211-51-310
SUBMITTED BY:
KImberly Garrett
Cover Memo
Item # E
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Public Hearing for the voluntary annexation into the city limits of 224.17 acres in the Walters Survey, for
Section II of the Madison at Georgetown, located on Ronald Reagan Blvd -- Jordan J. Maddox, AICP,
Principal Planner
ITEM SUMMARY:
The proposed annexation is for property that is the second section of Madison at Georgetown, a development
planned for northwest Georgetown. Companion rezoning and preliminary plat applications are on file and are
being processed simultaneously. Section II is proposed for 292 single-family lots with commercial and multi-
family tracts along Ronald Reagan. There is a development agreement for this property which details the
provision of wastewater services and land use. Water is currently served by Chisholm Trail S.U.D. Section I
was accepted for annexation, zoning, and a Preliminary Plat in 2010. No construction has occurred on
Section I to date.
In a resolution on August 14th, Council established the public hearing schedule for Section II, in accordance
with State Law. In order to complete the annexation, the following process will be followed:
October-November Calendar
· August 14, 2012: Resolution accepting petition and setting public hearing dates
· October 9, 2012: 1st Public Hearing held at City Council Meeting.
· October 23, 2012: 2nd Public Hearing at City Council Meeting.
· November 13, 2012: 1st Reading of Ordinance at City Council Meeting,
· November 27, 2012: 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 January 22, 2012.)
No action is required at this time.
FINANCIAL IMPACT:
This is a voluntary annexation so improvements will be made as part of the subdivision and construction
process by the developer. City services, including police and fire protection, emergency medical services,
solid waste collection and disposal, maintenance of wastewater facilities, maintenance of road, streets and
drainage, street lighting, and maintenance of City park and recreation facilities must be provided to the
annexed area within sixty (60) days after the effective date of the annexation, if applicable. Extension of
capital improvements such as wastewater systems will be subject to the City’s utility extension and
improvement policy and/or the development agreement with the City.
SUBMITTED BY:
Jordan J. Maddox, AICP, Principal Planner
ATTACHMENTS:
Resolution Accepting Petition
Location Map
Property Survey
Service Plan
Voluntary Petition
Cover Memo
Item # F
Attachment number 1 \nPage 1 of 2
Item # F
Attachment number 1 \nPage 2 of 2
Item # F
Resolution No. __________________ Page 1 of 1
Madison at Georgetown, Section II Annexation 224.17 ac
Date Approved: 8.14.2012
RESOLUTION NO. ______________
A Resolution of the City Council of the City of Georgetown, Texas, granting a
Petition for the Voluntary Annexation of 224.17 acres in the Walters Survey, for the
Madison at Georgetown Section II; and directing publication of notice and public
hearings for proposed annexation
Whereas, the owners of the hereinafter described area of land have requested the governing
body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written
petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit:
224.17 acres in the Walters Survey, Williamson County, Texas, more particularly shown on
the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,”
both of which are attached hereto and incorporated herein by reference as if set forth in
full; and
Whereas, the said area of land is contiguous to the existing city limits of the City of
Georgetown, and is vacant and without residents or has fewer than three qualified voters residing on
it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
That the said Petition, being proper and according to law, shall be, and is hereby, granted; and,
further, the City Secretary is directed to commence the publication of notices of two public hearings
to be held October 9, 2012, and October 23, 2012, before the City Council on the subject of the
proposed annexation of the said area into the city limits; and further, to place upon the City Council
Agendas for November 13, 2012, and any meeting before January 22, 2013, the consideration of the
passage of an ordinance annexing said area into the city limits.
PASSED AND APPROVED this the 14th day of August, 2012.
ATTEST:
____ __ __
Jessica Brettle, City Secretary George G. Garver, Mayor
Approved as to Form:
__
Bridget Chapman, Acting City Attorney
Attachment number 2 \nPage 1 of 1
Item # F
Exhibit A Attachment number 3 \nPage 1 of 1
Item # F
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR JOHN GOURLEY ET. AL. – MADISON AT GEORGETOWN COTENANCY
BEING 224.17 acres in the L.S. Walters Survey, Abstract No. 653; in Williamson County, Texas; including
part of the property called 424.43 acres that was conveyed by Ken Richmond to John D. Gourley, et. al., as described in
Doc. 2006052470, Official Public Records of Williamson County, Texas (OPRWCT). A Cotenancy Agreement is of
record as filed in Doc. 2010025541 (ORWCT). This parcel is a part of the 374.43 acres which was surveyed on the
ground in April of 2010, under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No.
1847. Survey note: The bearing basis for this survey is the Texas Coordinate System of 1983, Grid North, Texas Central
Zone. Line codes herein are in agreement with the survey drawing prepared this date.
BEGINNING at an iron pin which was found at the intersection of the South line of Ronald Reagan Blvd. with
the West line of the said 424.43 acre property, at the Southwest corner of a 17.72 acre property that was conveyed by
John Gourley, et. al., to Williamson County (Doc. 2009083183). This corner exists in the East boundary of the property
of Somerset Hills Ltd. (Lot 2, 189.153 ac. Doc. 2004098880). An iron pin which was found at the Southeast corner of
an 11.33 acre Right-of-way strip which was conveyed by Somerset Hills Ltd. to Williamson County for Ronald Reagan
Blvd. (Doc. 2010006962) stands (L46) N 20º43’41” W 23.21 feet.
THENCE with the South boundary of Ronald Reagan Blvd., (C6) 92.21 feet with the arc of the curve to the
left having a radius of 3580.01 feet and a central angle of 01º28’33”, the chord bears N 34º54’17”E 92.21 feet to an iron
pin found; and N 34º12’51”E at 188.27 feet pass an iron pin which was set, continuing in all 1110.45 feet to an iron pin
which was found at the beginning of a curve to the right (C7) having a radius of 7870.02 feet and a central angle of
10º34’06”, 1451.63 feet with the arc of the curve, the chord bears N 39º29’58”E 1449.57 feet to an iron pin which was
found at the end of the curve, and N 44º46’55”E 340.26 feet to an iron pin which was found in the lower West boundary
of the property of John Yearwood, et. ux. (200 ac. 1813/665).
THENCE with the East boundary of the said 424.43 acres and the lower West boundary of the property of John
Yearwood, et. ux., S 20º30’50 “E 1949.91 feet to a nail found in a washer in concrete; and S 19º57’50”E 889.93 feet to
an iron pin which was found at the Northwest corner of the property of Clyde Thompson (1303/897); continuing with
the common boundary between the 424.43 acres and the property of Thompson, S 19º59’E 704.63 feet to an iron pin
found; and S 19º50’44”E 739.01 feet to the most Northerly of 2 steel stakes found.
THENCE departing the boundary of the said 424.43 acres and the boundary of the said 374.43 acres, S 17º35’
46” E 528.55 feet to the Southeast corner of this parcel.
THENCE along the South boundary of this parcel, as follows; (L60) S 74º22’44” W 48.76 feet to the beginning
of a curve to the right (C13) having a radius of 966.0 feet and a central angle of 20º09’48”, 339.95 feet with the arc of
the curve, the chord bears S 84º44’21” W 338.20 feet to the end of the curve; N 85º10’44” W 420.08 feet; (L61) S 04º
53’07” W 73.62 feet to the beginning of a curve to the left (C14) having a radius of 930.0 feet and a central angle of
09º19’08”, 151.26 feet with the arc of the curve, the chord bears S 85º06’31” W 151.10 feet to the end of the curve;
S 80º 26’57” W 419.12 feet to the beginning of a curve to the left (C15) having a radius of 1130.00 feet and a central
angle of 10º15’16”, 202.24 feet with the arc of the curve, the chord bears S 75º19’19” W 201.97 feet to the end of the
curve; (L62) S70º11’41” W 38.41 feet; (L63) S 71º31’27” W 27.84 feet; (L64) S 73º10’56” W 80.46 feet; (L65) S 70º
51’27” W 13.88 feet; and S 70º11’41” W 807.37 feet to the Southwest corner of this property.
THENCE with the West boundary of the said 424.43 acre tract, and the East line of the property of Somerset
Hills, Ltd. (Lot 2 189.153 ac. Doc. 2004098880), along the West line of the L.S. Walters Survey and the East line of the
F. Foy Survey, A-229, N 20º12’46”W 2886.72 feet to the POINT OF BEGINNING.
I, WM. F. FOREST, JR., do hereby certify that this description was prepared based on a survey of 374.43 acres that
was made on the ground of the property legally described hereon, under my supervision in April of 2010. This
description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH,
WITNESS my hand and seal at Georgetown, Tx., this the 20st day of June of 2012, A.D.
File: Word: Madison annexation.doc
________________________________WM.F. FOREST JR.
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847
Exhibit B Attachment number 4 \nPage 1 of 2
Item # F
Exhibit B
Attachment number 4 \nPage 2 of 2
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 1 of 13
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: MADISON AT GEORGETOWN SECTION II
COUNCIL DISTRICT NO. 4
DATE: OCTOBER 9, 2012
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 “Madison at Georgetown Section II.”
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 October 9, 2012, and October 23, 2012, 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.
The development of this property would require a rezoning and Utility Agreement at the time
of development. The rezoning and Utility Agreement 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 Utility Agreement, the Utility Agreement shall control. Water is currently provided by
Chisholm Trail and the City of Georgetown has no obligation to provide water services to the
property as of the date of this service plan and shall have no obligation to fulfill provisions of
this plan pertaining to such services.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(l) 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.
Attachment number 5 \nPage 1 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 2 of 13
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 2½ years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
4½ 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-
Attachment number 5 \nPage 2 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 3 of 13
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. The property currently is in the Chisholm Trail
Service Area, not the City of Georgetown.
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.
Attachment number 5 \nPage 3 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 4 of 13
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.
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 4½ 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
Attachment number 5 \nPage 4 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 5 of 13
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 – 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 2½ 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
½ years from the effective date of annexation and will be substantially complete within 4
½ 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.
Attachment number 5 \nPage 5 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 6 of 13
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 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.
Attachment number 5 \nPage 6 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 7 of 13
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.
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
Attachment number 5 \nPage 7 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 8 of 13
(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 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
Attachment number 5 \nPage 8 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 9 of 13
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.
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.
Attachment number 5 \nPage 9 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 10 of 13
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
Attachment number 5 \nPage 10 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 11 of 13
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;
Attachment number 5 \nPage 11 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 12 of 13
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
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
Attachment number 5 \nPage 12 of 13
Item # F
Annexation Service Plan Madison at Georgetown Section II
Page 13 of 13
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.
Attachment number 5 \nPage 13 of 13
Item # F
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Public Hearing for the voluntary annexation into the city limits of 21.47 acres in the Lewis Dyches
Survey, to be known as HEB Georgetown South, located at the intersection of FM 1460 and SE Inner Loop
-- Jordan J. Maddox, AICP, Principal Planner
ITEM SUMMARY:
A petition for voluntary annexation has been submitted for property proposed for an HEB. Companion
applications for a comprehensive plan amendment, zoning, platting, utility evaluation, and a development
agreement have been submitted and are being reviewed by Planning staff. These other entitlement
applications will proceed simultaneously through the development review process towards Council
consideration.
Annexation will outpace these other applications and public hearings begin the process of considering a
voluntary annexation. No Council action is required. Below is the State procedure for considering a
voluntary annexation.
October - November 2012 Cycle
· October 9, 2012: Resolution accepting petition
· October 9, 2012: 1st Public Hearing held at City Council Meeting.
· October 23, 2012: 2nd Public Hearing at City Council Meeting.
· November 13, 2012: 1st Reading of Ordinance at City Council Meeting,
· November 27, 2012: 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 January 22, 2013.)
No action is required for this item.
FINANCIAL IMPACT:
This is a voluntary annexation, so capital improvements are not required per annexation action. City services,
including police and fire protection, emergency medical services, solid waste collection and disposal,
maintenance of water and wastewater facilities, maintenance of road, streets and drainage, street lighting,
maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60)
days after the effective date of the annexation; however, there are no residents or current development on this
property. Extension of capital improvements such as water and wastewater systems will be subject to the
City’s utility extension and improvement policy and/or the approval of a development agreement by the City.
SUBMITTED BY:
Jordan J. Maddox, AICP, Principal Planner
ATTACHMENTS:
Voluntary Petition Letter
Resolution Accepting Petition
Exhibit B - Property Survey
Exhibit C - Service Plan
Exhibit A - Location Map
Cover Memo
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Resolution No. __________________ Page 1 of 1
HEB South Voluntary Annexation 21/47 acres
Date Approved: 10.9.2012
RESOLUTION NO. ______________
A Resolution of the City Council of the City of Georgetown, Texas, granting a
Petition for the Voluntary Annexation of 21.47 acres in the Dyches Survey, for HEB
South; and directing publication of notice and public hearings for proposed
annexation
Whereas, the owners of the hereinafter described area of land have requested the governing
body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written
petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit:
21.47 acres in the Dyches Survey, Williamson County, Texas, more particularly shown on
the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,”
both of which are attached hereto and incorporated herein by reference as if set forth in
full; and
Whereas, the said area of land is contiguous to the existing city limits of the City of
Georgetown, and is vacant and without residents or has fewer than three qualified voters residing on
it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
That the said Petition, being proper and according to law, shall be, and is hereby, granted; and,
further, the City Secretary is directed to commence the publication of notices of two public hearings
to be held October 9, 2012, and October 23, 2012, before the City Council on the subject of the
proposed annexation of the said area into the city limits; and further, to place upon the City Council
Agendas for November 13, 2012, and any meeting before January 22, 2013, the consideration of the
passage of an ordinance annexing said area into the city limits.
PASSED AND APPROVED this the 9th day of October, 2012.
ATTEST:
____ __ __
Jessica Brettle, City Secretary George G. Garver, Mayor
Approved as to Form:
__
Bridget Chapman, Acting City Attorney
Attachment number 2 \nPage 1 of 1
Item # G
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LegendSiteParcelsCity LimitsGeorgetown ETJExhibit A
Attachment number 3 \nPage 1 of 1
Item # G
Exhibit B
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Attachment number 4 \nPage 3 of 3
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 1 of 13
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: HEB GEORGETOWN SOUTH
COUNCIL DISTRICT NO. 1
DATE: OCTOBER 9, 2012
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 “Madison at Georgetown Section II.”
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 October 9, 2012, and October 23, 2012, 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.
The development of this property would require a rezoning and Utility Agreement at the time
of development. The rezoning and Utility Agreement 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 Utility Agreement, the Utility Agreement shall control.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(l) 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
Attachment number 5 \nPage 1 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 2 of 13
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 2½ years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
4½ 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
Attachment number 5 \nPage 2 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 3 of 13
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. The property currently is in the Chisholm Trail
Service Area, not the City of Georgetown.
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.
Attachment number 5 \nPage 3 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 4 of 13
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.
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 4½ 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
Attachment number 5 \nPage 4 of 13
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Annexation Service Plan Madison at Georgetown Section II
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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 – 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 2½ 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
½ years from the effective date of annexation and will be substantially complete within 4
½ 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.
Attachment number 5 \nPage 5 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 6 of 13
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 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
Attachment number 5 \nPage 6 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 7 of 13
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.
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
Attachment number 5 \nPage 7 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 8 of 13
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 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
Attachment number 5 \nPage 8 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 9 of 13
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.
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.
Attachment number 5 \nPage 9 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 10 of 13
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:
Attachment number 5 \nPage 10 of 13
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Annexation Service Plan Madison at Georgetown Section II
Page 11 of 13
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)
Attachment number 5 \nPage 11 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 12 of 13
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
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
Attachment number 5 \nPage 12 of 13
Item # G
Annexation Service Plan Madison at Georgetown Section II
Page 13 of 13
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.
Attachment number 5 \nPage 13 of 13
Item # G
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Public Hearing and First Reading of an Ordinance for Rezoning from Office (OF) District to Residential
Single-family (RS) District for 0.2176 acres in the Hart Addition, Berton Tract, located at 601 West 17th
Street -- Carla Benton, Planner and Elizabeth Cook, Acting Director of Planning and Development (action
required)
ITEM SUMMARY:
Background: The applicant has requested to rezone the property from Office (OF) District to Residential
Single-family (RS) District to provide for one single-family residence.
Public Comments: No comments have been received. At the Planning and Zoning meeting of June 5, 2012 a
Public Hearing was held with no speakers.
Planning and Zoning Commission Recommendation: The Public Hearing was opened at the October 2,
2012 Regular Meeting of the Planning and Zoning Commission. The Planning and Zoning Commission
recommended approval of the proposed rezoning by a vote of 6-0.
Special Considerations: None
Recommended Motion: Approval of the First Reading of an Ordinance for Rezoning from Office (OF)
District to Residential Single-family (RS) District for 0.2176 acres in the Hart Addition, Berton Tract.
FINANCIAL IMPACT:
None.
SUBMITTED BY:
Carla Benton
ATTACHMENTS:
Staff Report
Location Map
Future Land Use Map
Zoning Map
Aerial Map
P&Z Minutes
Ordinance
Exhibit A
Exhibit B
Cover Memo
Item # H
Georgetown Planning and Development Department Staff Report
Hart Addition Rezoning Page 1 of 4
Report Date: September 18, 2012
File No: REZ-2012-014
Project Planner: Carla Benton, Planner
Item Details
Project Name: Hart Addition, Berton Tract (pt)
Location: 601 West 17th Street (See Exhibit 1)
Total Acreage: 0.2176 acres
Legal Description: 0.2176 acres in the Hart Addition, Berton Tract
Applicant: James Prince, Prince Development
Property Owners: Armando De La Torre
Contact: James Prince
Existing Use: Undeveloped land
Existing Zoning: Office (OF) District
Proposed Zoning: Residential Single-family (RS) District
Future Land Use: Moderate Density Residential
Growth Tier: Tier 1A
Overview of Applicant’s Request
The applicant has requested to rezone the property from Office (OF) District to Residential
Single-family (RS) District to provide for one single-family residence.
Site Information
Location:
The property is located at the intersection of 17th Street and Hart Street, west of Austin
Avenue.
Physical Characteristics:
The lot is currently undeveloped but had previously contained a residential structure.
Surrounding Properties:
The surrounding properties are residential and include the Georgetown Housing Authority
development.
Attachment number 1 \nPage 1 of 4
Item # H
Planning & Development Staff Report
Hart Addition Rezoning Page 2 of 4
Location Zoning Future Land Use Existing Use
North Office (OF) Moderate Density
Residential
Residential (Georgetown
Housing Authority)
South Office (OF) District Moderate Density
Residential
Residential (Georgetown
Housing Authority)
East Residential Single-
family (RS) District
Moderate Density
Residential Residential
West Office (OF) District Moderate Density
Residential Residential
(See Exhibits 2 and 3)
Attachment number 1 \nPage 2 of 4
Item # H
Planning & Development Staff Report
Hart Addition Rezoning Page 3 of 4
Property History
The previous zoning district that applied to this area was the RM Multiple-Family District that
also included the Office and Service Use (RM3) District. The RM3 District included all
residential uses, as the zoning districts were cumulative. When the Unified Development
Code redefined the districts, the OF District no longer allowed residential uses. It was
recognized at the time of conversion from RM to OF that some discrepancies were created, but
that those would best be addressed on a case by case basis through rezoning.
2030 Plan Conformance
The proposed rezoning is in conformance with the 2030 Plan land use designation of
Moderate Density Residential. This land use category comprises single family neighborhoods
that can be accommodated at a density ranging between 3.1 and 6 dwelling units per gross
acre.
The 2030 Plan Growth Tier Map designation is Tier 1A (Developed, Redeveloping), which is
the 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 District
The intent of the RS District is primarily to provide a location for single-family residential
development.
Utilities
The City of Georgetown is the provider for electric, water and wastewater. It is anticipated
that there is adequate capacity to serve this property.
Transportation
This tract is served by both 17th Street and Hart Street, both providing adequate access for a
single-family residence.
Future Application(s)
The following application will be required to be submitted:
· Building permits for construction.
Staff Analysis
Staff is supportive of the request to rezone from OF to RS for the following reasons:
1. The Future Land Use designation of Moderate Density Residential supports residential
uses.
2. The existing zoning of the surrounding area is primarily OF District and an RS District
to the east. While the majority of property surrounding this tract is OF District, the
Attachment number 1 \nPage 3 of 4
Item # H
Planning & Development Staff Report
Hart Addition Rezoning Page 4 of 4
uses are entirely residential and preceded the redefinition of the RM District to OF
District. It was recognized during the redefinition that some inconsistencies were being
created that would require rezoning.
3. The surrounding developed uses, are residential including the Georgetown Housing
Authority. The proposed residential use is compatible with the area and is less intense
than typical office uses.
Staff is supportive of the proposed rezoning to Residential Single-family (RS) District as it is
compatible with the Future Land Use, and is a compatible use with the surrounding area.
Inter Departmental, Governmental and Agency Comments
None
Public Comments
A total of 15 notices were sent out to property owners within 200 feet of the proposed
rezoning. Public notice was posted in the Sun newspaper on September 16, 2012. No public
comments were received at the time of this report.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use Map
Exhibit 3 – Zoning Map
Exhibit 4 – Aerial Map (2012)
Meetings Schedule
October 2, 2012 – Planning and Zoning Commission
October 23, 2012 – City Council First Reading (pending)
November 13, 2012 – City Council Second Reading (pending)
Attachment number 1 \nPage 4 of 4
Item # H
W 1 7TH ST
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REZ-2 012-014
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Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯
LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2012-014
Attachment number 2 \nPage 1 of 1
Item # H
W 1 7TH ST
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LegendSiteParcelsCity LimitsGeorgetown ETJ
Legend
Thoroughfare
EC
EF
EMA
EMIA
ERF
PC
PF
PFR
PMA
PMIA
PR
Future Land Use
Institutional
Regional Com mercial
Community Com mercial
Ag / Rural Residential
Employment Center
HIgh Density Residential
Low Density Residential
Mining
Mixed Use Com munity
Mixed Use Neighborhood Center
Moderate Density Residential
Open Space
Specialty Mixed Use Area
Future Land Use / Overall Transportation Plan
Exhibit #2REZ-2012-014
Attachment number 3 \nPage 1 of 1
Item # H
REZ-2 012-014
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Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯
REZ-2012-014 LegendSiteParcelsCity LimitsGeorgetown ETJ
Zoning Information
Exhibit #3
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Item # H
Planning & Zoning Commission Minutes / October 2, 2012 Page 1 of 6
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, October 2, 2012 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Ercel Brashear, Chair; Porter Cochran, Sally Pell, John Horne, Roland Peña
and Robert Massad
Commissioners in Training: Scott Rankin
Commissioner(s) Absent: Annette Montgomery
Commissioner(s) in Training Absent:
Staff Present: Jordan Maddox, Principal Planner; Valerie Kreger, Principal Planner; Carla
Benton, Planner; Mike Elabarger, Planner; David Munk, City Engineer; Bridget Chapman, City
Attorney; Skye Masson, Assistant City Manager and Stephanie McNickle, Recording Secretary.
Chair Brashear called the meeting to order at 6:00 p.m. and Commissioner Horne led the Pledge
of Allegiance.
Regular Agenda
8. Public Hearing and possible action on a Rezoning from Office (OF) District to Residential
Single-family (RS) District for 0.2176 acres in the Hart Addition, Berton Tract, located at 601
West 17th Street. REZ-2012-014 (Carla Benton)
Staff report by Carla Benton. The applicant has requested to rezone the property from Office
(OF) District to Residential Single-family (RS) District to provide for one single-family
residence. The property is located at the intersection of 17th Street and Hart Street, west of
Austin Avenue. The lot is currently undeveloped but had previously contained a residential
structure. The surrounding properties are residential and include the Georgetown Housing
Authority development. The intent of the RS District is primarily to provide a location for
single-family residential development.
Chair Brashear invited the applicant to address the Commissioners. The applicant was not
present.
Chair Brashear opened the Public Hearing. No one came forward, the Public Hearing was
closed.
Motion by Commissioner Massad to recommend to the City Council approval of the
Rezoning from Office (OF) District to Residential Single-family (RS) District, as requested.
Second by Commissioner Pell. Approved. (6-0)
Attachment number 6 \nPage 1 of 1
Item # H
Ordinance Number: _____________
Description: Hart Addition, Berton Tract Page 1 of 2
Date Approved: November 13, 2012 Exhibits A & B Attached
ORDINANCE NO. _______
An Ordinance of the City Council of the City of Georgetown, Texas,
amending part of the Official Zoning Map to rezone .02176 acres in the
Hart Addition, Berton Tract from the Office (OF) District to the Residential
Single-family (RS) 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"):
0.2176 acres of the Hart Addition, Berton Tract, as recorded in Volume 88, Page 640
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 2, 2012, 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 23, 2012, 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 from Office (OF) District to Residential Single-family (RS)
Attachment number 7 \nPage 1 of 2
Item # H
Ordinance Number: _____________
Description: Hart Addition, Berton Tract Page 2 of 2
Date Approved: November 13, 2012 Exhibits A & B Attached
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 and be in full force and effect on the date of
adoption by the City Council.
APPROVED on First Reading on the 23rd day of October, 2012.
APPROVED AND ADOPTED on Second Reading on the 13th day of November, 2012.
THE CITY OF GEORGETOWN: ATTEST:
______________________ _________________________
Jessica Brettle George Garver
City Secretary Mayor
APPROVED AS TO FORM:
______________________
Bridget Chapman
Acting City Attorney
Attachment number 7 \nPage 2 of 2
Item # H
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City of Georgetown, Texas
October 23, 2012
SUBJECT:
Public Hearingand First Reading of an Ordinance for the Public Safety Plan Element of the 2030
Comprehensive Plan -- Robert Fite, Fire Chief' Wayne Nero, Police Chief and Jordan Maddox, Principal
Planner (action required)
ITEM SUMMARY:
The Georgetown City Charter requires that the City adopt a comprehensive planning document containing
defined elements. Of the 14 stated elements, Public Safety is one of the required plans, which also includes
Transportation, Utilities, Land Use, Economic Development, etc. City staff has been working to complete the
Charter directive by working on some of these outstanding plan elements internally. The Public Safety Plan
was developed internally by Police, Fire, and Planning staff with the intent of setting goals for continuing
achievement and excellence in this particular realm of citizen services.
The Public Safety Plan encompasses all aspects of public safety for the City of Georgetown and is a broad
overview of the departments' aspirations for future service goals. This plan will be the central public safety
visioning document from which current and future leadership of the Fire and Police departments can define
short-term goals, implement new programs, guide budgetary planning, anticipate future facilities and staff
needs, and help set the tone for departmental expectations. Like the other comprehensive plan elements
previously adopted by City Council, the adoption of this plan does not create new expenditures or programs;
it is merely a planning document that establishes broad goals and objectives that will assist in defining future
implementation steps.
The Georgetown 2030 Comprehensive Plan requires that all Charter-required elements receive a public
hearing at a board or commission. Most of these elements correspond naturally with an established citizen
board; the public safety plan did not. The City's General Government and Finance Commnittee (GGAF) was
the board that staff felt was the most appropriate existing board to consider this document, hold a public
hearing and make a recommendation to City Council.
At the August 29, 2012, regular meeting, the GGAF members unanimously recommended the plan, while
expressing some concern that the document contained few details and seemed more of a marketing tool than
a planning document. Staff explained that the 2030 Plan elements often are more of an overview or executive
summary, with separate implementation documents approved more frequently. The Chiefs feel that
this document represents the first step in a long-term implementation strategy and that it is crucial for the
Council to express a long-term vision and basic principles for public safety and then allow leadership to
develop tactical plans accordingly. Some slight adjustments were made to the document following the GGAF
meeting to address their concern.
Staff recommends approval of the Public Safety Plan Element
FINANCIAL IMPACT:
None at this time.
SUBMITTED BY:
Jordan Maddox, Principal Planner
ATTACHMENTS:
Ordinance
Public Safety Plan Cover Memo
Item # I
Ordinance Number: ____________ Page 1 of 2
Description: Public Safety Element
Date Approved: 11-13-2012
ORDINANCE NO. ____________
An Ordinance of the City Council of the City of Georgetown, Texas, Adopting
the 2030 Comprehensive Plan: Public Safety Element in accordance with
Chapter 1.08 of the Georgetown City Charter and Functional Elements Thereof
and amending Chapter 1.12.: Georgetown Comprehensive Plan of the Code of
Ordinances; repealing conflicting ordinances and resolutions; including a
severability clause; and establishing an effective date.
Whereas, the City Charter of the City of Georgetown was amended by vote of the people
in April 1986 such that comprehensive planning was established as a continuous and ongoing
governmental function; and
Whereas, Ordinance Number 2008-07 did amend Chapter 1.12 Georgetown
Comprehensive Plan in the Code of Ordinances of the City of Georgetown defining the
Comprehensive Plan and elements adopted thereof; and
Whereas, the City values the ongoing function of comprehensive planning and strives to
complete the Charter directive of comprehensive plan elements; and
Whereas, public safety is a vital component of the City’s long-range planning effort; and
Whereas, the Public Safety Plan Element is a visioning document for public safety
departments of the City in the future to develop short-term strategic plans, budgetary
programming, and any other public safety planning tools, as necessary; and
Whereas, the General Government and Finance Committee (GGAF) met to discuss and
hold a public hearing on the proposed 2030 Comprehensive Plan: Public Safety Element; and
Whereas, the GGAF committee did recommend to City Council approval of the draft
2030 Comprehensive Plan: Public Safety Element, on August 29, 2012.
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 provisions of the 2030 Comprehensive Plan.
Section 2. Chapter 1.12, Georgetown Comprehensive Plan, of the Code of Ordinances of
the City of Georgetown is hereby amended as follows:
Attachment number 1 \nPage 1 of 2
Item # I
Ordinance Number: ____________ Page 2 of 2
Description: Public Safety Element
Date Approved: 11-13-2012
Sec. 1.12.101. Functional public safety plan adopted.
In accordance with Chapter 1.08, Subsection 2 of the City Charter, the City Council of the
City has adopted that certain document entitled “2030 Comprehensive Plan: Public Safety
Element” for the purpose of directing the City Council, staff, and/or commissions in
rendering actions and resolutions relating to the utilization of all of the available resources
within the City and its planning area for the purpose of developing and maintaining first-rate
public safety services and institutions.
Section 3. The 2030 Comprehensive Plan: Public Safety Element, attached as Exhibit A, shall
be implemented in accordance with the Administrative procedures of the 2030 Comprehensive
Plan, consistent with state law, and other City codes and ordinances.
Section 4. All future ordinances of the City implementing elements of the 2030
Comprehensive Plan: Public Safety Element shall be in conformance with the adopted 2030
Comprehensive Plan: Public Safety Element.
Section 5. 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 6. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 7. This ordinance shall become effective in accordance with the provisions of the
Charter of the City of Georgetown.
APPROVED on First Reading on the 23rd day of October, 2012.
APPROVED AND ADOPTED on Second Reading on the 13th day of November, 2012.
ATTEST: THE CITY OF GEORGETOWN:
_________________________________ _________________________________
Jessica Brettle By: George Garver
City Secretary Mayor
APPROVED AS TO FORM:
_________________________________
Bridget Chapman
Acting City Attorney
Attachment number 1 \nPage 2 of 2
Item # I
1
Public Safety
City of Georgetown 2030 Comprehensive Plan
Public Safety
Attachment number 2 \nPage 1 of 5
Item # I
2
City of Georgetown 2030 Comprehensive Plan
Introduction
The City of Georgetown, Texas is one of
the safest and well protected communities of
its size in the State of Texas. The Georgetown
community expects public safety service delivery
to be proactive, responsive, and innovative.
Citizens should expect not only a timely and
eff ective response during a crisis, but also proven
professionals who will provide the knowledgeable
guidance and considerate intervention to improve
the quality of life in our homes, businesses,
schools and public spaces on a daily basis. The
vision of Georgetown Public Safety is to be the
standard.
Georgetown’s location along the Interstate
Highway 35 corridor in the northern edge of the
Austin Metropolitan Statistical Area promises
to provide the stimulus for continued growth
throughout the life of the 2030 Comprehensive
Plan. This growth will aff ect the resources
required to provide the desired level of public
safety response and protection. Georgetown
Public Safety will strive to maintain adequate
personnel and encourage innovative approaches
to emergency services through research,
contemporary training, and strategic planning
that yield the most eff ective and effi cient use of
existing staffi ng, resources, and facilities.
The Public Safety planning element to The
City of Georgetown 2030 Comprehensive Plan
outlines four long term strategic priorities:
1. Enhancing public safety
2. Organizational development,
3. Advancing teamwork and partnerships
4. Emergency management
Implementation stratagems will be developed
through internal strategic plans within the
respective divisions.
Priority I
Enhance Public Safety
A goal of any public safety entity is to enhance
the level of safety and protection provided to
their citizenry. In meeting those challenges,
Georgetown Public Safety will utilize innovative
and contemporary strategies that include
preventive, proactive, and responsive measures.
Police Services
Georgetown Police Services will seek to
reduce the incidence of crime through the analysis
of criminal trends, the eff ective allocation of
staffi ng, a well-trained and equipped workforce,
and deliberate public education. The Police
Department also endeavors to reduce and abate
the fear of crime by seeking fi rst to understand
community concerns through enhanced interaction
in the community, providing current and timely
information on emerging criminal trends and
activities to stakeholders, and educating citizens
in methods to reduce their vulnerability to crime.
The Police Department will also work to dispel
misperceptions related to crime and safety.
Improved traffi c safety is an additional goal
of the Police Department. Traditional enforcement
eff orts, complimented by well-planned educational
programs targeting inexperienced drivers, and
programs targeting aging drivers are planned to
enhance motorist safety.
Fire Services
Georgetown Fire Services seeks to reduce
property loss from fi re and disasters through the
adherence to modern response principals and
strategic planning. Those strategies will limit
response times to within national standards
based on population densities, national consensus
standards, and the adopted deployment study.
Innovative programs designed to prevent fi res
through fi re code enforcement, community-
based building standards, and aggressive public
education will further reduce fi re and disaster
losses and strengthen public safety.
Attachment number 2 \nPage 2 of 5
Item # I
3
Public Safety
Priority II
Organizational Development
Public safety theory, practices, and technology
evolve continually. To achieve and retain a
vibrant and well trained response force, especially
in positions of leadership, the Georgetown
Police and Fire Departments are committ ed to
organizational and leadership development.
Police Services
Georgetown Police Services will build
and develop leadership at all levels, while
implementing higher standards of performance
and conduct. Through capability-based planning,
focus will be concentrated on three critical areas:
increasing operational knowledge, enhancing
interpersonal communication skills, and
developing and maintaining skills and abilities
related to technology, weapons, and tactics. A
commitment will be made to recruiting and
retaining the most competitive employees, as well
as training and developing them to reach their
fullest potential.
Fire Services
Georgetown Fire Services will recruit nation-
wide to att ract the best applicants, while being
progressive in retention practices to keep the most
skilled and qualifi ed employees. Policies and
procedures will refl ect adherence to best practices
related to fi refi ghter safety, rescue tactics, and
apparatus purchasing.
Increased resources will be committ ed for
leadership training for fi re offi cers and succession
planning for future leadership will be established.
Development of a regional training complex in
support of those initiatives will be planned and
developed.
Attachment number 2 \nPage 3 of 5
Item # I
4
City of Georgetown 2030 Comprehensive Plan
Priority III
Advance Teamwork and
Partnerships
No public safety agency can achieve successful
outcomes without the partnership of the community
they serve and the help of sister organizations
willing to aid when resources are taxed beyond
their capacity. Georgetown Public Safety will lead
collaboration with intra-organizational departments,
strategically identifi ed community stakeholders, as
well as other regional partners in order to ensure
desired outcomes are achieved.
Police Services
Georgetown Police Services will enhance the
public trust and strengthen relationships through
proactively engaging stakeholders in the community
to include: neighborhoods, businesses, youth, the
Georgetown Independent School District, residents
of Sun City, and the media.
The Police Department will strive to
continuously improve internal communication
strategies which strengthen relationships both
across divisions and units and vertically up and
down the chain of command. Strategies will also be
developed, implemented, and maintained in order
to strengthen external communications, which will
enhance working relationships with other local
partners fostering a stronger and more collaborative
regional environment.
Fire Services
Georgetown Fire Services will proactively
partner with the State of Texas to increase
readiness for an all hazards response. The Fire
Department will seek to strengthen relationships
in all of Williamson County Emergency
Responders to facilitate mutual aid and auto aid
agreements. The Fire Department will be a leader
in regional fi re service education and training.
Priority IV
Emergency Management
Georgetown Public Safety will strive to
develop comprehensive disaster response,
mitigation, and recovery plans for both natural
and manmade disasters that address all levels of
City government.
Response protocols and the Emergency
Operations Plan will be periodically reviewed
and updated to remain contemporary with best
practices. The overall mission of Emergency
Management is to reduce the vulnerability
exposure to all hazards and to maintain a
functional state of readiness with training, staffi ng,
and a modern Emergency Operations Center.
Attachment number 2 \nPage 4 of 5
Item # I
5
Challenges Ahead
A rapidly growing population will create challenges for public safety. Resources will become
stretched as the demand for services increase. Careful assessment, innovative approaches to service
delivery, incorporation of viable emerging technologies, and strategic planning will lead our eff orts to
properly allocate staffi ng, direct resources, and ensure adequate facilities and training resources.
Public Safety Element
Attachment number 2 \nPage 5 of 5
Item # I
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Public Hearing and First Reading of an Ordinance Rezoning Reata East, Block A, Lots 1 and 2 (0.634
acres) from the Multifamily (MF) District to Two-family (TF) District, located at 3000 and 3002 Whisper
Oaks Lane -- Mike Elabarger, Planner III and Elizabeth Cook, Acting Planning Director (action required)
ITEM SUMMARY:
Background:
The applicant seeks to rezone the property from Multifamily (MF) to the Two-Family (TF) District in order
to develop a two-family use (one structure with two dwellings units) on each platted lot. The subject
properties were platted in 1984, and annexed into the City in 1987. The lots were rezoned in 1988 from
Agriculture (AG) to the RM-2 Dense Multifamily Residential district. This zoning designation was then
changed to the Multifamily (MF) District upon adoption of the Unified Development Code (UDC) in 2003,
as described in Table 1.04.040 of the UDC.
PublicComment:
To date, there has been no public comment made on this application, including at the Planning and Zoning
Commission meeting on October 2, 2012.
Planning and Zoning Commission Review/Recommendation:
On October 2, 2012, the Planning and Zoning Commission, with a 6-0 vote, recommended to the City
Council approval of the rezoning from the Multifamily (MF) District to Two-family (TF) District as
requested.
Staff Recommendation:
Staff recommends approval of the requested rezoning from the Multifamily (MF) District to Two-family
(TF) District as requested for Lots 1 and 2 of Block A of the Reata East subdivision.
FINANCIAL IMPACT:
No financial impact of this request was studied.
SUBMITTED BY:
Mike Elabarger, Planner III and Elizabeth Cook, Acting Planning Director
ATTACHMENTS:
Staff Report
Exhibit 1 - Location Map
Exhibit 2 - Future Land Use/Transportation Map
Exhibit 3 - Existing Zoning Map
Exhibit 4 - Aerial Map
Ordinance Exhibit A - Location Map
Ordinance Exhibit B - Legal Description
Ordinance
Cover Memo
Item # J
Georgetown Planning and Development Department Staff Report
3000-3002 Whisper Oaks Lane Rezoning Page 1 of 5
Report Date: September 27, 2012
File No: REZ-2012-012
Project Planner: Mike Elabarger, Planner III
Item Details
Project Name: 3000-3002 Whisper Oaks Lane
Location: 3000-3002 Whisper Oaks Lane, southwest corner of intersection with
Northwest Boulevard. (See Exhibit 1)
Total Acreage: 0.634 acres
Legal Description: Reata East, Block A, Lots 1 and 2
Applicant: Bruce Middleton
Property Owner: Bruce Middleton, Kelly Quick
Contact: Bruce Middleton
Existing Use: Vacant
Existing Zoning: Multifamily (MF) (per Zoning Ordinance 88-0277)
Proposed Zoning: Two-family (TF)
Future Land Use: Modern Density Residential (EC)
Growth Tier: Tier 1A (Developed/Re-developing Growth Area)
Overview of Applicant’s Request
The applicant seeks to rezone the property from Multifamily (MF) to the Two-Family (TF)
District in order to develop a two-family use (one structure with two dwellings units) on each
platted lot.
Site Information
Property History:
The subject lots are part of a 24.19 acre subdivision in the David Wright Survey (Abstract No.
13) and Nicholas Porter Survey (Abstract No. 497), named Reata East, that was recorded with
Williamson County on July 18, 1984. This entire subdivision, along with several other
subdivisions, was annexed into the City in 1987. These lots were rezoned in 1988 from
Agriculture (AG) to the RM-2 Dense Multifamily Residential district. This zoning designation
was changed to the Multifamily (MF) District upon adoption of the Unified Development
Code (UDC) in 2003, as described in Table 1.04.040 of the UDC. The property has a Future
Land Use designation of Moderate Density Residential (MDR).
Attachment number 1 \nPage 1 of 5
Item # J
Planning & Development Staff Report
3000-3002 Whisper Oaks Lane Rezoning Page 2 of 5
Location:
The property is located on the southwest corner of Northwest Boulevard and Whisper Oaks
Lane. See Exhibit 1 – Location Map.
Physical Characteristics:
The property is essentially two identical square lots, with Lot 2 (3000 Whisper Oaks Lane)
being the corner lot. There is a treeline along the side (rear) of each lot, and per the property
survey submitted by the Applicant, Lot 1 has a single 15” oak tree on it, and Lot 2 contains a
cluster of juniper trees and an 8” oak tree along Whisper Oaks Lane, and a 20” oak tree on the
east side fronting to Northwest Boulevard. See Exhibit 4 – Aerial Map.
Surrounding Properties:
The property is surrounded by developed residential housing, most of which is multifamily in
nature; see Exhibit 4 – Aerial map. Directly across Whisper Oaks Lane are two properties
developed with four unit structures; just north of theses is approximately five (5) acres of land
zoned Multifamily that is currently vacant. Further north of that, forming the corner
intersection of Lakeway and Northwest Boulevards, is almost five (5) acres of undeveloped
Attachment number 1 \nPage 2 of 5
Item # J
Planning & Development Staff Report
3000-3002 Whisper Oaks Lane Rezoning Page 3 of 5
land zoned Local Commercial (C-1). See the zoning map excerpt above, and chart below.
Utilities
All areas of the City and ETJ are placed within a Growth Tier policy category that identifies
where to stage contiguous, compact, and incremental growth over a period of the ne xt two
decades or more. These Tiers dictate where the delivery of municipal services may be
focused, and thus, where growth is desired to occur . This property is in Tier 1A, which
comprises areas within the current city limits where some infrastructure systems are in place,
can be economically provided and/or will be proactively extended, and where consolidation
of the city’s development pattern is encouraged over the next 10 years through the City’s
Capital Improvement Program (CIP).
The property can and will be served by City water, wastewater, and electric utilities. The
applicant was waived from having to submit a Utility Evaluation from the Georgetown Utility
Systems (GUS) regarding water and wastewater service availability.
Transportation
The properties are already addressed on Whisper Oak Lane, and it would be anticipated that
each lot will have a driveway entrance onto that street. Whisper Oaks Lane connects to
Lakeway Boulevard to the northwest, and to Northwest Boulevard to the east. Lakeway goes
south to Williams Drive, and north around the airport to an interchange with IH -35 (and
becomes the Northeast Inner Loop on the east side of the interstate). Northwest Boulevard
begins at the southbound frontage road of IH-35 and continues northwest past the subject site
to its’ terminus at Serenada Drive, where it becomes East Sequoia Trail, a local residential
street.
2030 Comprehensive Plan
The property is designated with the Moderate Density Residential (MDR) future land use
category; see Exhibit 2. As noted under the Utility section, the 2030 Plan Growth Tier Map
designation is Tier 1A (Developed, Redeveloping Growth Area), which is the portion of the
City where infrastructure systems are in place or planned for immediate installation with
development.
Existing Zoning District
The subject properties were annexed into the City in 1987, per Ordinance 87-0579. The lots
Location Zoning Future Land Use Existing Use
North MF - Multifamily Moderate Density Residential Residential
South MF - Multifamily Moderate Density Residential Residential
East MF - Multifamily Moderate Density Residential Residential
West MF - Multifamily Moderate Density Residential Residential
Attachment number 1 \nPage 3 of 5
Item # J
Planning & Development Staff Report
3000-3002 Whisper Oaks Lane Rezoning Page 4 of 5
were rezoned in 1988, per Ordinance 88-0277, from Agriculture (AG) to the RM-2 Dense
Multifamily Residential district. This zoning designation was changed to the Multifamily
(MF) District, upon adoption of the Unified Development Code (UDC) in 2003, per Table
1.04.040 of the UDC.
Proposed Zoning District
The applicant seeks to rezone the property to the Two-Family (TF) district, which is described
in the Unified Development Code (UDC) as:
The Two Family District, TF, is intended to provide a location for Two-family dwellings that are
located on one lot. The TF District also includes Single-family attached and Single-family detached
development and associated uses. Two-family and Single-family dwellings are permitted on
individual lots, but the lot, dimensional and design standards are intended for two dwellings in one
structure on a single lot. The TF District is a moderate density District that may be used to separate
residential area zoned RE, RL, or RS from higher density residential and commercial uses.
As stated, permitted uses include single-family attached and detached residential in addition
to the Two-family. Section 6.03.060 of the UDC contains the lot and dimensional standards
that will govern development in this District. In particular, a maximum of two units per
structure may be erected on a single lot in this District, building height is capped at 35’, and
impervious coverage is limited to 45%. The Reata East subdivision plat established building
line setbacks of 25’ front / 10’ rear / 7.5’ side, which are greater than or equal to the current
UDC setbacks of 20’ front / 10’ rear / 6’ side. Lot 2, the corner lot, has a platted side yard
setback adjacent Northwestern Boulevard of 25’.
Future Application(s)
The applicant will submit building permits to the Department of Permits and Inspections for
residential construction on the lots. Certificates of Occupancy will be required for each new
dwelling unit created.
STAFF ANALYSIS
Staff reviewed and analyzed this application from the following points-of-view, resulting in a
position of support for the application:
Surrounding Land Use and Zoning
The area around the subject lots is all zoned Multifamily and developed with moderate
density residential uses, which is consistent with the proposal for rezoning and development.
Utilities
As noted, the lots are ready to be served by City water, wastewater, and electric utilities.
Findings for Approval
The rezoning request can be supported by Staff for the following reasons:
Attachment number 1 \nPage 4 of 5
Item # J
Planning & Development Staff Report
3000-3002 Whisper Oaks Lane Rezoning Page 5 of 5
1. Future Land Use Map – The proposed Two-family zoning fulfills the Moderate Density
Residential land use.
2. Adjacent Zoning Districts – Surrounding zoning is Multifamily, which is compatible with
the slightly less intense district of the proposed Two-family.
3. Current and Future Use of Property– The individual lots are too small to develop
individually with a multifamily use under the current UDC standards, and are further
encumbered by the platted setbacks of the subdivision. Development as a single structure
with two dwellings will provide a return on investment and should be an appealing form
of development on this prominent corner.
Though done in the past, the City no longer considers or approves the “conditional” rezoning
of properties, and therefore, cannot rezone the property for any specific use(s), or concept
plan, presented by an applicant. Staff must consider the impact of all the permitted uses in the
requested district (TF) when evaluating a rezoning request as well as all site development
possibilities.
Inter Departmental, Governmental and Agency Comments
None
Public Comments
A total of fifteen (15’) notices were sent out to the owners of property within 200 feet of the
subject property. Public notice was posted in the Williamson County Sun newspaper on
September 16, 2012. As of the day of this report, there have been no comments submitted to
staff.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use / Overall Transportation Plan Map
Exhibit 3 – Zoning Map
Exhibit 4 – Aerial Map
Meetings Schedule
October 2, 2012 – Planning and Zoning Commission
October 23, 2012 – City Council First Reading (pending)
November 13, 2012 – City Council Second Reading (pending)
Attachment number 1 \nPage 5 of 5
Item # J
CITY OF
GEORGETOWN
GeorgetownETJ
WHISPER OAKS LN
NORTHWEST BLVD
REZ-2 012-012
0 140 280Feet
Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯
LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2012-012
Attachment number 2 \nPage 1 of 1
Item # J
CITY OF
GEORGETOWN
GeorgetownETJ
WHISPER OAKS LN
NORTHWEST BLVD
REZ-2 012-012
0 130 260
Feet
Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯
LegendSiteParcelsCity LimitsGeorgetown ETJ
Legend
Thoroughfare
EC
EF
EMA
EMIA
ERF
PC
PF
PFR
PMA
PMIA
PR
Future Land Use
Institutional
Regional Com mercial
Community Com mercial
Ag / Rural Residential
Employment Center
HIgh Density Residential
Low Density Residential
Mining
Mixed Use Com munity
Mixed Use Neighborhood Center
Moderate Density Residential
Open Space
Specialty Mixed Use Area
Future Land Use / Overall Transportation Plan
Exhibit #2REZ-2012-012
Attachment number 3 \nPage 1 of 1
Item # J
CITY OF
GEORGETOWN
REZ-2 012-012
NORTHWEST BLVD
WHISPER OAKS LN
0 130 260
Feet
Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯
REZ-2012-012 LegendSiteParcelsCity LimitsGeorgetown ETJ
Zoning Information
Exhibit #3
Attachment number 4 \nPage 1 of 1
Item # J
CITY OF
GEORGETOWN
REZ-2012-012
NORTHWEST BLVD
WHISPER OAKS LN
0 130 260Feet
Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯
LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #4REZ-2012-012
Attachment number 5 \nPage 1 of 1
Item # J
Ordinance Number: _____________
Description: Reata East, Blk A, Lots 1&2 Page 1 of 2
Date Approved: ____, __, ______ Exhibits A & B Attached
ORDINANCE NO. _______
An Ordinance of the City Council of the City of Georgetown, Texas,
amending part of the Official Zoning Map to rezone Lots 1 and 2, Block A,
of the Reata East_subdivision from the Multifamily (MF) District to the
Two-family (TF) 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"):
Lots 1 and 2, Block A, of the Reata East_subdivision, as recorded in Document
Number 1984024497 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 2, 2012, 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 23, 2012, 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 from the Multifamily District (MF) to the Two-family District (TF),
Attachment number 6 \nPage 1 of 2
Item # J
Ordinance Number: _____________
Description: Reata East, Blk A, Lots 1&2 Page 2 of 2
Date Approved: ____, __, ______ Exhibits A & B Attached
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 and be in full force and effect on the date of
adoption by the City Council.
APPROVED on First Reading on the 23rd day of October, 2012.
APPROVED AND ADOPTED on Second Reading on the 13th day of November, 2012.
THE CITY OF GEORGETOWN: ATTEST:
______________________ _________________________
Jessica Brettle George Garver
City Secretary Mayor
APPROVED AS TO FORM:
______________________
Bridget Chapman
Acting City Attorney
Attachment number 6 \nPage 2 of 2
Item # J
CITY OF
GEORGETOWN
GeorgetownETJ
WHISPER OAKS LN
NORTHWEST BLVD
REZ-2 012-012
0 140 280Feet
Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯
LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2012-012
Attachment number 7 \nPage 1 of 1
Item # J
WHISPER OAKS LANE
GEORGERTOWN, TEXAS, 78628
BEING LOT 1 AND LOT 2, BLOCK A, OF REATA EAST, A SUBDIVISION IN WILLIAMSON COUNTY TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN CABINET F, SLIDES 90-91, OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS;
BEGINNING AT A POINT FOR THE SOUTHERLY CORNER OF LOT 2, BLOCK A, OF SAID REATA EAST
SUBDIVISION, FROM WHICH A FOUND ½ INCH IRON ROD BEARS, SOUTH 57 DEGREES 07 MINUTES EAST,
A DISTANCE OF 5.8 FEET, SAID POINT ALSO BEING IN THE NORTHEASTERLY LINE OF NORTHWEST
BOULEVARD (A 70’ RIGHT OF WAY WIDTH)
THENCE NORTH 57 DEGREES 58 MINUTES 00 SECONDS WEST, DEPARTING NORTHWEST BOULEVARD
AND GENERALLY FOLLOWING A WIRE FENCE, AND PASSING AT A DISTANCE OF 120.00 FEET, THE
WESTERLY CORNER OF SAID LOT 2, COMMON WITH THE SOUTHERLY CORNER OF LOT 1, AND
CONTINUING ALONG A TOTAL DISTANCE OF 231.10 FEET TO THE WESTERLY CORNER OF SAID LOT 1,
FROM WHICH A FOUND ½ INCH IRON ROD BEARS, SOUTH 37 DEGREES 06 MINUTES EAST, A DISTANCE
OF 3.5 FEET;
THENCE NORTH 32 DEGREES 02 MINUTES 00 SECONDS EAST, A DISTANCE OF 120.00 FEET TO THE
NORTHERLY CORNER OF SAID LOT 1, AND BEING ON THE SOUTWESTERLY LINE OF WHISPER OAKS LANE,
(A 50’ ROW WIDTH);
THENCE SOUTH 57 DEGREES 58 MINUTES 00 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID
WHISPER OAKS LANE, AND PASSING AT A DISTANCE OF 111.10 FEET, THE EASTERLY CORNER OF SAID
LOT 1 COMMON WITH NORTHERLY CORNER OF SAID LOT 2, AND CONTINUING ALONG A TOTAL
DISTANCE OF 210.93 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 20.00 FEET.
THENCE ALONG SAID TANGENT CURVE TO THE RIGHT, HAVING A CHORD BEARING AND DISTANCE OF,
SOUTH 13 DEGREES 11 MINUTES 24 SECONDS EAST, 28.17 FEET, AN ARC LENGTH OF 31.26 FEET, TO A
POINT FOR CORNER AND TO THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 23.00 FEET;
THENCE ALONG SAID NON TANGENT CURVE TO THE RIGHT, HAVING A CHORD BEARING AND DISTANCE
OF, SOUTH 27 DEGREES 49 MINUTES 34 SECONDS WEST, 5.69 FEET, AND AN ARC LENGTH OF 5.71 FEET
TO A POINT FOR CORNER;
THENCE SOUTH 32 DEGREES 10 MINUTES 53 SECONDS WEST, AND ALONG THE AFOREMENTIONED
NORTHWEST BOULEVARD, A DISTANCE OF 94.48 FEET TO THE PLACE OF BEGINNING AND CONTAINING
27,655.138 SQUARE FEET OR 0.634 ACRES OF LAND
Attachment number 8 \nPage 1 of 2
Item # J
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J
City of Georgetown, Texas
October 23, 2012
SUBJECT:
First Reading of an Ordinance authorizing the issuance of 2012A General Obligation bonds -- Micki
Rundell, Chief Financial Officer (action required)
ITEM SUMMARY:
Ordinance Authorizing the Issuance of City of Georgetown, Texas General Obligation Bonds, Series 2012A;
Levying an Ad Valorem Tax in Support of the Bonds; Approving a Paying Agent/Registrar Agreement, an
Official Statement and Other Related Documents; Awarding the Sale of the Bonds and Authorizing Other
Matters Relating to the Bonds.
This is the second bond issue related to the May 2011 authorization of $29.5 million for a new Public Safety
Operations and Training Center. The total amount of bonds issued is $12,500,000 including issuance costs
which will fund the design and begin construction of the project. Additional bond issues will be made over
the next few years to fund the completion of the facility.
COMMENTS
Actual interest rates for this debt issue will not be determined until just prior to the reading of the ordinance
at the Council meeting on October 23, 2012.
Please note all ordinances will be approved and effective on First Reading in accordance with Section
1201.028, Texas Government Code.
FINANCIAL IMPACT:
The estimated tax impact of this issue is $0.030 based on the 2012 assessed valuation and will be included in
the tax rate for 2013.
When approved by the voters, the total tax impact for the facility was estimated above $0.05. There is no
“contract with the voters” for the 2011 authorization. Once the final costs of the facility have been identified,
the City may be required to issue additional bonds (up to the maximum voter authorization of $29.5M) to
complete the project. Every effort will be made to minimize the total related tax impact for the project to
$0.05 or less
SUBMITTED BY:
ATTACHMENTS:
Proposed Ordinance
Agenda Memo
Cover Memo
Item # K
GTOWN\GO\12A: Ordinance
ORDINANCE NO. 2012-____
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF GEORGETOWN,
TEXAS GENERAL OBLIGATION BONDS, SERIES 2012A; LEVYING AN AD
VALOREM TAX IN SUPPORT OF THE BONDS; APPROVING A PAYING
AGENT/REGISTRAR AGREEMENT, AN OFFICIAL STATEMENT AND OTHER
RELATED DOCUMENTS; AWARDING THE SALE OF THE BONDS AND
AUTHORIZING OTHER MATTERS RELATING TO THE BONDS
Adopted October 23, 2012
Attachment number 1 \nPage 1 of 35
Item # K
GTOWN\GO\12A: Ordinance i
TABLE OF CONTENTS
Page
Preamble ..........................................................................................................................................1
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS AND
VISION STATEMENT ...........................................................................................2
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS AND
MATURITIES OF BONDS .....................................................................................2
Section 3. INTEREST ...............................................................................................................2
Section 4. CHARACTERISTICS OF THE BONDS ................................................................3
Section 5. FORM OF BOND ....................................................................................................5
Section 6. TAX LEVY ............................................................................................................14
Section 7. DEFEASANCE OF BONDS .................................................................................15
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS......16
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS;
BOND COUNSEL'S OPINION; CUSIP NUMBERS AND
CONTINGENT INSURANCE PROVISION, IF OBTAINED.............................17
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON
THE BONDS .........................................................................................................17
Section 11. SALE OF BONDS .................................................................................................20
Section 12. DEFAULT AND REMEDIES ...............................................................................20
Section 13. APPROVAL OF PAYING AGENT/REGISTRAR AGREEMENT,
LETTER OF REPRESENTATIONS AND OFFICIAL STATEMENT ...............21
Section 14. CONTINUING DISCLOSURE UNDERTAKING ...............................................22
Section 15. AMENDMENT OF ORDINANCE .......................................................................25
Section 16. NO RECOURSE AGAINST CITY OFFICIALS ..................................................26
Section 17. FURTHER ACTIONS ...........................................................................................26
Attachment number 1 \nPage 2 of 35
Item # K
GTOWN\GO\12A: Ordinance ii
Section 18. INTERPRETATIONS ...........................................................................................27
Section 19. INCONSISTENT PROVISIONS ..........................................................................27
Section 20. INTERESTED PARTIES ......................................................................................27
Section 21. INCORPORATION OF RECITALS .....................................................................27
Section 22. SEVERABILITY ...................................................................................................27
Section 23. REPEALER ...........................................................................................................27
Section 24. EFFECTIVE DATE ...............................................................................................28
Section 25. PERFECTION .......................................................................................................28
Section 26. PAYMENT OF ATTORNEY GENERAL FEE ....................................................28
EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT .............................................. A-1
EXHIBIT B DESCRIPTION OF ANNUAL FINANCIAL INFORMATION ........................B-1
Attachment number 1 \nPage 3 of 35
Item # K
GTOWN\GO\12A: Ordinance
ORDINANCE NO. 2012-___
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF GEORGETOWN,
TEXAS GENERAL OBLIGATION BONDS, SERIES 2012A; LEVYING AN AD
VALOREM TAX IN SUPPORT OF THE BONDS; APPROVING A PAYING
AGENT/REGISTRAR AGREEMENT, AN OFFICIAL STATEMENT AND OTHER
RELATED DOCUMENTS; AWARDING THE SALE OF THE BONDS AND
AUTHORIZING OTHER MATTERS RELATING TO THE BONDS
THE STATE OF TEXAS '
COUNTY OF WILLIAMSON '
CITY OF GEORGETOWN '
WHEREAS, at an election held within the City of Georgetown, Texas (the "City") on
May 14, 2011 the voters of the City authorized the City Council of the City to issue in one or
more series the bonds set forth in the proposition set forth below:
PROPOSITION
Shall the City Council of the City of Georgetown, Texas, be authorized to issue
the bonds of the City, in one or more series or issues, in the aggregate principal
amount of $29,500,000 with the bonds of each such series or issues, respectively,
to mature serially within not to exceed twenty-five years from their date, and to be
sold at such prices and bear interest at such rates, as shall be determined within
the discretion of the City Council, in accordance with law at the time of issuance,
for the purpose of constructing, acquiring, improving, and equipping Public
Safety Facilities for police and fire protection including operations and training
facilities, related infrastructure, parking and other related costs; and shall said
City Council be authorized to levy and cause to be assessed and collected annual
ad valorem taxes on all taxable property in the City in the amount sufficient to
pay the annual interest on said bonds and provide a sinking fund to pay the bonds
at maturity?
WHEREAS, the City Council has previously issued its General Obligation Bonds, Series
2012 in the aggregate principal amount of $12,500,000 to construct, improve and equip public
safety facilities for police and fire protection including operations and training facilities, related
infrastructure, parking and other related costs and to pay the costs associated with the issuance of
the Bonds; and
WHEREAS, the City Council deems it to be in the best interest of the City to issue an
additional $12,500,000 of the Proposition authorization and reserves the right to issue the
remaining $4,500,000 authorized but unissued bonds from the Proposition; and
Attachment number 1 \nPage 4 of 35
Item # K
GTOWN\GO\12A: Ordinance 2
WHEREAS, it is hereby officially found and determined that the meeting at which this
Ordinance was passed was open to the public, and public notice of the time, place and purpose of
the meeting was given, all as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
GEORGETOWN, TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS AND
VISION STATEMENT. (a) Recitals, Amount and Purpose. The recitals set forth in the
preamble hereof are incorporated herein and shall have the same force and effect as if set forth in
this section. The Bond or Bonds of the City are hereby authorized to be issued pursuant to
Chapter 1331, Texas Government Code, as amended and delivered in the aggregate principal
amount of $12,500,000 to construct, improve and equip public safety facilities for police and fire
protection including operations and training facilities, related infrastructure, parking and other
related costs and to pay the costs associated with the issuance of the Bonds as further set forth in
the preamble to this Ordinance.
(b) Vision Statement. The City Council hereby finds that the enactment of this
Ordinance and issuance of the Bonds complies with the Vision Statement of the City.
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS AND
MATURITIES OF BONDS. Each bond issued pursuant to this Ordinance shall be designated:
"CITY OF GEORGETOWN, TEXAS GENERAL OBLIGATION BOND, SERIES
2012A" and initially there shall be issued, sold, and delivered hereunder fully registered bonds,
without interest coupons, dated October 15, 2012, in the respective denominations and principal
amounts hereinafter stated, numbered consecutively from R-1 upward (except the Initial Bond
submitted to the Attorney General of the State of Texas which will be numbered T-1), payable to
the respective initial registered owners thereof (as designated in Section 11 hereof), or to the
registered assignee or assignees of the Bonds or any portion or portions thereof (in each case, the
"Registered Owner"), and the Bonds shall mature and be payable serially on August 15 in each
of the years and in the principal amounts, respectively, as set forth in the following schedule:
YEARS AMOUNTS YEARS AMOUNTS
2013 $420,000 2026 $495,000
2014 325,000 2027 515,000
2015 335,000 2028 535,000
2016 350,000 2029 555,000
2017 360,000 2030 575,000
2018 375,000 2031 595,000
2019 390,000 2032 615,000
2020 400,000 2033 635,000
2021 415,000 2034 660,000
2022 430,000 2035 685,000
2023 445,000 2036 710,000
2024 465,000 2037 735,000
2025 480,000
Attachment number 1 \nPage 5 of 35
Item # K
GTOWN\GO\12A: Ordinance 3
The term "Bonds" as used in this Ordinance shall mean and include collectively the bonds
initially issued and delivered pursuant to this Ordinance and all substitute bonds exchanged
therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and
the term "Bond" shall mean any of the Bonds.
Section 3. INTEREST. The Bonds scheduled to mature during the years,
respectively, set forth below shall bear interest from the dates specified in the FORM OF BOND
set forth in this Ordinance to their respective dates of maturity at the following rates per annum:
YEARS RATES YEARS RATES
2013 2026
2014 2027
2015 2028
2016 2029
2017 2030
2018 2031
2019 2032
2020 2033
2021 2034
2022 2035
2023 2036
2024 2037
2025
Interest shall be payable in the manner provided and on the dates stated in the FORM OF BOND
set forth in this Ordinance.
Section 4. CHARACTERISTICS OF THE BONDS. (a) Registration, Transfer,
Conversion and Exchange; Authentication. The City shall keep or cause to be kept at The Bank
of New York Mellon Trust Company, National Association in Dallas, Texas (the "Paying
Agent/Registrar") books or records for the registration of the transfer, conversion and exchange
of the Bonds (the "Registration Books"), and the City hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
registrations of transfers, conversions and exchanges under such reasonable regulations as the
City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers, conversions and exchanges as herein provided within three days of
presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the
Registration Books the address of the Registered Owner of each Bond to which payments with
respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each
Registered Owner to notify the Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has
been given. The City shall have the right to inspect the Registration Books during regular
business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall
keep the Registration Books confidential and, unless otherwise required by law, shall not permit
their inspection by any other entity. The Paying Agent/Registrar shall make a copy of the
Registration Books available in the State of Texas. The City shall pay the Paying
Agent/Registrar's standard or customary fees and charges for making such registration, transfer,
Attachment number 1 \nPage 6 of 35
Item # K
GTOWN\GO\12A: Ordinance 4
conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments,
transfers, conversions and exchanges of Bonds shall be made in the manner provided and with
the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall
bear a letter and/or number to distinguish it from each other Bond.
Except as provided in Section 4(c) hereof, an authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the Bond,
and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed.
The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for
conversion and exchange. No additional orders, orders, or resolutions need be passed or adopted
by the governing body of the City or any other body or person so as to accomplish the foregoing
conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall
provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed
herein, and the Bonds shall be of type composition printed on paper with lithographed or steel
engraved borders of customary weight and strength. Pursuant to Chapter 1206, Texas
Government Code, as amended, and particularly Subchapter B thereof, the duty of conversion
and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and,
upon the execution of the Bond, the converted and exchanged Bond shall be valid, incontestable,
and enforceable in the same manner and with the same effect as the Bonds which initially were
issued and delivered pursuant to this Ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The City hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds,
all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the City and the Paying Agent/Registrar with respect to the Bonds, and of all
conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and
for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record
Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of
such interest have been received from the City. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (which shall be 15 days after the Special Record
Date) shall be sent at least five (5) business days prior to the Special Record Date by United
States mail, first-class postage prepaid, to the address of each Registered Owner appearing on the
Registration Books at the close of business on the last business day next preceding the date of
mailing of such notice.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be payable only to the Registered
Owners thereof, (ii) may be transferred and assigned, (iii) may be converted and exchanged for
other Bonds, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and
authenticated, (vi) the principal of and interest on the Bonds shall be payable, and (vii) shall be
administered and the Paying Agent/Registrar and the City shall have certain duties and
responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as
required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially
issued and delivered pursuant to this Ordinance are not required to be, and shall not be,
authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of
Attachment number 1 \nPage 7 of 35
Item # K
GTOWN\GO\12A: Ordinance 5
and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar
shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION BOND, in the form
set forth in the FORM OF BOND.
(d) Substitute Paying Agent/Registrar. The City covenants with the Registered
Owners of the Bonds that at all times while the Bonds are outstanding the City will provide a
competent and legally qualified bank, trust company, financial institution, or other agency to act
as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and
that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its
option, change the Paying Agent/Registrar upon not less than 30 days written notice to the
Paying Agent/Registrar, to be effective at such time which will not disrupt or delay payment on
the next principal or interest payment date after such notice. In the event that the entity at any
time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method)
should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a
competent and legally qualified bank, trust company, financial institution, or other agency to act
as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying
Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the
Registration Books (or a copy thereof), along with all other pertinent books and records relating
to the Bonds, to the new Paying Agent/Registrar designated and appointed by the City. Upon
any change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof
to be sent by the new Paying Agent/Registrar to each Registered Owner of the Bonds, by United
States mail, first-class postage prepaid, which notice also shall give the address of the new
Paying Agent/Registrar. By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a
certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(e) Book-Entry-Only System. The Bonds issued in exchange for the Bonds initially
issued as provided in Section 4(h) shall be issued in the form of a separate single fully registered
Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of The
Depository Trust Company of New York ("DTC") and except as provided in subsection (f)
hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of
DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the
City and the Paying Agent/Registrar shall have no responsibility or obligation to any securities
brokers and dealers, banks, trust companies, clearing corporations and certain other organizations
on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of
securities transactions among DTC participants (the "DTC Participant") or to any person on
behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the
immediately preceding sentence, the City and the Paying Agent/Registrar shall have no
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or
any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
DTC Participant or any other person, other than a Registered Owner, as shown on the
Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC
Participant or any person, other than a Registered Owner, as shown on the Registration Books of
any amount with respect to principal of or interest on the Bonds. Notwithstanding any other
provision of this Ordinance to the contrary, but to the extent permitted by law, the City and the
Attachment number 1 \nPage 8 of 35
Item # K
GTOWN\GO\12A: Ordinance 6
Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each
Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose
of payment of principal of and interest, with respect to such Bond, for the purposes of registering
transfers with respect to such Bond, and for all other purposes of registering transfers with
respect to such Bonds, and for all other purposes whatsoever. The Paying Agent/Registrar shall
pay all principal of and interest on the Bonds only to or upon the order of the respective
Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to payment of principal
of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a
Registered Owner, as shown in the Registration Books, shall receive a Bond evidencing the
obligation of the City to make payments of principal, and interest pursuant to this Ordinance.
Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in
this Ordinance with respect to interest checks being mailed to the registered owner at the close of
business on the Record Date the word "Cede & Co." in this Ordinance shall refer to such new
nominee of DTC.
(f) Successor Securities Depository; Transfer Outside Book-Entry-Only System. In
the event that the City determines to discontinue the book-entry system through DTC or a
successor or DTC determines to discontinue providing its services with respect to the Bond, the
City shall either (i) appoint a successor securities depository, qualified to act as such under
Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC
Participants of the appointment of such successor securities depository and transfer one or more
separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants
of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC
Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no
longer be restricted to being registered in the Registration Books in the name of Cede & Co., as
nominee of DTC, but may be registered in the name of the successor securities depository, or its
nominee, or in whatever name or names the Registered Owner transferring or exchanging Bond
shall designate, in accordance with the provisions of this Ordinance.
(g) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance
to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of
DTC, all payments with respect to principal of, and interest on such Bond and all notices with
respect to such Bond shall be made and given, respectively, in the manner provided in the Letter
of Representations of the City to DTC.
(h) DTC Blanket Letter of Representations. The City confirms execution of a Blanket
Issuer Letter of Representations with DTC establishing the Book-Entry-Only System which will
be utilized with respect to the Bonds.
(i) Cancellation of Initial Bond. On the closing date, one Initial Bond representing
the entire principal amount of the Bonds, payable in stated installments to the order of the
purchaser of the Bonds or its designee set forth in Section 11 of this Ordinance, executed by
manual or facsimile signature of the Mayor or Mayor Pro-tem and City Secretary, approved by
the Attorney General of Texas, and registered and manually signed by the Comptroller of Public
Attachment number 1 \nPage 9 of 35
Item # K
GTOWN\GO\12A: Ordinance 7
Accounts of the State of Texas, will be delivered to such initial purchaser set forth in Section 11
of this Ordinance or its designee. Upon payment for the Initial Bond, the Paying Agent/Registrar
shall cancel the Initial Bond and deliver to DTC on behalf of such purchaser one registered
definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all
the Bonds for such maturity.
Section 5. FORM OF BOND. The form of the Bond, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment, the form of initial Bond
and the form of Registration Certificate of the Comptroller of Public Accounts of the State of
Texas to be attached to the Bonds initially issued and delivered pursuant to this Ordinance, shall
be, respectively, substantially as follows, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance including any reproduction of an
opinion of counsel and information regarding the issuance of any bond insurance policy.
FORM OF BOND
NO. R- UNITED STATES OF AMERICA PRINCIPAL
STATE OF TEXAS AMOUNT
WILLIAMSON COUNTY $__________
CITY OF GEORGETOWN, TEXAS
GENERAL OBLIGATION BOND,
SERIES 2012A
INTEREST RATE
DATE OF BOND MATURITY DATE
CUSIP NO.
October 15, 2012
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, GEORGETOWN, TEXAS (the
"City"), being a political subdivision of the State of Texas, hereby promises to pay to the
Registered Owner set forth above, or registered assigns (hereinafter called the "Registered
Owner") the principal amount set forth above, and to pay interest thereon from October 15, 2012,
on February 15, 2013 and semiannually thereafter on each February 15 and August 15 to the
maturity date specified above, or the date of redemption prior to maturity, at the interest rate per
annum specified above calculated on the basis of a 360-day year of twelve 30-day months;
except that if this Bond is required to be authenticated and the date of its authentication is later
than the first Record Date (hereinafter defined), such principal amount shall bear interest from
the interest payment date next preceding the date of authentication, unless such date of
authentication is after any Record Date but on or before the next following interest payment date,
in which case such principal amount shall bear interest from such next following interest
payment date; provided, however, that if on the date of authentication hereof the interest on the
Bond or Bonds, if any, for which this Bond is being exchanged or converted from is due but has
Attachment number 1 \nPage 10 of 35
Item # K
GTOWN\GO\12A: Ordinance 8
not been paid, then this Bond shall bear interest from the date to which such interest has been
paid in full. Notwithstanding the foregoing, during any period in which ownership of the Bonds
is determined only by a book entry at a securities depository for the Bonds, any payment to the
securities depository, or its nominee or registered assigns, shall be made in accordance with
existing arrangements between the City and the securities depository.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of
the United States of America, without exchange or collection charges. The principal of this
Bond shall be paid to the Registered Owner hereof upon presentation and surrender of this Bond
at maturity or upon the date fixed for its redemption prior to maturity, at The Bank of New York
Mellon Trust Company, N.A., (the "Paying Agent/Registrar") at their office for payment in
Dallas, Texas (the "Designated Payment/Transfer Office"). The payment of interest on this Bond
shall be made by the Paying Agent/Registrar to the Registered Owner hereof on each interest
payment date by check or draft, dated as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the City required by the ordinance
authorizing the issuance of this Bond (the "Ordinance") to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent
by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such
interest payment date, to the Registered Owner hereof, at its address as it appeared on the close
of business on the last business day of the month next preceding each such date (the "Record
Date") on the registration books kept by the Paying Agent/Registrar (the "Registration Books").
In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar,
requested by, and at the risk and expense of, the Registered Owner. In the event of a non-
payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date
for such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
City. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (which shall be 15 days after the Special Record Date) shall be sent at least five business
days prior to the Special Record Date by United States mail, first-class postage prepaid, to the
address of each owner of a Bond appearing on the Registration Books at the close of business on
the last business day next preceding the date of mailing of such notice.
DURING ANY PERIOD in which ownership of the Bonds is determined only by a book
entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity
and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and
bearing such interest rate shall be selected in accordance with the arrangements between the City
and the securities depository.
ANY ACCRUED INTEREST due at maturity as provided herein shall be paid to the
Registered Owner upon presentation and surrender of this Bond for payment at the Designated
Payment/Transfer Office of the Paying Agent/Registrar. The City covenants with the Registered
Owner of this Bond that on or before each payment date for this Bond it will make available to
the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Ordinance, the
amounts required to provide for the payment, in immediately available funds, of all principal of
and interest on the Bonds, when due.
Attachment number 1 \nPage 11 of 35
Item # K
GTOWN\GO\12A: Ordinance 9
IF THE DATE for the payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the
principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the same force and effect as if made on
the original date payment was due.
THIS BOND is one of a series of Bonds dated October 15, 2012, authorized in
accordance with the Constitution and laws of the State of Texas in the principal amount of
$12,500,000 TO CONSTRUCT, IMPROVE AND EQUIP PUBLIC SAFETY FACILITIES
FOR POLICE AND FIRE PROTECTION INCLUDING OPERATIONS AND TRAINING
FACILITIES, RELATED INFRASTRUCTURE, PARKING AND OTHER RELATED
COSTS AND TO PAY THE COSTS ASSOCIATED WITH THE ISSUANCE OF THE
BONDS AS FURTHER SET FORTH IN THIS ORDINANCE.
ON AUGUST 15, 2022, or on any date thereafter, the Bonds of this Series maturing on
and after August 15, 2023 may be redeemed prior to their scheduled maturities, at the option of
the City, with funds derived from any available and lawful source, at par plus accrued interest to
the date fixed for redemption as a whole, or from time to time in part, and, if in part, the
particular maturities to be redeemed shall be selected and designated by the City and if less than
all of a maturity is to be redeemed, the Paying Agent/Registrar shall determine by lot the Bonds,
or a portion thereof, within such maturity to be redeemed (provided that a portion of a Bond
may be redeemed only in an integral multiple of $5,000).
THE BONDS maturing on August 15, 20___, August 15, 20___, August 15, 20___,
August 15, 20___ and August 15, 20___ (the "Term Bonds") are subject to mandatory sinking
fund redemption by lot or other customary method prior to maturity in the following amounts, on
the following dates and at a price of par plus accrued interest to the redemption date.
Bonds Maturing August 15, 20___
Redemption Date Principal Amount
August 15, 20___$_______
August 15, 20___* $_______*
*Final Maturity
Bonds Maturing August 15, 20___
Redemption Date Principal Amount
August 15, 20___$______
August 15, 20___* $_____*
*Final Maturity
Bonds Maturing August 15, 20___
Redemption Date Principal Amount
Attachment number 1 \nPage 12 of 35
Item # K
GTOWN\GO\12A: Ordinance 10
August 15, 20___$______
August 15, 20___* $______*
*Final Maturity
Bonds Maturing August 15, 20___
Redemption Date Principal Amount
August 15, 20___$_______
August 15, 20___* $______*
*Final Maturity
Bonds Maturing August 15, 20___
Redemption Date Principal Amount
August 15, 20___$_______
August 15, 20___$_______
August 15, 20___* $______*
*Final Maturity
THE PRINCIPAL AMOUNT of the Term Bonds required to be redeemed pursuant to
the operation of the mandatory sinking fund redemption provisions shall be reduced, at the
option of the City by the principal amount of any Term Bonds of the stated maturity which, at
least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City, at a
price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of
purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, (2) shall have
been purchased and canceled by the Paying Agent/Registrar at the request of the City with
monies in the Interest and Sinking Fund at a price not exceeding the principal amount of the
Term Bonds plus accrued interest to the date of purchase thereof, or (3) shall have been
redeemed pursuant to the optional redemption provisions and not theretofore credited against a
mandatory sinking fund redemption requirement.
NO LESS THAN 30 days prior to the date fixed for any such redemption, the City shall
cause the Paying Agent/Registrar to send notice by United States mail, first-class postage prepaid
to the Registered Owner of each Bond to be redeemed at its address as it appeared on the
Registration Books of the Paying Agent/Registrar at the close of business on the 45th day prior
to the redemption date; provided, however, that the failure to send, mail or receive such notice,
or any defect therein or in the sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Bonds. By the date fixed for any such
redemption due provision shall be made with the Paying Agent/Registrar for the payment of the
required redemption price for the Bonds or portions thereof which are to be so redeemed. If due
provision for such payment is made, all as provided above, the Bonds or portions thereof which
are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled
maturities, and they shall not bear interest after the date fixed for redemption, and they shall not
be regarded as being outstanding except for the right of the Registered Owner to receive the
redemption price from the Paying Agent/Registrar out of the funds provided for such payment.
Attachment number 1 \nPage 13 of 35
Item # K
GTOWN\GO\12A: Ordinance 11
If a portion of any Bonds shall be redeemed a substitute Bonds or Bonds having the same
maturity date, bearing interest at the same rate, in any denomination or denominations in any
integral multiple of $5,000, at the written request of the Registered Owner, and in aggregate
principal amount equal to the unredeemed portion thereof, will be issued to the Registered
Owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in
the Ordinance.
WITH RESPECT TO any optional redemption of the Bonds, unless certain
prerequisites to such redemption required by the Ordinance have been met and moneys sufficient
to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have
been received by the Paying Agent/Registrar prior to the giving of such notice of redemption,
such notice shall state that said redemption may, at the option of the City, be conditional upon
the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar
on or prior to the date fixed for such redemption, or upon any prerequisite set forth in such notice
of redemption. If a conditional notice of redemption is given and such prerequisites to the
redemption and sufficient moneys are not received, such notice shall be of no force and effect,
the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the
manner in which the notice of redemption was given, to the effect that the Bonds have not been
redeemed.
ALL BONDS OF THIS SERIES are issuable solely as fully registered Bonds, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the
Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the Registered
Owner or the assignee or assignees hereof, be assigned, transferred, converted into and
exchanged for a like aggregate principal amount of fully registered Bonds, without interest
coupons, payable to the appropriate Registered Owner, assignee or assignees, as the case may be,
having the same denomination or denominations in any integral multiple of $5,000 as requested
in writing by the appropriate Registered Owner, assignee or assignees, as the case may be, upon
surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Ordinance. Among other requirements for such assignment
and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar,
together with proper instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or
portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or
names this Bond or any such portion or portions hereof is or are to be registered. The form of
Assignment printed or endorsed on this Bond may be executed by the Registered Owner to
evidence the assignment hereof, but such method is not exclusive, and other instruments of
assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of
this Bond or any portion or portions hereof from time to time by the Registered Owner. The
Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning,
transferring, converting and exchanging any Bond or portion thereof will be paid by the City. In
any circumstance, any taxes or governmental charges required to be paid with respect thereto
shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a
condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be
required to make any such transfer, conversion, or exchange during the period commencing on
the close of business on any Record Date and ending with the opening of business on the next
following principal or interest payment date.
Attachment number 1 \nPage 14 of 35
Item # K
GTOWN\GO\12A: Ordinance 12
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering or
transferring this Bond shall be modified to require the appropriate person or entity to meet the
requirements of the securities depository as to registering or transferring the book entry to
produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the City,
resigns, or otherwise ceases to act as such, the City has covenanted in the Ordinance that it
promptly will appoint a competent and legally qualified substitute therefor, and cause written
notice thereof to be mailed to the Registered Owners of the Bonds.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and
validly authorized, issued, and delivered; that all acts, conditions, and things required or proper
to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of
this Bond have been performed, existed, and been done in accordance with law; and that ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond,
as such interest comes due, and as such principal matures, have been levied and ordered to be
levied against all taxable property in the City, and have been pledged for such payment, within
the limit prescribed by law.
BY BECOMING the Registered Owner of this Bond, the Registered Owner thereby
acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in
the official minutes and records of the governing body of the City, and agrees that the terms and
provisions of this Bond and the Ordinance constitute a contract between each Registered Owner
hereof and the City.
IN WITNESS WHEREOF, the City has caused this Bond to be signed with the manual
or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile
signature of the City Secretary and has caused the official seal of the City to be duly impressed,
or placed in facsimile, on this Bond.
_______________________________ ___________________________________
City Secretary Mayor
[CITY SEAL]
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an
executed Registration Certificate of the Comptroller
of Public Accounts of the State of Texas)
Attachment number 1 \nPage 15 of 35
Item # K
GTOWN\GO\12A: Ordinance 13
It is hereby certified that this Bond has been issued under the provisions of the Ordinance
described in the text of this Bond; and that this Bond has been issued in conversion or
replacement of, or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a Series
which originally was approved by the Attorney General of the State of Texas and registered by
the Comptroller of Public Accounts of the State of Texas.
Dated THE BANK OF NEW YORK
MELLON TRUST COMPANY,
NATIONAL ASSOCIATION
Paying Agent/Registrar
By_______________________________
Authorized Representative
FORM OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________________________________________
________________________________________________________________________
Please insert Social Security or Taxpayer
Identification Number of Transferee
_______________________________________________________________________
_______________________________________________________________________
(Please print or typewrite name and address,
including zip code, of Transferee)
______________________________________________________________________
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
___________________________________________, attorney, to register the transfer of the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: ___________________________
Signature Guaranteed:
Attachment number 1 \nPage 16 of 35
Item # K
GTOWN\GO\12A: Ordinance 14
__________________________________ __________________________________
NOTICE: Signature(s) must be NOTICE: The signature above
guaranteed by a member firm of must correspond with the name
the New York Stock Exchange or of the Registered Owner as it
a commercial bank or trust company. appears upon the front of this
Bond in every particular, with-
out alteration or enlargement
or any change whatsoever.
FORM OF REGISTRATION CERTIFICATE OF
THE COMPTROLLER OF PUBLIC ACCOUNTS FOR THE INITIAL BOND ONLY:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and approved
by the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this ____________________.
Comptroller of Public Accounts
of the State of Texas
[COMPTROLLER'S SEAL]
INSERTIONS FOR THE INITIAL BOND
The Initial Bond shall be in the form set forth in this Section, except that:
A. immediately under the name of the Bond, the headings "INTEREST RATE" and
"MATURITY DATE" shall both be completed with the words "As shown below" and
"CUSIP NO." shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
"ON THE MATURITY DATE SPECIFIED BELOW, the City of Georgetown, Texas
(the "City"), being a political subdivision, hereby promises to pay to the Registered Owner
specified above, or registered assigns (hereinafter called the "Registered Owner"), in each of the
years, in the principal installments and bearing interest at the per annum rates set forth in the
following schedule:
Years Amounts Rates
(Information from Sections 2 and 3 to be inserted)
Attachment number 1 \nPage 17 of 35
Item # K
GTOWN\GO\12A: Ordinance 15
The City promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from October 15, 2012 at the respective Interest
Rate per annum specified above. Interest is payable on February 15, 2013 and semiannually on
each February 15 and August 15 thereafter to the date of payment of the principal installment
specified above; except, that if this Bond is required to be authenticated and the date of its
authentication is later than the first Record Date (hereinafter defined), such principal amount
shall bear interest from the interest payment date next preceding the date of authentication,
unless such date of authentication is after any Record Date but on or before the next following
interest payment date, in which case such principal amount shall bear interest from such next
following interest payment date; provided, however, that if on the date of authentication hereof
the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has
not been paid, then this Bond shall bear interest from the date to which such interest has been
paid in full."
C. The initial Bond shall be numbered "T-1."
Section 6. TAX LEVY. (a) Payment of the Bonds. A special Interest and Sinking
Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and
the Interest and Sinking Fund shall be established and maintained by the City at an official
depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from
all other funds and accounts of the City, and shall be used only for paying the interest on and
principal of the Bonds. All ad valorem taxes levied and collected for and on account of the
Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During
each year while any of the Bonds or interest thereon are outstanding and unpaid, the governing
body of the City shall compute and ascertain a rate and amount of ad valorem tax which will be
sufficient to raise and produce the money required to pay the interest on the Bonds as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of
the Bonds as such principal matures (but never less than 2% of the original principal amount of
the Bonds as a sinking fund each year); and the tax shall be based on the latest approved tax rolls
of the City, with full allowance being made for tax delinquencies and the cost of tax collection.
The rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied,
against all taxable property in the City for each year while any of the Bonds or interest thereon
are outstanding and unpaid; and the tax shall be assessed and collected each such year and
deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes sufficient to
provide for the payment of the interest on and principal of the Bonds, as such interest comes due
and such principal matures, are hereby pledged for such payment, within the limit prescribed by
law. Accrued interest on the Bonds shall be deposited in the Interest and Sinking Fund.
Section 7. DEFEASANCE OF BONDS (a) Any Bond and the interest thereon shall
be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning
of this Ordinance, except to the extent provided in subsections (c) and (e) of this Section, when
payment of the principal of such Bond, plus interest thereon to the due date or dates (whether
such due date or dates be by reason of maturity, upon redemption, or otherwise) either (i) shall
have been made or caused to be made in accordance with the terms thereof (including the giving
of any required notice of redemption or the establishment of irrevocable provisions for the giving
of such notice) or (ii) shall have been provided for on or before such due date by irrevocably
Attachment number 1 \nPage 18 of 35
Item # K
GTOWN\GO\12A: Ordinance 16
depositing with or making available to the Paying Agent/Registrar or an eligible trust company
or commercial bank for such payment (1) lawful money of the United States of America
sufficient to make such payment, (2) Defeasance Securities, certified by an independent public
accounting firm of national reputation to mature as to principal and interest in such amounts and
at such times as will ensure the availability, without reinvestment, of sufficient money to provide
for such payment and when proper arrangements have been made by the City with the Paying
Agent/Registrar or an eligible trust company or commercial bank for the payment of its services
until all Defeased Bonds shall have become due and payable or (3) any combination of (1) and
(2). At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid,
such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the
benefits of, the ad valorem taxes herein levied as provided in this Ordinance, and such principal
and interest shall be payable solely from such money or Defeasance Securities.
(b) The deposit under clause (ii) of subsection (a) shall be deemed a payment of a Bond
as aforesaid when proper notice of redemption of such Bonds shall have been given or upon the
establishment of irrevocable provisions for the giving of such notice, in accordance with this
Ordinance. Any money so deposited with the Paying Agent/Registrar or an eligible trust
company or commercial bank as provided in this Section may at the discretion of the City also be
invested in Defeasance Securities, maturing in the amounts and at the times as hereinbefore set
forth, and all income from all Defeasance Securities in possession of the Paying Agent/Registrar
or an eligible trust company or commercial bank pursuant to this Section which is not required
for the payment of such Bond and premium, if any, and interest thereon with respect to which
such money has been so deposited, shall be remitted to the City.
(c) Notwithstanding any provision of any other Section of this Ordinance which may be
contrary to the provisions of this Section, all money or Defeasance Securities set aside and held
in trust pursuant to the provisions of this Section for the payment of principal of the Bonds and
premium, if any, and interest thereon, shall be applied to and used solely for the payment of the
particular Bonds and premium, if any, and interest thereon, with respect to which such money or
Defeasance Securities have been so set aside in trust. Until all Defeased Bonds shall have
become due and payable, the Paying Agent/Registrar shall perform the services of Paying
Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the City
shall make proper arrangements to provide and pay for such services as required by this
Ordinance.
(d) Notwithstanding anything elsewhere in this Ordinance, if money or Defeasance
Securities have been deposited or set aside with the Paying Agent/Registrar or an eligible trust
company or commercial bank pursuant to this Section for the payment of Bonds and such Bonds
shall not have in fact been actually paid in full, no amendment of the provisions of this Section
shall be made without the consent of the registered owner of each Bond affected thereby.
(e) Notwithstanding the provisions of subsection (a) immediately above, to the extent
that, upon the defeasance of any Defeased Bond to be paid at its maturity, the City retains the
right under Texas law to later call that Defeased Bond for redemption in accordance with the
provisions of this Ordinance, the City may call such Defeased Bond for redemption upon
complying with the provisions of Texas law and upon the satisfaction of the provisions of
subsection (a) immediately above with respect to such Defeased Bond as though it was being
Attachment number 1 \nPage 19 of 35
Item # K
GTOWN\GO\12A: Ordinance 17
defeased at the time of the exercise of the option to redeem the Defeased Bond and the effect of
the redemption is taken into account in determining the sufficiency of the provisions made for
the payment of the Defeased Bond.
As used herein, "Defeasance Securities" means (i) Federal Securities, (ii) noncallable
obligations of an agency or instrumentality of the United States of America, including
obligations that are unconditionally guaranteed or insured by the agency or instrumentality and
that, on the date the City adopts or approves proceedings authorizing the issuance of refunding
bonds or otherwise provide for the funding of an escrow to effect the defeasance of the Bonds
are rated as to investment quality by a nationally recognized investment rating firm not less than
"AAA" or its equivalent, (iii) noncallable obligations of a state or an agency or a county,
municipality, or other political subdivision of a state that have been refunded and that, on the
date the City adopts or approves proceedings authorizing the issuance of refunding bonds or
otherwise provide for the funding of an escrow to effect the defeasance of the Bonds, are rated as
to investment quality by a nationally recognized investment rating firm no less than "AAA" or its
equivalent and (iv) any other then authorized securities or obligations under applicable State law
that may be used to defease obligations such as the Bonds.
"Federal Securities" as used herein means direct, noncallable obligations of the United
States of America, including obligations that are unconditionally guaranteed by the United States
of America (including Interest Strips of the Resolution Funding Corporation).
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated,
lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and
delivered, a new Bond of the same principal amount, maturity, and interest rate, as the damaged,
mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner
hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged,
mutilated, lost, stolen, or destroyed Bonds shall be made by the Registered Owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the Registered
Owner applying for a replacement bond shall furnish to the City and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or
destruction of a Bond, the Registered Owner shall furnish to the City and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as
the case may be. In every case of damage or mutilation of a Bond, the Registered Owner shall
surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Bond shall have matured, and no default has occurred which is then
continuing in the payment of the principal of, redemption premium, if any, or interest on the
Bond, the City may authorize the payment of the same (without surrender thereof except in the
case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security
or indemnity is furnished as above provided in this Section.
Attachment number 1 \nPage 20 of 35
Item # K
GTOWN\GO\12A: Ordinance 18
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement
Bond, the Paying Agent/Registrar shall charge the Registered Owner of such Bond with all legal,
printing, and other expenses in connection therewith. Every replacement Bond issued pursuant
to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed
shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed
Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the
benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued
under this Ordinance.
(e) Authority for Issuing Replacement Bonds. In accordance with Subchapter B of
Texas Government Code, Chapter 1206, this Section of this Ordinance shall constitute authority
for the issuance of any such replacement Bond without necessity of further action by the
governing body of the City or any other body or person, and the duty of the replacement of such
Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying
Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the
effect, as provided in Section 4(a) of this Ordinance for Bonds issued in conversion and
exchange for other Bonds.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS;
BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE
PROVISION, IF OBTAINED. The Mayor of the City is hereby authorized to have control of
the Bonds initially issued and delivered hereunder and all necessary records and proceedings
pertaining to the Bonds pending their delivery and their investigation, examination, and approval
by the Attorney General of the State of Texas, and their registration by the Comptroller of Public
Accounts of the State of Texas. Upon registration of the Bonds the Comptroller of Public
Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the
Comptroller's Registration Certificate attached to such Bonds, and the seal of the Comptroller
shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of
the City's Bond Counsel and the assigned CUSIP numbers may, at the option of the City, be
printed on the Bonds issued and delivered under this Ordinance, but neither shall have any legal
effect, and shall be solely for the convenience and information of the Registered Owners of the
Bonds. In addition, if bond insurance or other credit enhancement is obtained, the Bonds may
bear an appropriate legend.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST
ON THE BONDS. (a) Covenants. The City covenants to take any action necessary to assure, or
refrain from any action which would adversely affect, the treatment of the Bonds as obligations
described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the
interest on which is not includable in the "gross income" of the holder for purposes of federal
income taxation. In furtherance thereof, the City covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of
the Bonds or the projects financed or refinanced therewith (less amounts deposited to a
reserve fund, if any) are used for any "private business use," as defined in section
141(b)(6) of the Code or, if more than 10 percent of the proceeds of the Bonds or the
projects financed or refinanced therewith are so used, such amounts, whether or not
received by the City, with respect to such private business use, do not, under the terms of
Attachment number 1 \nPage 21 of 35
Item # K
GTOWN\GO\12A: Ordinance 19
this Ordinance or any underlying arrangement, directly or indirectly, secure or provide
for the payment of more than 10 percent of the debt service on the Bonds, in
contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the
Refunded Obligations or the projects financed or refinanced therewith (less amounts
deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a
"private business use" which is "related" and not "disproportionate," within the meaning
of section 141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount which is greater than the lesser
of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action which would otherwise result in the
Bonds being treated as "private activity bonds" within the meaning of section 141(b) of
the Code;
(5) to refrain from taking any action that would result in the Bonds being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to
acquire investment property (as defined in section 148(b)(2) of the Code) which produces
a materially higher yield over the term of the Bonds, other than investment property
acquired with --
(A) proceeds of the Bonds invested for a reasonable temporary period
of 3 years or less or, in the case of a refunding bond, for a period of 90 days,
(B) amounts invested in a bona fide debt service fund, within the
meaning of section l.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Bonds;
(7) to otherwise restrict the use of the proceeds of the Bonds or amounts
treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the
extent applicable, section 149(d) of the Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Bonds) an amount that is at least equal to
90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code
Attachment number 1 \nPage 22 of 35
Item # K
GTOWN\GO\12A: Ordinance 20
and to pay to the United States of America, not later than 60 days after the Bonds have
been paid in full, 100 percent of the amount then required to be paid as a result of Excess
Earnings under section 148(f) of the Code; and
(9) to assure that the proceeds of the Bonds will be used solely for new money
projects
(b) Rebate Fund. In order to facilitate compliance with the above covenant (8), a
"Rebate Fund" is hereby established by the City for the sole benefit of the United States of
America, and such fund shall not be subject to the claim of any other person, including without
limitation the bondholders. The Rebate Fund is established for the additional purpose of
compliance with section 148 of the Code.
(c) Proceeds. The City understands that the term "proceeds" includes "disposition
proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred
proceeds (if any) and proceeds of the refunded bonds not expended prior to the date of issuance
of the Bonds. It is the understanding of the City that the covenants contained herein are intended
to assure compliance with the Code and any regulations or rulings promulgated by the U.S.
Department of the Treasury pursuant thereto. In the event that regulations or rulings are
hereafter promulgated which modify or expand provisions of the Code, as applicable to the
Bonds, the City will not be required to comply with any covenant contained herein to the extent
that such failure to comply, in the opinion of nationally recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Bonds under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which
impose additional requirements which are applicable to the Bonds, the City agrees to comply
with the additional requirements to the extent necessary, in the opinion of nationally recognized
bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds
under section 103 of the Code. In furtherance of such intention, the City hereby authorizes and
directs the City Manager or Chief Financial Officer of the City to execute any documents,
certificates or reports required by the Code and to make such elections, on behalf of the City,
which may be permitted by the Code as are consistent with the purpose for the issuance of the
Bonds. This Ordinance is intended to satisfy the official intent requirements set forth in Section
1.150-2 of the Treasury Regulations.
(d) Allocation Of, and Limitation On, Expenditures for the Project. The City
covenants to account for the expenditure of sale proceeds and investment earnings to be used for
the purposes described in Section 1 of this Ordinance (the "Project") on its books and records in
accordance with the requirements of the Internal Revenue Code. The City recognizes that in
order for the proceeds to be considered used for the reimbursement of costs, the proceeds must
be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is
made, or (2) the Project is completed; but in no event later than three years after the date on
which the original expenditure is paid. The foregoing notwithstanding, the City recognizes that
in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or
investment earnings must be expended no more than 60 days after the earlier of (1) the fifth
anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired. The City agrees to
obtain the advice of nationally-recognized bond counsel if such expenditure fails to comply with
the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of
Attachment number 1 \nPage 23 of 35
Item # K
GTOWN\GO\12A: Ordinance 21
the Bonds. For purposes hereof, the City shall not be obligated to comply with this covenant if it
obtains an opinion that such failure to comply will not adversely affect the excludability for
federal income tax purposes from gross income of the interest.
(e) Disposition of Project. The City covenants that the property constituting the
projects financed or refinanced with the proceeds of the Bonds will not be sold or otherwise
disposed in a transaction resulting in the receipt by the City of cash or other compensation,
unless the City obtains an opinion of nationally-recognized bond counsel that such sale or other
disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the
foregoing, the portion of the property comprising personal property and disposed in the ordinary
course shall not be treated as a transaction resulting in the receipt of cash or other compensation.
For purposes hereof, the City shall not be obligated to comply with this covenant if it obtains an
opinion that such failure to comply will not adversely affect the excludability for federal income
tax purposes from gross income of the interest.
Section 11. SALE OF BONDS. The Bonds are hereby awarded and sold to the bidder
whose bid produced the lowest true interest cost, pursuant to the taking of public bids therefor,
on this date, and shall be delivered to ____________ (the initial APurchaser@) at a price of
$___________ (representing the par amount of the Bonds of $12,500,000 plus a reoffering
premium of $__________). The Bonds shall initially be registered in the name of
____________.
Section 12. DEFAULT AND REMEDIES. (a) Events of Default. Each of the
following occurrences or events for the purpose of this Ordinance is hereby declared to be an
Event of Default:
(i) the failure to make payment of the principal of or interest on any of the
Bonds when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement
or obligation of the City, the failure to perform which materially, adversely affects the
rights of the Registered Owners of the Bonds, including, but not limited to, their prospect
or ability to be repaid in accordance with this Ordinance, and the continuation thereof for
a period of 60 days after notice of such default is given by any Registered Owner to the
City.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any
Registered Owner or an authorized representative thereof, including, but not limited to, a
trustee or trustees therefor, may proceed against the City, or any official, officer or
employee of the City in their official capacity, for the purpose of protecting and enforcing
the rights of the Registered Owners under this Ordinance, by mandamus or other suit,
action or special proceeding in equity or at law, in any court of competent jurisdiction,
for any relief permitted by law, including the specific performance of any covenant or
agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or
Attachment number 1 \nPage 24 of 35
Item # K
GTOWN\GO\12A: Ordinance 22
in violation of any right of the Registered Owners hereunder or any combination of such
remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained
for the equal benefit of all Registered Owners of Bonds then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or under the Bonds or
now or hereafter existing at law or in equity; provided, however, that notwithstanding any
other provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds
shall not be available as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be
deemed a waiver of any other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, such
Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise
to a personal or pecuniary liability or charge against the officers, employees or trustees of
the City or the City Council.
(iv) None of the members of the City Council, nor any other official or officer,
agent, or employee of the City, shall be charged personally by the Registered Owners
with any liability, or be held personally liable to the Registered Owners under any term or
provision of this Ordinance, or because of any Event of Default or alleged Event of
Default under this Ordinance.
Section 13. APPROVAL OF PAYING AGENT/REGISTRAR AGREEMENT,
LETTER OF REPRESENTATIONS AND OFFICIAL STATEMENT. Attached hereto as
Exhibit "A" is a substantially final form of Paying Agent/Registrar Agreement with an attached
Blanket Letter of Representations. Each the Mayor, the City Manager and the Chief Financial
Officer of the City are hereby authorized to amend, complete or modify such agreement as
necessary and are further authorized to execute such agreement.
The City hereby approves the form and content of the Notice of Sale and Preliminary
Official Statement and Official Statement relating to the Bonds and any addenda, supplement or
amendment thereto, and approves the distribution of such Official Statement in the reoffering of
the Bonds by the initial Purchaser in final form, with such changes therein or additions thereto as
the officer executing the same may deem advisable, such determination to be conclusively
evidenced by his execution thereof. The distribution and use of the Preliminary Official
Statement dated October 8, 2012, prior to the date hereof is ratified and confirmed. The City
Council of the City hereby finds and determines that the Preliminary Official Statement and the
Official Statement were and are "deemed final" (as that term is defined in 17 C.F.R. Section
240.15c-12) as of their respective dates.
Attachment number 1 \nPage 25 of 35
Item # K
GTOWN\GO\12A: Ordinance 23
Section 14. CONTINUING DISCLOSURE UNDERTAKING. (a) Annual Reports.
The City shall provide annually to the MSRB, in an electronic format as prescribed by the
MSRB, within six months after the end of any fiscal year, financial information and operating
data with respect to the City of the general type included in the final Official Statement
authorized by Section 13 of this Ordinance, being the information described in the final Official
Statement under the heading "Continuing Disclosure of Information - Annual Report.". Any
financial statements to be so provided shall be (1) prepared in accordance with the accounting
principles described in Exhibit "B" hereto, or such other accounting principles as the City may be
required to employ from time to time pursuant to state law or regulation, and (2) audited, if the
City commissions an audit of such statements and the audit is completed within the period during
which they must be provided. If the audit of such financial statements is not complete within
such period, then the City shall provide unaudited financial statements within such period, and
audited financial statements for the applicable fiscal year to the MSRB, when and if the audit
report on such statements become available.
If the City changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the City otherwise would be required
to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document that is available to the public on the MSRB's internet web site or filed with the SEC.
All documents provided to the MSRB pursuant to this Section shall be accompanied by
identifying information as prescribed by the MSRB.
(b) Event Notices. The City shall notify the MSRB, in an electronic format as
prescribed by the MSRB, in a timely manner not in excess of ten business days after the
occurrence of the event, of any of the following events with respect to the Bonds:
A. Principal and interest payment delinquencies;
B. Non-payment related defaults, if material within the meaning of the
federal securities laws;
C. Unscheduled draws on debt service reserves reflecting financial
difficulties;
D. Unscheduled draws on credit enhancements reflecting financial
difficulties;
E. Substitution of credit or liquidity providers, or their failure to perform;
F. Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB) or other material notices or determinations with
respect to the tax-exempt status of the Bonds, or other events affecting the
tax-exempt status of the Bonds;
Attachment number 1 \nPage 26 of 35
Item # K
GTOWN\GO\12A: Ordinance 24
G. Modifications to rights of holders of the Bonds, if material within the
meaning of the federal securities laws;
H. Bond calls, if material within the meaning of the federal securities laws
and tender offers;
I. Defeasances;
J. Release, substitution, or sale of property securing repayment of the Bonds,
if material within the meaning of the federal securities laws;
K. Rating changes;
L. Bankruptcy, insolvency, receivership or similar event of the City;
M. The consummation of a merger, consolidation, or acquisition involving the
City or the sale of all or substantially all of the assets of the City, other
than in the ordinary course of business, the entry into a definitive
agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material within the meaning of the federal securities laws; and
N. Appointment of a successor or additional trustee or the change of name of
a trustee, if material within the meaning of the federal securities laws.
The City shall notify the MSRB, in an electronic format as prescribed by the MSRB, in a
timely manner, of any failure by the City to provide financial information or operating data in
accordance with subsection (a) of this Section by the time required by such subsection. All
documents provided to the MSRB pursuant to this Section shall be accompanied by identifying
information as prescribed by the MSRB.
(c) Limitations, Disclaimers, and Amendments. The City shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long
as, the City remains an "obligated person" with respect to the Bonds within the meaning of the
Rule, except that the City in any event will give notice of any deposit made in accordance with
Section 7 of this Ordinance that causes the Bonds no longer to be outstanding.
The provisions of this Section are for the sole benefit of the holders and beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or
any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City's financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly
Attachment number 1 \nPage 27 of 35
Item # K
GTOWN\GO\12A: Ordinance 25
provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY
THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF
ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Should the Rule be amended to obligate the City to make filings with or provide notices
to entities other than the MSRB, the City hereby agrees to undertake such obligation with respect
to the Bonds in accordance with the Rule as amended.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the City, but only if (1) the
provisions of this Section, as so amended, would have permitted an underwriter to purchase or
sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account
any amendments or interpretations of the Rule since such offering as well as such changed
circumstances and (2) either (a) the holders of a majority in aggregate principal amount (or any
greater amount required by any other provision of this Ordinance that authorizes such an
amendment) of the outstanding Bonds consents to such amendment or (b) a person that is
unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendment will not materially impair the interest of the holders and beneficial owners of the
Bonds. If the City so amends the provisions of this Section, it shall include with any amended
financial information or operating data next provided in accordance with paragraph (a) of this
Section an explanation, in narrative form, of the reason for the amendment and of the impact of
any change in the type of financial information or operating data so provided. The City may also
amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or
repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that
such provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the
primary offering of the Bonds.
(d) Definitions. As used in this Section, the following terms have the meanings
ascribed to such terms below:
Attachment number 1 \nPage 28 of 35
Item # K
GTOWN\GO\12A: Ordinance 26
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
Section 15. AMENDMENT OF ORDINANCE. The City hereby reserves the right
to amend this Ordinance subject to the following terms and conditions, to-wit:
(a) The City may from time to time, without the consent of any holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i)
cure any ambiguity, defect or omission in this Ordinance that does not materially adversely
affect the interests of the holders, (ii) grant additional rights or security for the benefit of the
holders, (iii) add events of default as shall not be inconsistent with the provisions of this
Ordinance and that shall not materially adversely affect the interests of the holders, (iv) qualify
this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions
of federal laws from time to time in effect, (v) obtain insurance or ratings on the Bonds, (vi)
obtain the approval of the Attorney General of the State Texas, or (vii) make such other
provisions in regard to matters or questions arising under this Ordinance as shall not be
inconsistent with the provisions of this Ordinance and that shall not in the opinion of the City's
Bond Counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in
principal amount 51% of the aggregate principal amount of then outstanding Bonds that are the
subject of a proposed amendment shall have the right from time to time to approve any
amendment hereto that may be deemed necessary or desirable by the City; provided, however,
that without the consent of 100% of the holders in aggregate principal amount of the then
outstanding Bonds, nothing herein contained shall permit or be construed to permit amendment
of the terms and conditions of this Ordinance or in any of the Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on any outstanding Bonds;
(4) Modify the terms of payment of principal or of interest or redemption
premium on outstanding Bonds or any of them or impose any condition with
respect to such payment; or
(5) Change the minimum percentage of the principal amount of any series of
Bonds necessary for consent to such amendment.
(c) If at any time the City shall desire to amend this Ordinance under this Section, the
City shall send by U.S. mail to each registered owner of the affected Bonds a copy of the
proposed amendment and cause notice of the proposed amendment to be published at least once
Attachment number 1 \nPage 29 of 35
Item # K
GTOWN\GO\12A: Ordinance 27
in a financial publication published in The City of New York, New York or in the State of Texas.
Such published notice shall briefly set forth the nature of the proposed amendment and shall state
that a copy thereof is on file at the office of the City for inspection by all holders of such Bonds.
(d) Whenever at any time within one year from the date of publication of such notice
the City shall receive an instrument or instruments executed by the holders of at least 51% in
aggregate principal amount of all of the Bonds then outstanding that are required for the
amendment, which instrument or instruments shall refer to the proposed amendment and that
shall specifically consent to and approve such amendment, the City may adopt the amendment in
substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the City and all
holders of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in
all respects to such amendment.
(f) Any consent given by the holder of a Bond pursuant to the provisions of this
Section shall be irrevocable for a period of six months from the date of the publication of the
notice provided for in this Section, and shall be conclusive and binding upon all future holders of
the same Bond during such period. Such consent may be revoked at any time after six months
from the date of the publication of said notice by the holder who gave such consent, or by a
successor in title, by filing notice with the City, but such revocation shall not be effective if the
holders of 51% in aggregate principal amount of the affected Bonds then outstanding, have, prior
to the attempted revocation, consented to and approved the amendment.
Section 16. NO RECOURSE AGAINST CITY OFFICIALS. No recourse shall be
had for the payment of principal of or interest on the Bonds or for any claim based thereon or on
this Ordinance against any official of the City or any person executing any Bonds.
Section 17. FURTHER ACTIONS. The officers and employees of the City are
hereby authorized, empowered and directed from time to time and at any time to do and perform
all such acts and things and to execute, acknowledge and deliver in the name and under the
corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as
may be necessary or desirable in order to carry out the terms and provisions of this Ordinance,
the Bonds, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement and
the Official Statement. In addition, prior to the initial delivery of the Bonds, the Mayor, is
hereby authorized and directed to approve any changes or corrections to this Ordinance or to any
of the instruments authorized and approved by this Ordinance necessary in order to (i) correct
any ambiguity or mistake or properly or more completely document the transactions
contemplated and approved by this Ordinance and as described in the Official Statement or (ii)
obtain the approval of the Bonds by the Texas Attorney General's office.
In case any officer of the City whose signature shall appear on any Bond shall cease to be
such officer before the delivery of such Bond, such signature shall nevertheless be valid and
sufficient for all purposes the same as if such officer had remained in office until such delivery.
Attachment number 1 \nPage 30 of 35
Item # K
GTOWN\GO\12A: Ordinance 28
Section 18. INTERPRETATIONS. All terms defined herein and all pronouns used
in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The
titles and headings of the articles and sections of this Ordinance have been inserted for
convenience of reference only and are not to be considered a part hereof and shall not in any way
modify or restrict any of the terms or provisions hereof. This Ordinance and all the terms and
provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to
sustain the validity of the Bonds and the validity of the lien on and pledge to secure the payment
of the Bonds.
Section 19. INCONSISTENT PROVISIONS. All ordinances, orders or resolutions,
or parts thereof, which are in conflict or inconsistent with any provisions of this Ordinance are
hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and
remain controlling as to the matters contained herein.
Section 20. INTERESTED PARTIES. Nothing in this Ordinance expressed or
implied is intended or shall be construed to confer upon, or to give to, any person or entity, other
than the City and the registered owners of the Bonds, any right, remedy or claim under or by
reason of this Ordinance or any covenant, condition or stipulation hereof, and all covenants,
stipulations, promises and agreements in this Ordinance contained by and on behalf of the City
shall be for the sole and exclusive benefit of the City and the registered owners of the Bonds.
Section 21. INCORPORATION OF RECITALS. The City hereby finds that the
statements set forth in the recitals of this Ordinance are true and correct, and the City hereby
incorporates such recitals as a part of this Ordinance.
Section 22. SEVERABILITY. The provisions of this Ordinance are severable; and in
case any one or more of the provisions of this Ordinance or the application thereof to any person
or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or
circumstance, the remainder of this Ordinance nevertheless shall be valid, and the application of
any such invalid provision to persons or circumstances other than those as to which it is held
invalid shall not be affected thereby.
Section 23. REPEALER. All orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 24. EFFECTIVE DATE. This Ordinance shall become effect immediately
from and after its passage on first and final reading in accordance with Section 1201.028, Texas
Government Code, as amended.
Section 25. PERFECTION. Chapter 1208, Government Code, applies to the
issuance of the Bonds and the pledge of ad valorem taxes and surplus net revenues granted by
the City under Sections 6 and 7 of this Ordinance, and such pledge is therefore valid, effective
and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid
such that the pledge of ad valorem taxes and surplus net revenues granted by the City under
Sections 6 and 7 of this Ordinance is to be subject to the filing requirements of Chapter 9,
Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the
perfection of the security interest in said pledge, the City agrees to take such measures as it
determines are reasonable and necessary under Texas law to comply with the applicable
Attachment number 1 \nPage 31 of 35
Item # K
GTOWN\GO\12A: Ordinance 29
provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security
interest in said pledge to occur.
Section 26. PAYMENT OF ATTORNEY GENERAL FEE. The City hereby
authorizes the disbursement of a fee equal to the lesser of (i) one-tenth of one percent of the
principal amount of the Bonds or (ii) $9,500, provided that such fee shall not be less than $750,
to the Attorney General of Texas Public Finance Division for payment of the examination fee
charged by the State of Texas for the Attorney General's review and approval of public securities
and credit agreements, as required by Section 1202.004 of the Texas Government Code. The
appropriate member of the City's staff is hereby instructed to take the necessary measures to
make this payment. The City is also authorized to reimburse the appropriate City funds for such
payment from proceeds of the Bonds.
Attachment number 1 \nPage 32 of 35
Item # K
GTOWN\GO\12A: Ordinance SigPg
IN ACCORDANCE WITH SECTION 1201.028, Texas Government Code, passed and
approved on the first and final reading on the 23rd day of October, 2012.
THE CITY OF GEORGETOWN:
George Garver, Mayor
City of Georgetown, Texas
ATTEST:
Jessica Brettle, City Secretary
APPROVED AS TO FORM:
Bridget Chapman, City Attorney
Attachment number 1 \nPage 33 of 35
Item # K
GTOWN\GO\12A: Ordinance A-1
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
Attachment number 1 \nPage 34 of 35
Item # K
GTOWN\GO\12: Ordinance B-1
EXHIBIT B
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 14 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided in
accordance with such Section are as specified (and included in the Appendix or under the
headings of the Official Statement referred to) below:
1. The portions of the financial statements of the City appended to the Official
Statement as Appendix B, but for the most recently concluded fiscal year.
2. Statistical and financial data set forth in Tables 1 through 9.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles
described in the notes to the financial statements referred to in the paragraph above.
Attachment number 1 \nPage 35 of 35
Item # K
LAW OFFICES
M c CALL, PARKHURST & HORTON L.L.P.
717 NORTH HARWOOD
SUITE 900
DALLAS, TEXAS 75201-6587
TELEPHONE: 214 754-9200
FACSIMILE: 214 754-9250
600 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 78701-3248
TELEPHONE: 512 478-3805
FACSIMILE: 512 472-0871
700 N. ST. MARY'S STREET
SUITE 1525
SAN ANTONIO, TEXAS 78205-3503
TELEPHONE: 210 225-2800
FACSIMILE: 210 225-2984
MEMORANDUM
DATE: October 9, 2012
TO: Micki Rundell and Jessica Brettle
FROM: C. D. Polumbo
RE: $12,500,000∗ City of Georgetown, Texas General Obligation Bonds, Series
2012A
Below we have set forth the proposed agenda language for the City's meeting on October
23, 2012.
(1) Consideration and action with respect to an "Ordinance Authorizing the
Issuance of City of Georgetown, Texas General Obligation Bonds, Series
2012A; Levying an Ad Valorem Tax in Support of the Bonds; Approving
a Paying Agent/Registrar Agreement, an Official Statement and Other
Related Documents; Awarding the Sale of the Bonds and Authorizing
Other Matters Relating to the Bonds."
Please note the ordinance will be approved and effective on First Reading in
accordance with Section 1201.028, Texas Government Code.
We will publish the Notice of the Ordinance caption in the Williamson County Sun on
October 17, 2012.
Attached is a draft of the Ordinance. We will bring the completed Ordinance with us to
the meeting on October 23, 2012 once the bids are received.
Please let me know if you have any questions or requested changes.
cc: Bridget Chapman
Garry Kimball
Danella Elliott
∗Preliminary, subject to change.
Attachment number 2 \nPage 1 of 1
Item # K
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Public Hearing and possible action on an amended and restated Development Agreement for
approximately 968 acres known as Cimarron Hills, located on Highway 29 West, including an amended
and restated Lease Agreement, an agreement for the delivery and use of reclaimed water and an agreement
terminating a license -- Jordan J. Maddox, AICP, Principal Planner and Bridget Chapman, Acting City
Attorney (action required)
ITEM SUMMARY:
City staff and the Cimarron Hills developer have been working for the past few months on multiple
agreements that will change the financial structure of the existing Cimarron Hills agreements and update the
long-term development plan for the project. The owner has requested a development agreement amendment
in order to add property to the existing development, allocate additional utility service and public
improvements accordingly, modernize language and exhibits, and serve as the development document
connected to the three companion agreements that detail financial considerations relative to public
assessments.
The development issues being addressed in this agreement do not vary considerably from the originally-
approved Concept Plan and Development Agreement/two amendments. The project remains consistent with
its theme of larger lot single-family surrounding golf course open space, with City of Georgetown
wastewater service. High points from the agreement include:
* Approximately 155 acres of additional land is being added to the development agreement. Large lot
residential is the planned land use. Wastewater capacity and expansion of the treatment plant are addressed in
this agreement and can be accommodated according to the relevant provisions.
* Residential lots will increase from the prior-approved 606 to 898.
* Parkland dedication for the new section will be accomplished through fees-in-lieu of land dedication.
* Tree protection will include Heritage Trees, per the Second Amendment.
* Roadway standards and specifications will be retained as identified from the original Concept Plan and
previous agreement language.
* Fire Flow will meet ISO standards.
* Provisions addressing wastewater capacity and treatment plant expansion.
* Approval of the Amended and Restated Development Agreement also approves related agreements
including, the Amended and Restated Lease Agreement, the Agreement for the Delivery and Use of
Reclaimed Water and an Agreement Terminating a License.
Planning and Zoning Recommendation
At their October 2nd meeting, the P&Z recommended unanimous approval of the development-related
provisions and associated exhibits of the Cimarron Hills Amended and Restated Development Agreement.
Staff Recommendation
Staff recommends approval. See Staff Report for additional detail.
FINANCIAL IMPACT:
Primary financial impact found in the Consent Agreement, not Development Agreement.
SUBMITTED BY:
Jordan J. Maddox, AICP
Cover Memo
Item # L
ATTACHMENTS:
Staff Report
Applicant Request Letter
Agreement Exhibit A - Original Project Lands
Agreement Exhibit B - Additional Project Lands
Agreement Exhibit C - Sketch of Property
Agreement Exhibit D - Master Plan
Agreement Exhibit E - MUD Project Lands
Development Agreement
Staff Report Exhibits (#1-4)
Agreement Exhibit G - Effluent Storage
Agreement Exhibit I - Reclaimed Water Agreement
Exhibit J - Termination of Lease Agreement
Lease Agreement
Cover Memo
Item # L
Georgetown Planning and Development Department Staff Report
Cimarron Hills Amended and Restated Development Agreement Page 1 of 5
Report Date: September 24, 2012
File No: DA‐2012‐004
Project Planner: Jordan J. Maddox, AICP, Principal Planner
Item Details
Project Name: Cimarron Hills
Location: SH 29 West
Total Acreage: 968 acres
Legal Description: Nicholas Porter Survey, 968 acres
Applicant: Hank Smith, PE, Texas Engineering Solutions
Property Owner: Cimarron Hills 2009 L.P. (Chris Hill)
Contact: Hank Smith
Existing Use: Residential, golf course, and future phases pending development
Zoning: NA – outside of city limits
Future Land Use: Low Density Residential/ Open Space
Growth Tier: Tier 2
Overview of Applicant’s Request
The applicant has requested a development agreement amendment from the City to add
property to the existing Cimarron Hills development, allocate utility service and public
improvements accordingly, modernize language and exhibits, and serve as the
development document connected to three companion agreements that detail financial
considerations relative to public assessments. The Commission is addressing only the
development aspects of these agreements, which do not vary considerably with the
original approved Concept Plan and Development Agreement or their previous two
amendments. The project remains consistent with its theme of larger lot single‐family
development surrounding golf course open space, with City of Georgetown wastewater
service. The primary reason for the amendment to this agreement is to address new
property and subsequent increase to the residential lot total.
Site Information
Location:
West of the city of Georgetown on Highway 29, at or close to the edge of Georgetown’s
ETJ.
Attachment number 1 \nPage 1 of 5
Item # L
Planning and Development Staff Report
Cimarron Hills Amended and Restated Development Agreement Page 2 of 5
Physical Characteristics:
Contains large trees, Middle San Gabriel river, existing golf course.
Surrounding Properties:
The surrounding properties include mostly rural residential properties.
Location Zoning Future Land Use Existing Use
North NA – Out of city Low Density
Residential (LDR) Undeveloped/Ag
South NA – Out of city LDR Undeveloped/Ag
East NA – Out of city LDR Rural Residential
West NA – Out of city LDR Undeveloped/Ag
(See Exhibits 2 and 3)
Property History
Planning has approved a Concept Plan, Development Agreement and two amendments,
plus a multitude of Preliminary and Final Plats on the property. Presently, there is existing
residential development for a portion of the 968 acres and entitlements in place for
additional homes and new sections. The proposed agreement revisions make note of the
previous approvals, their vesting status, and any pending plats under a specific set of
requirements.
In the fall of 2011, the Second Amendment added Heritage Tree protection as a
requirement to the property and that has been the only significant change since the
original concept plan for the project. This amendment and reinstatement retains most of
the development and design standards from the original concept.
Proposed Development Agreement
The applicant has been working diligently with City staff to accomplish a slew of
agreements, which mostly pertain to financial obligations associated with an existing
Public Improvement District (PID). In 2001, City Council agreed to establish the district,
which is a financing mechanism related to certain public improvements including utility
improvements, roadways, landscaping, etc. The district levied an assessment for each
property owner at that time, and the process for these agreements has been driven by the
desire to pay down the outstanding debt for the PID and create a new financial
mechanism for the remainder of the development. The tool being pursued is a Municipal
Utility District (MUD). While there are components of the development agreement that
speak to issues relative to the PID, the MUD, utility service impact fees, and considerations
of wastewater treatment, staff is asking the commission to provide consideration and
Attachment number 1 \nPage 2 of 5
Item # L
Planning and Development Staff Report
Cimarron Hills Amended and Restated Development Agreement Page 3 of 5
recommendation of the development‐related issues such as parkland, land use,
transportation, and tree protection.
The Commission has recently considered development agreements and has an
understanding of their necessity in certain situations. Cimarron Hills is a development that
could not have been achieved without a document such as this and cannot proceed
forward with their development plan without the tweaks being made to these companion
agreements. This is a true ETJ subdivision without zoning due to its distance from the city
limits, yet the development is served with City wastewater utilities due to an on‐site
treatment plant that bears its name. The Commission should view this agreement as an
amendment to the preceding documents and not as a new development project.
The parts of the agreement pertaining to development‐related issues are highlighted in the
document in Articles I, II, and III. The remaining articles contain provisions that are being
addressed by other City boards, departments, and or focus on legal rights and
requirements. Below are the high points of the development provisions that differ in some
way to the existing entitlements for Cimarron Hills:
Approximately 155 acres of additional land is being added to the development
agreement. Large lot residential is the planned land use. Wastewater capacity and
expansion of the treatment plant are addressed in this agreement and can be
accommodated according to the relevant provisions.
Residential lots will increase from the prior‐approved 606 to 898.
Parkland dedication for the new section will be accomplished through fees‐in‐lieu
of land dedication.
Tree protection will include Heritage Trees, per the Second Amendment.
Roadway standards and specifications will be retained as identified from the
original Concept Plan and previous agreement language.
Fire Flow will meet ISO standards.
2030 Plan Conformance
The proposed agreement is designated as Low Density Residential on the City’s Future
Land Use Plan. The proposal is consistent with this land use. The site is outside of the city
limits and is within Growth Tier #2, which in this case means that the City has an
agreement specifying utility service and incorporated into the City’s long‐range utility
master plans.
Utilities
Cimarron Hills is located within the Chisholm Trail S.U.D. water service area and receives
Georgetown wastewater. Both utilities are accounted for in this agreement and in a
separate agreement with Chisholm. There will be system improvements needed for plant
expansion and this agreement addresses those stipulations. Electric service provider is
Attachment number 1 \nPage 3 of 5
Item # L
Planning and Development Staff Report
Cimarron Hills Amended and Restated Development Agreement Page 4 of 5
Pedernales Electric Co‐op (PEC).
Transportation
The subdivision takes primary access off of SH 29 and has planned for an additional 6
public street access points to neighboring properties and developments. There have been
comments received and some discussion pertaining to Lightning Ranch Road, an existing
private drive on the Jensen property that will be incoporated into the public street system
of Cimarron Hills. This roadway is a secondary access route for residents living in the
Cedar Hollow subdivision to the east. Once it becomes public, it will be open to access
from either side; whether adjacent private property owners will allow access beyond that
is a private matter. Until Lightning Ranch becomes a dedicated public street, it remains at
the discretion of the property owner to allow the road to be utilized.
This agreement retains the Service Improvements Program (SIP) fee that essentially
accounts for roadway impacts outside of the subdivision. Due to the existence of this fee,
an updated Traffic Impact Analysis (TIA) is not required for this amendment.
Roadway standards, including cross‐sections, lighting, signage, etc. are addressed in some
respects in the agreement, where differing from established specifications of the City of
Georgetown. The streets will be maintained by Williamson County, as they have been
since the first phase of development.
Future Application(s)
No further applications are required as a result of this document, but Preliminary and
Final Plats will be necessary for each phase of development, per UDC regulations.
Staff Analysis
Staff recommends approval of the agreement, based on consistency with the
comprehensive plan, the continued progress of an existing development, the wastewater
utility provisions, and the external consideration of the benefits to the City of a change of
financial mechanism to fund certain public improvements. The developer has asked for
very few variances from UDC standards in the original approvals and does not ask for any
significant considerations through this amendment.
Inter Departmental, Governmental and Agency Comments
None
Public Comments
A total of 33 notices were sent out to property owners within 200 feet of the proposed
rezoning. Public notice was posted in the Sun newspaper on September 16, 2012. Staff has
received one comment letter as of the writing of this report. It is attached in this packet.
Attachment number 1 \nPage 4 of 5
Item # L
Planning and Development Staff Report
Cimarron Hills Amended and Restated Development Agreement Page 5 of 5
The letter was written by an adjacent property owner requesting that a street access point
from Cimarron Hills to their property be included in the Master Plan for this agreement.
This request was communicated to the applicant and they agreed to make the additional
street stub in time for inclusion in the exhibits.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use Map
Exhibit 3 – Zoning Map
Exhibit 4 – Aerial Map (2012)
Applicant Request Letter
Development Agreement
Development Agreement Exhibit A – Original Project Lands – Legal Description
Development Agreement Exhibit B – Additional Project Lands – Legal Description
Development Agreement Exhibit C – Sketch of Property
Development Agreement Exhibit D – Master Plan
Development Agreement Exhibit E – MUD Project Lands
Citizen Comment Letter
Meetings Schedule
October 2, 2012 – Planning and Zoning Commission
October 23, 2012 – City Council Public Hearing and Final Consideration
Attachment number 1 \nPage 5 of 5
Item # L
C I T Y O F
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LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1DA-2012-004
DA-2012-004
Attachment number 2 \nPage 1 of 4
Item # L
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Exhibit #2DA-2012-004
DA-2012-004
Attachment number 2 \nPage 2 of 4
Item # L
C I T Y O F
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THE STATE OF TEXAS § AMENDED AND RESTATED
§ DEVELOPMENT AGREEMENT
COUNTY OF WILLIAMSON § CONCERNING THE
§ CIMARRON HILLS SUBDIVISION
CITY OF GEORGETOWN §
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (“Agreement”) is
between the City of Georgetown, Texas, a home rule municipal corporation (“City”), and
Cimarron Hills Development, L.L.C., an Arizona limited liability company (“Developer”),
entered into pursuant to the authority granted to the City by its powers as a home‐rule
municipal corporation.
WHEREAS, the City and Paloma Cimarron Hills, L.P. (“Paloma”), the predecessor‐in‐
interest to the Developer, entered into that certain “Development Agreement Concerning
Proposed Subdivision and Construction of Cimarron Hills Subdivision” dated February 24,
2000 and recorded as Document No. 2000012127 of the Official Property Records of
Williamson County, Texas (the “Development Agreement”), which has been amended by the
following: (i) that certain “First Amendment to Development Agreement Concerning
Proposed Subdivision and Construction of Cimarron Hills Subdivision” dated August 8,
2000 and recorded in the Official Property Records of Williamson County as Document No.
2000052343 (the “First Amended Development Agreement”); and (ii) that certain “Second
Amendment to Development Agreement Concerning Proposed Subdivision and
Construction of Cimarron Hills Subdivision” dated March 21, 2012 and recorded in the
Official Property Records of Williamson County as Document No. 2012020883 (the “Second
Amended Development Agreement”). The Original Development Agreement, as replaced by
the First Amended Development Agreement and amended by the Second Amended
Development Agreement, are collectively referred to herein as the “Original Development
Agreement”;
WHEREAS, the Original Development Agreement provided for the development of
approximately 813 acres of land as more fully described by metes and bounds in Exhibit
“A” (the “Original Project Lands”);
WHEREAS, proximate to the time of the City’s approval of the Original Development
Agreement, the City also approved the creation of a Public Improvement District (“PID”)
over the Original Project Lands and levied assessments to pay for the construction of
certain public improvements for the benefit of the Original Project Lands pursuant to
Chapter 372 of the Texas Local Government Code;
WHEREAS, the buildout of the Original Project Lands did not occur as rapidly as
anticipated at the time of the Original Development Agreement, and only the 273.89 acre
golf course, golf clubhouse, community center, and 319 of the anticipated 606 residential
lots have been finally platted on the Original Project Lands;
WHEREAS, Developer has acquired all of the rights, title and interest of Paloma
under the Original Development Agreement;
Attachment number 4 \nPage 1 of 32
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WHEREAS, Developer has also acquired approximately 155 acres of additional land
located adjacent and contiguous to the Original Project Lands (the “Additional Project
Lands”) as more fully described by metes and bounds on in Exhibit “B” ;
WHEREAS, Developer now desires to include the Additional Project Lands in this
Development Agreement and to develop the Original Project Lands and the Additional
Project Lands in a generally consistent manner and in accordance with the terms and
conditions set forth herein. The Original Project Lands and the Additional Project Lands
consist of approximately 963 acres of land, are referred to collectively herein as the
“Property,” and the Property is shown by sketch on Exhibit “C”;
WHEREAS, Developer has also requested the City’s consent to create a municipal
utility district over a portion of the Property consisting of the Undeveloped Project Lands
(as defined herein) and the Additional Project Lands. The terms and conditions of the
City’s consent to the creation of a municipal utility district are more particularly described
in the Consent Agreement between the City and Developer, executed to be effective on even
date herewith;
WHEREAS, pursuant to Texas Local Government Code § 212.172, the City has the
authority to specify uses and development of land located within its extraterritorial
jurisdiction;
WHEREAS, the Developer and the City have determined that the continued
development of the Property is best accomplished through a development agreement;
WHEREAS, the City and Developer seek to amend and restate the Original
Development Agreement due to changed conditions in the real estate and financial
markets, to add the Additional Project Lands, to acknowledge creation of a public
improvement district on the Original Project Lands, to acknowledge the creation of a new
municipal utility district on the MUD Lands (herein defined) , and to specify the
development requirements of the City with respect to the Property;
WHEREAS, the City and Developer agree that the development requirements of the
City and this Agreement substantially advance a legitimate interest of the City. The
Agreement will also provide for regulatory certainty throughout the term of this
Agreement, and will provide a high‐quality Project for the present and future benefit of the
City.
NOW, THEREFORE, for good and in consideration of the promises and the mutual
agreements set forth herein, the City and Developer hereby agree as follows:
Article I.
Definitions.
Attachment number 4 \nPage 2 of 32
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Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have
the following respective meanings where they appear with their initial letters capitalized,
unless otherwise specifically provided or unless the context in which they appear
otherwise requires:
“Additional Project Lands” shall mean that certain portion of the Property consisting
of approximately 149.89 acres of land described by metes and bounds on Exhibit “B”.
“Commercial Project Areas” shall mean the Golf Course Improvements (herein
defined) and a sales office that are existing on the Property as of the Effective Date.
“Developed Project Lands” shall mean that certain portion of the Original Project
Lands (herein defined) described in Section 2.05(a) of this Agreement consisting of
approximately 440.22 acres of land for which final subdivision plats have been approved
by the City and recorded in the Official Records of Williamson County as of the Effective
Date, and which are shown by sketch on Exhibit “C.”
“Effective Date” shall mean the latest date accompanying the signature lines below,
subject to fulfillment of the Conditions Precedent set forth in Section 9.19 of this
Agreement.
“Existing Wastewater Treatment Plant” shall mean and include the 0.2 Million
Gallons per Day (“MGD”) Cimarron Hills Wastewater Treatment Plant and associated
effluent storage pond and other related appurtenances and improvements which are
further described as the “Interim I Phase” facility in Texas Commission on Environmental
Quality Permit No. WQ0014232001.
“Expanded Wastewater Treatment Plant” shall mean and include the 0.46 Million
Gallons per Day (“MGD”) Cimarron Hills Wastewater Treatment Plant and associated
effluent storage pond(s) and other related appurtenances and improvements to be
constructed after the Effective Date , which are further described as the “Final Phase”
facility in Texas Commission on Environmental Quality Permit No. WQ0014232001.
“Golf Course Improvements” shall mean and include the (i) 273.89 acre Cimarron
Hills Country Club golf course, (ii) a clubhouse facility and a community center
(constructed within the Property by Developer’s predecessor‐in‐interest and in existence
on the Effective Date), and (iii) a temporary maintenance facility (to be relocated and
replaced by a permanent maintenance building).
“Interim Wastewater Treatment Plant” shall mean and include the 0.24 Million
Gallons per Day (“MGD”) Cimarron Hills Wastewater Treatment Plant and associated
effluent storage pond(s) and other related appurtenances and improvements which are
further described as the “Interim II Phase” facility in Texas Commission on Environmental
Quality Permit No. WQ0014232001.
“Major Modification” shall mean and include all modifications to the Master Plan that
are not Minor Modifications.
Attachment number 4 \nPage 3 of 32
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“Master Plan” shall mean the land use plan for the Property attached hereto as
Exhibit “D”.
“Minor Modifications” shall mean changes to the Master Plan pertaining to the
general location of internal roadways and trails, open space, and parkland that are needed
in order to protect natural features, address unusual site conditions, or compensate for
some practical difficultly or some unusual aspect of the Property affecting the location of
roadways, trails, open space, or parkland. Removal or significant change in location of any
external roadway access point depicted on the Master Plan shall not be considered a Minor
Modification.
“MUD” shall mean a municipal utility district created on the MUD Lands pursuant to
the terms of that certain Consent Agreement made to be effective on even date herewith.
“MUD Consent Agreement” shall mean that certain Consent Agreement between the
City and the Developer consenting to the creation of a municipal utility district on the MUD
Lands containing the terms and conditions of the City’s consent, made to be effective on
even date herewith.
“MUD Lands” shall mean that certain real property consisting of: (i) all of the
Undeveloped Lands save and except the land described in Section 2.05(b)(i) and (b)(ii) of
this Agreement and save and except the 273.89 acre Cimarron Hills Country Club golf
course, and (ii) the Additional Project Lands. The MUD Lands consist of approximately
376.12 acres and are shown by sketch on Exhibit “E” and are more particularly described
in the MUD Consent Agreement.
“Offsite Facilities” shall mean all water, wastewater, roadways, landscaping and
drainage facilities outside the Property necessary to serve the Property.
“On‐Site Facilities” shall mean all water, wastewater, roadways, landscaping and
drainage facilities internal to the Property that are necessary to serve the Property.
“Open Space Areas” shall mean the 11.92 acres of land labeled as “Open Space” on
the Master Plan attached as Exhibit “D.”
“Original Project Lands” shall mean that certain 813 acre portion of the Property
described by metes and bounds on Exhibit “A” and shown by sketch on Exhibit “C,” the
development of which was the subject of the Original Development Agreement. The
Original Project Land includes all of the Developed Project Lands and the Undeveloped
Project Lands, and is synonymous with the “PID Lands.”
“Parkland” shall mean the 4.0 acres of land labeled as “Parkland” on the Master Plan
attached as Exhibit “D”, and which was previously dedicated to the City as parkland by the
Developer’s predecessor in interest.
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“PID” shall mean the Cimarron Hills Public Improvement District previously created
over the Original Project Lands by the City pursuant to Resolution No. 200808‐S passed by
the City Council of the City of Georgetown on August 8, 2000.
“PID Lands” shall mean the land included in the PID, which consists of and is
synonymous with the Original Project Lands.
“Project” shall mean the development of the Property in accordance with the terms
and conditions of this Agreement.
“Property” shall mean that certain 963 acres of land, more or less, described by
metes and bounds on Exhibits “A” and “B” and shown by sketch on Exhibit “C”, consisting
of the Original Project Lands and the Additional Project Lands.
“TCEQ Permit” means TCEQ Permit No. WQ0014232001, as the same may be renewed,
revised or amended from time to time.
“Undeveloped Project Lands” shall mean that portion of the Original Project Lands
that is not included within the Developed Project Lands, and for which, as of the Effective
Date, no final plat (except Phase 1, Section 5, Block D, Lot 2) has been recorded in the
Official Records of Williamson County, and which is shown by sketch on Exhibit “C”.
“Service Unit” shall have the same meaning as the term “Service Unit” in Chapter
13.32 of the City’s Code of Ordinances, as the same may be amended from time to time.
“UDC” shall mean the City of Georgetown’s Unified Development Code.
Article II.
Master Plan/Compliance with UDC/General Project Standards
Section 2.01 Master Plan. The City hereby approves the Master Plan for the Property
which is attached hereto as Exhibit “D”. The City acknowledges that the Master Plan
complies with the City’s Comprehensive Plan, and approves the land uses, number of
residential lots, size and location of the golf course and related facilities, size and location of
the Parkland, Open Space Land, Roadway Network, trail alignments and sizings, and
roadway connections to adjacent properties as shown on the Master Plan. All future
development within the Property shall comply with the Master Plan, the UDC (as modified
by this Agreement), applicable City ordinances, and the terms of this Agreement.
Section 2.02 Modifications to Master Plan. Due to the fact that the Property comprises a
significant area and its development will occur in phases over a number of years,
modifications to the Master Plan may become necessary or desirable. The Developer may
request modifications to the Master Plan. Minor Modifications (as defined in Section 1.01
of this Agreement) may be approved administratively by the City’s Director of Planning.
Major Modifications (as defined in Section 1.01 of this Agreement) must be approved as an
amendment to this Agreement by the City Council. All Minor Modifications and Major
Attachment number 4 \nPage 5 of 32
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Modifications to the Master Plan shall be recorded by the City at Developer’s expense in the
Official Records of Williamson County and thereafter all references in this Agreement to the
Master Plan and to Exhibit “D” shall refer to the then most current City‐approved and
recorded Master Plan.
Section 2.03 Compliance with the UDC and Title 15 of the City’s Code of Ordinances.
Except as specifically adjusted or modified by this Agreement, the Property shall be
developed in compliance with the applicable provisions of the UDC, and Title 15 of the
City’s Code of Ordinances, as the same may be amended from time to time, subject to
Section 8.02 of this Agreement.
Section 2.04 Number of Residential Lots. The total number of single family residential
lots to be platted on the Property shall not exceed EIGHT HUNDRED NINETY EIGHT (898),
at least TWO HUNDRED EIGHTY SEVEN (287) of which shall be located within the
Undeveloped Project Lands. No development other than single family development on
single family lots, and the public transportation and utility improvements related thereto
(including any improvements related to the Expanded Wastewater Treatment Plant) and
construction of one (1) permanent maintenance building shall be allowed on the Property.
The City acknowledges the existence of a 273.89 acre golf course, golf clubhouse,
community center, temporary maintenance building (to be replaced by the permanent
maintenance building), sales office (model home) and Existing Wastewater Treatment
Plant constructed on the Property.
Section 2.05 Platting.
(a) Developed Project Lands. The City acknowledges that the following final plats have
been approved and recorded, and that the land collectively described therein
constitutes the Developed Project Lands:
(i) Phase One, Section One‐ 38 residential lots
(ii) Phase One, Section Two‐ 41 residential lots
(iii) Phase One, Section Three‐ 56 residential lots
(iv) Phase One, Section Four‐ 1 residential lot (Entry model/Welcome Center)
(v) Phase One, Section Five‐ Golf Clubhouse and Community Center
(vi) Phase One, Section Six‐ Wastewater Treatment Plant and Effluent Holding
Pond Site
(vii) Phase One, Section Seven‐ 1 residential lot (original ranch house)
(viii) Phase Two, Section One‐ 45 residential lots
(ix) Phase Two, Section Two‐ 71 residential lots
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(x) Phase Three, Section One‐ 12 residential lots (Villas at Cimarron Hills PUD);
(xi) Phase Three, Section Two‐ 54 original lots; and
(xii) Phase Five, Section One‐ 5 golf course lots.
(b) The Parties acknowledge and agree that, as of the Effective Date, the following plats
have been approved by the City Council but have not yet been recorded in the
Official Records of Williamson County:
(i) Replat of Phase Three, Section Two‐ 104 residential lots; and
(ii) Phase Three, Section Three‐ 43 residential lots.
The Developer acknowledges and agrees that plat described above in Section
2.05(b)(i) will expire and be of no further force or effect if not properly recorded in
the Official Records of Williamson County before 10/4/2013, and that the plat
described above in Section 2.05(b)(ii) will expire and be of no further force or
effect if not properly recorded in the Official Records of Williamson County before
11/01/2013.
(c) Developer shall obtain approvals for all development activities within the Property
as required by the UDC and this Agreement. Developer shall pay the applicable City
application and other fees that are in effect City‐wide on the date such applications
are filed for such future development approvals.
Section 2.06 Impervious Cover Limitation. The impervious cover limits for the Project
shall meet the standards of the UDC.
Section 2.07 Roadway Network.
(a) A Roadway Network (herein so called) showing the major type/level, approximate
location, and connectivity to adjacent lands, of all major streets within the Property
is shown on the Master Plan attached hereto as Exhibit “D.”
(b) The City and Developer agree that, except for Main Entry Drive (defined in Section
3.04(a)(i) of this Agreement) the remaining roads on the Property shall be Local
Level Streets (as that term is defined in the UDC) constructed in accordance with the
standards set forth in the UDC, except as specifically modified by Section 3.04 of
this Agreement.
Section 2.08 Parkland, Open Space and Trail Network.
(a) The City acknowledges that the existing 4.0 acres of dedicated parkland satisfies all
public parkland dedication requirements with respect to the Developed Project
Lands.
Attachment number 4 \nPage 7 of 32
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(b) The City agrees that in lieu of additional public parkland dedication associated with
the Undeveloped Project Lands and the Additional Project Lands, Developer shall:
(i) Restrict the use of 11.92 acres of land within the Property for use as open
space land, said Open Space Land being in the general location shown on
Exhibit “D.” Public access to the Open Space Land shall be provided in
accordance with Section 13.05.020 of the UDC. All Open Space Land shall be
owned and maintained by Developer, Cimarron Hills Community Association,
Inc. or by the MUD, which shall furnish a maintenance bond in a form and
amount acceptable to the City for the maintenance of any improvements on the
Open Space Land; and
(ii) Pay a total of $73,000 (292 lots x $250=$73,000) as fees in lieu of parkland
dedication in one lump sum at the time of submittal of an application for a plat
for all or any part the Additional Project Lands. Developer agrees that the City
may use these fees for park purposes on any City‐owned parkland located
inside or outside of the Property.
(c) The City acknowledges the prior dedication by Developer of a public access
easement to the City, said public access easement being a total width of forty feet
(40’) centered on the center line of the Middle San Gabriel River, as generally shown
on the Master Plan, and described as running westerly from the eastern boundary of
the Property along the centerline of the Middle San Gabriel River to the western
boundary of the Property, including the full length of the Middle San Gabriel River
within the boundary of the Property. The City further acknowledges the prior
construction of a hike and bike trail by the Developer (or its predecessor) in such
lands.
(d) Within sixty (60) calendar days after substantial completion of each trail (or trail
section), Developer shall transfer same to either the MUD or to Cimarron Hills
Community Association, Inc. for acceptance and maintenance. Developer shall
continue to be responsible for maintenance of each trail until such time as the
maintenance of the trails is transferred to the MUD or Cimarron Hills Community
Association, Inc.
Section 2.09 Annexation. The City and the Developer agree that each application for a
preliminary plat approval for any plat on the Property shall be deemed to be a petition for
voluntary annexation, and in accordance with Section 43.021 of the Texas Local
Government Code, Developer also agrees not to object to the annexation of land within the
Property that has been previously platted. Developer acknowledges and agrees that the
City may defer annexation of some or all of the Property until annexation of contiguous
properties is feasible or as otherwise provided in the MUD Consent Agreement.
Section 2.10 School Tract. Although nothing in this Agreement requires or allows the
Developer to reserve land for school purposes, and as of the Effective Date the Parties are
not aware of any plans by an Independent School District to construct a public school on
Attachment number 4 \nPage 8 of 32
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the Property, if an Independent School District does acquire land within the Property for
school purposes, the following provisions shall apply:
(a) One area consisting of at least ten (10) and up to fourteen (14) acres shall be
reserved (i.e. not developed, leased, sold, or used for non‐school purposes) for use
as a public school by the applicable Independent School District (the “School
Tract”).
(b) Developer agrees that, any provisions in the UDC to the contrary notwithstanding,
the conveyance of the School Tract to the school district shall be subject to the
following terms and conditions:
(i) The School Tract shall not be conveyed by metes and bounds, but shall be
conveyed only after a final plat has been approved by the City and recorded
in the Official Records of Williamson County.
(ii) The School Tract shall not be on the Main Entry Street, but only on a Local
Level Street(s).
(iii) A Traffic Impact Analysis for the School Tract must be submitted with the
application for a preliminary plat for the School Tract.
(iv) Prior to the recordation of the final plat for the School Tract in the Official
Records of Williamson County, all easements shown on the plat must be
conveyed to the public entity having jurisdiction over the improvements to
be located in the easement either with the plat or by separate instrument,
and all transportation, traffic, drainage, stormwater, water and wastewater
improvements must either be substantially completed or fiscal security
posted therefor.
(v) The School Tract is subject to all Non‐Residential development standards of
the UDC and the preliminary and final plats (if applicable) for the School
Tract must include a plat notes so stating.
(vi) Developer shall pay, or cause to be paid, all Impact Fees associated with the
School Tract, and the City does not agree to waive the Impact Fees associated
with the School Tract.
Article III.
Development Standards
Section 3.01 Residential Development Areas. Development of the Residential
Development Areas shall be in accordance with the UDC.
Section 3.02 Commercial Development Areas. The City acknowledges construction by
the Developer’s predecessor in interest of a 273.89 acre golf course, golf clubhouse,
Attachment number 4 \nPage 9 of 32
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community center, temporary maintenance building, sales office (model home), and the
Existing Wastewater Treatment Plant on the Property. Except for public improvements
and construction of a new permanent maintenance building to replace the current
temporary maintenance building (and public schools, if any), no additional non‐residential
development shall be allowed on the Property.
Section 3.03 Tree Protection.
(a) The Parties acknowledge that Section 8.02.030(B)(1) of the UDC exempts from the
UDC’s tree protection requirements all residential subdivisions approved and
platted prior to February 13, 2007. Accordingly, except as provided herein, the
Developed Project Lands are not subject to the tree protection requirements of the
UDC.
(b) The Developer agrees that development within the following areas shall comply
with the applicable provisions of the UDC providing for tree protection, except as
modified herein:
(i) all lands described in Section 2.05(b)(i) and (b)(ii) of this Agreement; and
(ii) the Additional Project Lands.
(c) All development within the Property that is subject to the tree protection
requirements of the UDC shall comply with such requirements in all respects;
provided, however, that final subdivision plats shall not identify the size, type and
location of Heritage Trees (as defined in the UDC). The presence of Heritage Trees
on final plats shall be identified by plat note, the form of which is subject to the
City’s prior approval. The Developer agrees that preliminary plats for such lands
shall identify the size, type and location of Heritage Trees in accordance with the
UDC. In addition to the plat notes, the Developer may prepare and record restrictive
covenants (which shall be referenced on each final plat), the form of which shall be
subject to the City’s prior approval, providing for protection of all Heritage Trees
noted on the final plat.
(d) In the event that it is determined by a court of competent jurisdiction that a home
rule municipality in Texas does not have the authority to regulate or enforce tree
protection in the municipality’s extraterritorial jurisdiction, or the Texas Legislature
prohibits such enforcement, then the provisions of this Agreement providing for
tree protection shall be null and void for all purposes for so long as the Property
remains in the City’s extraterritorial jurisdiction.
Section 3.04 Roadway Standards (including Lighting).
(a) All streets within the Property will be classified as ”Local” level streets (as defined in
the UDC), and must meet the City’s standards applicable to Local level streets, with
the following exceptions:
Attachment number 4 \nPage 10 of 32
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(i) The main entry drive of Jack Nicklaus Blvd. from Highway 29 to the first
intersection (the “Main Entry Drive”) will be a modified Collector level street
having a right‐of‐way width of 400 feet;
(ii) Following the first intersection within the Property, the continuation of the
Main Entry Drive will continue westerly as a standard Collector level street
having a right‐of‐way width of 60 feet for a distance of approximately 7,200 feet
until it intersects with a local Loop street;
(iii) Following the first intersection within the Property, the continuation of the
Main Entry Drive will continue easterly as a standard Collector level street
having a right‐of‐way width of 60 feet for a distance of approximately 1,000 feet
until Blue Heron Lane.
(b) The Main Entry Drive shall have landscaped median of varying widths as allowed by
the applicable standards.
(c) The City may allow the minimum centerline radius for the Main Entry Drive to vary
depending on the topography, tree preservation, distance to intersections, and
deceleration/acceleration conditions of the roadway, as the City in its sole
discretion may determine.
(d) Golf cart crossings shall meet the American Association of State Highway and
Transportation Officials (AASHTO) standards.
(e) Block length shall not exceed 2,300 feet in length.
(f) Existing trees may remain and new trees may be installed in the street right‐of‐way
if a clear zone is maintained as required by the AASHTO manual, and in compliance
with the UDC. Heritage Trees (as defined in the UDC) shall be protected in
accordance with the UDC.
(g) Street lights shall be installed at maximum 320‐foot spacing on all streets. The
Developer may provide a pole and fixture of a design that conveys the image and
style of the project; however, the lamp will be high‐pressure sodium per City
standards. The Developer may also install other pedestrian and landscape lighting
to complement the project development. Replacement and maintenance of
nonstandard poles and fixture will be the sole responsibility of the Developer, and
the City shall have no responsibility therefor.
(h) Street and traffic signs are not required to conform to City street and traffic sign
standards. However, traffic control signs must conform to the Texas Uniform Traffic
Control manual standards. The Developer shall submit street and traffic sign
plans/designs with construction plans for the City’s review and approval.
Replacement and maintenance of nonstandard signs will be the sole responsibility
of the Developer, and the City shall have no responsibility therefor.
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(i) Within sixty (60) calendar days after substantial completion of each road (or
roadway section) in the Roadway Network, Developer shall transfer same to
Williamson County for acceptance and maintenance in accordance with all
applicable rules and requirements of Williamson County.
(j) The City acknowledges the prior construction of certain street and roadway
improvements by the Developer and its predecessor, and nothing in this Agreement
shall be construed to obligate or require the Developer or any other person or entity
to retrofit or replace any street improvements previously constructed within the
Property and accepted by Williamson County.
Section 3.05 Signage. Except as expressly allowed in Section 3.04 of this Agreement, all
signage on the Property shall meet the UDC standards pertaining to the relevant sign type.
Section 3.06 Construction Equipment and Material Storage Yards. Construction
equipment and material storage yards needed by Developer for construction of public
improvements on the Property are exempt from the landscaping requirements of the UDC,
but must be located at least 100 feet away from residential areas or screened from view of
residential areas with the use of berms, fences, or vegetation.
Section 3.07 Fire Flow. No plat for any portion of the Property shall be approved by the
City until Developer demonstrates, to the reasonable satisfaction of the City, that fire flows
conform to the applicable Insurance Standards Office (ISO) standards (based upon
proposed land use) in effect at the time that Developer files application(s) for preliminary
plat approval. In the event of a conflict between Article VIII (Vesting) of this Agreement
and this Section, this Section shall prevail so that the most current fire flow standards are
implemented at the time of preliminary plat application consideration.
Article IV.
Utility Facilities
Section 4.01 Construction of On‐Site Facilities. The Developer shall construct all On‐
Site Facilities that are necessary to serve the Property, including the drainage system and
storm water management improvements; the water system and all associated piping,
valves, and hydrants within designated easements or rights of way up to the customer side
of the meter; and the wastewater system, including all piping, manholes, and lift stations
located on City, County or MUD property or within designated easements or rights of way
up to the point of service entry by a single customer. These On‐Site Facilities will be
designed and constructed in accordance with the ordinances, rules and regulations of the
City and any other governmental agency with jurisdiction.
Section 4.02 Ownership, Operation and Maintenance of On‐Site Facilities.
(a) Within ninety (90) calendar days of its completion or acquisition of any On‐Site
Facilities, the Developer will convey them free of all liens and encumbrances to the
City or Chisholm Trail Special Utility District (for water facilities), as applicable,
subject to (i) the reservation of sufficient capacity interest in the On‐Site Facilities
Attachment number 4 \nPage 12 of 32
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for service to the MUD Lands in accordance with the terms of this Agreement, and
(ii) the Developer’s right to reimbursement from the MUD for the cost of the MUD’s
reserved capacity interest with respect to facilities located within, or serving, the
MUD Lands. For On‐Site Facilities conveyed to the City, the City agrees to accept
said On‐Site Facilities for operation and maintenance upon completion of
construction, release of all liens, and the assignment of one‐year maintenance bonds
from the construction contractor to the City.
(b) The City hereby consents to the sale and assignment by the Developer of its rights to
Developer’s capacity interest in the On‐Site Facilities serving the MUD Lands to the
MUD for the provision of service to the MUD Lands. The Developer’s capacity
interest in such On‐Site Facilities may be not be used or assigned by Developer to
any real property other than the MUD Lands without the prior written consent of
the City.
Section 4.03 Offsite Facilities. Except as set forth in Section 4.04 of this Agreement, the
Parties agree that no Offsite Facilities are required for service by the City to the Property.
Section 4.04 Wastewater Facilities.
(a) General. The Parties agree that:
(i) Developer’s predecessor‐in‐interest constructed the Existing Wastewater
Treatment Plant pursuant to the Original Development Agreement and
conveyed those improvements to the City.
(ii) As of the Effective Date, the Existing Wastewater Treatment Plant is not
adequately sized and rated to serve 898 Service Units, but will be adequately
sized and rated to serve the 898 Service Units after the construction by
Developer of the Effluent Storage Improvements pursuant to Section
4.04(b)(ii) of this Agreement and improvements, if any, that TCEQ may require
the City to make to increase the rating of the plant to the Interim Wastewater
Treatment Plant size (i.e., to 0.24 MGD).
(b) Wastewater Service. The Parties agree that:
(i) Developer has a capacity interest in the Existing Wastewater Treatment
Plant for the 319 Service Units on the Developed Project Lands for the final
approved and recorded plats described in Section 2.05(a) of this Agreement,
said capacity interest consisting of 82,940 gpd (319 Service Units x 260 gpd per
Service Unit = 82,940 gpd).
(ii) Developer hereby agrees to design and construct, or cause to be designed
and constructed, at Developer’s sole cost and expense, one or more additional
treated effluent storage ponds and/or additional capacity in the existing
effluent storage pond (the “Effluent Storage Improvements”) on the Property in
compliance with TCEQ regulations and the TCEQ Permit and adequately sized
Attachment number 4 \nPage 13 of 32
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for the Interim Wastewater Treatment Plant, as more fully set forth on Exhibit
G, and to cause the Effluent Storage Improvements to be completed before the
average daily flow for the Existing Wastewater Treatment Plant exceeds
150,000 gpd in a monthly reporting period for three (3) consecutive months.
Construction plans for the Effluent Storage Improvements must be reviewed
and approved by the City prior to submission to the TCEQ. If TCEQ approval, or
an amendment or modification to the TCEQ Permit is required for the Effluent
Storage Improvements, Developer shall be solely responsible for all costs and
fees associated with securing such TCEQ approval, permit amendment or
modification. Except as otherwise agreed by the Parties, the requested
approval, amendment or modification shall be limited to the Effluent Storage
Improvements for which Developer is responsible under this Agreement.
During construction of the Effluent Storage Improvements, the Developer
agrees to coordinate construction activities with the City’s Development
Engineer so as to minimize impact of the construction on the operation of the
Existing Wastewater Treatment Plant. During construction, the City shall have
the right to inspect the Effluent Storage Improvements, and the Developer must
secure a successful final inspection from the City prior to the acceptance of the
Effluent Storage Improvements by the City. Upon completion of construction of
the Effluent Storage Improvements and acceptance of same by the City, the
Developer shall convey a leasehold interest to the City for all lands where the
Effluent Storage Improvements are located, along with easement rights for the
City to have reasonable access to the Effluent Storage Improvements for the
purposes of operation and maintenance to the extent access is not available
from a public road. The Parties agree that the access route shall be located so
as to minimize any disruption of play to the Cimarron Hills Country Club golf
course. The exact acreage to be leased by the Developer to the City shall be
sufficient to meet all TCEQ requirements and all requirements of the TCEQ
Permit. The Parties agree that they shall each take all actions necessary to
either amend the lease attached hereto as Exhibit H to include the Effluent
Storage Improvements, or execute a separate lease having terms consistent
with that lease and with all applicable TCEQ requirements.
(iii) Before the election confirming the creation of the MUD on the MUD Lands,
Developer shall convey to the City at no cost to the City and by General
Warranty Deed the following platted lot and any and all improvements located
thereon: Cimarron Hills Phase 1 Section 6 PUD, Block E, Lot 2, (Part) consisting
of approximately 7.11 acres, more or less (said property being the location of
the Existing Wastewater Treatment Plant) (the “Plant Site”). The Developer
shall provide a title insurance policy to the City insuring the City’s record title to
the Plant Site, and shall pay all property taxes and closing costs so that the City
takes the Plant Site free of all taxes and liens. The deed shall be in a form
approved by the City. All pre‐ and post‐closing taxes and all closing costs shall
be borne solely by the Developer. In addition, Developer shall grant easement
rights for the City to have reasonable access to the Plant Site to the extent
access is not available from a public road. No City approvals for development
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of any part of the Property shall be issued unless and until the Plant Site and all
necessary access easements are properly conveyed to the City.
(iv) Developer expressly acknowledges and agrees that no plats for the Property
shall be approved for more than a total of 607 Service Units (606 single family
residential lots) unless and until:
i. The Effluent Storage Improvements have been constructed by the
Developer and accepted for operations by the City and the improvements
necessary for the Interim Wastewater Treatment Plant, if any, have been
constructed by the City and the Interim Wastewater Treatment Plant is
operational; or
ii. The Expanded Wastewater Treatment Plant otherwise has been
constructed pursuant to the “Development Agreement Concerning the Oaks
at San Gabriel Subdivision,” as amended, and the “Offsite Utility
Construction and Cost Reimbursement Agreement Concerning the Oaks at
San Gabriel Subdivision,” as amended, between the City and Oaks at San
Gabriel LLC, and the Expanded Wastewater Treatment Plant has been
accepted by the City for operations. Both Parties acknowledge and agree
that neither the City nor Developer have an obligation under this
Agreement or otherwise to construct the Expanded Wastewater Treatment
Plant.
(v) In consideration of the construction of the Existing Wastewater Treatment
Plant by Developer’s predecessor in interest, the Parties agree that Developer
has a capacity interest in the Existing Wastewater Treatment Plant for a total of
607 Service Units (157,820 gpd) to be located within the Property (607 Service
Units x 260 gpd per Service Units = 157,820 gpd).
(vi) In consideration of Developer’s construction of the Effluent Storage
Improvements and conveyance of a leasehold interest in the Effluent Storage
Improvements to the City as required by Section 4.04(b)(iii) of this
Agreement, and upon payment of the then current South San Gabriel
Wastewater Impact Fees for the Expanded Wastewater Treatment Plant (less
the treatment portion of that fee) by or on behalf of the applicant for service,
Developer will have a capacity interest in the Expanded Wastewater Treatment
Plant for the number of Service Units stated in Section 4(b)(v), above plus the
number of Service Units for which such impact fees have been paid pursuant to
Section 6.01(b) of this Agreement, to a maximum total of 233,480 gpd (898
Service Units x 260 gpd per Service Unit = 233,480 gpd) on the Property.
(vii) The level of wastewater service to the Property shall not exceed of 233,480
gpd (898 Service Units x 260 gpd per Service Unit = 233,480 gpd). As
wastewater service connections are approved by the City, Developer’s capacity
interest in the level of wastewater service for the Property shall decrease by an
Attachment number 4 \nPage 15 of 32
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amount that corresponds to such service connections being served within the
Property by the City.
(c) The Parties further agree that, upon the occurrence of the events described in
Sections 4.04(b)(ii), (iii), and (iv) of this Agreement, 319 Service Units shall be
allocated to the Developed Project Lands, 580 Service Units shall be allocated to the
Undeveloped Project Lands, of which amount 537 Service Units (the “MUD
Wastewater Capacity”) shall be allocated to the MUD Lands.
(d) The City hereby consents to the sale and assignment by the Developer of its rights to
the MUD Wastewater Capacity interest to the MUD for the provision of service to the
MUD Lands. The MUD Wastewater Capacity interest may be not be used or assigned
by Developer to any real property other than the MUD Lands without the prior
written consent of the City.
Section 4.05 On‐Site Sewage Systems (Septic Systems). No on‐site sewerage systems
(septic systems) are permitted on the Property.
Article V.
Retail Utility Services and Other Services
Section 5.01 Retail Water Services. The Property is located in the certificated water
service area of Chisholm Trail Special Utility District (“CTSUD”), and the City shall have no
responsibility for the provision of retail water services to the Property.
Section 5.02 Retail Wastewater Services. Subject to Section 4.04 of this Agreement,
retail wastewater service to the Property shall be provided by the City on the same terms
as the City’s other retail wastewater customers located outside of the City limits, except
with respect to the payment of impact fees (as hereinafter set forth in Section 6.01(b) of
this Agreement). The City’s pretreatment standards shall also apply to all wastewater
received from customers located within the Property. Retail customers within the
Property shall pay the applicable sewer rates for customers located outside of the City
limits. The minimum monthly service charge for wastewater utility service set forth in the
Original Development Agreement shall no longer apply commencing on the Effective Date.
Section 5.03 Garbage Services. Garbage pickup services may be provided by the City’s
solid waste service provider as set forth in the City’s Code of Ordinances Chapter 13.12, as
the same may be amended from time to time.
Section 5.04 Police, Electric, and Emergency Medical (EMS) Services. The Developer
acknowledges and agrees that the City shall not provide police, electric, and EMS services
to serve the Property, and the City shall have no responsibility therefor.
Section 5.05 Transportation. The City shall collect a transportation service
improvements program (SIP) fee of $950.00 per residential lot, which SIP fee is due and
must be paid at the time of application for a plumbing permit for any residential unit on the
Property.
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Section 5.06 Effluent Storage and Disposal. As set forth in more detail in the Lease
Agreement attached hereto as Exhibit H, Developer acknowledges and agrees that it has
the obligation to store all treated effluent generated by the Existing Wastewater Treatment
Plant and the Interim Wastewater Treatment Plant in the existing effluent holding pond
and Effluent Storage Improvements, and to dispose by irrigation on those portions of the
Property currently authorized in the TCEQ Permit to be irrigated with treated effluent from
the Existing Wastewater Treatment Plant, the Interim Wastewater Treatment Plant, and
the Expanded Wastewater Treatment Plant, all in accordance with the terms of the TCEQ
Permit and the Lease Agreement. The City acknowledges and consents to Developer’s use
of treated effluent for irrigation purposes as more fully set forth in the Reclaimed Water
Agreement attached hereto as Exhibit I. Other than the effluent storage pond existing on
the Property on the Effective Date and the Effluent Storage Improvements (described in
Section 4.04 of this Agreement) to be constructed on the Property to serve the Existing
Wastewater Treatment Plant and the Interim Wastewater Treatment Plant, no additional
effluent storage ponds will be located on the Property The City further agrees that it will not
file an application to amend the TCEQ Permit that would require Developer to dispose of more
than 0.46 MGD of treated effluent on the portions of the Property authorized by the current
TCEQ Permit to be irrigated with treated effluent, to change the type of turf grass on the
Property, or increase the irrigation application rates without Developer’s prior written consent,
unless such amendment is required by federal or state law or regulation or court order.
Section 5.07 Termination of License Agreement. Developer shall retain ownership of
the land upon which the existing effluent storage pond has been constructed; therefore, the
August 8, 2000 License Agreement between the City and Developer’s predecessor in
interest pertaining to the use by Developer of said land for non‐conflicting golf course
purposes is no longer necessary. The Parties hereby agree to execute the attached
Termination of License Agreement attached hereto as Exhibit J to be effective on even date
herewith.
Article VI.
Other Payments and Fees.
Section 6.01 Impact Fees. The impact fees associated with development of the Property
shall be as follows:
(a) For water, no impact fees shall be paid to the City for so long as CTSUD is the retail
water service provider.
(b) For wastewater facilities, in consideration of the construction of the Existing
Wastewater Treatment Plant by Developer’s predecessor‐in‐interest, no wastewater
impact fees shall be charged for the first 607 residential Service Units connected on
the Property. However, each applicant for wastewater service for all Service Units
connected on the Property greater than 607 residential Service Units shall pay
impact fees in the amount of the then current South San Gabriel Wastewater Impact
Fees for the Expanded Wastewater Treatment Plant (less the treatment portion of
that fee).
Attachment number 4 \nPage 17 of 32
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(c) The City agrees that the Developer or the MUD may (but shall not be obligated to)
pre‐pay impact fees, in which event the City shall not collect impact fees from new
applicants for service for whom prepayment was made.
Section 6.02 Other Fees. Unless specifically stated otherwise herein, all City fees shall be
applicable to and paid by Developer as set forth in the relevant City ordinance, rule, policy
or the UDC.
Article VII.
Municipal Utility District and Public Improvement District Matters
Section 7.01 Municipal Utility District. On even date herewith, the City Council has
approved the Consent Agreement authorizing the creation of the MUD over the MUD Lands
under the terms and conditions more particularly set forth therein. The City hereby
consents to the reimbursement by the MUD of costs incurred by the Developer (or its
predecessor), whether prior to or after the effective date of this Agreement, related to the
construction of facilities and/or service to the MUD Lands, to the maximum extent
authorized under the Consent Agreement and the rules of the Texas Commission on
Environmental Quality or laws of the State of Texas, including, without limitation, costs
associated with the construction of roads, with the wastewater treatment plant, and
construction of water, wastewater and drainage infrastructure serving the MUD Lands.
Section 7.02 Public Improvement District.
(a) The Parties mutually acknowledge the prior creation by the City of the PID over the
PID Lands in accordance with Chapter 372, Texas Local Government Code. The City
acknowledges and affirms its obligation to reimburse the Developer for costs of
public improvements (e.g., water, wastewater, irrigation, road and drainage
facilities) constructed for the benefit of the PID Lands (collectively, the “PID
Improvements”) up to a maximum of $14,498,914, utilizing PID assessments
collected by the City. The Developer acknowledges that the City has no obligation to
reimburse the Developer for such costs except through collected PID assessments,
or to reimburse developer for more than $14,498,914.
(b) The Parties agree as follows with respect to the reimbursement of Developer for PID
Improvement costs from future PID assessments:
(i) The City shall remit future assessment payments to the Developer (or
its assigns) upon Developer’s request but in no event more than four
(4) times each year until a total of $14,498,914 in PID assessments
has been reimbursed to the Developer (as described below).
(ii) The total amount of PID Improvement costs to be financed by PID
assessments, and the maximum amount reimbursable to Developer,
shall be equal to $14,498,914.
Attachment number 4 \nPage 18 of 32
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(iii) The PID Improvement costs and corresponding PID assessments
allocated over the Original Project Lands are set forth in Exhibit “F”
attached hereto.
(iv) The Developer shall pre‐pay all remaining PID assessments (
approximately $1,686,072) levied on Phase Three, Section Two of the
Original Project prior to recordation of the replat for such lands and in
no event later than the date on which an election is held for
confirming the creation of a MUD;
(v) The Developer shall pre‐pay all remaining PID assessments
(approximately $468,499) levied on Phase Three, Section Three of the
Original Project prior to recordation of a final plat for such lands and
in no event later than the date on which an election is held for
confirming the creation of a MUD; and
(vi) The Developer shall pre‐pay all PID assessments for all lands in
Benefit Area II (excluding the golf course) (approximately $2,567,140)
on or before the date that an election is held for confirming the
creation of a MUD.
(vii) The City agrees that as consideration for prepayment of the PID
assessments in accordance with Section 7.02(b)(iv)‐(vi) of this
Agreement, the Developer shall secure the contractual right to a
capacity interest in all other On‐Site Facilities financed by the prepaid
PID assessments, which capacity interest may be assigned or
conveyed by Developer to the MUD for service to the MUD Lands, but
which may not be assigned or conveyed to any other person or entity
or used for any other purpose. The MUD may purchase or reimburse
the Developer’s costs to the extent authorized by the rules of the
Texas Commission on Environmental Quality, or as otherwise may be
authorized under the laws of the State of Texas.
Article VIII.
Intent and Vesting of Rights
Section 8.01 Intent. Subject to Section 8.02 of this Agreement, the Parties intend that
this Agreement authorize certain land uses on the Property; development on the Property;
provide for the uniform review and approval of plats and development plans for the
Property; provide exceptions to certain ordinances; and provide other terms and
consideration, including the continuation of agreed upon land uses after the full annexation
of the Property. With respect to the Developed Project Lands, it is the intent of the Parties
that these vested development rights include the character of land uses and the
development of the Developed Project Lands in accordance with the standards and criteria
set forth in the Original Development Agreement and the UDC, as then in effect, except as
modified by this Agreement. With respect to the land described in Section 2.05(b)(i) and
Attachment number 4 \nPage 19 of 32
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(ii) of this Agreement, it is the intent of the Parties that these vested development rights
include the character of land uses and the development of said lands in accordance with the
standards and criteria set forth in UDC, as in effect on June 1, 2011 except as modified by
this Agreement. With respect to the MUD Lands, it is the intent of the Parties that these
vested development rights include the character of land uses and the development of the
MUD Lands in accordance with the standards and criteria set forth in this Agreement and
the UDC, as in effect on July 12, 2012, except as modified by this Agreement.
Section 8.02 Vesting of Rights.
(a) Each application for a City Permit (as hereinafter defined), including a Site Plan, that
may be filed with the City for the development, construction or operation of the
Project within the Developed Project Lands (excluding the land described in Section
2.05(b)(i) and (ii)) shall only be required to comply with, and shall be reviewed,
processed and approved, only in accordance with the UDC in effect on December 14,
1999, except as modified by the terms of this Agreement.
(b) Provided that the plats do not expire before the plat expiration dates set forth in
Section 2.05(b)(i) and (b)(ii) of this Agreement, each application for a City Permit
(as hereinafter defined), including a Site Plan, that may be filed with the City for the
development, construction or operation of the Project within the land described in
Section 2.05(b)(i) and (ii) of this Agreement shall only be required to comply with,
and shall be reviewed, processed and approved, only in accordance with the UDC in
effect on June 1, 2011, except as modified by the terms of this Agreement. If the
plats for the land described in Section 2.05(b)(i) and (ii) of this Agreement expire
before the plat expiration dates set forth in Section 2.05(b)(i) and (ii) of this
Agreement, each application for a preliminary plat, final plat and City Permit shall
be required to comply with the UDC in effect on the date of filing an application for
same.
(c) Each application for a City Permit (as hereinafter defined), including a Site Plan, that
may be filed with the City for the development, construction or operation of the
Project within the MUD Lands shall only be required to comply with, and shall be
reviewed, processed and approved, only in accordance with the UDC in effect on July
12, 2012, except as modified by the terms of this Agreement.
(d) For purposes of this Agreement, “City Permit” means a City license, certificate,
approval, registration, consent, permit, plat or other form of authorization required
by a City ordinance, regulation or rule in order to develop, construct and operate the
Project.
(e) The provisions of this Section 8.02 shall not apply to City ordinances, rules and
regulations that are exempt pursuant to Texas Local Government Code § 245.004.
Minor Modifications to the Master Plan pursuant to Section 2.02 of this Agreement
shall not be deemed to be changes to the Project under Chapter 245 of the Texas
Local Government Code.
Attachment number 4 \nPage 20 of 32
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(f) Major Modifications to the Master Plan, changes to the number of single family
residential lots required to be constructed on the Property, changes to the number
of Service Units, changes to the provision of water or wastewater service, changes to
the location or number of any external roadway access points, and any other
changes to or deviations from this Agreement shall be deemed to be changes to the
Project under Chapter 245 of the Texas Local Government Code, and the laws in
effect at the time of such changes shall apply unless the City agrees otherwise.
Section 8.03 Landowner’s Right to Continue Development. In consideration of
Developer’s agreements hereunder, the City agrees that it will not, during the term of this
Agreement, impose or attempt to impose: (a) any moratorium on building or development
within the Project or (b) any land use or development regulation that limits the rate or
timing of land use approvals, whether affecting preliminary plats, final plats, site plans,
building permits, certificates of occupancy or other necessary approvals, within the Project.
The preceding sentence does not apply to temporary moratoriums due to an emergency
constituting a threat to the public health or safety, provided that such moratorium will
continue only during the duration of the emergency.
Article IX.
Miscellaneous Provisions
Section 9.01 Actions Performable. The City and Developer agree that all actions to be
performed under this Agreement are performable solely in Williamson County, Texas.
Section 9.02 Governing Law. The City and Developer agree that this Agreement has
been made under the laws of the State of Texas in effect on the Effective Date, and that any
interpretation of this Agreement at a future date shall be made under the laws of the State
of Texas.
Section 9.03 Severability/No Waiver. If a provision hereof shall be finally declared void
or illegal by any court or administrative agency having jurisdiction, the entire Agreement
shall not be void; but the remaining provisions shall continue in effect as nearly as possible
in accordance with the original intent of the parties. Any failure by a party to insist upon
strict performance by the other party of any material provision of this Agreement will not
be deemed a waiver thereof or of any other provision, and such party may at any time
thereafter insist upon strict performance of any and all of the provisions of this Agreement.
Section 9.04 Complete Agreement/Amendment.
(a) This Agreement, the attached Exhibits, and the MUD Consent Agreement,
represent a complete agreement of the parties and supersedes all prior written and oral
matters reacted to this Agreement.
(b) Except as otherwise provided in this subsection, this Agreement may be
canceled, changed, modified or amended, in whole or in part, only by the written and
recorded agreement by the City and the Developer.
Attachment number 4 \nPage 21 of 32
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Section 9.05 Exhibits. All exhibits attached to this Agreement are incorporated by
reference and expressly made a part of this Agreement as if copied verbatim.
Section 9.06 Governmental Approvals. The City agrees to cooperate with Developer in
connection with any waivers, permits or approvals Developer may need or desire from
Williamson County, the Texas Department of Transportation, Texas Commission on
Environmental Quality, or any other regulatory authority in order to develop the Project on
the Property in accordance with this Agreement.
Section 9.07 Notice. All notices, requests or other communications required or
permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the
original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery,
or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the
parties at the following addresses:
CITY: City of Georgetown
609 Main Street
Georgetown, Texas 78626
Attn: City Manager
Phone: (512) 930‐3652
Fax: (512) 930‐3659
with copies to: City of Georgetown
City Attorney
P.O. Box 409
Georgetown, Texas 78627
Phone: (512) 930‐3653
Fax: (512) 930‐3662
DEVELOPER:
Desert Troon Companies/Cimarron Hills Development
17207 North Perimeter Drive Suite 200
Scottsdale, Arizona 85255
Main Office: 480‐563‐5247
Fax: 480‐513‐6665
With additional notice sent to:
Cimarron Hills Development
103 Cimarron Hills Trail West
Georgetown, Texas 78628
Office: 512‐763‐8705
Fax: 512‐763‐8383
with copies to: Freeman & Corbett
Attachment number 4 \nPage 22 of 32
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Anthony S. Corbett
8500 Bluffstone Cove, Suite B‐104
Austin, Texas 78759
Phone: (512) 451‐6689
Fax: (512) 453‐0865
Section 9.08 Force Majeure.
(a) Definition. Except as otherwise provided below, the term “Force Majeure Event”
means any act or event, whether foreseen or unforeseen, that meets all three (3) of
the following tests:
(1) The act or event prevents a party (the “Nonperforming Party”), in whole or in
part, from (i) performing its obligations under this Agreement; or (ii)
satisfying any conditions precedent to the other party’s (the “Performing
Party’s”) obligations under this Agreement; and
(2) The act or event is beyond the reasonable control of and not the fault of the
Nonperforming Party, and
(3) The Nonperforming Party has been unable to avoid or overcome the act or
event by the exercise of due diligence.
Despite the preceding definition of a Force Majeure Event, a Force Majeure Event
excludes economic hardship, changes in market conditions, insufficiency of funds, or
labor difficulties.
(b) Suspension of Performance. Except as otherwise provided below, if a Force Majeure
Event occurs, the Nonperforming Party is excused from:
(1) whatever performance is prevented by the Force Majeure Event to the extent
and for the duration prevented, but in no event longer than twelve (12)
consecutive months; and
(2) satisfying whatever conditions precedent to the Performing Part’s
obligations that cannot be satisfied, to the extent they cannot be satisfied, but
in no event longer than twelve (12) consecutive months.
Despite the preceding sentence, a Force Majeure Event does not excuse any obligation
by either the Performing Party or the Nonperforming Party to make any payment
required under this Agreement.
(c) Report of a Force Majeure Event. No later than five (5) business days after
becoming aware of the occurrence of a Force Majeure Event, the Nonperforming
Party shall furnish the Performing Party with a written report describing the
particulars of the occurrence, including an estimate of its expected duration and
Attachment number 4 \nPage 23 of 32
Item # L
24
probable impact on the performance of the Nonperforming Party’s obligations
under this Agreement.
(d) Duties During the Continuation of a Force Majeure Event. During the continuation
of the Force Majeure Event, the Nonperforming Party shall furnish timely, regular
written reports, updating the information Section 9.8(c) of this Agreement, above
and providing any other information that the Performing Party reasonably requests.
In addition, during the continuation of the Force Majeure Event, the Nonperforming
Party shall:
(1) exercise commercially reasonable efforts to mitigate or limit damages to
Performing Party;
(2) exercise commercially reasonable due diligence to overcome the Force
Majeure;
(3) to the extent it is able, continue to perform its other obligations under this
Agreement;
(4) cause the suspension of performance to be of no greater scope and no longer
duration than the Force Majeure Event requires, but in no event longer than
twelve (12) consecutive months;
(5) cause the payment of any amounts required under this Agreement to be paid.
The Nonperforming Party’s performance of the covenants set forth in Section 9.8(d)(1)
of this Agreement is a condition precedent to its initial Suspension of Performance, and
if that covenant is performed, the Suspension of Performance is deemed to have
commenced on the date the Force Majeure Event occurred. During the continuation of
the Force Majeure Event, the Nonperforming Party’s performance of the covenants set
forth in Section 9.8(d)(2)‐(4) are conditions precedent to its continued Suspension of
Performance.
(e) Resumption of Performance. When the Nonperforming Party is able to:
(1) resume performance of its obligations under this Agreement, or
(2) satisfy the conditions to the Performing Party’s obligations,
It shall immediately give the Performing Party written notice to that effect and shall
resume performance under this Agreement no later than five (5) business days after the
notice is delivered.
(f) Dispute Resolution Related to Force Majeure. The parties shall negotiate in good
faith and attempt to resolve any dispute between the parties as to whether a Force
Majeure Event has occurred, or whether a Force Majeure event has prevented the
Nonperforming Party, in whole or in part, from performing any obligations or
Attachment number 4 \nPage 24 of 32
Item # L
25
satisfying any condition under this Agreement, or when the Suspension of
Performance has continued for a period of more than twelve (12) consecutive
months. If the Parties are unable to resolve the dispute or to agree on a course of
action following twelve (12) consecutive months of Suspension of Performance,
they shall submit the dispute to mediation. The burden of proof as to whether a
Force Majeure Event has occurred or as to whether the Force Majeure Event has
prevented performance is upon the Nonperforming Party.
(g) Exclusive Remedy. The relief offered by this Force Majeure provision is the
exclusive remedy available to the Nonperforming Party with respect to a Force
Majeure Event, and the Parties waive the common law defenses of impossibility and
impracticability with respect to the Force Majeure Events and any event or act that
might be deemed force majeure event under the common law.
Section 9.09 Agreement to Run with the Land. Subject to Section 9.10 of this
Agreement below, this Agreement and the rights and obligations of the Developer
hereunder, shall run with the land (the Property).
Section 9.10 Assignment and Delegation.
(a) The City agrees that the Developer may, if it is not in default hereunder (beyond any
applicable notice and cure period), assign its rights or delegate its obligations under
this Agreement as follows:
(1) Without the prior written consent of the City, the Developer may assign all or
part of its rights or delegate all or part of its maintenance obligations (but no
other rights or obligations) under this Agreement to the MUD, and following
receipt of notice of such assignment, the City shall look only to the MUD with
respect to such assigned rights or delegated obligations. In the alternative,
and with the prior written consent of the City, which shall not be
unreasonably withheld, but which may be conditioned on the posting of fiscal
security in a form and amount acceptable to the City, the Developer may
assign all or part of its rights or delegate all or part of its maintenance
obligations to the Cimarron Hills Community Association, Inc. (or its
successor in interest). The City may condition its approval of any assignment
to the Cimarron Hills Community Association, Inc. (or its successor in
interest) upon (i) execution of a written document assuming all of the
Developer’s maintenance obligations under this Agreement, and (ii)
demonstration of the financial, technical, and managerial means to complete
Developer’s maintenance obligations under this Agreement. Any assignment
under this subsection shall not be construed as releasing the Developer from
the delegated obligations under this Agreement and Developer shall remain
obligated for the performance delegated. If, however, the City approves an
assignment and assumption agreement assigning Developer’s maintenance
obligations to either the MUD or the Cimarron Hills Community Association,
Inc. (or its successor in interest), the Developer shall be released from the
Attachment number 4 \nPage 25 of 32
Item # L
26
delegated obligations under this Agreement and Developer shall no longer be
liable or responsible for the delegated obligations and the City shall look
solely to the delegate for performance. Notwithstanding the foregoing, the
City shall have the right, in its sole determination, to condition its approval of
an assignment and assumption agreement upon the posting by the delegate
of fiscal security in a form, amount and from an issuer acceptable to the City
(all as determined by the City in the City’s sole discretion) guaranteeing
performance of all assigned obligations in this Agreement.
(2) Any sale of all or a portion of the Property shall not be deemed an
assignment or delegation of Developer’s rights and obligations under this
Agreement unless the conveyance or transfer instrument effecting such sale
expressly states that the sale is an assignment and assumption of this
Agreement, and such assignment and delegation meets the requirements of
Section 9.10(a)(1) of this Agreement.
(b) The Developer may assign its right to receive payments from the PID to any person
or entity provided the Developer executes and furnishes to the City a written
document identifying the effective date of the assignment (which shall be not less
than thirty (30) days after written notice is furnished to the City). Thereafter, the
City shall provide all PID payments to such assignee.
(c) Except as provided in Section 9.10(a) above, the Developer and all future Owners
of all or any portion of the Property shall have the benefits and obligations of this
Agreement, and the Property may be developed as set forth herein without notice or
approval to the City; provided, however, that this Agreement may be amended as
provided Section 9.04(b) of this Agreement.
(d) Unless expressly stated in the assignment/delegation documentation, no
assignment of any rights or delegations of any obligations of the Developer under
this Agreement shall be deemed as assignment of the Developer’s rights to receive
proceeds from the sale of municipal utility district bonds.
(e) It is specifically intended that this Agreement, and all terms, condition and
covenants herein, shall survive a transfer, conveyance, or assignment occasioned by
the exercise of foreclosure of lien rights by a creditor or a Party, whether judicial or
non‐judicial.
(f) Subject to Section 9.10 of this Agreement, this Agreement shall bind and inure to
the benefit of the Parties and their permitted successors, assigns, and delegates;
however, this Agreement is not binding on, and does not create any encumbrance to
title as to, any end‐buyer of fully developed and improved lot within the Property
except for regulations that apply to specific lots. For purposes of this Agreement,
the Parties agree as follows: (1) that the term “end buyer” means any owner, lessee,
or occupant; and (2) that term “fully developed and improved lot” means any lot,
regardless of proposed use, for which the City has approved a final plat.
Attachment number 4 \nPage 26 of 32
Item # L
27
(g) From time to time upon written request by any seller or purchaser of land within
the Property, or any lender or prospective lender of the Developer or its Assignees,
the City shall execute a written estoppel certificate to such seller, purchaser or
lender stating, if true, that the City has not given or received any written notices
alleging any events of default under this Agreement.
(h) Any purported assignment of right or delegation of performance in violation of this
Section is void.
Section 9.11 Cooperation. The parties shall cooperate with each other as reasonably and
necessary to carry out the intent of this Agreement, including but not limited to the
execution of such further documents as may be reasonably necessary.
Section 9.12 Term of Agreement and Termination. Unless sooner terminated by
express written agreement executed by both Parties, this Agreement shall continue in full
force and effect until the later of (i) twenty (20) years after the Effective Date or (ii) the
Project has been constructed and accepted in accordance with the terms and conditions of
this Agreement.
Section 9.13 Authority. The City and the Developer each represent and warrant that the
persons whose signature appears below have the authority to execute this Agreement on
behalf of the City and Developer, respectively.
Section 9.14 INTENTIONALLY DELETED.
Section 9.15 Developer Events of Default.
(a) Subject to the Force Majeure provisions of Section 9.8 of this Agreement, the
following events shall be considered a breach of this Agreement by Developer (each
a “Developer Event Default”):
1. Failure to develop the Property in accordance with the standards, terms and
conditions set forth in this Agreement; or
2. Breach or inaccuracy of any representations or warranties hereunder; or
3. Default or breach of the Consent Agreement; or
4. Failure to pre‐pay the PID assessments in the amounts and at the time set
forth in this Agreement; or
5. Failure to seek and pursue creation of the MUD over a portion of the
Property as contemplated by the Consent Agreement between City and
Developer dated to be effective on even date herewith; or
6. Failure to comply with any other conditions or terms of this Agreement or to
take any actions required by this Agreement.
Attachment number 4 \nPage 27 of 32
Item # L
28
(b) The failure by Developer to remedy a Developer Event of Default prior to the
expiration of thirty (30) days (the “Cure Period”) after written notice thereof by the
City shall constitute a default under this Agreement; provided however, that for
Developer Events of Default that do not involve the payment of money, if the failure
or delay is such that more than thirty (30) days would reasonably be required to
perform such action or comply with any term or provision hereof, then the
Developer shall have such additional time as may be necessary to perform or
comply so long as the Developer commences performance or compliance within the
said thirty (30) day period and diligently proceeds to complete such performance or
fulfill such obligations, but in no event shall the Cure Period be extended for more
than an additional one‐hundred twenty (120) days. The notice of default provided
by the City shall specify the nature of the alleged default and the manner in which
the alleged default may be satisfactorily cured, if possible.
(c) If a Developer Event of Default is not cured within the Cure Period, the City shall
have all rights and remedies which may be available under law and equity, including
without limitation the right to specifically enforce any term or provision of this
Agreement and/or the right to institute and action for damages or mandamus. In
addition, the City shall not be required to process any applications, issue any
approvals, or grant any permits to the Developer during a Developer Event of
Default.
Section 9.16 City Event of Default.
(a) Subject to the Force Majeure provisions of Section 9.8 of this Agreement, the
following events shall be considered a breach of this Agreement by the City (each a
“City Event of Default”):
1. The City imposes any moratoria upon the Property that are in conflict with or
limit the express provisions of this Agreement, provided however that it shall
not be a City Event of Default if the City imposes temporary moratoria due to
an emergency constituting a threat to the public health or safety, provided
that any such moratorium will continue with respect to the Property only
during the duration of the emergency.
2. Failure to comply with any other conditions or terms of this Agreement or to
take any actions required by this Agreement.
(b) The failure by the City to remedy a City Event of Default prior to the expiration of
thirty (30) days (the “Cure Period”) after written notice thereof by the Develop shall
constitute a default under this Agreement; provided however, that for City Events of
Default that do not involve the payment of money, if the failure or delay is such that
more than thirty (30) days would reasonably be required to perform such action or
comply with any term or provision hereof, then the City shall have such additional
time as may be necessary to perform or comply so long as the City commences
performance or compliance within the said thirty (30) day period and diligently
Attachment number 4 \nPage 28 of 32
Item # L
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proceeds to complete such performance or fulfill such obligation, but in no event
shall the Cure Period be extended for more than additional one‐hundred twenty
(120) days. The notice of default provided by the Developer shall specify the nature
of the alleged default and the manner in which the alleged default may be
satisfactorily cured, if possible.
(c) If a City Event of Default is not cured within the Cure Period, the Developer shall
have all rights and remedies which may be available under law and equity, including
without limitation the right to specifically enforce any term or provisions of this
Agreement and/or the right to institute and action for damages or mandamus.
Section 9.17 Effect of Approvals. Notwithstanding anything in this Agreement to the
contrary, it is understood and agreed that (i) the level of standards required by the City for
the construction of the public improvements on the Property (including but not limited to
wastewater lines, roads, etc.) are strictly for the benefit of the City only, and the Developer
is free, at Developer’s sole cost and expense, to design and construct the improvements to a
higher standard; and (ii) all City approvals of the Developer’s and the Developer’s
registered professional engineer’s plans and specifications, and all inspections done by the
City of the plans, specifications and construction of the public improvements are strictly for
the benefit of the City, and such inspections and approvals are not to be expressly or
impliedly relied upon by Developer, Developer’s engineer, any of the Developer’s
contractors or subcontractors, or any end user for any purpose whatsoever.
Section 9.18 Effect on Original Development Agreement. Effective on the Effective
Date, this Amended and Restated Development Agreement shall wholly supersede and
replace the Original Development Agreement, the First Amended Development Agreement,
and the Second Amended Development Agreement.
Section 9.19 Conditions Precedent. Notwithstanding any provision of this Agreement to
the contrary, the rights and obligations of Developer and the City set forth herein shall have
no force or effect unless and until each of the following three (3) conditions is met:
(a) Updated Service and Assessment Plan for the PID has been approved by the City
Council.
(b) An Amended PID Levying Ordinance has been finally passed and approved by the
City Council.
(c) The Parties have both executed the Consent Agreement pertaining to the creation of
the MUD on the MUD Lands by Developer.
Attachment number 4 \nPage 29 of 32
Item # L
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List of Exhibits
Exhibit A Original Project Lands/PID Lands (metes and bounds)
Exhibit B Additional Project Lands (metes and bounds)
Exhibit C Sketch of the “Property” (showing boundaries of Original Project Lands,
Additional Project Lands, Developed Project Lands, Undeveloped Project Lands, PID Land,
and MUD Land)
Exhibit D Master Plan
Exhibit E MUD Lands (sketch)
Exhibit F NOT USED
Exhibit G Effluent Storage Improvements Requirements
Exhibit H Lease Agreement
Exhibit I Reclaimed Water Agreement
Exhibit J Termination of License Agreement
[Signature Pages Follow]
Attachment number 4 \nPage 30 of 32
Item # L
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CITY OF GEORGETOWN, a Texas home rule municipality
By:
George G. Garver, Mayor
Date:
ATTEST:
By:
Jessica Brettle, City Secretary
CIMARRON HILLS DEVELOPMENT, L.L.C., an Arizona
limited liability company
By: CIMARRON 2009, LLC, an Arizona limited
liability company, its Sole Member
By: DT Lifestyle, L.L.C., an Arizona limited
liability company, fka DTR1B,
L.L.C., its Sole Member
By: DTR1, L.L.C., an Arizona
limited liability company,
its Manager
By: DESERT TROON LIMITED,
L.L.C., an Arizona limited
liability company, its Manager
By: DT INVESTMENTS,
INC., an Arizona
corporation, its
Manager
By:
Name: Gary S. Elbogen
Title: Vice President
Date:
Attachment number 4 \nPage 31 of 32
Item # L
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THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by ________________________, _______________________ of Cimarron Hills Development, L.L.C.,
an Arizona limited liability company, on behalf of said limited liability company.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by ___________________________, ______________________ of Williamson County Municipal
Utility District No. 26, a Texas conservation and reclamation district, on behalf of said
district.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
Attachment number 4 \nPage 32 of 32
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SKETCH OF
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P1
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P5
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UNDEVELOPED PROJECT LANDS (BENEFIT AREA II)
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PHASE & SECTION DEVELOPED PROJECT LANDS
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P1
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M.U.D. LANDS
6.99 ACRE TRACT
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21.74 ACRE TRACT
M.U.D LANDS
347.39 ACRE TRACT
M.U.D. LANDS
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EXHIBIT G
EFFLUENT POND REQUIREMENTS
Developer hereby agrees to design and construct, or cause to be designed and constructed,
at Developer’s sole cost and expense, one or more additional treated effluent storage ponds
and/or additional capacity in the existing effluent storage pond (the “Effluent Storage
Improvements”) on the Property in compliance with TCEQ regulations and the City’s TCEQ
permit and adequately sized for the Interim Wastewater Treatment Plant The Effluent
Storage Improvements must be completed before the average daily flow for the Existing
Wastewater Treatment Plant exceeds 150,000 gpd in a monthly reporting period for three
(3) consecutive months.
Developer shall:
• Provide an engineering report prepared by a qualified engineer l icensed to practice
in the State of Texas demonstrating the suitability of existing golf course ponds to be
converted to effluent holding ponds, or constructing new effluent holding ponds on the
Property, or retrofitting the existing effluent holding pond to provide sufficient effluent
storage for the Interim Wastewater Treatment Plant; and
• The engineering report must demonstrate the ability of the pump system to convey
effluent to and from the proposed Effluent Storage Improvements and detail the liner a nd
other design specifications for the Effluent Storage Improvements; and
• Upon approval of this the engineering report by the TCEQ and the City of
Georgetown, Developer shall prepare, or cause to be prepared, construction plans for the
proposed Effluent Storage Improvements, including all pumps, piping, and related
appurtenances, and must submit the construction plans to the City for approval;
• Upon the City’s approval of the construction plans for the Effluent Storage
Improvements, Developer shall prepare a minor amendment to the permit in compliance
with all TCEQ regulations for submittal by the City to the TCEQ to authorize construction
and operation of the Effluent Storage Improvements; and,
• Upon approval of the permit amendment and the construction plans by TCEQ,
Developer shall construct, or cause to be constructed, at Developer’s sole cost and expense,
the Effluent Storage Improvements and all associated appurtenances sufficient to service
the Interim Wastewater Treatment Plant.
Attachment number 10 \nPage 1 of 1
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 1 of 8
AMENDED AND RESTATED
LEASE AGREEMENT
This Amended and Restated Lease Agreement (“Amendment”) is by and between Cimarron
Hills Development, L.L.C., an Arizona limited liability company (“Lessor”), and the City of
Georgetown, a Texas home rule municipality (“Lessee”).
RECITALS
WHEREAS, on August 8, 2000 the City and Licensee’s predecessor in interest, Paloma
Cimarron Hills, a Texas limited partnership (“Paloma”), entered into a Lease Agreement (the
“Original Lease Agreement”) pertaining to the lease of certain property owned by Paloma to
the City of Georgetown for use by the City to store and dispose of treated effluent generated by
the City’s Cimarron Hills Wastewater Treatment Plant .
WHEREAS, since the execution of the Original Lease Agreement, Lessor ha s acquired the rights
to the property that is the subject of the Original Lease Agreement, and the City and Lessor
desire to amend and restate the Original Lease Agreement recognize the Lessor as a successor in
interest to Paloma’s rights and obligations u nder the Original Lease Agreement, add additional
land to the property subject to the lease, and amend the uses allowed on the leased property.
NOW, THEREFORE, for good and in consideration of the promises and the mutual agreements
set forth herein, the Lessor and Lessee hereby agree as follows:
I. LEASED PROPERTY AND PURPOSE OF LEASE AGREEMENT
A. Leased Property. The property that is the subject of this Lease Agreement consists of the
following tracts of land:
TRACT 1: Being approximately 274 acres of land, more or less,
comprising the Cimarron Hills Golf Course, which is more particularly
described in Exhibit A, attached hereto and incorporated herein by
reference.
TRACT 2: Being the land described in Texas Commission on
Environmental Quality Permit No. WQ0014232001 as the “Frontage” for
purposes of land application by irrigation with treated effluent, the general
location of which is shown by sketch on Exhibit B, attached hereto and
incorporated herein by reference.
TRACT 3: Being Lot 19, BLOCK A, Cimarron Hills PUD
Subdivision, Phase 1 Section 6, consisting of approximately 7.99 acres of
land, more or less, which is further described by metes and bounds on
Exhibit C, attached hereto and incorporated herein by reference.
Exhibit H
Attachment number 11 \nPage 1 of 72
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 2 of 8
TRACT 1, TRACT 2, and TRACT 3 are sometimes referred to collectively herein as the
“Property.”
B. Purposes of Use. Lessor hereby grants to Lessee, its successors and assigns, permission
to use the Property for the following purposes only:
TRACT 1 and TRACT 2: To allow the disposal of treated effluent into,
onto, over and below the property described herein as TRACT 1 and
TRACT 2.
TRACT 3: To allow the storage of treated effluent into, onto, over and
below the property described herein as TRACT 3.
C. Restrictions on Use.
(1) Lessee and Lessor hereby acknowledge and agree that their uses of the Property
and the terms of this Agreement are expressly subject and subordinate to the terms and
conditions of the Lessee’s Cimarron Hills Wastewater Permit, TCEQ Permit No.
WQ0014232001 (as the same may be renewed, revised or amended from time to time) (the
“TCEQ Permit”) and other federal, state, and local regulations applicable to the storage and
disposal of treated effluent. In the event of a conflict between this Agreement and the TCEQ
and other applicable federal, state, and local regulations applicable to the storage and disposal of
treated effluent, the terms of this Agreement shall not apply. A copy of the TCEQ Permit in
effect as of the date of this Agreement is attached hereto as Exhibit D and incorporated herein
by reference. If the TCEQ Permit is amended or modified during the term of this Agreement,
the reference herein to the TCEQ Permit and Exhibit D shall mean and refer to the most current
version of the TCEQ Permit.
(2) Lessee shall be authorized to use TRACT 1 and TRACT 2 for the disposal of not
more than 0.46 million gallons per day (“MGD”) of treated wastewater effluent over a one
month period based on average daily flow of treated wastewater effluent, unless a greater
amount of effluent disposal is mutually agreed to by Lessor and Lessee and authorized by the
TCEQ. The parties specifically agree that in the event Lessee amends the TCEQ Permit to
authorize the treatment and disposal of more treated wastewater effluent than 0.46 MGD, no
treated wastewater effluent in excess of 0.46 MGD may be disposed on TRACT 1 without
Lessor’s prior written consent, which Lessor may grant or deny in its sole and absolute
discretion.
(3) Lessee shall be authorized to use TRACT 3 for the storage of up to 54 acre feet of
treated effluent disposal prior to disposal of the treated effluent by irrigation on TRACT 1 and
TRACT 2, unless a greater amount of effluent storage capacity is mutually agreed to by Lessor
and Lessee and authorized by the TCEQ.
Exhibit H
Attachment number 11 \nPage 2 of 72
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 3 of 8
II. ANNUAL FEE
The Lessor agrees that no annual fee shall be assessed for the Lease and the permissions
herein granted to Lessee.
III. RIGHTS AND OBLIGATIONS OF LESSOR AND LESSEE
A. Lessor’s Rights and Obligations.
1. Lessor, its successors, assigns, lessees, grantees, and lessees, may utilize TRACT
1 and TRACT 2 to construct, install, establish, maintain, use, repair, replace, and
operate a golf course and associated improvements (with respect to TRACT 1)
and roadway frontage (with respect to TRACT 2), and conduct all related
activities related thereto, on, beneath, above the surface of TRACT 1 and TRACT
2. Lessor agrees that TRACT 1 and TRACT 2 shall be improved, operated and
maintained at all times so as to be capable of accepting for discharge not less than
0.46 MGD of treated wastewater effluent in accordance with the TCEQ Permit.
2. Lessor, its successors, assigns, lessees, grantees, and lessees, may utilize TRACT
3 to construct, install, establish, maintain, use, repair, replace and operate
landscaping, trails, sidewalks, fencing, cartpaths and irrigation facilities on,
beneath, above the surface of TRACT 3. In addition, Lessor shall have the right
to install, operate, repair, and maintain groundwater irrigation wells, discharge
structures, intake structures, pump stations and related facilities within TRACT 3,
and shall have the exclusive right to pump well water from such facilities into the
effluent holding pond located on TRACT 3. Lessor shall conduct all such
activities in accordance with the TCEQ Permit.
3. Lessor shall own, operate, and maintain, at Lessor’s sole expense, all facilities
utilized by Lessor for irrigation of lands within TRACT 1 and TRACT 2
(“Lessor’s Irrigation System”) in accordance with the TCEQ Permit. Lessor shall
identify, and Lessor shall implement, at its sole cost and expense, any
improvements, upgrades, or modifications to Lessor’s Irrigation System required
by the TCEQ Permit. Lessor shall irrigate TRACT 1 and TRACT 2 with treated
effluent in accordance with the TCEQ Permit.
4. Except as otherwise provided in Section III.B.1 of this Amendment, Lessor shall
operate and maintain the effluent holding pond located on TRACT 3 in
accordance with the TCEQ Permit, and shall coordinate with Lessee on any
inspections, compliance reporting, and repairs to said effluent holding pond. No
construction and repairs to effluent storage pond shall implemented without the
Lessee’s and the TCEQ’s prior written approval. Without limitation, Lessor shall
always make available 54 acre feet of storage volume within the effluent holding
Exhibit H
Attachment number 11 \nPage 3 of 72
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 4 of 8
pond located on TRACT 3 for the express purpose of storing treated effluent in
accordance with the TCEQ Permit .
B. Lessee’s Rights and Obligations.
1. Lessee shall be responsible for the maintenance and repair of the liner of the
effluent holding pond located on TRACT 3, and Lessor hereby grants Lessee
reasonable access to TRACT 3 for said purposes.
2. Lessee shall be responsible for any and all inspections and compliance reporting
as may be required under the TCEQ Permit.
3. In the event Lessor fails to conduct any operations or activities on TRACT 1,
TRACT 2, or TRACT 3 in accordance with the requirements of the TCEQ Permit,
Lessee shall have the right to enter the Property and take any and all actions
necessary to maintain, repair and otherwise restore the effluent storage or
irrigation facilities to full compliance with the TCEQ Permit , at Lessor’s cost and
expense.
C. Compliance with Applicable Laws. Lessee and Lessor each agree that all activity
allowed by this Agreement shall be done in compliance with all applicable county, City, State
and/or Federal laws and regulations existing at the time the above-described activity is
performed.
IV. INDEMNIFICATION
Lessor agrees to and shall indemnify and hold harmless Lessee, its officers, agents and
employees, from and against any and al1 claims, losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for
injury to or death of any person, or for damage to any property, arising out of or in connection
with Lessee’s use of the Property pursuant to this Agreement. Such indemnity is intended by
Lessor to provide protection to the Lessee to the maximum extent allowed by law, regard1ess of
whether such injuries, death or damages are caused in whole or in part by the negligence of
Lessee.
V. COMMENCEMENT
This Agreement shall commence on October 23, 2012 and continue in effect for a period of
twenty (20) years thereafter. Lessee retains the option to renew this lease under the same terms
and conditions as set forth herein for three (3) additional five (5) year terms.
Exhibit H
Attachment number 11 \nPage 4 of 72
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 5 of 8
VI. TERMINATION
This Agreement may be terminated by Lessee by delivering written notice of termination to the
Lessor not later than thirty (30) days before the effective date of termination. If Lessee so
terminates, then it may remove installations that it made from the Property within the 30-day
notice period. Any installations not removed within said period are agreed to be the property of
the Lessor.
VII. APPLICATION OF THE LAW
This Agreement shall be governed by the laws of the State of Texas. If the final judgment of a
court of: competent jurisdiction invalidates any part of this Agreement, then the remaining parts
shall he enforced, to the extent possible, consistent with the intent of the parties as evidenced by
this Agreement.
VIII. VENUE
Venue for all lawsuits concerning this Agreement will be in Williamson County, Texas.
IX. COVENANT RUNNING WITH LAND: WAIVER OF DEFAULT
This Lease Agreement and all of the covenants herein shall run with the land; therefore, the
conditions set forth herein shall inure to and bind each party, its successors and assigns. Either
party may waive any default of the other at any time, without affecting or impairing any right
arising from any subsequent or other default.
X. ASSIGNMENT
The parties may assign, sublet or transfer its interest in this Agreement without the written
consent of the other party, subject to the assignee's compliance with requirements set forth
herein.
XI. NOTICES
All notices, demands and requests for delivery of documents or information hereunder shall be in
writing and shall be deemed to have been properly delivered and received as of the time of
delivery if personally delivered, as of the time deposited in the mail system if sent by United
States certified mail, return receipt requested, and postage prepaid, or as of the time of delivery
to Federal Express (or comparable express delivery system) if sent by such method with all costs
prepaid. All notices, demands and requests hereunder shall be addressed:
To Lessor at:
Exhibit H
Attachment number 11 \nPage 5 of 72
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 6 of 8
Desert Troon Companies/Cimarron Hills Development
17207 North Perimeter Drive Suite 200
Scottsdale, Arizona 85255
Main Office: 480-563-5247
Fax: 480-513-6665
With additional notice sent to:
Cimarron Hills Development
103 Cimarron Hills Trail West
Georgetown, Texas 78628
Office: 512-763-8705
Fax: 512-763-8383
To Lessee at:
City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Office: 512-930-3652
Fax: 512-930-3622
or to such other addresses which either party may so designate by sending notice as aforesaid.
XII. TERMINATION OF ORIGINAL LEASE AGREEMENT
Upon the approval of this Agreement of Lessor and Lessee as evidenced by the signatures of
their duly authorized representatives, this Agreement shall supercede and replace the Original
Lease Agreement and the Original Lease Agreement shall have no further force or effect.
(Signatures and acknowledgements follow on next pages)
Exhibit H
Attachment number 11 \nPage 6 of 72
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 7 of 8
LESSOR:
CIMARRON HILLS DEVELOPMENT, L.L.C., an
Arizona limited liability company
Cimarron Hills 2009, LP, its Governing
Person
Cimarron TX 2009, LLC, its General
Partner
By:
Name:
Title:
Date:
LESSEE:
CITY OF GEORGETOWN, a Texas home rule
municipality
By:
George G. Garver, Mayor
Date:
ATTEST: APPROVED AS TO FORM:
By: By:
Jessica Brettle, City Secretary Bridget Chapman, Acting City Attorney
Exhibit H
Attachment number 11 \nPage 7 of 72
Item # L
Amended and Restated Lease Agreement
Re: Cimarron Hills Golf Course and Effluent Ponds
Lessor – Cimarron Hills Development, LLC
Lessee – City of Georgetown
Page 8 of 8
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by George G. Garver, Mayor of the City of Georgetown, Texas, a home-rule city, on
behalf of the City.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by ________________________, _______________________ of Cimarron Hills
Development, L.L.C., an Arizona limited liability company, on behalf of said limited liability
company.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
Exhibit H
Attachment number 11 \nPage 8 of 72
Item # L
“Exhibit A”
Exhibit H
Attachment number 11 \nPage 9 of 72
Item # L
GOLF COURSE IHf{IGATtoN LAND
CIMARRON HILLS
F.N. G1G4 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
DESCRIPTION OF A 19.39 ACRE TRACT OF LAND, HEREIN CALLED TRACT 'N, A 30.19 ACRE
TRACT OF LAND, HEREIN CALLED TRACT '8', A 27.74 ACRE TRACT OF LAND, HEREIN CALLED
TRACT 'C', A 41.94 ACRE TRACT OF LAND, HEREIN CALLED TRACT "0', A 62.63 ACRE TRACT
OF LAND, HEREIN CALLED TRACT "E',A 73.92 ACRE TRACT OF LAND, HEREIN CALLED TRACT
'F', ANDA 18.87 ACRE TRACT OF LAND, HEREIN CALLED TRACrG', ALL SITUATED IN THE A
H. PORTER SURVEY, A8STRACT, 8EING A PORTION OF THAT CERTAIN CALLED 813.09 ACRE
TRACT OF LAND AS DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN
VOLUME 2148, PAGE 318 Of THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
19.39 ACRE, TR/,CT 'A", 30.19 ACRE TRAcr8', 27.74 ACRE TRACT 'C', 41 .94 ACRE mACT '0',
62.63 ACRE mACT 'E', 73.92 ACRE TRACT 'F', AND 18.87 ACRE TRACT "G" 8EING DESCRIBED
BY METES AND 80UNDS AS FOLLOWS:
TRACT "Au
COMMENCING at a Yz inch iron rod found for the southwest corner of said 812.99 acre Iracl, being also
the southeast corner of that certain 8.881 acre tract of land as described in a deed 10 GC&E Services,
Inc, of record in Volume 2621, Page 136 of the Deed Records of Williamson county, Texas, and being
in the northerly lino of Stale Highway No. 29, a 100 foot wide righl-of-way;
THENCE, wilh Ihe west line of said 812.99 acre lract and the east line of said 8.881 acre tract, thO
following two (2) courses:
I. N 22' 10' 00' W, for a distance of 517.58 feel to a 60d nail found for an angle poinl, and
2. N 21 u 14' 06' W, for a distance of 351.38 feel 10 a poinl being in the east line of said 812,99 acre
lracl and being in the east line of Ihat cilrtain 8. 72S acre tract of land as described in a deed to
Willianl D. Richards, el UX, of record In Document No. 9630009 of tho Deed Records of
Williamson Counly Texas;
THENCE, N 68" 45' 54' E, departing Ihe easlline of said 8.725 acre trBct and over and across said
812.99 acre Iract, for a distance of65.84 feet to an iron rod with cap sel for Ihe POINT OF BEGINNING
and the sOlJlhVlest corner of the herein described tracl;
THENCE, continuing over and across said 812.99 acre tract. wilh the west, north, east and south lines
of the herein described tract, the following Ihirteen (13) courses:
1. N 21';' 18' 57" W for a distance of 1580.99 feel to an Yz inch iron rod with cap sr.t, and being the
northw(lst corner of the herein describod Iract,
2. N 69 0 27' 48" E for a distance of 376.10 feel 10 a Yz inch iron rod with cap sel for the nollheast
corner of Ille hereIn described tract,
3 S 25" 48' 31' E for a distance of 1142,53 fect 10 a liz inch iron rod with cap sel,
4. S 86" 46' 02' E for a distance of 255.00 feel 10 a Yi inch Iron rod with cap sel,
5. S 04 ~ 26' or W for D distance of 1B2.05 feel 10 a Yz inch iron rod with cap set,
6. S 85° 33' 57' E for a distance of 404.19 feet 10 a Yl inch iron rod with cap set,
7. S 04" 25' 53" W for a d'lslance of 143.25 feet to a ~ inch iron rod with cap set at 1118 beginning
of a curve 10 the righi, and being the southeast corner of the herein described tract,
8. along said curve to tile right, an arc distance of23.59 feel, said curve /laving a radius of 15.00,
B central angle of 90" 06' 57" and a chord bearing of S 49" 29' 21~ Wand a chord distance of
21.23 to a % inch iron rod with cap set at a poinl of reverse curvature to Ihe left,
9. along said curve 10 the left, an arc distance of 417,77 feet, said curve having a radius of 630.00
feet, a contral angle of 37~ 59' 40' and a chord bearing of S 75° 32' 59' W for a chord distance
of 410.16 feet to a }'i inch iron rod with cap set at a point of reverse curvature to the right,
10. along said curve 10 tile right, an arc distance of 16.86 feel, said curve /laving a radius of 15.00,
a cenfral angle of 64" 23' 44~ and a chord bearing of S 88~ 45' OJ' W, for a chord dislance of
15.99 feel 10 a is inch iron rod wilh cap set at a pOint of (everse curvature 10 the left,
Page 1 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 1
Exhibit H
Attachment number 11 \nPage 10 of 72
Item # L
GOLF COURSE IRRIGA nON LAND
CIMARRON HILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
11. along said curve to the left, an arc distance of 159.33 feel, said curve having a radius of 90,00
fcel, a central angle of 101 0 25' 44" and a chord bearing ofS 70" 14' Ql" W, for a chord distance
of 139,32 fect to a Yz inch iron rod with cap set at the end of said curve,
12. N 70' 29' 12" W fora distance of 131.58 (eel 10 a ~ Inch iron rodwilh cap sel, and
13. S 68" 46' 05· W for a distance of 239.13 feel to Hw POINT OF BEGINNING and containing
19.39 acres of land, and
TRACT"B"
BEGINNING at a % inch iron rod found for the southeast corner of said 812.99 acre tract, being also tile
southwest corner of that certain 37.995 acre trael of land as describod in a deed to H. H. RotheU of
record in Volume 649, Page 607 of the Deed Records of Williamson County, Texas. being also in Ihe
norlhedy line of Stale Highway 29, a 100 foot wide right-of-way and being thO southeast corner of the
herein described Iract;
THENCE. N 82" 26' 24" W, with 1110 sou til line of said 812.99 acre tracl, the north line of said Siale
Highway 29 righl-of-way and the SOllih line of the herein described tracl, for a distance of 1269.10 feel
to a poinl;
THENCE, N 07 e
' 33' 36~ E, departing the north line of said State Highway 29 oghl·of-way and over and
across said 812,99 acre tracl, for a distance of 78.83 feel to a % inch iron rod wlth cap set fortllo POINT
OF 8EGINNING and tho southeast (;orner of the herein described tfact;
THENCE, continuing over and across said 812.99 acre lract, wil/llhe soulll, west, north and east lines
of the herein described Iracl, the following Ihirty-five (35) courses:
1. N 82~ 26' 40" W for a distance of 1081.03 foet 10 a ~ inch iron rod with cap set fOf an allgle
pOInt,
2. NO/,' 33' 43' E for a distance of 121.27 feet to a Yz Inch iron rod wilh cap sel for an angle point,
3. N 82" 26' 23" W for a distance of 280 .00 feet to a Y:. inch iron rod wilh cap set for an angle poinl,
4. S 07 e 33' 32' W for a distance of 121.30 feel to a Yz inch iron rod \vith (;tlp set for an angle point,
5. N 82 Q 26' 42" W for a distance of 1328.62 feet to a Yz inch iron rod with cap set for an angle
poinl,
6. Nor 34' 43' E for a distance of 230.43 (eel to a y,. inch iron rod with cap sel althe beginning
of a curve to the right,
7. along said curve to the (ighl, an arc distance of 10.85 feel, said curve having a radius of 14.96
feel, a central angle of 41 0 33' 10' and a (;hord of which bears N 28" 16' 53" E, for a chord
distance of 10.60 feot to a Yz inch iron rod with cap set at a point of reverse curve to the lefl,
8. along said curve to the left, an arc distance of 74.95 feet, sald curve having a radius of 84,77
feel, a central angle of 50' 39' 37" and a chord of which bears N 23" 43' 57' E for a chord
distance of 72 .54 feet to a Y.t inch iron rod with cap set at a point of reverse curve 10 the righi,
9. along said curve to the r19111, an arc distance of 16.45 fcel, said curve having a radius of '14.97
feel, a cenlra! angle of 62" 57' 09" and a chord of which bears N 29" 52' 32' E for a chord
distance of 15.63 feet to a % inch iron rod with cap set at the end of said (;lIrve,
10. N 61" 16' 4T E for a distance of 391.55 fcetlo a ~ inch fron rod with cap set at the beginning
of a curve to the right,
11. along soid curve 10 Ihe righi, an arc distance of 218.18 feel, said curve having a radius of 670,03
feel, a central angle of 18" 39' 26· and a chord of which bears N 70" 46' 26" E for a chord
distance of 2 j 7.22 feet to a M! inch iron rod wilh cap set althe end of said ClJrve,
12. N 80" 06' 07' E for a distancQ of 51,89 feel 10 a X inch iron rod with cap sel {or an angle pOint,
Page 2 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 2
Exhibit H
Attachment number 11 \nPage 11 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON HilLS
F.N. 6154 (WOW)
AUGUST 7. 2000
PBS&J JOB NO. 440190.00 2501
13. S 09" 53' 46' E fOf a distance of 150.00 feet to a % inch iron rod with cap set for an angle po'm!.
14. N 80" OG' 18" F. for a distance of 125.00 feet to a ~ inch iron rod with cap set for an anglo point,
15. N 88" 25' 37"" E for a dislanco of 175.95 foet to a X inch iron rod with cap sel {or an angle point,
16. S 45' 10' 30' E for a distance of 129.66 feet 10 a X Inch iron rod with cap sel fOf an angle point,
17. S 31' 37' OS" E for a distance of 65.23 feel to a ~ inch iron rod with cap sol for an anglo point,
18. S 39~ 25' 05" E for a distance of 171.93 feet 10 a Yl inch iron rod with cap sel for all angle point,
19. S 72" 20' 04" E for a distance of 198.08 feel to a Yl inch iron rod with cap set for an angle point.
20. N 76" 29' 49" E for a distance of 132.89 feet to a ~ inch iron rod with cap sel for an angle po:nt,
21. N 89" 05' 26' E for a distance of 126.02 feel to a y.. inch iron rod with cap set for an angle point,
22. S 76'"' 15' 29" E for a distance of 131.30 feet 10 a y.. inch iron (Od with cap set for an angle point.
23. S 88~ 15' 06~ E for a distance of G09.71 feet to a}S inch iron rod with cap set for an angle point,
24. N 85" 17' 52" E for a distance of 167.24 feel to a '12 Inch iron rod with cap sel for an angle point,
25. N 75 c
' 04' 04' E for a distance of '150.00 feet to a Yz inch iron rod with cap set for an angle point,
26. N 14" 56' 01" W (or a distance of 124.53 feet to a Yz inch iron rod with cap set in a curve 10 lile
righi,
27. along said curve to Ihe right, an arc distance of 30.31 feet, said curve having a radius of 273.94
feet, a cenlral angle of 06" 20' 2 r and a chord of which bears S 81 v 44' 39" E for a chord
dislance of 30.29 feet to a ~ inch iron rod with cap set althe end of said curve,
28. S 7B'-' 35' 05~ E for a distance of 147.54 feel to a ~ inch iron rod with cap sel al the beginning
of a curvo 10 the left,
29, along said curve to Ihe lefl, an Hrcdislance of 138.44 feet, said curve having a radius of 324.88
feet, a central angle of 24" 24' 54" and a chord of which bears N a9° 12' 50' E for a chord
distance of 137.39 feet to a X Inch Iron rod with cap set at the end of said curve,
30. N 7r 00' 47" E for a distance of 275,05 feet 10 a X inch iron rod with cap sct allhe beginning
of a curve 10 tho left,
31. along said curve to the lefl, an arc distance of 74.21 foel, said cvrve having a radius of 1025.89
feel, a central angle of 04'" 08' 40' and a chord wlllell benrs N 74 0 56' 14" E, for a chord distance
of 74.19 foet to a y., inch Iron rod with cap sel althe end of said curve,
32. S 21'" 27' 08" E for a distance of 71.31 feet to a X inch Iron rod with cap set allhe beginning of
a curve 10 the right,
33. along said curve to the righi, an arcdisiance of 104.89 feel, said curve having a radius of 75.02
feet, a central angle of 80 c
> 06' 45" and a chord of which bears S 18 .... 36' 48' W for a chord
distance of 96.55 feet to a }S: inch iron rod with cap set at the end of said curve,
34. S 58 0 40' 52" W for a dislance of 784.fi9 feel to a ~ inch iron rod with cap set for an angle point,
and
35. S 38" 41' 52" E for a distance of 155.37 feet 10 tile POINT OF BEGINNING and containing
330.19 <Jcres of land, and
TRACT"C"
COMMENCING at a X inch iron rod found rorlhe southeast corner of said 812.99 acre tract, being also
Page 3 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 3
Exhibit H
Attachment number 11 \nPage 12 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON HILLS
F.N. 6154 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
the southwest coroer of thai certain 37.995 acre tract of land as described in a deed to H. H. Rothell of
record in Va/urno 1349, Page 607 of the Deed Records of Williamson County, Texas, and being in the
northerly line of State Highway 29, a 100 foot wide righl·of,way;
THENCE, N 22" 03' 11' W, with the east line of said 812.99 acre tract and tile west line of said 37.995
acre Iracl, for a distance of 603.46 feel to a y., inch iron rod found for an angle poinl;
THENCE, N 21 Q 03' 34" W, continuing with Ihe east line of saId 812.99 aCre lract and Ihe west line of
said 37.995 acre tract, for a distance of 570.06 feel to an angle point;
THENCE, S 68" 56' 26' W, depariing l11e west line of said 37.995 acre tract and over and across said
812.99 acre Iracl, for a distance of 162.10 feet 10 a Yz inch iron rod with cap sot at Ihe POINT OF
BEGINNING and being at the beuinning of a clIrve 10 the right;
THENCE, contiouing over and across said 812.99 acre tracl, with the east, south, west and nonh lines
of the herein described Iracl, for following forty (40) courses:
1. along said curve to tile fight, an arc distance of 23.58 feel, said curve having a radius of 15.00,
a central angle of 90" 04' 18' and a chord bearing of S 23~ 34' 54" W, for a chord distance of
21.22 feel 10 a % inch iron rod wilh cap sel althe end of said curve,
2. S Gs< 33' H)' W for a dlst<lllce of 25.83 feet {o a Yz inch iron rod wilh cap set at the beginning
of a curve to Ihe righi,
3. along said cllrve to the right, an arc distance of 143.99 feol, said curve having a radius of975.76
feet, a centra! angle of OS" 27' 17" and a chord be;lring of S 72" 46' 4S' W, for a chord distance
of 143.86 feet to a ~ inch iron rod with Cap sot al the end of said curve,
4. S 7r 00' 49" W for a distance of 275.05 feel to a Y2 inch iron rod with cap set at the begil1!1ing
of a curve 10 Ihe right,
5. along said curve to Ihe righ!, an arc distance of 49.19 foel. said curve having a radius of 274.67
feet, a central angle of 10" 15' 37' and a chord bearing of S 82-' 08' 14' W, for a chord distance
of 49.12 feet to a ~ inch iron rod with cap set at Ihe end of said curve,
6. N 06" 30' 19" W for a distance of 128,34 feel to a ~ inch iron rod vo'ilh cap set for an angle pOint,
7. N 6r 32' 30' W for a distance of 142.88 feet to a Y2lnch iron rod'wvilh cap sel for an angle point,
8. N 86" 05' 35" Wfor a distance of 127.10 feel to a ~ inch iron rodwilh cap sel for an angle poinl,
9. S 83" 20' 03» Wfo( a distanco of 250.00 feel 10 a Y2 inch iron rod with cap set for an angle point,
10. N 06° 30' 21" W for a distance of 190.29 feet to a ~ inch iron rod with cap set (or an angle point,
11. N 41 '" 21' 43" W for a distance of 132.84 foel to a Yz inch iron rod with cap set for an angle point,
12. N 11 ~ 04' 58" W for a distance of 127.19 feel to a Yz inch iron rod wllh cap sel for an angle point,
13. N 45<' 28' 13" W for a distance of 36.18 feel 10 a Yz inch iron rod with cap set in a curve (a the
lefl,
14. along said curve to Ihe left, an arc distance of 55.76 feet, said curve having a radius of 75.00
feet, a central angle of 42" 36' 04' and a chord bearing orN 24'" 21' 16' E, for a chord distance
of 54.49 feet to a ~ inch iron rod with cap set at tho end of said curve,
15. S 85" 23' 39" E for a distance of 76.84 feet to a Yz Inch iron rod with cap set for an angle poInt,
16. N 5r 12' 30' E for a distance of 111.78 feet 10 a y,. inch iron rod with cap set for an angle point,
17. N 15" 11' 58" W for a dislance of 184.34 feel to a liz inch iron rodwilh cap sel for an angle point,
18. N 78" 06' 56~ W for a d'Istance of 10'1.25 feet to a }slnch iron rod with cap set for an angle poin!,
Page40f 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 4
Exhibit H
Attachment number 11 \nPage 13 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON IIiLLS
F.N. 6154 (WOW)
AUGUST 7. 2000
P8S&J JOB NO. 440190.002501
19. S 81 n 54' 09' W for a (iis!anc(J of 510.24 feet to a }S inch iron rod with cap sel for an angle point,
20. N 82;' 52' 50" W for a distance of 64.06 feel to a y., inch iron rod with cap sol for an angle point,
21, N 56" 39' 50' W for a distance of 125.25 feel to a y., inch iron rod with cap sel for an angle pOint,
22. N 48° 25' 35" W for a distanc'.) of 887.58 (col to a y., inch iron rod with cap set for an angle point,
23. N 21" 21' 39' E for a distance of 70.50 feel 10 a % inch iron rod with cap set in a curve to the lefl,
24. along said curve to the left, an arc distance of258.99 feet, said curve having a radius of 62R78
feet, a central angle of 23" 33' 43" and a chord bearing of S 82" 50' 50' E for a chord distance
of 257.16 feel (0 a y;, inch iron rod with cap set at the end of said curve,
25. N 85" 22' 3 r E {or a distance of 217.58 fee! to a !4 inch iron rod with CAp set for an angle point,
26. S 13" 18' 33" W for a distance of 131.71 feet to a}S inch iron rod with cap sel (or an angre pOint,
27. S 64 ~ 52' 25' E for a distance of 410,44 feet to a :!0 inch iron rod with cap sel for an angle point.
28. N 85" 18' 51" E for a distance of 170.15 feel to a v.z inch iron (ad with cap set for an angle point,
29. N 08' 45' 29' E for a distance of 200.64 feet to a !h inch iron rod wilh cap set for an angle point.
30. N 81" 14' 29' E for a distance of 162.52 (eel 10 a 1,0 inch iron rod \-"ith cap sel althe beginning
of a curve to Ihe right,
31. along said curve to Ihe righi, an arc distance of 57.13, said curve having a radius of 299.50 feet,
a central angle of 10~ 55' 42" and a chord bearing of N 86° 42' 03" E, for a chord dis lance of
57.04 feel to a !4 inch [ron rod wHh cap set allhe end of said curve,
32. S 87" 50' 58" E for a dis!'1I1Ce of 174.27 feel 10 a ~ inch iron rod with cap sot for an angle point,
33. S 02" 09' OS' W for a distance of 196.24 foello a 1h inch iron rod \Villl cap set for an angle point.
34. S sr 51' 01" E for a dislance of 116.23 (eel 10 a % inch iron rodwilh cap set for an angle point,
35. S 31 < 39' 52" E for a distance of 815.65 feet to a X inch iron rod with cap set for an angle paint.
36. S 66" 54' 54" E for a distance of 243.20 fcot to a }S inch iron rodwilh cap set (or an angle paint,
37. N 34" 43' 25' E for a distance of 143.64 feet 10 <l X inch iron rod with C8p sel for an angle point,
38. S 54" 57' 59' E for a distance of 27.57 (eet to a % inch iron rod with cap sel al the beginning of
a cllrve 10 the right,
39. along said curve to the right, an arc distance of 162,09, said curve having a radius of 275.00
feet, a central angle of 33" 46' 17" and a chord bearing of S 38~ 20' 04" E, for a chord distance
of 159.75 feel to a X inch iron rod with cap set allhe end of said curve, and
40. S 21 ,. 26' 53" E for a dislanco 01351.65 {eello Ihe POINT OF BEGINNING and conlain'lng 27.74
acres of land.
TRACT "0"
COMMENCING at a 1!J inch iron rod with cap fOllnd for the southeast corner of thaI certain 98.30 acre
tract of land as described in a deed to Milton Lee and Judy Marie Owen, Jr. of record in Volume 2208,
Page 603 of the Deed Records of Williamson County, 'fexas and being an interior ell corner in the west
line of sa'ld 812.99 acre tract:
THENCE, N 65 0
• 17' 46" E, over and across said 812.99 acre Iracl, for CI distance of 579.26 feel 10 a !tl
inch iron rod with cap set at tile POINT OF [3EGINNING of the herein described tWCI;
Page 5 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 5
Exhibit H
Attachment number 11 \nPage 14 of 72
Item # L
GOLF COURSE IRRIGATION U,ND
CIMArmON HILLS
F.N. 6154 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
THENCE, continuing over and across said 812.99 acre tract, with Ihe wesl, north. east and soulh lines
of Ihe herein described Ir(let, the following forty-two (42) Courses:
1. N 59'"' 22' 16' E (or a distance of 312.50 feel to a Y, inch iron rodwilh cap sel for all angle point,
2. N 78" 32' 51" E fora d;slance of 362.72 feel 10 a %inch iron rodwilh cap set for an angle point.
3. N 16 v 06' 14 b Wfor a distance 0[637.29 feet to a ~ inch iron rod with cap set for an angle pol nt,
4 N 12~ 20' 55" W for a distance of 125.27 feet to a Y2 inch iron rod with cap sel for an angle point.
5, N 08" 28' 14" E for a distance of 86.15 feotto a liz inch iron rod \·,ilh cap set for an angle point,
6. N 62" 05' 56" W for a distance of 135.59 feet to a ~ inch iron rod wilh cap sel in a Ctlfve to Ihe
left,
7. along said c\IIve 10 the left, an arc distance of 174.78, said curve having a radius 01324.95 te!"!l,
a centrnl angle of 30'" 49' 02~ find a chord bearing of N 52" 21' 42' E, for a chord distance of
172.68 feet to a Yi inch iron rod with cap set at the end of said curve,
8. s 74" 21' 37" E fOf a distance of 306.06 feel 10 a Y2 inch iron rod with cap sol for an angle point,
9. S 34 (, 01' 13' E for a distance of 95.30 foello a X Inch iron rod with cap set fOf an angle point.
to. S 11" 17' 45" E for a distance of 111.24 feel to a Y2 inch iron rod with cap set for an angle point,
11. S 03" 31' 59~ W for a distance of 750.02 feet to a % inch iron rod with cap sel for an angle point.
12. S 37'" 35' 2T W for a distance of 127,41 feet to a Y2 inch iron rod with cap set for an angle point.
13. S 14' 47' 44' W for a dislnnce 0{234.60 reel 10 a!h inch Iron rod with cap set for an angle point,
14. S 47" 30' 57' W for a distance of 123,40 fect to a Y, inch iron rod with cap set for an angle point,
15. S 37 c. 03' 56' W fOf a distance of 209.76 feel 10 a 1h inch iron fad wilh cap set for an angle point,
16. S 02& 46' OS" Wfor a distance of 145.99 feel 10 a % inch iron rod with cap set for an angle point,
17. SO, ... · 35' 45" W for a distanco of 300.57 feel to a Y2 inch iron rod with cap sel for an angle point,
1 B. S 44" 17' 46" W for a distance of 585.38 feel 10 a !IS inch iron rod with cap set for an angle pOint,
19. S (18" 10' 16" W for a distance of 323.98 feet to a Y, inch iron rod with cap set foran angle point,
20. S 24" 05' 51' W for a distance of 531.85 feet 10 a Y.1 inch iron rod with cap sel for an angle poinl,
21. S 10" 49' 38' W for a distance of 670.?G feel to a 'lrS inch iron rod with cap set for an angle point,
22. S 3G~ 37' 04" E fora distance of 171.81 feel 10 a )hinch iron rod with cap set for an angle point,
23. S 41 Q 14' 23" E for a distance of 40.00 fcet 10 a Yl inch iron rod wHh cap set for an angle point,
24. S 48" 45' 37' W for a distance of 29.23 feel 10 a Yz inch iron rod with cap sel atlhe beginning
of a curve to the right,
25. along said curve to the r;9111, an arc distance of 454.39 feel, said curve having Cl radius 0(570.00
feet, a centra! angle of 45° 40' 30' and a chord bearing of S 71 & 35' 44' W, for a chord distance
of 442 AG feel to a % inch iron rod with cap sel at the end of said clIFve,
26. N 85" 33' OS" W for a distance of 23.10 feet to a Yz inch iron rod with cap set althe beginning
of a curve to the right,
27. along said curve to lhe right, an arc distance of 23.55 fect, said curve having a radius of 15.00
ff.!et, a central angle of 89~ 59' 00" and a chord bearing of N 40& 33' 58' W, for a chord distance
Page 6 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 6
Exhibit H
Attachment number 11 \nPage 15 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARROI; IIILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
of 21.21 feel to a Yl inch iron rod with cap set althe end of said curve,
28. N 04" 26' 0 I" E for a distance of 149.78 feel to a 1h inch iron rod \vith cap sel for an angle point,
29. S 85" 33' 50' E for a distance of 150.00 feet to a X inch iron rod with cap set for all angle pOinl.
30. N 04" 26' 04~ E for a distance of 250.0 I feet fa a !Ii-Inch iron rod with cap set for an angle point.
31. N 11 e 06' 23" W for a distanco of 353.16 feet 10 a 1h inch iron rod with cap set for an anglo point,
32. N 66" 37' 35" W for a distance of 156.48 feet 10 a X inch iron rod with cap set for an angle point,
33. N 22" 29' 17' W for a distance of 108.00 feet 10 a Yl inch iron rod with cap set for an angle point,
34. N 14 u 23' 52' E for a dis lance of 105.33 feel 10 a Yz inch iron rod with cap set for an angle point,
35. N 34" 38' 51" E for a distance of 104.74 feel 10 a Y..inch iron rod with cap sot for an angle point.
36. N 43" 24' 02" E (or a distance of 92.12 feollo a !-'S inch iron rod with cap set for an angle point,
37. N 88" 03' 07' E for a distance of 43.24 feet to a Yl inch iron rod with cap sel fOf an angle poinl,
38. N 24'> 05' 54" E for a distance of 633.40 feel to a Yz inch iron rod with cap set for an angle point,
39. N 46" 22' 35" E for a distance of 461.01 feel to a }) inch iron rod with cap set for an angle point.
40. N 39" 37' 31" E for a distance of 294.94 feel to a YS Inch iron rod with cap set for an angle point.
41. N 06'" 13' 55" W for a distance of 157.16 feet to a Yl inch iron rod with CflP set for an angle point.
and
42. N 26" 45' 36" E for a dis lance of 307.47 feel 10 Ihe POINT OF BEGINNING and conlaining41.94
acres of land, and
TRACT"E"
COMMENCING at a y.. inch iron rod with cap found for the southwest corner of Lot 9 of 0 & N Builders
Tract, an un recorded subdivision, in WitHanlson County, Texas, being also the norlhwest corner of lot
8 of said 0 & N Builders Tract, and being in the east line of said 812.99 acre tracl;
THENCE, S 21" 17' 11" E, with the east line of said 812.99 acre Iract and tile west tine of said lot 8, for
a distance of 92.65 feet to a }'lInch Iron rod with cap set al the POINT OF BEGINNING and northeast
corner of Ihe herein described Iracl;
THENCE, continuing wiUllhe east line of said 812.99 ncre Iract and the westline of said LoIB, and with
Ille east line of the herein described tract, lhe fonowing three (3) courses:
1. S 21" 17' 11" E, fora distance of 998.30 feel 10 an iron rod found,
2. S 40'" 19' 5r E, for a distanco of 94.58 feel to an iron rod found, and
3. S 46<' 39' 28' E, for a distance of 182.74 feet to a y,. inch iron rod with cap set,
THENCE, departing the westline of said lol8 and over and across said 812.99 acre Irac(, \Vilh the east,
south, wesl and north lines of the herein described Irael, the follow;ng forty·lhree (43) courses:
1. S 68° 06' 03' W for a distance of 492.34 feet 10 a ~ inch iron rod with cap sel for an angle point,
2. S 00" 30' OS' W for a distance of 428.52 feel 10 a Yz inch iron (od Y/lih cap set for an angle point,
3. S 68<' 38' 17' W for a distance of 101.45 feet 10 a !Il inch iron rod with cap sel for an angle point,
4. S 63~' 09' or W for a distance of 80.61 fGello a ~ inch iron rod with cap set for an angle pain!,
Page 7 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 7
Exhibit H
Attachment number 11 \nPage 16 of 72
Item # L
GOLf COURSE IRRIGATION LAND
CIMARRON HILLS
F.N. 6154 (WDW)
AUGUST l, 7000
PBS&J JOB NO. 440190.002501
5. S 67" 10' 46' W for a distance of 183.80 feel to a 'V1 inch iron rod with cap set for an angle point,
6. S 37" 24' 06' W for a distance of 100.86 (eel 10 a % inch iron rod with cap set for an angle point,
7. S 10 0 57' 17' E for a distance of 125A4 feetio a!r$ inch iron (odwith cap set for an angle point,
8. S 20 G 47' IS' E for a distance of 782.68 feet to a % inch iron rod Ylith cap set for an angle poin!.
9 S 86 e
' 59' 35" E for a distance of 148.69 feet to a 'is inch iron rod with cap sel, for an angle point.
10. S 03" 36' 04~ W for a distance of 269.69 feet to a 1!J inch iron rod vlith cap set for an angle point.
11. S 2 r 57' S2~ W for a distance of 841.37 (eel to a Yz inch iron (od with cap set for an angle poin\.
12 S 49~ 11' 02" W for a dislance of 266.92 (eel 10 a lI:! inch iron rod with cap set for an angle point.
13. S 31" 12' 09" W for a distance of 416.63 feet to a Y.! inch iron rod with cap set for an <Ingle point,
14. S 8D~ 39' 10" E for a distance of 185.82 feet to a % inch iron rod with cap sel at Ihe beginning
of a curve to the right,
15. along said CUIVO to the righI, an arc distance of 38.89 feet, said curve having a radius of
69,974.51 feet, a central angle of ODe. 01' 55" anda chord bearing of S 08'-· 48' 56' W, (or a chord
distance of 38,89 feet to a ~ inch iron rod with cap sat al a pain! of compound cUlve to the rjgh!,
16. along said curve to Ihe right, an arc distance of 22.42 feel, said CUrve having a radius of 15.00
feel, acentml angle of 85··· 40' 12' and a chord bearing of S 51'"' 38' OS" W, for a chord dislance
of 20.39 feel 10 a y., inch iron rod with cap set al a point of reverse curve to Ihe lefi,
17. along said ClIrvC to Ihe left, an arc distance of 43.59 feet, said ClJrye having a radius of 275.23
feel,3 central ongle of 09" 04' 25" and a chord bearing of S 89'· 55' 02' W, for a chord distance
of 43.54 feet to a X inch iron rod wilh cap set at Ihe end of said curve,
lB. S 85" 22' 30' W for a distance of233.16 feel to a Yz inch iron rod with cap set al the beginning
of a curve to the righi,
19. along sa·ld CUfve to the right an arc distance of 389.03 feet, said curve having a radius of 570.01
feel, a central angle of 39<' 06' 16" and a chord of which bears N 75.0 04' 22" W for a chord
distance of 381.52 feet to a !tS inch iron rod with cap set a{ the end of said curve,
20. N 55" 31' 16" W for a distance of 134.52 feel to a X inch iron rod with cap set at the beginning
of a curve 10 Ihe righi,
21, along said curve to the right, an arc distance of 22.51 feet, said curve having a radills of 15.01
feel, a central angle of 85 0 56' 30' and 0 chord of which beors of N 12·' 30' 51' W, for a chord
distance of 20.46 fect to a !t21nch iron rod with cap set al a point of reverse curve 10 the left,
22. along saki curve 10 the left, an arc distance of 187.66 feci, said curve having a radius of 630.01
feel, a central angle of 17" 03' 59' and a chord bearing of N 21 ~ 56' 45' E, fOf a chord distance
of 186.96 feet 10 a Vi inch iron rod with cap sct allhe end of said curve,
23. N 13" 24' 47" E for a distance of 202,91 fcet to a YS inch iron rod INilh cap set for an angle point,
24. S 76'"' 35' 13" E for a dIstance of 152.05 feel to a }}Inch iron rod with cap sel (or an angle point,
25. N 77" 34' -18" E for a distance of 134.69 feel to a !h inch iron rod with cap sel for an angle point,
26. N 26" 42' 56' E for a distance of 577,95 feet to a ~ inch iron rod with cap set for an angle poinl,
27. /II 16"" 56' 02' E for a distance of 557.94 feet to a !h inch iron rod with cap set for an angle pOinl,
28. N 02" 57' 25" E for a distance of 1015.62 feet 10 a Y, inch iron rod with cap set for an angle point,
29. N 05~· 08' 39" W for a distance of 378.98 feel to a» inch iron rod with cap sct for an angle point,
Page 8 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 8
Exhibit H
Attachment number 11 \nPage 17 of 72
Item # L
GOLF COURSE IRRIGA T/ON LAND
CIMARRON HILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
30. N BBc, 50' 24~ W for a distance of 140.95 fcet to a !Ii inch iron rodwilh cap set for an angle pOint,
31. N 03" 09' 36~ E for a distance of 40.27 feel 10 a 14 inch Iron rod with cap set at the beginning of
a curve to the right,
32. (l/ong said cllrve to Ihe right, an arc distance of 320.69 foet, said CUf\'e haYing a radius of 569.94
feel, a central anglo of 32" 14' 19' and a chord of which bears N 19" 16' 44" E for a chord
distance of 316.48 faet to a % inch iron rod with cap set at the end of said clIrve,
33, N 34 ~ 59' 24" E for a distance of 71.83 feel to a !h inch iron rod with cap set at the beginning of
a curve 10 the righi,
34. along said curve 10 the righi, an arc distance of 125.65 feel, said curve having a radius of 574.44
feet, a central angle of 12" 31' 55' and a chord of which bears N 48" 50' 26' E for a chord
distance of 125.40 feet to a ~ inch iron rod with cap set at the end of said curve,
35. S 41 ~ 13' 4 r E (or a distance of 214.23 feel to a Y., inch iron rod with cap set for an anole pain!.
36. N 80" 09' 38' E for a distance of 177 .61 feet to a % inch iron rod with cap set for an angle point,
37. N 54" 08' 29' E for a distance of 177.68 feet to a X inch iron rod with cap set for an angle point,
38, N 23" 16' 1O~ E (or a distancQ of 175.11 foet to a X inch iron rod with cap sel for an angle pDinl,
39. N 23~ 17' 45" W for a distance of 794.20 feet to a !Ii Inch iron rod with cap set for an angle poinl,
40. N 59" 08' 58" W for a distance of 142.20 feet to a !Ii inch iron rod with cap set for an angle poinl,
41. N 30~ 50' 59" E for a distance of 239,79 feel 10 a }i inch iroll rod w1th cap set for an angle poinl,
42. S 45 c 33' 33' E for a distance of 318.15 feet to a '/z inch iron rod willi cap sel for an angle point,
and
43. N 68~ 44' 34~ E for a distance of 171.59 feel to tho POINT OF BEGINNING and containing 62 .63
acres of land, and
TRACT ICf"
COMMENCING al a iron rod found for the north\vest corner of said 812.99 acre Iract, being also the
northeast corner of thaI certain 121.21 flcre tract ofland as described in a deed 10 John F. & JeaneHe
l. Griffin, /II of record in Volume 2489, Page 651 of tile Deed Records of WIlliamson County, Texas, and
being in the soulh line of thai certain 170,00 acre trael of land as described in a deed to Stanley M. &
Carol R. Jensen of record in Volume 2179, Page 519 of the Deed Records of WIlliamson County, Texas;
THENCE, S 21 <' 11' 16" E, with the westline of saicl812.99 acre tract and tfle east line of said 121.21
acre Iract, for a dislance of 700.41 feel to a poinl;
THENCE, N 68'" 48' 44" E, departing the westline of said 121.21 acre tracl and over and across said
612.99 acre Iracl, for a distance of 73.69 feel 10 a Yz inch iron rod with cap sel altho POINT OF
BEGINNING of the herein described Iract;
THENCE, continuing over and across said 812.99 acre tract, wilh the nortll, east, south and .... 'esllines
of the herein described tracl, the following eighty (80) courses and distances;
1. N 70° 28' 14' E for a distance of 126.14 feel 10 a % inch iron rod with cap set,
2. N 36'~ 31' 38' E for a dislance of 60.18 feollo a}S inch iron rod wilh cap sel,
3. N 14 c' 08' 1 r W for a dislance of 308.48 feel 10 a X inch iron rod with cap sel,
4. N 35" 20' 02" E for a dis!80Ce of 198.98 (eel 10 a X inch iron rod with cap sel,
5. N 74" 21' SO' E for a distance of 420.70 feet 10 a Yl inch iron rodwilh cap sel,
Page 9 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 9
Exhibit H
Attachment number 11 \nPage 18 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARROI; IIiLLS
F.N. 6154 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
6. N 68 ~ 29' 53" E for a distance of 552.15 feet to a !t2 inch iron rod with cap set,
7. N 4r 48' 35' E for a distance of 190.99 feet to a Yz inch iron (od with cap sel,
8, N 69~ 56' 30' E for a distance of 38.40 feet to a ~ Inch iron rod with cap set.
9. S 61 ~ 02' 51" E for a distance of 64.84 feel 10 a y,. inch iron rod with cap set,
10. N 76° 52' 55" E for a distance of 1153.90 feet to a % inch iron fod with cap sel,
11. s sr 03' 29' E for a distance of 22'1.86 feet to a X Inch iron rod with cap set,
12. S 33" 03' 36' E for a distance of 356.69 feel 10 a X inch iron rod with cap set,
13. S 07" 41' OS' E for a distance of 89.96 feel to a %inch iron rod with cap sel,
14. S 44" 38' 38' E for a distance of 33.00 feet to a ~ inch iron rod with cap sel,
15. SOD" 36' 56" W for a distance of 26.99 feet to a Y, inch iron rod with cap sel.
16. S 20(' 58' 39" W for a distance of 41.84 feel If} a X inch iron rod with cap set,
17. S sr 46' 50' W for a distance of 125.46 feet If} a Yz inch iron rod with cap set,
18. S 13" 18' 57' E for a distance of 907.91 feet 10 a Y2 inch iron rod wilh cap sel,
19. S 61'" 19' 56< E for a distance of 152.19 feel to a ~ inch iron rod with cap set,
20. N 68" 59' 4U' E for a distance of 116.93 feet to a !h inch iron rod with Ct'lp set,
21. S 56~ 44' 05~ E for a distance of 81.95 feel to a !-S inch iron rod with cap set,
22. S 27'" 34' 51'" E for a distance of 51.21 feet 10 a!-S incl) iron rod with cap set,
23. N 67" 46' 31~ E for a distance of 163.74 feet to a y.. inch iron rod with cap sel in a curve to tile
right,
24. along said C\Hve, an arc dislance of 158.84 feet, said curve having a radius of 374.96 feel, a
central angle of 24'"-16' 20' and a chord bearing of S 20'" 54' 08" E, for a chord distance of
157.66 faet 10 a 112 inch iron rod with cap set al the end of said curve,
25. S 55" 47' 00' W for a distailCQ of 246.30 feet to a 0 inch iron rod with cap sel,
26, S 01" 00' 34' W for a distance of 124.89 feet to a Yo: inch iron rod with cap sel,
27. S 30" 50' 58· W for a distance of 117.63 feet to a Yo: inch iron rod wilh cap set,
28. S 59" 08' 57" E for a dislance of 127.82 feet to a 1;1 inch iron rod with cap sct,
29. S 30"" 51' 03' W for a distance of 56.64 feet to a X, inch iron rod with cap set,
30. N 59" 08' 56" W for a distance of 148.16 feet to a v.. inch iron rod wilh cap sel,
31. S 54 c" 23' 37" W for a distance of 164.97 feel to a Yz inch iron rod with cap sel,
32. S 72" 0 l' 42" W for a distance of 141.18 (eel 10 a !h inch iron rod with cap sel,
33. N 85(; 04' 04" W for a distance of 125.03 (eel 10 a y.. inch iron rod with cap set,
34. N 77~ 17' or W for a distance of 324.3 f (eel 10 a ~ inch iron rod with cap sel,
35, N 04~ 38' 34~ E for a distance of 230.54 feel 10 a !o'$ inch iron rod with cap set allhe beginning
of a curve \0 the lefl,
Page iO of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 10
Exhibit H
Attachment number 11 \nPage 19 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON I/ILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
36. along sair, curve 10 Ihe lefl, an arc dis lance of 114.67 feel, said curve having a radills of 625.18
feel, a central angle of 10') 30' 32 and a chord bearing of N 00" 36' 56' W, for a cl10rd distance
of 114.51 feel 10 a % inch icon radwith cap set at the end of said curve,
37. S 64 '., 0 l' 56' E for a distance of 85.80 feel to a 1;} inch iron rod wHIl cap set.
38. S 71 0 25' Og" E for a distance of 141.4 7 feet to a !h inch iron rod with cap set,
39. N 20~ 15' 42~ W for a distance of 726.12 feol to a Yz inch iron rod with cap set,
40. N 64 ~ 26' or E for a distance of 160.10 feel to a !h inch kan rod with cap sel,
41. NOD" 54' 53" E for a distance of 485.45 reel 10 a ~ inch iron rod with cap set,
42. N 40" 40' 08' W (or a distance of 351.87 feet to a X lnch iron rod willl cap sot,
43. N 82 0 08' 24" W for a distance of 195.97 feel 10 a % inch iron rod wilh cap set,
44. N 87<' 09' 24" W for a distance of 386.05 (eella a % inch iron rod wilh cap set,
45. S Gr 16' 01' Wfor a distance of 80.21 feel 10 a 'h inch iron (ad with cap sel,
46. S or 51' 35" W fOf a dis tan co of 153.78 feel 10 a X inch iron rod wilh cap sel.
47. S 68 c' 16' 31' W for a dislance of 669.30 fect to a y.. inch iron fod Willl cap set,
48. S 87" 35' 08" W for a distance of 578.81 (eel 10 a X inch Iron rod wah cap set,
49. S 02~ 21' 56~ E for a dislance of 376.26 feet to a % inch iron rod with cap sel,
50. S 51'~ 37' 00' E for a distance of 144.70 feet to a Y.! inch iron rodwilh cap sel,
51. N 80" 05' 47' E for a distance of 258.71 feel 10 a X inch Iron rod with ~ap set,
52. S II ,. 45' 40" E for a ciistance of 294.13 feet to a Y2 inch iron rod with cap sel.
53. S 04'" DO' 03" E (or a distance of 554.39 feet to a !t) inch iron rod wilh cap set.
54. S 55" 22' 22~ E for a dislanco of 68.33 feel to a !I.? inch iron rod with cap set,
55. S n c
' 00' IS" E (or a distance of 89.53 feel to a ~ incll iron rod wilh cap set,
56. S 43° 31' 21" E fOf a distance of 429.99 feet 10 a Y2 inch iron rod with cap set,
57. S 43" 27' 26" E (or a distance of 541.53 leello a 'h inch iron rod with cap sel,
58. S 32" 59' 50" E for a distance of 732.61 reel 10 a !h inch iron rod wilh cap set,
59. S 55'" 08' 28' E for a distance of 84,58 feet to a '!Ii inch iron (od with cap set in a curve 10 the
right,
60. along said curve 10 the righi, an arc distance of 330.26 feel, said curve having a radius of 275.28
feet, a central angle of 68~ 44' 15' tHld a chord bearing of S 73~ 10' 52" W, for a chord distance
of 310.80 foello a Y2 inch iron rod with cap sel al tfle end of said curve,
61. N 15 0 58' 36" E for a distanco o( 116.04 reel 10 a Y; inch iron rod with cap sot (or an angle point,
62. N 49° 54' 45" W for a distance of 374.39 feel to a Yz inch iron radwilh cap set for an angle point.
63. S 16" 12' 49" W for a distance of 262.38 feel to a ~ inch iron rod with cap sel at the beginning
of a curve to the right,
64. along said curve to the righI, an arc disl8nce of 132.96 feet, said curve having a radius of
375.29 feel, a contra I angle of 20" 17' 57' and a chord be8ring of N 52' 41' 17' W, for a cl10rd
Page 11 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 11
Exhibit H
Attachment number 11 \nPage 20 of 72
Item # L
GOLF COUHSE IRRIGATION LAND
CIMARRON HILLS
F.N.6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
distance of 132.27 feci to a 'h inch Iron rod with cap set althe end of said curve,
65. N 42" 47' 02" W (or a distance of 119.53 feet to a Yz inch iron rodwilh cap set for an angle point,
66. N 47°' 13' 04' E for a distance of 232.97 feet \0 a Yz inch iron fadwilb cap set for an angle point,
67. N 51 ~ 53' 20' W for a distance of 306,37 feel to a Yz inch iron rod with cap sel for an angle po'mt,
68. N 61" 11' 13" W for a distance of 511.94 feel 10 a "h inch irot) rod with cap set for an angle poinl.
69. N 38" 03' 04' W for a dislance of 117,77 feel to a X inch iron rod with cap selfor an angle point
70. N 14" 56' 14" W for a distance of 572.55 feet to a Yz iron rod with cap set for an angle point,
71. N 73" 45' 44" W for a distance of 305.34 (eel 10 a Yo> inch iron rodwilh cap sel for an anglo point,
72. N 21" 12' 40" W for a distance of 30.85 (eetto a y., inch ifon rod with cap sel in a ClJrve to Ihe
lefl,
73. along said curve to the left, an arc distance of 33.16 feet, said curve having a radius of 420.22
feel, a cenlral <Ingle of 04'> 31' 16" and a chord bearing of N 23" 27' 42' W, for a chord distance
of 33. j 5 feel to a Yz inch iron rod with cap sel at Ihe end of said curve,
74. S 73" 45' 00' E for a distance of 189.68 feel to a Y2 inch iron rod with cap set for an angle pain!.
75. N 17° 10' 57" E for a distance of 46.30 feel 10 a Yz inch iron rod with Cap set for an angle point,
76, N 20~ 59' 54" W for a distanco of 244.07 feel 10 a !1 inch iron rod with cap sel for an angle poinl,
77. N 52" 15' 24' W for a distance Of381.90 feel 10 a ~ inch iron rodwilh cap set for an angle point,
78. S 46" 23' 18' W for a distance of 149.70 feel 10 a Yz inch iron rod with cap set in a curve 10 the
right,
79. along said curYe to the right, an arc distance of 81.81 feel, said curve having a radiUS of 275.00
feel, a central angle of 11" 02' 43" and a chord bearing of N 28'" 03' Og" W, for a chord distance
of 81.51 feet 10 a !Ii inch iron rod with cap set althe end of said curve, and
80. N 19 0 31' 47' W for a distance of 314.24 feel 10 the POINT OF BEGINNING and containing
73.92 acres of hmd, and
TRACT"G!!
COMMENCING al a v., inch jron rod (ound forthe southeast corner or said 812.99 acre tract, being also
the southwest corner of thai certain 37.995 acre lract of land as described in a deed to H. H. Rothel! of
record in Volunle 649, Page 607 of the Deed Records of Williamson County, Texas, being also in Ihe
northerly fine of Slate Highway 29, a 100 foot wide right-or-way and belnglhe southeast corner of the
herein described tract;
THENCE, N 82" 26' 24" W, with the south line of said 812.99 acre tract, the north line of said Slate
Highway 29 righl-ot-way and the soulh line of the herein described I(ncl, for a distance of 4103.66 feel
to a point;
THENCE, N or 33' 36° E, departing Ihe north line of said Siale Highway 29 righl-of-way and over and
across said 812.99 acre tract, fOf a distance of 415.28 feel 10 a 11;. inch iron rod with cap sel for the
POINT OF BEGINNING and Ihe southwesl corner of the herein described tracl;
THENCE, continuing oyor and across said 812.99 acre f«lCI the following thirteen (13) courses:
1. N 22 c
' 03' 30' W for a distance of 329.14 feet 10 a Yo> inch iron rod with cap set for an angle point,
2. N 14 <' 07' 48' E for a (iislance of 451.41 foelto a Yz inch iron rod \0tl1 cap set for an angle poJnt,
Page 12 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 12
Exhibit H
Attachment number 11 \nPage 21 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON HILLs
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
3. N 47" 33' or E for a distance of 300.00 feet to a 112 inch iron rodwilh cap set for an angle pair)!,
4. S 88" 51' 40" E for a distance of 923.56 feet 10 a Vz inch iron rod with cap set (or an angle point.
5, S 31 u 31' 23~ E for a distance of 87.66 feel to a Yl inch iron rod with cap set (or an angle point,
6. S 21'" 14' 43" W for a distance of 532.09 reel to a ~ inch iron rod with cap sel in a curve to the
lefl,
7. along said curve to the left, an (lrc distance of 76.07 feet, said curve having a radius of 430.24
feel, a cent cal angle of 10" aT 49' and a chord of which bears S 85" 10' 09' W for a chord
distance of 75.97 feel 10 a 1h inch Iron rod with cap set at Ihe end of said curve,
8. S ao~ 06' 15" W for a distance of 200.58 feel to a % inch Iron rod wilh cap sal at the beginning
of a curve to the lefl,
9. along said curve to the left, an arc distance of 239.86 feel, said curve having a radius of 730.35
feel, a central angle of 18" 49' 00' and a chord of which bears S 70" 41' 24" W for a chord
distance of 238,78 feet to a ~ inch iron rod with cap set at the end of said curve,
10, S61° 16' 34' W for a distance of388.87 foet to a Yz inch lron rodwilh cap set at the beginning
of a curvc to the right,
11. along said curvc to the right an mc distance of '\6,68 feel, said curve having a radius of 15.00
feet, a central angle of 63° 42' 04' and a chord of which bears N 8Go 52' 07' W for a chord
distance of 15.83 feel 10 a Yz inch iron rod with cap set at a point of reverse curve 10 the lefl.
12. along said curve to the leH, an arc distance of 124,21 feel, said curve having a radius of 85.0 1
feet, a cenlral angle of 83° 42' 52' and a chord of which bears S 83~ 07' 29' W for a chord
distance of 113.45 (eel to a y.. inch iron rod with cap set at a pOint of reverse curve 10 the righI,
and
13. along said curve to the right, an arc dislance of 16.56 (eel, said curve having a radius of 15.00
feel, a central angle of 63 0 15' 30' and a chord of which boars S 72 u 53' 48" W for a chord
disiance of 15.73 feel to the POINT OF BEGINNING and conlaining 18.87 acres of land
Bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 1983
Convergence ~ 01"21'21'.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That It William O. Warrick, a Registered Professionnll.and Surveyor, do hereby state that the
above description is true and correct to the besl of my knowledge <lnd belief and that the property
described herein was determined by a survey made on the ground dLlringApril, 2000 under my direction
and supervIsIon.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas Ihis the r' day of Augusl,
2000,AD.
P8S&J
P,O. Box 162690
Austin, Texas 78716-2690
~,;), /t/?t-:}:-Uf'i
William D. Warrick
Registered Professional land Surveyor
No. 4426 M Slate of Texas
Pago 13 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 13
Exhibit H
Attachment number 11 \nPage 22 of 72
Item # L
ACCESS EASEMENTS
CIMARRON HILLS
F,N,GI69 (WOW)
AUGUST 7, 2000
PBS&J JOB NO, 440190,00 2501
DESCRIPTION OF SIX (6) TRACTS OF LAND, A 0.08 ACRE TRACT, HEREIN CALLED ACCESS
EASEMENT NO, I, A 0,30 ACRE TRACT, HEHEIN CALLED ACCESS EASEMENT NO, 2, A 0.97
ACRE TRACT, HEREIN CALLED ACCESS EASEMENT NO, 3, A 0,08 ACRE TRACT, HEREIN
CALLED ACCESS EASEMENT NO, 4, AO,07 ACRE TRACT, HEREIN CALLED ACCESS EASEMENT
NO, 5 AND A 0,07 ACRE TRACT, HEREIN CALLED ACCESS EASEMENT NO, 6, ALL SITUATED IN
THE A H. PORTER SURVEY,ABSTRACT, BEING PARTS OF THAT CERTAIN CALLED 812,99ACRE
TRACT OF LAND AS DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN
VOLUME 2148, PAGE 318 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
ACCESS EASEMENTS 1, 2, 3, 4 AND 5 BEING DESCRIBED BY METES AND BOUNDS AS
FOllOWS:
ACCESS EASEMENT NO, 1
COMMENCING at an iron rod found (or an ell corner in the east line of said 812.99 acre Iracl and being
the northwest corner of thai certain 274.53 acre Iract of land as doscrihed in a deed to The Rathel!
Family Limited Partnership, of record in Volume 2527, Page 28 of tile Deed Records of Williamson
County, Texas;
THENCE, S 14" 04' 56' W, deparling lhe northwest corner of said 274.53 acre tract, and over and
across said 812.99 acre lract, for a distance of 2606.42 feet to the POINT OF BEGINNING and the
northeast corner of the herein described Iracl;
THENCE, continuing over and across said 812.99 acre tract, with the east, soulll, west and norHllines
of the herein described tract, Ihe following four (4) courses:
1. S 04" 37' 30" E, for a distance of 60.00 feet to the southeast corner of the herein described tracl,
2. S 85"' 22' 33~ W for a distance of60.00 feet to the southwest comerof the herein described Iracl.
3. N 04 ~ 37' 30' W for a distance of 60.00 feel 10 the northwest corner of the herein described tracl,
and
4. N 85" 22' 30' E for a distance of 60.00 feet 10 Ihe POINT OF BEGINNING and containing 0.08
acres of land, and
ACCESS EASEMENT NO, 2
COMMENCING at an iron rod fOLlnd for the southwest corner of said 812.99 acre tract, being also lhe
southeasl corner of that certain 8.81 acre tract of land as descfibed in a deed 10 GC&E SeNicss, Inc.
of record In Volume 2621, Pags 136 of Ihe Deed Records of Williamson COllnty, Texas and being in the
north line of State Highway 29, a 100 fool wide right-of-way;
THENCE, N 47" 01' 11' E, departing Ihe norih line of said State Highway 29 and over and across said
a12.99 acre Iracl, for a distance of 1598.86 feel to the POINT OF BEGINNING and beIng Ihe northwest
comer of the herein described Iracl;
THENCE, continuing oYer and across sa'ld 812.99 acre tracl, with Ihe north, east, south and west lines
of the herein described tract, the fOHowing five (5) courses:
1. along a curve to Ihe left, an arc distance of 30.82 feel, said curve having a radius of 630.00 feet,
a central angle of 02" 48' 09' and a chord of which bears N 50'0 09' 34" E for a chord distance
of 30.81 feollo the end of said cUlve,
2. N 48" 45' 38" E for a distance of 29.23 feet to the flol1heasi corner of the herein described tract,
3. S 42"-27' 26" E for a distanco of 198.27 feet to Ihe southeast corner of the herein described tracl.
4. S -14" 10' 43" W (or a distance of 71.84 feet 10 the southwest corner of the Ilerein described tracl,
and
Page I
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 14
Exhibit H
Attachment number 11 \nPage 23 of 72
Item # L
ACCESS EASEMENTS
CIMARRON HILLS
F.N. 6169 (WDW)
AUGUST 7, 2000
PBSSJ JOB NO. 440190.00 250 I
5. N 42' 27' 26" Wfor adislanc. of239.81 feel 10 Ihe POINT OF BEGINNING and conlaining 0.30
acres of land, and
ACCESS EASEMENT NO, 3
COMMENCING at an iron rod found for Ihe southeast corner of said 812.99 acro tract, being also the
southwest corner of that c~rtain 37,995 acre Iract of land as described in a deed 10 H. H. Rathel! of
record in Volume 649, Page 607 of llle Deed Records of Williamson County, Texas and being in the
north line of Slate Highway 29, a 100 foot wide right-of-way:
THENCE, N 49" 40' 55' W, departing the north line of said Slale Highway 29 and over and across said
812.99 acre tracl, for a distance of 1317.12 feet 10 Ihe porNT OF BEGINNING and being the southeast
corner of the hereill described Iract;
THENCE, continuing oyer and across said S12,99 acre tract, with tho SQuth, west, north and east lines
of tho herein described tracl, the following six (6) courses:
1. S 77" 00' 47" W for a distance of 5.28 feel 10 the beginning of a curve to tile right,
2. along said curve to tile right, an arc distance of 54.84 feel, said curve having a radius of 325.00
feet, a central angle of 09 0 40' 20' and a chord of which bears N 81" 50' 41" E for a chord
distance of 54.78 feel to the southwest corner of the herein described Iract,
3. N 06" 30' 19" W for a distance of 50.09 feel to the northwest comer of tile herein described tracl
and being in a curve 10 tile left,
4. along said curve to the left, an arc distance of 49.19 feet. sa'ld curve having a radius of 275.00
feel a central angle of 10" 15' 3S" and a chord bearing of N 82~ OS' 14" E for a chord dis\nnce
of 49.12 feet to the end of said curve,
5. N 71" 00' 49' E for a distance of 10.96 fee! to the northeast corner of the herein described tracl,
and
6. S 06 C 30' 19' E for <l distance of 50.32 feel 10 the POINT OF BEGINNING and containing 0.07
acres of land, and
ACCESS EASEMENT NO.4
COMMENCING al an iron rod found for Ille southeast corner of said 812.99 acre tract, being also the
southwest corner of thai certain 37,995 acre tracl of land as described in a deed 10 H. H. Rothell of
record in Volume 649, Page 607 of the Deed Records of Williamson County, Texas and being in the
north line of State Highway 29, a 100 foot wide rigllt-of-way;
THENCE, N 69 0 55' 15~ W, departing the norlh line of said Slate Highway 29 and over and across said
812.99 acre tracl, for a distance of 3451.80 feel to the POINT OF BEGINNING and being the southeast
corner of the herein described Iract;
THENCE continuing over and across said 812.99 acre tracl, with the soulh, west, north and east lines
of tne herein described tract, Ihe following six (6) courses:
1. S SO'" 06' 0 I" W for a distance of 51.89 feel to the begillning of a curve to Ihe righI,
2. along said clirve to tile right, an arc distance of 8.11 feet, said curve having a radius of 670.00
feet, a cenlml angle of 00" 41' 37" and a chotd of Which bears S 79'" 45' 21" W for a chord
distance of 8.11 feet to the southwest corner of the herein described Iract,
3. N Og" 53' 46" W for a distance of 60,01 feel 10 Ihe northwest cOrnet of Ihe herein described Irdcl
Page 2
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 15
Exhibit H
Attachment number 11 \nPage 24 of 72
Item # L
ACCESS EASEMFNTS
CIMARRON HILLS
and being in a curve 10 the leH,
F.N. 6169 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
4. along said curve to the left , an arc distance of 8.11 feel, said curve having a radius of 730.00 feel
a central angle of 00" 38' 10' and a chord bearing of N 79" 46' 50' E for a chord dist.mea of 8.11
feet to the end of said curve,
5. N 80~ OS' 14~ E for a distance of 51.89 feet to the northeast corner of the herein described tract,
and
6. S 09<> 53' 46" E for a distance of 60.00 feet to Ihe POINT OF BEGINNING and coni<iining 0,08
acres of land, and
ACCESS EASEMENT NO.5
COMMENCING al an iron rod found for the southwest corner of said 812,99 acre tracl, being also the
southeast comer of Ihal certain 8.B I acre tract of land as described in a deed to GC&E Services, Inc,
of record in Volume 2621, Page 136 oflho Deed Records of Wliliamson County, Texas and being in Ihe
north line of Slale Highway 29, a 100 fool wide right-or-way;
THENCE, N 30° 15' 56" E, deparling the north line of said Slale Highway 29 and over and across said
812.99 acro lrael, for a distance of 1297.29 feet to the POINT OF BEGINNING and being the southwest
cOiner of thO herein described Uaet;
THENCE, continuing over and across said 812.99 acre iracl, with Ihe west, north, east and soulh lines
of tho herein described lracl, the following five (5) courses:
1. N 04" 2S' 53' E for a distance 0(60.00 feet to Ihe northwest corner of the herein described tract,
2. S 85" 33' 5r E for a distance of 50.00 feet to llle nor1heast cornor oflhe horejn described tracl,
3. S 04 v 26' 0 I" W for a distance of 60.00 feel to the southeast corner of the herein described Iracl,
and
4. N 85" 33' 57' W for a distance of 50.00 feet to Ihe POINT OF BEGINNING and containing 0.07
acres of land, and
ACCESS EASEMENT NO.6
COMMENCING al an iron rod found for an ell corner in Ihe west line of said B 12.99 acrelract and being
the southeast corner of thai certain 98.30 acre tract of land as described in a deed to Millon lee & Judy
Marie Owen, Jr. of record in Volume 2208, Page 603 of the Deed Records ofWi!liamson Counly, Texas;
THENCE, N 33~' 40' 54' E, departing Ihe southeast corner of said 98.30 acre tracl, and over and across
said 812.99 acre tract, for a distance of 1693.58 feet to the POINT OF BEGINNING and being the
southeast corner of the herein described tract;
THENCE, continuing over and across said 812.99 acre tracl, with the south, west, north, and east lines
of the herein described tract, the following four (4) courses:
1. N 62" 09' 48" W (or a distance of 53.BO feet to the southwest corner of Ihe herein described Iract
and being in a Cllrve to the left,
2. along said Cllrve 10 Ihe left, an arc distance of 60.12 feet, said curve having a radius of 275.00
feel, a central angle of 12" 31' 33~ and a chord of which bears N 45<> 04' 08" E for a chord
distance of 60.00 feel to Ihe norlhwest corner of the herein described tract.
Page 3
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 16
Exhibit H
Attachment number 11 \nPage 25 of 72
Item # L
ACCESS EASEMENTS
CIMARRON HILLS
F.N. 6169 (WOW)
AUGUST 7,2000
PBS&J JOB NO. 440190.00 2501
3. S 63 ~ 05' 0 I~ E for a distance of 50.92 feel to the northeast corner of the herein described tract
and being In a curve to the righl, and
4. along said curve 10 the right, an arc distance of 60.09 feet. said curve heWing a radius of 325.00
feel, a central angle of 10" 35' 40' and a chord of which bears S 42" 11' 56" W for a chord
dislance o[ 60.00 [eel 10 Ihe POINT OF BEGINNING and conlaining 0.07 acres o[ land.
Bearings are based on Ihe Texas Siale Plane Coordinate System, Cenlral Zone, NAD 1983
Convergence:; 01"21'2r.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
Thall, William D. Warrick, a Reo'islered Professional Land Surveyor, do hereby state thai the
above description is true and correct to Ihe besl of my knowledge and bolief and thailhe properly
described herein was determined by a survey made on the ground during July and August, 2000 under
my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the t, day of August,
2000, A.D.
PBS&J
P.O. Box 102690
Austin, Texas 78716-21390
/{litit~~ /.J .I~"V/U'(
William D. Warrick
Registered Professional land Surveyor
No. 4426· Siale of Texas
Page 4
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 17
Exhibit H
Attachment number 11 \nPage 26 of 72
Item # L
SCALE: 1"=300'
I AUGUST, 2000
~'t
GRAPHIC SCALE
LEGEND:
--.-------~ ..
CURVE
Cl
C?
CUHVE TABL(
tHO 8EAR,tIG
to' 45'04 'oa: ~ s 42""56 II
NiC
60,12
110.09
fANG CHORD
.10.16 60.00
JO.l,\ 60.00
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 18
Exhibit H
Attachment number 11 \nPage 27 of 72
Item # L
W1E
1I
l2
U
l4
, ,
\
DlST
60.00
!JO.OO
(;0.00
~O.OO
\ , ,
\ , ,
8[AR111G
II 04'25'SJ" E
S 8!)'3J'S7" t
S 04'26'01 ,. IV
N 8:J'jJ'5T Vi
\
\
\ , ,
_\
4(IS67 lie
(HA,~E~ ~~~?gJ'.s tI,W~O
UII.VCT,
\
Tract D
41.94 Acre!
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 19
Exhibit H
Attachment number 11 \nPage 28 of 72
Item # L
CURVE OElTA
C1 09'~O'20~
C2 10'15'38"
(:3 00'41'J7-
C4 CO'3fl'lO"
, ,
TrllOt D \
SO.If) Acrl>:f \
L1I,E
II
l2
" l4
l5
l6 l7
1.8
~IB~O A-:
IIn.-'l), II. TlPf>!t
S70/~8l
DR.Yc,r,
LI~( TABL(
0151 BEARING
5,28 S 77'00'47" VI
50.09 N 06'JO'19~ W
10.95 N 77'OO'49~ E
50,32 S 06'JO'19" E
51.89 S 80'013'0" W
GO,01 N 09'[J3'46~ VI
51.89 N 80'06'11" E
GO.OO S 09'53'46' E
curNr TA8LE
fMO:US CHD SEARING ARC
J?!l,OQ " 81'50'41" E 54)34
775.00 fI B2'C8'14~ E 49.19
670.00 S 79'45'21'· \'i lUI
730.00 fJ 79'016'50" [ 8.11
TNW CHORD
27.49 ~J4,78
24.u6 49.1:.'
4.06 R.ll
4.06 B.11
SCALE: 1"=300'
AUGUST, 2000
GRAPHIC ScALE
o • • • • • -"-
M\f.
LECEN,~D,--: __ _
C'~:i~RETE Ijf','.l.lJlf.'T srr
,R()~. 1100 fOJ~,l)
U,C'i 1'.,,0 Sf.[
cone·11 SP,li){.t sn
p r:. n"'l sn
IIiJI HAL Sri'
Ii'J-lO,~G U~t
P(}!lU': Ul,lfIY fAStvwr
D~},~t·,C[ r»:[v"~{f
S')[IiM..K
----St'IN~"Y l'll~
Tract C
21.74 Acr~8
It
37<;,3 ,_
lUI ~UTlnL
\V""" EO f:,.~ 01
t',~_\lr_r.
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 20
Exhibit H
Attachment number 11 \nPage 29 of 72
Item # L
“Exhibit B”
Exhibit H
Attachment number 11 \nPage 30 of 72
Item # L
7.99ACRES
EFFLUENT POND
F.N. 6155 (WOW)
AUGUST 7, 2000
PBSSJ JOB NO. 440190.00 5001
DESCRIPTION OF A 7.99 ACRE TRACT OF LAND, SITUATED IN THE A. H. PORTER SURVEY,
ABSTRACT, BEING A PORTION OF THAT CERTAIN CALLED 812.99 ACRE TRACT OF LAND AS
DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN VOLUME 2148, PAGE
318 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEMS, SAID 7.99 BEING
DESCRIBED BY METES AND BOUNDS AS FOllOWS:
COMMENCING al an iron (od found for the mosl westerly northwest corner of said 812.99 acre Iracl,
being also tho southwest corner of that certain 98.30 acre tract as described in a deed to Millon Lee &
Judy Marie Owen, Jr. of record in Volume 2208, Page 603 of the Deed Records of Williamson County,
Texas and being in the east line of Ihal certain 20.0 acre Iract of land as described In a deed to Mrs, Sam
Goldonberg of record in Volume 1705, Page 793 of Ihe Deed Records of Williamson County, T oxas;
THENCE, S 21 0 12' 27" E, with the west line of said 812.99 acre lract and tho east line of said 20 aero
lract, for a distance of 425.84 feol to a point;
THENCE, N 69 0 27' 50' E, departing Ihe east line of said 20 aero tract and over and across said 812.99
acre tract, (or a distance of 436.92 feel to Y.z inch iron rod \-'1ith cap set at the POINT Of BEGINNING and
the northwest corner of the herein described troel;
THENCE, continuing over and across said 812.99 acre tract, wilh Ihe north, east, south and west lines
of tho herein described tract, Ihe following nine (9) courses:
1, N 69 0 27' 50' F. for a distunce of 221.10 feel 10 n Yl inch Iron rod with cap set althe beginning
of a curve to the right,
2. along said cU/ve 10 the right, an arc distance of26,93 (eel, said curve having a radius of 325.00
feel, a central angle of 04° 44' 52' and a chord bearing of N 71 0 50' is" E for a chord dislance
of 26.92 feet to a Yllnch iron rod with cap set allhe end of said curve and being the northeast
corner of the herein described tract,
3, S 15" 47' 22" E for a distance of 148.25 reel to a y.; Inch Iron rod with cap sel,
4. S S8~ 29' 54' E for a distance of 213.27 feel 10 a % inch iron rod with cap sel,
6, S 44" 27' 38" E for a distance of 148.74 feel to a Yz inch iron rod with cap sel,
6. S 06" 14' 43" E for a distance of 689,71 feel to a % inch iron rod wilh cap set,
7. S 41" 05' 05" E for a distance of 154.30 feci to a ~ inch iron rod with cap sel al the soulheasl
corner of Ihe horein described tracl,
8. N 86 .... 46' 02" W (or a distance of 255.00 foot to a 01 inch iron rod wHh cap set at the southwest
corner of the herein described Iracl, and
9. N 25" 48' 30' W for a dis lance of 1142.53 feet to Ihe POINT BEGINNING and conlaining 7.99
acres of land.
Bearings are based on Ihe Texas Slate Plane Coordinate System, Central Zone, NAD 1983
Convergence:;:: 01 "21 '27",
THE STATE OF TEMS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
Thall, William D, Warrick, a Registered Professional land Surveyor, do hereby slate thai the
above description is true and correct to Ihe besl of my knowledge and belief and Ihal Ihe property
described herein was delennined by a survey made on Ihe ground during July and August, 2000 under
my direction and supervision,
WITNESS MY HAND AND SEAL al Auslln, Travis Counly, Texas this Ihe 7" day of August,
2000, A.D.
."'~ . ~'" ,\1'0 "'"'' 1'12+' f0j~' /J J//. .J PBS&J Af...,'r' •• ·.~\8rE;; •••• "9~ ,././(/C:~-vu
P.O. Box 162690 /JJ0/~(;, 11 ~(} ... (f, Williarn D, Warrick
Austin, Toxas 78716-2~"ilLii':if6:WMRiCK ~egisto(ed Professional Land Surveyor
~'~\~><·M'2i3;~~.i~1': o. 4426 -State of Texas
'i"A:·.?I:" 8:)\0, ... : .... 0 . ,,,) .. ,,,,,,.,'1'<-
~ SUf\ ~'/'-~~
EXHIBIT B EXISTING EFFLUENT POND PAGE 1
Exhibit H
Attachment number 11 \nPage 31 of 72
Item # L
“Exhibit C”
Exhibit H
Attachment number 11 \nPage 32 of 72
Item # L
7.99ACRES
EFFLUENT POND
F.N. 6155 (WOW)
AUGUST 7, 2000
PBSSJ JOB NO. 440190.00 5001
DESCRIPTION OF A 7.99 ACRE TRACT OF LAND, SITUATED IN THE A. H. PORTER SURVEY,
ABSTRACT, BEING A PORTION OF THAT CERTAIN CALLED 812.99 ACRE TRACT OF LAND AS
DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN VOLUME 2148, PAGE
318 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEMS, SAID 7.99 BEING
DESCRIBED BY METES AND BOUNDS AS FOllOWS:
COMMENCING al an iron (od found for the mosl westerly northwest corner of said 812.99 acre Iracl,
being also tho southwest corner of that certain 98.30 acre tract as described in a deed to Millon Lee &
Judy Marie Owen, Jr. of record in Volume 2208, Page 603 of the Deed Records of Williamson County,
Texas and being in the east line of Ihal certain 20.0 acre Iract of land as described In a deed to Mrs, Sam
Goldonberg of record in Volume 1705, Page 793 of Ihe Deed Records of Williamson County, T oxas;
THENCE, S 21 0 12' 27" E, with the west line of said 812.99 acre lract and tho east line of said 20 aero
lract, for a distance of 425.84 feol to a point;
THENCE, N 69 0 27' 50' E, departing Ihe east line of said 20 aero tract and over and across said 812.99
acre tract, (or a distance of 436.92 feel to Y.z inch iron rod \-'1ith cap set at the POINT Of BEGINNING and
the northwest corner of the herein described troel;
THENCE, continuing over and across said 812.99 acre tract, wilh Ihe north, east, south and west lines
of tho herein described tract, Ihe following nine (9) courses:
1, N 69 0 27' 50' F. for a distunce of 221.10 feel 10 n Yl inch Iron rod with cap set althe beginning
of a curve to the right,
2. along said cU/ve 10 the right, an arc distance of26,93 (eel, said curve having a radius of 325.00
feel, a central angle of 04° 44' 52' and a chord bearing of N 71 0 50' is" E for a chord dislance
of 26.92 feet to a Yllnch iron rod with cap set allhe end of said curve and being the northeast
corner of the herein described tract,
3, S 15" 47' 22" E for a distance of 148.25 reel to a y.; Inch Iron rod with cap sel,
4. S S8~ 29' 54' E for a distance of 213.27 feel 10 a % inch iron rod with cap sel,
6, S 44" 27' 38" E for a distance of 148.74 feel to a Yz inch iron rod with cap sel,
6. S 06" 14' 43" E for a distance of 689,71 feel to a % inch iron rod wilh cap set,
7. S 41" 05' 05" E for a distance of 154.30 feci to a ~ inch iron rod with cap sel al the soulheasl
corner of Ihe horein described tracl,
8. N 86 .... 46' 02" W (or a distance of 255.00 foot to a 01 inch iron rod wHh cap set at the southwest
corner of the herein described Iracl, and
9. N 25" 48' 30' W for a dis lance of 1142.53 feet to Ihe POINT BEGINNING and conlaining 7.99
acres of land.
Bearings are based on Ihe Texas Slate Plane Coordinate System, Central Zone, NAD 1983
Convergence:;:: 01 "21 '27",
THE STATE OF TEMS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
Thall, William D, Warrick, a Registered Professional land Surveyor, do hereby slate thai the
above description is true and correct to Ihe besl of my knowledge and belief and Ihal Ihe property
described herein was delennined by a survey made on Ihe ground during July and August, 2000 under
my direction and supervision,
WITNESS MY HAND AND SEAL al Auslln, Travis Counly, Texas this Ihe 7" day of August,
2000, A.D.
."'~ . ~'" ,\1'0 "'"'' 1'12+' f0j~' /J J//. .J PBS&J Af...,'r' •• ·.~\8rE;; •••• "9~ ,././(/C:~-vu
P.O. Box 162690 /JJ0/~(;, 11 ~(} ... (f, Williarn D, Warrick
Austin, Toxas 78716-2~"ilLii':if6:WMRiCK ~egisto(ed Professional Land Surveyor
~'~\~><·M'2i3;~~.i~1': o. 4426 -State of Texas
'i"A:·.?I:" 8:)\0, ... : .... 0 . ,,,) .. ,,,,,,.,'1'<-
~ SUf\ ~'/'-~~
EXHIBIT B EXISTING EFFLUENT POND PAGE 1
Exhibit H
Attachment number 11 \nPage 33 of 72
Item # L
“Exhibit D”
Exhibit H
Attachment number 11 \nPage 34 of 72
Item # L
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
P.O. Box 13087
Austin, Texas 78711-3087
PERMIT TO DISCHARGE WASTES
under provisions of Chapter 26
of the Texas Water Code
City of Georgetown
whose mailing address is
300 Industrial Avenue #1
Georgetown, Texas 78626
PERMIT NO. WQ0014232001
This amendment supersedes and
replaces Permit No. WQ0014232001
issued November 17,2008.
Nature of Business Producing Waste: Domestic wastewater treatment operation, SIC Code 4952.
General Description and Location of Waste Disposal System:
Description: The Cimarron Hills Wastewater Treatment Facility consists of an activated sludge process plant
using the conventional mode. Treatment units in the Interim I and II phase include fine screen, anoxic basin,
aeration basin, final clarifier, aerobic sludge digester, effluent filter and chlorine contact chamber. The facility
is in operation. Treatment units in the Final phase will add another module consisting of an anoxic basin,
aeration basin, final clarifier, aerobic sludge digester, effluent filter and chlorine contact chamber. The facility
includes one storage pond with a total surface area of 5.8 acres and total capacity of 54 acre-feet for storage of
treated effluent prior to irrigation in the Interim I and II phases. The facility will include two storage ponds
with a total surface area of 13 acres and total capacity of 133.91 acre-feet for storage of treated effluent prior.
to irrigation in the Final phase. The permittee is authorized to' dispose of treated domestic wastewater effluent
at a daily average flow not to exceed 0.20 MGD via surface irrigation of 100 acres of public access (golf
course) land in the Interim I phase, 0.24 MGD via surface irrigation of 100 acres of public access (golf
course) land in the Interim II phase, and 0.43 MGD (golf course in the final phase), 0.03 MGD (frontage in
the final phase) via surface irrigation of 152.8 acres of public access (137.52 acres golf course and 15.28 acres
frontage) land in the Final phase. Application rates to the irrigated land shall not exceed 2.24 acre-feet per
year per acre irrigated in the Interim I phase, 2.69 acre-feet per year per acre irrigated in the Interim II phase,
3.5 acre-feet per year per acre irrigated in the Final phase on the golf course, 2.2 acre-feet per year per acre
irrigated in the final phase on the frontage. The irrigated crops include bermuda grass, winter rye grass and
native grass. Location: The wastewater treatment facility and disposal site are located approximately 5.8
miles west of Interstate Highway 35 and 1.05 miles north of State Highway 29, in Williamson County, Texas.
(See Attachment A.) Drainage Area: The wastewater treatment facility and disposal site are located in the
drainage basin of Middle Fork San Gabriel River, a tributary of the San GabriellNorth Fork San Gabriel River
in Segment No. 1248 of the Brazos River Basin. No discharge of pollutants into water in the State is
authorized by this permit.
This permit and the authorization contained herein shall expire at midnight on December 1, 2017.
ISSUED DATE: MAR 16 2010
Exhibit H
Attachment number 11 \nPage 35 of 72
Item # L
City of Georgetown Pennit No. WQ0014232001
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Page 2
Conditions of the Permit: No discharge of pollutants into water in the State is authorized.
A. Effluent Limitations
Character:
Volume:
Treated Domestic Sewage Effluent
Daily Average Flow -0.20 MGD in the Interim I Phase
Daily Average Flow -0.24 MGD in the Interim II Phase
Daily Average Flow -0.43 MGD (golf course in the Final Phase)
Daily Average Flow -0.03 MGD (frontage in the Final Phase)
Quality: The following effluent limitations shall be required:
Effluent Concentrations
(Not to Exceed)
Daily 7-Day Daily Single
Parameter Average Average Maximum Grab
mg/l mg/l mg/ mg/l
Biochemical Oxygen 5 7.5 13 18
Demand (5-day)
Total Suspended Solids 10 15 25 35
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
, The effluent shall be chlorinated in a chlorine contact chamber to a residual of 1.0 mg/1 with a
minimum detention time of 20 minutes. If the effluent is to be transferred to a holding pond or
tank, re-chlorination prior to the effluent being delivered into the irrigation system will be
required. A trace chlorine residual shall be maintained in the effluent at the point of irrigation
application.
B. Monitoring Requirements:
Parameter
Flow
Biochemical Oxygen
Demand (5-day)
Total Suspended Solids
pH
Chlorine Residual
Monitoring Frequency
Five/week
One/week
One/week
One/month
Five/week
Sample Type
Instantaneous
Grab
Grab
Grab
Grab
The monitoring shall be done after the final treatment unit and prior to storage of the treated
effluent. If the effluent is land applied directly from the treatment system, monitoring shall be
done after the final treatment unit and prior to land application. These records shall be
maintained on a monthly basis and be available at the plant site for inspection by authorized
representatives of the Commission for at least three years.
Exhibit H
Attachment number 11 \nPage 36 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
STANDARD PERMIT CONDITIONS
This permit is granted in accordance with the Texas Water Code and the rules and other Orders of the Commission and the laws
of the State of Texas.
DEFINITIONS
All definitions in Section 26.001 of the Texas Water Code and 30 TAC Chapter 305 shall apply to this permit and are
incorporated by reference. Some specific definitions of words or phrases used in this permit are as follows:
1. Flow Measurements
a. Daily average flow -the arithmetic average of all determinations of the daily flow within a period of one calendar
month. The daily average flow determination shall consist of determinations made on at least four separate days. If
instantaneous measurements are used to determine the daily flow, the determination shall be the arithmetic average of
all instantaneous measurements taken during that month. Daily average flow determination for intelmittent discharges
shall consist of a minimum of three flow determinations on days of discharge.
b. Annual average flow -the arithmetic average of all daily flow determinations taken within the preceding 12
consecutive calendar months. The annual average . flow determination shall consist of daily flow volume
determinations made by a totalizing meter, charted on a chart recorder and limited to major domestic wastewater
discharge facilities with a 1 million gallons per day or greater permitted flow.
c. Instantaneous flow -the measured flow during the minimum time required to interpret the flow measuring device.
2. Concentration Measurements
a. Daily average concentration -the arithmetic average of all effluent samples, composite or grab as required by this
permit, within a period of one calendar month, consisting of at least four separate representative measurements.
1. For domestic wastewater treatment plants -When four samples are not available in a calendar month, the
arithmetic average (weighted by flow) of all values in the previous four consecutive month period consisting of at
least four measurements shall be utilized as the daily average concentration.
11. F or all other wastewater treatment plants -When four samples are not available in a calender month, the arithmetic
average (weighted by flow) of all values taken during the month shall be utilized as the daily average
concentration. .
b. 7-day average concentration -the arithmetic average of all effluent samples, composite or grab as required by this
permit, within a period of one calendar week, Sunday through Saturday.
c. Daily maximum concentration -the maximum concentration measured on a single day, by the sample type specified in
the permit, within a period of one calender month.
3. Sample Type
a. Composite sample -For domestic wastewater, a composite sample is a sample made up of a minimum of three effluent
portions collected in a continuous 24-hour period or during the period of daily discharge if less than 24 hours, and
combined in volumes proportional to flow, and collected at the intervals required by 30 TAC § 319.9 (a). For industrial
wastewater, a composite sample is a sample made up of a minimum of three effluent portions collected in a continuous
24-hour period or during the period of daily discharge if less than 24 hours, and combined in volumes proportional to
flow, and collected at the intervals required by 30 TAC § 319.9 (b).
b. Grab sample -an individual sample collected in less than 15 minutes.
4. Treatment Facility (facility) -wastewater facilities used in the conveyance, storage, treatment, recycling, reclamation
and/or disposal of domestic sewage, industrial wastes, agricultural wastes, recreational wastes, or other wastes including
sludge handling or disposal facilities under the jurisdiction of the Commission.
Page 3
Exhibit H
Attachment number 11 \nPage 37 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
5. The term "sewage sludge" is defined as solid, semi-solid, or liquid residue generated during the treatment of domestic
sewage in 30 TAC Chapter 312. This includes the solids which have not been classified as hazardous waste separated
from wastewater by unit processes.
6. Bypass -the intentional diversion of a waste stream from any portion of a treatment facility.
MONITORING REQUIREMENTS
1. Monitoring Requirements
Monitoring results shall be collected ;:tt the intervals specified in the permit. Unless otherwise specified in this permit or
otherwise ordered by the Commission, the permittee shall conduct effluent sampling in accordance with 30 TAC §§ 319.4 -
319.12.
As provided by state law, the permittee is subject to administrative, civil and criminal penalties, as applicable, for
negligently or knowingly violating the Texas Water Code, Chapters 26, 27, and 28, and Texas Health and Safety Code,
Chapter 361, including but not limited to knowingly making any false statement, representation, or certification on any
report, record or other document submitted or required to be maintained under this permit, including monitoring reports,
records or reports of compliance or noncompliance, or falsifying, tampering with or knowingly rendering inaccurate any
monitoring device or method required by this permit or violating any other requirement imposed by state or federal
regulations.
2. Test Procedures
a. Unless otherwise specified in this permit, test procedures for the analysis of pollutants shall comply with procedures
specified in 30 TAC §§ 319.11 -319.12. Measurements, tests and calculations shall be accurately accomplished in a
representative manner.
b. All laboratory tests submitted to demonstrate compliance with this permit must meet the requirements of 30 TAC
Chapter 25, Environmental Testing Laboratory Accreditation and Certification.
3. Records of Results
a. Monitoring samples and measurements shall be taken at times and in a manner so as to be representative of the
monitored activity.
b. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and
disposal activities, which shall be retained for a period of at least five years, monitoring and reporting records,
including strip charts and records of calibration and maintenance, copies of all records required by this permit, and
records of all data used to complete the application for this permit shall be retained at the facility site, or shall be
readily available for review by a TCEQ representative for a period of three years from the date of the record or sample,
measurement, report, or application. This period shall be extended at the request of the Executive Director.
c. Records of monitoring activities shall include the following:
i. date, time and place of sample or measurement;
ii. identity of individual who collected the sample or made the measurement.
iii. date and time of analysis;
iv. identity of the individual and laboratory who performed the analysis;
v. the technique or method of analysis; and
vi. the results of the analysis or measurement and quality assurance/quality control records.
The period during which records are required to be kept shall be automatically extended to the date of the final disposition
of any administrative or judicial enforcement action that may be instituted against the permittee.
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit
using approved analytical methods as specified above, all results of such monitoring shall be included in determining
compliance with permit requirements.
Page 4
Exhibit H
Attachment number 11 \nPage 38 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
5. Calibration of Instruments
All automatic flow measuring or recording devices and all totalizing meters for measuring flows shall be accurately
calibrated by a trained person at plant start-up and as often thereafter as necessary to ensure accuracy, but not less often
than annually unless authorized by the Executive Director for a longer period. Such person shall verify in writing that the
device is operating properly and giving accurate results. Copies of the verification shall be retained at the facility site
and/or shall be readily available for review by a TCEQ representative for a period of three years.
6. Compliance Schedule Reports
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any
compliance schedule of the permit shall be submitted no later than 14 days following each schedule date to the Regional
Office and the Enforcement Division (MC 224).
7. Noncompliance Notification
a. In accordance with 30 TAC § 305.125(9), any noncompliance which may endanger human health or safety, or the
environment shall be reported by the permittee to the TCEQ. Report of such information shall be provided orally or by
facsimile transmission (FAX) to the Regional Office within 24 hours of becoming aware of the noncompliance. A
written submission of such information shall also be provided by the permittee to the Regional Office and the
Enforcement Division (MC 224) within five working days of becoming aware of the noncompliance. The written
submission shall contain a description of the noncompliance and its cause; the potential danger to human health or
safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not
been corrected, the time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance, and to mitigate its adverse effects.
b. The following violations shall be reported tmder Monitoring and Reporting Requirement 7.a.:
1. Unauthorized discharges as defined in Permit Condition 2(g).
ii. Any unanticipated bypass which exceeds any effluent limitation in the permit.
c. In addition to the above, any effluent violation which deviates from the permitted effluent limitation by more than 40%
shall be reported by the permittee in writing to the Regional Office and the Enforcement Division (MC 224) within 5
working days of becoming aware of the noncompliance.
d. Any noncompliance other than that specified in this section, or any required information not submitted or submitted
incorrectly, shall be reported to the Enforcement Division (MC 224) as promptly as possible.
8. In accordance with the procedures described in 30 TAC §§ 35.301 -35.303 (relating to Water Quality Emergency and
Temporary Orders) if the permittee knows in advance of the need for a bypass, it shall submit prior notice by applying for
such authorization.
9. Changes in Discharges of Toxic Substances
All existing manufacturing, commercial, mining, and silvicultural permittees shall notify the Regional Office, orally or by
facsimile transmission within 24 hours, and both the Regional Office and the Enforcement Division (MC 224) in writing
within five (5) working days, after becoming aware of or having reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any
toxic pollutant listed at 40 CFR Part 122, Appendix D, Tables II and III (excluding Total Phenols) which is not limited
in the permit, if that discharge will exceed the highest of the following "notification levels":
Page 5
1. One hundred micrograms per liter (100 flg/L);
ii. Two hundred micrograms per liter (200 /lg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 /lg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
iii. Five (5) times the maximum concentration value reported for that pollutant in the permit application; or
iv. The level established by the TCEQ.
Exhibit H
Attachment number 11 \nPage 39 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
b. That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of
a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels":
i. Five hundred micrograms per liter (500 p,g/L);
ii. One milligram per liter (1 mg/L) for antimony;
iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit application; or
iv. The level established by the TCEQ.
10. Signatories to Reports
All reports and other information requested by the Executive Director shall be signed by the person and in the manner
required by 30 TAC § 305.128 (relating to Signatories to Reports).
PERMIT CONDITIONS
1. General
a. When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in an application or in any report to the Executive Director, it shall promptly submit such facts or
information.
b. This permit is granted on the basis of the information supplied and representations made by the permittee during action
on an application, and relying upon the accuracy and completeness of that information and those representations. After
notice and opportunity for a hearing, this permit may be modified, suspended, or revoked, in whole or in part, in
accordance with 30 TAC Chapter 305, Subchapter D, during its term for good cause including, but not limited to, the
following:
1. Violation of any terms or conditions of this permit;
ii. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or
iii. A change in any condition that requires either a temporary or permanent reduction or elimination of the
authorized discharge.
c. The permittee shall furnish to the Executive Director, upon request and within a reasonable time, any information to
determine whether cause exists for amending, revoking, suspending or terminating the permit. The permittee shall also
furnish to the Executive Director, upon request, copies of records required to be kept by the permit.
2. Compliance
a. Acceptance of the permit by the person to whom it is issued constitutes acknowledgment and agreement that such
person will comply with all the terms and conditions embodied in the permit, and the rules and other orders of the
Commission.
b. The permittee has a duty to comply with all conditions of the permit. Failure to comply with any permit condition
constitutes a violation of the permit and the Texas Water Code or the Texas Health and Safety Code, and is grounds for
enforcement action, for permit amendment, revocation or suspension, or for denial of a permit renewal application or
an application for a permit for another facility.
c. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the cDnditions of the permit.
d. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal or other
permit violation which has a reasonable likelihood of adversely affecting human health or the environment.
e. Authorization from the Commission is required before beginning any change in the permitted facility or activity that
may result in noncompliance with any permit requirements.
f. A permit may be amended, suspended and reissued, or revoked for cause in accordance with 30 TAC §§ 305.62 and
305.66 and Texas Water Code Section 7.302. The filing of a request by the permittee for a permit amendment,
Page 6
Exhibit H
Attachment number 11 \nPage 40 of 72
Item # L
City of Georgetown Permit No. WQOOl4232001
suspension and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
g. There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of this permit, an
unauthorized discharge is considered to be any discharge of wastewater into or adjacent to water in the state at any
location not permitted as an outfall or otherwise defined in the Special Provisions section of this permit.
h. The permittee is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code §§ 7.051
-7.075 (relating to Administrative Penalties), 7.101 -7.111 (relating to Civil Penalties), and 7.141 -7.202 (relating to
Criminal Offenses and Penalties).
3. Inspections and Entry
a. Inspection and entry shall be allowed as prescribed in the Texas Water Code Chapters 26, 27, and 28, and Texas Health
and Safety Code Chapter 361.
b. The members of the Commission and employees and agents of the Commission are entitled to enter any public or
private property at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality
of water in the state or the compliance with any rule, regulation, permit or other order of the Commission. Members,
employees, or agents of the Commission and Commission contractors are entitled to enter public or private property at
any reasonable time to investigate or monitor or, if the responsible party is not responsive or there is an immediate
danger to public health or the environment, to remove or remediate a condition related to the quality of water in the
state. Members, employees, Commission contractors, or agents acting under this authority who enter private property
shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection, and if
the property has management in residence, shall notify management or the person then in charge of his presence and
shall exhibit proper credentials. If any member, employee, Commission contractor, or agent is refused the right to enter
in or on public or private property under this authority, the Executive Director may invoke the remedies authorized in
Texas Water Code Section 7.002. The statement above, that Commission entry shall occur in accordance with an
establishment's rules and regulations concerning safety, internal security, and fire protection, is not grounds for denial
or restriction of entry to any part of the facility, but merely describes the Commission's duty to observe appropriate
rules and regulations during an inspection.
4. Permit Amendment and/or Renewal
a. The permittee shall give notice to the Executive Director as soon as possible of any planned physical alterations or
additions to the permitted facility if such alterations or additions would require a permit amendment or result in a
violation of permit requirements. Notice shall also be required under this paragraph when:
i. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.
This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to
notification requirements in Monitoring and Reporting Requirements No.9;
ii. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and
such alteration, addition, or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
b. Prior to any facility modifications, additions, or expansions that will increase the plant capacity beyond the permitted
flow, the permittee must apply for and obtain proper authorization from the Commission before commencing
construction.
c. The permittee must apply for an amendment or renewal at least 180 days prior to expiration of the existing permit in
order to continue a permitted activity after the expiration date of the permit. If an application is submitted prior to the
expiration date of the permit, the existing permit shall remain in effect until the application is approved, denied, or
returned. If the application is returned or denied, authorization to continue such activity shall terminate upon the
effective date of the action. If an application is not submitted prior to the expiration date of the permit, the permit shall
expire and authorization to continue such activity shall terminate.
d. Prior to accepting or generating wastes which are not described in the permit application or which would result in a
significant change in the quantity or quality of the existing discharge, the permittee must report the proposed changes to
the Commission. The permittee must apply for a permit amendment reflecting any necessary changes in permit
conditions, including effluent limitations for pollutants not identified and limited by this permit.
Page 7
Exhibit H
Attachment number 11 \nPage 41 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
e. In accordance with the Texas Water Code § 26.029(b), after a public hearing, notice of which shall be given to the
permittee, the Commission may require the permittee, from time to time, for good cause, in accordance with applicable
laws, to conform to new or additional conditions.
5. Permit Transfer
a. Prior to any transfer of this pelmit, Commission approval must be obtained. The Commission shall be notified in
writing of any change in control or ownership of facilities authorized by this permit. Such notification should be sent
to the Applications Review and Processing Team (MC 148) of the Water Quality Division.
b. A permit may be transferred only according to the provisions of 30 TAC § 305.64 (relating to Transfer of Permits) and
30 TAC § 50.133 (relating to Executive Director Action on Application or WQMP update).
6. Relationship to Hazardous Waste Activities
This permit does not authorize any activity of hazardous waste storage, processing, or disposal which requires a permit or
other authorization pursuant to the Texas Health and Safety Code.
7. Property Rights
A permit does not convey any property rights of any sort, or any exclusive privilege.
8. Permit Enforceability
The conditions of this permit are severable, and if any provision of this permit, or the application of any provision of this
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
9. Relationship to Permit Application
The application pursuant to which the permit has been issued is incorporated herein; provided, however, that in the event
of a conflict between the provisions of this permit and the application, the provisions of the permit shall control.
10. Notice of Bankruptcy.
a. Each permittee shall notify the Executive Director, in writing, immediately following the filing of a voluntary or
involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code (11 USC) by
or against:
i. the permittee;
ii. an entity (as that term is defined in 11 USC, § 101 (14)) controlling the permittee or listing the permit or permittee
as property of the estate; or
iii. an affiliate (as that term is defined in 11 USC, § 101(2)) of the permittee.
b. This notification must indicate:
i. the name of the permittee;
ii. the permit number(s);
iii. the bankruptcy court in which the petition for bankruptcy was filed; and
IV. the date of filing of the petition.
OPERATIONAL REQUIREMENTS
1. The permittee shall at all times ensure that the facility and all of its systems of collection, treatment, and disposal are
properly operated and maintained. This includes, but is not limited to, the regular, periodic examination of wastewater
solids within the treatment plant by the operator in order to maintain an appropriate quantity and quality of solids
inventory as described in the various operator training manuals and according to accepted industry standards for process
control. Process control, maintenance, and operations records shall be retained at the facility site, or shall be readily
available for review by a TCEQ representative, for a period of three years.
Page 8
Exhibit H
Attachment number 11 \nPage 42 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
2. Upon request by the Executive Director, the permittee shall take appropriate samples and provide proper analysis in order
to demonstrate compliance with Commission rules. Unless otherwise specified in this permit or otherwise ordered by the
Commission, the permittee shall comply with all applicable provisions of 30 TAC Chapter 312 concerning sewage sludge
use and disposal and 30 TAC §§ 319.21 -319.29 concerning the discharge of certain hazardous metals.
3. Domestic wastewater treatment facilities shall comply with the following provisions:
a. The permittee shall notify the Municipal Permits Team, Wastewater Permitting Section (MC 148) of the Water Quality
Division, in writing, of any facility expansion at least 90 days prior to conducting such activity.
b. The permittee shall submit a closure plan for review and approval to the Municipal Permits Team, Wastewater
Permitting Section (MC 148) of the Water Quality Division, for any closure activity at least 90 days prior to conducting
such activity. Closure is the act of permanently taking a waste management unit or treatment facility out of service and
includes the permanent removal from service of any pit, tank, pond, lagoon, surface impoundment and/or other
treatment unit regulated by this permit.
4. The permittee is responsible for installing prior to plant start-up, and subsequently maintaining, adequate safeguards to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate
power sources, standby generators, and/or retention of inadequately treated wastewater.
5. Unless otherwise specified, the permittee shall provide a readily accessible sampling point and, where applicable, an
effluent flow measuring device or other acceptable means by which effluent flow may be determined.
6. The permittee shall remit an annual water quality fee to the Commission as required by 30 TAC Chapter 21. Failure to pay
the fee may result in revocation of this permit under Texas Water Code § 7 .302(b)( 6).
7. Documentation
For all written notifications to the Commission required of the permittee by this permit, the permittee shall keep and make
available a copy of each such notification under the same conditions as self-monitoring data are required to be kept and
made available. Except for information specified as not confidential in 30 TAC § 1.5( d), any information submitted
pursuant to this permit may be claimed as confidential by the submitter. Any such claim must be asserted in the manner
prescribed in the application form or by stamping the words "confidential business information" on each page containing
such information. If no claim is made at the time of submission, information may be made available to the public without
further notice. If the Commission or Executive Director agrees with the designation of confidentiality, the TCEQ will not
provide the information for public inspection unless required by the Texas Attorney General or a court pursuant to an open
records request. If the Executive Director does not agree with the designation of confidentiality, the person submitting the
information will be notified.
8. Facilities which generate domestic wastewater shall comply with the following provisions; domestic wastewater treatment
facilities at permitted industrial sites are excluded.
a. Whenever flow measurements for any domestic sewage treatment facility reach 75 percent of the permitted daily
average or annual average flow for three consecutive months, the permittee must initiate engineering and financial
planning for expansion and/or upgrading of the domestic wastewater treatment and/or collection facilities. Whenever
the flow reaches 90 percent of the permitted daily average or annual average flow for three consecutive months, the
permittee shall obtain necessary authorization from the Commission to commence construction of the necessary
additional treatment and/or collection facilities. In the case of a domestic wastewater treatment facility which reaches
75 percent of the permitted daily average or annual average flow for three consecutive months, and the planned
population to be served or the quantity of waste produced is not expected to exceed the design limitations of the
treatment facility, the permittee shall submit an engineering report supporting this claim to the Executive Director of
the Commission.
If in the judgement of the Executive Director the population to be served will not cause permit noncompliance, then the
requirement of this section may be waived. To be effective, any waiver must be in writing and signed by the Director
of the Enforcement Division (MC 149) of the Commission, and such waiver of these requirements will be reviewed
upon expiration of the existing permit; however, any such waiver shall not be interpreted as condoning or excusing any
violation of any permit parameter.
b. The plans and specifications for domestic sewage collection and treatment works associated with any domestic permit
Page 9
Exhibit H
Attachment number 11 \nPage 43 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
must be approved by the Commission, and failure to secure approval before commencing construction of such works or
making a discharge is a violation of this permit and each day is an additional violation until approval has been secured.
c. Permits for domestic wastewater treatment plants are granted subject to the policy of the Commission to encourage the
development of area-wide waste collection, treatment and disposal systems. The Commission reserves the right to
amend any domestic wastewater permit in accordance with applicable procedural requirements to require the system
covered by this permit to be integrated into an area-wide system, should such be developed; to require the delivery of
the wastes authorized to be collected in, treated by or discharged from said system, to such area-wide system; or to
amend this permit in any other particular to effectuate the Commission's policy. Such amendments may be made when
the changes required are advisable for water quality control purposes and are feasible on the basis of waste treatment
technology, engineering, financial, and related considerations existing at the time the changes are required, exclusive of
the loss of investment in or revenues from any then existing or proposed waste collection, treatment or disposal system.
9. Domestic wastewater treatment plants shall be operated and maintained by sewage plant operators holding a valid
certificate of competency at the required level as defined in 30 TAC Chapter 30.
10. Facilities which generate industrial solid waste as defined in 30 TAC § 335.1 shall comply with these provisions:
a. Any solid waste, as defined in 30 TAC § 335.1 (including but not limited to such wastes as garbage, refuse, sludge
from a waste treatment, water supply treatment plant or air pollution control facility, discarded materials, discarded
materials to be recycled, whether the waste is solid, liquid, or semisolid), generated by the permittee during the
management and treatment of wastewater, must be managed in accordance with all applicable provisions of 30 TAC
Chapter 335, relating to Industrial Solid Waste Management.
b. Industrial wastewater that is being collected, accumulated, stored, or processed before discharge through any final
discharge outfall, specified by this permit, is considered to be industrial solid waste until the wastewater passes through
the actual point source discharge and must be managed in accordance with all applicable provisions of 30 TAC Chapter
335.
c. The permittee shall provide written notification, pursuant to the requirements of 30 TAC § 335.8(b)(1), to the
Environmental Cleanup Section (MC 127) of the Remediation Division informing the Commission of any closure
activity involving an Industrial Solid Waste Management Unit, at least 90 days prior to conducting such an activity.
d. Construction of any industrial solid waste management unit requires the prior written notification of the proposed
activity to the Registration and Reporting Section (MC 129) of the Permitting and Remediation Support Division. No
person shall dispose of industrial solid waste, including sludge or other solids from wastewater treatment processes,
prior to fulfilling the deed recordation requirements of 30 TAC § 335.5.
e. The term "industrial solid waste management unit" means a landfill, surface impoundment, waste-pile, industrial
furnace, incinerator, cement kiln, injection well, container, drum, salt dome waste containment cavern, or any other
structure vessel, appurtenance, or other improvement on land used to manage industrial solid waste.
f. The permittee shall keep management records for all sludge (or other waste) removed from any wastewater treatment
process. These records shall fulfill all applicable requirements of 30 TAC Chapter 335 and must include the following,
as it pertains to wastewater treatment and discharge:
1. Volume of waste and date(s) generated from treatment process;
11. Volume of waste disposed of on-site or shipped off-site;
iii. Date(s) of disposal;
iv. Identity of hauler or transporter;
v. Location of disposal site; and
vi. Method of final disposal.
The above records shall be maintained on a monthly basis. The records shall be retained at the facility site, or shall be
readily available for review by authorized representatives of the TCEQ for at least five years.
11. For industrial facilities to which the requirements of 30 TAC Chapter 335 do not apply, sludge and solid wastes, including
tank cleaning and contaminated solids for disposal, shall be disposed of in accordance with Chapter 361 of the Texas
Health and Safety Code.
TCEQ Revision 06/2008
Page 10
Exhibit H
Attachment number 11 \nPage 44 of 72
Item # L
City of Georgetown Permit No. WQOOI423200I
SLUDGE PROVISIONS
The permittee is authorized to dispose of sludge only at a Texas Commission on Environmental Quality (TCEQ) authorized
land application site or co-disposal landfill. The disposal of sludge by land application on property owned, leased or
under the direct control of the permittee is a violation of the permit unless the site is authorized by the TCEQ. This
provision does not authorize Distribution and Marketing of sludge. This provision does not authorize land application
of Class A Sludge. This provision does not authorize the permittee to land apply sludge on property owned, leased or
under the direct control of the permittee.
SECTION I. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE LAND APPLICATION
A. General Requirements
1. The permittee shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 312 and all other
applicable state and federal regulations in a manner which protects public health and the environment from any
reasonably anticipated adverse effects due to any toxic pollutants which may be present in the sludge.
2. In all cases, if the person (permit holder) who prepares the sewage sludge supplies the sewage sludge to another
person for land application use or to the owner or lease holder of the land, the permit holder shall provide necessary
information to the parties who receive the sludge to assure compliance with these regulations.
3. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting Section
(MC 148) of the Water Quality Division of any change planned in the sewage sludge disposal practice.
B. Testing Requirements
1. Sewage sludge shall be tested once during the term of this permit in accordance with the method specified in both 40
CFR Part 261, Appendix II and 40 CFR Part 268, Appendix I [Toxicity Characteristic Leaching Procedure (TCLP)l or
other method, which receives the prior approval of the TCEQ for the contaminants listed in Table 1 of 40 CFR Section
261.24. Sewage sludge failing this test shall be managed according to RCRA standards for generators of hazardous
waste, and the waste's disposition must be in accordance with all applicable requirements for hazardous' waste
processing, storage, or disposal. Following failure of any TCLP test, the management or disposal of sewage sludge at
a facility other than an authorized hazardous waste processing, storage, or disposal facility shall be prohibited until
such time as the permittee can demonstrate the sewage sludge no longer exhibits the hazardous waste toxicity
characteristics (as demonstrated by the results of the TCLP tests). A written report shall be provided to both the TCEQ
Registration and Reporting Section (MC 129) of the Permitting and Remediation Support Division and the Regional
Director (MC Region 11) within 7 days after failing the TCLP Test.
Page 11
The report shall contain test results, certification that unauthorized waste management has stopped and a summary of
alternative disposal plans that comply with RCRA standards for the management of hazardous waste. The report shall
be addressed to: Director, Permitting and Remediation Support Division (MC 129), Texas Commission on
Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087. In addition, the permittee shall prepare an annual
report on the results of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office
(Me Region 11) and the Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by
September 1 of each year.
Exhibit H
Attachment number 11 \nPage 45 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
2. Sewage sludge shall not be applied to the land if the concentration of the pollutants exceed the pollutant concentration
criteria in Table 1. The frequency of testing for pollutants in Table 1 is found in Section I.C.
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
PCBs
Selenium
Zinc
* Dry weight basis
TABLE 1
Ceiling Concentration
(Milligrams per kilogram)*
75
85
3000
4300
840
57
75
420
49
100
7500
3. Pathogen Control
Page 12
All sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall be treated
by one of the following methods to ensure that the sludge meets either the Class A or Class B pathogen requirements.
a. Six alternatives are available to demonstrate compliance with Class A sewage sludge. The first 4 options require
either the density of fecal coliform in the sewage sludge be less than 1000 Most Probable Number (MPN) per
gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the sewage sludge be less than
three MPN per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed.
Below are the additional requirements necessary to meet the definition of a Class A sludge.
Alternative 1 -The temperature of the sewage sludge that is used or disposed shall be maintained at or above a
specific value for a period oftime. See 30 TAC Section 312.82(a)(2)(A) for specific information.
Alternative 2 -The pH of the sewage sludge that is used or disposed shall be raised to above 12 std. units and
shall remain above 12 std. units for 72 hours.
The temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period
that the pH of the sewage sludge is above 12 std. units.
At the end of the 72-hour period during which the pH of the sewage sludge is above 12 std. units, the sewage
sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50 percent.
Alternative 3 -The sewage sludge shall be analyzed for enteric viruses prior to pathogen treatment. The limit for
enteric viruses is less than one Plaque-forming Unit per four grams of total solids (dry weight basis) either before
or following pathogen treatment. See 30 TAC Section 312.82(a)(2)(C)(i-iii) for specific information. The sewage
sludge shall be analyzed for viable helminth ova prior to pathogen treatment. The limit for viable helminth ova is
less than one per four grams of total solids (dry weight basis) either before or following pathogen treatment. See
30 TAC Section 312.82(a)(2)(C)(iv-vi) for specific information.
Alternative 4 -The density of enteric viruses in the sewage sludge shall be less than one Plaque-forming Unit per
four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed. The density of
viable helminth ova in the sewage sludge shall be less than one per four grams of total solids (dry weight basis) at
the time the sewage sludge is used or disposed.
Alternative 5 (PFRP) -Sewage sludge that is used or disposed of shall be treated in one of the processes to
Further Reduce Pathogens (PFRP) described in 40 CFR Part 503, Appendix B. PFRP include composting, heat
drying, heat treatment, and thermophilic aerobic digestion.
Alternative 6 (PFRP Equivalent) -Sewage sludge that is used or disposed of shall be treated in a process that has
been approved by the U. S. Environmental Protection Agency as being equivalent to those in Alternative 5.
Exhibit H
Attachment number 11 \nPage 46 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
Page 13
Alternative 1 -
i. A minimum of seven random samples of the sewage sludge shall be collected within 48 hours of the time the
sewage sludge is used or disposed of during each monitoring episode for the sewage sludge.
11. The geometric mean of the density of fecal coliform in the samples collected shall be less than either
2,000,000 MPN per gram of total solids (dry weight basis) or 2,000,000 Colony Forming Units per gram of
total solids (dry weight basis).
Alternative 2 -Sewage sludge that is used or disposed of shall be treated in one of the Processes to Significantly
Reduce Pathogens (PSRP) described in 40 CFR Part 503, Appendix B, so long as all of the following requirements are
met by the generator of the sewage sludge.
i. Prior to use or disposal, all the sewage sludge must have been generated from a single location, except as
provided in paragraph v. below;
11. An independent Texas Licensed Professional Engineer must make a certification to the generator of a sewage
sludge that the wastewater treatment facility generating the sewage sludge is designed to achieve one of the
PSRP at the permitted design loading of the facility. The certification need only be repeated if the design
loading of the facility is increased. The certification shall include a statement indicating the design meets all
the applicable standards specified in Appendix B of 40 CFR Part 503;
iii. Prior to any off-site transportation or on-site use or disposal of any sewage sludge generated at a wastewater
treatment facility, the chief certified operator of the wastewater treatment facility or other responsible official
who manages the processes to significantly reduce pathogens at the wastewater treatment facility for the
permittee, shall certify that the sewage, sludge underwent at least the minimum operational requirements
necessary in order to meet one of the PSRP. The acceptable processes and the minimum operational and
record keeping requirements shall be in accordance with established U. S. Environmental Protection Agency
final guidance;
iv. All certification records and operational records describing how the requirements of this paragraph were met
shall be kept by the generator for a minimum of three years and be available for inspection by commission
staff for review; and
v. If the sewage sludge is generated from a mixture of sources, resulting from a person who prepares sewage
sludge from mote than one wastewater treatment facility, the resulting derived product shall meet one of the
PSRP, and shall meet the certification, operation, and record keeping requirements of this paragraph.
Alternative 3 -Sewage sludge shall be treated in an equivalent process that has been approved by the U. S.
Environmental Protection Agency, so long as all of the following requirements are met by the generator of the sewage
sludge.
i. Prior to use or disposal, all the sewage sludge must have been generated from a single location, except as
provided in paragraph v. below;
ii. Prior to any off-site transportation or on-site use or disposal of any sewage sludge generated at a wastewater
treatment facility, the chief certified operator of the wastewater treatment facility or other responsible official
who manages the processes to significantly reduce pathogens at the wastewater treatment facility for the
permittee, shall certify that the sewage sludge underwent at least the minimum operational requirements
necessary in order to meet one of the PSRP. The acceptable processes and the minimum operational and
record keeping requirements shall be in accordance with established U. S. Environmental Protection Agency
final guidance;
111. All certification records and operational records describing how the requirements of this paragraph were met
shall be kept by the generator for a minimum of three years and be available for inspection by commission
staff for review;
iv. The Executive Director will accept from the U. S. Environmental Protection Agency a finding of equivalency
to the defined PSRP; and
Exhibit H
Attachment number 11 \nPage 47 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
v. If the sewage sludge is gener?lted from a mixture of sources resulting from a person who prepares sewage
sludge from more than one wastewater treatment facility, the resulting derived product shall meet one of the
Processes to Significantly Reduce Pathogens, and shall meet the certification, operation, and record keeping
requirements of this paragraph.
In addition, the following site restrictions must be met if Class B sludge is land applied:
i. Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land
surface shall not be harvested for 14 months after application of sewage sludge.
11. Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after
application of sewage sludge when the sewage sludge remains on the land surface for 4 months or longer
prior to incorporation into the soil.
111. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after
application of sewage sludge when the sewage sludge remains on the land surface for less than 4 months
prior to incorporation into the soil.
IV. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after application of sewage sludge.
v. Animals shall not be allowed to graze on the land for 30 days after application of sewage sludge.
vi. Turf grown on land where sewage sludge is applied shall not be harvested for 1 year after application of the
sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a
lawn.
Vll. Public access to land with a high potential for public exposure shall be restricted for 1 year after application
of sewage sludge.
viii. Public access to land with a low potential for public exposure shall be restricted for 30 days after application
of sewage sludge.
ix. Land application of sludge shall be in accordance with the buffer zone requirements found in 30 TAC Section
312.44.
4. Vector Attraction Reduction Requirements
Page 14
All bulk sewage sludge that is applied to agriculhrral land, forest, a public contact site, or a reclamation site shall be
treated by one of the following alternatives 1 through 10 for Vector Attraction Reduction.
Alternative 1 -The mass of volatile solids in the sewage sludge shall be reduced by a minimum of38 percent.
Alternative 2 -If Alternative 1 cannot be met for an anaerobically digested sludge, demonstration can be made by
digesting a portion of the previously digested sludge anaerobically in the laboratory in a bench-scale unit for 40
additional days at a temperature between 30 and 37 degrees Celsius. Volatile solids must be reduced by less than 17
percent to demonstrate compliance.
Alternative 3 -If Alternative 1 cannot be met for an aerobically digested sludge, demonstration can be made by
digesting a portion of the previously digested sludge with a percent solids of two percent or less aerobically in the
laboratory in a bench-scale unit for 30 additional days at 20 degrees Celsius. Volatile solids must be reduced by less
than 15 percent to demonstrate compliance.
Alternative 4 -The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal
to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20
degrees Celsius.
Alternative 5 -Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the
temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage
sludge shall be higher than 45 degrees Celsius.
Exhibit H
Attachment number 11 \nPage 48 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
Alternative 6 -The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of
more alkali shall remain at 12 or higher for two hours and then remain at a pH of 11.5 or higher for an additional 22
hours at the time the sewage sludge is prepared for sale or given away in a bag or other container.
Alternative 7 -The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary
wastewater treatment process shall be equal to or greater than 75 percent based on the moisture content and total
solids prior to mixing with other materials. Unstabilized solids are defined as organic materials in sewage sludge that
have not been treated in either an aerobic or anaerobic treatment process.
Alternative 8 -The percent solids of sewage sludge that contains unstabilized solids generated in a primary
wastewater treatment process shall be equal to or greater than 90 percent based on the moisture content and total
solids prior to mixing with other materials at the time the sludge is used. Unstabilized solids are defmed as organic
materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process.
Alternative 9 -
i. Sewage sludge shall be injected below the surface of the land.
ii. No significant amount of the sewage sludge shall be present on the land surface within one hour after the
sewage sludge is injected.
iii. When sewage sludge that is injected below the surface of the land is Class A with respect to pathogens, the
sewage sludge shall be injected below the land surface within eight hours after being discharged from the
pathogen treatment process.
Alternative 10-
i. Sewage sludge applied to the land surface or placed on a surface disposal site shall be incorporated into the
soil within six hours after application to or placement on the land.
ii. When sewage sludge that is incorporated into the soil is Class A with respect to pathogens, the sewage sludge
shall be applied to or placed on the land within eight hours after being discharged from the pathogen
treatment process.
C. Monitoring Requirements
Page 15
Toxicity Characteristic Leaching Procedure (TCLP) Test -once during the term of this permit
PCBs -once during the term of this permit
All metal constituents and fecal coliform or Salmonella sp. bacteria shall be monitored at the appropriate frequency
shown below, pursuant to 30 TAC § 312.46(a)(1):
Amount of sewage sludge (*)
metric tons per 365-day period
o to less than 290
290 to less than 1,500
1,500 to less than 15,000
15,000 or greater
Monitoring Frequency
Once/Year
Once/Quarter
Once/Two Months
Once/Month
(*) The amount of bulk sewage sludge applied to the land (dry weight
basis).
Representative samples of sewage sludge shall be collected and analyzed in accordance with the methods referenced
in 30 TAC § 312.7
Exhibit H
Attachment number 11 \nPage 49 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
SECTION II. REQUIREMENTS SPECIFIC TO BULK SEWAGE SLUDGE FOR APPLICATION TO THE LAND
MEETING CLASS A or B PATHOGEN REDUCTION AND THE CUMULATIVE LOADING RATES
IN TABLE 2, OR CLASS B PATHOGEN REDUCTION AND THE POLLUTANT
CONCENTRATIONS IN TABLE 3
For those permittees meeting Class A or B pathogen reduction requirements and that meet the cumulative loading rates in
Table 2 below, or the Class B pathogen reduction requirements and contain concentrations of pollutants below listed in
Table 3, the following conditions apply:
A. Pollutant Limits
B. Pathogen Control
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Table 2
Table 3
Cumulative Pollutant Loading Rate
(pounds per acre)*
36
35
2677
1339
268
15
Report Only
375
89
2500
Monthly Average Concentration
(milligrams per kilogram) *
41
39
1200
1500
300
17
Report Only
420
36
2800
*Dry weight basis
All bulk sewage sludge that is applied to agricultural land, forest, a public contact site, a reclamation site, shall be treated
by either Class A or Class B pathogen reduction requirements as defined above in Section LB.3.
C. Management Practices
1. Bulk sewage sludge shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is
flooded, frozen, or snow-covered so that the bulk sewage sludge enters a wetland or other waters in the State.
2. Bulk sewage sludge not meeting Class A requirements shall be land applied in a manner which complies with the
Management Requirements in accordance with 30 TAC Section 312.44.
3. Bulk sewage sludge shall be applied at or below the agronomic rate of the cover crop.
Page 16
Exhibit H
Attachment number 11 \nPage 50 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
4. An information sheet shall be provided to the person who receives bulk sewage sludge sold or given away. The
information sheet shall contain the following information:
a. The name and address of the person who prepared the sewage sludge that is sold or given away in a bag or other
container for application to the land.
b. A statement that application of the sewage sludge to the land is prohibited except in accordance with the
instruction on the label or information sheet.
c. The annual whole sludge application rate for the sewage sludge application rate for the sewage sludge that does
not cause any of the cumulative pollutant loading rates in Table 2 above to be exceeded, unless the pollutant
concentrations in Table 3 fOlmd in Section II above are met.
D. Notification Requirements
1. If bulk sewage sludge is applied to land in a State other than Texas, written notice shall be provided prior to the initial
land application to the permitting authority for the State in which the bulk sewage sludge is proposed to be applied.
The notice shall include:
a. The location, by street address, and specific latitude and longitude, of each land application site.
b. The approximate time period bulk sewage sludge will be applied to the site.
c. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if
appropriate) for the person who will apply the bulk sewage sludge.
2. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting Section
(Me 148) of the Water Quality Division of any change planned in the sewage sludge disposal practice.
E. Record keeping Requirements
The sludge documents will be retained at the facility site and/or shall be readily available for review by a TCEQ
representative. The person who prepares bulk sewage sludge or a sewage sludge material shall develop the following
information and shall retain the information at the facility site and/or shall be readily available for review by a TCEQ
representative for a period of five years. If the permittee supplies the sludge to another person who land applies the
sludge, the permittee shall notify the land applier of the requirements for record keeping found in 30 TAC Section 312.47
for persons who land apply.
1. The concentration (mg/kg) in the sludge of each pollutant listed in Table 3 above and the applicable pollutant
concentration criteria (mg/kg), or the applicable cumulative pollutant loading rate and the applicable cumulative
pollutant loading rate limit (lbs/ac) listed in Table 2 above.
2. A description of how the pathogen reduction requirements are met (including site restrictions for Class B sludges, if
applicable).
3. A description of how the vector attraction reduction requirements are met.
4. A description of how the management practices listed above in Section ILC are being met.
5. The following certification statement:
Page 17
"I certify, under penalty of law, that the applicable pathogen requirements in 30 TAC Section 312.82(a) or (b) and the
vector attraction reduction requirements in 30 TAC Section 312.83(b) have been met for each site on which bulk
sewage sludge is applied. This determination has been made under my direction and supervision in accordance with
the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine
that the management practices have been met. I am aware that there are significant penalties for false certification
including fine and imprisonment."
Exhibit H
Attachment number 11 \nPage 51 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
6. The recommended agronomic loading rate from the references listed in Section II.C.3. above, as well as the actual
agronomic loading rate shall be retained.
The person who applies bulk sewage sludge or a sewage sludge material shall develop the following information and
shall retain the information at the facility site and/or shall be readily available for review by a TCEQ representative
indefinitely. If the permittee supplies the sludge to another person who land applies the sludge, the permittee shall
notify the land applier of the requirements for record keeping found in 30 TAC Section 312.47 for persons who land
apply.
1. A certification statement that all applicable requirements (specifically listed) have been met, and that the
permittee understands that there are significant penalties for false certification including fine and imprisonment.
See 30 TAC Section 312.47(a)(4)(A)(ii) or 30 TAC Section 312.47(a)(S)(A)(ii), as applicable, and to the
permittee's specific sludge treatment activities.
2. The location, by street address, and specific latitude and longitude, of each site on which sludge is applied.
3. The number of acres in each site on which bulk sludge is applied.
4. The date and time sludge is applied to each site.
5. The cumulative amount of each pollutant in pounds/acre listed in Table 2 applied to each site.
6. The total amount of sludge applied to each site in dry tons.
The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas
Commission on Environmental Quality upon request.
F. Reporting Requirements
The permittee shall report annually to the TCEQ Regional Office (MC Region 11) and Water Quality Compliance
Monitoring Team (MC 224) of the Enforcement Division, by September 1 of each year the following information:
1. Results of tests performed for pollutants found in either Table 2 or 3 as appropriate for the permittee's land application
practices.
2. The frequency of monitoring listed in Section I.C. which applies to the permittee.
3. Toxicity Characteristic Leaching Procedure (TCLP) results.
4. Identity ofhauler(s) and TCEQ transporter number.
S. PCB concentration in sludge in mg/kg.
6. Date(s) of disposal.
7. Owner of disposal site( s).
8. Texas Commission on Environmental Quality registration number, if applicable.
9. Amount of sludge disposal dry weight (lbs/acre) at each disposal site.
10. The concentration (mg/kg) in the sludge of each pollutant listed in Table 1 (defined as a monthly average) as well as
the applicable pollutant concentration criteria (mg/kg) listed in Table 3 above, or the applicable pollutant loading rate
limit (lbs/acre) listed in Table 2 above if it exceeds 90% of the limit.
11. Level of pathogen reduction achieved (Class A or Class B).
12. Alternative used as listed in Section I.B.3.(a. or b.). Alternatives describe how the pathogen reduction requirements
are met. If Class B sludge, include information on how site restrictions were met.
13. Vector attraction reduction alternative used as listed in Section I.B.4.
14. Annual sludge production in dry tons/year.
15. Amount of sludge land applied in dry tons/year.
Page 18
Exhibit H
Attachment number 11 \nPage 52 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
16. The certification statement li~ted in either 30 TAC Section 312.47(a)(4)(A)(ii) or 30 TAC Section 312.47(a)(5)(A)(ii)
as applicable to the permittee's sludge treatment activities, shall be attached to the annual reporting form.
17. When the amount of any pollutant applied to the land exceeds 90% of the cumulative pollutant loading rate for that
pollutant, as described in Table 2, the permittee shall report the following information as an attachment to the annual
reporting form.
Page 19
a. The location, by street address, and specific latitude and longitude.
b. The number of acres in each site on which bulk sewage sludge is applied.
c. The date and time bulk sewage sludge is applied to each site.
d. The cumulative amount of each pollutant (i.e., pounds/acre) listed in Table 2 in the bulk sewage sludge applied to
each site.
e. The amount of sewage sludge (i.e., dry tons) applied to each site.
The above records shall be maintained on a monthly basis and shall be made available to the Texas Commission on
Environmental Quality upon request.
Exhibit H
Attachment number 11 \nPage 53 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
SECTION III. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE DISPOSED IN A MUNICIPAL SOLJD
WASTE LANDFILL
A. The permittee shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 330 and all other applicable
state and federal regulations to protect public health and the environment from any reasonably anticipated adverse effects
due to any toxic pollutants that may be present. The permittee shall ensure that the sewage sludge meets the requirements
in 30 TAC Chapter 330 concerning the quality of the sludge disposed in a municipal solid waste landfill.
B. If the permittee generates sewage sludge and supplies that sewage sludge to the owner or operator of a Municipal Solid
Waste Landfill (MSWLF) for disposal, the permittee shall provide to the owner or operator of the MSWLF appropriate
information needed to be in compliance with the provisions of this permit.
C. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting Section (MC
148) of the Water Quality Division of any change planned in the sewage sludge disposal practice.
D. Sewage sludge shall be tested once during the term of this permit in accordance with the method specified in both 40 CFR
Part 261, Appendix II and 40 CFR Part 268, Appendix I (Toxicity Characteristic Leaching Procedure) or other method,
which receives the prior approval of the TCEQ for contaminants listed in Table 1 of 40 CFR Section 261.24. Sewage
sludge failing this test shall be managed according to RCRA standards for generators of hazardous waste, and the waste's
disposition must be in accordance with all applicable requirements for hazardous waste processing, storage, or disposal.
Following failure of any TCLP test, the management or disposal of sewage sludge at a facility other than an authorized
hazardous waste processing, storage, or disposal facility shall be prohibited until such time as the permittee can
demonstrate the sewage sludge no longer exhibits the hazardous waste toxicity characteristics (as demonstrated by the
results of the TCLP tests). A written report shall be provided to both the TCEQ Registration and Reporting Section (MC
129) of the Permitting and Remediation Support Division and the Regional Director (MC Region 11) of the appropriate
TCEQ field office within 7 days after failing the TCLP Test.
The report shall contain test results, certification that unauthorized waste management has stopped and a summary of
alternative disposal plans that comply with RCRA standards for the management of hazardous waste. The report shall be
addressed to: Director, Permitting and Remediation Support Division (MC 129), Texas Commission on Environmental
Quality, P. O. Box 13087, Austin, Texas 78711-3087. In addition, the permittee shall prepare an annual report on the results
of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office (MC Region 11) and the
Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by September 1 of each year.
E. Sewage sludge shall be tested as needed, in accordance with the requirements of 30 TAC Chapter 330.
F. Record keeping Requirements
The permittee shall develop the following information and shall retain the information for five years.
1. The description (including procedures followed and the results) of all liquid Paint Filter Tests performed.
2. The description (including procedures followed and results) of all TCLP tests performed.
The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on
Environmental Quality upon request.
Page 20
Exhibit H
Attachment number 11 \nPage 54 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
G. Reporting Requirements
The permittee shall report annually to the TCEQ Regional Office (MC Region 11) and Water Quality Compliance
Monitoring Team (M C 224) of the Enforcement Division by September 1 of each year the following information:
1. Toxicity Characteristic Leaching Procedure (TCLP) results.
2. Annual sludge production in dry tons/year.
3. Amount of sludge disposed in a municipal solid waste landfill in dry tons/year.
4. Amount of sludge transported interstate in dry tons/year.
5. A certification that the sewage sludge meets the requirements of 30 TAC Chapter 330 concerning the quality of the
sludge disposed in a municipal solid waste landfill.
6. Identity ofhauler(s) and transporter registration number.
7. Owner of disposal site(s).
8. Location of disposal site(s).
9. Date( s) of disposal.
The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on
Environmental Quality upon request.
Page 21
Exhibit H
Attachment number 11 \nPage 55 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
SPECIAL PROVISIONS:
1. This permit is granted subject to the policy of the Commission to encourage the development of areawide waste
collection, treatment and disposal systems. The Commission reserves the right to amend this permit in
accordance with applicable procedural requirements to require the system covered by this permit to be
integrated into an areawide system, should such be developed; to require the delivery of the wastes authorized
to be collected in, treated by or discharged from said system, to such areawide system; or to amend this permit
in any other particular to effectuate the Commission's policy. Such amendments may be made when the
changes required are advisable for water quality control purposes and are feasible on the basis of waste
treatment technology, engineering, financial, and related considerations existing at the time the changes are
required, exclusive of the loss of investment in or revenues from any then existing or proposed waste
collection, treatment or disposal system.
2. The permittee shall employ or contract with one or more licensed wastewater treatment facility operators or
wastewater system operations companies holding a valid license or registration according to the requirements
of 30 TAC Chapter 30, Occupational Licenses and Registrations and in particular 30 TAC Chapter 30,
Subchapter J, Wastewater Operators and Operations Companies.
This Category C facility must be operated by a chief operator or an operator holding a Category C license or
higher. The facility must be operated a minimum of five days per week by the licensed chief operator or an
operator holding the required level of license or higher. The licensed chief operator or operator holding the
required level of license or higher must be available by telephone or pager seven days per week. Where shift
operation of the wastewater treatment facility is necessary, each shift which does not have the on-site
supervision of the licensed chief operator must be supervised by an operator in charge who is licensed not less
than one level below the category for the facility.
3. The permittee shall maintain and operate the treatment facility in order to achieve optimum efficiency of
treatment capability. This shall include required monitoring of effluent flow and quality as well as appropriate
grounds and building maintenance.
4. Prior to operation/construction of the Interim II and Final phase wastewater treatment facilities, the permittee
shall submit to the TCEQ Wastewater Permitting Section (MC 148) of the Water Quality Division, a summary
submittal letter according to the requirements in 30 TAC Section 217.6(c). If requested by the Wastewater
Permitting Section, the permittee shall submit plans, specifications and a final engineering design report which
comply with the requirements of30 TAC Chapter 217, Design Criteria for Wastewater Treatment Systems. The
permittee shall clearly show how the treatment system will meet the permitted effluent limitations required on
Page 2 of the permit.
5. The permittee shall comply with the requirements of 30 TAC Section 309.13 (a) through (d). In addition, by
ownership of the required buffer zone area, the permittee shall comply with the requirements of 30 TAC
Section 309.13(e).
6. The permittee shall provide facilities for the protection of its wastewater treatment facilities from a 100-year
flood.
7. The permittee shall notify the TCEQ Regional Office (MC Region 11) and the Applications Review and
Processing Team (MC 148) of the Water Quality Division, in writing at least forty-five (45) days prior to the
completion of the new facilities.
8. In addition, the permittee is also authorized to haul sludge from the wastewater treatment facility, by a licensed
hauler, to the City of Georgetown's Dove Springs, San Gabriel, and Pecan Branch Wastewater Treatment
Facilities, Permit Nos. WQOOI0489003, WQOOI0489002, WQOOI0489005, respectively, to be digested,
Page 22
Exhibit H
Attachment number 11 \nPage 56 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
blended, dewatered and then disposed of with the sludge from the plant accepting the sludge.
The permittee shall keep records of all sludge removed from the wastewater treatment plant site and these
records shall include the following information:
a. The volume of sludge hauled;
b. The date(s) that sludge was hauled;
c. The identity of haulers; and
d. The permittee, TCEQ permit number, and location of the wastewater treatment plant to which the sludge is
hauled.
These records shall be maintained on a monthly basis and shall be reported to the TCEQ Regional Office (MC
Region 11) and the TCEQ Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division
by September 1 of each year.
9. The irrigated crops include bermuda grass, winter rye grass and native grass. Application rates to the irrigated
land shall not exceed 2.24 acre-feet per year per acre irrigated in the Interim I phase, 2.69 acre-feet per year per
acre irrigated in the interim II phase, 3.5 acre-feet per year per acre irrigated in the final phase on the golf
course, 2.2 acre-feet per year per acre irrigated in the final phase on the frontage. The permittee is responsible
for providing equipment to determine application rates and maintaining accurate records of the volume of
effluent applied. These records shall be made available for review by the Texas Commission on Environmental
Quality and shall be maintained for at least three years.
10. Irrigation practices shall be designed and managed so as to prevent ponding of effluent or contamination of
ground and surface waters and to prevent the occurrence of nuisance conditions in the area. Cover crops, the
golf course or other ground cover shall be established and well maintained in the irrigation area throughout the
year for effluent and nutrient uptake by the crop and to prevent pathways for effluent surfacing. Tailwater
control facilities shall be provided as necessary to prevent the discharge of any effluent from the irrigated land.
11. Effluent shall not be applied .for irrigation during rainfall events or when the ground is frozen or saturated.
12. The permittee shall erect adequate signs stating that the irrigation water is from a non-potable water supply for
any area where treated effluent is stored or where there exist hose bibs or faucets. Signs shall consist of a red
slash superimposed over the international symbol for drinking water accOlnpanied by the message "DO NOT
DRINK THE WATER" in both English and Spanish. All piping transporting the effluent shall be clearly marked
with these same signs.
13. Spray fixtures for the irrigation system shall be of such design that they cannot be operated by unauthorized
personnel.
14. Irrigation with effluent shall be accomplished only when the area specified is not in use.
15. The permittee shall maintain a long term contract with the owner( s) of the land application site which is
authorized for use in this permit, or own the land authorized for land application of treated effluent.
16. Holding or storage ponds shall conform to the design criteria for stabilization ponds with regard to construction
and levee design and shall maintain a minimum freeboard of two feet according to 30 TAC Chapter 217,
Design Criteria for Wastewater Treatment Systems.
17. Permanent transmission lines shall be installed from the holding pond to each tract of land to be irrigated
utilizing effluent from that pond.
18. The permittee shall comply with the buffer zone requirements of 30 TAC Section §309.13(c). A wastewater
Page 23
Exhibit H
Attachment number 11 \nPage 57 of 72
Item # L
City of Georgetown Permit No. WQOOI4232001
treatment plant unit, land where surface irrigation using wastewater effluent occurs, or soil absorption systems
(including low pressure dosing systems, drip irrigation systems, and evapotranspiration beds) must be located a
minimum horizontal distance of 150 feet from a private water well and a minimum horizontal distance of 500
feet from a public water well site as provided by §290.41(c)(1)(C) of this title, spring, or other similar sources
of public drinking water.
19. The two irrigation wells on the Cimarron Hills property (identified as Well # 13 and # 14) have been granted a
variance to the 150 foot buffer from a wastewater treatment plant unit, land where surface irrigation using
wastewater effluent occurs.
20. All abandoned and unused wells shall be properly plugged per 16 TAC §76.1004. A copy of the State of Texas
Well Plugging report for each well plugged shall be submitted to the TCEQ Water Quality Assessment Team
(MC-ISO).
21. A 150 foot buffer from the Middle Fork San Gabriel River and its tributaries shall be maintained where
irrigation with treated effluent will not occur.
22. A 50-foot buffer from all geologically sensitive areas, including closed depressions, fractured and vuggy rock
outcrops, solution cavities, sinkholes, and any surface conduit connecting to the cave and areas where irrigation
with treated effluent will not occur shall be maintained. All sensitive geologic features shall be marked with
signage, are delineated by and protected in native grass vegetations, and have special guard sprinkler heads that
prevent the sprinklers from spraying in the direction of the feature.
23. Sensitive geological features identified as G 10, GIS, and G30 in the Geological Assessment report for the Oaks
at San Gabriel tract shall maintain a 50 foot buffer plus a 200 foot upgradient buffer from areas where irrigation
with treated effluent shall not occur.
24. Due to the absence of a liner certification for the existing wastewater effluent holding pond, within 60 days of
this permit amendment issuance, a Texas-licensed professional engineer shall inspect the pond for seepage,
inspect the leak detection system, and document the findings. If repairs are needed, a description of the needed
repairs and time line for the completion of the repairs shall be submitted. The documentation of the inspection
and needed repairs shall be signed and sealed by a Texas-licensed professional engineer, and submitted to the
TCEQ Water Quality Assessment Team (MC-I50) within 90 days of permit issuance.
25. The proposed wastewater effluent holding pond liner shall be constnlcted in accordance with 30 TAC §217.203.
Prior to use, a liner certification for the pond, which has been signed and sealed by a Texas-licensed
professional engineer, shall be submitted to the TCEQ Regional Office (MC Region 11) and the TCEQ Water
Quality Assessment Team (MC-I50).
26. Any new recharge features uncovered by construction activities shall be reported to the Edwards Aquifer
Program of the TCEQ Regional Office (MC Region 11) within 30 days of discovery. Buffers and best
management practices consistent with the special provisions of this permit and 30 TAC Chapter 213 shall be
implemented to prevent impact to recharge features from wastewater application and prevent groundwater
contamination. Documentation of implement practices shall be forwarded to the TCEQ Water Quality
Assessment Team (MC-ISO) within 30 days of approval by the Edwards Aquifer Program of the TCEQ
Regional Office (MC Region 11).
27. Existing facilities for the retention of treated or untreated wastewater shall be adequately lined to control
seepage. The following methods of pond lining are acceptable.
a. In-situ clay soils or placed and compacted clay soils meeting the following requirements:
Page 24
Exhibit H
Attachment number 11 \nPage 58 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
1) More than 30% passing a No. 200 mesh sieve
2) Liquid limit greater than 30%
3) Plasticity index greater than 15
4) A minimum thickness of 2 feet
5) Permeability equal to or less than lxl0-7 cm/sec (*)
6) Soil compaction will be 95% standard proctor at optimum moisture content (*)
(*) For new and/or modified ponds only.
b. Membrane lining with a minimum thickness of 30 mils, and an underdrain leak detection system.
c. An alternate method of pond lining may be utilized with prior approval from the Executive Director.
The permittee shall furnish certification by a Texas Licensed Professional Engineer that the completed pond
lining meets the appropriate criteria above prior to utilization of the facilities. The certification shall be sent to
the TCEQ Regional Office (MC Region 11) and Water Quality Compliance Monitoring Team (MC 224) of the
Enforcement Division.
28. The permittee shall use cultural practices to promote and maintain the health and propagation of the
Bermudagrass (warm season) and winter ryegrass (cool season) or native grass crops and avoid plant lodging.
The permittee shall harvest the crops (cut and remove it from the field) at least one time during the year.
Harvesting and mowing dates shall be recorded in a log book kept on site to be made available to TCEQ
personnel upon request.
29. The physical condition of the land application fields will be monitored on a weekly basis. Any areas with
problems such as surface runoff, surficial erosion, stressed or damaged vegetation, etc., will be recorded in the
field log kept onsite and corrective measures will be implemented immediately.
30. The permittee shall obtain representative soil samples from the root zones of the areas receiving irrigation.
Composite sampling techniques shall be used. Each composite sample shall represent no more than 80 acres
with no less than 10 to 15 subsamples representing each composite sample. Subsamples shall be composited by
like sampling depth and soil type for analysis and reporting. Soil types are soils that have like topsoil or plow
layer textures. These soils shall be sampled individually from 0 to 6 inches, 6 inches to 18 inches and 18 inches
to 30 inches below ground level. The permittee shall sample soils in December to February of each year. Soil
samples shall be analyzed within 30 days of sample procurement.
The permittee shall provide annual soil analyses of the land application area for pH [2: 1 (v/v) water/soil
mixture]; conductivity [2: 1 (v/v) water/soil mixture]; total Kjeldahl nitrogen (TKN); nitrate-nitrogen; plant-
available potassium, calcium, magnesium, sulfur, and phosphorus; and sodium adsorption ratio (SAR) and its
constituent parameter analysis (i.e., water-soluble sodium, calcium, magnesium) shall be obtained from a
saturated paste,. The plant nutrient parameters shall be analyzed on a plant available basis. Phosphorus shall
be analyzed according to the Mehlich III procedure with inductively coupled plasma; and potassium, calcium,
magnesium, sodium, and sulfur may also be analyzed from the same Mehlich III extract. Plant-available
phosphorus, potassium, calcium, magnesium, sodium and sulfur shall be reported on a dry weight basis in
mg/kg; conductivity, in mmho/cm; pH, in standard units; and water-soluble ions (i.e., sodium, calcium and
magnesium), in mg/liter. Kjeldahl procedures that use methods that rely on mercury as a catalyst are not
acceptable. If the SAR is greater than 10, amendments (e.g., gypsum) shall be added to the soil to adjust the
SAR to less than 10.
The permittee shall submit the results of the soil sample analyses with copies of the laboratory reports to the
TCEQ Regional Office (MC Region 11) and the Water Quality Compliance Monitoring Team (MC 224) of the
Enforcement Division no later than end of September following the sampling date of each year.
Page 25
Exhibit H
Attachment number 11 \nPage 59 of 72
Item # L
1 MILE
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Exhibit H
Attachment number 11 \nPage 60 of 72
Item # L
Bryan W. Shaw, Ph.D., Chairman
Buddy Garcia, Commissioner
Carlos Rubinstein, Commissioner
Mark R. Vickery, P.G., Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
Mr. Glenn Dishong
City of Georgetown
300 Industrial Avenue #1
Georgetown, Texas 78626
March 22, 2010
Re: City of Georgetown, Permit No. WQ0014232001
(RNI01609618; CN600412043)
Dear Mr. Dishong:
Enclosed is a' copy of the above referenced permit for a wastewater treatment facility issued on
behalf of the Executive Director pursuant to Chapter 26 of the Texas Water Code.
If you are receiving a Texas Pollutant Discharge Elimination System (TPDES) discharge pennit and
your system is a new facility or an existing facility that has been reporting to the Texas Commission
on Environmental Quality (TCEQ), you may comply with self-reporting requirements by submitting
discharge monitoring reports (DMR) electronically over the Web through STEERS (see enclosed
flyer). Information about the electronic DMR (eDMR) system is available at
www.tceq.state.tx.us/goto/eDMR. We encourage electronic reporting. Discharge facilities that do
not use the eDMR system will receive paper DMR forms and instructions from the TCEQ
Enforcement Division or from the U.S. Environmental Protection Agency (EPA) if the facility has
been submitting DMRs to EPA.
If you are receiving a land application (no discharge) permit and are required to report monitoring
results, self-reporting forms and instructions will be forwarded to you by the TCEQ Enforcement
Division.
Enclosed is a "Notification of Completion of Wastewater Treatment Facilities" form. Use this form
when the facility begins to operate or goes into a new phase. The form notifies the agency when the
proposed facility is completed or when it is placed in operation. This notification complies with the
special provision incorporated into the permit. When the agency receives this form, the appropriate
pennit requirements will be activated in the compliance system database so that accurate monitoring
and reporting can occur.
P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us
Exhibit H
Attachment number 11 \nPage 61 of 72
Item # L
Mr. Glenn Dishong
Page 2
Should you have any questions, please contact Mr. Julian D. Centeno, Jr., P.E. of the TCEQ's
Wastewater Permitting Section at (512) 239-4671 or ifby correspondence, include MC 148 in the
letterhead address at the bottom of the previous page.
Sincerely,
Ch~~M~cf::
Water Quality Division
Texas Commission on Environmental Quality
CWM/JDC/sp
Enclosures
ccs: TCEQ, Region 11
Mr. Roger E. Schenk, Camp Dresser and McKee, Inc., 12357-A Riata Trace Parkway, Suite
210, Austin, Texas 78727
Exhibit H
Attachment number 11 \nPage 62 of 72
Item # L
Bryan W. Shaw, Ph.D., Chairman
Buddy Garcia, Commissioner
Carlos Rubinstein, Commissioner
Mark R. Vickery, P.G., Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
March 22,2010
TO: Persons on the attached mailing list.
RE: City of Georgetown
Permit No. WQ0014232001
This letter is your notice that the Texz..s Commission on Environmental Quality (TCEQ) executive
director (ED) has issued final approval of the above-named application. According to 30 Texas
Administrative Code (TAC) Section 50.135 the approval became effective on March 16, 2010,
the date the ED signed the permit or other approval unless otherwise· specified in the permit or
other approval. Enclosed is a copy of the Executive Director's response to comments.
You may file a motion to overturn with the chief clerk. A motion to overturn is a request for the
commission to review the TCEQ ED's approval of the application. Any motion must explain
why the comlnission should review the TCEQ executive director's action. According to 30 TAC
Section 50.139 an action by the ED is not affected by a motion to overturn filed under this section
unless expressly ordered by the commission .
. A. motion to overturn must be received by the chief clerk within 23 days after the date of this
letter. An original and 7 copies of a motion must be filed with the chief clerk in person, or by
mail to the chief clerk's address on the attached mailing list. On the same day the motion is
transmitted to the chief clerk, please provide copies to the applicant, the ED's attorney, and the
Public Interest Counsel at the addresses listed on the attached mailing list. If a motion to overturn
is not acted on by the commission within 45 days after the date of this letter, then the motion shall
be deemed overruled.
You may also request judicial review of the ED's approval. According to Texas Water Code
Section 5.351 a person affected by the ED.'s approval must file a petitIon appealing the ED's
approval in TravIs County district court within 30 days after the effective date of the approval.
Even if you request judicial review, you still must exhaust your administrative remedies, which
includes filing a motion to overturn in accordance with the previous paragraphs.
Individual members of the public may seek further information by calling the TCEQ Office of
Public Assistance, toll free, at 1-800-687-4040.
Sincerely,·
c#L
LaDdmla Castanuela
Chief Clerk
LDC/ka
P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us .
11:-:,ing
Exhibit H
Attachment number 11 \nPage 63 of 72
Item # L
MAILING LIST
for
City of Georgetown
Permit No. WQ0014232001
FOR THE APPLICANT:
Glen Dishong
City of Georgetown
300 Industrial Avenue #1
Georgetown, Texas 78626
Roger E. Schenk
Camp Dresser and McI(ee, Inc.
12357-A Riata Trace Parkway, Suite 210
Austin, Texas 78727
PROTESTANTS/INTERESTED PERSONS:
Bill Kelberlau
2829 Cedar Hollow Road
Georgetown, Texas 78628-7007
William Kelberlau
2829 Cedar Hollow Road
Georgetown, Texas 78628-7007
John Sommerfeld
101 Windemere West
Leander, Texas 78641-1625
FOR THE EXECUTIVE DIRECTOR
via electronic mail:
Kathy Humphreys, Staff Attorney
Texas Commission on Environmental Quality
Environmental Law Division MC-173
P.O. Box 13087
Austin, Texas 78711-3087
Julian D. Centeno, Jr. P.E., Technical Staff
Texas Commission on Environmental Quality
Water Quality Division MC-148
P.O. Box 13087
Austin, Texas 78711-3087
FOR OFFICE OF PUBLIC ASSISTANCE
via electronic mail:
Bridget Bohac, Director·
Texas Commission on Environmental Quality
Office of Public Assistance MC-108
P.O. Box 13087
Austin, Texas 78711-3087
FOR PUBLIC INTEREST COUNSEL
via electronic mail:
BIas J. Coy, Jr., Attorney
Texas Commission on Environmental Quality
Public Interest Counsel MC-1 03
P.O. Box 13087
Austin, Texas 78711-3087
FOR THE CHIEF CLERK
via electronic mail:
LaDonna Castafiuela
Texas Commission on Environmental Quality
Office of Chief Clerk MC-1 05
P.O. Box 13087
Austin, Texas 78711-3087
Exhibit H
Attachment number 11 \nPage 64 of 72
Item # L
TCEQ PERMIT NO. WQ0014232001
APPLICATION BY BEFORE THE
CITY OF GEORGETOWN
§
§
§
§
§
CHIEF CLEf1K~ OFFICi: TEXAS COMMISSION ON v ~
ENVIRONMENTAL QUALITY
EXECUTIVE DIRECTOR'S RESPONSE TO PUBLIC COMMENT
The Executive Director (ED) of the Texas Commission on Environmental Quality
(the Commission or TCEQ) files this Response to Public Comment on the City of
Georgetown'S (Georgetown's) application and on the ED's preliminary decision. As
required by 30 Texas Administrative Code (TAC) § 55.156, before a permit is issued, the
ED prepares a response to all timely, relevant and material, or significant comments. The
Office of Chief Clerk timely received one comment from Bill Kelberlau. Mr. Kelberlau
withdrew his comment on February 23, 2010. This response addresses all such timely
public comments received, whether or not withdrawn. If you need more information
about this permit application or the wastewater permitting process, please call the TCEQ
Office of Public Assistance at 1-800-687-4040. General information about the TCEQ can
be found at our website at www.tceq.state.tx.us.
BACKGROUND
Description of Facility
Georgetown applied to the TCEQ for a major amendment to TCEQ Permit No.
WQ0014232001, to authorize an increase in the daily average flow from 200,000 gallons
per day to 480,000 gallons per day and to increase the acreage irrigated from 100 acres to
152.8 acres. The existing wastewater treatment facility serves the Cimarron Hills
Exhibit H
Attachment number 11 \nPage 65 of 72
Item # L
Subdivision. The Oaks at San Gabriel residential area will be added to the service area in
the interim and final phases.
The wastewater treatment facility and disposal site are located approximately 5.8
miles west of Interstate Highway 35 and 1.05 miles north of State Highway 29 in
Williamson County, Texas.
Procedural Background
The permit application was received on February 2, 2009, and declared
administratively complete on March 23, 2009. The Notice of Receipt and Intent to Obtain
a Water Quality Permit (NORI) was published on April 19, 2009 in The Sunday Sun.l
The Notice of Application and Preliminary Decision (NAPD) for a Water Quality Permit
was published on December 16, 2009 in The Williamson County Sun. The public
comment period ended on January 15, 2010. This application was administratively
complete on or after September 1, 1999; therefore, this application is subject to the
procedural requirements adopted pursuant to House Bill 801 (76 th Legislature, 1999).
Access to Rules, Laws, and Records
Please consult the following websites to access the rules and regulations applicable to
this permit:
• To access the Secretary of State website: www.sos.state.tx.us;
• For TCEQ rules in Title 30 of the Texas Administrative Code:
www.sos.state.tx.us/tac/ (select "TAC Viewer" on the right, then "Title 30
Environmental Quality");
• For Texas statutes: www.capitol.state.tx.us/statutes/statutes.html;
1 The NORI was inadvertently titled Notice of Application and Preliminary Decision for TPDES Permit For
Municipal Wastewater Renewal. The body of the notice, however, reflected that the permitting action is
an amendment to increase the volume of discharge and irrigated acreage. The ED has determined that
because the language in the NAPD was correct and most of the language in the NORI was correct,
Georgetown has substantively complied with the published notice requirements.
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 2
Exhibit H
Attachment number 11 \nPage 66 of 72
Item # L
• To access the TCEQ website: www.tceq.state.tx.us (for downloadable rules in
WordPerfect or Adobe PDF formats, select "Rules, Policy, & Legislation," then
"Rules and Rulemaking," then "Download TCEQ Rules");
• For Federal rules in Title 40 of the Code of Federal Regulations:
www.epa.gov/epahome/cfr40.htm;
• For Federal environmental laws: www.epa.gov/epahome/laws.htlTI.
Commission records for this facility are available for viewing and copying and are
located at TCEQ' s main office in Austin, 12100 Park 35 Circle, Building F, 1 st Floor
(Office of Chief Clerk). The permit application, ED's preliminary decision, and draft
permit are available for viewing and copying at Georgetown Utility Systems, 300
Industrial Avenue #1, Georgetown, Texas.
COMMENTS AND RESPONSES
COMMENT 1:
Bill Kelberlau inquires what studies/evaluations/inspections have been done to
ensure that there is no negative impact on the surrounding environment, San Gabriel
water shed and local water wells.
RESPONSE 1:
Although the wastewater permitting process does not require the submittal of any
specific environmental impact studies of the proposed permit boundary area, Chapters
309 and 217 of 30 TAC contain numerous regulations regarding the location and
construction of wastewater treatment facilities which are designed to protect human
health and the environment. TCEQ' s rules describe both unsuitable site characteristics
for the wastewater treatment facilities, and the required buffer distances between
Executive Director's Response to Public Comment, TCEQ Pennit No. WQ0014232001 Page 3
Exhibit H
Attachment number 11 \nPage 67 of 72
Item # L
wastewater treatment facilities and water wells? Chapter 217 of 30 TAC contains
required construction specifications of treatment and storage facilities designed to
minimize any potential contamination of ground and surface water.
This application is for a Texas Land Application Permit which does not authorize
the discharge of treated domestic wastewater into waters in the State. The draft permit
contains numerous special provisions to minimize the potential of contamination to
groundwater and surface water, including requiring Georgetown to:
• maintain a minimum horizontal buffer distance of 150 feet from a private
water well and 500 feet from a public water well, spring, or other similar
sources of public drinking water, from the land irrigated·by wastewater;3
• properly plug abandoned wells according to 16 TAC §76.1004;4
• maintain buffers from land where surface irrigation with treated effluent takes
place and all geologically sensitive areas, including closed depres'sions,
fractured and vuggy rock outcrops, solution cavities, sinkholes, and any
surface conduit connecting to a cave;5
• maintain a 150 foot buffer from the Middle Fork San Gabriel River and its
tributaries and land where surface irrigation takes place; 6
• protect the wastewater treatment facilities from a 100-year flood; 7 and
• comply with other provisions regarding the maintenance of the land where
surface irrigation using wastewater effluent takes place, including crop
management and soil sampling. 8
The permit application includes a study of limiting hydraulic and nitrogen
application rates as provided by the water balance calculations, crop nitrogen balance
230 TAC §309.l3(a) -(d).
3 See, Draft Pennit, Special Provision # 18.
4 See, Draft Pennit, Special Provision #20.
5 See, Draft Pennit, Special Provisions #22, #23, and #26.
6 See, Draft Permit, Special Provision #21.
7 See, Draft Permit, Special Provision #6.
8 See, Draft Permit, Special Provisions #9, #10, #28, #29, and #30.
Executive Director's Response to Public Comment, TCEQ Pennit No. WQOOl4232001 Page 4
Exhibit H
Attachment number 11 \nPage 68 of 72
Item # L
calculations and an effluent storage study. The effluent application rate was calculated in
order not to exceed the effluent needed by the root zone of the irrigated crops arrived at
in the water balance calculations and prevent excessive nitrogen application. The effluent
will not be applied during rainfall events or when the ground is frozen or saturated. The
draft permit provides sufficient effluent storage for use at times when the effluent cannot
be utilized for irrigation.
The effluent limits of 5 mg/l BODs and 10 mg/l TSS are more stringent than the
secondary treatment quality required by 30 TAC §309.1 and 30 TAC §213.6(b).9 The
effluent must also be disinfected as required by 30 TAC §309.3 for the protection of
public health.
Additionally, the facility and disposal area are located within the Edwards Aquifer
recharge zone, and therefore must comply with all regulations of 30 T AC Chapter 213.
Georgetown was required to submit an Edwards Aquifer Protection Plan (EAPP)
application to the Executive Director for approval prior to construction.1o An Edwards
Aquifer Protection Plan is a general term for the following plans: Water Pollution
Abatement Plan (WP AP), Organized Sewage Collection System Plan, Underground
Storage Tank Facility Plan, Aboveground Storage Tank Facility Plan, and any
modifications, extensions or exceptions to these approved plans.ll To comply with the
WP AP Georgetown submitted a detailed geological assessment and proposal for best
management practices (BMPs), including measures to prevent pollution of surface water,
9 The effluent limits for public access land application permits are 20 mg!l BOD5 and 20 mg!l TSS. 30
TAC §309.4, set 4.
10 30 TAC §213.4(a).
11 30 TAC §213.5.
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 5
Exhibit H
Attachment number 11 \nPage 69 of 72
Item # L
groundwater, or stormwater. The ED approved Georgetown's WPAP for the wastewater
treatment facility in July, 2001.
The wastewater permitting process and Edwards Aquifer protection program are
two distinct and different programs of the TCEQ. Personnel from the Edwards Aquifer
Protection Program, TCEQ Region 11 Office, are responsible for reviewing the EAPP.
Once a plan is approved, the site is monitored for compliance by the TCEQ Region 11
Edwards Aquifer Program staff. For additional information regarding the EAPP for this
facility, please contact the TCEQ Region 11 office Edwards Aquifer Program staff at
(512) 339-2929. Additional information regarding the Edwards Aquifer Program, may
be found at: http://www.tceg.state.tx.us/compliance/field ops/eapp/program.html.
CHANGES MADE TO THE DRAFT PERMIT IN RESPONSE TO COMJVt:ENT
In response to comments made during the comment period, the ED has
incorporated the following provision as Special Provision 31, page 26 of the draft permit:
31. This facility for wastewater treatment, storage and disposal is located
on the Edwards Aquifer Recharge Zone and is subject to 30 TAC 213
Subchapter A requirements.
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 6
Exhibit H
Attachment number 11 \nPage 70 of 72
Item # L
Respectfully submitted,
Texas Commission on Environmental
Quality
Mark R. Vickery, P.G.
Executive Director
Robert Martinez, Director
Environmental Law Division
Byvr~~~¥-~~ ________ _
Katliy ump
Environment Law Division
State Bar No. 24006911
P.O. Box 13087, MC 173
Austin, Texas 78711-3087
(512) 239-3417
REPRESENTING THE EXECUTIVE
DIRECTOR OF THE TEXAS
COMMISSION ON ENVIRONMENTAL
QUALITY
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 7
Exhibit H
Attachment number 11 \nPage 71 of 72
Item # L
CERTIFICATE OF SERVICE
I certify that on the 24th day of February, 2010, the "Executive Director's
Response to Public Comment" for Permit No.WQ0014232001 was filed with the Texas
Commission on Environmental Quality's Office of Chief Clerk.
Exhibit H
Attachment number 11 \nPage 72 of 72
Item # L
Page 1 of 13
STATE OF TEXAS § AGREEMENT FOR
§ THE DELIVERY AND USE
COUNTY OF WILLIAMSON § OF RECLAIMED WATER
THIS AGREEMENT is made and entered into this ___________ day of _________________, 2012
(“Effective Date”) between Cimarron Hills Development, L.L.C.,an Arizona limited liability
company ("Customer") and the City of Georgetown (“City”).
WITNESSETH:
WHEREAS, the City owns, maintains and operates the Cimarron Hills Wastewater Treatment Plant
(Texas Commission on Environmental Quality (“TCEQ”) Permit No. WQ0014232001) (copy
attached as Exhibit A), which is part of a utility system that provides treated wastewater effluent to
serve the non-potable water needs of its customers; and
WHEREAS, pursuant to the Development Agreement (defined below), Customer’s predecessor in
interest permitted and constructed the “Interim I Phase” of the Cimarron Hills Wastewater Treatment
Plant, the treated effluent from which is currently disposed of via land application on the Cimarron
Hills Golf Course; and
WHEREAS, TCEQ Permit No. WQ0014232001 authorizes the expansion of the Cimarron Hills
Wastewater Treatment Plant, and requires that all of the treated effluent from the plant be disposed of
via land application on either on the Cimarron Hills Golf Course and, in the final phase, along certain
roadway frontage areas, as follows:
Plant Size in Millions
of Gallons per Day Phase
0.20 MGD Interim I Phase
0.24 MGD Interim II Phase
0.46 MGD Final Phase
WHEREAS, the City now owns and operates the Cimarron Hills Wastewater Treatment Plant and the
Customer now owns the Cimarron Hills Golf Course and roadway frontage used for land application
of treated effluent.
WHEREAS, the City and Customer now desire to set forth the terms and conditions related to use of
Reclaimed Water in this separate agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein,
the City and Customer do hereby agree as follows:
Exhibit I
Attachment number 12 \nPage 1 of 72
Item # L
Page 2 of 13
1. DEFINITIONS
As used herein, capitalized terms shall have the following definitions:
“Agreement” means this Agreement for the Delivery and Use of Reclaimed Water.
“City” means the City of Georgetown, Texas.
“City’s Reclaimed Water System” means the system by which the Reclaimed Water is
collected, treated, transported, stored and delivered by the City to the Point of Delivery, including but
not limited to the Cimarron Hills Wastewater Treatment Plant, the effluent pump station, reclaimed
water piping, and the liner of the Effluent Holding Pond.
“Contracted Water Volume” means all Reclaimed Water produced by the Cimarron Hills
Wastewater Treatment plant, up to a maximum of 0.46 Million Gallons per Day over a one month
period based on daily average flow.
“Customer” means Cimarron Hills Development, L.L.C.,an Arizona limited liability
company.
“Customer’s Irrigation System” means and refers the pump station suction and discharge
lines and all systems and components downstream of the Point of Delivery that are owned and
maintained by Customer to facilitate irrigation of the Property, including but not limited to pipes,
pumps, valves, ponds, spigots, sprinklers, and all components of the Effluent Holding Pond other than
the pond liner.
“Development Agreement” means the “Development Agreement Concerning Proposed
Subdivision and Construction of Cimarron Hills Subdivision” dated February 24, 2000 and recorded
as Document No. 2000012127 of the Official Property Records of Williamson County, Texas (the
“Development Agreement”), which has been amended by the following: (i) that certain “First
Amendment to Development Agreement Concerning Proposed Subdivision and Construction of
Cimarron Hills Subdivision” dated August 8, 2000 and recorded in the Official Property Records of
Williamson County as Document No. 2000052343 (the “First Amended Development
Agreement”); (ii) that certain “Second Amendment to Development Agreement Concerning
Proposed Subdivision and Construction of Cimarron Hills Subdivision” dated March 21, 2012 and
recorded in the Official Property Records of Williamson County as Document No. 2012020883 (the
“Second Amended Development Agreement”), (iii) that certain “Amended and Restated
Development Agreement” dated to be effective on even date herewith; and (iv) all subsequent
amendments thereto.
“Effective Date” means the date first written above.
Exhibit I
Attachment number 12 \nPage 2 of 72
Item # L
Page 3 of 13
“Effluent Holding Pond” means that certain effluent holding pond located on Lot 19,
BLOCK A, Cimarron Hills PUD Subdivision, Phase 1 Section 6, being 7.99 acres of land, more or
less.
“Lease” means that certain Lease Agreement by and between Developer’s predecessor in
interest and the City dated to be effective on August 8, 2000 and subsequently assigned to Developer,
including all amendments.
“Non-Potable Water” means the non-potable water to be delivered to the Point of Delivery
by the City under this Agreement and sourced from reclaimed water flowing from the Cimarron Hills
Wastewater Treatment Plant.
“Party” and “Parties” means, as appropriate, either or both the City and Customer or their
assigns.
“Point of Delivery” means the point where the outfall line from the Cimarron Hills
Wastewater Treatment Plant enters the Effluent Holding Pond.
“Property” means the Cimarron Hills golf course and the roadway medians and right of way
comprising the frontage area of SH 29 under the ownership or control of Customer. The portion of
the Property known as the Cimarron Hills golf course is further described on Exhibit B, attached
hereto and made a part hereof. The portion of the Property referred to as the frontage area is further
shown by diagram or sketch on Exhibit C, attached hereto.
"Reclaimed Water" means the treated wastewater effluent produced by the Cimarron Hills
Wastewater Treatment Plant or from the City’s other wastewater treatment plants subject to the
TCEQ permit provisions relating to reclaimed water production and usage for each plant.
“Cimarron Hills Wastewater Treatment Plant” means the City’s Cimarron Hills
Wastewater Treatment Plant.
“TCEQ” means the Texas Commission on Environmental Quality.
“TCEQ Permit” means TCEQ Permit No. WQ0014232001, as the same may be renewed,
revised or amended from time to time.
2. TERM
Unless terminated pursuant to the terms and conditions of Section 10, below, this Agreement shall
commence on the Effective Date and continue in effect for so long as the Property is needed for
Exhibit I
Attachment number 12 \nPage 3 of 72
Item # L
Page 4 of 13
disposal of treated effluent under the TCEQ Permit.
3. USE OF RECLAIMED WATER
(a) Customer shall use the Reclaimed Water only for irrigation of the Property. The Customer
shall use Reclaimed Water for the irrigation purposes authorized herein in a manner that is consistent
with all local, state, and federal regulations, and in such a manner as not to require a state or federal
wastewater discharge permit. In particular, Customer shall comply with the terms and conditions
pertaining to land application of treated effluent contained or referenced in the TCEQ Permit, the
current version of which is attached hereto as Exhibit A and incorporated herein by reference, and
with any other applicable federal, state or local laws, rules or regulations. The City agrees that it will
not file an application to amend the TCEQ Permit that would require Customer to dispose of more
than 0.46 MGD of treated effluent on the Property, to change the type of turf grass on the Property,
or increase the irrigation application rates without Customer’s prior written consent, unless such
amendment is required by federal or state law or regulation or court order.
(b) Customer may propose additional (i.e., new irrigation area, non-irrigation) uses of the
Reclaimed Water and request the City’s approval for such additional uses. The City shall review
these proposed new use(s) and approve or disapprove each new use of Reclaimed Water in writing.
The City shall not unreasonably withhold its approval; provided, however, that the City’s approval
may be conditioned upon obtaining authorization from the TCEQ to use Reclaimed Water for the
proposed new use. The Parties agree to amend this Agreement to include any City and TCEQ-
approved non-irrigation uses of Reclaimed Water requested by Customer.
4. WATER QUALITY
(a) Reclaimed Water delivered under this Agreement shall be treated by the City to levels
specified by the TCEQ Permit. In the event of unplanned water quality deterioration of the
Reclaimed Water in violation of the TCEQ Permit, the City will inform the Customer as soon as
practicable and delivery of Reclaimed Water shall be discontinued until quality is restored to the levels
specified by the TCEQ Permit.
(b) The City does not agree to treat any well water that may be commingled with the Reclaimed
Water by Customer, and the City is not responsible for the quality of any comingled water. The City
shall monitor water quality as required by the TCEQ. The City and Customer shall comply with all
applicable TCEQ regulations relating to the use of Reclaimed Water.
(c) The Customer will take all reasonable precautions, including signs and labeling, to clearly
identify those portions of Customer’s Irrigation System on the Property as may be necessary to
prevent inadvertent human consumption of Reclaimed Water. The Customer shall insure that no inter-
connections are made between Customer’s Irrigation System and other water systems. This shall not
Exhibit I
Attachment number 12 \nPage 4 of 72
Item # L
Page 5 of 13
prohibit the storage of potable water, stormwater, surface water, well water and Reclaimed Water in
a common storage facility, so long as the common storage facility is for irrigation or other approved
uses of the Reclaimed Water, and a backflow prevention system is provided to ensure that the
Reclaimed Water cannot flow upstream into the pipes or systems sourcing the other water.
(d) The City shall have the right to conduct soil borings and construct and sample monitoring
wells at one or more locations at the perimeters of the Property, if such action is required by law.
The City shall conduct borings and/or monitoring wells on the Property in locations that will not
materially interfere with Customer’s operation or use of the Property.
5. CONTRACTED WATER VOLUME
(a) City shall make available to Customer at the Point of Delivery a supply of Reclaimed Water
for irrigation of the Property in the amount of the Contracted Water Volume. The supply of
Reclaimed Water shall be further subject to any limitations set forth in the TCEQ Permit. The City
further agrees to give Customer first priority with respect to all Reclaimed Water generated by the
Cimarron Hills Wastewater Treatment Plant prior to selling or furnishing such Reclaimed Water to
any third person.
(b) Subject to the terms of the TCEQ Permit, Customer shall be required to take the Contracted
Water Volume of Reclaimed Water delivered to the Point of Delivery.
(c) The Customer may, at its sole expense, use other sources of water during the entire term of
this Agreement; provided however, that Customer shall remain obligated to (i) accept the amount of
Reclaimed Water generated by the Cimarron Hills Wastewater Treatment Plant up to the Contracted
Water Volume at the Point of Delivery and dispose of Reclaimed Water on the Property at the time,
in the manner, and in the amounts required under the TCEQ Permit, and (ii) pay the charges set forth
in Section 7 below.
(d) Subject to the terms of this Agreement, the City shall retain the right to sell the reclaimed
water generated by the Cimarron Hills Wastewater Treatment Plant in excess of the Contracted Water
Volume to customers other than Customer.
6. RESPONSIBILITY FOR CITY’S RECLAIMED WATER SYSTEM AND
CUSTOMER’S IRRIGATION SYSTEM
(a) The City shall own, operate, and maintain, at the City’s sole expense, the City’s Reclaimed
Water System.
(b) Customer shall own, operate, and maintain, at Customer’s sole expense, Customer’s Irrigation
System. Customer shall identify, and Customer shall implement, at its sole cost and expense, any
Exhibit I
Attachment number 12 \nPage 5 of 72
Item # L
Page 6 of 13
improvements, upgrades, or modifications to Customer’s Irrigation System required by the TECQ
Permit or state or federal law as a condition of receiving Reclaimed Water. Customer agrees to
implement and comply with the operation and maintenance plan requirements as stated or referenced
in the City’s TCEQ Permit and the rules and regulations of the TCEQ at its Customer’s sole cost and
expense.
(c) Customer shall provide, if necessary and in a manner approved by the appropriate regulatory
agencies or by the City, a positive backflow prevention device between Customer’s Irrigation System
and any other water source(s), whether in conjunction with commingled storage or otherwise. The
cost of such backflow prevention device and its installation shall be borne by Customer, and the
complete operation of the backflow prevention device shall be the responsibility of Customer.
Customer agrees to identify to the City all well(s) or other water sources connected to Customer’s
Irrigation System.
(d) Within ten (10) working days after the Effective Date, and before the end of each calendar
year during the term of the Agreement , , Customer shall certify in writing to the City that Customer’s
Irrigation System complies with the TCEQ Permit. The certification shall specifically confirm that
any holding pond that is part of the Customer’s Irrigation System is compliant with all applicable
regulatory requirements for treated wastewater effluent storage facilities located within the Edward’s
Aquifer Recharge Zone. Any noncompliant components of the Customer’s Irrigation System shall be
identified and a statement of any planned remedial action shall be described in the certification.
Customer shall also certify that it has prepared and implemented a written operation and maintenance
plan if required by any applicable TCEQ rules. Customer shall promptly provide the City with a copy
of any required operation and maintenance plan and any amendments or revisions of the plan.
(e) If Customer fails to operate or maintain any part of the Customer’s Irrigation System in a
manner that is in compliance with the TCEQ Permit or any applicable federal or state or local laws or
rules pertaining to storage, transmission, use or disposal of Reclaimed Water (“Non-Compliance”),
City shall provide written notice of the Non-Compliance to Customer. Customer shall have ten (10)
days have after the date of said letter to certify to City that the Customer’s Irrigation System is in
compliance with all applicable federal, state and local rules and the TCEQ Permit, or if such Non-
Compliance cannot be reasonably corrected with diligence in such ten (10) day period, to specify the
steps to be taken and estimated date that the Non-Compliance will be corrected. The certification
must be in writing and must explain in detail what steps were or will taken to correct the Non-
Compliance. If Customer fails or refuses to cure the Non-Compliance within the ten (10) day period
(or longer if a longer period is agreed to by the City), the City shall have the right to enter the
Property and take any and all actions necessary to maintain, repair and otherwise restore the
Customer’s Irrigation System to full compliance and to receive reimbursement for the costs of such
maintenance and repairs from the Customer (“Non-Compliance Costs”). Customer shall pay the
Non-Compliance Costs to the City in full within three (3) business days following Customer’s receipt
of an invoice for same. In addition, Customer shall be solely responsible for all administrative, civil or
criminal fees, fines, penalties, claims, notices of violation, judgments, orders, costs, or damages
resulting from any and all alleged or actual Non-Compliance(s) and shall indemnify, defend and hold
Exhibit I
Attachment number 12 \nPage 6 of 72
Item # L
Page 7 of 13
the City, its officers, employees, and agents, harmless from all administrative, civil or criminal fees,
fines, penalties, claims, notices of violation, judgments, orders, costs, or damages from or arising out
of any and all alleged or actual Non-Compliance(s). Customer shall not be responsible for treatment
of any Reclaimed Water delivered by the City, and in the event that the City delivers Reclaimed Water
to Customer at the Point of Delivery that is not in accordance with the TCEQ Permit, the irrigation of
the Property with such water by Customer shall not be deemed Non-Compliance for purposes of this
Agreement.
7. RATES, FEES AND CHARGES.
Subject to the provisions of Section 7(b) of this Agreement, Customer shall pay the City for the
Reclaimed Water delivered by City through the Point of Delivery at the rate that may be established
by the City from time to time for Non-Potable Irrigation Water. The City reserves the right to review
and revise Non-Potable Irrigation Water rates without the consent of Customer.
8. DELIVERY AND USE
(a) Customer recognizes that delivery of the Contracted Water Volume to the Point of Delivery is
dependent upon and affected by the volume of wastewater treated at the Cimarron Hills Wastewater
Treatment Plant, the conditions of the Effluent Holding Pond, and equipment malfunction and normal
maintenance activities.
(b) City recognizes that the use of the Contracted Water Volume is dependent upon the volume
of reclaimed water in the Effluent Holding Pond and the soil conditions on the Property. If the
Customer cannot use Reclaimed Water and non-use could cause an overflow of the Effluent Holding
Pond, or such use could cause ponding of Non-Potable water on the Property, or otherwise cause
run-off that would result in an unauthorized discharge or any other violation of the TCEQ Permit on a
specific day, the Customer shall immediately notify the City by telephone, e-mail, or fax.
Notwithstanding the notice requirements set forth in Section 20, notification to City under this
Section shall be provided to the following individual, or to such alternate person/numbers as City may
designated by written notice to Customer from time to time:
City of Georgetown
Attn: General Manager of Utilities
Phone: (512) 930-3652
Fax: (512) 930-3622
9. DISCLAIMER OF WARRANTIES
Exhibit I
Attachment number 12 \nPage 7 of 72
Item # L
Page 8 of 13
(a) Express Warranties. The City disclaims all express warranties except with regard to those in
Section 4(a) of this Agreement relating to the treatment of the Reclaimed Water to meet federal and
state standards for Reclaimed Water. The City does not represent nor warrant that the Reclaimed
Water delivered to the Customer shall be suitable for any purpose or increase the productivity of the
irrigated property or result in any changes to the land, crops, or vegetation. Further, the use of any
plans, specifications, water quality analysis or treated wastewater sampling during the negotiations
leading to this Agreement serve to merely indicate the general quality of Reclaimed Water which will
be delivered to the Customer. Such plans, specifications, water quality analysis or treated wastewater
samples create no warranty with regard to the quality or volume of the Reclaimed Water.
(b) Implied Warranties. The City disclaims any implied warranties of merchantability or fitness of
the Reclaimed Water delivered under this Agreement for any purposes.
10. TERMINATION
Customer shall have no right to unilaterally terminate this Agreement. The City may terminate this
Agreement if required to do so under the terms and conditions of the TCEQ Permit or if otherwise
ordered to do so by the TCEQ. In the event of termination, all rates, fees and charges due as of the
effective date of the termination shall be paid in full by Customer to the City within thirty (30) days of
the date of receipt by Customer of a final invoice from the City.
11. ASSIGNMENT
(a) Assignment by City. The City shall have the right to transfer all or any part of the City’s
Reclaimed Water System to another public utility and to assign all or any part of its rights and
obligations under this Agreement to another public utility who shall be bound by and be exclusively
responsible for all applicable terms and conditions of this Agreement.
(b) Assignment by Customer. Customer shall have no right to transfer all or any part of the
Customer’s Irrigation System to any other person or entity without the prior written consent of the
City, which consent shall not be unreasonably withheld. Notwithstanding the generality of the
foregoing, the rights of Customer under this Agreement may be transferred or assigned separately
with a corresponding transfer or conveyance of all of the Property. Notice of any such assignment
shall be given to the City within thirty (30) days after the effective date thereof.
12. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS
If for any reason during the term of this Agreement, local, state or federal governments or agencies
shall fail to issue necessary permits, permit amendments, permit modifications, permit renewals, grant
necessary approvals, or shall require any change in the operation of City’s Reclaimed Water System
Exhibit I
Attachment number 12 \nPage 8 of 72
Item # L
Page 9 of 13
or the Cimarron Hills Wastewater Treatment Plant, or the rules and regulations or TCEQ Permit
provisions applicable to the application and use of Reclaimed Water, then to the extent that such
requirements shall affect the ability of any Party to perform any of the terms of this Agreement, the
affected party shall be excused from the performance thereof and a new Agreement shall be
negotiated by the Parties hereto to conform with such permits, approvals, or requirements.
13. INDEMNIFICATION
(a) The Customer shall indemnify and hold harmless the City, including its officers, agents,
employees and representatives, against any and all claims, actions, suits, proceedings, costs, expenses,
damages or liabilities (including attorney’s fees) arising out of any injury, illness or disease to persons
or damage to property caused, in whole or in part (but if in part, to the extent caused in part), by the
Reclaimed Water furnished by the City to the Customer hereunder after delivery thereof to Customer
at the Point of Delivery.
(b) The Customer shall save and hold harmless and indemnify the City, its agents, representatives
and employees from any and all claims, actions, suits, proceedings, costs, penalties, fines, damages
and expenses (including attorney's fees) arising out of any Non-Compliance (Section 6(e)) or related
to the Customer's use of the Reclaimed Water, or the construction, erection, location, operation,
maintenance, repair, installation, replacement or removal of all or any part of the Customer’s
Irrigation System.
14. ACCESS
The City shall have the right, with prior notice and permission of Customer, with such permission not
being unreasonably withheld, to enter upon the Property to review and inspect the Customer’s
Irrigation System and operations of the Customer’s Irrigation System to ensure compliance with this
Agreement. City shall provide reasonable advance notice to Customer of any such entry, and shall
use its best efforts to minimize any disruption or use of the Property.
15. DISCLAIMER OF THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the formal Parties to this Agreement and no right or cause
of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal
Party to this Agreement.
16. SEVERABILITY
If any court finds any part of this Agreement invalid or unenforceable, such invalidity or
Exhibit I
Attachment number 12 \nPage 9 of 72
Item # L
Page 10 of 13
unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the
parties contained therein are not materially prejudiced and if the intentions of the parties can continue
to be effective. To that end, this Agreement is declared to be severable.
17. BINDING UPON SUCCESSORS
Except as otherwise provided in Section 16 (Severability) and subject to the provisions of Section 11
(Assignment), this Agreement shall be binding upon and shall inure to the benefit of the successors or
assigns of the parties hereto.
18. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and interpreted
according to the laws of the State of Texas. Venue for any dispute related to this Agreement shall lie
with any court of competent jurisdiction in Williamson County, Texas.
19. NOTICES
All notices required or authorized under this Agreement shall be given in writing and shall be served
by mail on the parties at the addresses listed below:
City: Attn: City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Phone: (512) 930-3652
Fax: (512) 930-3622
Customer:
Desert Troon Companies/Cimarron Hills Development
17207 North Perimeter Drive Suite 200
Scottsdale, Arizona 85255
Main Office: 480-563-5247
Fax: 480-513-6665
With additional notice sent to:
Cimarron Hills Development
103 Cimarron Hills Trail West
Georgetown, Texas 78628
Exhibit I
Attachment number 12 \nPage 10 of 72
Item # L
Page 11 of 13
Office: 512-763-8705
Fax: 512-763-8383
20. ENTIRE AGREEMENT
The Parties recognize that the TCEQ Permit and this Agreement imposes on them certain
requirements and limitations regarding the delivery and use of Reclaimed Water to ensure that such
delivery and use is incompliance with all federal, state, and local regulations. Except with regard to
the TCEQ Permit and applicable federal, state, and local regulations, this written Agreement, in
conjunction with the Development Agreement and the Lease, constitute the entire agreement between
the Parties as to the use of Reclaimed Water on the Property.
21. CONFLICTS
In the event of any conflict between this Agreement and the TCEQ Permit, federal, state or local law,
the TCEQ Permit, federal, state or local law shall control over this Agreement. In the event of any
conflict between this Agreement and the Development Agreement, or the Lease, this Agreement shall
control if the conflict relates to the use of Reclaimed Water by the Customer or to Customer’s
Irrigation System. Otherwise the Development Agreement or Lease shall control.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first above
written.
CUSTOMER:
By: _______________________________
Name: _______________________________
Title: _______________________________
CITY:
CITY OF GEORGETOWN
By:
Exhibit I
Attachment number 12 \nPage 11 of 72
Item # L
Page 12 of 13
George G. Garver, Mayor
ATTEST:
Jessica Brettle, City Secretary
APPROVED AS TO FORM:
Bridget Chapman, Assistant City Attorney
(Acknowledgements Follow)
Exhibit I
Attachment number 12 \nPage 12 of 72
Item # L
Page 13 of 13
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by George G. Garver, Mayor of the City of Georgetown, Texas, a home-rule city, on behalf of
the City.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by ________________________, _______________________ of Cimarron Hills
Development, L.L.C., an Arizona limited liability company, on behalf of said limited liability company.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
Exhibit I
Attachment number 12 \nPage 13 of 72
Item # L
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
P.O. Box 13087
Austin, Texas 78711-3087
PERMIT TO DISCHARGE WASTES
under provisions of Chapter 26
of the Texas Water Code
City of Georgetown
whose mailing address is
300 Industrial Avenue #1
Georgetown, Texas 78626
PERMIT NO. WQ0014232001
This amendment supersedes and
replaces Permit No. WQ0014232001
issued November 17,2008.
Nature of Business Producing Waste: Domestic wastewater treatment operation, SIC Code 4952.
General Description and Location of Waste Disposal System:
Description: The Cimarron Hills Wastewater Treatment Facility consists of an activated sludge process plant
using the conventional mode. Treatment units in the Interim I and II phase include fine screen, anoxic basin,
aeration basin, final clarifier, aerobic sludge digester, effluent filter and chlorine contact chamber. The facility
is in operation. Treatment units in the Final phase will add another module consisting of an anoxic basin,
aeration basin, final clarifier, aerobic sludge digester, effluent filter and chlorine contact chamber. The facility
includes one storage pond with a total surface area of 5.8 acres and total capacity of 54 acre-feet for storage of
treated effluent prior to irrigation in the Interim I and II phases. The facility will include two storage ponds
with a total surface area of 13 acres and total capacity of 133.91 acre-feet for storage of treated effluent prior.
to irrigation in the Final phase. The permittee is authorized to' dispose of treated domestic wastewater effluent
at a daily average flow not to exceed 0.20 MGD via surface irrigation of 100 acres of public access (golf
course) land in the Interim I phase, 0.24 MGD via surface irrigation of 100 acres of public access (golf
course) land in the Interim II phase, and 0.43 MGD (golf course in the final phase), 0.03 MGD (frontage in
the final phase) via surface irrigation of 152.8 acres of public access (137.52 acres golf course and 15.28 acres
frontage) land in the Final phase. Application rates to the irrigated land shall not exceed 2.24 acre-feet per
year per acre irrigated in the Interim I phase, 2.69 acre-feet per year per acre irrigated in the Interim II phase,
3.5 acre-feet per year per acre irrigated in the Final phase on the golf course, 2.2 acre-feet per year per acre
irrigated in the final phase on the frontage. The irrigated crops include bermuda grass, winter rye grass and
native grass. Location: The wastewater treatment facility and disposal site are located approximately 5.8
miles west of Interstate Highway 35 and 1.05 miles north of State Highway 29, in Williamson County, Texas.
(See Attachment A.) Drainage Area: The wastewater treatment facility and disposal site are located in the
drainage basin of Middle Fork San Gabriel River, a tributary of the San GabriellNorth Fork San Gabriel River
in Segment No. 1248 of the Brazos River Basin. No discharge of pollutants into water in the State is
authorized by this permit.
This permit and the authorization contained herein shall expire at midnight on December 1, 2017.
ISSUED DATE: MAR 16 2010
Exhibit I
Attachment number 12 \nPage 14 of 72
Item # L
City of Georgetown Pennit No. WQ0014232001
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Page 2
Conditions of the Permit: No discharge of pollutants into water in the State is authorized.
A. Effluent Limitations
Character:
Volume:
Treated Domestic Sewage Effluent
Daily Average Flow -0.20 MGD in the Interim I Phase
Daily Average Flow -0.24 MGD in the Interim II Phase
Daily Average Flow -0.43 MGD (golf course in the Final Phase)
Daily Average Flow -0.03 MGD (frontage in the Final Phase)
Quality: The following effluent limitations shall be required:
Effluent Concentrations
(Not to Exceed)
Daily 7-Day Daily Single
Parameter Average Average Maximum Grab
mg/l mg/l mg/ mg/l
Biochemical Oxygen 5 7.5 13 18
Demand (5-day)
Total Suspended Solids 10 15 25 35
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
, The effluent shall be chlorinated in a chlorine contact chamber to a residual of 1.0 mg/1 with a
minimum detention time of 20 minutes. If the effluent is to be transferred to a holding pond or
tank, re-chlorination prior to the effluent being delivered into the irrigation system will be
required. A trace chlorine residual shall be maintained in the effluent at the point of irrigation
application.
B. Monitoring Requirements:
Parameter
Flow
Biochemical Oxygen
Demand (5-day)
Total Suspended Solids
pH
Chlorine Residual
Monitoring Frequency
Five/week
One/week
One/week
One/month
Five/week
Sample Type
Instantaneous
Grab
Grab
Grab
Grab
The monitoring shall be done after the final treatment unit and prior to storage of the treated
effluent. If the effluent is land applied directly from the treatment system, monitoring shall be
done after the final treatment unit and prior to land application. These records shall be
maintained on a monthly basis and be available at the plant site for inspection by authorized
representatives of the Commission for at least three years.
Exhibit I
Attachment number 12 \nPage 15 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
STANDARD PERMIT CONDITIONS
This permit is granted in accordance with the Texas Water Code and the rules and other Orders of the Commission and the laws
of the State of Texas.
DEFINITIONS
All definitions in Section 26.001 of the Texas Water Code and 30 TAC Chapter 305 shall apply to this permit and are
incorporated by reference. Some specific definitions of words or phrases used in this permit are as follows:
1. Flow Measurements
a. Daily average flow -the arithmetic average of all determinations of the daily flow within a period of one calendar
month. The daily average flow determination shall consist of determinations made on at least four separate days. If
instantaneous measurements are used to determine the daily flow, the determination shall be the arithmetic average of
all instantaneous measurements taken during that month. Daily average flow determination for intelmittent discharges
shall consist of a minimum of three flow determinations on days of discharge.
b. Annual average flow -the arithmetic average of all daily flow determinations taken within the preceding 12
consecutive calendar months. The annual average . flow determination shall consist of daily flow volume
determinations made by a totalizing meter, charted on a chart recorder and limited to major domestic wastewater
discharge facilities with a 1 million gallons per day or greater permitted flow.
c. Instantaneous flow -the measured flow during the minimum time required to interpret the flow measuring device.
2. Concentration Measurements
a. Daily average concentration -the arithmetic average of all effluent samples, composite or grab as required by this
permit, within a period of one calendar month, consisting of at least four separate representative measurements.
1. For domestic wastewater treatment plants -When four samples are not available in a calendar month, the
arithmetic average (weighted by flow) of all values in the previous four consecutive month period consisting of at
least four measurements shall be utilized as the daily average concentration.
11. F or all other wastewater treatment plants -When four samples are not available in a calender month, the arithmetic
average (weighted by flow) of all values taken during the month shall be utilized as the daily average
concentration. .
b. 7-day average concentration -the arithmetic average of all effluent samples, composite or grab as required by this
permit, within a period of one calendar week, Sunday through Saturday.
c. Daily maximum concentration -the maximum concentration measured on a single day, by the sample type specified in
the permit, within a period of one calender month.
3. Sample Type
a. Composite sample -For domestic wastewater, a composite sample is a sample made up of a minimum of three effluent
portions collected in a continuous 24-hour period or during the period of daily discharge if less than 24 hours, and
combined in volumes proportional to flow, and collected at the intervals required by 30 TAC § 319.9 (a). For industrial
wastewater, a composite sample is a sample made up of a minimum of three effluent portions collected in a continuous
24-hour period or during the period of daily discharge if less than 24 hours, and combined in volumes proportional to
flow, and collected at the intervals required by 30 TAC § 319.9 (b).
b. Grab sample -an individual sample collected in less than 15 minutes.
4. Treatment Facility (facility) -wastewater facilities used in the conveyance, storage, treatment, recycling, reclamation
and/or disposal of domestic sewage, industrial wastes, agricultural wastes, recreational wastes, or other wastes including
sludge handling or disposal facilities under the jurisdiction of the Commission.
Page 3
Exhibit I
Attachment number 12 \nPage 16 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
5. The term "sewage sludge" is defined as solid, semi-solid, or liquid residue generated during the treatment of domestic
sewage in 30 TAC Chapter 312. This includes the solids which have not been classified as hazardous waste separated
from wastewater by unit processes.
6. Bypass -the intentional diversion of a waste stream from any portion of a treatment facility.
MONITORING REQUIREMENTS
1. Monitoring Requirements
Monitoring results shall be collected ;:tt the intervals specified in the permit. Unless otherwise specified in this permit or
otherwise ordered by the Commission, the permittee shall conduct effluent sampling in accordance with 30 TAC §§ 319.4 -
319.12.
As provided by state law, the permittee is subject to administrative, civil and criminal penalties, as applicable, for
negligently or knowingly violating the Texas Water Code, Chapters 26, 27, and 28, and Texas Health and Safety Code,
Chapter 361, including but not limited to knowingly making any false statement, representation, or certification on any
report, record or other document submitted or required to be maintained under this permit, including monitoring reports,
records or reports of compliance or noncompliance, or falsifying, tampering with or knowingly rendering inaccurate any
monitoring device or method required by this permit or violating any other requirement imposed by state or federal
regulations.
2. Test Procedures
a. Unless otherwise specified in this permit, test procedures for the analysis of pollutants shall comply with procedures
specified in 30 TAC §§ 319.11 -319.12. Measurements, tests and calculations shall be accurately accomplished in a
representative manner.
b. All laboratory tests submitted to demonstrate compliance with this permit must meet the requirements of 30 TAC
Chapter 25, Environmental Testing Laboratory Accreditation and Certification.
3. Records of Results
a. Monitoring samples and measurements shall be taken at times and in a manner so as to be representative of the
monitored activity.
b. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and
disposal activities, which shall be retained for a period of at least five years, monitoring and reporting records,
including strip charts and records of calibration and maintenance, copies of all records required by this permit, and
records of all data used to complete the application for this permit shall be retained at the facility site, or shall be
readily available for review by a TCEQ representative for a period of three years from the date of the record or sample,
measurement, report, or application. This period shall be extended at the request of the Executive Director.
c. Records of monitoring activities shall include the following:
i. date, time and place of sample or measurement;
ii. identity of individual who collected the sample or made the measurement.
iii. date and time of analysis;
iv. identity of the individual and laboratory who performed the analysis;
v. the technique or method of analysis; and
vi. the results of the analysis or measurement and quality assurance/quality control records.
The period during which records are required to be kept shall be automatically extended to the date of the final disposition
of any administrative or judicial enforcement action that may be instituted against the permittee.
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit
using approved analytical methods as specified above, all results of such monitoring shall be included in determining
compliance with permit requirements.
Page 4
Exhibit I
Attachment number 12 \nPage 17 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
5. Calibration of Instruments
All automatic flow measuring or recording devices and all totalizing meters for measuring flows shall be accurately
calibrated by a trained person at plant start-up and as often thereafter as necessary to ensure accuracy, but not less often
than annually unless authorized by the Executive Director for a longer period. Such person shall verify in writing that the
device is operating properly and giving accurate results. Copies of the verification shall be retained at the facility site
and/or shall be readily available for review by a TCEQ representative for a period of three years.
6. Compliance Schedule Reports
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any
compliance schedule of the permit shall be submitted no later than 14 days following each schedule date to the Regional
Office and the Enforcement Division (MC 224).
7. Noncompliance Notification
a. In accordance with 30 TAC § 305.125(9), any noncompliance which may endanger human health or safety, or the
environment shall be reported by the permittee to the TCEQ. Report of such information shall be provided orally or by
facsimile transmission (FAX) to the Regional Office within 24 hours of becoming aware of the noncompliance. A
written submission of such information shall also be provided by the permittee to the Regional Office and the
Enforcement Division (MC 224) within five working days of becoming aware of the noncompliance. The written
submission shall contain a description of the noncompliance and its cause; the potential danger to human health or
safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not
been corrected, the time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance, and to mitigate its adverse effects.
b. The following violations shall be reported tmder Monitoring and Reporting Requirement 7.a.:
1. Unauthorized discharges as defined in Permit Condition 2(g).
ii. Any unanticipated bypass which exceeds any effluent limitation in the permit.
c. In addition to the above, any effluent violation which deviates from the permitted effluent limitation by more than 40%
shall be reported by the permittee in writing to the Regional Office and the Enforcement Division (MC 224) within 5
working days of becoming aware of the noncompliance.
d. Any noncompliance other than that specified in this section, or any required information not submitted or submitted
incorrectly, shall be reported to the Enforcement Division (MC 224) as promptly as possible.
8. In accordance with the procedures described in 30 TAC §§ 35.301 -35.303 (relating to Water Quality Emergency and
Temporary Orders) if the permittee knows in advance of the need for a bypass, it shall submit prior notice by applying for
such authorization.
9. Changes in Discharges of Toxic Substances
All existing manufacturing, commercial, mining, and silvicultural permittees shall notify the Regional Office, orally or by
facsimile transmission within 24 hours, and both the Regional Office and the Enforcement Division (MC 224) in writing
within five (5) working days, after becoming aware of or having reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any
toxic pollutant listed at 40 CFR Part 122, Appendix D, Tables II and III (excluding Total Phenols) which is not limited
in the permit, if that discharge will exceed the highest of the following "notification levels":
Page 5
1. One hundred micrograms per liter (100 flg/L);
ii. Two hundred micrograms per liter (200 /lg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 /lg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
iii. Five (5) times the maximum concentration value reported for that pollutant in the permit application; or
iv. The level established by the TCEQ.
Exhibit I
Attachment number 12 \nPage 18 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
b. That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of
a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels":
i. Five hundred micrograms per liter (500 p,g/L);
ii. One milligram per liter (1 mg/L) for antimony;
iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit application; or
iv. The level established by the TCEQ.
10. Signatories to Reports
All reports and other information requested by the Executive Director shall be signed by the person and in the manner
required by 30 TAC § 305.128 (relating to Signatories to Reports).
PERMIT CONDITIONS
1. General
a. When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in an application or in any report to the Executive Director, it shall promptly submit such facts or
information.
b. This permit is granted on the basis of the information supplied and representations made by the permittee during action
on an application, and relying upon the accuracy and completeness of that information and those representations. After
notice and opportunity for a hearing, this permit may be modified, suspended, or revoked, in whole or in part, in
accordance with 30 TAC Chapter 305, Subchapter D, during its term for good cause including, but not limited to, the
following:
1. Violation of any terms or conditions of this permit;
ii. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or
iii. A change in any condition that requires either a temporary or permanent reduction or elimination of the
authorized discharge.
c. The permittee shall furnish to the Executive Director, upon request and within a reasonable time, any information to
determine whether cause exists for amending, revoking, suspending or terminating the permit. The permittee shall also
furnish to the Executive Director, upon request, copies of records required to be kept by the permit.
2. Compliance
a. Acceptance of the permit by the person to whom it is issued constitutes acknowledgment and agreement that such
person will comply with all the terms and conditions embodied in the permit, and the rules and other orders of the
Commission.
b. The permittee has a duty to comply with all conditions of the permit. Failure to comply with any permit condition
constitutes a violation of the permit and the Texas Water Code or the Texas Health and Safety Code, and is grounds for
enforcement action, for permit amendment, revocation or suspension, or for denial of a permit renewal application or
an application for a permit for another facility.
c. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the cDnditions of the permit.
d. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal or other
permit violation which has a reasonable likelihood of adversely affecting human health or the environment.
e. Authorization from the Commission is required before beginning any change in the permitted facility or activity that
may result in noncompliance with any permit requirements.
f. A permit may be amended, suspended and reissued, or revoked for cause in accordance with 30 TAC §§ 305.62 and
305.66 and Texas Water Code Section 7.302. The filing of a request by the permittee for a permit amendment,
Page 6
Exhibit I
Attachment number 12 \nPage 19 of 72
Item # L
City of Georgetown Permit No. WQOOl4232001
suspension and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
g. There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of this permit, an
unauthorized discharge is considered to be any discharge of wastewater into or adjacent to water in the state at any
location not permitted as an outfall or otherwise defined in the Special Provisions section of this permit.
h. The permittee is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code §§ 7.051
-7.075 (relating to Administrative Penalties), 7.101 -7.111 (relating to Civil Penalties), and 7.141 -7.202 (relating to
Criminal Offenses and Penalties).
3. Inspections and Entry
a. Inspection and entry shall be allowed as prescribed in the Texas Water Code Chapters 26, 27, and 28, and Texas Health
and Safety Code Chapter 361.
b. The members of the Commission and employees and agents of the Commission are entitled to enter any public or
private property at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality
of water in the state or the compliance with any rule, regulation, permit or other order of the Commission. Members,
employees, or agents of the Commission and Commission contractors are entitled to enter public or private property at
any reasonable time to investigate or monitor or, if the responsible party is not responsive or there is an immediate
danger to public health or the environment, to remove or remediate a condition related to the quality of water in the
state. Members, employees, Commission contractors, or agents acting under this authority who enter private property
shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection, and if
the property has management in residence, shall notify management or the person then in charge of his presence and
shall exhibit proper credentials. If any member, employee, Commission contractor, or agent is refused the right to enter
in or on public or private property under this authority, the Executive Director may invoke the remedies authorized in
Texas Water Code Section 7.002. The statement above, that Commission entry shall occur in accordance with an
establishment's rules and regulations concerning safety, internal security, and fire protection, is not grounds for denial
or restriction of entry to any part of the facility, but merely describes the Commission's duty to observe appropriate
rules and regulations during an inspection.
4. Permit Amendment and/or Renewal
a. The permittee shall give notice to the Executive Director as soon as possible of any planned physical alterations or
additions to the permitted facility if such alterations or additions would require a permit amendment or result in a
violation of permit requirements. Notice shall also be required under this paragraph when:
i. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.
This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to
notification requirements in Monitoring and Reporting Requirements No.9;
ii. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and
such alteration, addition, or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
b. Prior to any facility modifications, additions, or expansions that will increase the plant capacity beyond the permitted
flow, the permittee must apply for and obtain proper authorization from the Commission before commencing
construction.
c. The permittee must apply for an amendment or renewal at least 180 days prior to expiration of the existing permit in
order to continue a permitted activity after the expiration date of the permit. If an application is submitted prior to the
expiration date of the permit, the existing permit shall remain in effect until the application is approved, denied, or
returned. If the application is returned or denied, authorization to continue such activity shall terminate upon the
effective date of the action. If an application is not submitted prior to the expiration date of the permit, the permit shall
expire and authorization to continue such activity shall terminate.
d. Prior to accepting or generating wastes which are not described in the permit application or which would result in a
significant change in the quantity or quality of the existing discharge, the permittee must report the proposed changes to
the Commission. The permittee must apply for a permit amendment reflecting any necessary changes in permit
conditions, including effluent limitations for pollutants not identified and limited by this permit.
Page 7
Exhibit I
Attachment number 12 \nPage 20 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
e. In accordance with the Texas Water Code § 26.029(b), after a public hearing, notice of which shall be given to the
permittee, the Commission may require the permittee, from time to time, for good cause, in accordance with applicable
laws, to conform to new or additional conditions.
5. Permit Transfer
a. Prior to any transfer of this pelmit, Commission approval must be obtained. The Commission shall be notified in
writing of any change in control or ownership of facilities authorized by this permit. Such notification should be sent
to the Applications Review and Processing Team (MC 148) of the Water Quality Division.
b. A permit may be transferred only according to the provisions of 30 TAC § 305.64 (relating to Transfer of Permits) and
30 TAC § 50.133 (relating to Executive Director Action on Application or WQMP update).
6. Relationship to Hazardous Waste Activities
This permit does not authorize any activity of hazardous waste storage, processing, or disposal which requires a permit or
other authorization pursuant to the Texas Health and Safety Code.
7. Property Rights
A permit does not convey any property rights of any sort, or any exclusive privilege.
8. Permit Enforceability
The conditions of this permit are severable, and if any provision of this permit, or the application of any provision of this
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
9. Relationship to Permit Application
The application pursuant to which the permit has been issued is incorporated herein; provided, however, that in the event
of a conflict between the provisions of this permit and the application, the provisions of the permit shall control.
10. Notice of Bankruptcy.
a. Each permittee shall notify the Executive Director, in writing, immediately following the filing of a voluntary or
involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code (11 USC) by
or against:
i. the permittee;
ii. an entity (as that term is defined in 11 USC, § 101 (14)) controlling the permittee or listing the permit or permittee
as property of the estate; or
iii. an affiliate (as that term is defined in 11 USC, § 101(2)) of the permittee.
b. This notification must indicate:
i. the name of the permittee;
ii. the permit number(s);
iii. the bankruptcy court in which the petition for bankruptcy was filed; and
IV. the date of filing of the petition.
OPERATIONAL REQUIREMENTS
1. The permittee shall at all times ensure that the facility and all of its systems of collection, treatment, and disposal are
properly operated and maintained. This includes, but is not limited to, the regular, periodic examination of wastewater
solids within the treatment plant by the operator in order to maintain an appropriate quantity and quality of solids
inventory as described in the various operator training manuals and according to accepted industry standards for process
control. Process control, maintenance, and operations records shall be retained at the facility site, or shall be readily
available for review by a TCEQ representative, for a period of three years.
Page 8
Exhibit I
Attachment number 12 \nPage 21 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
2. Upon request by the Executive Director, the permittee shall take appropriate samples and provide proper analysis in order
to demonstrate compliance with Commission rules. Unless otherwise specified in this permit or otherwise ordered by the
Commission, the permittee shall comply with all applicable provisions of 30 TAC Chapter 312 concerning sewage sludge
use and disposal and 30 TAC §§ 319.21 -319.29 concerning the discharge of certain hazardous metals.
3. Domestic wastewater treatment facilities shall comply with the following provisions:
a. The permittee shall notify the Municipal Permits Team, Wastewater Permitting Section (MC 148) of the Water Quality
Division, in writing, of any facility expansion at least 90 days prior to conducting such activity.
b. The permittee shall submit a closure plan for review and approval to the Municipal Permits Team, Wastewater
Permitting Section (MC 148) of the Water Quality Division, for any closure activity at least 90 days prior to conducting
such activity. Closure is the act of permanently taking a waste management unit or treatment facility out of service and
includes the permanent removal from service of any pit, tank, pond, lagoon, surface impoundment and/or other
treatment unit regulated by this permit.
4. The permittee is responsible for installing prior to plant start-up, and subsequently maintaining, adequate safeguards to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate
power sources, standby generators, and/or retention of inadequately treated wastewater.
5. Unless otherwise specified, the permittee shall provide a readily accessible sampling point and, where applicable, an
effluent flow measuring device or other acceptable means by which effluent flow may be determined.
6. The permittee shall remit an annual water quality fee to the Commission as required by 30 TAC Chapter 21. Failure to pay
the fee may result in revocation of this permit under Texas Water Code § 7 .302(b)( 6).
7. Documentation
For all written notifications to the Commission required of the permittee by this permit, the permittee shall keep and make
available a copy of each such notification under the same conditions as self-monitoring data are required to be kept and
made available. Except for information specified as not confidential in 30 TAC § 1.5( d), any information submitted
pursuant to this permit may be claimed as confidential by the submitter. Any such claim must be asserted in the manner
prescribed in the application form or by stamping the words "confidential business information" on each page containing
such information. If no claim is made at the time of submission, information may be made available to the public without
further notice. If the Commission or Executive Director agrees with the designation of confidentiality, the TCEQ will not
provide the information for public inspection unless required by the Texas Attorney General or a court pursuant to an open
records request. If the Executive Director does not agree with the designation of confidentiality, the person submitting the
information will be notified.
8. Facilities which generate domestic wastewater shall comply with the following provisions; domestic wastewater treatment
facilities at permitted industrial sites are excluded.
a. Whenever flow measurements for any domestic sewage treatment facility reach 75 percent of the permitted daily
average or annual average flow for three consecutive months, the permittee must initiate engineering and financial
planning for expansion and/or upgrading of the domestic wastewater treatment and/or collection facilities. Whenever
the flow reaches 90 percent of the permitted daily average or annual average flow for three consecutive months, the
permittee shall obtain necessary authorization from the Commission to commence construction of the necessary
additional treatment and/or collection facilities. In the case of a domestic wastewater treatment facility which reaches
75 percent of the permitted daily average or annual average flow for three consecutive months, and the planned
population to be served or the quantity of waste produced is not expected to exceed the design limitations of the
treatment facility, the permittee shall submit an engineering report supporting this claim to the Executive Director of
the Commission.
If in the judgement of the Executive Director the population to be served will not cause permit noncompliance, then the
requirement of this section may be waived. To be effective, any waiver must be in writing and signed by the Director
of the Enforcement Division (MC 149) of the Commission, and such waiver of these requirements will be reviewed
upon expiration of the existing permit; however, any such waiver shall not be interpreted as condoning or excusing any
violation of any permit parameter.
b. The plans and specifications for domestic sewage collection and treatment works associated with any domestic permit
Page 9
Exhibit I
Attachment number 12 \nPage 22 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
must be approved by the Commission, and failure to secure approval before commencing construction of such works or
making a discharge is a violation of this permit and each day is an additional violation until approval has been secured.
c. Permits for domestic wastewater treatment plants are granted subject to the policy of the Commission to encourage the
development of area-wide waste collection, treatment and disposal systems. The Commission reserves the right to
amend any domestic wastewater permit in accordance with applicable procedural requirements to require the system
covered by this permit to be integrated into an area-wide system, should such be developed; to require the delivery of
the wastes authorized to be collected in, treated by or discharged from said system, to such area-wide system; or to
amend this permit in any other particular to effectuate the Commission's policy. Such amendments may be made when
the changes required are advisable for water quality control purposes and are feasible on the basis of waste treatment
technology, engineering, financial, and related considerations existing at the time the changes are required, exclusive of
the loss of investment in or revenues from any then existing or proposed waste collection, treatment or disposal system.
9. Domestic wastewater treatment plants shall be operated and maintained by sewage plant operators holding a valid
certificate of competency at the required level as defined in 30 TAC Chapter 30.
10. Facilities which generate industrial solid waste as defined in 30 TAC § 335.1 shall comply with these provisions:
a. Any solid waste, as defined in 30 TAC § 335.1 (including but not limited to such wastes as garbage, refuse, sludge
from a waste treatment, water supply treatment plant or air pollution control facility, discarded materials, discarded
materials to be recycled, whether the waste is solid, liquid, or semisolid), generated by the permittee during the
management and treatment of wastewater, must be managed in accordance with all applicable provisions of 30 TAC
Chapter 335, relating to Industrial Solid Waste Management.
b. Industrial wastewater that is being collected, accumulated, stored, or processed before discharge through any final
discharge outfall, specified by this permit, is considered to be industrial solid waste until the wastewater passes through
the actual point source discharge and must be managed in accordance with all applicable provisions of 30 TAC Chapter
335.
c. The permittee shall provide written notification, pursuant to the requirements of 30 TAC § 335.8(b)(1), to the
Environmental Cleanup Section (MC 127) of the Remediation Division informing the Commission of any closure
activity involving an Industrial Solid Waste Management Unit, at least 90 days prior to conducting such an activity.
d. Construction of any industrial solid waste management unit requires the prior written notification of the proposed
activity to the Registration and Reporting Section (MC 129) of the Permitting and Remediation Support Division. No
person shall dispose of industrial solid waste, including sludge or other solids from wastewater treatment processes,
prior to fulfilling the deed recordation requirements of 30 TAC § 335.5.
e. The term "industrial solid waste management unit" means a landfill, surface impoundment, waste-pile, industrial
furnace, incinerator, cement kiln, injection well, container, drum, salt dome waste containment cavern, or any other
structure vessel, appurtenance, or other improvement on land used to manage industrial solid waste.
f. The permittee shall keep management records for all sludge (or other waste) removed from any wastewater treatment
process. These records shall fulfill all applicable requirements of 30 TAC Chapter 335 and must include the following,
as it pertains to wastewater treatment and discharge:
1. Volume of waste and date(s) generated from treatment process;
11. Volume of waste disposed of on-site or shipped off-site;
iii. Date(s) of disposal;
iv. Identity of hauler or transporter;
v. Location of disposal site; and
vi. Method of final disposal.
The above records shall be maintained on a monthly basis. The records shall be retained at the facility site, or shall be
readily available for review by authorized representatives of the TCEQ for at least five years.
11. For industrial facilities to which the requirements of 30 TAC Chapter 335 do not apply, sludge and solid wastes, including
tank cleaning and contaminated solids for disposal, shall be disposed of in accordance with Chapter 361 of the Texas
Health and Safety Code.
TCEQ Revision 06/2008
Page 10
Exhibit I
Attachment number 12 \nPage 23 of 72
Item # L
City of Georgetown Permit No. WQOOI423200I
SLUDGE PROVISIONS
The permittee is authorized to dispose of sludge only at a Texas Commission on Environmental Quality (TCEQ) authorized
land application site or co-disposal landfill. The disposal of sludge by land application on property owned, leased or
under the direct control of the permittee is a violation of the permit unless the site is authorized by the TCEQ. This
provision does not authorize Distribution and Marketing of sludge. This provision does not authorize land application
of Class A Sludge. This provision does not authorize the permittee to land apply sludge on property owned, leased or
under the direct control of the permittee.
SECTION I. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE LAND APPLICATION
A. General Requirements
1. The permittee shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 312 and all other
applicable state and federal regulations in a manner which protects public health and the environment from any
reasonably anticipated adverse effects due to any toxic pollutants which may be present in the sludge.
2. In all cases, if the person (permit holder) who prepares the sewage sludge supplies the sewage sludge to another
person for land application use or to the owner or lease holder of the land, the permit holder shall provide necessary
information to the parties who receive the sludge to assure compliance with these regulations.
3. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting Section
(MC 148) of the Water Quality Division of any change planned in the sewage sludge disposal practice.
B. Testing Requirements
1. Sewage sludge shall be tested once during the term of this permit in accordance with the method specified in both 40
CFR Part 261, Appendix II and 40 CFR Part 268, Appendix I [Toxicity Characteristic Leaching Procedure (TCLP)l or
other method, which receives the prior approval of the TCEQ for the contaminants listed in Table 1 of 40 CFR Section
261.24. Sewage sludge failing this test shall be managed according to RCRA standards for generators of hazardous
waste, and the waste's disposition must be in accordance with all applicable requirements for hazardous' waste
processing, storage, or disposal. Following failure of any TCLP test, the management or disposal of sewage sludge at
a facility other than an authorized hazardous waste processing, storage, or disposal facility shall be prohibited until
such time as the permittee can demonstrate the sewage sludge no longer exhibits the hazardous waste toxicity
characteristics (as demonstrated by the results of the TCLP tests). A written report shall be provided to both the TCEQ
Registration and Reporting Section (MC 129) of the Permitting and Remediation Support Division and the Regional
Director (MC Region 11) within 7 days after failing the TCLP Test.
Page 11
The report shall contain test results, certification that unauthorized waste management has stopped and a summary of
alternative disposal plans that comply with RCRA standards for the management of hazardous waste. The report shall
be addressed to: Director, Permitting and Remediation Support Division (MC 129), Texas Commission on
Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087. In addition, the permittee shall prepare an annual
report on the results of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office
(Me Region 11) and the Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by
September 1 of each year.
Exhibit I
Attachment number 12 \nPage 24 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
2. Sewage sludge shall not be applied to the land if the concentration of the pollutants exceed the pollutant concentration
criteria in Table 1. The frequency of testing for pollutants in Table 1 is found in Section I.C.
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
PCBs
Selenium
Zinc
* Dry weight basis
TABLE 1
Ceiling Concentration
(Milligrams per kilogram)*
75
85
3000
4300
840
57
75
420
49
100
7500
3. Pathogen Control
Page 12
All sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall be treated
by one of the following methods to ensure that the sludge meets either the Class A or Class B pathogen requirements.
a. Six alternatives are available to demonstrate compliance with Class A sewage sludge. The first 4 options require
either the density of fecal coliform in the sewage sludge be less than 1000 Most Probable Number (MPN) per
gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the sewage sludge be less than
three MPN per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed.
Below are the additional requirements necessary to meet the definition of a Class A sludge.
Alternative 1 -The temperature of the sewage sludge that is used or disposed shall be maintained at or above a
specific value for a period oftime. See 30 TAC Section 312.82(a)(2)(A) for specific information.
Alternative 2 -The pH of the sewage sludge that is used or disposed shall be raised to above 12 std. units and
shall remain above 12 std. units for 72 hours.
The temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period
that the pH of the sewage sludge is above 12 std. units.
At the end of the 72-hour period during which the pH of the sewage sludge is above 12 std. units, the sewage
sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50 percent.
Alternative 3 -The sewage sludge shall be analyzed for enteric viruses prior to pathogen treatment. The limit for
enteric viruses is less than one Plaque-forming Unit per four grams of total solids (dry weight basis) either before
or following pathogen treatment. See 30 TAC Section 312.82(a)(2)(C)(i-iii) for specific information. The sewage
sludge shall be analyzed for viable helminth ova prior to pathogen treatment. The limit for viable helminth ova is
less than one per four grams of total solids (dry weight basis) either before or following pathogen treatment. See
30 TAC Section 312.82(a)(2)(C)(iv-vi) for specific information.
Alternative 4 -The density of enteric viruses in the sewage sludge shall be less than one Plaque-forming Unit per
four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed. The density of
viable helminth ova in the sewage sludge shall be less than one per four grams of total solids (dry weight basis) at
the time the sewage sludge is used or disposed.
Alternative 5 (PFRP) -Sewage sludge that is used or disposed of shall be treated in one of the processes to
Further Reduce Pathogens (PFRP) described in 40 CFR Part 503, Appendix B. PFRP include composting, heat
drying, heat treatment, and thermophilic aerobic digestion.
Alternative 6 (PFRP Equivalent) -Sewage sludge that is used or disposed of shall be treated in a process that has
been approved by the U. S. Environmental Protection Agency as being equivalent to those in Alternative 5.
Exhibit I
Attachment number 12 \nPage 25 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
Page 13
Alternative 1 -
i. A minimum of seven random samples of the sewage sludge shall be collected within 48 hours of the time the
sewage sludge is used or disposed of during each monitoring episode for the sewage sludge.
11. The geometric mean of the density of fecal coliform in the samples collected shall be less than either
2,000,000 MPN per gram of total solids (dry weight basis) or 2,000,000 Colony Forming Units per gram of
total solids (dry weight basis).
Alternative 2 -Sewage sludge that is used or disposed of shall be treated in one of the Processes to Significantly
Reduce Pathogens (PSRP) described in 40 CFR Part 503, Appendix B, so long as all of the following requirements are
met by the generator of the sewage sludge.
i. Prior to use or disposal, all the sewage sludge must have been generated from a single location, except as
provided in paragraph v. below;
11. An independent Texas Licensed Professional Engineer must make a certification to the generator of a sewage
sludge that the wastewater treatment facility generating the sewage sludge is designed to achieve one of the
PSRP at the permitted design loading of the facility. The certification need only be repeated if the design
loading of the facility is increased. The certification shall include a statement indicating the design meets all
the applicable standards specified in Appendix B of 40 CFR Part 503;
iii. Prior to any off-site transportation or on-site use or disposal of any sewage sludge generated at a wastewater
treatment facility, the chief certified operator of the wastewater treatment facility or other responsible official
who manages the processes to significantly reduce pathogens at the wastewater treatment facility for the
permittee, shall certify that the sewage, sludge underwent at least the minimum operational requirements
necessary in order to meet one of the PSRP. The acceptable processes and the minimum operational and
record keeping requirements shall be in accordance with established U. S. Environmental Protection Agency
final guidance;
iv. All certification records and operational records describing how the requirements of this paragraph were met
shall be kept by the generator for a minimum of three years and be available for inspection by commission
staff for review; and
v. If the sewage sludge is generated from a mixture of sources, resulting from a person who prepares sewage
sludge from mote than one wastewater treatment facility, the resulting derived product shall meet one of the
PSRP, and shall meet the certification, operation, and record keeping requirements of this paragraph.
Alternative 3 -Sewage sludge shall be treated in an equivalent process that has been approved by the U. S.
Environmental Protection Agency, so long as all of the following requirements are met by the generator of the sewage
sludge.
i. Prior to use or disposal, all the sewage sludge must have been generated from a single location, except as
provided in paragraph v. below;
ii. Prior to any off-site transportation or on-site use or disposal of any sewage sludge generated at a wastewater
treatment facility, the chief certified operator of the wastewater treatment facility or other responsible official
who manages the processes to significantly reduce pathogens at the wastewater treatment facility for the
permittee, shall certify that the sewage sludge underwent at least the minimum operational requirements
necessary in order to meet one of the PSRP. The acceptable processes and the minimum operational and
record keeping requirements shall be in accordance with established U. S. Environmental Protection Agency
final guidance;
111. All certification records and operational records describing how the requirements of this paragraph were met
shall be kept by the generator for a minimum of three years and be available for inspection by commission
staff for review;
iv. The Executive Director will accept from the U. S. Environmental Protection Agency a finding of equivalency
to the defined PSRP; and
Exhibit I
Attachment number 12 \nPage 26 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
v. If the sewage sludge is gener?lted from a mixture of sources resulting from a person who prepares sewage
sludge from more than one wastewater treatment facility, the resulting derived product shall meet one of the
Processes to Significantly Reduce Pathogens, and shall meet the certification, operation, and record keeping
requirements of this paragraph.
In addition, the following site restrictions must be met if Class B sludge is land applied:
i. Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land
surface shall not be harvested for 14 months after application of sewage sludge.
11. Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after
application of sewage sludge when the sewage sludge remains on the land surface for 4 months or longer
prior to incorporation into the soil.
111. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after
application of sewage sludge when the sewage sludge remains on the land surface for less than 4 months
prior to incorporation into the soil.
IV. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after application of sewage sludge.
v. Animals shall not be allowed to graze on the land for 30 days after application of sewage sludge.
vi. Turf grown on land where sewage sludge is applied shall not be harvested for 1 year after application of the
sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a
lawn.
Vll. Public access to land with a high potential for public exposure shall be restricted for 1 year after application
of sewage sludge.
viii. Public access to land with a low potential for public exposure shall be restricted for 30 days after application
of sewage sludge.
ix. Land application of sludge shall be in accordance with the buffer zone requirements found in 30 TAC Section
312.44.
4. Vector Attraction Reduction Requirements
Page 14
All bulk sewage sludge that is applied to agriculhrral land, forest, a public contact site, or a reclamation site shall be
treated by one of the following alternatives 1 through 10 for Vector Attraction Reduction.
Alternative 1 -The mass of volatile solids in the sewage sludge shall be reduced by a minimum of38 percent.
Alternative 2 -If Alternative 1 cannot be met for an anaerobically digested sludge, demonstration can be made by
digesting a portion of the previously digested sludge anaerobically in the laboratory in a bench-scale unit for 40
additional days at a temperature between 30 and 37 degrees Celsius. Volatile solids must be reduced by less than 17
percent to demonstrate compliance.
Alternative 3 -If Alternative 1 cannot be met for an aerobically digested sludge, demonstration can be made by
digesting a portion of the previously digested sludge with a percent solids of two percent or less aerobically in the
laboratory in a bench-scale unit for 30 additional days at 20 degrees Celsius. Volatile solids must be reduced by less
than 15 percent to demonstrate compliance.
Alternative 4 -The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal
to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20
degrees Celsius.
Alternative 5 -Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the
temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage
sludge shall be higher than 45 degrees Celsius.
Exhibit I
Attachment number 12 \nPage 27 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
Alternative 6 -The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of
more alkali shall remain at 12 or higher for two hours and then remain at a pH of 11.5 or higher for an additional 22
hours at the time the sewage sludge is prepared for sale or given away in a bag or other container.
Alternative 7 -The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary
wastewater treatment process shall be equal to or greater than 75 percent based on the moisture content and total
solids prior to mixing with other materials. Unstabilized solids are defined as organic materials in sewage sludge that
have not been treated in either an aerobic or anaerobic treatment process.
Alternative 8 -The percent solids of sewage sludge that contains unstabilized solids generated in a primary
wastewater treatment process shall be equal to or greater than 90 percent based on the moisture content and total
solids prior to mixing with other materials at the time the sludge is used. Unstabilized solids are defmed as organic
materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process.
Alternative 9 -
i. Sewage sludge shall be injected below the surface of the land.
ii. No significant amount of the sewage sludge shall be present on the land surface within one hour after the
sewage sludge is injected.
iii. When sewage sludge that is injected below the surface of the land is Class A with respect to pathogens, the
sewage sludge shall be injected below the land surface within eight hours after being discharged from the
pathogen treatment process.
Alternative 10-
i. Sewage sludge applied to the land surface or placed on a surface disposal site shall be incorporated into the
soil within six hours after application to or placement on the land.
ii. When sewage sludge that is incorporated into the soil is Class A with respect to pathogens, the sewage sludge
shall be applied to or placed on the land within eight hours after being discharged from the pathogen
treatment process.
C. Monitoring Requirements
Page 15
Toxicity Characteristic Leaching Procedure (TCLP) Test -once during the term of this permit
PCBs -once during the term of this permit
All metal constituents and fecal coliform or Salmonella sp. bacteria shall be monitored at the appropriate frequency
shown below, pursuant to 30 TAC § 312.46(a)(1):
Amount of sewage sludge (*)
metric tons per 365-day period
o to less than 290
290 to less than 1,500
1,500 to less than 15,000
15,000 or greater
Monitoring Frequency
Once/Year
Once/Quarter
Once/Two Months
Once/Month
(*) The amount of bulk sewage sludge applied to the land (dry weight
basis).
Representative samples of sewage sludge shall be collected and analyzed in accordance with the methods referenced
in 30 TAC § 312.7
Exhibit I
Attachment number 12 \nPage 28 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
SECTION II. REQUIREMENTS SPECIFIC TO BULK SEWAGE SLUDGE FOR APPLICATION TO THE LAND
MEETING CLASS A or B PATHOGEN REDUCTION AND THE CUMULATIVE LOADING RATES
IN TABLE 2, OR CLASS B PATHOGEN REDUCTION AND THE POLLUTANT
CONCENTRATIONS IN TABLE 3
For those permittees meeting Class A or B pathogen reduction requirements and that meet the cumulative loading rates in
Table 2 below, or the Class B pathogen reduction requirements and contain concentrations of pollutants below listed in
Table 3, the following conditions apply:
A. Pollutant Limits
B. Pathogen Control
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Table 2
Table 3
Cumulative Pollutant Loading Rate
(pounds per acre)*
36
35
2677
1339
268
15
Report Only
375
89
2500
Monthly Average Concentration
(milligrams per kilogram) *
41
39
1200
1500
300
17
Report Only
420
36
2800
*Dry weight basis
All bulk sewage sludge that is applied to agricultural land, forest, a public contact site, a reclamation site, shall be treated
by either Class A or Class B pathogen reduction requirements as defined above in Section LB.3.
C. Management Practices
1. Bulk sewage sludge shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is
flooded, frozen, or snow-covered so that the bulk sewage sludge enters a wetland or other waters in the State.
2. Bulk sewage sludge not meeting Class A requirements shall be land applied in a manner which complies with the
Management Requirements in accordance with 30 TAC Section 312.44.
3. Bulk sewage sludge shall be applied at or below the agronomic rate of the cover crop.
Page 16
Exhibit I
Attachment number 12 \nPage 29 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
4. An information sheet shall be provided to the person who receives bulk sewage sludge sold or given away. The
information sheet shall contain the following information:
a. The name and address of the person who prepared the sewage sludge that is sold or given away in a bag or other
container for application to the land.
b. A statement that application of the sewage sludge to the land is prohibited except in accordance with the
instruction on the label or information sheet.
c. The annual whole sludge application rate for the sewage sludge application rate for the sewage sludge that does
not cause any of the cumulative pollutant loading rates in Table 2 above to be exceeded, unless the pollutant
concentrations in Table 3 fOlmd in Section II above are met.
D. Notification Requirements
1. If bulk sewage sludge is applied to land in a State other than Texas, written notice shall be provided prior to the initial
land application to the permitting authority for the State in which the bulk sewage sludge is proposed to be applied.
The notice shall include:
a. The location, by street address, and specific latitude and longitude, of each land application site.
b. The approximate time period bulk sewage sludge will be applied to the site.
c. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if
appropriate) for the person who will apply the bulk sewage sludge.
2. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting Section
(Me 148) of the Water Quality Division of any change planned in the sewage sludge disposal practice.
E. Record keeping Requirements
The sludge documents will be retained at the facility site and/or shall be readily available for review by a TCEQ
representative. The person who prepares bulk sewage sludge or a sewage sludge material shall develop the following
information and shall retain the information at the facility site and/or shall be readily available for review by a TCEQ
representative for a period of five years. If the permittee supplies the sludge to another person who land applies the
sludge, the permittee shall notify the land applier of the requirements for record keeping found in 30 TAC Section 312.47
for persons who land apply.
1. The concentration (mg/kg) in the sludge of each pollutant listed in Table 3 above and the applicable pollutant
concentration criteria (mg/kg), or the applicable cumulative pollutant loading rate and the applicable cumulative
pollutant loading rate limit (lbs/ac) listed in Table 2 above.
2. A description of how the pathogen reduction requirements are met (including site restrictions for Class B sludges, if
applicable).
3. A description of how the vector attraction reduction requirements are met.
4. A description of how the management practices listed above in Section ILC are being met.
5. The following certification statement:
Page 17
"I certify, under penalty of law, that the applicable pathogen requirements in 30 TAC Section 312.82(a) or (b) and the
vector attraction reduction requirements in 30 TAC Section 312.83(b) have been met for each site on which bulk
sewage sludge is applied. This determination has been made under my direction and supervision in accordance with
the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine
that the management practices have been met. I am aware that there are significant penalties for false certification
including fine and imprisonment."
Exhibit I
Attachment number 12 \nPage 30 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
6. The recommended agronomic loading rate from the references listed in Section II.C.3. above, as well as the actual
agronomic loading rate shall be retained.
The person who applies bulk sewage sludge or a sewage sludge material shall develop the following information and
shall retain the information at the facility site and/or shall be readily available for review by a TCEQ representative
indefinitely. If the permittee supplies the sludge to another person who land applies the sludge, the permittee shall
notify the land applier of the requirements for record keeping found in 30 TAC Section 312.47 for persons who land
apply.
1. A certification statement that all applicable requirements (specifically listed) have been met, and that the
permittee understands that there are significant penalties for false certification including fine and imprisonment.
See 30 TAC Section 312.47(a)(4)(A)(ii) or 30 TAC Section 312.47(a)(S)(A)(ii), as applicable, and to the
permittee's specific sludge treatment activities.
2. The location, by street address, and specific latitude and longitude, of each site on which sludge is applied.
3. The number of acres in each site on which bulk sludge is applied.
4. The date and time sludge is applied to each site.
5. The cumulative amount of each pollutant in pounds/acre listed in Table 2 applied to each site.
6. The total amount of sludge applied to each site in dry tons.
The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas
Commission on Environmental Quality upon request.
F. Reporting Requirements
The permittee shall report annually to the TCEQ Regional Office (MC Region 11) and Water Quality Compliance
Monitoring Team (MC 224) of the Enforcement Division, by September 1 of each year the following information:
1. Results of tests performed for pollutants found in either Table 2 or 3 as appropriate for the permittee's land application
practices.
2. The frequency of monitoring listed in Section I.C. which applies to the permittee.
3. Toxicity Characteristic Leaching Procedure (TCLP) results.
4. Identity ofhauler(s) and TCEQ transporter number.
S. PCB concentration in sludge in mg/kg.
6. Date(s) of disposal.
7. Owner of disposal site( s).
8. Texas Commission on Environmental Quality registration number, if applicable.
9. Amount of sludge disposal dry weight (lbs/acre) at each disposal site.
10. The concentration (mg/kg) in the sludge of each pollutant listed in Table 1 (defined as a monthly average) as well as
the applicable pollutant concentration criteria (mg/kg) listed in Table 3 above, or the applicable pollutant loading rate
limit (lbs/acre) listed in Table 2 above if it exceeds 90% of the limit.
11. Level of pathogen reduction achieved (Class A or Class B).
12. Alternative used as listed in Section I.B.3.(a. or b.). Alternatives describe how the pathogen reduction requirements
are met. If Class B sludge, include information on how site restrictions were met.
13. Vector attraction reduction alternative used as listed in Section I.B.4.
14. Annual sludge production in dry tons/year.
15. Amount of sludge land applied in dry tons/year.
Page 18
Exhibit I
Attachment number 12 \nPage 31 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
16. The certification statement li~ted in either 30 TAC Section 312.47(a)(4)(A)(ii) or 30 TAC Section 312.47(a)(5)(A)(ii)
as applicable to the permittee's sludge treatment activities, shall be attached to the annual reporting form.
17. When the amount of any pollutant applied to the land exceeds 90% of the cumulative pollutant loading rate for that
pollutant, as described in Table 2, the permittee shall report the following information as an attachment to the annual
reporting form.
Page 19
a. The location, by street address, and specific latitude and longitude.
b. The number of acres in each site on which bulk sewage sludge is applied.
c. The date and time bulk sewage sludge is applied to each site.
d. The cumulative amount of each pollutant (i.e., pounds/acre) listed in Table 2 in the bulk sewage sludge applied to
each site.
e. The amount of sewage sludge (i.e., dry tons) applied to each site.
The above records shall be maintained on a monthly basis and shall be made available to the Texas Commission on
Environmental Quality upon request.
Exhibit I
Attachment number 12 \nPage 32 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
SECTION III. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE DISPOSED IN A MUNICIPAL SOLJD
WASTE LANDFILL
A. The permittee shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 330 and all other applicable
state and federal regulations to protect public health and the environment from any reasonably anticipated adverse effects
due to any toxic pollutants that may be present. The permittee shall ensure that the sewage sludge meets the requirements
in 30 TAC Chapter 330 concerning the quality of the sludge disposed in a municipal solid waste landfill.
B. If the permittee generates sewage sludge and supplies that sewage sludge to the owner or operator of a Municipal Solid
Waste Landfill (MSWLF) for disposal, the permittee shall provide to the owner or operator of the MSWLF appropriate
information needed to be in compliance with the provisions of this permit.
C. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting Section (MC
148) of the Water Quality Division of any change planned in the sewage sludge disposal practice.
D. Sewage sludge shall be tested once during the term of this permit in accordance with the method specified in both 40 CFR
Part 261, Appendix II and 40 CFR Part 268, Appendix I (Toxicity Characteristic Leaching Procedure) or other method,
which receives the prior approval of the TCEQ for contaminants listed in Table 1 of 40 CFR Section 261.24. Sewage
sludge failing this test shall be managed according to RCRA standards for generators of hazardous waste, and the waste's
disposition must be in accordance with all applicable requirements for hazardous waste processing, storage, or disposal.
Following failure of any TCLP test, the management or disposal of sewage sludge at a facility other than an authorized
hazardous waste processing, storage, or disposal facility shall be prohibited until such time as the permittee can
demonstrate the sewage sludge no longer exhibits the hazardous waste toxicity characteristics (as demonstrated by the
results of the TCLP tests). A written report shall be provided to both the TCEQ Registration and Reporting Section (MC
129) of the Permitting and Remediation Support Division and the Regional Director (MC Region 11) of the appropriate
TCEQ field office within 7 days after failing the TCLP Test.
The report shall contain test results, certification that unauthorized waste management has stopped and a summary of
alternative disposal plans that comply with RCRA standards for the management of hazardous waste. The report shall be
addressed to: Director, Permitting and Remediation Support Division (MC 129), Texas Commission on Environmental
Quality, P. O. Box 13087, Austin, Texas 78711-3087. In addition, the permittee shall prepare an annual report on the results
of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office (MC Region 11) and the
Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by September 1 of each year.
E. Sewage sludge shall be tested as needed, in accordance with the requirements of 30 TAC Chapter 330.
F. Record keeping Requirements
The permittee shall develop the following information and shall retain the information for five years.
1. The description (including procedures followed and the results) of all liquid Paint Filter Tests performed.
2. The description (including procedures followed and results) of all TCLP tests performed.
The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on
Environmental Quality upon request.
Page 20
Exhibit I
Attachment number 12 \nPage 33 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
G. Reporting Requirements
The permittee shall report annually to the TCEQ Regional Office (MC Region 11) and Water Quality Compliance
Monitoring Team (M C 224) of the Enforcement Division by September 1 of each year the following information:
1. Toxicity Characteristic Leaching Procedure (TCLP) results.
2. Annual sludge production in dry tons/year.
3. Amount of sludge disposed in a municipal solid waste landfill in dry tons/year.
4. Amount of sludge transported interstate in dry tons/year.
5. A certification that the sewage sludge meets the requirements of 30 TAC Chapter 330 concerning the quality of the
sludge disposed in a municipal solid waste landfill.
6. Identity ofhauler(s) and transporter registration number.
7. Owner of disposal site(s).
8. Location of disposal site(s).
9. Date( s) of disposal.
The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on
Environmental Quality upon request.
Page 21
Exhibit I
Attachment number 12 \nPage 34 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
SPECIAL PROVISIONS:
1. This permit is granted subject to the policy of the Commission to encourage the development of areawide waste
collection, treatment and disposal systems. The Commission reserves the right to amend this permit in
accordance with applicable procedural requirements to require the system covered by this permit to be
integrated into an areawide system, should such be developed; to require the delivery of the wastes authorized
to be collected in, treated by or discharged from said system, to such areawide system; or to amend this permit
in any other particular to effectuate the Commission's policy. Such amendments may be made when the
changes required are advisable for water quality control purposes and are feasible on the basis of waste
treatment technology, engineering, financial, and related considerations existing at the time the changes are
required, exclusive of the loss of investment in or revenues from any then existing or proposed waste
collection, treatment or disposal system.
2. The permittee shall employ or contract with one or more licensed wastewater treatment facility operators or
wastewater system operations companies holding a valid license or registration according to the requirements
of 30 TAC Chapter 30, Occupational Licenses and Registrations and in particular 30 TAC Chapter 30,
Subchapter J, Wastewater Operators and Operations Companies.
This Category C facility must be operated by a chief operator or an operator holding a Category C license or
higher. The facility must be operated a minimum of five days per week by the licensed chief operator or an
operator holding the required level of license or higher. The licensed chief operator or operator holding the
required level of license or higher must be available by telephone or pager seven days per week. Where shift
operation of the wastewater treatment facility is necessary, each shift which does not have the on-site
supervision of the licensed chief operator must be supervised by an operator in charge who is licensed not less
than one level below the category for the facility.
3. The permittee shall maintain and operate the treatment facility in order to achieve optimum efficiency of
treatment capability. This shall include required monitoring of effluent flow and quality as well as appropriate
grounds and building maintenance.
4. Prior to operation/construction of the Interim II and Final phase wastewater treatment facilities, the permittee
shall submit to the TCEQ Wastewater Permitting Section (MC 148) of the Water Quality Division, a summary
submittal letter according to the requirements in 30 TAC Section 217.6(c). If requested by the Wastewater
Permitting Section, the permittee shall submit plans, specifications and a final engineering design report which
comply with the requirements of30 TAC Chapter 217, Design Criteria for Wastewater Treatment Systems. The
permittee shall clearly show how the treatment system will meet the permitted effluent limitations required on
Page 2 of the permit.
5. The permittee shall comply with the requirements of 30 TAC Section 309.13 (a) through (d). In addition, by
ownership of the required buffer zone area, the permittee shall comply with the requirements of 30 TAC
Section 309.13(e).
6. The permittee shall provide facilities for the protection of its wastewater treatment facilities from a 100-year
flood.
7. The permittee shall notify the TCEQ Regional Office (MC Region 11) and the Applications Review and
Processing Team (MC 148) of the Water Quality Division, in writing at least forty-five (45) days prior to the
completion of the new facilities.
8. In addition, the permittee is also authorized to haul sludge from the wastewater treatment facility, by a licensed
hauler, to the City of Georgetown's Dove Springs, San Gabriel, and Pecan Branch Wastewater Treatment
Facilities, Permit Nos. WQOOI0489003, WQOOI0489002, WQOOI0489005, respectively, to be digested,
Page 22
Exhibit I
Attachment number 12 \nPage 35 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
blended, dewatered and then disposed of with the sludge from the plant accepting the sludge.
The permittee shall keep records of all sludge removed from the wastewater treatment plant site and these
records shall include the following information:
a. The volume of sludge hauled;
b. The date(s) that sludge was hauled;
c. The identity of haulers; and
d. The permittee, TCEQ permit number, and location of the wastewater treatment plant to which the sludge is
hauled.
These records shall be maintained on a monthly basis and shall be reported to the TCEQ Regional Office (MC
Region 11) and the TCEQ Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division
by September 1 of each year.
9. The irrigated crops include bermuda grass, winter rye grass and native grass. Application rates to the irrigated
land shall not exceed 2.24 acre-feet per year per acre irrigated in the Interim I phase, 2.69 acre-feet per year per
acre irrigated in the interim II phase, 3.5 acre-feet per year per acre irrigated in the final phase on the golf
course, 2.2 acre-feet per year per acre irrigated in the final phase on the frontage. The permittee is responsible
for providing equipment to determine application rates and maintaining accurate records of the volume of
effluent applied. These records shall be made available for review by the Texas Commission on Environmental
Quality and shall be maintained for at least three years.
10. Irrigation practices shall be designed and managed so as to prevent ponding of effluent or contamination of
ground and surface waters and to prevent the occurrence of nuisance conditions in the area. Cover crops, the
golf course or other ground cover shall be established and well maintained in the irrigation area throughout the
year for effluent and nutrient uptake by the crop and to prevent pathways for effluent surfacing. Tailwater
control facilities shall be provided as necessary to prevent the discharge of any effluent from the irrigated land.
11. Effluent shall not be applied .for irrigation during rainfall events or when the ground is frozen or saturated.
12. The permittee shall erect adequate signs stating that the irrigation water is from a non-potable water supply for
any area where treated effluent is stored or where there exist hose bibs or faucets. Signs shall consist of a red
slash superimposed over the international symbol for drinking water accOlnpanied by the message "DO NOT
DRINK THE WATER" in both English and Spanish. All piping transporting the effluent shall be clearly marked
with these same signs.
13. Spray fixtures for the irrigation system shall be of such design that they cannot be operated by unauthorized
personnel.
14. Irrigation with effluent shall be accomplished only when the area specified is not in use.
15. The permittee shall maintain a long term contract with the owner( s) of the land application site which is
authorized for use in this permit, or own the land authorized for land application of treated effluent.
16. Holding or storage ponds shall conform to the design criteria for stabilization ponds with regard to construction
and levee design and shall maintain a minimum freeboard of two feet according to 30 TAC Chapter 217,
Design Criteria for Wastewater Treatment Systems.
17. Permanent transmission lines shall be installed from the holding pond to each tract of land to be irrigated
utilizing effluent from that pond.
18. The permittee shall comply with the buffer zone requirements of 30 TAC Section §309.13(c). A wastewater
Page 23
Exhibit I
Attachment number 12 \nPage 36 of 72
Item # L
City of Georgetown Permit No. WQOOI4232001
treatment plant unit, land where surface irrigation using wastewater effluent occurs, or soil absorption systems
(including low pressure dosing systems, drip irrigation systems, and evapotranspiration beds) must be located a
minimum horizontal distance of 150 feet from a private water well and a minimum horizontal distance of 500
feet from a public water well site as provided by §290.41(c)(1)(C) of this title, spring, or other similar sources
of public drinking water.
19. The two irrigation wells on the Cimarron Hills property (identified as Well # 13 and # 14) have been granted a
variance to the 150 foot buffer from a wastewater treatment plant unit, land where surface irrigation using
wastewater effluent occurs.
20. All abandoned and unused wells shall be properly plugged per 16 TAC §76.1004. A copy of the State of Texas
Well Plugging report for each well plugged shall be submitted to the TCEQ Water Quality Assessment Team
(MC-ISO).
21. A 150 foot buffer from the Middle Fork San Gabriel River and its tributaries shall be maintained where
irrigation with treated effluent will not occur.
22. A 50-foot buffer from all geologically sensitive areas, including closed depressions, fractured and vuggy rock
outcrops, solution cavities, sinkholes, and any surface conduit connecting to the cave and areas where irrigation
with treated effluent will not occur shall be maintained. All sensitive geologic features shall be marked with
signage, are delineated by and protected in native grass vegetations, and have special guard sprinkler heads that
prevent the sprinklers from spraying in the direction of the feature.
23. Sensitive geological features identified as G 10, GIS, and G30 in the Geological Assessment report for the Oaks
at San Gabriel tract shall maintain a 50 foot buffer plus a 200 foot upgradient buffer from areas where irrigation
with treated effluent shall not occur.
24. Due to the absence of a liner certification for the existing wastewater effluent holding pond, within 60 days of
this permit amendment issuance, a Texas-licensed professional engineer shall inspect the pond for seepage,
inspect the leak detection system, and document the findings. If repairs are needed, a description of the needed
repairs and time line for the completion of the repairs shall be submitted. The documentation of the inspection
and needed repairs shall be signed and sealed by a Texas-licensed professional engineer, and submitted to the
TCEQ Water Quality Assessment Team (MC-I50) within 90 days of permit issuance.
25. The proposed wastewater effluent holding pond liner shall be constnlcted in accordance with 30 TAC §217.203.
Prior to use, a liner certification for the pond, which has been signed and sealed by a Texas-licensed
professional engineer, shall be submitted to the TCEQ Regional Office (MC Region 11) and the TCEQ Water
Quality Assessment Team (MC-I50).
26. Any new recharge features uncovered by construction activities shall be reported to the Edwards Aquifer
Program of the TCEQ Regional Office (MC Region 11) within 30 days of discovery. Buffers and best
management practices consistent with the special provisions of this permit and 30 TAC Chapter 213 shall be
implemented to prevent impact to recharge features from wastewater application and prevent groundwater
contamination. Documentation of implement practices shall be forwarded to the TCEQ Water Quality
Assessment Team (MC-ISO) within 30 days of approval by the Edwards Aquifer Program of the TCEQ
Regional Office (MC Region 11).
27. Existing facilities for the retention of treated or untreated wastewater shall be adequately lined to control
seepage. The following methods of pond lining are acceptable.
a. In-situ clay soils or placed and compacted clay soils meeting the following requirements:
Page 24
Exhibit I
Attachment number 12 \nPage 37 of 72
Item # L
City of Georgetown Permit No. WQ0014232001
1) More than 30% passing a No. 200 mesh sieve
2) Liquid limit greater than 30%
3) Plasticity index greater than 15
4) A minimum thickness of 2 feet
5) Permeability equal to or less than lxl0-7 cm/sec (*)
6) Soil compaction will be 95% standard proctor at optimum moisture content (*)
(*) For new and/or modified ponds only.
b. Membrane lining with a minimum thickness of 30 mils, and an underdrain leak detection system.
c. An alternate method of pond lining may be utilized with prior approval from the Executive Director.
The permittee shall furnish certification by a Texas Licensed Professional Engineer that the completed pond
lining meets the appropriate criteria above prior to utilization of the facilities. The certification shall be sent to
the TCEQ Regional Office (MC Region 11) and Water Quality Compliance Monitoring Team (MC 224) of the
Enforcement Division.
28. The permittee shall use cultural practices to promote and maintain the health and propagation of the
Bermudagrass (warm season) and winter ryegrass (cool season) or native grass crops and avoid plant lodging.
The permittee shall harvest the crops (cut and remove it from the field) at least one time during the year.
Harvesting and mowing dates shall be recorded in a log book kept on site to be made available to TCEQ
personnel upon request.
29. The physical condition of the land application fields will be monitored on a weekly basis. Any areas with
problems such as surface runoff, surficial erosion, stressed or damaged vegetation, etc., will be recorded in the
field log kept onsite and corrective measures will be implemented immediately.
30. The permittee shall obtain representative soil samples from the root zones of the areas receiving irrigation.
Composite sampling techniques shall be used. Each composite sample shall represent no more than 80 acres
with no less than 10 to 15 subsamples representing each composite sample. Subsamples shall be composited by
like sampling depth and soil type for analysis and reporting. Soil types are soils that have like topsoil or plow
layer textures. These soils shall be sampled individually from 0 to 6 inches, 6 inches to 18 inches and 18 inches
to 30 inches below ground level. The permittee shall sample soils in December to February of each year. Soil
samples shall be analyzed within 30 days of sample procurement.
The permittee shall provide annual soil analyses of the land application area for pH [2: 1 (v/v) water/soil
mixture]; conductivity [2: 1 (v/v) water/soil mixture]; total Kjeldahl nitrogen (TKN); nitrate-nitrogen; plant-
available potassium, calcium, magnesium, sulfur, and phosphorus; and sodium adsorption ratio (SAR) and its
constituent parameter analysis (i.e., water-soluble sodium, calcium, magnesium) shall be obtained from a
saturated paste,. The plant nutrient parameters shall be analyzed on a plant available basis. Phosphorus shall
be analyzed according to the Mehlich III procedure with inductively coupled plasma; and potassium, calcium,
magnesium, sodium, and sulfur may also be analyzed from the same Mehlich III extract. Plant-available
phosphorus, potassium, calcium, magnesium, sodium and sulfur shall be reported on a dry weight basis in
mg/kg; conductivity, in mmho/cm; pH, in standard units; and water-soluble ions (i.e., sodium, calcium and
magnesium), in mg/liter. Kjeldahl procedures that use methods that rely on mercury as a catalyst are not
acceptable. If the SAR is greater than 10, amendments (e.g., gypsum) shall be added to the soil to adjust the
SAR to less than 10.
The permittee shall submit the results of the soil sample analyses with copies of the laboratory reports to the
TCEQ Regional Office (MC Region 11) and the Water Quality Compliance Monitoring Team (MC 224) of the
Enforcement Division no later than end of September following the sampling date of each year.
Page 25
Exhibit I
Attachment number 12 \nPage 38 of 72
Item # L
1 MILE
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Exhibit I
Attachment number 12 \nPage 39 of 72
Item # L
Bryan W. Shaw, Ph.D., Chairman
Buddy Garcia, Commissioner
Carlos Rubinstein, Commissioner
Mark R. Vickery, P.G., Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
Mr. Glenn Dishong
City of Georgetown
300 Industrial Avenue #1
Georgetown, Texas 78626
March 22, 2010
Re: City of Georgetown, Permit No. WQ0014232001
(RNI01609618; CN600412043)
Dear Mr. Dishong:
Enclosed is a' copy of the above referenced permit for a wastewater treatment facility issued on
behalf of the Executive Director pursuant to Chapter 26 of the Texas Water Code.
If you are receiving a Texas Pollutant Discharge Elimination System (TPDES) discharge pennit and
your system is a new facility or an existing facility that has been reporting to the Texas Commission
on Environmental Quality (TCEQ), you may comply with self-reporting requirements by submitting
discharge monitoring reports (DMR) electronically over the Web through STEERS (see enclosed
flyer). Information about the electronic DMR (eDMR) system is available at
www.tceq.state.tx.us/goto/eDMR. We encourage electronic reporting. Discharge facilities that do
not use the eDMR system will receive paper DMR forms and instructions from the TCEQ
Enforcement Division or from the U.S. Environmental Protection Agency (EPA) if the facility has
been submitting DMRs to EPA.
If you are receiving a land application (no discharge) permit and are required to report monitoring
results, self-reporting forms and instructions will be forwarded to you by the TCEQ Enforcement
Division.
Enclosed is a "Notification of Completion of Wastewater Treatment Facilities" form. Use this form
when the facility begins to operate or goes into a new phase. The form notifies the agency when the
proposed facility is completed or when it is placed in operation. This notification complies with the
special provision incorporated into the permit. When the agency receives this form, the appropriate
pennit requirements will be activated in the compliance system database so that accurate monitoring
and reporting can occur.
P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us
Exhibit I
Attachment number 12 \nPage 40 of 72
Item # L
Mr. Glenn Dishong
Page 2
Should you have any questions, please contact Mr. Julian D. Centeno, Jr., P.E. of the TCEQ's
Wastewater Permitting Section at (512) 239-4671 or ifby correspondence, include MC 148 in the
letterhead address at the bottom of the previous page.
Sincerely,
Ch~~M~cf::
Water Quality Division
Texas Commission on Environmental Quality
CWM/JDC/sp
Enclosures
ccs: TCEQ, Region 11
Mr. Roger E. Schenk, Camp Dresser and McKee, Inc., 12357-A Riata Trace Parkway, Suite
210, Austin, Texas 78727
Exhibit I
Attachment number 12 \nPage 41 of 72
Item # L
Bryan W. Shaw, Ph.D., Chairman
Buddy Garcia, Commissioner
Carlos Rubinstein, Commissioner
Mark R. Vickery, P.G., Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
March 22,2010
TO: Persons on the attached mailing list.
RE: City of Georgetown
Permit No. WQ0014232001
This letter is your notice that the Texz..s Commission on Environmental Quality (TCEQ) executive
director (ED) has issued final approval of the above-named application. According to 30 Texas
Administrative Code (TAC) Section 50.135 the approval became effective on March 16, 2010,
the date the ED signed the permit or other approval unless otherwise· specified in the permit or
other approval. Enclosed is a copy of the Executive Director's response to comments.
You may file a motion to overturn with the chief clerk. A motion to overturn is a request for the
commission to review the TCEQ ED's approval of the application. Any motion must explain
why the comlnission should review the TCEQ executive director's action. According to 30 TAC
Section 50.139 an action by the ED is not affected by a motion to overturn filed under this section
unless expressly ordered by the commission .
. A. motion to overturn must be received by the chief clerk within 23 days after the date of this
letter. An original and 7 copies of a motion must be filed with the chief clerk in person, or by
mail to the chief clerk's address on the attached mailing list. On the same day the motion is
transmitted to the chief clerk, please provide copies to the applicant, the ED's attorney, and the
Public Interest Counsel at the addresses listed on the attached mailing list. If a motion to overturn
is not acted on by the commission within 45 days after the date of this letter, then the motion shall
be deemed overruled.
You may also request judicial review of the ED's approval. According to Texas Water Code
Section 5.351 a person affected by the ED.'s approval must file a petitIon appealing the ED's
approval in TravIs County district court within 30 days after the effective date of the approval.
Even if you request judicial review, you still must exhaust your administrative remedies, which
includes filing a motion to overturn in accordance with the previous paragraphs.
Individual members of the public may seek further information by calling the TCEQ Office of
Public Assistance, toll free, at 1-800-687-4040.
Sincerely,·
c#L
LaDdmla Castanuela
Chief Clerk
LDC/ka
P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us .
11:-:,ing
Exhibit I
Attachment number 12 \nPage 42 of 72
Item # L
MAILING LIST
for
City of Georgetown
Permit No. WQ0014232001
FOR THE APPLICANT:
Glen Dishong
City of Georgetown
300 Industrial Avenue #1
Georgetown, Texas 78626
Roger E. Schenk
Camp Dresser and McI(ee, Inc.
12357-A Riata Trace Parkway, Suite 210
Austin, Texas 78727
PROTESTANTS/INTERESTED PERSONS:
Bill Kelberlau
2829 Cedar Hollow Road
Georgetown, Texas 78628-7007
William Kelberlau
2829 Cedar Hollow Road
Georgetown, Texas 78628-7007
John Sommerfeld
101 Windemere West
Leander, Texas 78641-1625
FOR THE EXECUTIVE DIRECTOR
via electronic mail:
Kathy Humphreys, Staff Attorney
Texas Commission on Environmental Quality
Environmental Law Division MC-173
P.O. Box 13087
Austin, Texas 78711-3087
Julian D. Centeno, Jr. P.E., Technical Staff
Texas Commission on Environmental Quality
Water Quality Division MC-148
P.O. Box 13087
Austin, Texas 78711-3087
FOR OFFICE OF PUBLIC ASSISTANCE
via electronic mail:
Bridget Bohac, Director·
Texas Commission on Environmental Quality
Office of Public Assistance MC-108
P.O. Box 13087
Austin, Texas 78711-3087
FOR PUBLIC INTEREST COUNSEL
via electronic mail:
BIas J. Coy, Jr., Attorney
Texas Commission on Environmental Quality
Public Interest Counsel MC-1 03
P.O. Box 13087
Austin, Texas 78711-3087
FOR THE CHIEF CLERK
via electronic mail:
LaDonna Castafiuela
Texas Commission on Environmental Quality
Office of Chief Clerk MC-1 05
P.O. Box 13087
Austin, Texas 78711-3087
Exhibit I
Attachment number 12 \nPage 43 of 72
Item # L
TCEQ PERMIT NO. WQ0014232001
APPLICATION BY BEFORE THE
CITY OF GEORGETOWN
§
§
§
§
§
CHIEF CLEf1K~ OFFICi: TEXAS COMMISSION ON v ~
ENVIRONMENTAL QUALITY
EXECUTIVE DIRECTOR'S RESPONSE TO PUBLIC COMMENT
The Executive Director (ED) of the Texas Commission on Environmental Quality
(the Commission or TCEQ) files this Response to Public Comment on the City of
Georgetown'S (Georgetown's) application and on the ED's preliminary decision. As
required by 30 Texas Administrative Code (TAC) § 55.156, before a permit is issued, the
ED prepares a response to all timely, relevant and material, or significant comments. The
Office of Chief Clerk timely received one comment from Bill Kelberlau. Mr. Kelberlau
withdrew his comment on February 23, 2010. This response addresses all such timely
public comments received, whether or not withdrawn. If you need more information
about this permit application or the wastewater permitting process, please call the TCEQ
Office of Public Assistance at 1-800-687-4040. General information about the TCEQ can
be found at our website at www.tceq.state.tx.us.
BACKGROUND
Description of Facility
Georgetown applied to the TCEQ for a major amendment to TCEQ Permit No.
WQ0014232001, to authorize an increase in the daily average flow from 200,000 gallons
per day to 480,000 gallons per day and to increase the acreage irrigated from 100 acres to
152.8 acres. The existing wastewater treatment facility serves the Cimarron Hills
Exhibit I
Attachment number 12 \nPage 44 of 72
Item # L
Subdivision. The Oaks at San Gabriel residential area will be added to the service area in
the interim and final phases.
The wastewater treatment facility and disposal site are located approximately 5.8
miles west of Interstate Highway 35 and 1.05 miles north of State Highway 29 in
Williamson County, Texas.
Procedural Background
The permit application was received on February 2, 2009, and declared
administratively complete on March 23, 2009. The Notice of Receipt and Intent to Obtain
a Water Quality Permit (NORI) was published on April 19, 2009 in The Sunday Sun.l
The Notice of Application and Preliminary Decision (NAPD) for a Water Quality Permit
was published on December 16, 2009 in The Williamson County Sun. The public
comment period ended on January 15, 2010. This application was administratively
complete on or after September 1, 1999; therefore, this application is subject to the
procedural requirements adopted pursuant to House Bill 801 (76 th Legislature, 1999).
Access to Rules, Laws, and Records
Please consult the following websites to access the rules and regulations applicable to
this permit:
• To access the Secretary of State website: www.sos.state.tx.us;
• For TCEQ rules in Title 30 of the Texas Administrative Code:
www.sos.state.tx.us/tac/ (select "TAC Viewer" on the right, then "Title 30
Environmental Quality");
• For Texas statutes: www.capitol.state.tx.us/statutes/statutes.html;
1 The NORI was inadvertently titled Notice of Application and Preliminary Decision for TPDES Permit For
Municipal Wastewater Renewal. The body of the notice, however, reflected that the permitting action is
an amendment to increase the volume of discharge and irrigated acreage. The ED has determined that
because the language in the NAPD was correct and most of the language in the NORI was correct,
Georgetown has substantively complied with the published notice requirements.
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 2
Exhibit I
Attachment number 12 \nPage 45 of 72
Item # L
• To access the TCEQ website: www.tceq.state.tx.us (for downloadable rules in
WordPerfect or Adobe PDF formats, select "Rules, Policy, & Legislation," then
"Rules and Rulemaking," then "Download TCEQ Rules");
• For Federal rules in Title 40 of the Code of Federal Regulations:
www.epa.gov/epahome/cfr40.htm;
• For Federal environmental laws: www.epa.gov/epahome/laws.htlTI.
Commission records for this facility are available for viewing and copying and are
located at TCEQ' s main office in Austin, 12100 Park 35 Circle, Building F, 1 st Floor
(Office of Chief Clerk). The permit application, ED's preliminary decision, and draft
permit are available for viewing and copying at Georgetown Utility Systems, 300
Industrial Avenue #1, Georgetown, Texas.
COMMENTS AND RESPONSES
COMMENT 1:
Bill Kelberlau inquires what studies/evaluations/inspections have been done to
ensure that there is no negative impact on the surrounding environment, San Gabriel
water shed and local water wells.
RESPONSE 1:
Although the wastewater permitting process does not require the submittal of any
specific environmental impact studies of the proposed permit boundary area, Chapters
309 and 217 of 30 TAC contain numerous regulations regarding the location and
construction of wastewater treatment facilities which are designed to protect human
health and the environment. TCEQ' s rules describe both unsuitable site characteristics
for the wastewater treatment facilities, and the required buffer distances between
Executive Director's Response to Public Comment, TCEQ Pennit No. WQ0014232001 Page 3
Exhibit I
Attachment number 12 \nPage 46 of 72
Item # L
wastewater treatment facilities and water wells? Chapter 217 of 30 TAC contains
required construction specifications of treatment and storage facilities designed to
minimize any potential contamination of ground and surface water.
This application is for a Texas Land Application Permit which does not authorize
the discharge of treated domestic wastewater into waters in the State. The draft permit
contains numerous special provisions to minimize the potential of contamination to
groundwater and surface water, including requiring Georgetown to:
• maintain a minimum horizontal buffer distance of 150 feet from a private
water well and 500 feet from a public water well, spring, or other similar
sources of public drinking water, from the land irrigated·by wastewater;3
• properly plug abandoned wells according to 16 TAC §76.1004;4
• maintain buffers from land where surface irrigation with treated effluent takes
place and all geologically sensitive areas, including closed depres'sions,
fractured and vuggy rock outcrops, solution cavities, sinkholes, and any
surface conduit connecting to a cave;5
• maintain a 150 foot buffer from the Middle Fork San Gabriel River and its
tributaries and land where surface irrigation takes place; 6
• protect the wastewater treatment facilities from a 100-year flood; 7 and
• comply with other provisions regarding the maintenance of the land where
surface irrigation using wastewater effluent takes place, including crop
management and soil sampling. 8
The permit application includes a study of limiting hydraulic and nitrogen
application rates as provided by the water balance calculations, crop nitrogen balance
230 TAC §309.l3(a) -(d).
3 See, Draft Pennit, Special Provision # 18.
4 See, Draft Pennit, Special Provision #20.
5 See, Draft Pennit, Special Provisions #22, #23, and #26.
6 See, Draft Permit, Special Provision #21.
7 See, Draft Permit, Special Provision #6.
8 See, Draft Permit, Special Provisions #9, #10, #28, #29, and #30.
Executive Director's Response to Public Comment, TCEQ Pennit No. WQOOl4232001 Page 4
Exhibit I
Attachment number 12 \nPage 47 of 72
Item # L
calculations and an effluent storage study. The effluent application rate was calculated in
order not to exceed the effluent needed by the root zone of the irrigated crops arrived at
in the water balance calculations and prevent excessive nitrogen application. The effluent
will not be applied during rainfall events or when the ground is frozen or saturated. The
draft permit provides sufficient effluent storage for use at times when the effluent cannot
be utilized for irrigation.
The effluent limits of 5 mg/l BODs and 10 mg/l TSS are more stringent than the
secondary treatment quality required by 30 TAC §309.1 and 30 TAC §213.6(b).9 The
effluent must also be disinfected as required by 30 TAC §309.3 for the protection of
public health.
Additionally, the facility and disposal area are located within the Edwards Aquifer
recharge zone, and therefore must comply with all regulations of 30 T AC Chapter 213.
Georgetown was required to submit an Edwards Aquifer Protection Plan (EAPP)
application to the Executive Director for approval prior to construction.1o An Edwards
Aquifer Protection Plan is a general term for the following plans: Water Pollution
Abatement Plan (WP AP), Organized Sewage Collection System Plan, Underground
Storage Tank Facility Plan, Aboveground Storage Tank Facility Plan, and any
modifications, extensions or exceptions to these approved plans.ll To comply with the
WP AP Georgetown submitted a detailed geological assessment and proposal for best
management practices (BMPs), including measures to prevent pollution of surface water,
9 The effluent limits for public access land application permits are 20 mg!l BOD5 and 20 mg!l TSS. 30
TAC §309.4, set 4.
10 30 TAC §213.4(a).
11 30 TAC §213.5.
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 5
Exhibit I
Attachment number 12 \nPage 48 of 72
Item # L
groundwater, or stormwater. The ED approved Georgetown's WPAP for the wastewater
treatment facility in July, 2001.
The wastewater permitting process and Edwards Aquifer protection program are
two distinct and different programs of the TCEQ. Personnel from the Edwards Aquifer
Protection Program, TCEQ Region 11 Office, are responsible for reviewing the EAPP.
Once a plan is approved, the site is monitored for compliance by the TCEQ Region 11
Edwards Aquifer Program staff. For additional information regarding the EAPP for this
facility, please contact the TCEQ Region 11 office Edwards Aquifer Program staff at
(512) 339-2929. Additional information regarding the Edwards Aquifer Program, may
be found at: http://www.tceg.state.tx.us/compliance/field ops/eapp/program.html.
CHANGES MADE TO THE DRAFT PERMIT IN RESPONSE TO COMJVt:ENT
In response to comments made during the comment period, the ED has
incorporated the following provision as Special Provision 31, page 26 of the draft permit:
31. This facility for wastewater treatment, storage and disposal is located
on the Edwards Aquifer Recharge Zone and is subject to 30 TAC 213
Subchapter A requirements.
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 6
Exhibit I
Attachment number 12 \nPage 49 of 72
Item # L
Respectfully submitted,
Texas Commission on Environmental
Quality
Mark R. Vickery, P.G.
Executive Director
Robert Martinez, Director
Environmental Law Division
Byvr~~~¥-~~ ________ _
Katliy ump
Environment Law Division
State Bar No. 24006911
P.O. Box 13087, MC 173
Austin, Texas 78711-3087
(512) 239-3417
REPRESENTING THE EXECUTIVE
DIRECTOR OF THE TEXAS
COMMISSION ON ENVIRONMENTAL
QUALITY
Executive Director's Response to Public Comment, TCEQ Permit No. WQ0014232001 Page 7
Exhibit I
Attachment number 12 \nPage 50 of 72
Item # L
CERTIFICATE OF SERVICE
I certify that on the 24th day of February, 2010, the "Executive Director's
Response to Public Comment" for Permit No.WQ0014232001 was filed with the Texas
Commission on Environmental Quality's Office of Chief Clerk.
Exhibit I
Attachment number 12 \nPage 51 of 72
Item # L
GOLF COURSE IHf{IGATtoN LAND
CIMARRON HILLS
F.N. G1G4 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
DESCRIPTION OF A 19.39 ACRE TRACT OF LAND, HEREIN CALLED TRACT 'N, A 30.19 ACRE
TRACT OF LAND, HEREIN CALLED TRACT '8', A 27.74 ACRE TRACT OF LAND, HEREIN CALLED
TRACT 'C', A 41.94 ACRE TRACT OF LAND, HEREIN CALLED TRACT "0', A 62.63 ACRE TRACT
OF LAND, HEREIN CALLED TRACT "E',A 73.92 ACRE TRACT OF LAND, HEREIN CALLED TRACT
'F', ANDA 18.87 ACRE TRACT OF LAND, HEREIN CALLED TRACrG', ALL SITUATED IN THE A
H. PORTER SURVEY, A8STRACT, 8EING A PORTION OF THAT CERTAIN CALLED 813.09 ACRE
TRACT OF LAND AS DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN
VOLUME 2148, PAGE 318 Of THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
19.39 ACRE, TR/,CT 'A", 30.19 ACRE TRAcr8', 27.74 ACRE TRACT 'C', 41 .94 ACRE mACT '0',
62.63 ACRE mACT 'E', 73.92 ACRE TRACT 'F', AND 18.87 ACRE TRACT "G" 8EING DESCRIBED
BY METES AND 80UNDS AS FOLLOWS:
TRACT "Au
COMMENCING at a Yz inch iron rod found for the southwest corner of said 812.99 acre Iracl, being also
the southeast corner of that certain 8.881 acre tract of land as described in a deed 10 GC&E Services,
Inc, of record in Volume 2621, Page 136 of the Deed Records of Williamson county, Texas, and being
in the northerly lino of Stale Highway No. 29, a 100 foot wide righl-of-way;
THENCE, wilh Ihe west line of said 812.99 acre lract and the east line of said 8.881 acre tract, thO
following two (2) courses:
I. N 22' 10' 00' W, for a distance of 517.58 feel to a 60d nail found for an angle poinl, and
2. N 21 u 14' 06' W, for a distance of 351.38 feel 10 a poinl being in the east line of said 812,99 acre
lracl and being in the east line of Ihat cilrtain 8. 72S acre tract of land as described in a deed to
Willianl D. Richards, el UX, of record In Document No. 9630009 of tho Deed Records of
Williamson Counly Texas;
THENCE, N 68" 45' 54' E, departing Ihe easlline of said 8.725 acre trBct and over and across said
812.99 acre Iract, for a distance of65.84 feet to an iron rod with cap sel for Ihe POINT OF BEGINNING
and the sOlJlhVlest corner of the herein described tracl;
THENCE, continuing over and across said 812.99 acre tract. wilh the west, north, east and south lines
of the herein described tract, the following Ihirteen (13) courses:
1. N 21';' 18' 57" W for a distance of 1580.99 feel to an Yz inch iron rod with cap sr.t, and being the
northw(lst corner of the herein describod Iract,
2. N 69 0 27' 48" E for a distance of 376.10 feel 10 a Yz inch iron rod with cap sel for the nollheast
corner of Ille hereIn described tract,
3 S 25" 48' 31' E for a distance of 1142,53 fect 10 a liz inch iron rod with cap sel,
4. S 86" 46' 02' E for a distance of 255.00 feel 10 a Yi inch Iron rod with cap sel,
5. S 04 ~ 26' or W for D distance of 1B2.05 feel 10 a Yz inch iron rod with cap set,
6. S 85° 33' 57' E for a distance of 404.19 feet 10 a Yl inch iron rod with cap set,
7. S 04" 25' 53" W for a d'lslance of 143.25 feet to a ~ inch iron rod with cap set at 1118 beginning
of a curve 10 the righi, and being the southeast corner of the herein described tract,
8. along said curve to tile right, an arc distance of23.59 feel, said curve /laving a radius of 15.00,
B central angle of 90" 06' 57" and a chord bearing of S 49" 29' 21~ Wand a chord distance of
21.23 to a % inch iron rod with cap set at a poinl of reverse curvature to Ihe left,
9. along said curve 10 the left, an arc distance of 417,77 feet, said curve having a radius of 630.00
feet, a contral angle of 37~ 59' 40' and a chord bearing of S 75° 32' 59' W for a chord distance
of 410.16 feet to a }'i inch iron rod with cap set at a point of reverse curvature to the right,
10. along said curve 10 tile right, an arc distance of 16.86 feel, said curve /laving a radius of 15.00,
a cenfral angle of 64" 23' 44~ and a chord bearing of S 88~ 45' OJ' W, for a chord dislance of
15.99 feel 10 a is inch iron rod wilh cap set at a pOint of (everse curvature 10 the left,
Page 1 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 1
Exhibit I
Attachment number 12 \nPage 52 of 72
Item # L
GOLF COURSE IRRIGA nON LAND
CIMARRON HILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
11. along said curve to the left, an arc distance of 159.33 feel, said curve having a radius of 90,00
fcel, a central angle of 101 0 25' 44" and a chord bearing ofS 70" 14' Ql" W, for a chord distance
of 139,32 fect to a Yz inch iron rod with cap set at the end of said curve,
12. N 70' 29' 12" W fora distance of 131.58 (eel 10 a ~ Inch iron rodwilh cap sel, and
13. S 68" 46' 05· W for a distance of 239.13 feel to Hw POINT OF BEGINNING and containing
19.39 acres of land, and
TRACT"B"
BEGINNING at a % inch iron rod found for the southeast corner of said 812.99 acre tract, being also tile
southwest corner of that certain 37.995 acre trael of land as describod in a deed to H. H. RotheU of
record in Volume 649, Page 607 of the Deed Records of Williamson County, Texas. being also in Ihe
norlhedy line of Stale Highway 29, a 100 foot wide right-of-way and being thO southeast corner of the
herein described Iract;
THENCE. N 82" 26' 24" W, with 1110 sou til line of said 812.99 acre tracl, the north line of said Siale
Highway 29 righl-of-way and the SOllih line of the herein described tracl, for a distance of 1269.10 feel
to a poinl;
THENCE, N 07 e
' 33' 36~ E, departing the north line of said State Highway 29 oghl·of-way and over and
across said 812,99 acre tracl, for a distance of 78.83 feel to a % inch iron rod wlth cap set fortllo POINT
OF 8EGINNING and tho southeast (;orner of the herein described tfact;
THENCE, continuing over and across said 812.99 acre lract, wil/llhe soulll, west, north and east lines
of the herein described Iracl, the following Ihirty-five (35) courses:
1. N 82~ 26' 40" W for a distance of 1081.03 foet 10 a ~ inch iron rod with cap set fOf an allgle
pOInt,
2. NO/,' 33' 43' E for a distance of 121.27 feet to a Yz Inch iron rod wilh cap sel for an angle point,
3. N 82" 26' 23" W for a distance of 280 .00 feet to a Y:. inch iron rod wilh cap set for an angle poinl,
4. S 07 e 33' 32' W for a distance of 121.30 feel to a Yz inch iron rod \vith (;tlp set for an angle point,
5. N 82 Q 26' 42" W for a distance of 1328.62 feet to a Yz inch iron rod with cap set for an angle
poinl,
6. Nor 34' 43' E for a distance of 230.43 (eel to a y,. inch iron rod with cap sel althe beginning
of a curve to the right,
7. along said curve to the (ighl, an arc distance of 10.85 feel, said curve having a radius of 14.96
feel, a central angle of 41 0 33' 10' and a (;hord of which bears N 28" 16' 53" E, for a chord
distance of 10.60 feot to a Yz inch iron rod with cap set at a point of reverse curve to the lefl,
8. along said curve to the left, an arc distance of 74.95 feet, sald curve having a radius of 84,77
feel, a central angle of 50' 39' 37" and a chord of which bears N 23" 43' 57' E for a chord
distance of 72 .54 feet to a Y.t inch iron rod with cap set at a point of reverse curve 10 the righi,
9. along said curve to the r19111, an arc distance of 16.45 fcel, said curve having a radius of '14.97
feel, a cenlra! angle of 62" 57' 09" and a chord of which bears N 29" 52' 32' E for a chord
distance of 15.63 feet to a % inch iron rod with cap set at the end of said (;lIrve,
10. N 61" 16' 4T E for a distance of 391.55 fcetlo a ~ inch fron rod with cap set at the beginning
of a curve to the right,
11. along soid curve 10 Ihe righi, an arc distance of 218.18 feel, said curve having a radius of 670,03
feel, a central angle of 18" 39' 26· and a chord of which bears N 70" 46' 26" E for a chord
distance of 2 j 7.22 feet to a M! inch iron rod wilh cap set althe end of said ClJrve,
12. N 80" 06' 07' E for a distancQ of 51,89 feel 10 a X inch iron rod with cap sel {or an angle pOint,
Page 2 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 2
Exhibit I
Attachment number 12 \nPage 53 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON HilLS
F.N. 6154 (WOW)
AUGUST 7. 2000
PBS&J JOB NO. 440190.00 2501
13. S 09" 53' 46' E fOf a distance of 150.00 feet to a % inch iron rod with cap set for an angle po'm!.
14. N 80" OG' 18" F. for a distance of 125.00 feet to a ~ inch iron rod with cap set for an anglo point,
15. N 88" 25' 37"" E for a dislanco of 175.95 foet to a X inch iron rod with cap sel {or an angle point,
16. S 45' 10' 30' E for a distance of 129.66 feet 10 a X Inch iron rod with cap sel fOf an angle point,
17. S 31' 37' OS" E for a distance of 65.23 feel to a ~ inch iron rod with cap sol for an anglo point,
18. S 39~ 25' 05" E for a distance of 171.93 feet 10 a Yl inch iron rod with cap sel for all angle point,
19. S 72" 20' 04" E for a distance of 198.08 feel to a Yl inch iron rod with cap set for an angle point.
20. N 76" 29' 49" E for a distance of 132.89 feet to a ~ inch iron rod with cap sel for an angle po:nt,
21. N 89" 05' 26' E for a distance of 126.02 feel to a y.. inch iron rod with cap set for an angle point,
22. S 76'"' 15' 29" E for a distance of 131.30 feet 10 a y.. inch iron (Od with cap set for an angle point.
23. S 88~ 15' 06~ E for a distance of G09.71 feet to a}S inch iron rod with cap set for an angle point,
24. N 85" 17' 52" E for a distance of 167.24 feel to a '12 Inch iron rod with cap sel for an angle point,
25. N 75 c
' 04' 04' E for a distance of '150.00 feet to a Yz inch iron rod with cap set for an angle point,
26. N 14" 56' 01" W (or a distance of 124.53 feet to a Yz inch iron rod with cap set in a curve 10 lile
righi,
27. along said curve to Ihe right, an arc distance of 30.31 feet, said curve having a radius of 273.94
feet, a cenlral angle of 06" 20' 2 r and a chord of which bears S 81 v 44' 39" E for a chord
dislance of 30.29 feet to a ~ inch iron rod with cap set althe end of said curve,
28. S 7B'-' 35' 05~ E for a distance of 147.54 feel to a ~ inch iron rod with cap sel al the beginning
of a curvo 10 the left,
29, along said curve to Ihe lefl, an Hrcdislance of 138.44 feet, said curve having a radius of 324.88
feet, a central angle of 24" 24' 54" and a chord of which bears N a9° 12' 50' E for a chord
distance of 137.39 feet to a X Inch Iron rod with cap set at the end of said curve,
30. N 7r 00' 47" E for a distance of 275,05 feet 10 a X inch iron rod with cap sct allhe beginning
of a curve 10 tho left,
31. along said curve to the lefl, an arc distance of 74.21 foel, said cvrve having a radius of 1025.89
feel, a central angle of 04'" 08' 40' and a chord wlllell benrs N 74 0 56' 14" E, for a chord distance
of 74.19 foet to a y., inch Iron rod with cap sel althe end of said curve,
32. S 21'" 27' 08" E for a distance of 71.31 feet to a X inch Iron rod with cap set allhe beginning of
a curve 10 the right,
33. along said curve to the righi, an arcdisiance of 104.89 feel, said curve having a radius of 75.02
feet, a central angle of 80 c
> 06' 45" and a chord of which bears S 18 .... 36' 48' W for a chord
distance of 96.55 feet to a }S: inch iron rod with cap set at the end of said curve,
34. S 58 0 40' 52" W for a dislance of 784.fi9 feel to a ~ inch iron rod with cap set for an angle point,
and
35. S 38" 41' 52" E for a distance of 155.37 feet 10 tile POINT OF BEGINNING and containing
330.19 <Jcres of land, and
TRACT"C"
COMMENCING at a X inch iron rod found rorlhe southeast corner of said 812.99 acre tract, being also
Page 3 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 3
Exhibit I
Attachment number 12 \nPage 54 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON HILLS
F.N. 6154 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
the southwest coroer of thai certain 37.995 acre tract of land as described in a deed to H. H. Rothell of
record in Va/urno 1349, Page 607 of the Deed Records of Williamson County, Texas, and being in the
northerly line of State Highway 29, a 100 foot wide righl·of,way;
THENCE, N 22" 03' 11' W, with the east line of said 812.99 acre tract and tile west line of said 37.995
acre Iracl, for a distance of 603.46 feel to a y., inch iron rod found for an angle poinl;
THENCE, N 21 Q 03' 34" W, continuing with Ihe east line of saId 812.99 aCre lract and Ihe west line of
said 37.995 acre tract, for a distance of 570.06 feel to an angle point;
THENCE, S 68" 56' 26' W, depariing l11e west line of said 37.995 acre tract and over and across said
812.99 acre Iracl, for a distance of 162.10 feet 10 a Yz inch iron rod with cap sot at Ihe POINT OF
BEGINNING and being at the beuinning of a clIrve 10 the right;
THENCE, contiouing over and across said 812.99 acre tracl, with the east, south, west and nonh lines
of the herein described Iracl, for following forty (40) courses:
1. along said curve to tile fight, an arc distance of 23.58 feel, said curve having a radius of 15.00,
a central angle of 90" 04' 18' and a chord bearing of S 23~ 34' 54" W, for a chord distance of
21.22 feel 10 a % inch iron rod wilh cap sel althe end of said curve,
2. S Gs< 33' H)' W for a dlst<lllce of 25.83 feet {o a Yz inch iron rod wilh cap set at the beginning
of a curve to Ihe righi,
3. along said cllrve to the right, an arc distance of 143.99 feol, said curve having a radius of975.76
feet, a centra! angle of OS" 27' 17" and a chord be;lring of S 72" 46' 4S' W, for a chord distance
of 143.86 feet to a ~ inch iron rod with Cap sot al the end of said curve,
4. S 7r 00' 49" W for a distance of 275.05 feel to a Y2 inch iron rod with cap set at the begil1!1ing
of a curve 10 Ihe right,
5. along said curve to Ihe righ!, an arc distance of 49.19 foel. said curve having a radius of 274.67
feet, a central angle of 10" 15' 37' and a chord bearing of S 82-' 08' 14' W, for a chord distance
of 49.12 feet to a ~ inch iron rod with cap set at Ihe end of said curve,
6. N 06" 30' 19" W for a distance of 128,34 feel to a ~ inch iron rod vo'ilh cap set for an angle pOint,
7. N 6r 32' 30' W for a distance of 142.88 feet to a Y2lnch iron rod'wvilh cap sel for an angle point,
8. N 86" 05' 35" Wfor a distance of 127.10 feel to a ~ inch iron rodwilh cap sel for an angle poinl,
9. S 83" 20' 03» Wfo( a distanco of 250.00 feel 10 a Y2 inch iron rod with cap set for an angle point,
10. N 06° 30' 21" W for a distance of 190.29 feet to a ~ inch iron rod with cap set (or an angle point,
11. N 41 '" 21' 43" W for a distance of 132.84 foel to a Yz inch iron rod with cap set for an angle point,
12. N 11 ~ 04' 58" W for a distance of 127.19 feel to a Yz inch iron rod wllh cap sel for an angle point,
13. N 45<' 28' 13" W for a distance of 36.18 feel 10 a Yz inch iron rod with cap set in a curve (a the
lefl,
14. along said curve to Ihe left, an arc distance of 55.76 feet, said curve having a radius of 75.00
feet, a central angle of 42" 36' 04' and a chord bearing orN 24'" 21' 16' E, for a chord distance
of 54.49 feet to a ~ inch iron rod with cap set at tho end of said curve,
15. S 85" 23' 39" E for a distance of 76.84 feet to a Yz Inch iron rod with cap set for an angle poInt,
16. N 5r 12' 30' E for a distance of 111.78 feet 10 a y,. inch iron rod with cap set for an angle point,
17. N 15" 11' 58" W for a dislance of 184.34 feel to a liz inch iron rodwilh cap sel for an angle point,
18. N 78" 06' 56~ W for a d'Istance of 10'1.25 feet to a }slnch iron rod with cap set for an angle poin!,
Page40f 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 4
Exhibit I
Attachment number 12 \nPage 55 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON IIiLLS
F.N. 6154 (WOW)
AUGUST 7. 2000
P8S&J JOB NO. 440190.002501
19. S 81 n 54' 09' W for a (iis!anc(J of 510.24 feet to a }S inch iron rod with cap sel for an angle point,
20. N 82;' 52' 50" W for a distance of 64.06 feel to a y., inch iron rod with cap sol for an angle point,
21, N 56" 39' 50' W for a distance of 125.25 feel to a y., inch iron rod with cap sel for an angle pOint,
22. N 48° 25' 35" W for a distanc'.) of 887.58 (col to a y., inch iron rod with cap set for an angle point,
23. N 21" 21' 39' E for a distance of 70.50 feel 10 a % inch iron rod with cap set in a curve to the lefl,
24. along said curve to the left, an arc distance of258.99 feet, said curve having a radius of 62R78
feet, a central angle of 23" 33' 43" and a chord bearing of S 82" 50' 50' E for a chord distance
of 257.16 feel (0 a y;, inch iron rod with cap set at the end of said curve,
25. N 85" 22' 3 r E {or a distance of 217.58 fee! to a !4 inch iron rod with CAp set for an angle point,
26. S 13" 18' 33" W for a distance of 131.71 feet to a}S inch iron rod with cap sel (or an angre pOint,
27. S 64 ~ 52' 25' E for a distance of 410,44 feet to a :!0 inch iron rod with cap sel for an angle point.
28. N 85" 18' 51" E for a distance of 170.15 feel to a v.z inch iron (ad with cap set for an angle point,
29. N 08' 45' 29' E for a distance of 200.64 feet to a !h inch iron rod wilh cap set for an angle point.
30. N 81" 14' 29' E for a distance of 162.52 (eel 10 a 1,0 inch iron rod \-"ith cap sel althe beginning
of a curve to Ihe right,
31. along said curve to Ihe righi, an arc distance of 57.13, said curve having a radius of 299.50 feet,
a central angle of 10~ 55' 42" and a chord bearing of N 86° 42' 03" E, for a chord dis lance of
57.04 feel to a !4 inch [ron rod wHh cap set allhe end of said curve,
32. S 87" 50' 58" E for a dis!'1I1Ce of 174.27 feel 10 a ~ inch iron rod with cap sot for an angle point,
33. S 02" 09' OS' W for a distance of 196.24 foello a 1h inch iron rod \Villl cap set for an angle point.
34. S sr 51' 01" E for a dislance of 116.23 (eel 10 a % inch iron rodwilh cap set for an angle point,
35. S 31 < 39' 52" E for a distance of 815.65 feet to a X inch iron rod with cap set for an angle paint.
36. S 66" 54' 54" E for a distance of 243.20 fcot to a }S inch iron rodwilh cap set (or an angle paint,
37. N 34" 43' 25' E for a distance of 143.64 feet 10 <l X inch iron rod with C8p sel for an angle point,
38. S 54" 57' 59' E for a distance of 27.57 (eet to a % inch iron rod with cap sel al the beginning of
a cllrve 10 the right,
39. along said curve to the right, an arc distance of 162,09, said curve having a radius of 275.00
feet, a central angle of 33" 46' 17" and a chord bearing of S 38~ 20' 04" E, for a chord distance
of 159.75 feel to a X inch iron rod with cap set allhe end of said curve, and
40. S 21 ,. 26' 53" E for a dislanco 01351.65 {eello Ihe POINT OF BEGINNING and conlain'lng 27.74
acres of land.
TRACT "0"
COMMENCING at a 1!J inch iron rod with cap fOllnd for the southeast corner of thaI certain 98.30 acre
tract of land as described in a deed to Milton Lee and Judy Marie Owen, Jr. of record in Volume 2208,
Page 603 of the Deed Records of Williamson County, 'fexas and being an interior ell corner in the west
line of sa'ld 812.99 acre tract:
THENCE, N 65 0
• 17' 46" E, over and across said 812.99 acre Iracl, for CI distance of 579.26 feel 10 a !tl
inch iron rod with cap set at tile POINT OF [3EGINNING of the herein described tWCI;
Page 5 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 5
Exhibit I
Attachment number 12 \nPage 56 of 72
Item # L
GOLF COURSE IRRIGATION U,ND
CIMArmON HILLS
F.N. 6154 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
THENCE, continuing over and across said 812.99 acre tract, with Ihe wesl, north. east and soulh lines
of Ihe herein described Ir(let, the following forty-two (42) Courses:
1. N 59'"' 22' 16' E (or a distance of 312.50 feel to a Y, inch iron rodwilh cap sel for all angle point,
2. N 78" 32' 51" E fora d;slance of 362.72 feel 10 a %inch iron rodwilh cap set for an angle point.
3. N 16 v 06' 14 b Wfor a distance 0[637.29 feet to a ~ inch iron rod with cap set for an angle pol nt,
4 N 12~ 20' 55" W for a distance of 125.27 feet to a Y2 inch iron rod with cap sel for an angle point.
5, N 08" 28' 14" E for a distance of 86.15 feotto a liz inch iron rod \·,ilh cap set for an angle point,
6. N 62" 05' 56" W for a distance of 135.59 feet to a ~ inch iron rod wilh cap sel in a Ctlfve to Ihe
left,
7. along said c\IIve 10 the left, an arc distance of 174.78, said curve having a radius 01324.95 te!"!l,
a centrnl angle of 30'" 49' 02~ find a chord bearing of N 52" 21' 42' E, for a chord distance of
172.68 feet to a Yi inch iron rod with cap set at the end of said curve,
8. s 74" 21' 37" E fOf a distance of 306.06 feel 10 a Y2 inch iron rod with cap sol for an angle point,
9. S 34 (, 01' 13' E for a distance of 95.30 foello a X Inch iron rod with cap set fOf an angle point.
to. S 11" 17' 45" E for a distance of 111.24 feel to a Y2 inch iron rod with cap set for an angle point,
11. S 03" 31' 59~ W for a distance of 750.02 feet to a % inch iron rod with cap sel for an angle point.
12. S 37'" 35' 2T W for a distance of 127,41 feet to a Y2 inch iron rod with cap set for an angle point.
13. S 14' 47' 44' W for a dislnnce 0{234.60 reel 10 a!h inch Iron rod with cap set for an angle point,
14. S 47" 30' 57' W for a distance of 123,40 fect to a Y, inch iron rod with cap set for an angle point,
15. S 37 c. 03' 56' W fOf a distance of 209.76 feel 10 a 1h inch iron fad wilh cap set for an angle point,
16. S 02& 46' OS" Wfor a distance of 145.99 feel 10 a % inch iron rod with cap set for an angle point,
17. SO, ... · 35' 45" W for a distanco of 300.57 feel to a Y2 inch iron rod with cap sel for an angle point,
1 B. S 44" 17' 46" W for a distance of 585.38 feel 10 a !IS inch iron rod with cap set for an angle pOint,
19. S (18" 10' 16" W for a distance of 323.98 feet to a Y, inch iron rod with cap set foran angle point,
20. S 24" 05' 51' W for a distance of 531.85 feet 10 a Y.1 inch iron rod with cap sel for an angle poinl,
21. S 10" 49' 38' W for a distance of 670.?G feel to a 'lrS inch iron rod with cap set for an angle point,
22. S 3G~ 37' 04" E fora distance of 171.81 feel 10 a )hinch iron rod with cap set for an angle point,
23. S 41 Q 14' 23" E for a distance of 40.00 fcet 10 a Yl inch iron rod wHh cap set for an angle point,
24. S 48" 45' 37' W for a distance of 29.23 feel 10 a Yz inch iron rod with cap sel atlhe beginning
of a curve to the right,
25. along said curve to the r;9111, an arc distance of 454.39 feel, said curve having Cl radius 0(570.00
feet, a centra! angle of 45° 40' 30' and a chord bearing of S 71 & 35' 44' W, for a chord distance
of 442 AG feel to a % inch iron rod with cap sel at the end of said clIFve,
26. N 85" 33' OS" W for a distance of 23.10 feet to a Yz inch iron rod with cap set althe beginning
of a curve to the right,
27. along said curve to lhe right, an arc distance of 23.55 fect, said curve having a radius of 15.00
ff.!et, a central angle of 89~ 59' 00" and a chord bearing of N 40& 33' 58' W, for a chord distance
Page 6 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 6
Exhibit I
Attachment number 12 \nPage 57 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARROI; IIILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
of 21.21 feel to a Yl inch iron rod with cap set althe end of said curve,
28. N 04" 26' 0 I" E for a distance of 149.78 feel to a 1h inch iron rod \vith cap sel for an angle point,
29. S 85" 33' 50' E for a distance of 150.00 feet to a X inch iron rod with cap set for all angle pOinl.
30. N 04" 26' 04~ E for a distance of 250.0 I feet fa a !Ii-Inch iron rod with cap set for an angle point.
31. N 11 e 06' 23" W for a distanco of 353.16 feet 10 a 1h inch iron rod with cap set for an anglo point,
32. N 66" 37' 35" W for a distance of 156.48 feet 10 a X inch iron rod with cap set for an angle point,
33. N 22" 29' 17' W for a distance of 108.00 feet 10 a Yl inch iron rod with cap set for an angle point,
34. N 14 u 23' 52' E for a dis lance of 105.33 feel 10 a Yz inch iron rod with cap set for an angle point,
35. N 34" 38' 51" E for a distance of 104.74 feel 10 a Y..inch iron rod with cap sot for an angle point.
36. N 43" 24' 02" E (or a distance of 92.12 feollo a !-'S inch iron rod with cap set for an angle point,
37. N 88" 03' 07' E for a distance of 43.24 feet to a Yl inch iron rod with cap sel fOf an angle poinl,
38. N 24'> 05' 54" E for a distance of 633.40 feel to a Yz inch iron rod with cap set for an angle point,
39. N 46" 22' 35" E for a distance of 461.01 feel to a }) inch iron rod with cap set for an angle point.
40. N 39" 37' 31" E for a distance of 294.94 feel to a YS Inch iron rod with cap set for an angle point.
41. N 06'" 13' 55" W for a distance of 157.16 feet to a Yl inch iron rod with CflP set for an angle point.
and
42. N 26" 45' 36" E for a dis lance of 307.47 feel 10 Ihe POINT OF BEGINNING and conlaining41.94
acres of land, and
TRACT"E"
COMMENCING at a y.. inch iron rod with cap found for the southwest corner of Lot 9 of 0 & N Builders
Tract, an un recorded subdivision, in WitHanlson County, Texas, being also the norlhwest corner of lot
8 of said 0 & N Builders Tract, and being in the east line of said 812.99 acre tracl;
THENCE, S 21" 17' 11" E, with the east line of said 812.99 acre Iract and tile west tine of said lot 8, for
a distance of 92.65 feet to a }'lInch Iron rod with cap set al the POINT OF BEGINNING and northeast
corner of Ihe herein described Iracl;
THENCE, continuing wiUllhe east line of said 812.99 ncre Iract and the westline of said LoIB, and with
Ille east line of the herein described tract, lhe fonowing three (3) courses:
1. S 21" 17' 11" E, fora distance of 998.30 feel 10 an iron rod found,
2. S 40'" 19' 5r E, for a distanco of 94.58 feel to an iron rod found, and
3. S 46<' 39' 28' E, for a distance of 182.74 feet to a y,. inch iron rod with cap set,
THENCE, departing the westline of said lol8 and over and across said 812.99 acre Irac(, \Vilh the east,
south, wesl and north lines of the herein described Irael, the follow;ng forty·lhree (43) courses:
1. S 68° 06' 03' W for a distance of 492.34 feet 10 a ~ inch iron rod with cap sel for an angle point,
2. S 00" 30' OS' W for a distance of 428.52 feel 10 a Yz inch iron (od Y/lih cap set for an angle point,
3. S 68<' 38' 17' W for a distance of 101.45 feet 10 a !Il inch iron rod with cap sel for an angle point,
4. S 63~' 09' or W for a distance of 80.61 fGello a ~ inch iron rod with cap set for an angle pain!,
Page 7 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 7
Exhibit I
Attachment number 12 \nPage 58 of 72
Item # L
GOLf COURSE IRRIGATION LAND
CIMARRON HILLS
F.N. 6154 (WDW)
AUGUST l, 7000
PBS&J JOB NO. 440190.002501
5. S 67" 10' 46' W for a distance of 183.80 feel to a 'V1 inch iron rod with cap set for an angle point,
6. S 37" 24' 06' W for a distance of 100.86 (eel 10 a % inch iron rod with cap set for an angle point,
7. S 10 0 57' 17' E for a distance of 125A4 feetio a!r$ inch iron (odwith cap set for an angle point,
8. S 20 G 47' IS' E for a distance of 782.68 feet to a % inch iron rod Ylith cap set for an angle poin!.
9 S 86 e
' 59' 35" E for a distance of 148.69 feet to a 'is inch iron rod with cap sel, for an angle point.
10. S 03" 36' 04~ W for a distance of 269.69 feet to a 1!J inch iron rod vlith cap set for an angle point.
11. S 2 r 57' S2~ W for a distance of 841.37 (eel to a Yz inch iron (od with cap set for an angle poin\.
12 S 49~ 11' 02" W for a dislance of 266.92 (eel 10 a lI:! inch iron rod with cap set for an angle point.
13. S 31" 12' 09" W for a distance of 416.63 feet to a Y.! inch iron rod with cap set for an <Ingle point,
14. S 8D~ 39' 10" E for a distance of 185.82 feet to a % inch iron rod with cap sel at Ihe beginning
of a curve to the right,
15. along said CUIVO to the righI, an arc distance of 38.89 feet, said curve having a radius of
69,974.51 feet, a central angle of ODe. 01' 55" anda chord bearing of S 08'-· 48' 56' W, (or a chord
distance of 38,89 feet to a ~ inch iron rod with cap sat al a pain! of compound cUlve to the rjgh!,
16. along said curve to Ihe right, an arc distance of 22.42 feel, said CUrve having a radius of 15.00
feel, acentml angle of 85··· 40' 12' and a chord bearing of S 51'"' 38' OS" W, for a chord dislance
of 20.39 feel 10 a y., inch iron rod with cap set al a point of reverse curve to Ihe lefi,
17. along said ClIrvC to Ihe left, an arc distance of 43.59 feet, said ClJrye having a radius of 275.23
feel,3 central ongle of 09" 04' 25" and a chord bearing of S 89'· 55' 02' W, for a chord distance
of 43.54 feet to a X inch iron rod wilh cap set at Ihe end of said curve,
lB. S 85" 22' 30' W for a distance of233.16 feel to a Yz inch iron rod with cap set al the beginning
of a curve to the righi,
19. along sa·ld CUfve to the right an arc distance of 389.03 feet, said curve having a radius of 570.01
feel, a central angle of 39<' 06' 16" and a chord of which bears N 75.0 04' 22" W for a chord
distance of 381.52 feet to a !tS inch iron rod with cap set a{ the end of said curve,
20. N 55" 31' 16" W for a distance of 134.52 feel to a X inch iron rod with cap set at the beginning
of a curve 10 Ihe righi,
21, along said curve to the right, an arc distance of 22.51 feet, said curve having a radills of 15.01
feel, a central angle of 85 0 56' 30' and 0 chord of which beors of N 12·' 30' 51' W, for a chord
distance of 20.46 fect to a !t21nch iron rod with cap set al a point of reverse curve 10 the left,
22. along saki curve 10 the left, an arc distance of 187.66 feci, said curve having a radius of 630.01
feel, a central angle of 17" 03' 59' and a chord bearing of N 21 ~ 56' 45' E, fOf a chord distance
of 186.96 feet 10 a Vi inch iron rod with cap sct allhe end of said curve,
23. N 13" 24' 47" E for a distance of 202,91 fcet to a YS inch iron rod INilh cap set for an angle point,
24. S 76'"' 35' 13" E for a dIstance of 152.05 feel to a }}Inch iron rod with cap sel (or an angle point,
25. N 77" 34' -18" E for a distance of 134.69 feel to a !h inch iron rod with cap sel for an angle point,
26. N 26" 42' 56' E for a distance of 577,95 feet to a ~ inch iron rod with cap set for an angle poinl,
27. /II 16"" 56' 02' E for a distance of 557.94 feet to a !h inch iron rod with cap set for an angle pOinl,
28. N 02" 57' 25" E for a distance of 1015.62 feet 10 a Y, inch iron rod with cap set for an angle point,
29. N 05~· 08' 39" W for a distance of 378.98 feel to a» inch iron rod with cap sct for an angle point,
Page 8 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 8
Exhibit I
Attachment number 12 \nPage 59 of 72
Item # L
GOLF COURSE IRRIGA T/ON LAND
CIMARRON HILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
30. N BBc, 50' 24~ W for a distance of 140.95 fcet to a !Ii inch iron rodwilh cap set for an angle pOint,
31. N 03" 09' 36~ E for a distance of 40.27 feel 10 a 14 inch Iron rod with cap set at the beginning of
a curve to the right,
32. (l/ong said cllrve to Ihe right, an arc distance of 320.69 foet, said CUf\'e haYing a radius of 569.94
feel, a central anglo of 32" 14' 19' and a chord of which bears N 19" 16' 44" E for a chord
distance of 316.48 faet to a % inch iron rod with cap set at the end of said clIrve,
33, N 34 ~ 59' 24" E for a distance of 71.83 feel to a !h inch iron rod with cap set at the beginning of
a curve 10 the righi,
34. along said curve 10 the righi, an arc distance of 125.65 feel, said curve having a radius of 574.44
feet, a central angle of 12" 31' 55' and a chord of which bears N 48" 50' 26' E for a chord
distance of 125.40 feet to a ~ inch iron rod with cap set at the end of said curve,
35. S 41 ~ 13' 4 r E (or a distance of 214.23 feel to a Y., inch iron rod with cap set for an anole pain!.
36. N 80" 09' 38' E for a distance of 177 .61 feet to a % inch iron rod with cap set for an angle point,
37. N 54" 08' 29' E for a distance of 177.68 feet to a X inch iron rod with cap set for an angle point,
38, N 23" 16' 1O~ E (or a distancQ of 175.11 foet to a X inch iron rod with cap sel for an angle pDinl,
39. N 23~ 17' 45" W for a distance of 794.20 feet to a !Ii Inch iron rod with cap set for an angle poinl,
40. N 59" 08' 58" W for a distance of 142.20 feet to a !Ii inch iron rod with cap set for an angle poinl,
41. N 30~ 50' 59" E for a distance of 239,79 feel 10 a }i inch iroll rod w1th cap set for an angle poinl,
42. S 45 c 33' 33' E for a distance of 318.15 feet to a '/z inch iron rod willi cap sel for an angle point,
and
43. N 68~ 44' 34~ E for a distance of 171.59 feel to tho POINT OF BEGINNING and containing 62 .63
acres of land, and
TRACT ICf"
COMMENCING al a iron rod found for the north\vest corner of said 812.99 acre Iract, being also the
northeast corner of thaI certain 121.21 flcre tract ofland as described in a deed 10 John F. & JeaneHe
l. Griffin, /II of record in Volume 2489, Page 651 of tile Deed Records of WIlliamson County, Texas, and
being in the soulh line of thai certain 170,00 acre trael of land as described in a deed to Stanley M. &
Carol R. Jensen of record in Volume 2179, Page 519 of the Deed Records of WIlliamson County, Texas;
THENCE, S 21 <' 11' 16" E, with the westline of saicl812.99 acre tract and tfle east line of said 121.21
acre Iract, for a dislance of 700.41 feel to a poinl;
THENCE, N 68'" 48' 44" E, departing the westline of said 121.21 acre tracl and over and across said
612.99 acre Iracl, for a distance of 73.69 feel 10 a Yz inch iron rod with cap sel altho POINT OF
BEGINNING of the herein described Iract;
THENCE, continuing over and across said 812.99 acre tract, wilh the nortll, east, south and .... 'esllines
of the herein described tracl, the following eighty (80) courses and distances;
1. N 70° 28' 14' E for a distance of 126.14 feel 10 a % inch iron rod with cap set,
2. N 36'~ 31' 38' E for a dislance of 60.18 feollo a}S inch iron rod wilh cap sel,
3. N 14 c' 08' 1 r W for a dislance of 308.48 feel 10 a X inch iron rod with cap sel,
4. N 35" 20' 02" E for a dis!80Ce of 198.98 (eel 10 a X inch iron rod with cap sel,
5. N 74" 21' SO' E for a distance of 420.70 feet 10 a Yl inch iron rodwilh cap sel,
Page 9 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 9
Exhibit I
Attachment number 12 \nPage 60 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARROI; IIiLLS
F.N. 6154 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
6. N 68 ~ 29' 53" E for a distance of 552.15 feet to a !t2 inch iron rod with cap set,
7. N 4r 48' 35' E for a distance of 190.99 feet to a Yz inch iron (od with cap sel,
8, N 69~ 56' 30' E for a distance of 38.40 feet to a ~ Inch iron rod with cap set.
9. S 61 ~ 02' 51" E for a distance of 64.84 feel 10 a y,. inch iron rod with cap set,
10. N 76° 52' 55" E for a distance of 1153.90 feet to a % inch iron fod with cap sel,
11. s sr 03' 29' E for a distance of 22'1.86 feet to a X Inch iron rod with cap set,
12. S 33" 03' 36' E for a distance of 356.69 feel 10 a X inch iron rod with cap set,
13. S 07" 41' OS' E for a distance of 89.96 feel to a %inch iron rod with cap sel,
14. S 44" 38' 38' E for a distance of 33.00 feet to a ~ inch iron rod with cap sel,
15. SOD" 36' 56" W for a distance of 26.99 feet to a Y, inch iron rod with cap sel.
16. S 20(' 58' 39" W for a distance of 41.84 feel If} a X inch iron rod with cap set,
17. S sr 46' 50' W for a distance of 125.46 feet If} a Yz inch iron rod with cap set,
18. S 13" 18' 57' E for a distance of 907.91 feet 10 a Y2 inch iron rod wilh cap sel,
19. S 61'" 19' 56< E for a distance of 152.19 feel to a ~ inch iron rod with cap set,
20. N 68" 59' 4U' E for a distance of 116.93 feet to a !h inch iron rod with Ct'lp set,
21. S 56~ 44' 05~ E for a distance of 81.95 feel to a !-S inch iron rod with cap set,
22. S 27'" 34' 51'" E for a distance of 51.21 feet 10 a!-S incl) iron rod with cap set,
23. N 67" 46' 31~ E for a distance of 163.74 feet to a y.. inch iron rod with cap sel in a curve to tile
right,
24. along said C\Hve, an arc dislance of 158.84 feet, said curve having a radius of 374.96 feel, a
central angle of 24'"-16' 20' and a chord bearing of S 20'" 54' 08" E, for a chord distance of
157.66 faet 10 a 112 inch iron rod with cap set al the end of said curve,
25. S 55" 47' 00' W for a distailCQ of 246.30 feet to a 0 inch iron rod with cap sel,
26, S 01" 00' 34' W for a distance of 124.89 feet to a Yo: inch iron rod with cap sel,
27. S 30" 50' 58· W for a distance of 117.63 feet to a Yo: inch iron rod wilh cap set,
28. S 59" 08' 57" E for a dislance of 127.82 feet to a 1;1 inch iron rod with cap sct,
29. S 30"" 51' 03' W for a distance of 56.64 feet to a X, inch iron rod with cap set,
30. N 59" 08' 56" W for a distance of 148.16 feet to a v.. inch iron rod wilh cap sel,
31. S 54 c" 23' 37" W for a distance of 164.97 feel to a Yz inch iron rod with cap sel,
32. S 72" 0 l' 42" W for a distance of 141.18 (eel 10 a !h inch iron rod with cap sel,
33. N 85(; 04' 04" W for a distance of 125.03 (eel 10 a y.. inch iron rod with cap set,
34. N 77~ 17' or W for a distance of 324.3 f (eel 10 a ~ inch iron rod with cap sel,
35, N 04~ 38' 34~ E for a distance of 230.54 feel 10 a !o'$ inch iron rod with cap set allhe beginning
of a curve \0 the lefl,
Page iO of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 10
Exhibit I
Attachment number 12 \nPage 61 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON I/ILLS
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
36. along sair, curve 10 Ihe lefl, an arc dis lance of 114.67 feel, said curve having a radills of 625.18
feel, a central angle of 10') 30' 32 and a chord bearing of N 00" 36' 56' W, for a cl10rd distance
of 114.51 feel 10 a % inch icon radwith cap set at the end of said curve,
37. S 64 '., 0 l' 56' E for a distance of 85.80 feel to a 1;} inch iron rod wHIl cap set.
38. S 71 0 25' Og" E for a distance of 141.4 7 feet to a !h inch iron rod with cap set,
39. N 20~ 15' 42~ W for a distance of 726.12 feol to a Yz inch iron rod with cap set,
40. N 64 ~ 26' or E for a distance of 160.10 feel to a !h inch kan rod with cap sel,
41. NOD" 54' 53" E for a distance of 485.45 reel 10 a ~ inch iron rod with cap set,
42. N 40" 40' 08' W (or a distance of 351.87 feet to a X lnch iron rod willl cap sot,
43. N 82 0 08' 24" W for a distance of 195.97 feel 10 a % inch iron rod wilh cap set,
44. N 87<' 09' 24" W for a distance of 386.05 (eella a % inch iron rod wilh cap set,
45. S Gr 16' 01' Wfor a distance of 80.21 feel 10 a 'h inch iron (ad with cap sel,
46. S or 51' 35" W fOf a dis tan co of 153.78 feel 10 a X inch iron rod wilh cap sel.
47. S 68 c' 16' 31' W for a dislance of 669.30 fect to a y.. inch iron fod Willl cap set,
48. S 87" 35' 08" W for a distance of 578.81 (eel 10 a X inch Iron rod wah cap set,
49. S 02~ 21' 56~ E for a dislance of 376.26 feet to a % inch iron rod with cap sel,
50. S 51'~ 37' 00' E for a distance of 144.70 feet to a Y.! inch iron rodwilh cap sel,
51. N 80" 05' 47' E for a distance of 258.71 feel 10 a X inch Iron rod with ~ap set,
52. S II ,. 45' 40" E for a ciistance of 294.13 feet to a Y2 inch iron rod with cap sel.
53. S 04'" DO' 03" E (or a distance of 554.39 feet to a !t) inch iron rod wilh cap set.
54. S 55" 22' 22~ E for a dislanco of 68.33 feel to a !I.? inch iron rod with cap set,
55. S n c
' 00' IS" E (or a distance of 89.53 feel to a ~ incll iron rod wilh cap set,
56. S 43° 31' 21" E fOf a distance of 429.99 feet 10 a Y2 inch iron rod with cap set,
57. S 43" 27' 26" E (or a distance of 541.53 leello a 'h inch iron rod with cap sel,
58. S 32" 59' 50" E for a distance of 732.61 reel 10 a !h inch iron rod wilh cap set,
59. S 55'" 08' 28' E for a distance of 84,58 feet to a '!Ii inch iron (od with cap set in a curve 10 the
right,
60. along said curve 10 the righi, an arc distance of 330.26 feel, said curve having a radius of 275.28
feet, a central angle of 68~ 44' 15' tHld a chord bearing of S 73~ 10' 52" W, for a chord distance
of 310.80 foello a Y2 inch iron rod with cap sel al tfle end of said curve,
61. N 15 0 58' 36" E for a distanco o( 116.04 reel 10 a Y; inch iron rod with cap sot (or an angle point,
62. N 49° 54' 45" W for a distance of 374.39 feel to a Yz inch iron radwilh cap set for an angle point.
63. S 16" 12' 49" W for a distance of 262.38 feel to a ~ inch iron rod with cap sel at the beginning
of a curve to the right,
64. along said curve to the righI, an arc disl8nce of 132.96 feet, said curve having a radius of
375.29 feel, a contra I angle of 20" 17' 57' and a chord be8ring of N 52' 41' 17' W, for a cl10rd
Page 11 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 11
Exhibit I
Attachment number 12 \nPage 62 of 72
Item # L
GOLF COUHSE IRRIGATION LAND
CIMARRON HILLS
F.N.6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
distance of 132.27 feci to a 'h inch Iron rod with cap set althe end of said curve,
65. N 42" 47' 02" W (or a distance of 119.53 feet to a Yz inch iron rodwilh cap set for an angle point,
66. N 47°' 13' 04' E for a distance of 232.97 feet \0 a Yz inch iron fadwilb cap set for an angle point,
67. N 51 ~ 53' 20' W for a distance of 306,37 feel to a Yz inch iron rod with cap sel for an angle po'mt,
68. N 61" 11' 13" W for a distance of 511.94 feel 10 a "h inch irot) rod with cap set for an angle poinl.
69. N 38" 03' 04' W for a dislance of 117,77 feel to a X inch iron rod with cap selfor an angle point
70. N 14" 56' 14" W for a distance of 572.55 feet to a Yz iron rod with cap set for an angle point,
71. N 73" 45' 44" W for a distance of 305.34 (eel 10 a Yo> inch iron rodwilh cap sel for an anglo point,
72. N 21" 12' 40" W for a distance of 30.85 (eetto a y., inch ifon rod with cap sel in a ClJrve to Ihe
lefl,
73. along said curve to the left, an arc distance of 33.16 feet, said curve having a radius of 420.22
feel, a cenlral <Ingle of 04'> 31' 16" and a chord bearing of N 23" 27' 42' W, for a chord distance
of 33. j 5 feel to a Yz inch iron rod with cap sel at Ihe end of said curve,
74. S 73" 45' 00' E for a distance of 189.68 feel to a Y2 inch iron rod with cap set for an angle pain!.
75. N 17° 10' 57" E for a distance of 46.30 feel 10 a Yz inch iron rod with Cap set for an angle point,
76, N 20~ 59' 54" W for a distanco of 244.07 feel 10 a !1 inch iron rod with cap sel for an angle poinl,
77. N 52" 15' 24' W for a distance Of381.90 feel 10 a ~ inch iron rodwilh cap set for an angle point,
78. S 46" 23' 18' W for a distance of 149.70 feel 10 a Yz inch iron rod with cap set in a curve 10 the
right,
79. along said curYe to the right, an arc distance of 81.81 feel, said curve having a radiUS of 275.00
feel, a central angle of 11" 02' 43" and a chord bearing of N 28'" 03' Og" W, for a chord distance
of 81.51 feet 10 a !Ii inch iron rod with cap set althe end of said curve, and
80. N 19 0 31' 47' W for a distance of 314.24 feel 10 the POINT OF BEGINNING and containing
73.92 acres of hmd, and
TRACT"G!!
COMMENCING al a v., inch jron rod (ound forthe southeast corner or said 812.99 acre tract, being also
the southwest corner of thai certain 37.995 acre lract of land as described in a deed to H. H. Rothel! of
record in Volunle 649, Page 607 of the Deed Records of Williamson County, Texas, being also in Ihe
northerly fine of Slate Highway 29, a 100 foot wide right-or-way and belnglhe southeast corner of the
herein described tract;
THENCE, N 82" 26' 24" W, with the south line of said 812.99 acre tract, the north line of said Slate
Highway 29 righl-ot-way and the soulh line of the herein described I(ncl, for a distance of 4103.66 feel
to a point;
THENCE, N or 33' 36° E, departing Ihe north line of said Siale Highway 29 righl-of-way and over and
across said 812.99 acre tract, fOf a distance of 415.28 feel 10 a 11;. inch iron rod with cap sel for the
POINT OF BEGINNING and Ihe southwesl corner of the herein described tracl;
THENCE, continuing oyor and across said 812.99 acre f«lCI the following thirteen (13) courses:
1. N 22 c
' 03' 30' W for a distance of 329.14 feet 10 a Yo> inch iron rod with cap set for an angle point,
2. N 14 <' 07' 48' E for a (iislance of 451.41 foelto a Yz inch iron rod \0tl1 cap set for an angle poJnt,
Page 12 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 12
Exhibit I
Attachment number 12 \nPage 63 of 72
Item # L
GOLF COURSE IRRIGATION LAND
CIMARRON HILLs
F.N. 6154 (WOW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.002501
3. N 47" 33' or E for a distance of 300.00 feet to a 112 inch iron rodwilh cap set for an angle pair)!,
4. S 88" 51' 40" E for a distance of 923.56 feet 10 a Vz inch iron rod with cap set (or an angle point.
5, S 31 u 31' 23~ E for a distance of 87.66 feel to a Yl inch iron rod with cap set (or an angle point,
6. S 21'" 14' 43" W for a distance of 532.09 reel to a ~ inch iron rod with cap sel in a curve to the
lefl,
7. along said curve to the left, an (lrc distance of 76.07 feet, said curve having a radius of 430.24
feel, a cent cal angle of 10" aT 49' and a chord of which bears S 85" 10' 09' W for a chord
distance of 75.97 feel 10 a 1h inch Iron rod with cap set at Ihe end of said curve,
8. S ao~ 06' 15" W for a distance of 200.58 feel to a % inch Iron rod wilh cap sal at the beginning
of a curve to the lefl,
9. along said curve to the left, an arc distance of 239.86 feel, said curve having a radius of 730.35
feel, a central angle of 18" 49' 00' and a chord of which bears S 70" 41' 24" W for a chord
distance of 238,78 feet to a ~ inch iron rod with cap set at the end of said curve,
10, S61° 16' 34' W for a distance of388.87 foet to a Yz inch lron rodwilh cap set at the beginning
of a curvc to the right,
11. along said curvc to the right an mc distance of '\6,68 feel, said curve having a radius of 15.00
feet, a central angle of 63° 42' 04' and a chord of which bears N 8Go 52' 07' W for a chord
distance of 15.83 feel 10 a Yz inch iron rod with cap set at a point of reverse curve 10 the lefl.
12. along said curve to the leH, an arc distance of 124,21 feel, said curve having a radius of 85.0 1
feet, a cenlral angle of 83° 42' 52' and a chord of which bears S 83~ 07' 29' W for a chord
distance of 113.45 (eel to a y.. inch iron rod with cap set at a pOint of reverse curve 10 the righI,
and
13. along said curve to the right, an arc dislance of 16.56 (eel, said curve having a radius of 15.00
feel, a central angle of 63 0 15' 30' and a chord of which boars S 72 u 53' 48" W for a chord
disiance of 15.73 feel to the POINT OF BEGINNING and conlaining 18.87 acres of land
Bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 1983
Convergence ~ 01"21'21'.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That It William O. Warrick, a Registered Professionnll.and Surveyor, do hereby state that the
above description is true and correct to the besl of my knowledge <lnd belief and that the property
described herein was determined by a survey made on the ground dLlringApril, 2000 under my direction
and supervIsIon.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas Ihis the r' day of Augusl,
2000,AD.
P8S&J
P,O. Box 162690
Austin, Texas 78716-2690
~,;), /t/?t-:}:-Uf'i
William D. Warrick
Registered Professional land Surveyor
No. 4426 M Slate of Texas
Pago 13 of 13
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 13
Exhibit I
Attachment number 12 \nPage 64 of 72
Item # L
ACCESS EASEMENTS
CIMARRON HILLS
F,N,GI69 (WOW)
AUGUST 7, 2000
PBS&J JOB NO, 440190,00 2501
DESCRIPTION OF SIX (6) TRACTS OF LAND, A 0.08 ACRE TRACT, HEREIN CALLED ACCESS
EASEMENT NO, I, A 0,30 ACRE TRACT, HEHEIN CALLED ACCESS EASEMENT NO, 2, A 0.97
ACRE TRACT, HEREIN CALLED ACCESS EASEMENT NO, 3, A 0,08 ACRE TRACT, HEREIN
CALLED ACCESS EASEMENT NO, 4, AO,07 ACRE TRACT, HEREIN CALLED ACCESS EASEMENT
NO, 5 AND A 0,07 ACRE TRACT, HEREIN CALLED ACCESS EASEMENT NO, 6, ALL SITUATED IN
THE A H. PORTER SURVEY,ABSTRACT, BEING PARTS OF THAT CERTAIN CALLED 812,99ACRE
TRACT OF LAND AS DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN
VOLUME 2148, PAGE 318 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
ACCESS EASEMENTS 1, 2, 3, 4 AND 5 BEING DESCRIBED BY METES AND BOUNDS AS
FOllOWS:
ACCESS EASEMENT NO, 1
COMMENCING at an iron rod found (or an ell corner in the east line of said 812.99 acre Iracl and being
the northwest corner of thai certain 274.53 acre Iract of land as doscrihed in a deed to The Rathel!
Family Limited Partnership, of record in Volume 2527, Page 28 of tile Deed Records of Williamson
County, Texas;
THENCE, S 14" 04' 56' W, deparling lhe northwest corner of said 274.53 acre tract, and over and
across said 812.99 acre lract, for a distance of 2606.42 feet to the POINT OF BEGINNING and the
northeast corner of the herein described Iracl;
THENCE, continuing over and across said 812.99 acre tract, with the east, soulll, west and norHllines
of the herein described tract, Ihe following four (4) courses:
1. S 04" 37' 30" E, for a distance of 60.00 feet to the southeast corner of the herein described tracl,
2. S 85"' 22' 33~ W for a distance of60.00 feet to the southwest comerof the herein described Iracl.
3. N 04 ~ 37' 30' W for a distance of 60.00 feel 10 the northwest corner of the herein described tracl,
and
4. N 85" 22' 30' E for a distance of 60.00 feet 10 Ihe POINT OF BEGINNING and containing 0.08
acres of land, and
ACCESS EASEMENT NO, 2
COMMENCING at an iron rod fOLlnd for the southwest corner of said 812.99 acre tract, being also lhe
southeasl corner of that certain 8.81 acre tract of land as descfibed in a deed 10 GC&E SeNicss, Inc.
of record In Volume 2621, Pags 136 of Ihe Deed Records of Williamson COllnty, Texas and being in the
north line of State Highway 29, a 100 fool wide right-of-way;
THENCE, N 47" 01' 11' E, departing Ihe norih line of said State Highway 29 and over and across said
a12.99 acre Iracl, for a distance of 1598.86 feel to the POINT OF BEGINNING and beIng Ihe northwest
comer of the herein described Iracl;
THENCE, continuing oYer and across sa'ld 812.99 acre tracl, with Ihe north, east, south and west lines
of the herein described tract, the fOHowing five (5) courses:
1. along a curve to Ihe left, an arc distance of 30.82 feel, said curve having a radius of 630.00 feet,
a central angle of 02" 48' 09' and a chord of which bears N 50'0 09' 34" E for a chord distance
of 30.81 feollo the end of said cUlve,
2. N 48" 45' 38" E for a distance of 29.23 feet to the flol1heasi corner of the herein described tract,
3. S 42"-27' 26" E for a distanco of 198.27 feet to Ihe southeast corner of the herein described tracl.
4. S -14" 10' 43" W (or a distance of 71.84 feet 10 the southwest corner of the Ilerein described tracl,
and
Page I
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 14
Exhibit I
Attachment number 12 \nPage 65 of 72
Item # L
ACCESS EASEMENTS
CIMARRON HILLS
F.N. 6169 (WDW)
AUGUST 7, 2000
PBSSJ JOB NO. 440190.00 250 I
5. N 42' 27' 26" Wfor adislanc. of239.81 feel 10 Ihe POINT OF BEGINNING and conlaining 0.30
acres of land, and
ACCESS EASEMENT NO, 3
COMMENCING at an iron rod found for Ihe southeast corner of said 812.99 acro tract, being also the
southwest corner of that c~rtain 37,995 acre Iract of land as described in a deed 10 H. H. Rathel! of
record in Volume 649, Page 607 of llle Deed Records of Williamson County, Texas and being in the
north line of Slate Highway 29, a 100 foot wide right-of-way:
THENCE, N 49" 40' 55' W, departing the north line of said Slale Highway 29 and over and across said
812.99 acre tracl, for a distance of 1317.12 feet 10 Ihe porNT OF BEGINNING and being the southeast
corner of the hereill described Iract;
THENCE, continuing oyer and across said S12,99 acre tract, with tho SQuth, west, north and east lines
of tho herein described tracl, the following six (6) courses:
1. S 77" 00' 47" W for a distance of 5.28 feel 10 the beginning of a curve to tile right,
2. along said curve to tile right, an arc distance of 54.84 feel, said curve having a radius of 325.00
feet, a central angle of 09 0 40' 20' and a chord of which bears N 81" 50' 41" E for a chord
distance of 54.78 feel to the southwest corner of the herein described Iract,
3. N 06" 30' 19" W for a distance of 50.09 feel to the northwest comer of tile herein described tracl
and being in a curve 10 tile left,
4. along said curve to the left, an arc distance of 49.19 feet. sa'ld curve having a radius of 275.00
feel a central angle of 10" 15' 3S" and a chord bearing of N 82~ OS' 14" E for a chord dis\nnce
of 49.12 feet to the end of said curve,
5. N 71" 00' 49' E for a distance of 10.96 fee! to the northeast corner of the herein described tracl,
and
6. S 06 C 30' 19' E for <l distance of 50.32 feel 10 the POINT OF BEGINNING and containing 0.07
acres of land, and
ACCESS EASEMENT NO.4
COMMENCING al an iron rod found for Ille southeast corner of said 812.99 acre tract, being also the
southwest corner of thai certain 37,995 acre tracl of land as described in a deed 10 H. H. Rothell of
record in Volume 649, Page 607 of the Deed Records of Williamson County, Texas and being in the
north line of State Highway 29, a 100 foot wide rigllt-of-way;
THENCE, N 69 0 55' 15~ W, departing the norlh line of said Slate Highway 29 and over and across said
812.99 acre tracl, for a distance of 3451.80 feel to the POINT OF BEGINNING and being the southeast
corner of the herein described Iract;
THENCE continuing over and across said 812.99 acre tracl, with the soulh, west, north and east lines
of tne herein described tract, Ihe following six (6) courses:
1. S SO'" 06' 0 I" W for a distance of 51.89 feel to the begillning of a curve to Ihe righI,
2. along said clirve to tile right, an arc distance of 8.11 feet, said curve having a radius of 670.00
feet, a cenlml angle of 00" 41' 37" and a chotd of Which bears S 79'" 45' 21" W for a chord
distance of 8.11 feet to the southwest corner of the herein described Iract,
3. N Og" 53' 46" W for a distance of 60,01 feel 10 Ihe northwest cOrnet of Ihe herein described Irdcl
Page 2
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 15
Exhibit I
Attachment number 12 \nPage 66 of 72
Item # L
ACCESS EASEMFNTS
CIMARRON HILLS
and being in a curve 10 the leH,
F.N. 6169 (WDW)
AUGUST 7, 2000
PBS&J JOB NO. 440190.00 2501
4. along said curve to the left , an arc distance of 8.11 feel, said curve having a radius of 730.00 feel
a central angle of 00" 38' 10' and a chord bearing of N 79" 46' 50' E for a chord dist.mea of 8.11
feet to the end of said curve,
5. N 80~ OS' 14~ E for a distance of 51.89 feet to the northeast corner of the herein described tract,
and
6. S 09<> 53' 46" E for a distance of 60.00 feet to Ihe POINT OF BEGINNING and coni<iining 0,08
acres of land, and
ACCESS EASEMENT NO.5
COMMENCING al an iron rod found for the southwest corner of said 812,99 acre tracl, being also the
southeast comer of Ihal certain 8.B I acre tract of land as described in a deed to GC&E Services, Inc,
of record in Volume 2621, Page 136 oflho Deed Records of Wliliamson County, Texas and being in Ihe
north line of Slale Highway 29, a 100 fool wide right-or-way;
THENCE, N 30° 15' 56" E, deparling the north line of said Slale Highway 29 and over and across said
812.99 acro lrael, for a distance of 1297.29 feet to the POINT OF BEGINNING and being the southwest
cOiner of thO herein described Uaet;
THENCE, continuing over and across said 812.99 acre iracl, with Ihe west, north, east and soulh lines
of tho herein described lracl, the following five (5) courses:
1. N 04" 2S' 53' E for a distance 0(60.00 feet to Ihe northwest corner of the herein described tract,
2. S 85" 33' 5r E for a distance of 50.00 feet to llle nor1heast cornor oflhe horejn described tracl,
3. S 04 v 26' 0 I" W for a distance of 60.00 feel to the southeast corner of the herein described Iracl,
and
4. N 85" 33' 57' W for a distance of 50.00 feet to Ihe POINT OF BEGINNING and containing 0.07
acres of land, and
ACCESS EASEMENT NO.6
COMMENCING al an iron rod found for an ell corner in Ihe west line of said B 12.99 acrelract and being
the southeast corner of thai certain 98.30 acre tract of land as described in a deed to Millon lee & Judy
Marie Owen, Jr. of record in Volume 2208, Page 603 of the Deed Records ofWi!liamson Counly, Texas;
THENCE, N 33~' 40' 54' E, departing Ihe southeast corner of said 98.30 acre tracl, and over and across
said 812.99 acre tract, for a distance of 1693.58 feet to the POINT OF BEGINNING and being the
southeast corner of the herein described tract;
THENCE, continuing over and across said 812.99 acre tracl, with the south, west, north, and east lines
of the herein described tract, the following four (4) courses:
1. N 62" 09' 48" W (or a distance of 53.BO feet to the southwest corner of Ihe herein described Iract
and being in a Cllrve to the left,
2. along said Cllrve 10 Ihe left, an arc distance of 60.12 feet, said curve having a radius of 275.00
feel, a central angle of 12" 31' 33~ and a chord of which bears N 45<> 04' 08" E for a chord
distance of 60.00 feel to Ihe norlhwest corner of the herein described tract.
Page 3
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 16
Exhibit I
Attachment number 12 \nPage 67 of 72
Item # L
ACCESS EASEMENTS
CIMARRON HILLS
F.N. 6169 (WOW)
AUGUST 7,2000
PBS&J JOB NO. 440190.00 2501
3. S 63 ~ 05' 0 I~ E for a distance of 50.92 feel to the northeast corner of the herein described tract
and being In a curve to the righl, and
4. along said curve 10 the right, an arc distance of 60.09 feet. said curve heWing a radius of 325.00
feel, a central angle of 10" 35' 40' and a chord of which bears S 42" 11' 56" W for a chord
dislance o[ 60.00 [eel 10 Ihe POINT OF BEGINNING and conlaining 0.07 acres o[ land.
Bearings are based on Ihe Texas Siale Plane Coordinate System, Cenlral Zone, NAD 1983
Convergence:; 01"21'2r.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
Thall, William D. Warrick, a Reo'islered Professional Land Surveyor, do hereby state thai the
above description is true and correct to Ihe besl of my knowledge and bolief and thailhe properly
described herein was determined by a survey made on the ground during July and August, 2000 under
my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the t, day of August,
2000, A.D.
PBS&J
P.O. Box 102690
Austin, Texas 78716-21390
/{litit~~ /.J .I~"V/U'(
William D. Warrick
Registered Professional land Surveyor
No. 4426· Siale of Texas
Page 4
EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 17
Exhibit I
Attachment number 12 \nPage 68 of 72
Item # L
SCALE: 1"=300'
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EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 18
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EXHIBIT A GOLF COURSE AND ACCESS POINTS PAGE 19
Exhibit I
Attachment number 12 \nPage 70 of 72
Item # L
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Termination of License Agreement
Page 1
AGREEMENT FOR TERMINATION OF
LICENSE AGREEMENT
This Agreement for Termination of License Agreement (“Termination Agreement”) is by and
between the City of Georgetown, a Texas home rule municipality (“City”), and Cimarron Hills
Development, L.L.C., an Arizona limited liability company (“Cimarron”).
RECITALS
WHEREAS, on August 8, 2000 the City and Cimarron’s predecessor in interest, Paloma
Cimarron Hills, a Texas limited partnership (“Paloma”) entered into a License Agreement (the
“License Agreement”) pertaining to the use by Paloma of certain property (the “Effluent Pond
Site”) to be conveyed by Paloma to the City of Georgetown for effluent holding pond purposes,
and allowing for non-conflicting use of the Effluent Pond Site by Paloma for golf course
purposes.
WHEREAS, Paloma did not convey the Effluent Pond Site to the City, and since the execution
of the License Agreement, Cimarron has acquired the rights to the Effluent Pond Site that is the
subject of the License Agreement.
WHEREAS, Cimarron and the C ity have determined that the Effluent Pond Site shall be leased
by Cimarron to the City. As a result thereof, the City and Cimarron desire to terminate the
License Agreement for all purposes.
NOW, THEREFORE, for good and in consideration of the promises and the mutual agreements
set forth herein, the City and Cimarron hereby agree as follows:
AGREEMENT
1. Cimarron represents and warrants that it has acquired the License Agreement together
with and including all of Paloma’s right, title and interest in, to and under the License
Agreement.
2. Cimarron and the City agree that the License Agreement is hereby terminated for all
purposes, and shall be of no further force or effect.
This Termination Agreement and its execution by the Mayor, Mayor Pro Tem o r the City
Manager or was approved and authorized by the City Council of Georgetown on October 23,
2012 (the “Council Approval Date”), to be effective on the Council Approval Date.
Attachment number 13 \nPage 1 of 3
Item # L
Termination of License Agreement
Page 2
CITY:
CITY OF GEORGETOWN, a Texas home rule
municipality
By:
George G. Garver, Mayor
Date:
ATTEST:
By:
Jessica Brettle, City Secretary
CIMARRON:
CIMARRON HILLS DEVELOPMENT, L.L.C., an
Arizona limited liability company
Cimarron Hills 2009, LP, its Governing
Person
Cimarron TX 2009, LLC, its General
Partner
By:
Name:
Title:
Date:
Attachment number 13 \nPage 2 of 3
Item # L
Termination of License Agreement
Page 3
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by George G. Garver, Mayor of the City of Georgetown, Texas, a home-rule city, on
behalf of the City.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of _________________,
2012, by ________________________, _______________________ of Cimarron Hills
Development, L.L.C., an Arizona limited liability company, on behalf of said limited liability
company.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
Attachment number 13 \nPage 3 of 3
Item # L
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Public Hearing and possible action on a Consent Agreement between the City of Georgetown and
Cimarron Hills Development, L.L.C. and the Williamson County Municipal Utility District No. 26
(upon creation) known as Cimarron Hills -- Micki Rundell, Chief Financial Officer and Bridget Chapman,
Acting City Attorney (action required)
ITEM SUMMARY:
This Consent Agreement allows for formation of a Municipal Utility District (MUD) in the Cimarron Hills
Development. The Consent Agreement accompanies the Amended and Restated Development Agreement.
Key provisions of the Consent Agreement include:
Administrative Fee in the amount of $50,000 to be paid to City, with $25,000 paid by the Developer
within 60 days following the Effective Date and the remaining $25,000 paid by the Developer on the
first anniversary of the Effective Date
Master Development Fee in the amount of $1,618,194.68 to be paid to the City from MUD bond
issues
Staff Recommended Motion:
Approval of the Cimarron Hills Consent Agreement.
Attachments:
Consent Agreement
FINANCIAL IMPACT:
SUBMITTED BY:
Micki Rundell, Chief Financial Officer and Bridget Chapman, Acting City Attorney
ATTACHMENTS:
Cimarron Hills Consent Agreement_Final
Cover Memo
Item # M
1
CONSENT AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This Consent Agreement (“Agreement”) is between the City of Georgetown,
Texas (“the City”), a home-rule city located in Williamson County, Texas, and
Cimarron Hills Development, L.L.C., an Arizona limited liability company (the
“Developer”). Upon final creation of Williamson County Municipal Utility District
No. 26, a municipal utility district to be created under Chapters 49 and 54 of the
Texas Water Code (the “District”), the Distr ict will join in this Agreement and be
bound by certain of the provisions.
RECITALS
WHEREAS, Developer is the owner of approximately 371 acres of land out of
that certain property consisting of approximately 376.12 acres of Land being more
particularly described in Exhibit “A” attached hereto (the “Land”),
WHEREAS, the City and Paloma Cimarron Hills, L.P. (“Paloma”), the
predecessor-in-interest to the Developer, entered into that certain “Development
Agreement Concerning Proposed Subdivision and Con struction of Cimarron Hills
Subdivision” dated February 24, 2000 and recorded as Document No. 2000012127
of the Official Property Records of Williamson County, Texas (the “Original
Development Agreement”), and subsequently amended by the following: (i) that
certain “First Amendment to Development Agreement Concerning Proposed
Subdivision and Construction of Cimarron Hills Subdivision” dated August 8, 2000
and recorded in the Official Property Records of Williamson County as Document
No. 2000052343 (the “First Amended Original Development Agreement”); and (ii)
that certain “Second Amendment to Development Agreement Concerning Proposed
Subdivision and Construction of Cimarron Hills Subdivision” dated March 21, 2012
and recorded in the Official Property Record s of Williamson County as Document
No. 2012020883 (the “Second Amended Original Development Agreement”);
WHEREAS, on even date herewith, the City and the Developer have entered
into that certain “Third Amended and Restated Development Agreement Concerning
Cimarron Hills Subdivision” (the “Development Agreement”), which supersedes and
replaces the Original Development Agreement, the First Amended Development
Agreement and the Second Amended Original Development Agreement for all
purposes;
WHEREAS, the City and Developer have reviewed Section 13.10 of the City’s
Unified Development Code pertaining to “Creation of Special Districts” and have
determined that the development project to be undertaken on the Land qualifies for
creation of a municipal utility district;
Attachment number 1 \nPage 1 of 50
Item # M
2
WHEREAS, the Developer desires to create a municipal utility district to
encompass certain real property within the Land, and the City has consented to the
creation of the District and inclusion of the Land therein in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, including the agreements set forth below, the
Parties agree as follows.
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. In addition to the terms defined elsewhere in
this Agreement or in the City’s ordinances, the following terms and phrases used in
this Agreement will have the meanings set out below:
Agreement: This Consent Agreement between the City o f Georgetown,
Texas, and the Developer.
Assignee: A successor to Owner as defined in Section 1.01 of this Agreement.
Bond: Bonds, notes, or other obligations, including refunding or refinancing
of same, issued or reissued by the District.
City: The City of Georgetown, Texas, a home rule city located in Williamson
County, Texas.
CTSUD: Chisholm Trail Special Utility District.
Developer: Cimarron Hills Development, L.L.C., or its permitted successors
and assigns under this Agreement which designation shall be used synonymously
with Owner.
Development Agreement: The Amended and Restated Development
Agreement by and between the City and the Developer dated to be effective on even
date herewith.
Effective Date: The latest date accompanying the signature lines below.
District: Williamson County Municipal Utility District No. 26 (or a municipal
utility district of another name) to be created, with the City’s consent, over the Land.
Land: Approximately 376.12 acres of land located in the City’s
extraterritorial jurisdiction described by metes and bounds on Exhibit A.
Attachment number 1 \nPage 2 of 50
Item # M
3
Offsite Facilities: Water, wastewater, and drainage facilities, and roadway
facilities, located outside of the Land.
On-Site Facilities: All water, wastewater, and drainage facilities, and
roadway facilities, internal to the Land that are necessary to serve the Land.
Owner: Cimarron Hills Development, L.L.C, or its permitted successors and
assigns under this Agreement, which designation shall be used synonymously with
Developer.
Paloma: Paloma Cimarron Hills, L.P., the predecessor -in-interest to the
Developer.
PID: the Cimarron Hills Public Improvement District created pursuant to
Resolution No. 200808-S passed by the City Council of the City of Georgetown on
August 8, 2000.
Related Agreements: The following agreements by and between City and
Developer: (1) the Development Agreement; (2) the Amended and Restated Lease
Agreement; and the (3) Reclaimed Water Agreement.
TCEQ: Texas Commission on Environmental Quality, or its successor agency.
Updated Service and Assessment Plan: The service and assessment plan
passed and approved by the City on October 23, 2012 by Ordinance No. ____________.
Wastewater Treatment Plant: The Cimarron Hills Wastewater Treatment
Plant and associated disposal facilities previously constructed by Paloma.
ARTICLE II
Section 2.01 Consent to Creation of District.
a. The Developer shall submit to the City a satisfactory review of the
Developer’s financial position, certified by a third party analyst approved by the
City, within thirty (30) days after the Effective Date.
b. The City acknowledges receipt of the Developer’s request, in
accordance with Section 54.016 of the Texas Water Code, Section 42.042 of the
Texas Local Government Code, and Section 13.10 of the City’s Unified Development
Code (“UDC”) for creation of the District over the Land. The City agrees that the
District may be created by order of TCEQ or by special act of the Texas Legislature.
On the Effective Date of this Agreement, the City has approved the resolution
attached as Exhibit B, consenting to the inclusion of the Land within the boundaries
of the District. The City agrees that the Resolution will be deemed to constitute the
City’s consent to the creation of the District within its extraterritorial jurisdiction,
Attachment number 1 \nPage 3 of 50
Item # M
4
and the inclusion of the Land into the District . No further action will be required on
the part of the City to evidence its consent to the creation of the District and
inclusion of the Land into the District; however, the City agrees to provide any
additional confirmation of its consent that may be required by the Developer or the
District if requested to do so.
b. At least thirty (30) days prior to submission of a creation application
to the TCEQ for the District or introduction of legislation, Developer agrees to
submit to the City a draft of the creation application (or legislation, as applicable)
and all supporting documents. The City shall be entitled to review and request
additional information about each individual designated as an initial director of the
District.
c. At least ten (10) days before the date of the election for confirming
the creation of the District, the Developer must:
(i) Pay all remaining PID assessments (approximately $1,686,072) levied
on Phase Three, Section Two of the Original Project prior to recordation of
the replat for such lands; and
(ii) Pay all remaining PID assessments (approximately $468,499) levied
on Phase Three, Section Three of the Original Project prior to recordation of a
final plat for such lands; and
(iii) Pay all remaining PID assessments (approximately $2,567,140) for all
lands in Benefit Area II (excluding the golf course).
The terms used in this subsection that are not defined in this Agreem ent shall have
the meaning set forth in the Updated Service and Assessment Plan.
d. The conveyance, from time to time, by metes and bounds or otherwise
of any portion of the Land to any person for the sole purposes of qualifying as a
director of the District shall not be considered a subdivision of land requiring a plat
or otherwise requiring the approval of the City; provided, however, that no
additional structure, other than a HUD-certified manufactured home necessary for
the creation or administration of the District, shall be located on the Land unless and
until a plat of such portion of the Land has been approved by the City and recorded
in the plat records of Williamson County.
e. Developer agrees that as consideration for the City’s consent to the
creation of the District, it will not seek, petition, or consent to the creation of any
other special taxing or assessment jurisdiction over the Land. The foregoing
covenant shall not be construed to prevent the continued inclusion of that portion of
the Land described and defined as the “Original Project Lands” in the Updated
Service and Assessment Plan.
Attachment number 1 \nPage 4 of 50
Item # M
5
f. The District shall not be authorized to exercise the power of eminent
domain to acquire any interest in property that is located outside the bounda ries of
the District except when such power is exercised upon the express written consent
of the City, at the City’s sole discretion.
g. Owner covenants and agrees to cause the District to approve, execute
and deliver to the City this Agreement within ni nety (90) days after the District
confirmation date.
Section 2.02 Master Development Fee. As additional consideration for
this Agreement, the Developer will pay the City an Administrative Fee and a Master
Development Fee as follows:
a. Administrative Fee: An Administrative Fee of FIFTY THOUSAND
DOLLARS ($50,000.00) shall be paid to the City by the Developer as follows: (a) the
Developer will pay TWENTY FIVE THOUSAND DOLLARS ($25,000) to the City on or
before the 60th day following the Effective Date; (b) the Developer will pay TWENTY
FIVE THOUSAND DOLLARS ($25,000) to the City on or before the first anniversary
of the Effective Date. The City shall have the right to use the Administrative Fee as
the City in its sole discretion determines.
b. Master Development Fee: A Master Development Fee equal to ONE
MILLION SIX HUNDRED EIGHTEEN THOUSAND ONE HUNDRED NINETY FOUR
DOLLARS AND SIXTY EIGHT CENTS ($1,618,194.68), shall be paid to the City out of
the net Developer reimbursement from the proceeds from th e issuance of bonds by
the District at the rate of 15% of each net bond reimbursement received by the
Developer from the District, in accordance with the formula attached hereto as
Exhibit E. Notwithstanding the foregoing, the Developer and the District agree that
the full amount of the Master Development Fee must be paid to the City no later
than the date specified in Section 5.11 of this Agreement (the “MDF Due Date”);
therefore, the percentage from the final net bond reimbursement prior to the MDF
Due Date is subject to increase as the City may determine. The District and the
Developer shall ensure that each installment payment will be paid to the City in
conjunction and simultaneously with the Developer’s reimbursement from the
bonds. The Developer will make each installment payment due out of bond
proceeds to the City within 45 days of receipt of the bond reimbursement upon
which the fee is calculated.
Section 2.03 Annexation by the City.
a. The Parties acknowledge and agree that the Land lies wholly within
the City’s extraterritorial jurisdiction (“ETJ”). The Parties further acknowledge and
agree that the creation of the District, and the City’s consent thereto, are for
purposes that include promoting the orderly development and extension of C ity
services to the Land upon annexation.
Attachment number 1 \nPage 5 of 50
Item # M
6
b. In furtherance of the purposes of this Agreement, the District and the
Developer, on behalf of themselves and their respective successors and assigns,
covenant and agree that, except upon written consent of th e City, neither the District
nor the Developer will: (1) seek or support any effort to incorporate the Land or
any part thereof; (2) sign, join in, associate with, or direct to be signed any petition
seeking to incorporate the Land or seeking to include t he Land within the
boundaries of any other special district, assessment jurisdiction, other municipality,
or any other incorporated entity other than the City. The foregoing covenant shall
not be construed to prevent the continued inclusion of that portion of the Land
which is already in the PID in the District.
c. Within thirty (30) days after the District confirmation date, the
District shall file in the real property records of Williamson County: (i) a notice in
the form required by Section 49.452 of the Texas Water Code, as amended; and (2) a
notice in the form of Exhibit C, attached hereto stating the extent of City services
and that the City has the right to annex the Land subject to the limitations of this
Agreement.
d. Developer and the District agree to cooperate with and assist the City
in the annexation of one or more areas in the manner prescribed by law, each of
which areas shall not exceed the minimum width limitations imposed by law, as
reasonably necessary for the City to connect areas t o the City that are outside the
District and that the City intends to annex. The City consents and agrees that such
areas shall be located within rights of way or along lot lines whenever possible.
Notwithstanding the zoning approved for the annexed area, such area can be
developed and used in accordance with the Development Agreement.
e. The City agrees that it will not annex any of the Land until (1) the
expiration or termination of this Agreement between the City and the District, or (2)
the completion of at least 90% of the construction of the public infrastructure
necessary to serve the Land with water, wastewater, drainage facilities, road
improvements, and other facilities eligible for reimbursement under the rules of
TCEQ or other law, and either (i) Bonds have been issued by the District in a total
amount equal to the Bond Limit Amount (as that term is defined in Section 5.02 of
this Agreement) in accordance with the rules of the TCEQ, or (ii) the City has
expressly agreed to assume the obligatio n to reimburse the Developer under the
TCEQ rules (and as otherwise may be authorized by any legislation approving
creation of the District). On annexation, the City shall assume the obligations of the
District, including the obligation for the payment of the District’s outstanding debt
obligations. DEVELOPER, DISTRICT AND ALL FUTURE OWNERS OF THE LAND
(INCLUDING END-BUYERS AND DEVELOPERS) IRREVOCABLY AND
UNCONDITIONALLY CONSENT TO THE ANNEXATION OF THE LAND INTO THE
CORPORATE LIMITS OF THE CITY IN ACCORDANCE WITH THIS AGREEMENT AND
WAIVE ALL OBJECTIONS AND PROTESTS TO SUCH ANNEXAT ION. THIS
AGREEMENT SHALL SERVE AS THE PETITION OF DEVELOPER, DISTRICT, AND ALL
Attachment number 1 \nPage 6 of 50
Item # M
7
FUTURE OWNERS AND DEVELOPERS TO ANNEXATION OF THE LAND IN
ACCORDANCE WITH THIS AGREEMENT AND THE CONSENT AGREEMENT.
f. Contemporaneously with the annexation of any land within the
District, the City will zone any undeveloped property within the District consistently
with the land uses set forth in the Development Agreement, and will zone all
developed property consistently the land uses in existence on the date of the
annexation.
Section 2.04 Public Improvement District Assessments. The Developer
agrees that it shall advance the funds necessary to pay in full all PID assessments
assigned to the Land at least ten (10) days prior to the date on which the District
conducts is confirmation election. The City does not object to the reimbursement of
such payments (without interest) by the District to the Developer, to the extent that
such costs are eligible for reimbursement under the rules of TCEQ or the laws of the
State of Texas.
Section 2.05 Annexation by the District. The District shall not annex any
land into its boundaries without the prior written consent of the City.
ARTICLE III
DEVELOPMENT PLAN, PARKS AND ROADWAYS
Section 3.01. The Land shall be developed in accordance with the standards
and requirements set forth in the Development Agreement. Parks and open space
shall be dedicated in accordance with the Development Agreement. Road way
improvements and the traffic plan shall also be developed in accordance with the
Development Agreement.
ARTICLE IV
WATER, WASTEWATER, AND OTHER SERVICES
Section 4.01. Water Services. Retail water service to the Land shall be
provided by CTSUD in accordance with an agreement between CTSUD and the
Developer, and the City shall have no responsibility therefor . CTSUD shall retain all
water revenues generated from the provision of retail water service within the Land
for so long as CTSUD remains the retail water service provider. CTSUD shall be
responsible for all necessary repairs to the water system to the extent operated by
CTSUD.
Section 4.02. Wastewater Services. Retail wastewater service to the Land
shall be provided by the City in accordance with the Related Agreements. Retail
customers within the District shall pay the applicable sewer rates for cu stomers
located outside of the City limits.
Attachment number 1 \nPage 7 of 50
Item # M
8
Section 4.03. Garbage Services. Garbage pickup services may be provided
by the City’s solid waste service provider as set forth in the City’s Code of
Ordinances Chapter 13.12, as the same may be amended from time to time.
Section 4.04. Services Outside the District. The District shall not be
authorized to provide water, wastewater, garbage, fire, police, EMS or other serv ices
outside the boundaries of the District without the express written consent of the
City, at the City’s sole discretion.
Section 4.05. Construction of On-Site Facilities. The Developer and the
District shall construct all On-Site Facilities necessary to serve the Land in
accordance with the terms and condition of the Development Agreement and all
applicable City ordinances and construction standards. The Developer and District
shall be solely responsible for obtaining all easements necessary for the
construction of the On-Site Facilities at no cost to the City.
Section 4.06. Construction of Offsite Facilities. The Parties agree that no
Offsite Facilities are required for development of the Land other than the
wastewater improvements addressed in the Related Agreements, and the exception
of roadways that shall be constructed in accordance with the Development
Agreement.
Section 4.07. Wastewater Treatment Plant Matters.
(a) The Parties agree that the current capacity of the Wastewater
Treatment Plant is 200,000 gallons per day, and that the plant is permitted to allow
expansion to 240,000 gallons per day, which is sufficient to serve the 898 SUEs
authorized under the Development Agreement . Of this amount, 548 SUEs of
Wastewater Treatment Plant capacity (the “Remaining Cimarron Capacity”) shall be
available to Developer for service within the Land.
(b) Impact fees shall be assessed and collected as set forth in the
Development Agreement. The City agrees that the Developer or the District m ay
(but shall not be obligated to) pre-pay impact fees, in which event the City shall not
collect impact fees from new applicants for service. Any such payments of impact
fees by the Developer shall be reimbursable by the District to the maximum extent
authorized under the rules of TCEQ.
Section 4.08 Ownership, Maintenance and Operation of the Wastewater
On-Site Facilities. Except as provided in Section 4.01 and 4.02 of this Consent
Agreement and as otherwise provided in the Related Agreements, the City agrees to
operate and maintain the wastewater On-Site Facilities upon completion of
construction, inspection by the City, and the assignment of one-year maintenance
bonds from the construction contractor to the City. All revenues generated from the
operation of the sewer system by the City shall remain with the City. The City shall
be responsible for all necessary repairs to the sewer system to the extent operated
Attachment number 1 \nPage 8 of 50
Item # M
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by the City. The City agrees to provide the same level of sewer service to District
customers that it provides to out-of-City customers of the City.
ARTICLE V
ISSUANCE OF BONDS; SETTING TAX RATES:
Section 5.01. Issuance of Bonds; Financial Advisor. The District may
issue Bonds as permitted by Section 13.10 of the City’s Unified Deve lopment Code
and this Agreement, as each may be amended from time to time. Except as
authorized by this Agreement, the District shall not issue Bonds without the prior
approval of the City Council and not until the documents required by Section 2.01(a)
of this Agreement are submitted to the City and the payments required by Section __
of this Agreement have been made to the City. The District shall be required to use
the same financial advisor as used by the City for issuance of any Bonds.
Section 5.02. Bond Limit. In consideration of the City’s consent to the
creation of the District, the District agrees that the total amount of Bonds issued by
the District for all purposes shall not exceed TWENTY SEVEN MILLION FOUR
HUNDRED TEN THOUSAND DOLLARS ($27,410,00 0) (the “Bond Limit Amount”).
City, Developer, and the District acknowledge and agree that the Bond Limit Amount
is sufficient to accomplish the purposes of the District, and that the Developer and
the District have voluntarily agreed to the Bond Limit Amount.
Section 5.03. Bond Requirements. The District shall obtain all necessary
authorizations for Bonds in accordance with this Agreement and with Section 13.10
of the City’s Unified Development Code. To the extent of a conflict with Section
13.10 of the City’s UDC, the terms of this Agreement shall control. All Bonds issued
by the District shall comply with the following requirements:
(a) Maximum maturity of 20 years from the date of issuance of any one
series of Bonds; and
(b) Interest rate that does not exceed two percent (2%) above the highest
average interest rate reported by the Daily Bond Buyer in its weekly
“20 Bond Index” during the one month period immediately preceding
the date that the notice of sale of such Bonds is given; and
(c) The Bonds expressly provide that the District shall reserve the right to
redeem Bonds at any time beginning not later than the tenth (10 th)
anniversary of the date of issuance, without premium. No variable
rate Bonds shall be issued by the District; and
(d) Any refunding Bonds of the District must provide for a minimum of
three percent (3%) present value savings, and, further, must provide
that the latest maturity of the refunding Bonds may not extend
beyond the latest maturity of the refunded Bonds; and
(e) No bonds shall be issued having any issuance date more than fifteen
(15) years from the date of the first issuance of bonds by the District..
Attachment number 1 \nPage 9 of 50
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Section 5.04. Certifications. With respect to any matter required by this
Article V to be certified in writing, the Agreement also requ ires, and the District
hereby warrants, that every statement in any certification shall be true and correct
in all material respects and that the person signing the certification has been given
the requisite authority to do so on behalf of such District.
Section 5.05. Economic Feasibility. Before any submission of an
application of approval of issuance of Bonds to the TCEQ or to the Attorney General,
whichever occurs first, the District’s financial advisor shall certify in writing to the
City Secretary, City Manager and Chief Financial Officer, that the Bonds are being
issued within the then-current economic feasibility guidelines established by the
TCEQ for districts in Williamson County.
Section 5.06. Notice of Bond Issues. At least thirty (30) days before the
submission of an application for approval of issuance of Bonds to the TCEQ or to the
Attorney General, whichever occurs first, the District shall deliver to the City
Secretary, City Manager and City Chief Financial Officer, the certification required by
Section 5.05 of this Agreement, and Notice containing (a) the amount of the Bonds
being proposed for issuance; (b) a general description of the projects to be funded
and/or the Bonds to be refunded by su ch Bonds; and (c) the proposed debt service
of the District, and the District’s tax rate after the issuance of the Bonds. If the
District is not required to obtain TCEQ approval of the issuance of Bonds, the
District shall deliver such certification and notice to the City Secretary, City Manager
and Chief Financial Officer, at least sixty (60) days prior to the issuance of Bonds,
except refunding Bonds, by the District.
Section 5.07. Compliance with Agreements. At least thirty (30) days
before submission of an application for issuance of Bonds to the TCEQ or the
Attorney General, whichever occurs first, the District shall certify in writing to the
City Secretary, City Manager and City Chief Financial Officer, that the District and the
Developer are not in breach of the Consent Resolution, this Agreement or the
Related Agreements, as those may be amended from time to time.
Section 5.08. Bond Objections. The City shall have a period of sixty (60)
days after receiving the last certifications and notices required by this Article V
within which to object to the Bonds. The only basis for an objection by the City to a
proposed Bond issue shall be that the District or Developer is in default of a
provision of the Consent Resolution, this Agreement, the Related Agreements. If the
City objects to a proposed Bond issue (“City Objection”), such an objection (a) shall
be in writing, (b) shall be given to the District; (c) shall be signed by the City
Manager or the City Manager’s designee, and (d) shall specifically identify the
provision(s) in the Consent Ordinance or Resolution, this Agreement , or the Related
Agreements for which the District or Developer is in default. It shall not be a basis
for a City Objection that the City disagrees with District’s financial advisor as to the
financial feasibility of the Bonds so long as the proposed Bonds are approved by the
TCEQ and the Attorney General. In the event a City Objection is timely given to the
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District with respect to a specific Bond application, the City and the District shall
cooperate to resolve the City Objection within a reasonable time, and the Bond
application to which the City Objection applies shall be delayed until the City
Objection has been cured or waived.
Section 5.09. Official Statements. Within thirty (30) days after the District
closes the sale of each series of Bonds, the District shall deliver to the City Secretary,
City Manager, and the City Chief Financial Officer a copy of the final official
statement for such series of the Bonds, the District shall promptly provide such
information at no cost to the City.
Section 5.10. Reporting. The District shall: (a) send a copy of each order
or other action setting an ad valorem tax rate to the Ci ty Secretary, City Manager
and Chief Financial Officer within thirty (30) days after the District adopts the rate;
(b) send a copy of each annual audit to the City Secretary, City Manager and City
Chief Financial Officer, and (c) provide copies of any material event notices filed
under applicable federal securities laws or regulations to the City Secretary, City
Manager and City Chief Financial Officer within thirty (30) days after filing such
notices with the applicable federal agency.
Section 5.11. Reimbursement Agreements. The District agrees not to
issue Bonds for purposes of reimbursing Developer for any costs or expenses paid
by Developer after the fifteenth (15th) anniversary of the date of first issuance of
Bonds by the District, which costs and expenses would otherwise be eligible to be
reimbursed to Developer by District pursuant to the rules and regulation of the
TCEQ or other applicable law, and expressly and irrevocably waives any claims
against the City for repayment of such indebtedness.
ARTICLE VI
AUTHORITY
Section 6.01. Authority. This Agreement is entered into under the
statutory authority of Section 54.016 of the Texas Water Code and Sections 42.042
and 212.172 of the Texas Local Government Code.
ARTICLE VII
TERM, ASSIGNMENT AND REMEDIES
Section 7.01. Term. This Agreement shall be effective from the Effective
Date and shall continue in effect until the District is dissolved and its obligations are
fully assumed by the City, at the City’s sole election, or until terminated in writing by
mutual agreement of the City and the District and the Developer.
Section 7.02. Assignment.
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a. Neither the District nor the City may assign this Agreement without
the written consent of all other Parties.
b. Developer, as Owner, has the right, from time to time, to assign this
Agreement, in whole or in part, and including any obligation, right, title, or interest
of Developer under this Agreement, to the District . Developer may also assign this
Agreement, in whole or in part, and to any person or entity (an “Assignee”),
provided that the following conditions are satisfied: (1) Assignee is also an assignee
of the Related Agreements; (2) Assignee is a successor owner of all or any part of the
Land; (3) Assignee has a contractual right to be reimbursed for water, sewer, or
drainage improvements from Bonds (or has a lien or other security interest in such
reimbursements); (4) the assignment is in writing executed by Developer and
Assignee in the form of assignment attached as Exhibit D; (5) Assignee expressly
assumes in the assignment any assigned obligations and expressly agrees in the
assignment to observe, perform, and be bound by this Agreement to the extent this
Agreement relates to the obligations, rights, titles, or interests assigned; (6)
Developer is then in compliance with all terms and condition of the Related
Agreements; (7) a copy of the executed assignment is provided to all Parties within
fifteen (15) days after execution; and (8) such other reasonable conditions that the
City may require. Provided all of the foregoing conditions are satisfied, from and
after the date the assignment is executed by Developer and Assignee, the City agrees
to look solely to Assignee for the performance of all obligation assigned to Assignee
and agrees that Developer shall be released from performing the assigned
obligations and from any liability that results from the Assignee’s failure to perform
the assigned obligations. No assignment by Developer shall release Developer from
any liability that resulted from an act or omission by Owner that occurred prior to
the effective date of the assignment. Developer shall maintain written records of all
assignments made by Developer (including, for each Assignee, the Notice
information required by this Agreement, and including a copy of each executed
assignment) and, upon written request from any Party or Assignee, shall provide a
copy of such records to the requesting person or entity. It is specifically intended
that this Agreement, and all terms, conditions and covenants herein, shall survive a
transfer, conveyance, or assignment occasioned by the exercise of foreclosure of lien
rights by a creditor or a Party, whether judicial or non-judicial. This Agreement
shall be binding upon and inure to the benefit of the parties and their respective
successors and Assignees. Notwithstanding the foregoing, however, Developer shall
not have the right to assign this Agreement, or any right, title, or interest of
Developer under this Agreement, until the District has become a Party.
c. This Agreement is not intended to be binding upon, or create any
encumbrance to title as to, any ultimate consumer who purchases a fully developed
and improved lot within the Land, nor is it intend ed to confer upon any such person
the status of third-party beneficiary.
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Section 7.03. Remedies. In the event of default by any party, a non-
defaulting party may give the defaulting party written notice specifying the default
(the “Notice”). If the defaulting party fails to fully cure any default that can be cured
by the payment of money (“Monetary Default”) within 30 days after receipt of the
Notice, or fails to commence the cure of any default specified in the Notice that is not
a Monetary Default within 30 days of the date of the Notice, and thereafter to
diligently pursue such cure to completion, then the other party shall be entitled to
enforce the provisions of this Agreement as allowed by law, including but not
limited to a proper writ issued by a court of competent jurisdiction compelling and
requiring the defaulting party to observe and perform the covenants, obligations
and conditions described in this Agreement. No Bonds shall be issued during any
period in which Developer is not in compliance with any court order compelling
performance under this Agreement. Further, during the cure period and continuing
until the default or breach is cured, the District is prohibited from taking any
affirmative act to issue Bonds until the default or breach or failure has been cured.
The City shall have all rights to enjoin the issuance of Bonds during any period
which a default or breach or failure remains uncured. If Developer fails to cause the
District to cure any default or breach, Developer shall not en ter into any agreements
with the District or seek reimbursement from the District for any expenses incurred
in connection with the District or the development of the Land until the default or
breach or failure has been cured.
Section 7.04. Cooperation.
a. The City, the Developer, and the District each agree to execute such
further documents or instruments as may be necessary to evidence their
agreements hereunder. Developer covenants and agrees to cause the District to
approve, execute, and deliver to the City this Agreement within ninety (90) days
after the District confirmation date. If the District fails to approve, execute and
deliver to the City this Agreement, or another agreement or document required by
this Agreement or required to give effect to one or more terms of this Agreement,
within the ninety (90) day period referenced herein, and such failure is not cured
after fifteen (15) days after notice from the City to Developer and the District, such
failure shall operate as a material breach of this Agreement by Developer and shall
allow the City to exercise any of the remedies allowed by Section 7.03 of this
Agreement and operate to prohibit the District from taking any affirmative act to
issue Bonds until the failure has been cured.
b. In the event of any third party lawsuit or other claim relating to the
validity of this Agreement or any actions taken hereunder, the City, the Developer,
the District agree to cooperate in the defense of such suit or claim, and to use their
respective best efforts to resolve the suit or claim without diminution in their
respective rights and obligations under this Agreement.
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ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 8.01. Notice. Any notice given under this Agreement must be in
writing and may be given: (i) by depositing it in the United States mail, certified,
with return receipt requested, addressed to the party to be notified and with all
charges prepaid; or (ii) by depositing it with Federal Express or another service
guaranteeing “next day delivery”, addressed to the party to be notified and with all
charges prepaid; (iii) by personally delivering it to the party, or any agent of the
party listed in this Agreement, or (iv) by facsimile with confirming copy sent by one
of the other described methods of notice set forth. Notice by United States mail will
be effective on the earlier of the date of receipt or 3 days after the date of mailing.
Notice give in any other manner will be effective only when received. For purposes
of notice, the addresses of parties will, until changed as provided below, be as
follows:
City: City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Attn: City Manager
With Required Copy to:
Developer:
Desert Troon Companies/Cimarron Hills Development
17207 North Perimeter Drive Suite 200
Scottsdale, Arizona 85255
Main Office: 480-563-5247
Fax: 480-513-6665
With additional notice sent to:
Cimarron Hills Development
103 Cimarron Hills Trail West
Georgetown, Texas 78628
Office: 512-763-8705
Fax: 512-763-8383
With Required Copy to:
Freeman & Corbett
Anthony S. Corbett
8500 Bluffstone Cove, Suite B-104
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Austin, Texas 78759
Phone: (512) 451-6689
Fax: (512) 453-0865
District (to be completed upon its creation):
The parties may change their respective addresses to any other address within the
United States of America by giving at least five (5) days’ written notice to the other
party. The Developer and the District may, be giving at least five (5) days’ written
notice to the City, designate additional parties to receive copies of notices under this
Agreement.
Section 8.02 Severability; Waiver.
a. If any provision of this Agreement is illegal, invalid, or unenforceable,
under present or future laws, it is the intention of the parties that the remainder of
this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable
provision, that a provision be added to this Agreement which is legal, valid, and
enforceable and is as similar in terms to the illegal, invalid or enforceable provision
as is possible.
b. Any failure by a party to insist upon strict performance by the other
party of any material provision of this Agr eement will not be deemed a waiver
thereof or of any other provision, and such party may at any time thereafter insist
upon strict performance of any and all of the provisions of this Agreement.
Section 8.03. Applicable Law and Venue. The interpretation,
performance, enforcement and validity of this Agreement are governed by the laws
of the State of Texas. Venue will be in a court of appropriate jurisdiction in
Williamson County, Texas.
Section 8.04. Entire Agreement. This Agreement together with the
Exhibits and the Related Agreements contains the entire agreement of the parties.
Save and except the Related Agreements, there are no other agreements or
promises, oral or written, between the parties regarding the subject matter of this
Agreement. This Agreement can be amended only by written agreement signed by
the parties. To the extent of any conflict between the Development Agreement and
this Agreement, the terms of the Related Agreements supersede the terms contained
in this Agreement between the parties concerning the subject matter.
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Section 8.05. Exhibits, Headings, Construction and Counterparts. All
schedules and exhibits referred to in or attached to this Agreement are incorporated
into and made a part of this Agreement for all purpose s. The paragraph headings
contained in this Agreement are for convenience only and do not enlarge or limit the
scope or meaning of the paragraphs. Wherever appropriate, words of the masculine
gender may include the feminine or neuter, and the singular may include the plural,
and vice-versa. The parties acknowledge that each of them have been actively and
equally involved in the negotiation of this Agreement. Accordingly, the rule of
construction that any ambiguities are to be resolved against the drafti ng party will
not be employed in interpreting this Agreement or any exhibits hereto. This
Agreement may be executed in any number of counterparts, each of which will be
deemed to be an original, and all of which will together constitute the same
instrument. This Agreement will become effective as of the Effective Date only
when one or more counterparts, individually or taken together, bear the signatures
of all of the parties.
Section 8.06. Time. Time is of the essence of this Agreement. In computing
the number of days for purposes of this Agreement, all days will be counted,
including Saturdays, Sundays and legal holidays; however, if the final day of any
time period falls on a Saturday, Sunday or legal holiday, then the final day will be
deemed to be the next day that is not a Saturday, Sunday or legal holiday.
Section 8.07. Notice to End Buyer. At the time each prospective End Buyer
contracts for the purchase of a lot or a home in the District, and at the time each End
Buyer closes on the purchase of a lot or a home in the District, the Developer or
District shall give the End Buyer the disclosure notices required by Section 49.452
of the Texas Water Code as well as the notice form attached hereto as Exhibit C. For
the purposes of this Agreement, the parties agree that the term “End Buyer” shall
mean any owner, developer, tenant, user, or occupant of any part of the Land,
regardless of proposed use, for which a City-approved final plat has been recorded
in the plat records of Williamson County.
Section 8.08. Authority for Execution. The City certifies, represents, and
warrants that the execution of this Agreement is duly authorized and adopted in
conformity with its City Charter and City ordinances. The Developer certifies,
represents, and warrants that the execution of this Agreement is duly authorized
and adopted in conformity with the articles of incorporation and bylaws or
partnership agreement of each entity executing on behalf of the Developer. On its
creation, the District shall certifies, represents, and warrants that the execution of
this Agreement is duly authorized and adopted in conformity with the articles of
incorporation and bylaws or partnership agreemen t of each entity executing on
behalf of the Developer
Section 8.09. Exhibits. The following exhibits are attached to this
Agreement, and made a part hereof for all purposes:
Attachment number 1 \nPage 16 of 50
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17
Exhibit A: Metes and Bounds Description of the Land
Exhibit B: City Consent Resolution
Exhibit C: Notice Concerning Services and Annexation
Exhibit D: Assignment and Assumption Agreement
Exhibit E: Master Development Fee Calculation Form
Section 8.10. Effective Date; Recordation. Once executed by all parties,
this Agreement shall be effective as of the Effective Date. This Agreement shall be
recorded in the records of Williamson County at Developer’s expense
Attachment number 1 \nPage 17 of 50
Item # M
18
IN WITNESS WHEREOF, the undersigned parties have executed this
Agreement on the dates indicated below.
(notarized signature pages to follow)
CITY OF GEORGETOWN, TEXAS
By:________________________________
Name:
Title:
Date:_____________________________
ATTEST:
By:
Name:
Title:
CIMARRON HILLS DEVELOPMENT, L.L.C.,
an Arizona limited liability company
By:________________________________
Name:
Title:
Date:_____________________________
Attachment number 1 \nPage 18 of 50
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19
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 26
By:________________________________
Name:
Title:
Date:_____________________________
ATTEST:
By:
Name:
Title:
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of
_________________, 2012, by ___________________________, Mayor of the City of Georgetown,
Texas, a home-rule city, on behalf of the City.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
Attachment number 1 \nPage 19 of 50
Item # M
20
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day of
_________________, 2012, by ________________________, _______________________ of Cimarron Hills
Development, L.L.C., an Arizona limited liability company, on behalf of said limited
liability company.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this ________day o f
_________________, 2012, by ___________________________, ______________________ of Williamson
County Municipal Utility District No. 26, a Texas conservation and reclamation
district, on behalf of said district.
________________________________
Notary Public Signature
Printed Name:_______________
My Commission Expires:_________________
Attachment number 1 \nPage 20 of 50
Item # M
Exhibit “A”
Metes and Bounds Description of the Land
Attachment number 1 \nPage 21 of 50
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EXHIBIT A "Land" Page 1 of 8
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EXHIBIT A "Land" Page 2 of 8
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EXHIBIT A "Land" Page 3 of 8
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EXHIBIT A "Land" Page 4 of 8
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EXHIBIT A "Land" Page 5 of 8
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EXHIBIT A "Land" Page 6 of 8
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EXHIBIT A "Land" Page 7 of 8
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EXHIBIT A "Land" Page 8 of 8
Attachment number 1 \nPage 29 of 50
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Exhibit “B”
City Consent Resolution
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS CONSENTING
TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
WHEREAS, the City of Georgetown, Texas (the “City”) received a Petition for
Consent to the inclusion of land within, and creation of, Williamson County Municipal Utility
District No. 26 (the “District”) in the extraterritorial jurisdiction of the City pursuant to
Section 54.016, Texas Water Code and Section 42.042, Texas Local Government Code, a copy
of which Petition is attached hereto as Exhibit A;
WHEREAS, the City Council of the City of Georgetown desires to grant its written
consent to the creation of Williamson County Municipal Utility District No. 26; Now,
Therefore,
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF GEORGETOWN,
TEXAS, THAT:
Section 1. The City of Georgetown, Texas hereby consents to the creation of
Williamson County Municipal Utility District No. 26, and the inclusion of 376.12 acres of
land more particularly described within the Petition attached hereto as Exhibit “A” within
said District, for purposes of Section 54.016, Texas Water Code, and Section 42.042 of the
Texas Local Government Code.
Section 2. The City’s consent is subject to the terms and conditions of the Consent
Agreement with the City, and the Related Agreements.
PASSED AND APPROVED this ____ day of , 2012.
______________________________
Mayor
ATTEST:
________________________
City Secretary
(SEAL)
Attachment number 1 \nPage 30 of 50
Item # M
REQUEST FOR CONSENT TO THE
CREATION OF A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:
The undersigned (herein the “Landowners”), holders of title to land within the
territory hereinafter described by metes and bounds, constituting a majority in value of the
holders of title of the lands therein as indicated by the tax rolls of Williamson County, Texas,
and acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code and Section
42.042, Texas Local Government Code, respectfully request the City Council of the City of
Georgetown, Texas, for its written consent to the inclusion of land in, or the creation of, a
conservation and reclamation district under Chapters 49 and 54, Texas Water Code and
would respectfully show the following:
I.
The name of the proposed District shall be WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 26 or some similar name as required or permitted
by law (the “District”).
II.
The land shall be included within the District by creation and organization of the
District as provided above. The District shall exist under the terms and provisions of Article
XVI, Section 59 of the Constitution of Texas, Chapters 49 and 54, Texas Water Code.
III.
The District shall contain an area of approximately 376.12 acres of land, more or
less, situated wholly within Williamson County, Texas. All of the area within the District is
within the extraterritorial jurisdiction of the City of Georgetown, Texas. All of the territory
proposed to be included may properly be included in the District. The area proposed to be
within the District consists of three noncontiguous tracts, which are described in Exhibit
“A”, which is attached hereto and incorporated herein for all purposes.
Attachment number 1 \nPage 31 of 50
Item # M
IV.
The undersigned are the owners of title to land within the District and are the owners
of a majority in value of the lands therein as indicated by the tax rolls in Williamson County,
Texas.
V.
The general nature of the work to be done by the District at the present time is the
construction, acquisition, maintenance, and operation of a waterworks, sanitary sewer, and
drainage system for commercial and domestic purposes, and road improvements.
VI.
There is, for the following reasons, a necessity for the above-described work: There
is not now available within the area, which will be developed as a commercial and
residential subdivision, an adequate waterworks, sanitary sewer, and drainage system, and
road improvements. The health and welfare of the present and future inhabitants of the area
and of territories adjacent thereto require the construction, acquisition, maintenance, and
operation of an adequate waterworks, sanitary sewer, and drainage system, and roadway
system. A public necessity therefore exists for the organization, extension, improvement,
maintenance, and operation of such waterworks, sanitary sewer, and drainage system, and
road improvements so as to promote the purity and sanitary condition of the State's waters
and the public health and welfare of the community.
VII.
A preliminary investigation has been instituted to determine the cost of the project,
and it is now estimated by the Landowner, from such information as it has at this time, that
the ultimate costs of the development contemplated will be approximately $22,540,000.
The project will be financed by the issuance of bonds by the District.
WHEREFORE, the Landowner respectfully pray that this request be heard and that
your Honorable Body duly pass and approve an ordinance or resolution granting the consent
to the creation of the District and authorizing the inclusion of the land described herein with
the District.
Attachment number 1 \nPage 32 of 50
Item # M
RESPECTFULLY SUBMITTED, this ____ day of _____________, 2012.
LANDOWNERS:
CIMARRON HILLS DEVELOPMENT, L.L.C.,
an Arizona limited liability company
By: CIMARRON 2009, LLC, an Arizona
limited liability company, its Sole
Member
By: DT Lifestyle, L.L.C., an
Arizona limited liability
company, fka DTR1B,
L.L.C., its Sole Member
By: DTR1, L.L.C., an Arizona
limited liability company, its Manager
By: DESERT TROON LIMITED,
L.L.C., an Arizona limited
liability company, its Manager
By: DT INVESTMENTS,
INC., an Arizona
corporation, its
Manager
By: _____________________
Name: Gary S. Elbogen
Title: Vice President
STATE OF ARIZONA §
§
COUNTY OF _________ §
This instrument was acknowledged before me on the ______ day of October,
2012, by Gary S. Elbogen, Vice President of Cimarron Hills Development, L.L.C., an
Arizona limited liability company, on behalf of said company.
(Seal and Expiration)
____________________________________
Notary Public, State of Arizona
Attachment number 1 \nPage 33 of 50
Item # M
STANLEY M JENSEN AND CAROL R
JENSEN FAMILY TRUST
By:
Name: Stanley M. Jensen
Title: Trustee
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the ______ day of October,
2012, by Stanley M. Jensen, Trustee of the Stanley M. Jensen and Carol R Jensen Family
Trust, on behalf of said trust.
(Seal and Expiration)
____________________________________
Notary Public, State of Texas
Attachment number 1 \nPage 34 of 50
Item # M
Exhibit “A”
Description of Property
Attachment number 1 \nPage 35 of 50
Item # M
EXHIBIT A "Land" Page 1 of 8
Attachment number 1 \nPage 36 of 50
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EXHIBIT A "Land" Page 2 of 8
Attachment number 1 \nPage 37 of 50
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EXHIBIT A "Land" Page 3 of 8
Attachment number 1 \nPage 38 of 50
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EXHIBIT A "Land" Page 4 of 8
Attachment number 1 \nPage 39 of 50
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EXHIBIT A "Land" Page 5 of 8
Attachment number 1 \nPage 40 of 50
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EXHIBIT A "Land" Page 6 of 8
Attachment number 1 \nPage 41 of 50
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EXHIBIT A "Land" Page 7 of 8
Attachment number 1 \nPage 42 of 50
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EXHIBIT A "Land" Page 8 of 8
Attachment number 1 \nPage 43 of 50
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Attachment number 1 \nPage 44 of 50
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Exhibit “C”
Notice Concerning Services and Annexation
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE CONCERNING SERVICES AND ANNEXATION
The real property described in Exhibit A attached hereto and incorporated
herein is located in the Williamson County Municipal Utility District No. 26 (the
“District”). The District is located wh olly within the extraterritorial jurisdiction of
the City of Georgetown. The City does not impose property taxes within the District
and is not required by state law to provide water services, police protection, fire
protection, EMS services, road maintenance, inspections (except for plumbing
inspections required for connection to wastewater services), or any other municipal
services to the District. By agreement with the Developer and the District, garbage
services shall be provided by the City’s garbage collection provider and all
customers in the District shall be “Tier III Customers”. By agreement with the
Developer and the District, the City shall provide wastewater services to the District
at the rates applicable to customers located outside of the corporate boundaries of
the City.
The City of Georgetown may, but is not required to, annex land within the
District. If the City annexes land within the District, the annexation shall be in
accordance with the terms and conditions of the Consent Agreement between the
City and the Developer, which is recorded in the records of Williamson County as
Document No. _________________.
ACQUISITION OF LAND WITHIN THE DISTRICT (INCLUDING THE PURCHASE
OF A HOME OR A LOT) SHALL SERVE AS A PETITION FOR THE ANNEXATION OF
THE LAND INTO THE CITY LIMITS OF THE CITY OF GEORGETWON IN
ACCORDANCE WITH THE CONSENT AGREEMENT. ACQUISITION OF LAND IN THE
DISTRICT FURTHER EXPRESSES THE OWNER’S IRREVOCABLE AND
UNCONDITIONAL CONSENT TO THE ANNEXATION OF THE LAND INTO THE
CORPORATE LIMITS OF THE CITY IN ACCORDANCE WITH THE CONSENT
AGREEMENT, EXPRESS WAIVER OF ALL OBJECTIONS AND PROTESTS TO SUCH
ANNEXATION.
For additional information concerning services to and annexation of the
District, contact the Planning and Development or Wastewater Departments of the
City of Georgetown, Texas.
Williamson County Municipal Utility
District No. 26
Attachment number 1 \nPage 45 of 50
Item # M
By:
Its:
Date:
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the ___ day of ____________,
_________ by ____________, President of the Board of Directors of Williamson County
Municipal Utility District No. 26, a district operating under Chapters 49 and 54 of
the Texas Water Code.
Notary Public Signature
Printed Name:
My Commission Expires:
Attachment number 1 \nPage 46 of 50
Item # M
Exhibit “D”
Assignment and Assumption Agreement
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Assignment”) is made
and entered into as of the _____ day of _____________________, ______________, between
_____________________________, a ____________________________ (“Assignor”) and
_____________________________________, a ____________________________ (“Assignee”) (Assignor
and Assignee are hereinafter sometimes collectively referred to as the “Parties” and
singularly as a “Party”).
RECITALS:
A. Assignor is the owner of the rights of the Developer under that certain
“Consent Agreement” (the “Agreement”) effective as of _____________, among Cimarron
Hills Development, LLC, its successors and assigns, as the Developer, the City of
Georgetown, Texas, as the City, and Williamson County Municipal Utility District No.
26, as the District, relating to the creation and operation of the District, to the extent
that the Agreement covers, affects, and relates to the lands described in Exhibit A
attached to and made a part hereof of this Assignment for all purposes (the
“Transferred Premises”).
B. Assignor desires to assign certain of its rights under the Agreement as
it relates to the Transferred Premises to Assignee, and Assignee desires to acquire
such rights, on and subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the premises, the mutual covenants
and obligations set forth herein, and other good and valuable consideration, the
receipt and legal sufficiency of which are hereby acknowledged, the Parties hereby
agree and act as follows:
1. Certain Defined Terms. Unless indicated otherwise herein, capitalized
terms in this Assignment shall have the same respective meanings as are ascribed to
them in the Agreement.
2. Assignment. Subject to all of the terms and conditions of this Assignment,
Assignor hereby assigns all [or describe specifically assigned rights if partial] of
its rights under the Agreement, insofar as the Agreement covers, affects, and relates
to the Transferred Premises.
3. Assumption. Assignee hereby assumes all obligations of Assignor and any
liability that may result from acts or omissions by Assignee under the Agreement as
it relates to the Transferred Premises that may arise or accrue from and after the
Attachment number 1 \nPage 47 of 50
Item # M
effective date of this Assignment, and Assignor is hereby released from all such
obligations and liabilities from and after the effective date of this Assignment;
provided, however, this Assignment does not release Assignor from any liability that
resulted from an act or omission by Assignor that occurred prior to the effective
date of this Assignment unless the City approves the release in writing.
4. Governing Law. This Assignment must be construed and enforced in
accordance with the laws of the State of Texas, as they apply to contracts performed
within the State of Texas and without regard to any choice of law rules or principles
to the contrary.
5. Counterpart/Facsimile Execution. This Assignment has been prepared in
multiple counterparts, each of which shall constitute an original hereof, and the
execution of any one or such counterparts by any signatory shall have the same
force and effect and shall be binding upon such signatory to the same extent as if the
same counterpart were executed by all of the signatories. Facsimile copies of
signatures may be appended hereto with the same force and effect as legally
delivered original signatures.
6. Notice to City. A copy of this Assignment shall be provided to the City within
fifteen (15) days after execution.
7. Binding Effect. This Assignment shall be binding upon and shall inure to the
benefit of Assignor and Assignee and their respective heirs, personal
representatives, successors, and assigns.
EXECUTED as of the date and year first above written.
ASSIGNOR:
By:
Name:
Title:
ASSIGNEE:
By:
Name:
Title:
Attachment number 1 \nPage 48 of 50
Item # M
EXHIBIT E
Master Development Fee Calculation Form
TOTAL DISTRICT BONDS SOLD : $
Less:
Surplus and Escrowed Funds $
Non-Construction Costs:
Legal and Financial Advisory Fees: $
Interest Costs:
Capitalized Interest $
Developer Interest $
Bond Discount $
Administrative and Organization $
(including creation costs and operating
advances)
Bond Application, Market Study, $
and other bond issuance costs
TCEQ Bond Issuance Fee $
Application, Review and Inspection Fees $
Site Costs $
Off-Site Costs $
Total Deductions: $
NET ELIGIBLE MUD BOND ISSUE AMOUNT $ *
MASTER DEVELOPMENT FEE PERCENTAGE: X 15%**
MASTER DEVELOPMENT FEE AMOUNT: $
* based upon costs approved for reimbursement under applicable TCEQ rules, and
an audit of developer reimbursables performed at the time of each Bond issue.
** or such other amount as the City may determine in accordance with Section
2.02(b) of this Consent Agreement.
Attachment number 1 \nPage 49 of 50
Item # M
Attachment number 1 \nPage 50 of 50
Item # M
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Second Reading of an Ordinance amending Ordinance No 2001-31, regarding levying of assessments for
the cost of certain public improvements in the Cimarron Hills Public Improvement District, approving
the updated Service and Assessment plan and the revised assessment roll, and levying assessments and fixing
charges and liens against the property in the district and against the owners -- Micki Rundell, Chief Financial
Officer (action required)
ITEM SUMMARY:
This is the second step in the Public Process regarding the restated Service and Assessment Plan (SAP) for
Cimarron Hills as presented at the September 25 Council workshop. The resolution accepting the SAP and
related information, and setting this public hearing was also approved on September 25.
The public hearing allows for comments about the SAP as previously presented.
This ordinance then levies the TOTAL assessment per lot as previously presented at $34,514.76 to be paid
annually as follows:
Class A Property (platted lots without a certificate of occupancy) $3,400.00/lot/year
Class B Property (platted lots with a certificate of occupancy)
$ 680.00/lot/year
Class C Property (unplatted acreage)
$ 99.73/acre/year
Class D Property (golf course and club facilities)
$ 49.58/acre/year
Please noted that a Public Hearing and First Reading of the Ordinance occurred on October 9, 2012.
FINANCIAL IMPACT:
There is not financial impact to the City with this item.
SUBMITTED BY:
ATTACHMENTS:
Ordinance
Public Hearing
SAP
Exhibit A- Original Metes & Bounds
Exhibit B-1, Benefit Area 1
Exhibit B-2, Benefit Area 2
Exhibit C- Master Plan
Exhibit D- Improvement Costs
Exhibit E- Assessment Roll Cover Memo
Item # N
Ordinance No.
Description: Amending Cimarron Hills PID Levying Ordinance No. 2001-31
Date Approved:
Page 1
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO 2001-31
REGARDING LEVYING OF ASSESSMENTS FOR THE COST OF
CERTAIN PUBLIC IMPROVEMENTS IN THE CIMARRON HILLS
PUBLIC IMPROVEMENT DISTRICT; APPROVING THE UPDATED
SERVICE AND ASSESSMENT PLAN AND THE REVISED
ASSESSMENT ROLL; LEVYING ASSESSMENTS AND FIXING
CHARGES AND LIENS AGAINST THE PROPERTY IN THE
DISTRICT AND AGAINST THE OWNERS THEREOF IN
ACCORDANCE THEREWITH; PROVIDING FOR THE COLLECTION
OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 24, 2001, after the required notices and public hearings, the
City Council of the City of Georgetown, Texas (“City Council”) passed and approved
Ordinance No. 2001-31 (the “Original Levying Ordinance”) approving a Service and
Assessment Plan (the “Original SAP”) and levying assessments on land within the
Cimarron Hills Public Improvement District (the “District”) in accordance with
Resolution No. 200808-S and the Public Improvement District Assessment Act, Tex.
Local Gov. Code ch. 372 (the “Act”).
WHEREAS, the District was originally established to finance the construction
and/or acquisition of no more than $17,500,000 in public improvements plus related
administrative and financing costs associated with the construction of the public
improvements necessary to provide water, wastewater, drainage, and streets (the
“Improvements”) to a total of 606 residential units, a golf course, and a clubhouse
facility (the “Original Project”) in the Cimarron Hills Subdivision (“Subdivision”)
through the issuance by the City of District Special Assessment Revenue Bonds
(“Bonds”) secured by assessment liens placed upon the approximately 813 acres of land
within the boundaries of the District that were anticipated to benefit from the
Improvements, and the collection of annual assessment payments from the owners of
land within the District to be used to finance the Bonds.
WHEREAS, since the adoption of the Original Levying Ordinance and the
approval of the Original SAP, there have been several changes, including the following:
· First, the District has not issued any Bonds and the City has confirmed, based on market
conditions and other factors, that no Bonds will be issued by the City for the District to reimburse
the Developer for construction of the Improvements. However, as of August 15, 2012, the City
has levied $3,618,021.88 in annual assessments in accordance with the Act under the Original
Attachment number 1 \nPage 1 of 5
Item # N
Ordinance No.
Description: Amending Cimarron Hills PID Levying Ordinance No. 2001-31
Date Approved:
Page 2
Levying Ordinance, of which $3,614,621.88 has been paid and $3,400.00 in assessment payments
remain delinquent.
· Second, the Original Levying Ordinance authorized the assessment of bond financing
costs and service costs related to the billing, collection, fund management, auditing,
reimbursement, and other administrative costs associated with the assessments, those additional
assessments for financing costs and administrative/service costs have never been charged to the
landowners in the District. Instead those charges have been deducted by the City from any
assessments remitted to the Developer as reimbursement for Developer’s (or Developer’s
predecessor in interest’s) construction of the Improvements.
· Third, the build-out of the Subdivision did not occur as originally anticipated and
currently only the land in Benefit Area I (as defined in Attachment 1) has been platted. The land
in Benefit Area II (as defined in Attachment 1) has not been platted and remains unimproved.
· Fourth, the Improvements for the developed portion of the District (Benefit Area I) are
complete and final costs can be determined for the completed Improvements.
• Fifth, the Developer has proposed several changes to the Original Project, including the
following (which are set forth in more detail in the Amended and Restated Development
Agreement and the Consent Agreement dated to be effective contemporaneously with this
updated SAP): (i) the addition of 155 acres of land to the Subdivision; (ii) the addition of 294
residential lots to the Subdivision; (iii) the replat of Phase Three, Section Two of the Original
Project from 54 lots into 104 lots; and (iv) the creation of a municipal utility district over the 155
acres of newly added land plus the land included in Benefit Area II (as defined in Attachment 1),
except for Phase Three, Section Three and that portion of the golf course located in Benefit Area
II (as defined in Attachment 1).
· Sixth, certain additional public improvements remain to be constructed to complete the
development within Benefit Area II. However, only $3,291,952 of the costs for Improvements
benefitting Benefit Area II will be financed by the levying of assessments with the District under
the Act. The remaining costs related to the improvements necessary to serve Benefit Area II and
the additional 155 acres to be added to the Subdivision will be financed through the creation of a
new municipal utility district (and not through the District).
· Seventh, the City has been advised by several property owners within the District that the
Original Levying Ordinance did not clearly state the lump sum amount of the assessment for the
purposes of allowing a property owner to pay all of the assessment at one time as required by the
Act, and the City now wishes to adopt a new form of assessment roll that makes both the annual
amount and total amount of the assessment more clear.
WHEREAS, in light of the above-described circumstances, the City desires to
update the Original SAP and amend the Original Levying Ordinance to address the
changed circumstances.
WHEREAS, the proposed Revised Assessment Roll (the “Revised Assessment
Roll”) has been filed with the City Secretary and made available for public inspection,
Attachment number 1 \nPage 2 of 5
Item # N
Ordinance No.
Description: Amending Cimarron Hills PID Levying Ordinance No. 2001-31
Date Approved:
Page 3
and the City has provided the published and mailed notices of a public hearing to
consider the proposed Revised Assessment Roll and the updated Service and
Assessment Plan (the “Updated Service and Assessment Plan”) required by Section
372.016 of the Act.
WHEREAS, the City Council held a hearing on October 9, 2012 to consider the
proposed Revised Assessment Roll and the proposed Updated Service and Assessment
Plan, heard and passed on any objections, and closed the hearing.
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 provisions of the 2030 Comprehensive Plan.
Section 2. The City Council hereby approves the Updated Service and Assessment Plan
attached hereto as Attachment 1 and made a part hereof in all respects and for all
purposes with all exhibits, and finds that the assessments as set forth in the Revised
Assessment Roll attached as Exhibit E to Attachment 1 should be made and levied
against the respective parcels of property within the District and against the owners
thereof. The City Council further finds that the assessments set forth in the Revised
Assessment Roll are substantially in proportion to the benefits to the respective parcels
of property within each class by means of improvements in the District for which such
assessments are levied, and the assessments establish substantial justice and equality
and uniformity between the respective owners to the respective properties within each
class and between all parties concerned considering the benefits received and burdens
imposed. The City Council further finds that in each case the property assessed is
specially benefitted by means of the improvements in the District described in the
Updated Service and Assessment Plan, and further finds that the apportionment of the
cost of the services is in accordance with the law in force in this City and this State and
the proceedings of the City heretofore had with reference to the formation of the District
and the imposition of the assessments for said improvements are in all respects valid
and regular.
Section 3. There shall be and is hereby levied and assessed against the parcels of
property within the District, and against the real and true owners thereof (whether such
owners be correctly named or not), the sums of money set forth on the Revised
Attachment number 1 \nPage 3 of 5
Item # N
Ordinance No.
Description: Amending Cimarron Hills PID Levying Ordinance No. 2001-31
Date Approved:
Page 4
Assessment Roll (attached hereto as Exhibit E to Attachment 1) shown opposite the
respective description of each parcel of property within the District, and the several
amounts assessed against same, and the owners thereof.
Section 4. The assessment amounts set forth in the Assessment Roll attached as Exhibit
E to Attachment 1 and assessed against each of the said parcels of property and the
owners thereof, together with reasonable attorney’s fees and costs of collection, if
incurred, and any penalties or interest on delinquent amounts, are a first and prior lien
against the property assessed; superior to all other liens and claims except liens or
claims for state, county, school district, or municipality ad valorem taxes, and a
personal liability of and charge against the owners of the property regardless of
whether the owners are named. The lien is effective from the date of the original
ordinance levying the assessment until the entire assessment is paid and may be
enforced by the City Council in the same manner as an ad valorem tax lien against real
property may be enforced. The lien runs with the land and that portion of an
assessment payment that has not yet become due is not eliminated by foreclosure of an
ad valorem tax lien. Foreclosure of accrued installments does not eliminate the
outstanding principal balance of the assessment. Any purchaser of the property in
foreclosure takes the property subject to the assessment lien and any associated
obligations. Delinquent installments of the assessment shall incur interest, penalties,
and attorney’s fees in the same manner as delinquent ad valorem taxes. The owner of
assess property may pay at any time all or any part of the assessment, with any
penalties or interest that accrued on any delinquent assessment, on any lot or parcel.
Section 5. The annual assessment amounts shown on the Revised Assessment Roll
attached hereto as Exhibit E to Attachment 1 shall be due and payable by January 31 of
each year beginning January 1, 2013 and continuing regularly until the maximum
assessment amount per lot or acre (as applicable) related to the total allowable cost of
the Improvements is paid in full, plus any accrued interest and penalties on delinquent
payments. Assessments may be paid in full and a complete release of lien executed by
the City as stated in the Updated Service and Assessment Plan attached hereto as
Attachment 1. All assessments and assessment payments shall be made in accordance
with the Updated Service and Assessment Plan attached hereto as Attachment 1.
Section 6. All assessments levied are a personal liability and charge against the real and
true owners of the property described, notwithstanding such owners may not be named
or may be named incorrectly on the Revised Assessment Roll attached hereto as Exhibit
E to Attachment 1.
Attachment number 1 \nPage 4 of 5
Item # N
Ordinance No.
Description: Amending Cimarron Hills PID Levying Ordinance No. 2001-31
Date Approved:
Page 5
Section 7. This Ordinance shall take effective immediately from and after its passage
and it is accordingly so ordained.
Section 8. All ordinances parts of ordinances or resolutions in conflict herewith are
expressly repealed.
Section 9. The invalidity of any section or provision of this Ordinance shall not
invalidate other sections or provisions thereof.
Section 10. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered, and
formally acted upon all as required by the Texas Open Meetings Act, Chapter 551,
Texas Government Code, and the Act.
PASSED AND APPROVED on First Reading on the ___ day of _____________, 2012
at a regular meeting of the City Council of the City of Georgetown, Texas.
PASSED AND APPROVED on Second Reading on the ___ day of _____________,
2012 at a regular meeting of the City Council of the City of Georgetown, Texas.
ATTEST: THE CITY OF GEORGETOWN
By: By:
Jessica Brettle, City Secretary George Garver, Mayor
APPROVED AS TO FORM:
By:
Bridget Chapman
Acting City Attorney
Attachment number 1 \nPage 5 of 5
Item # N
Public Notice
Cimarron Hills Public Improvement District
Page 1
Notice of Public Hearing
Regarding a Proposed Updated Service and Assessment Plan
and Proposed Revised Assessment Roll
for the
Cimarron Hills Public Improvement District
On August 8, 2000, by Resolution No. 200808-S, the City Council of the City of Georgetown
(“City Council”) created the Cimarron Hills Public Improvement District (the “District”)
pursuant to the Public Improvement District Assessment Act, Tex. Local Gov. Code Ch. 372 (the
“Act”) over an area consisting of approximately 813 acres of land known as the Cimarron Hills
Subdivision. On April 24, 2001 the City Council passed Ordinance No. 2001-31 (the “Original
Levying Ordinance”) approving a Service and Assessment Plan (the “Original SAP”) and
levying assessments on land within the District for the purpose of funding construction of certain
public improvements within the District. The Original SAP has been reviewed and revisions
proposed. On September 25, 2012 the City Council approved a proposed Updated Service and
Assessment Plan and a proposed Revised Assessment Roll, determined the revised total cost of
improvements to be funded by assessments in the District, and ordered that a public hearing be
set to consider the proposed Updated Service and Assessment Plan and proposed Revised
Assessment Roll.
In accordance with Section 372.016 of the Act, the City Council will conduct a public hearing
on October 9, 2012 commencing at 6:00 p.m. at the City Council Chambers of the City of
Georgetown, 101 E. 7th St., Georgetown, Texas 78626 to hear any objections regarding the
proposed Updated Service and Assessment Plan and proposed Revised Assessment Roll for the
District.
Background
The District was established in 2000 in conjunction with a Development Agreement by and
between the City of Georgetown and Paloma Cimarron Hills, L.P. dated February 24, 2000 and
recorded as Document No. 2000012127 of the Official Records of Williamson County, Texas, as
amended by the First Amendment dated August 8, 2000 and the Second Amendment dated
March 21, 2012 and recorded as Document No. 2012020883 of the Official Records of
Williamson County, Texas.
The purpose of the District is to provide financing for certain public water and wastewater utility
improvements, public street improvements, and public drainage improvements within the District
as set forth in Resolution No. 200808-S and the above-referenced Development Agreement, as
amended, and the Original SAP. These public improvements were to be constructed by the
developer of the property within the District and financed, in part, through the issuance of bonds
funded through the collection of special assessments on property within the District. The
developer of the property has changed several times since 2000, and the current developer of the
property within the District is Cimarron Hills Development L.L.C., an Arizona limited liability
company (“Developer”).
In accordance with Section 372.015 of the Act, the Original Levying Ordinance and Original
SAP apportioned the cost of improvements to be assessed against property in the District on the
Attachment number 2 \nPage 1 of 4
Item # N
Public Notice
Cimarron Hills Public Improvement District
Page 2
basis of the special benefits accruing to the property because of the improvements. The City
Council determined that apportioning costs according to following property classifications for
each of the following four classes of property within the District was the most fair and
reasonable method of "imposing equal shares of the costs on lots similarly benefitted." The
Original Levying Ordinance stated that the total assessment amount for the public improvements
to be constructed in the District was not to exceed $17,500,000 and levied the following annual
assessments on property in the District:
Class A Property (platted lots with a certificate of occupancy) $3,400.00/lot/year
Class B Property (platted lots without a certificate of occupancy) $ 680.00/lot/year
Class C Property (unplatted acreage) $ 99.73/acre/year
Class D Property (golf course and club facilities) $ 49.58/acre/year
Proposed Revisions to the Service and Assessment Plan and Assessment Roll
The Updated Service and Assessment Plan for the District proposes to reduce the total
assessment amount to $14,498,914, and to specify the total amount of the assessment due and
owing for each parcel of land within the District for the purpose of allowing a property owner to
pay at any time all or part of the assessment on any lot or parcel per Section 372.018(f) of the
Local Government Code. In order to provide the total assessment amount for each parcel within
the District, the proposed Updated Service and Assessment Plan creates two additional
classifications of property within the District: Benefit Area I and Benefit Area II. A map
showing the proposed boundaries of the District and the boundaries of Benefit Area I and Benefit
Area II is attached.
Attachment number 2 \nPage 2 of 4
Item # N
Cimarron Hills
Public Improvement District
Benefit Area I & Benefit Area II
BENEFIT AREA I BENEFIT AREA II
BENEFIT AREA II
BENEFIT AREA II
BENEFIT AREA II
JACK NICKLAUS BLVD
STATE HIGHWAY 29
Attachment number 2 \nPage 3 of 4
Item # N
Public Notice
Cimarron Hills Public Improvement District
Page 3
No change in the classification of property as Class A Property (platted lots without a certificate
of occupancy); Class B Property (platted lots with a certificate of occupancy); Class C Property
(unplatted acreage); Class D Property (golf course and club facilities) is proposed.
No change in the annual assessment amounts for each property classification is proposed.
The maximum total amount of the District assessment on all properties in the District is proposed
to be reduced from $17,500,000 to $14,498,914.
The proposed maximum total assessment against each Class A, B and C property located in
Benefit Area I is $34,514.77/lot. The proposed maximum assessment against Class D properties
located in Benefit Area I is $958.45/acre.
The proposed maximum total assessment against each Class A, B and C property located in
Benefit Area II is $11,241.09/lot. The proposed maximum assessment against Class D properties
located in Benefit Area II is $958.45/acre.
In accordance with Section 372.018 of the Texas Local Government Code, these special
assessments are a first and prior lien against the property assessed; superior to all other liens and
claims except liens or claims for state, county, school district, or municipality ad valorem taxes,
and a personal liability of and charge against the owners of the property regardless of whether
the owners are named. The lien is effective from the date of the original ordinance levying the
assessment until the entire assessment is paid and may be enforced by the City Council in the
same manner as an ad valorem tax lien against real property may be enforced. The lien runs
with the land and that portion of an assessment payment that has not yet become due is not
eliminated by foreclosure of an ad valorem tax lien. Foreclosure of accrued installments does
not eliminate the outstanding principal balance of the assessment. Any purchaser of the property
in foreclosure takes the property subject to the assessment lien and any associated obligations.
Delinquent installments of the assessment shall incur interest, penalties, and attorney’s fees in
the same manner as delinquent ad valorem taxes. The owner of assess property may pay at any
time all or any part of the assessment, with any penalties or interest that accrued on any
delinquent assessment, on any lot or parcel.
The proposed revised assessment roll containing the address of property subject to assessment
and the amount of the proposed assessment and the Development Agreements, as amended, and
the proposed Updated Service and Assessment Plan are available for public inspection in the
Office of the City Secretary in the City Hall of the City of Georgetown, Texas, 113 E. 8th St.
Georgetown, Texas 78626. Written or oral objections will be considered at the public hearing.
Spanish translations are available upon request from the City Secretary, City Hall of the City of
Georgetown, Texas, 113 E. 8th St. Georgetown, Texas 78626.
[Traducciones españolas están disponibles por el requerimiento de la Secretaria de la Ciudad,
City Hall of the City of Georgetown, Texas, 113 E. 8th St. Georgetown, Texas 78626.]
Attachment number 2 \nPage 4 of 4
Item # N
1
CIMARRON HILLS PUBLIC IMPROVEMENT DISTRICT
SERVICE AND ASSESSMENT PLAN
2012 UPDATE
Introduction
Sections 372.013 – 372.014 of Chapter 372 of the Local Government Code, known as the “Public
Improvement District Assessment Act” (the “Act”), require that an ongoing service plan for a public
improvement district cover a period of at least five (5) years and define the annual indebtedness and
projected costs of improvements. The service plan must be reviewed and updated annually for the
purpose of determining the annual budget for improvements. An assessment plan must be included in the
annual service plan. The following represents the updated Service and Assessment Plan (“SAP”) related
to the Cimarron Hills Public Improvement District (“District”) as required by the Act. The boundaries of
the District are described by metes and bounds on Exhibit A, attached hereto (the “District Boundary”).
Background
By action taken by the City Council, on August 8, 2000, the City of Georgetown (“City”) passed
Resolution No. 200808-S which authorized the establishment of the District. By action taken on April 24,
2001, the City Council passed Ordinance No. 2001-31, which approved the original SAP and levied
assessments on the property located in the District for certain public improvements.
The developer within the District has changed since the commencement of development in 2000.
The current developer is Cimarron Hills Development, LLC, an Arizona limited liability company
authorized to do business in Texas whose address is 103 Cimarron Hills Trail West, Georgetown, Texas
78628 and whose principal Arizona business address is 17207 North Perimeter Drive, Scottsdale,
Arizona 85255 (“Developer”).
As originally envisioned, the Cimarron Hills Subdivision (“Subdivision”) was conceived as a
residential and golf course community located on 812.99 acres (the “Original Project”). The District was
originally established to finance the construction and/or acquisition of no more than $17,500,000 in
public improvements plus related administrative and financing costs associated with the construction of
the public improvements necessary to provide water, wastewater, drainage, erosion control, bridge(s) and
roadways (the “Improvements”) to the residential lots and golf course acreage included in the Original
Project through the issuance by the City of District Special Assessment Revenue Bonds (“Bonds”)
secured by assessment liens placed upon the land within the District Boundary that were anticipated to
benefit from the Improvements, and the collection of annual assessment payments from the owners of
land within the District.
Assessment payments were allocated to four classes of lots with two primary goals in mind: (i) to
ensure minimal administrative burden to the City; and (ii) to offer a marketing advantage relative to the
successful build out of the District owing to the relative discount owners of land within the District would
receive on lots without completed homes. In addition, it was determined that the assessment would
impose equal shares of the cost on property similarly benefitted by the Improvements. (See City Council
Resolution No. 200808-S and Ordinance No. 2001-31). Annual assessment payments related to each
class of lot within the District were established as follows:
Class A - $3,400.00/lot/year (Platted Lots with Certificate of Occupancy)
Class B - $ 680.00/lot/year (Platted Lots without Certificate of Occupancy)
Class C - $ 99.73/acre/year (Unplatted Acreage)
Class D - $ 49.58/acre/year (Golf Course and Club Facilities)
Attachment number 3 \nPage 1 of 10
Item # N
2
Since the time of the initial creation of the District and the City’s approval of the original SAP,
there have been several changes:
First, the District has not issued any Bonds and the City has confirmed, based on market
conditions and other factors, that no Bonds will be issued by the City for the District to reimburse
the Developer for construction of the Improvements. However, as of August 15, 2012, the City
had levied $3,618,021.88 in annual assessments in accordance with the Act under City Ordinance
No. 2001-31 (April 24, 2001), of which $3,614,621.88 has been paid and $3,400.00 in assessment
payments remain delinquent.
Second, although City Ordinance No. 2001-31 authorized the assessment of bond financing costs
and service costs related to the billing, collection, fund management, auditing, reimbursement,
and other administrative costs associated with the assessments, those additional assessments for
financing costs and administrative/service costs have never been charged to the landowners in the
District. Instead those charges have been deducted by the City from any assessments remitted to
the Developer as reimbursement for Developer’s (or Developer’s predecessors in interest’s)
construction of the Improvements.
Third, the buildout of the Subdivision did not occur as originally anticipated and currently o nly
the land in Benefit Area I (defined below and shown on Exhibit B-1) has been platted. The land
in Benefit Area II (defined below and shown on Exhibit B-2) has not been platted and remains
substantially unimproved.
Fourth, the Improvements for the developed portion of the District (Benefit Area I) are now
complete and final costs can be determined for the completed Improvements.
Fifth, the Developer has proposed several changes to the Original Project, including the following
(which are set forth in more detail in the Amended and Restated Development Agreement and the
Consent Agreement dated to be effective contemporaneously with this updated SAP): (i) the
addition of 155 acres of land to the Subdivision; (ii) the addition of 292 residential lots to the
Subdivision; (iii) the replat of Phase Three, Section Two of the Original Project from 54 lots into
104 lots; and (iv) the creation of a municipal utility district over the 155 acres of newly added
land plus the land included in Benefit Area II (defined below), except for Phase Three, Section
Three and that portion of the golf course located in Benefit Area II. The new City-approved
Master Plan for the Subdivision showing the Developer’s new plan for the Subdivision is attached
hereto as Exhibit C.
Sixth, certain additional public improvements remain to be constructed to complete the
development within Benefit Area II. However, only $3,291,952 of the costs for Improvements
benefitting Benefit Area II will be financed by the levying of assessments with the District under
the Act. The remaining costs related to the improvements necessary to serve Benefit Area II
(excluding Phase Three, Section Three) and the additional 155 acres to be added to the
Subdivision will be financed through the creation of the new municipal utility district (and not
through the District).
In light of all of the foregoing circumstances, the City desires to update the SAP to provide final
costs for Improvements in the District that are subject to assessment, and a mechanism for property
owners to determine their outstanding assessment for purposes of prepaying the assessment should
property owners so desire. The City and the Developer have reached an agreement on the terms of an
Amended and Restated Development Agreement (pertaining to the development by Developer of the
Attachment number 3 \nPage 2 of 10
Item # N
3
expanded Subdivision) and a Consent Agreement (pertaining to the creation of a municipal uti lity district
over the land included in Benefit Area II (excluding Phase Three, Section Three and the golf course) plus
the 155 acres of additional land to be included in the Subdivision), which are intended to be made
effective contemporaneously with this updated SAP.
Therefore, in compliance with requirements outlined in various sections of the Act, the SAP for
the District is hereby updated as follows:
Section 1: Improvements and Services to be Provided to the District
The final cost of the Improvements constructed in the District that are to be financed by
assessments under the Act is $14,248,914 (the "Improvement Costs"), as summarized in Exhibit D. The
Improvements have been accepted by the entity having jurisdiction over those public improvements (i.e.,
the City, Williamson County (“County”) and/or the Chisholm Trail Special Utility District (“CTSUD”))
for on-going operations and maintenance purposes. It has been determined by qualified engineerin g
professionals licensed to practice in the State of Texas that $10,956,962 in Improvement Costs
specifically benefit the area containing the currently-developed portion of the District consisting of 319
finished lots as well as 145.02 acres of the golf course and club house facilities (“Benefit Area I”) as
illustrated in Exhibit B-1. It has also been determined by qualified engineering professionals licensed to
practice in the State of Texas that $3,291,952 in Improvement Costs benefit the District as a whole and
specifically benefit the undeveloped residential area of the District along with 128.87 acres of the golf
course (“Benefit Area II”) as illustrated in Exhibit B-2. The Benefit Area II Improvement Costs relate to
the construction of drainage improvements, water lines, a bridge, roadways, as well as the wastewater
treatment plant, and effluent pond sufficient to provide wastewater treatment capacity for the 287 single
family dwelling units contained within Benefit Area II.
The District shall not levy any assessments to finance the costs of any improvements other than
those Improvement Costs specifically set forth in Exhibit D, and the Developer shall not be entitled to
any reimbursement from the District for any such other costs. By way of example and without limitation,
the infrastructure costs incurred or to be incurred by the Developer necessitated by the replatting of Pha se
Three, Section Two of the Original Project from 54 lots to 104 lots shall not qualify as “Improvement
Costs,” and the District shall not finance or reimburse any such costs.
After analyzing the types of improvements authorized by the Act, the City determined that the
construction of the Improvements set forth in Exhibit D are allowed by the Act and are of special benefit
to the classes of property described herein as Benefit Areas I and II and are fully contained within the
District Boundary. The City has also determined that the Improvements have been accepted for
maintenance as public improvements by the entity having jurisdiction of the respective Improvement (i.e.,
the City, the County or CTSUD). The City, County and/or CTSUD will operate and maintain the
Improvements at their expense.
Section 2: Assessment Plan
As of the date of this updated SAP, the public improvements to be financed through the District
are complete. After analyzing the assessment methods allowed by the Act, the City has determined that
allocating costs between the four property classes (Class A – Platted Lots with Certificates of Occupancy,
Class B – Platted Lots without Certificates of Occupancy, Class C – Unplatted Acreage and Class D –
Golf Course and Club Facilities) based on the benefits of the Improvements received by each property
class within Benefit Areas I and II remains a fair and equitable means of allocating the costs of the
Improvements. The process for determining the total assessment lien related to each property type is
outlined below:
Attachment number 3 \nPage 3 of 10
Item # N
4
Step 1 – Determine Improvement Costs to be Financed by District Assessments
For purposes of this Plan and as determined by licensed and qualified engineering professionals,
the Improvement Costs which are of specific benefit to the residential lot classes (Class A, Class B and
Class C) located within Benefit Area I are $10,820,364. Costs of $136,598 are of specific benefit to the
145.02 acres of Class D (golf course and club house facilities) property contained within Benefit Area I.
The Improvement Costs that are of specific benefit to the residential lot classes (Class A, Class B
and Class C) located within Benefit Area II as determined by licensed and qualified engineering
professionals are $3,170,566. Costs of $121,386 are of specific benefit to the 128.87 acres of golf course
acreage included within Benefit Area II. The Benefit Area II costs relate to wastewater treatment plant ,
effluent pond capacity, water, drainage, roadway and bridge improvements.1
Accordingly, the total Improvement Costs allocated to Benefit Area I and Benefit Area II, and
allocated between golf course and residential lands within each such benefit area, are set forth below:
Benefit Area I Residential Improvement Costs- $10,820,364
Benefit Area I Golf Course Improvement Costs- $136,598
Total Benefit Area I Improvement Costs - $10,956,962
Benefit Area II Residential Improvement Costs- $3,170,566
Benefit Area II Golf Course Improvement Costs- $121,386
Total Benefit Area II Improvement Costs - $3,291,952
Total District Improvement Costs $14,248,914
Step 2 – Determine SAP Update Costs to be Financed by District Assessments
As of August 15, 2012, approximately $274,041.52 in costs have been incurred for financial,
legal and administrative costs in connection with the preparation of the update to this updated SAP (the
“SAP Update Costs”), excluding legal and staff costs incurred by the City for which the Developer will
be solely responsible for payment. A general description of services and costs included in the SAP
Update Costs are set forth below:
i. Approximately $48,383.75 in engineering costs have been incurred to evaluate
the capacity of all such Improvements, allocate costs of Improvements to benefitted parcels,
prepare District maps, and to otherwise provide engineering services necessary to update the
Service and Assessment Plan;
ii. Approximately $207,157.77 in costs have been incurred for financial consultant
services in order to determine the assessment lien associated with each lot/parcel contained within
1The original SAP allows total improvement costs of $17,500,000 to be funded through the PID. However, since the public improvements to be
assessed by the District are complete, no additional improvements will be funded through the PID related to Benefit Area I or Benefit Area II.
Certain public improvements remain to be constructed for Benefit Area II. All lands within Benefit Area II other than Phase Three Section Three
and the golf course will be included within the boundaries of a municipal utility district; therefore, additional taxes and/or fees are anticipated to
be assessed against such lands within Benefit Area II by the municipal utility district for construction of the public improvements necessary to
complete development of Benefit Area II. The municipal utility district may impose taxes and/or fees to finance the public improvements for
those lands within Benefit Area II that are also within the municipal utility district, but those taxes and/or fees are separate from the assessments
imposed pursuant to the Act.
Attachment number 3 \nPage 4 of 10
Item # N
5
the boundary of the District; determine the assessment payments made to date associated with
each lot/parcel; determine the current assessment amount outstanding for each lot/parcel;
determine the property class and related assessment payment required of each lot/parcel; and
(determine time required to pay off the remaining assessment lien for each lot/parcel; and
iii. Approximately $18,500.00 in legal costs have been incurred in connection with
drafting and consulting services relating to the update of the SAP.
The Developer and the City have agreed to limit the total SAP Update Costs to be financed by the
District assessments to $250,000.00. These SAP Update Costs have been allocated to lot classes in
Benefit Area I and Benefit Area II based on the pro-rata share of the Improvement Costs allocated to each
Benefit Area. Accordingly, the $250,000 in SAP Update Costs allocated to Benefit Area I and Benefit
Area II , and allocated between golf course and residential lands within each such benefit area, are set
forth below:
Benefit Area I Residential SAP Update Costs- $189,845
Benefit Area I Golf Course SAP Update Costs- $2,397
Total Benefit Area I SAP Update Costs - $192,242
Benefit Area II Residential SAP Update Costs- $55,628
Benefit Area II Golf Course SAP Update Costs- $2,130
Total Benefit Area II SAP Update Costs - $57,758
Total District SAP Update Costs $250,000
As of September 15, 2012 the City has incurred additional SAP Update Costs in the approximate
amount of $45,000.00 (“City SAP Update Costs”). The Developer shall be solely responsible for
payment of the City SAP Update Costs. The District shall not levy assessments for the City SAP Update
Costs, and the Developer shall not receive reimbursement for the City SAP Update Costs.
Step 3 – Determine Total District Costs to be Financed by District Assessments
The total costs to be financed by the District consist of the Improvement Costs plus the SAP
Update Costs (collectively, the “District Costs”). Accordingly, the total District Costs allocated to
Benefit Area I and Benefit Area II, and allocated between residential and golf course lands within each
such benefit area, are as follows:
Benefit Area I Residential District Costs- $11,010,209
Benefit Area I Golf Course District Costs- $138,994
Total Benefit Area I District Costs - $11,149,204
Benefit Area II Residential District Costs- $3,226,194
Benefit Area II Golf Course District Costs- $123,516
Total Benefit Area II District Costs - $3,349,710
Total District Costs $14,498,914
Attachment number 3 \nPage 5 of 10
Item # N
6
Step 4 – Allocate Total District Costs to Individual Properties within the District
Benefit Area I
Allocating $11,010,210 in residential lot categories (Class A, B and C) to 319 lots provides a total
per lot assessment amount of $34,514.77 ($11,010,210/319 lots). The remaining costs of $138,994 are
allocable to the golf course property (Class D) amounting to $958.45 per acre ($138,994/145.02 acres).
As of the date of this SAP update, the City has approved a replat of Phase Three, Section Two of
the Original Project from 54 residential lots to 104 residential lots, but the Developer has not yet recorded
such replat. Since the Improvements were constructed to serve the original 54 residential lots, only the
costs associated therewith qualify as “Improvement Costs” to be financed by the Di strict through the levy
of assessments. No assessments will be levied for the infrastructure costs incurred or to be incurred by
the Developer associated with replatting the lands within Phase 3, Section 2, and the District shall not
reimburse the Developer for any such costs.
Benefit Area II
Allocating $3,226,194 to the remaining Benefit Area II residential lot categories (Class A, B, and
C) to 287 lots provides a total per lot assessment amount of $11,241.09 ($3,226,194/287 lots). The
remaining costs of $123,516 are allocable to the golf course property (Class D) amounting to $958.45 per
acre ($123,516/128.87 acres).
Step 5 – Offset Total Assessment Amount Due by Assessments Previously Paid
As property owners have paid annual assessment payments in amounts which reflect the
classification of their property type (Class A, B, C and D) since 2002 totaling $3,614,621.88, the amount
paid by each property owner as represented by the William Central Appraisal District’s assessor parcel
number needs to be deducted from the per lot assessment amount determined in Step 4 above to reflect
payments made to date and to determine the current outstanding balance related to each individual
property. Accordingly, assessment payment histories were prepared by the Williamson County Tax
Assessor’s office and the amounts paid to date by assessor parcel number were deducted from the per lot /
per acre assessment in Step 4 above to arrive at the outstanding assessment amount as of August 15,
2012. Current outstanding assessment amounts by parcel number are reflected in the revised Assessment
Roll included hereto as Exhibit E.
Step 6 – Determination of Payoff Date
Annual assessment payments related to each class of property will remain as originally
established as follows:
Class A - $3,400.00/lot/year (Platted Lot with Certificate of Occupancy)
Class B - $ 680.00/lot/year (Platted Lot without Certificate of Occupancy)
Class C - $ 99.73/acre/year (Unplatted Acreage)
Class D - $ 49.58/acre/year (Golf Course and Club Facilities)
The annual assessment payments shown above represent the payments necessary to repay the
District Costs, as herein defined, and do not include interest on the outstanding assessment balance. Other
than fines, penalties and/or other related interest charges associated with the non-payment or late payment
of assessments pursuant to Section 33.01 of Texas Tax Code, interest charges will not be applied to the
outstanding assessment balances.
Attachment number 3 \nPage 6 of 10
Item # N
7
As individual lot categories have different annual assessment payment amounts, the time over
which each individual property owner will have to pay-off their outstanding assessment amount will vary
with the property classification. For example, if the outstanding assessment balance for a Class A
property owner is $13,500, then the time required to pay off the outstanding assessment is approximately
3.97 ($13,500/$3,400) years. If the property is currently a Class B property, the estimated pay-off time is
approximately 19.85 ($13,500/$680) years. As property will change classifications as it moves through
the development cycle (i.e. unplatted acreage to platted lot to finished home with Certificate of
Occupancy), the assessment payment amounts will be revised on an annual basis as further discussed in
Section 3. As such, the estimated payoff date will be revised as individual property types change their
property classification.
Section 3: Assessment Roll
The District consists of those properties contained within Benefit Areas I and II contained within
the District Boundary as described and Exhibit A. The revised Assessment Roll as of August 15, 2012
for properties within the District is attached hereto as Exhibit E. The revised Assessment Roll shows the
name and address of each property owner in the District, the description of the parcel being assessed, the
Benefit Area in which the parcel is located, the total amount of the assessment, and (as of August 15,
2012) the current classification of the property (Class A, B, C or D), the total amount of assessment paid
to date, the amount of the total assessment remaining to be paid as of August 15, 2012, and the annual
amount of the assessment for the property within the District.
The classification of the properties within the four assessment classes may change from time -to-
time depending upon the stage of development of the property. As a result, the Assessment Roll will be
revised annually by the City or by Williamson County Tax Assessor Office, as necessary, to reflect the
applicable assessment classes for the respective property as of January 1 of each year.
Section 4: Collection and Disposition of Assessments
In accordance with Sections 372.023 and 372.024 of the Act, the City, will continue to collect
assessments for the District Costs. The Total District Costs to be assessed are as follows:
A) Total District Costs – Benefit Area I Final Costs: $11,149,204
B) Total District Costs – Benefit Area II Not to exceed: $ 3,349,710
The District Costs shown on Exhibit D (up to a maximum of $14,498,914 and less the Service
Costs, defined below) shall be reimbursed to the Developer by the City solely from the collection of
assessment payments received from landowners within the District, and from no other source.
Other costs incurred for the administration and operation of the District, including those costs of
the City, third party administrators (if any), and County in annually billing and collecting assessments,
managing and auditing the assessment fund, paying bank charges and fees, and making payments to the
Appropriate Party (defined below) related to the construction of the Improvements, and similar
administrative costs (“Service Costs”). The Service Costs (up to an annual maximum of $15,000 for
each year that Services are performed) shall be deducted from any assessments collected and retained by
the City prior to remittance of any assessments to the Developer.
The Developer’s or City’s (each an “Appropriate Party”) portion of the assessment payments
received by the City shall be remitted to the Appropriate Party or its successors and assigns upon request
of the Appropriate Party until their respective costs are paid in full; provided, however, that the City shall
not be required to remit payment to an Appropriate Party more than four times per year . Each assessment
Attachment number 3 \nPage 7 of 10
Item # N
8
payment to an Appropriate Party will include a written accounting identifying the assessments collected
during the preceding period, assessment payments outstanding (i.e. delinquent) and penalties and interest
levied, as well as the amount of any Service Costs funded through the assessment collections.
Penalty and interest charges on delinquent assessments, if any, shall be retained and used by the
City to defray the Service Costs. The Developer shall have no right to receive any penalty or interest
payments on delinquent assessments.
Section 5: Ownership and Maintenance of Improvements
As of the date of this updated SAP, all of the Improvements for Benefit Area I have been
constructed and accepted for ownership and maintenance by the entity having jurisdiction over the
Improvements (i.e., by the City, the County, or Chisholm Trail Special Utility District). Maintenance
costs and other fees related to the Improvements in Benefit Area I will not be assessed under the Act, but
will be charged by the City, County, or CTSUD (as the case may be) under their respective laws,
ordinances, rules, policies, and regulations. As improvements are constructed in Benefit Area II, it is
anticipated that those Improvements will also be owned and maintained by the entity having jurisdiction
over the Improvements in Benefit Area II. No fees or expenses related to the maintenance or repairs of
the Improvements shall be due from or collected from property within the District other than those
currently provided for under City laws and regulations for any municipally owned improvements.
Section 6: Levy of Assessments
As authorized by Section 372.003(14) of the Act, there is hereby levied against the property in the
District by the City the assessments for the District Costs as set forth on the revised Assessment Roll in
Exhibit E attached hereto, which shall remain in effect from year-to-year until all applicable amounts are
finally paid or until the City adjusts the levy after a hearing and determination of benefits in any year
pursuant to Section 372.015(d) of the Act. The City has contracted with the Williamson County Tax
Assessor’s Office to perform the duties of the City relating to collection of the assessments levied under
the Act. The Assessment Roll will be revised annually to reflect the indi vidual properties’ payments,
applicable assessment class, and total remaining assessment due, in accordance with this updated SAP.
Any real property conveyed to the City, County or CTSUD in connection with the Improvements shall
not be assessed.
Except as otherwise provided by Section 31.04 of the Texas Tax Code, assessment payments are
due on receipt of the assessment bill and are delinquent if not paid before February 1 of the year
following the year in which imposed. The first annual assessments under this updated SAP shall be due
and payable on or before January 31, 2013, and thereafter each annual assessment for shall be payable on
or before each January 31, thereafter until the Improvement Costs, including accrued penalties and
interest on delinquent assessments (as provided in and allowed by the Texas Tax Code), are paid in full.
No further assessment shall be made for lots that have been replatted after the total assessment
amount has already been paid. By way of example and without limitation, after Developer has paid the
assessment amounts associated with Phase 3, Section Two, Phase Three, Section Three as required by
Section 7, and the land in Benefit Area II (excluding the golf course) in the amounts shown on the revised
Assessment Roll attached hereto as Exhibit E, no new assessments shall be assessed by the District
against those lands upon subsequent platting or replatting.
Attachment number 3 \nPage 8 of 10
Item # N
9
Section 7: Prepayment of Assessments
Pursuant to the provision of Section 372.018(f) of the Act, an assessment may be paid in whole or
in part at any time by paying the unpaid amount of the assessment plus the penalties and interest on
delinquent assessments accrued (if applicable) that have been imposed prior to the date of payment of the
assessment.
Notwithstanding the foregoing, the Developer shall pre-pay certain assessments as follows:
(i) The Developer shall pre-pay all remaining assessments levied on Phase Three, Section
Two of the Original Project (approximately $1,686,072.00) prior to recordation of the
replat for such lands and in no event later than the date on which an election is held for
confirming the creation of a municipal utility district;
(ii) The Developer shall pre-pay all remaining assessments levied on Phase Three, Section
Three of the Original Project (approximately ($468,499.00) prior to recordation of a final
plat for such lands and in no event later than the date on which an election is held for
confirming the creation of a municipal utility district; and
(iii) The Developer shall pre-pay all remaining assessments for all lands in Benefit Area II
(excluding the golf course) (approximately $2,567,140.00) on or before the date that an
election is held for confirming the creation of a municipal utility district.
Section 8: Interest and Penalties on Delinquent Assessments
A delinquent assessment shall incur a penalty of six percent (6%) of the amount of the assessment
for the first calendar month it is delinquent plus one percent (1%) for each additional month or portion of
a month the assessment remains unpaid prior to July 1 of the year in which it becomes delinquent.
However, an assessment delinquent on July 1 shall incur a total penalty of twelve percent of the amount
of the delinquent assessment without regard to the number of months the assessment has been delinquent.
A delinquent assessment continues to incur the penalty as long as the assessment remains unpaid,
regardless of whether a judgment for the delinquent assessment has been rendered. Penalties shall not
exceed the amounts permitted by Section 33.07 and 33.08 of the Tax Code.
In addition, a delinquent assessment accrues interest at a rate of one percent (1%) for each month
or portion of a month the assessment remains unpaid. A delinquent assessment continues to accrue
interest as long as the assessment remains unpaid, regardless of whether a judgment for the delinquent
assessment has been rendered. Interest shall not exceed the amounts permitted by Section 33.01 of the
Tax Code.
Section 9: Attorneys Fees
If an assessment remains delinquent on July 1 in the year in which the assessment became
delinquent, there shall be imposed an additional penalty to defray costs of collection if it is necessary for
the City to use an attorney to collect the delinquent assessment. The attorney's fees shall be either an
amount equal to 15 percent (15%) of the total amount of delinquent taxes, penalties, and interest that the
property owner owes the City or such other percentage as may be specified in Section 33.22(e) of the Tax
Code) or the amount of attorneys fees allowed by Tax Code § 33.22(d).
Attachment number 3 \nPage 9 of 10
Item # N
10
Section 10: No Discounts or Split Payments
There will be no split payments of an assessment and no discount related to the early payment of
an assessment.
Section 11: Lien for Collection of Assessments
Assessments together with interest on delinquent accounts, penalties, and expenses of collection
and reasonable attorney’s fees, as permitted by the Tax Code shall be a first and prior lien against the
property assessed, superior to all other liens and claims, except liens or claims for state, county school
district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the owner of
the property regardless of whether the owners are named. The lien for assessments and penalties and
interest on delinquent accounts is effective from the date of the Ordinance levying the Assessments (the
“Assessment Ordinance”) until the assessment is paid.
Section 12: Collection of Delinquent Assessments
If default is made in payment of any of the sums assessed against a property owner and their
property, collection shall be enforced by suit in any Court having jurisdiction or by lien foreclosure or
both, in the same manner that an ad valorem tax lien against real property may be enforced by a
governing body, pursuant to Section 33.01 et seq. of the Texas Tax Code.
Section 13: Applicability of Tax Code
To the extent not inconsistent with the Assessment Ordinance, and not inconsistent with Chapter
372 of the Code or the other laws governing public improvement districts, the provisions of the Texas
Tax Code shall be applicable to the imposition and collection of Assessments.
Section 14: No Acceleration of Installments
Failure to pay an assessment when due shall not accelerate the payment of the remaining
installments of the assessment and such remaining installments (together with penalties and interest on
delinquent accounts thereon) shall continue to be due and payable at the same time and in the same
amount and manner as if such default had not occurred.
Section 15: Lien Survives Foreclosure
Any sale of property for nonpayment of an assessment per annum shall be subject to the lien
established for the remaining unpaid assessment against such property and such property may again be
sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the non -
delinquent assessment against such property as they become due and payable pursuant to the terms of the
Assessment Ordinance.
Section 16: Reassessments
Pursuant to Section 372.020, Texas Local Government Code, the City Council of Georgetown,
Texas may make a reassessment of a parcel of land if: (1) a court of competent jurisdiction sets aside an
assessment against the parcel; (2) the City determines the original assessment was excessive; or (3) on the
written advice of counsel, the City determines that the original assessment is invalid.
Attachment number 3 \nPage 10 of 10
Item # N
Attachment number 4 \nPage 1 of 2
Item # N
Attachment number 4 \nPage 2 of 2
Item # N
EXHIBIT B-1:
Cimarron Hills
Public Improvement District
Benefit Area I
BENEFIT AREA I
JACK NICKLAUS BLVD
STATE HIGHWAY 29
Attachment number 5 \nPage 1 of 1
Item # N
EXHIBIT B-2:
Cimarron Hills
Public Improvement District
Benefit Area II
JACK NICKLAUS BLVD
STATE HIGHWAY 29
BENEFIT AREA II
BENEFIT AREA II
BENEFIT AREA II
BENEFIT AREA II
Attachment number 6 \nPage 1 of 1
Item # N
OF 1
Texas
Engineering
Solutions
MASTER PLAN
FOR
CIMARRON
HILLS
DEVELOPMENT
O W N E R /D E V E L O P E R
P R O J E C T D A T A
EXHIBIT "C"
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FUTURE 60' PUBLIC R.O.W.
1
ACCESS POINT
ACCESS POINT
TO ADJACENT
PROPERTY
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FUTURE
ACCESS POINT
ACCESS POINT
MAIN ACCESS POINT
TO DEVELOPMENT
FUTURE
ACCESS POINT
DEVELOPED
PARKLAND
DEDICATION
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HIKE & BIKE TRAIL
CLUB HOUSE FACILITY &
COMMUNITY CENTER
GOLF COURSE PROJECT LANDS
FUTURE PUBLIC ROADWAY ACCESS POINTS
HIKE & BIKE TRAIL
INTERNAL
ACCESS POINT
INTERNAL
ACCESS POINT
ACCESS POINT
TO ADJACENT
PROPERTY
TEMPORARY SALES
OFFICE
TEMPORARY
MAINTENANCE FACILITY
OPEN SPACE AREA
TO BE DEDICATED
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Exhibit "D"
Cimarron Hills
Reconciliation of Public Improvement Costs
7-Sep-12
Source: City Performance Bonds for Installation of Improvements
Description Total Drainage Wastewater Water Erosion Control Bridge Paving
1 WWTP $1,359,500 $1,359,500
2 Effluent Pond $980,210 $980,210
3 Phase 1, Section 1,2,3,4 Wastewater $431,357 $431,357
4 Phase 1, Section 1 water, wastewater, streets , drainage $2,156,937 $446,742 $359,056 $259,000 $51,460 $1,040,679
5 Phase 1, Section 2, water, wastewater, streets , drainage $1,227,739 $383,817 $258,625 $153,443 $19,100 $412,754
6 Phase 1, Section 3, water, wastewater, streets , drainage $2,017,469 $516,431 $638,034 $202,173 $19,820 $641,011
7 Phase 1, Section 4 (Entry / Welcome Center)$0 $0 $0 $0 $0 $0 $0
8 Phase 1, Section 5 (Golf Clubhouse/Community Center)$0 $0 $0 $0 $0 $0 $0
9 Phase 1, Section 6 (WWTP / Effluent Pond)$0 $0 $0 $0 $0 $0 $0
10 Phase 1, Section 7 (Original Ranch Unit)$0 $0 $0 $0 $0 $0 $0
11 Phase 2, Section 2, water, wastewater, streets , drainage $2,573,293 $490,042 $600,644 $0 $806,366 $676,241
12 Phase 2, Section 2, water, wastewater, streets , drainage (1)$375,484 $375,484
13 Phase 2, Section 1, water, wastewater, streets , drainage $1,001,789 $208,912 $303,873 $95,670 $393,334
14 Phase 3, Section 1, (Villas - 12 Residential Lots)$0 $0 $0 $0 $0 $0 $0
15 Phase 3, Section 2, water, wastewater, streets , drainage $1,931,943 $587,050 $430,593 $333,853 $21,856 $558,591
16 Phase 5, Section 1, (5 golf lots)$0 $0 $0 $0 $0 $0 $0
Subtotal Costs $14,055,721 $2,632,994 $5,361,892 $1,419,623 $112,236 $806,366 $3,722,610
17 Mobilization Costs (Allocated by DPFG on prorata basis)$193,193 $36,190 $73,698 $19,512 $1,543 $11,083 $51,167
Total $14,248,914 $2,669,184 $5,435,590 $1,439,135 $113,779 $817,450 $3,773,776
Footnotes
(1) This cost was erroneously omitted from the City's costs.
Cimarron Hills Public Improvement District
Improvement Cost Allocation
Total Improvement Costs
Description (1)Total Drainage Wastewater Water Erosion Control Bridge Paving
Benefit Area I Costs (2)
WWTP $715,644 $0 $715,644 $0 $0 $0 $0
Effluent Pond $515,985 $0 $515,985 $0 $0 $0 $0
Phase 1, Section 1,2,3,4 Wastewater $227,067 $0 $227,067 $0 $0 $0 $0
Phase 1, Section 1 water, wastewater, streets , drainage $2,008,195 $402,068 $359,056 $259,000 $51,460 $0 $936,611
Phase 1, Section 2 water, wastewater, streets , drainage $893,098 $230,290 $164,819 $107,410 $19,100 $0 $371,479
Phase 1, Section 3 water, wastewater, streets , drainage $1,901,725 $464,788 $638,034 $202,173 $19,820 $0 $576,910
Phase 1, Section 4 (Entry / Welcome Center)$0 $0 $0 $0 $0 $0 $0
Phase 1, Section 5 (Golf Clubhouse/Community Center)$0 $0 $0 $0 $0 $0 $0
Phase 1, Section 6 (WWTP / Effluent Pond)$0 $0 $0 $0 $0 $0 $0
Phase 1, Section 7 (Original Ranch Unit)$0 $0 $0 $0 $0 $0 $0
Phase 2, Section 2 water, wastewater, streets , drainage $1,524,685 $294,025 420,451 $0 $0 $201,592 $608,617
Phase 2, Section 2 water, wastewater, streets , drainage $262,839 $0 $0 $262,839 $0 $0 $0
Phase 2, Section 1 water, wastewater, streets , drainage $941,565 $188,021 $303,873 $95,670 $0 $0 $354,001
Phase 3, Section 1, (Villas - 12 Residential Lots)$0 $0 $0 $0 $0 $0 $0
Phase 3, Section 2 water, wastewater, streets , drainage $1,817,377 $528,345 $430,592 $333,853 $21,856 $0 $502,731
Phase 5, Section 1, (5 golf lots)$0 $0 $0 $0 $0 $0 $0
Subtotal BA I Costs - Prior to Mobilization Costs $10,808,180 $2,107,537 $3,775,521 $1,260,945 $112,236 $201,592 $3,350,349
Estimated Share of Mobilization Costs $148,780 $28,967 $52,117 $17,332 $1,543 $2,771 $46,050
Total Benefit Area I - Internal Specific Costs $10,956,961 $2,136,504 $3,827,639 $1,278,277 $113,779 $204,363 $3,396,399
Benefit Area II Costs (2)
WWTP $643,855 $0 $643,855 $0 $0 $0
Effluent Pond $464,225 $0 $464,225 $0 $0 $0
Section 1,2,3,4 Phase I Wastewater $204,290 $0 $204,290 $0 $0 $0
Section 1, Phase 1 water, wastewater, streets , drainage $148,742 $44,674 $0 $0 $0 $0 $104,068
Section 2, Phase 1 water, wastewater, streets , drainage $334,642 $153,527 $93,807 $46,033 $0 $0 $41,275
Section 3, Phase 1 water, wastewater, streets , drainage $115,744 $51,643 $0 $0 $0 $0 $64,101
Section 2, Phase 2 water, wastewater, streets , drainage $1,048,609 $196,017 $180,193 $0 $0 $604,775 $67,624
Section 2, Phase 2 water, wastewater, streets , drainage $112,644 $0 $0 $112,644 $0 $0 $0
Section 1, Phase 2 water, wastewater, streets , drainage $60,224 $20,891 $0 $0 $0 $0 $39,333
Section 2, Phase 3 water, wastewater, streets , drainage $114,564 $58,705 $0 $0 $0 $0 $55,859
Subtotal BA II Costs Prior to Mobilization Costs $3,247,539 $525,457 $1,586,370 $158,677 $0 $604,775 $372,260
Estimated Share of Mobilization Costs $44,413 $7,222 $21,581 $2,181 $0 $8,312 $5,117
Total Costs - Benefit Area II $3,291,952 $532,679 $1,607,951 $160,858 $0 $613,087 $377,377
Total Public Improvement Costs $14,248,913 $2,669,183 $5,435,590 $1,439,135 $113,779 $817,450 $3,773,776
Cimarron Hills Public Improvement District
Improvement Cost Allocation By Benefit Area
Total Improvement Costs
Description (1)Total Drainage Wastewater Water Erosion Control Bridge Paving
Benefit Area I Cost Allocation
Residential Lots $10,820,364 $2,136,504 $3,691,041 $1,278,277 $113,779 $204,363 $3,396,399
Golf Course Acreage $136,598 $136,598
Total Benefit Area I Cost Allocation $10,956,962 $2,136,504 $3,827,639 $1,278,277 $113,779 $204,363 $3,396,399
Benefit Area II Cost Allocation
Residential Lots $3,170,566 $532,679 $1,486,565 $160,858 $0 $613,087 $377,377
Golf Course Acreage $121,386 $121,386
Total Benefit Area II Cost Allocation $3,291,952 $532,679 $1,607,951 $160,858 $0 $613,087 $377,377
Total Public Improvement Costs $14,248,914 $2,669,183 $5,435,590 $1,439,135 $113,779 $817,450 $3,773,776
Cimarron Hills Public Improvement District
Improvement Cost Allocation By Cost Category and Benefit Area/Final Assessments
Reconciliation of Costs to Benefit Areas
Residential Improvement
Costs
Golf Course
Improvement Costs
SAP Update
Costs (4)
Total Costs To
Be Assessed
Number Lots /
Acres
Assessment Per
Lot / Acre
Benefit Area I - Residential $10,820,364 $0 $189,845 $11,010,209 319 $34,514.76
Benefit Area I - Golf Course (3)$0 $136,598 $2,397 $138,994 145.02 $958.45
Subtotal - Benefit Area I $10,820,364 $136,598 $192,242 $11,149,204
Benefit Area II - Residential $3,170,566 $0 $55,628 $3,226,194 287 $11,241.09
Benefit Area II - Golf Course (3)$0 $121,386 $2,130 $123,516 128.87 $958.45
Subtotal - Benefit Area II $3,170,566 $121,386 $57,758 $3,349,710
Total Costs $13,990,930 $257,984 $250,000 $14,498,914
Footnotes
(1) Source: City of Georgetown Public Works Department
(2) Cost allocation prepared by Texas Engineering Solutions.
(3) Regional WWTP costs allocated to golf course based upon LUEs and acreage within Benefit Area.
(4) Estimated Modification Costs.
Note: Numbers may differ slighlty due to rounding.
Page 1 X:\TFroelich\Desert Troon\Cimarron Hills\SAP Assessment Modification Analysis\SAP 9-7-12
Attachment number 8 \nPage 1 of 1
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R405528
PIVOTAL CIMARRON HILLS
LP
17207 N. Perimeter Drive, Ste 200
%Cimarron Hills 2000 LP, Scottsdale, AZ
85255 HIGHWAY 29 LIBERTY HILL, TX 78642
AW0490 PORTER, A.H.SUR., ACRES 33.15
N15EC - COUNTRY CLUB / GOLF COURSE -
LIBERTY HILLS 1 D 33.150 0 Acre $0.00 $31,224.87 $547.85 $31,772.71 $958.45 $16,687.63 $15,085.09 $0.00 $1,643.58
R414459
ENDERLE MARK R &
CYNTHIA B
MARK R ENDERLE REVOC LIV TRT
PO BOX 2393
CASHIERS, NC 28717-2393
201 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 1, ACRES .63 1 B 0.630 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414460
KENNEDY, TIMOTHY L &
REBECCA L
PO BOX 608
GEORGETOWN, TX 78627-0608
107 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 2, ACRES .55 1 A 0.550 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $31,960.00 $2,554.76
R
4
3
0 $0.00 $3,400.00
R414461
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
105 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 3, ACRES .44 1 B 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $7,480.00 $27,034.76
R
4
3
0 $0.00 $680.00
R414462
KILPATRICK, LYNETTE D &
MARK D MURPHY
2608 174TH AVE NE
REDMOND, WA 98052
103 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 4, ACRES .56 1 B 0.560 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,800.00 $27,714.76 $0.00 $680.00
R414463
WOLF JAMES TYLER &
HAILEY ANNE & JAMES
DAVID CUSTODIAN FOR
COURTNEY TAYLOR WOLF
414 INDIGO LN
%JAMES DAVID WOLF
GEORGETOWN, TX 78628-6926
209 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 5, ACRES .76 1 A 0.760 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $21,080.00 $13,434.76
R
4
3
0
0 $0.00 $3,400.00
R414464
MCKENDALL, ALAN R &
YOLANDA P
102 COPPER POINT CV
GEORGETOWN, TX 78628-6933
102 COPPER POINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 6, ACRES .95 1 A 0.950 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $14,280.00 $20,234.76 $0.00 $3,400.00
R414465
BRANNEN, DAVID L & W
PAULETTE
PO BOX 208
GEORGETOWN, TX 78627-0208
103 COPPER POINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 7, ACRES .87 1 A 0.870 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414466 BENTON, BILL K & JANE ANN
1251 COUNTY ROAD 248
GEORGETOWN, TX 78633-4368
101 COPPER POINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 8, ACRES .72 1 B 0.720 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414467
DELPHI AFFORDABLE
HOUSING GROUP INC
9433 FM 2244 STE 3-201
AUSTIN, TX 78733-6116
100 LONG POINT CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 9, ACRES .84 1 B 0.840 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414468
CHOI, FRANCISCO T &
MARYANN M
121 LOGAN RANCH RD
GEORGETOWN, TX 78628-1203
102 LONG POINT CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 10, ACRES .75 1 B 0.750 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414469 NEW, R BRENT & SHARON
104 LONG POINT CV
GEORGETOWN, TX 78628
104 LONG POINT CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 11, ACRES .89 1 A 0.890 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,040.00 $15,474.76 $0.00 $3,400.00
R414470
SOMMERFELD, JOHN DAVID
& TYLA FAY
101 WINDEMERE W
LEANDER, TX 78641-1625
103 LONG POINT CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 12, ACRES .90 1 B 0.900 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414471
CARDENAS, HERMAN &
SHARON
101 LONG POINT CV
GEORGETOWN, TX 78628
101 LONG POINT CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK A,
LOT 13, ACRES .73 1 A 0.730 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R414473 CAULFIELD MICHAEL P &
776 ROCKBURN DR
ROBERT C CAULFIELD
ELLICOTT CITY, MD 21043
106 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 15, ACRES .43 1 B 0.430 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414474 SHAPIRO, IRA & DIANE
200 GOODNIGHT DR
GEORGETOWN, TX 78628-6928
200 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 16, ACRES .50 1 A 0.500 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,600.00 $3,914.76 $0.00 $3,400.00
R414475 TERRY W R & L K TRUSTEES
TERRY REVOCABLE TRUST
204 GOODNIGHT DR
GEORGETOWN, TX 78628-6928
202 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 17, ACRES .52 1 B 0.520 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414476 TERRY W R & L K TRUSTEES
TERRY REVOCABLE TRUST
204 GOODNIGHT DR
GEORGETOWN, TX 78628-6928
204 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 18, ACRES .60 1 A 0.600 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414477
WILLIAMS THERESA J &
ESTATE OF JOHN ROBERT
WILLIAMS
505 W 21ST ST
GEORGETOWN, TX 78626-8421
206 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 19, ACRES .51 1 A 0.510 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,600.00 $3,914.76 $0.00 $3,400.00
R414478 BOYD, BENNY, JR
208 GOODNIGHT DR
GEORGETOWN, TX 78628-6928
208 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 20, ACRES .53 1 A 0.530 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,600.00 $3,914.76 $0.00 $3,400.00
R414479 MILLER, DONNA R
173 HIGHLAND PLACE
MONROVIA, CA 91016
300 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 21, ACRES .55 1 B 0.550 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414480 DIMENSION REMODELING LP
PO BOX 3000 # 231
GEORGETOWN, TX 78627-3000
100 WATERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD (BLK D
LTS 30,31,32,36 AMD), BLOCK D, LOT 30,
ACRES .58 1 B 0.580 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414481
READ, STEVEN M & MELISSA
ELAYN
102 WATERSTONE CV
GEORGETOWN, TX 78628
102 WATERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD (BLK D
LTS 30,31,32,36 AMD), BLOCK D, LOT 31,
ACRES .66 1 A 0.660 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,719.51 $14,795.25 $0.00 $3,400.00
R414482
PIVOTAL CIMARRON HILLS
LP
% CIMARRON HILLS 2009 LP
17207 N PERIMETER DR #200
SCOTTSDALE, AZ 85255
103 WATERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD (BLK D
LTS 30,31,32,36 AMD), BLOCK D, LOT 32,
ACRES .74 1 B 0.740 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414483 DIMENSION REMODELING LP
PO BOX 3000 # 231
GEORGETOWN, TX 78627-3000
101 WATERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 33, ACRES .53 1 B 0.530 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414484 KARR, HAIKA B & KEVIN
200 ROSE SPG
GEORGETOWN, TX 78628-6931
200 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 34, ACRES .56 1 A 0.560 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R414485 MEHTA, VIJAY
4101 HICKORY ROAD, TEMPLE, TX
76502
100 HAMMERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 35, ACRES .72 1 B 0.720 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414486
VOLLING, MICHAEL T &
SALLY M TRUSTEES OF
VOLLING FAMILY TRUST
102 HAMMERSTONE CV
GEORGETOWN, TX 78628
102 HAMMERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD (BLK D
LTS 30,31,32,36 AMD), BLOCK D, LOT 36,
ACRES .96 1 A 0.960 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414487 BOSWELL, H M III & KRISTEN
705 BELMONT DR
GEORGETOWN, TX 78626-6311
103 HAMMERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 37, ACRES .90 1 B 0.900 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414488
STOUT, JOHN COLE & GARY
MARTIN
PO BOX 1990
MARBLE FALLS, TX 78654-2681
101 HAMMERSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK D,
LOT 38, ACRES .73 1 A 0.730 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R414490 TURPIN, STEPHEN A
1967 COUNTY ROAD 103
GEORGETOWN, TX 78626-3818
100 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 22, ACRES .47 1 B 0.470 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414491 RYAN, REESE
3400 E PALM VALLEY BLVD
ROUND ROCK, TX 78665
102 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 23, ACRES .52 1 B 0.520 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414492
BENSON, ROBERT A &
CAREY B
103 SPEARPOINT CV
GEORGETOWN, TX 78628-6953
104 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 24, ACRES .45 1 B 0.450 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414493
EVANS RAYLAN & BEVERLEY
J TRUSTEES OF EVANS
TRUST
1910 MEDI PARK DR APT 30
AMARILLO, TX 79106-2187
106 ROSESPRING, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 25, ACRES .75 1 B 0.750 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414494
TIM W LONG CUSTOM
HOMES INC
8
ATTN: TIM W LONG, PRES
4400 W STATE HIGHWAY 29
GEORGETOWN, TX 78628-7010
102 WATER SONG, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 26, ACRES .48 1 B 0.480 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
Attachment number 9 \nPage 1 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R414495 BLAIR, RICHARD G & MARI
2430 MADELINE LOOP
CEDAR PARK, TX 78613-5914
104 WATER SONG, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 27, ACRES .46 1 B 0.460 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414496 MCINTOSH, LEE H
C/O MCINTOSH HOLDINGS LLC
PO BOX 2567
GOERGETOWN, TX 78626
200 WATER SONG, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 28, ACRES .49 1 B 0.490 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,119.14 $28,395.62 $0.00 $680.00
R414497
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
202 WATER SONG, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 1 PUD, BLOCK G,
LOT 29, ACRES .51 1 B 0.510 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414948 DEL, PAPA OMERO
PO BOX 8466
THE WOODLANDS, TX 77387-8466
208 CIMMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 62, ACRES .79 1 B 0.790 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414962 RYAN, NOLAN & RUTH
210 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6878
210 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 63, ACRES .67 1 A 0.670 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,600.00 $3,914.76 $0.00 $3,400.00
R414963 MCCLURE, DON & CHERYL
6186 MASSIVE PEAK CIR
CASHE ROCK, CO 80108
212 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 64, ACRES .86 1 B 0.860 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414964
FITZGERALD, JAMES L &
SUSAN B
103 PALOMA PT
GEORGETOWN, TX 78628
102 PALOMA POINT, GEORGETOWN,
TX 78628
S7664 - Cimarron Hills Ph 1 Sec 2 Pud, BLOCK
C, Lot 65, ACRES 0.52 1 B 0.520 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $8,840.00 $25,674.76 $0.00 $680.00
R414968
BRIDGEWATER BUILDERS
INC
8531 LESLIE RD LOT 102
SAN ANTONIO, TX 78254-9636
110 PALOMA POINT, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 69, ACRES .51 1 A 0.510 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414969 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
112 PALOMA POINT, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 70, ACRES .66 1 B 0.660 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414970
LARANANG, MICHAEL P &
CHRISTINE
111 PALOMA PT
GEORGETOWN, TX 78628-6917
111 PALOMA POINT, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 71, ACRES .83 1 A 0.830 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R414971 CAIN, WILLIAM CURTIS
108 FOXHOLLOW DR
GEORGETOWN, TX 78628
109 PALOMA POINT, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 72, ACRES 1.08 1 B 1.080 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414972
JOHNSON, G DAVID &
CAROL
107 PALOMA PT
GEORGETOWN, TX 78628-6917
107 PALOMA POINT, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 74, ACRES .61 1 A 0.610 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R414973
PRICE, BRANDON M &
KAREN L
105 PALOMA PT
GEORGETOWN, TX 78628-6917
105 PALOMA POINT, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 75, ACRES .44 1 A 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $11,560.00 $22,954.76 $0.00 $3,400.00
R414974
GARDNER, DAVID R &
DEBRA l.
103 PALOMA PT
GEORGETOWN, TX 78628
103 PALOMA POINT, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 76, ACRES .44 1 A 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414975
PUMPHREY, JAY R &
CYNTHIA J
101 PALOMA POINT
GEORGETOWN, TX 78628
101 PALOMA PT, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 77, ACRES .77 1 A 0.770 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,600.00 $3,914.76 $0.00 $3,400.00
R414976
FORD, CLIFTON M & SANDY
M
200 DOVETAIL CV
GEORGETOWN, TX 78628
200 DOVETAIL CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 78, ACRES .71 1 A 0.710 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414977
BENSON, ROBERT A &
CAREY B
103 SPEARPOINT CV
GEORGETOWN, TX 78628-6953
202 DOVETAIL CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 79, ACRES .88 1 B 0.880 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414978
DANIELAK, RAYMOND & N
LETICIA
203 DOVE TAIL CV
GEORGETOWN, TX 78628-6918
203 DOVETAIL CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 80, ACRES .81 1 A 0.810 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R414979
MADISON, JEFFREY &
ASHLEY
201 DOVE TAIL CV
GEORGETOWN, TX 78628-6918
201 DOVETAIL CV, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK C,
LOT 81, ACRES .56 1 A 0.560 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $11,560.00 $22,954.76 $0.00 $3,400.00
R414980 DURDEL, TED P & DEBRA K
521 FOX RUN TRL
AURORA, OH 44202-9328
101 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 39, ACRES .77 1 B 0.770 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414982
BIRKMAN, RICHARD R & LISA
A
PO BOX 80798
AUSTIN, TX 78708-0798
103 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 40, ACRES .68 1 B 0.680 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414983 JOHNSON, BRADLEY G
105 DOVE TAIL LN
GEORGETOWN, TX 78628-6919
105 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 41, ACRES .52 1 A 0.520 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414984
DELGADO, ANTHONY R &
SUSAN M
2013 LONG CV
ROUND ROCK, TX 78664-6225
107 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 42, ACRES .48 1 B 0.480 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414985
HERMANN, WINSTON H &
NANCY
109 DOVE TAIL LN
GEORGETOWN, TX 78628-6919
109 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 43, ACRES .48 1 A 0.480 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R414986 FOREST, DUNCAN & DIANNA
208 MESA DR
GEORGETOWN, TX 78628-1507
111 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 44, ACRES .50 1 B 0.500 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414987 J3 INVESTMENTS LLC
5801 GOLDEN LEAF CT
C/O JAY VERDOORN
PLANO, TX 75093-7594
113 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 45, ACRES .47 1 B 0.470 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414988 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
115 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 46, ACRES .47 1 B 0.470 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414989
COFFIN, PHILIP R & MELINDA
H
21155 RONALD W REAGAN BLVD
GEORGETOWN, TX 78628-7053
117 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 47, ACRES .52 1 B 0.520 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414990
BUCHANAN, ROBERT J &
JEANA G
119 DOVE TAIL LN
GEORGETOWN, TX 78628-6919
119 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 48, ACRES .61 1 A 0.610 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414991 CHRISTIANSON, GEORGE
121 DOVE TAIL LN
GEORGETOWN, TX 78628-6919
121 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 49, ACRES .68 1 A 0.680 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414992 MI TIERRA PARTNERS LTD
209 GREEN LEAF LN
GEORGETOWN, TX 78628
123 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 50, ACRES .54 1 B 0.540 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414993
MORAN, WILLIAM &
ELIZABETH
125 DOVE TAIL LN
GEORGETOWN, TX 78628-6919
125 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 51, ACRES .49 1 A 0.490 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $14,280.00 $20,234.76 $0.00 $3,400.00
R414994 PITA JULIO C JR & PATRICIA
6500 SW 120TH ST
MIAMI, FL 33156-4836
127 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 52, ACRES .50 1 B 0.500 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414995
MAGUIRE WALTER J &
KAREN R TR OF THE
MAGUIRE LIVING TRUST
25007 CARRICK BEND DR
SPRING, TX 77389-5281
129 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK D,
LOT 53, ACRES .47 1 B 0.470 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414997 LOESER EDWARD A TRUST
128 DOVE TAIL LN
GEORGETOWN, TX 78628-6919
128 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 54, ACRES .60 1 A 0.600 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R414998
RHODES, WILLIAM B &
BEVERLY
117 BIRD STONE LN
GEORGETOWN, TX 78628-6922
126 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 55, ACRES .68 1 B 0.680 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R414999 BRATTON ENTERPRISES INC
PO BOX 1289
SALADO, TX 76571-1289
114 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 56, ACRES .61 1 B 0.610 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415000
KLAER & ANDERSON
CUSTOM HOMES, LLC
3604 FANDANGO
LEANDER, TX 78641-3664
112 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 57, ACRES .57 1 B 0.570 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,119.99 $28,394.77 $0.00 $680.00
R415001
WHITE, DENNIS W &
SHERRY D
110 DOVE TAIL LN
GEORGETOWN, TX 78628-6919
110 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 58, ACRES .65 1 A 0.650 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R415002
VALASTRO, MICHAEL S &
JACQUELINE m
CV
103 RINGTAIL
GEORGETOWN, TX 78628-6941
108 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 59, ACRES .70 1 B 0.700 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415003
STALWART CONSTRUCTION
INC
PO BOX 1239
CEDAR PARK, TX 78630-1239
106 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 60, ACRES .60 1 B 0.600 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415004
GRANT MICHAEL C & CALLIE
G TRUSTEES OF THE GRANT
FAMILY TRUST
1104 CLAIRE AVE
AUSTIN, TX 78703-2502
100 DOVETAIL LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 2 PUD, BLOCK Z,
LOT 61, ACRES .68 1 A 0.680 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,600.00 $3,914.76 $0.00 $3,400.00
Attachment number 9 \nPage 2 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R415009
FADER, STANFORD S &
LINDA T
13706 CRICKET HOLLOW DR
HOUSTON, TX 77069-2746
200 GREEN LEAF LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 106, ACRES .46 1 B 0.460 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415010
AADNESEN, CHRISTOPHER
& BETTY
304 GOODNIGHT DR
GEORGETOWN, TX 78628-6929
202 GREEN LEAF LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 107, ACRES .51 1 B 0.510 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415011 RILEY, DANIEL J
204 GREEN LEAF LN
GEORGETOWN, TX 78628
204 GREEN LEAF LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 108, ACRES .59 1 A 0.590 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415012 SHAPIRO, IRA & DIANE
200 GOODNIGHT DR
GEORGETOWN, TX 78628-6928
206 GREEN LEAF LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 109, ACRES .66 1 B 0.660 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415013 OLD SETTLERS REALTY LLC
2900 W ANDERSON LN
C 200 116
AUSTIN, TX 78757
403 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 132, ACRES .79 1 B 0.790 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415014
DEARING, IRA M & JUDITH L
DEARING
405 INDIGO LN
GEORGETOWN, TX 78628
405 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 133, ACRES .65 1 A 0.650 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415015
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
407 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 134, ACRES .48 1 B 0.480 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415016
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
409 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 135, ACRES .48 1 B 0.480 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415017 BARLOW, STEVEN C & ALAN
1896 BROWNS PARK DR
BOUNTIFUL, UT 84010-2250
411 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 136, ACRES .48 1 B 0.480 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415018 MCCRARY HOMES LLC
415 INDIGO LN
GEORGETOWN, TX 78628
413 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 137, ACRES .49 1 B 0.490 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415019 MCCRARY, JERRY & LINDA
415 INDIGO LN
GEORGETOWN, TX 78628-6926
415 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 138, ACRES .49 1 A 0.490 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R415020
BURNINGHAM SALLY &
JEFFREY D TR OF THE
SALLY BURNINGHAM TRUST
4640 NORTH BROOKSHIRE CIR
PROVO, UT 84604
417 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 139, ACRES .53 1 B 0.530 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415022 DURDEL, TED P & DEBRA K
521 FOX RUN TRL
AURORA, OH 44202-9328
212 GREEN LEAF LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK C,
LOT 140, ACRES .66 1 B 0.660 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415024
JONES, WARREN W & VICKI
D
103 BIRD STONE LN
GEORGETOWN, TX 78628-6922
103 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 82, ACRES .51 1 A 0.510 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415025
KISS, AGNESS DR & MARK D
STRICKS
8015 VIRGINIA WATER LN
HOUSTON, TX 77095
105 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 83, ACRES .40 1 B 0.400 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.01 $28,394.75 $0.00 $680.00
R415026 BAUER, KEVIN
2771 E BITTERBRUSH DR
PARK CITY, UT 84098
107 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 84, ACRES .45 1 B 0.450 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415027 SLAUGHTER, DAVID ALAN
1301 QUAIL CREEK TRL
CEDAR PARK, TX 78613-4067
109 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 85, ACRES .50 1 B 0.500 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415028 ELLIS GLEN J & LUCILLE
19 LAKES DR
MIDLAND, TX 79705-1929
111 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 86, ACRES .45 1 B 0.450 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415029 HELLER, MIKE
114 E PLACID HILL CIR
THE WOODLANDS, TX 77381-3103
113 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 87, ACRES .45 1 B 0.450 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415030 SILVA, SIX C
115 BIRDSTONE LN
GEORGETOWN, TX 78628
115 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 88, ACRES .44 1 A 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415031
RHODES, WILLIAM B &
BEVERLY
117 BIRD STONE LN
GEORGETOWN, TX 78628-6922
117 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 89, ACRES .44 1 A 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415032
SATORI INC Defined Benefit
Pension Trust, JOHN L
PARKER Trustee
108 PALOMA PT
GEORGETOWN, TX 78628
119 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 90, ACRES .44 1 B 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415033
STILLER, WILLIAM A & NEVA
J
201 BIRDSTONE LN
GEORGETOWN, TX 78628
201 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 91, ACRES .44 1 A 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R415034
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
203 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 92, ACRES .45 1 B 0.450 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415035
PAR REAL ESTATE
HOLDINGS LLC
1330 LAKE ROBBINS
THE WOODLANDS, TX 77380
205 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 93, ACRES .46 1 B 0.460 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.01 $28,394.75 $0.00 $680.00
R415036
GANGEMI, RICHARD &
SUSAN SHERARD COMER
15394 CARAVEL DR
CORPUS CHRISTI, TX 78418
207 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 94, ACRES .53 1 B 0.530 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415037 FROST NATIONAL BANK
PO BOX 16000
SAN ANTONIO, TX 78296
209 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 95, ACRES 1.23 1 B 1.230 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415038
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
204 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 96, ACRES .80 1 B 0.800 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415039
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
200 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 97, ACRES .72 1 B 0.720 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415040
YASSA, ANDRE P &
MICHELLE R
510 INDIGO LN
GEORGETOWN, TX 78628
510 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 119, ACRES .97 1 A 0.970 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $14,280.00 $20,234.76 $0.00 $3,400.00
R415041
JARRETT, BRYAN &
REBECCA
508 INDIGO LN
GEORGETOWN, TX 78628
508 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 120, ACRES .69 1 A 0.690 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R415042
HAGARA, WILLIAM M &
JANICE M
PO BOX 67
GEORGETOWN, TX 78627-0067
504 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 121, ACRES .76 1 A 0.760 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R415043 EILERS, WILLIAM A III
502 INDIGO LN
GEORGETOWN, TX 78628-6924
502 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 122, ACRES .84 1 A 0.840 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R415044
HOBBS, GREGORY D &
JOSEFINA M SANTIAGO
500 INDIGO LN
GEORGETOWN, TX 78628-6924
500 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 123, ACRES .92 1 A 0.920 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415045
COCKRUM BRADLEY S DBA
COCKRUM CUSTOM HOMES
200 SEDRO TRL
GEORGETOWN, TX 78633-2021
416 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 124, ACRES .99 1 B 0.990 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,119.99 $28,394.77 $0.00 $680.00
R415046
WOLF, JAMES DAVID &
ELLEN ADAIRE
414 INDIGO TRL
GEORGETOWN, TX 78628
414 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 125, ACRES 1.02 1 A 1.020 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R415047 BHATIA-MEHROTRA, TARAN
5003 MEADOW OAKS DR
NOLANVILLE, TX 76559
412 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 126, ACRES .99 1 B 0.990 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $8,840.53 $25,674.23 $0.00 $3,400.00
R415048 JONES, J LINDER MD
8904 BONTURA RD
GRANBURY, TX 76049-4333
410 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 127, ACRES .91 1 B 0.910 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415049 JENNEY, ROBERT & JUNE
3620 PINE NEEDLE CIR
ROUND ROCK, TX 78681
408 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 128, ACRES .83 1 B 0.830 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
Attachment number 9 \nPage 3 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R415050
NEECE DAVID OLIVER &
SANDRA SUE NEECE
TRUSTEES OF THE NEECE
FAMILY TRUST
404 INDIGO LN
GEORGETOWN, TX 78628
404 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK E,
LOT 129, ACRES 1.16 1 A 1.160 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415051 ORSAG, LARRY
112 CR 205
GIDDINGS, TX 78942
116 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 98, ACRES .54 1 B 0.540 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415052
GRAY, JASON A & CHELSEA
CONE and JOSEPH K &
RONDA GRAY
1115 KINNEY AVE
AUSTIN, TX 78704
114 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 99, ACRES .50 1 A 0.500 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R415053
WICKS BRIAN A &
CHRISTINE M TRUSTEES OF
THE WICKS TRUST
230 OCEAN GRANDE BLVD
#APT 802
JUPITER, FL 33477-7369
112 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 100, ACRES .44 1 B 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,800.00 $27,714.76 $0.00 $680.00
R415054 RILEY DANIEL J & GLENDA
204 GREEN LEAF LN
GEORGETOWN, TX 78628-6925
110 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 101, ACRES .44 1 B 0.440 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415055 COMPASS BANK
24 GREENWAY PLZ STE 1601
HOUSTON, TX 77046-2436
108 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 102, ACRES .46 1 B 0.460 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.03 $28,394.73 $0.00 $680.00
R415056 COMPASS BANK
24 GREENWAY PLZ STE 1601
HOUSTON, TX 77046-2436
106 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 103, ACRES .51 1 B 0.510 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.04 $28,394.72 $0.00 $680.00
R415057 DAO, MARC
104 BIRDSTONE LN
GEORGETOWN, TX 78628
104 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 104, ACRES .49 1 A 0.490 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $11,560.00 $22,954.76 $0.00 $3,400.00
R415058
BRANNEN, DAVID L & W
PAULETTE
PO BOX 208
GEORGETOWN, TX 78627-0208
102 BIRDSTONE LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 105, ACRES .45 1 B 0.450 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415060
KERR, JAMES R &
CHRISTINE A D
3624 WYETH DR
PLANO, TX 75023-5819
205 GREEN LEAF LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 110, ACRES .61 1 B 0.610 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415061 PAUL, JEFFREY P & DIANE S
6 SHORELINE POINT DR
THE WOODLANDS, TX 77381-3346
207 GREEN LEAF LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 111, ACRES .55 1 B 0.550 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415065 ABADI INVESTMENTS LP
9800 METRIC BLVD
STE 300
AUSTIN, TX 78758-5445
503 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 115, ACRES .61 1 B 0.610 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415066 FREITAG, RALPH L & JULIE A
505 INDIGO LN
GEORGETOWN, TX 78628
505 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 116, ACRES .49 1 A 0.490 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R415067
BEVERS, JACKIE L & KARLA
L
315 PALOMINO PL
LIBERTY HILL, TX 78642-3910
507 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 117, ACRES .52 1 B 0.520 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415068 DENNY, BEN W & LANA H
1925 TARLETON LN
ROUND ROCK, TX 78681-2177
509 INDIGO LN, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 3 PUD, BLOCK K,
LOT 118, ACRES .57 1 B 0.570 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R415073
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS, GEORGETOWN,
TX 78628
CIMARRON HILLS ( PH 1 SEC 4 PUD
AMENDED), BLOCK A, LOT 16, ACRES .82,
(MODEL HOME/ENTRY/LANDSCAPE)1 A 0.820 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,200.00 $7,314.76
M
o
d
e $0.00 $3,400.00
R415753
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS TRL,
GEORGETOWN, TX 78628
S8970 - CIMARRON HILLS PH 1 SEC 5 (BLK C
LT 1 & 2 AMENDED), BLOCK C, Lot 1A, ACRES
14.046 1 D 14.046 0 Acre $0.00 $13,230.30 $232.13 $13,462.43 $958.45 $13,859.63 ($397.20)
C
O
U
N $0.00 $0.00
R418842 CIMARRON TRUST
105 CIMARRON HILLS TRL E
GEORGETOWN, TX 78628
105 CIMARRON HILLS TRL E,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 7 PUD, BLOCK
YY, LOT 1, ACRES 2.69 1 A 2.690 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,599.96 $3,914.80 $0.00 $3,400.00
R419132 DIAZ, RAMON A & PAMELA M
131 VISTA LN
GEORGETOWN, TX 78633-1859
204 HILLSTONE TRL, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 186,
ACRES .806 1 B 0.806 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,119.99 $28,394.77 $0.00 $680.00
R419137
FRAZIER, RICHARD R &
ELIZABETH
56 MISSION CIR
ALAMOGORDO, NM 88310
202 HILLSTONE TRL, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 187,
ACRES .701 1 B 0.701 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419138 STEWART, BRAD & SANDY
203 HILLSTONE TRL
GEORGETOWN, TX 78628-6962
203 HILLSTONE TRL, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 188,
ACRES .557 1 A 0.557 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419139 UHRICH, DAVID P & JANET B
100 SPEARPOINT CV
GEORGETOWN, TX 78628-6953
100 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 189,
ACRES .878 1 A 0.878 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R419140
AUBIN, JOSEPH P JR & DORA
L
411 ROSEDALE BLVD, GEORGETOWN,
TX 78628
102 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 190,
ACRES .682 1 B 0.682 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419141 REVEAL DEVELOPMENT LLC
ATTN: STEVEN RUBIN
711 WESTCHESTER AVE
STE 2
WHITE PLAINS, NY 10604-3539
104 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 191,
ACRES .684 1 A 0.684 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419142
GRANT MICHAEL C & CALLIE
G TRUSTEES OF THE GRANT
FAMILY TRUST
1104 CLAIRE AVE
AUSTIN, TX 78703-2502
108 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 192,
ACRES .569 1 B 0.569 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419143 WARRINGTON, BRENT
109 SPEARPOINT CV
GEORGETOWN, TX 78628-6953
109 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 193,
ACRES .781 1 A 0.781 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419144
BANGLESDORF, CURT J &
RENE
107 SPEARPOINT CV
GEORGETOWN, TX 78628
107 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 194,
ACRES .568 1 A 0.568 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419145
BOND, THOMAS J JR &
DIANA W KELLER
105 SPEARPOINT CV
GEORGETOWN, TX 78628
105 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 195,
ACRES .689 1 A 0.689 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419146
BENSON, ROBERT A &
CAREY B
103 SPEARPOINT CV
GEORGETOWN, TX 78628-6953
103 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 196,
ACRES .626 1 A 0.626 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R419147
SCHWERTNER, CHARLES
JEFFREY & BELINDA
CASTILLO TR OF THE
SCHWERTNER TRUST
101 SPEARPOINT CV
GEORGETOWN, TX 78628-6953
101 SPEARPOINT CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 197,
ACRES .727 1 A 0.727 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R419148
SLATER, PATRICK W &
ROBIN L
9707 WESTMINSTER GLEN AVE
AUSTIN, TX 78730-3441
301 FLINT RIDGE TRL,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 202,
ACRES .431 1 B 0.431 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419149
RUBINSTEIN, HARVEY S &
HEIDI F
205 FLINT RIDGE TRL
GEORGETOWN, TX 78628
205 FLINT RIDGE TRL,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 203,
ACRES .413 1 A 0.413 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R419150 MOE, BJARTE
203 FLINT RIDGE TRL
GEORGETOWN, TX 78628
203 FLINT RIDGE TRL,
GEORGETOWN, TX 78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, Lot 204-
205, ACRES 1.106 1 A 1.106 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $21,760.00 $12,754.76
R
4
1 $0.00 $3,400.00
R419152
NELSON, WARREN D &
MARY C
105 FLINT RIDGE TRL
GEORGETOWN, TX 78628
105 FLINT RIDGE TRL,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 206,
ACRES .618 1 A 0.618 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R419153
WATSON, JOHN E & DEBBIE
P WRITER
103 FLINT RIDGE TRL
GEORGETOWN, TX 78628
103 FLINT RIDGE TRL,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 207,
ACRES .468 1 A 0.468 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,439.99 $12,074.77 $0.00 $3,400.00
R419154 SCHMITT, TY R & LINDA L
2414 DONNER PATH
ROUND ROCK, TX 78681-2225
101 FLINT RIDGE TRL,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 208,
ACRES .854 1 B 0.854 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419155 SCHMITT, TY R & LINDA L
2414 DONNER PATH
ROUND ROCK, TX 78681-2225
715 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 209,
ACRES 1.012 1 B 1.012 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419156 ESPINOZA, JOSE J
PO BOX 694
JARRELL, TX 76537-0694
713 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 210,
ACRES .714 1 B 0.714 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
Attachment number 9 \nPage 4 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R419157
JACOBS, JAMES H &
MELANIE D
1242 S AUSTIN AVE
GEORGETOWN, TX 78626-6715
711 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 211,
ACRES .752 1 B 0.752 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419158 TEAM QUALITY DESIGN, LLC
3821 CONCORD DR
ROUND ROCK, TX 78664-1314
709 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 212,
ACRES .721 1 B 0.721 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419159
SHOCKLEY, THOMAS &
DOROTHY
602 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6945
707 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 213,
ACRES .749 1 A 0.749 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R419160
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
705 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 214
(54%), ACRES .752, {R419136 SLH/46%}1 B 0.752 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419161 FENTER, MARK
105 CANYON VISTA LN
GEORGETOWN, TX 78633
706 W CIMARRON HILLS TRL,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 245
(76%), ACRES .627, {R419213 SLH/24%}1 B 0.627 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419162
PIVOTAL CIMARRON HILLS
LP
% CIMARRON HILLS 2009 LP
17207 N PERIMETER DR #200
SCOTTSDALE, AZ 85255
708 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 246,
ACRES .586 1 B 0.586 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419163
BARKER, DAVID K &
LYNETTE R
712 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628
710 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 247,
ACRES .659 1 B 0.659 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419164
BARKER, DAVID K &
LYNETTE R
712 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628
712 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 248,
ACRES .589 1 A 0.589 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $14,280.00 $20,234.76 $0.00 $3,400.00
R419165
JONES, WARREN W & VICKI
D
103 BIRD STONE LN
GEORGETOWN, TX 78628-6922
714 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 249,
ACRES .449 1 B 0.449 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419167 COBB, WILLIAM D & KARIN W
803 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6946
803 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 253,
ACRES .57 1 A 0.570 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419168
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
805 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 254,
ACRES .501 1 B 0.501 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419169
KROGMAN, JAMES M &
ROBYN R
2610 BUCKINGHAM PL
BROOKFIELD, WI 53045-4170
100 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 257,
ACRES .646 1 B 0.646 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419170
MCCARTNEY, PAUL D &
PATRICIA A
1937 MULLIGAN DR
ROUND ROCK, TX 78664-6120
102 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 258,
ACRES .569 1 B 0.569 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419171 KROPP, KANDA
200 W MAIN ST
ROUND ROCK, TX 78664-5828
104 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 259,
ACRES .493 1 A 0.493 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419172 CRAMER, CARL R
106 PITCHSTONE CV
GEORGETOWN, TX 78628
106 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 260,
ACRES .604 1 A 0.604 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $11,560.00 $22,954.76 $0.00 $3,400.00
R419173
HERMAN, JAMES G & TEMPA
D
107 PITCHSTONE CV
GEORGETOWN, TX 78628-6939
107 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 261,
ACRES .634 1 A 0.634 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $27,880.00 $6,634.76 $0.00 $3,400.00
R419174
CHAPMAN, CHRISTOPHER E
& TERRI K
105 PITCHSTONE CV
GEORGETOWN, TX 78628-6939
105 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 262,
ACRES .839 1 A 0.829 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419175
ROBERTSON, LARRY W &
ANITA L
103 PITCHSTONE CV
GEORGETOWN, TX 78628
103 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 263,
ACRES .70 1 A 0.700 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R419176
MONROE, FRANK R & ELLEN
B
101 PITCHSTONE CV
GEORGETOWN, TX 78628-6939
101 PITCHSTONE CV,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 264,
ACRES .864 1 A 0.864 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R419177 ROWAN, ROBERT M
700 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6921
100 RINGTAIL CV, GEORGETOWN, TX
78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 265,
ACRES .779 1 B 0.779 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419178 ROBB, RONALD G & SYLVIA J
P.O. BOX 2689
GEORGETOWN, TX 78627-2689
102 RINGTAIL CV, GEORGETOWN, TX
78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 266,
ACRES .541 1 B 0.541 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $8,840.00 $25,674.76 $0.00 $680.00
R419179
JOHNSON, ROBERT G &
KIMBERLY A
444 CHAMPIONS DR
GEORGETOWN, TX 78628-1199
104 RINGTAIL CV, GEORGETOWN, TX
78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 267,
ACRES .904 1 B 0.904 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419180
SCOFIELD, JERALD G &
LYNNE
105 RINGTAIL CV
GEORGETOWN, TX 78628
105 RINGTAIL CV, GEORGETOWN, TX
78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 268,
ACRES .563 1 A 0.563 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R419181
VALASTRO, MICHAEL S &
JACQUELINE m
CV
103 RINGTAIL
GEORGETOWN, TX 78628-6941
103 RINGTAIL CV, GEORGETOWN, TX
78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 269,
ACRES .797 1 A 0.797 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R419182
NAMEE, JOE S &
JACQUELINE M
CV
101 RINGTAIL
GEORGETOWN, TX 78628-6941
101 RINGTAIL CV, GEORGETOWN, TX
78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 270,
ACRES .623 1 A 0.623 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,440.00 $12,074.76 $0.00 $3,400.00
R419186 SOVEREIGN BANK
17950 PRESTON RD STE 500 DALLAS,
TX 75252
703 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 215,
ACRES .793 1 A 0.793 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419187 ANNE, SESHU K & RAJI
PO BOX 641450
SAN JOSE, CA 95164-1450
701 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 216,
ACRES 1.011 1 A 1.011 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419188
BENSON, ROBERT A &
CAREY B
103 SPEARPOINT CV
GEORGETOWN, TX 78628-6953
115 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 217,
ACRES .635 1 B 0.635 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.01 $28,394.75 $0.00 $680.00
R419189
WICKS, BRIAN A &
CHRISTINE M
2808 CEDAR HOLLOW RD
GEORGETOWN, TX 78628
113 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 218,
ACRES .563 1 B 0.563 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419190
HUNTER RICHARD &
CAROLYN
255 LOGAN RANCH RD
GEORGETOWN, TX 78628-1206
111 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 219,
ACRES .603 1 B 0.603 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419191
DUSSAULT, MICHAEL C &
SHERRY M
156 DUANE ST
BURLINGTON, WI 53105-1816
109 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 220,
ACRES .682 1 B 0.682 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419192 HOLTON, S W & MOLLIE
107 FISHSPEAR LN
GEORGETOWN, TX 78628
107 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 221,
ACRES .714 1 B 0.714 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $8,840.01 $25,674.75 $0.00 $3,400.00
R419193
SANCHEZ, JON ANTHONY &
DEBORAH DENISE
79525 VIA SIN CUIDADO
LA QUINTA, CA 92253-7503
105 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 222,
ACRES .621 1 B 0.621 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419194
GOWER PATRICK E & MARY
KATHLEEN TRUSTEES (LE)
OF THE GOWER FAMILY
TRUST
103 FISH SPEAR
GEORGETOWN, TX 78628-6943
103 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 223,
ACRES .561 1 A 0.561 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419195
PRIEGNITZ RONALD D &
DOLORES
735 AVIO CT
PLEASANTON, CA 94566-6396
101 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 224,
ACRES .713 1 B 0.713 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419196 COLEMAN, TODD L & LAURA
308 OAK PLAZA CV
GEORGETOWN, TX 78628
104 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 227,
ACRES .731 1 A 0.731 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $8,840.00 $25,674.76 $0.00 $3,400.00
R419197
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
108 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 228,
ACRES .647 1 B 0.647 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419198
FISCHER DENNIS H &
KRISTY E
1800 PARRALENA LN
AUSTIN, TX 78728-5740
110 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 229,
ACRES .666 1 B 0.666 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419199 BRETHOWER, MICK
510 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6944
114 FISHSPEAR LN, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 230,
ACRES .755 1 B 0.755 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419200 SIR WALLACE LTD
503 SARAZEN LOOP S
GEORGETOWN, TX 78628-4656
506 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 232,
ACRES 1.048 1 B 1.048 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
Attachment number 9 \nPage 5 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R419201
UPADHYA, GIRISH &
MANJULA RAGHAVENDRA
521 CASEY LN
ROCKVILLE, MD 20850-7744
508 CIMARRON HILL TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 233,
ACRES .854 1 B 0.854 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419202
BRETHOWER, MICKEY L &
DEBRA L
510 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6944
510 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 234,
ACRES .926 1 A 0.926 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R419203 RAY E EHLY TRUSTEE
600 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628
600 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 235,
ACRES .815 1 A 0.815 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419206
PORTER WILLIAM J &
FRANCES G TR OF THE
PORTER FAMILY TRUST
606 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6945
606 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 238,
ACRES .606 1 A 0.606 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,719.91 $14,794.85 $0.00 $3,400.00
R419207
JAMES H JACOBS 2002
TRUST
3613 WILLIAMS DR
102
GEORGETOWN, TX 78628
608 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 239,
ACRES .676 1 B 0.676 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419208 NEILL, HAROLD D & CAROL P
109 WATERFORD LN
GEORGETOWN, TX 78628-6905
610 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 240,
ACRES .653 1 B 0.653 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419209 COX TODD & KATHY
803 COLLEGE ST
GEORGETOWN, TX 78626-6017
612 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 241,
ACRES .593 1 B 0.593 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419210
ROWAN, RHONDA R &
ROBERT M
700 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6921
700 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 242,
ACRES .637 1 A 0.637 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R419211
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
702 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 243,
ACRES .59 1 B 0.590 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R419212
TRAFTON, WILLIAM L &
OTTAWA L
704 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628
704 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 2 PUD, LOT 244,
ACRES .657 1 A 0.657 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R427449 WOLF, JAMES DAVID
414 INDIGO LN
GEORGETOWN, TX 78628-6926
501 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 141,
ACRES .726 1 B 0.726 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427450 WOLF, JAMES DAVID
414 INDIGO LN
GEORGETOWN, TX 78628-6926
505 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 142,
ACRES .732 1 B 0.732 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427451
SHERMAN, JOHN & LARISSA
ONEILL
109 GABRIELS LOOP
GEORGETOWN, TX 78628-6951
601 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 143,
ACRES .857 1 B 0.857 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,119.88 $28,394.88 $0.00 $680.00
R427452
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
111 HOPEWELL CIR, GEORGETOWN,
TX 78628
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, Lot 144,
ACRES 0.95 1 B 0.950 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427453
RAXTER, BARBARA & BILLY
K
109 HOPEWELL CIR
GEORGETOWN, TX 78628
109 HOPEWELL CIR, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 145,
ACRES .739 1 A 0.739 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $14,280.00 $20,234.76 $0.00 $3,400.00
R427454
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
107 HOPEWELL CIR, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 146,
ACRES .66 1 B 0.660 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427455
PREWITT, FARRELL R &
PATRICIA E
105 HOPEWELL CIR
GEORGETOWN, TX 78628
105 HOPEWELL CIR, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 147,
ACRES .634 1 A 0.634 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R427456 SHAMBLIN, STACY & JOAN E
103 HOPEWELL CIR
GEORGETOWN, TX 78628-6958
103 HOPEWELL CIR, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 148,
ACRES .744 1 A 0.744 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R427457 JOVANOVSKI, ACE & SARAH
401 TERRAVISTA PKWY #1524, ROUND
ROCK, TX 78665
101 HOPEWELL CIR, GEORGETOWN,
TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 149,
ACRES .648 1 B 0.648 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,119.99 $28,394.77 $0.00 $680.00
R427460
ARMSTRONG, DENISE &
JOANNA L DAVIS
416 GOODNIGHT DR
GEORGETOWN, TX 78628-6955
416 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 177,
ACRES .765 1 A 0.765 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76 $0.00 $3,400.00
R427461
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
500 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 178,
ACRES .678 1 B 0.678 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427462
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
502 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 179,
ACRES .684 1 B 0.684 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427463 EXTRACO BANKS NA
ATTN: ACCOUNTING / GARY MILLER
PO BOX 7832
WACO, TX 76714-7832
504 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 180,
ACRES .895 1 B 0.895 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427464
PAROLKAR, SATISH &
SHUBHA
8807 TWEED BERWICK DR
AUSTIN, TX 78750-3551
506 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 181,
ACRES 1.146 1 B 1.146 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427465 DABNEY, PAUL & KC
182 COUNTY ROAD 261
GEORGETOWN, TX 78633-6678
508 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 182,
ACRES 1.140 1 B 1.140 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427466 TAMEZ, OSCAR A & JOANN E
600 GOODNIGHT DR
GEORGETOWN, TX 78628-6957
600 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 183,
ACRES 1.0 1 A 1.000 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R427467
MAXWELL UNITED
HOLDINGS LP
3400 VINTAGE DR
ROUND ROCK, TX 78664
602 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 184,
ACRES 1.311 1 B 1.311 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427468
FERNANDEZ, JOSEPH I &
FARRELL L
7611 SPANISH DOVE CT
GEORGETOWN, TX 78628-3722
604 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 185,
ACRES 1.827 1 B 1.827 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427473 METZ, PATTI & MAX
13668 WINSTANLEY WAY
SAN DIEGO, CA 92130
409 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT
150pt, ACRES .927, [R427458/SGT]1 B 0.927 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427476
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
405 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 151,
ACRES .929 1 B 0.929 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427477 POWELL, ANGELA C
403 GOODNIGHT DR
GEORGETOWN, TX 78628
403 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 152,
ACRES .684 1 A 0.684 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $14,279.99 $20,234.77 $0.00 $3,400.00
R427478
OWENS KEVIN J TRUSTEE
OF MANAGEMENT TRUST
209 WATER SONG LN
GEORGETOWN, TX 78628
209 WATER SONG LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 153,
ACRES 1.043 1 A 1.043 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R427479
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
207 WATER SONG LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 154,
ACRES 1.118 1 B 1.118 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427480 MI TIERRA PARTNERS LTD
209 GREEN LEAF LN
GEORGETOWN, TX 78628
155 WATER SONG LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 155,
ACRES .486 1 B 0.486 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427481
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
206 WATER SONG LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 156,
ACRES .622 1 B 0.622 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427482
PIVOTAL CIMARRON HILLS
LP
% CIMARRON HILLS 2009 LP
17207 N PERIMETER DR #200
SCOTTSDALE, AZ 85255
208 WATER SONG LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 157,
ACRES .627 1 B 0.627 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427483 CAPITOL CITY INSURANCE
207 LA MESA LN
GEORGETOWN, TX 78628
210 WATER SONG LN,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 158,
ACRES .694 1 B 0.694 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427484
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
311 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 159,
ACRES .434 1 B 0.434 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
Attachment number 9 \nPage 6 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R427485
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
309 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 160,
ACRES .427 1 B 0.427 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427486 FREITAG, RALPH L
505 INDIGO LN
GEORGETOWN, TX 78628-6924
307 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 161,
ACRES .487 1 A 0.487 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $17,000.00 $17,514.76 $0.00 $3,400.00
R427487
PIVOTAL CIMARRON HILLS
LP
% CIMARRON HILLS 2009 LP
17207 N PERIMETER DR #200
SCOTTSDALE, AZ 85255
302 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 162,
ACRES .488 1 B 0.488 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427488
AADNESEN, CHRISTOPHER
& BETTY
304 GOODNIGHT DR
GEORGETOWN, TX 78628-6929
304 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 163,
ACRES .545 1 A 0.545 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $14,280.00 $20,234.76 $0.00 $3,400.00
R427489
PIVOTAL CIMARRON HILLS
LP
% CIMARRON HILLS 2009 LP
17207 N PERIMETER DR #200
SCOTTSDALE, AZ 85255
306 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 164,
ACRES .469 1 B 0.469 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427490 HAGGERTY, CHARLES A
27 LE CONTE
LAGUNA NIGUEL, CA 92677
308 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 165,
ACRES .463 1 B 0.463 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427491
PALOMA CIMARRON HILLS
LP
% CIMARRON HILLS 2009 LP
17207 N PERIMETER DR STE 200
SCOTTSDALE, AZ 85255-5386
310 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 166,
ACRES .465 1 B 0.465 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427492
COLLINS, JAMIE D &
CHRISTINE
101 HALLIE CT
GEORGETOWN, TX 78633
312 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 167,
ACRES .411 1 B 0.411 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427493 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
314 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 168,
ACRES .414 1 B 0.414 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427494
ROSS, R EUGENE &
BEVERLY B
11286 TAYLOR DRAPER LN
AUSTIN, TX 78759
169 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 169,
ACRES .411 1 B 0.411 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427495
YOUNG, MICHAEL D &
MAUREEN M
402 GOODNIGHT DR
GEORGETOWN, TX 78628-6955
402 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 170,
ACRES .485 1 B 0.485 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,119.46 $28,395.30 $0.00 $680.00
R427496
BROUSSARD, JOEL E JR &
JOELLA S
39 PASCAL LN
AUSTIN, TX 78746-3205
404 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 171,
ACRES .656 1 B 0.656 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427497
SHUMPERT, STEPHEN R &
SUSAN R
3301 VINTAGE DR
ROUND ROCK, TX 78664-7901
406 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 172,
ACRES .835 1 B 0.835 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427498 HARRINGTON, TIM & KATHY
20723 FAIRWATER DR
KATY, TX 77450-5799
408 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 173,
ACRES .635 1 B 0.635 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427499
MAXWELL UNITED
HOLDINGS LP
3400 VINTAGE DR
ROUND ROCK, TX 78664
410 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 174,
ACRES .498 1 B 0.498 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427500
EVANS RAYLAN & BEVERLEY
J TRUSTEES OF EVANS
TRUST
1910 MEDI PARK DR APT 30
AMARILLO, TX 79106-2187
412 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT 175,
ACRES .591 1 B 0.591 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $6,120.00 $28,394.76 $0.00 $680.00
R427501 GRIFFIN, MARC C
414 GOODNIGHT DR
GEORGETOWN, TX 78628-6955
414 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 2 SEC 1 PUD, LOT
176pt, ACRES .727, [R427459/SGT]1 A 0.727 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $13,600.00 $20,914.76 $3,400.00 $3,400.00
R440009 MOE, JERI KAY
104 GOODNIGHT DR
GEORGETOWN, TX 78628
104 GOODNIGHT DR,
GEORGETOWN, TX 78628
CIMARRON HILLS PH 1 SEC 1 BLK D LT 14
(RESUB), BLOCK D, LOT 14, ACRES .579 1 A 0.579 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $30,614.76 $3,900.00
R
4
3 $0.00 $3,400.00
R467822
SHOCKLEY, THOMAS &
DOROTHY
602 CIMARRON HILLS TRL W
GEORGETOWN, TX 78628-6945
602 W CIMARRON HILLS TRL,
GEORGETOWN, TX 78628
S8887 - CIMARRON HILLS PH 2 SEC 2 (BLK D
LT 236-237 AMD), Lot 236A, ACRES 1.656 1 A 1.656 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $21,760.00 $12,754.76
R
4
1 $0.00 $3,400.00
R478253
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
114 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 343 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478351
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
118 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 344, ACRES 0.471 1 B 0.471 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478352
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
200 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 345, ACRES 0.535 1 B 0.535 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478353
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
204 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 346, ACRES 0.535 1 B 0.535 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478354
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
208 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 347, ACRES 0.609 1 B 0.609 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478355
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
212 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 348, ACRES 0.745 1 B 0.745 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478356
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
216 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 349, ACRES 0.568 1 B 0.568 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478357
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
220 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 350, ACRES 0.603 1 B 0.603 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478358
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
224 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 351, ACRES 0.59 1 B 0.590 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478359
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
300 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 352, ACRES 0.586 1 B 0.586 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478360
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
304 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 353, ACRES 0.608 1 B 0.608 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478361
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
308 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 354, ACRES 0.669 1 B 0.669 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478362
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
312 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 355, ACRES 0.609 1 B 0.609 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478363
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
316 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 356, ACRES 0.587 1 B 0.587 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478364
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
320 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 357, ACRES 0.574 1 B 0.574 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
Attachment number 9 \nPage 7 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R478365
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
324 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK B, Lot 357A, ACRES 0.808 1 B 0.808 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478366
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
329 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 307, ACRES 0.604 1 B 0.604 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478367
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
325 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 308, ACRES 0.489 1 B 0.489 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478368
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
321 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 309, ACRES 0.504 1 B 0.504 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478369
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
317 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 310, ACRES 0.527 1 B 0.527 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478370
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
311 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 311, ACRES 0.551 1 B 0.551 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478371
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
307 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 312, ACRES 0.817 1 B 0.817 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478372
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
303 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 313, ACRES 0.833 1 B 0.833 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478373
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
106 CHARMSTONE LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 314, ACRES 0.759 1 B 0.759 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478374
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
110 CHARMSTONE LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 315, ACRES 0.653 1 B 0.653 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478375 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
114 CHARMSTONE LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 316, ACRES 0.711 1 B 0.711 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478376 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
304 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 317, ACRES 0.804 1 B 0.804 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478377 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
305 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 318, ACRES 1.118 1 B 1.118 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478378
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
301 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 319, ACRES 0.672 1 B 0.672 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478379 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
213 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 320, ACRES 0.601 1 B 0.601 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478380
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
209 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 321, ACRES 0.588 1 B 0.588 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478381
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
205 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 322, ACRES 0.532 1 B 0.532 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478382
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
201 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 323, ACRES 0.501 1 B 0.501 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478383
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
109 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 324, ACRES 0.474 1 B 0.474 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478384
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
105 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 325, ACRES 0.547 1 B 0.547 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478385
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
101 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 326, ACRES 0.644 1 B 0.644 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478386
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
100 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 327, ACRES 0.578 1 B 0.578 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478387
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
113 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 328, ACRES 0.848 1 B 0.848 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478388
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
109 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 329, ACRES 0.742 1 B 0.742 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478389 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
105 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 330, ACRES 0.703 1 B 0.703 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478390 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
101 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 331, ACRES 0.67 1 B 0.670 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478391
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
115 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 331A, ACRES 0.551 1 B 0.551 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $0.00 $34,514.76
C
o
u
n $0.00 $680.00
R478392
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
112 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 332, ACRES 0.582 1 B 0.582 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478393
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
108 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 333, ACRES 0.508 1 B 0.508 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478394
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
104 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 334, ACRES 0.504 1 B 0.504 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478395
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
100 BLUE HERON LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 335, ACRES 0.618 1 B 0.618 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478396
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
205 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 336, ACRES 0.56 1 B 0.560 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
Attachment number 9 \nPage 8 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R478397
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
211 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 337, ACRES 0.561 1 B 0.561 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478398
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
219 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 338, ACRES 0.529 1 B 0.529 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478399
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
101 CHARMSTONE LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 339, ACRES 0.738 1 B 0.738 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478400
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
105 CHARMSTONE LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 340, ACRES 0.657 1 B 0.657 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478401
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
109 CHARMSTONE LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 341, ACRES 0.614 1 B 0.614 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $924.92 $33,589.84 $0.00 $680.00
R478402
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
113 CHARMSTONE LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 342, ACRES 0.639 1 B 0.639 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478406
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
337 CIMARRON HILLS TRL E,
LIBERTY HILL, TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK C, Lot 371, ACRES 0.591 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $3,400.00 $31,114.76 $0.00 $680.00
R478849
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
HILLSTONE TRL, GEORGETOWN, TX
78628
S9117 - CIMARRON HILLS PH 5 SEC 1 PUD,
BLOCK D, Lot 1pt, ACRES 8.466, (Golf Course),
[SLH R000000]1 D 8.466 0 Acre $0.00 $7,974.35 $139.91 $8,114.26 $958.45 $2,601.42 $5,512.84 $0.00 $419.74
R478892
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS TRL E, LIBERTY
HILL, TX 78642
S9117 - CIMARRON HILLS PH 5 SEC 1 PUD,
BLOCK C, Lot 3, ACRES 15.015, (Golf course)1 D 15.015 0 Acre $0.00 $14,143.31 $248.15 $14,391.46 $958.45 $8,491.42 $5,900.04 $0.00 $744.46
R478893
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS TRL E, LIBERTY
HILL, TX 78642
S9117 - CIMARRON HILLS PH 5 SEC 1 PUD,
BLOCK C, Lot 4, ACRES 25.245, (Golf course)1 D 25.245 0 Acre $0.00 $23,778.94 $417.21 $24,196.14 $958.45 $9,382.72 $14,813.42 $0.00 $1,251.65
R478894
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS TRL W, LIBERTY
HILL, TX 78642
S9117 - CIMARRON HILLS PH 5 SEC 1 PUD,
BLOCK D, Lot 1pt, ACRES 33.425, (Golf
Course), [SGT R478849]1 D 33.425 0 Acre $0.00 $31,483.90 $552.39 $32,036.29 $958.45 $10,197.28 $21,839.01 $0.00 $1,657.21
R493190
LYKES, DAVID D & DOROTHY
ELAINE
209 GREEN LEAF LN
GEORGETOWN, TX 78628-6925
209 GREEN LEAF LN,
GEORGETOWN, TX 78628
S9470 - CIMARRON HILLS PH 1 SEC 3
PUD(BLK K LTS 112-114 AMD), BLOCK K, Lot
112A, ACRES 0.81 (Payments have been
applied from R415062)1 A 0.810 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $34,000.00 $514.76
R
4
1
5
0
6 $0.00 $3,400.00
R493191
HARRISON, RONALD H
LIVING TRUST
501 INDIGO LN
GEORGETOWN, TX 78628-6924
501 INDIGO LN, GEORGETOWN, TX
78628
S9470 - CIMARRON HILLS PH 1 SEC 3
PUD(BLK K LTS 112-114 AMD), BLOCK K, Lot
114A, ACRES 1.49 1 A 1.490 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $19,720.00 $14,794.76
R
4
1 $0.00 $3,400.00
R496880 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
183 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 2 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.33 $32,191.43 $0.00 $680.00
R496881 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
179 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 3 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.33 $32,191.43 $0.00 $680.00
R496882 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
175 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 4 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.33 $32,191.43 $0.00 $680.00
R496883 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
171 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 5 1 A 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $5,043.33 $29,471.43 $0.00 $3,400.00
R496884 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
167 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 6 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.33 $32,191.43 $0.00 $680.00
R496885 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
163 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 7 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.33 $32,191.43 $0.00 $680.00
R496886 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
159 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 8 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.33 $32,191.43 $0.00 $680.00
R496887 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
155 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 9 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.33 $32,191.43 $0.00 $680.00
R496888 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
151 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 10 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.34 $32,191.42 $0.00 $680.00
R496890 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
150 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK B, Lot 1 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.34 $32,191.42 $0.00 $680.00
R496891 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
162 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK B, Lot 2 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.34 $32,191.42 $0.00 $680.00
R496892 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
170 OAK GROVE CV, LIBERTY HILL,
TX 78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK B, Lot 3 1 B 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $2,323.34 $32,191.42 $0.00 $680.00
R499021 PARKER, JOHN L
108 PALOMA PT
GEORGETOWN, TX 78628-6917
108 PALOMA POINT, GEORGETOWN,
TX 78628
S9772 - CIMARRON HILLS PH 1 SEC 2 (BLK C
LTS 66-68 AMD), BLOCK C, Lot 68A, ACRES
0.72 1 A 0.720 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $18,360.00 $16,154.76
R
4
1 $0.00 $3,400.00
R499022
ST CLAIR, H LANCE &
MARTHA L
104 PALOMA POINT
GEORGETOWN, TX 78628
104 PALOMA POINT, GEORGETOWN,
TX 78628
S9772 - CIMARRON HILLS PH 1 SEC 2 (BLK C
LTS 66-68 AMD), BLOCK C, Lot 66A, ACRES
0.6 1 A 0.600 1 Lot $33,919.64 $0.00 $595.13 $34,514.76 $34,514.76 $22,682.76 $11,832.00
R
4
1 $0.00 $3,400.00
R478745
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS TRL W, LIBERTY
HILL, TX 78642
S9117 - CIMARRON HILLS PH 5 SEC 1 PUD,
BLOCK A, Lot 1(PT), ACRES 15.672, (Golf
course)1 D 15.672 0 Acre $0.00 $14,761.87 $259.00 $15,020.87 $958.45 $22,472.14 ($7,451.27)
R
4
0 $0.00 $0.00
R427469
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
GOODNIGHT DR, LIBERTY HILL, TX
78642
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, BLOCK
AA, Lot 1, ACRES 0.007, (LANDSCAPE)1 L 0.007 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s $0.00 $0.00
R427444
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
HOPEWELL CIR, GEORGETOWN, TX
78628
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, BLOCK
AD, Lot 1, ACRES 0.009, (LANDSCAPE)1 L 0.009 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s $0.00 $0.00
R427446
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
GOODNIGHT DR, GEORGETOWN, TX
78628
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, BLOCK
AF, Lot 1, ACRES 0.009, (LANDSCAPE)1 L 0.009 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d $0.00 $0.00
Attachment number 9 \nPage 9 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R415007
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
DOVETAIL CV, GEORGETOWN, TX
78628
S7664 - Cimarron Hills Ph 1 Sec 2 Pud, BLOCK
U, Lot 1, ACRES 0.02, (LANDSCAPE)1 L 0.020 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R415071
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
INDIGO LN, GEORGETOWN, TX
78628
S7688 - Cimarron Hills Ph 1 Sec 3 Pud, BLOCK
Y, Lot 1, ACRES 0.03, (LANDSCAPE)1 L 0.030 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R478404
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
GRAND OAKS LN, LIBERTY HILL, TX
78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CB, Lot 323A, ACRES 0.03,
(LANDSCAPE)1 L 0.030 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R478405
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CHARMSTONE LN, LIBERTY HILL, TX
78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CD, Lot 313A, ACRES 0.03,
(LANDSCAPE)1 L 0.030 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R414499
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
WATERSTONE CV, GEORGETOWN,
TX 78628
S7662 - Cimarron Hills Ph 1 Sec 1 Pud, BLOCK
Q, Lot 1, ACRES 0.04, (LANDSCAPE)1 L 0.040 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R415069
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
BIRDSTONE LN, GEORGETOWN, TX
78628
S7688 - Cimarron Hills Ph 1 Sec 3 Pud, BLOCK
W, Lot 1, ACRES 0.04, (LANDSCAPE)1 L 0.040 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R419183
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
PITCHSTONE CV, GEORGETOWN, TX
78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, BLOCK
AK, Lot 1, ACRES 0.045, (LANDSCAPE)1 L 0.045 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)$0.00 $0.00
R419184
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
RINGTAIL CV, GEORGETOWN, TX
78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, BLOCK
AL, Lot 1, ACRES 0.045, (LANDSCAPE)1 L 0.045 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)$0.00 $0.00
R419214
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
FISHSPEAR LN, GEORGETOWN, TX
78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, BLOCK
AH, Lot 1, ACRES 0.046, (LANDSCAPE)1 L 0.046 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)$0.00 $0.00
R414498
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
HAMMERSTONE CV, GEORGETOWN,
TX 78628
S7662 - Cimarron Hills Ph 1 Sec 1 Pud, BLOCK
P, Lot 1, ACRES 0.05, (LANDSCAPE)1 L 0.050 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R414500
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
COPPER POINT CV, GEORGETOWN,
TX 78628
S7662 - Cimarron Hills Ph 1 Sec 1 Pud, BLOCK
R, Lot 1, ACRES 0.05, (LANDSCAPE)1 L 0.050 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R419215
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, BLOCK
AI, Lot 1, ACRES 0.056, (LANDSCAPE)1 L 0.056 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)$0.00 $0.00
R415006
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
DOVETAIL LN, GEORGETOWN, TX
78628
S7664 - Cimarron Hills Ph 1 Sec 2 Pud, BLOCK
T, Lot 1, ACRES 0.07, (LANDSCAPE)1 L 0.070 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c
a $0.00 $0.00
R415070
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
INDIGO LN, GEORGETOWN, TX
78628
S7688 - Cimarron Hills Ph 1 Sec 3 Pud, BLOCK
X, Lot 1, ACRES 0.07, (LANDSCAPE)1 L 0.070 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R427470
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
GOODNIGHT DR, LIBERTY HILL, TX
78642
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, BLOCK
AB, Lot 1, ACRES 0.09, (LANDSCAPE)1 L 0.090 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R414501
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
LONG POINT CV, GEORGETOWN, TX
78628
S7662 - Cimarron Hills Ph 1 Sec 1 Pud, BLOCK
S, Lot 1, ACRES 0.14, (LANDSCAPE)1 L 0.140 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
Attachment number 9 \nPage 10 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R414996
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS TRL,
GEORGETOWN, TX 78628
S7664 - Cimarron Hills Ph 1 Sec 2 Pud, BLOCK
D, Lot 53A, ACRES 0.15, (LANDSCAPE)1 L 0.150 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R415008
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
GREEN LEAF LN, GEORGETOWN, TX
78628
S7688 - Cimarron Hills Ph 1 Sec 3 Pud, BLOCK
C, Lot 81A, ACRES 0.15, (LANDSCAPE)1 L 0.150 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R414981
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS TRL,
GEORGETOWN, TX 78628
S7664 - Cimarron Hills Ph 1 Sec 2 Pud, BLOCK
D, Lot 39A, ACRES 0.23, (LANDSCAPE)1 L 0.230 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R419216
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, BLOCK
AJ, Lot 1, ACRES 0.535, (LANDSCAPE)1 L 0.535 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)$0.00 $0.00
R415005
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS TRL,
GEORGETOWN, TX 78628
S7664 - Cimarron Hills Ph 1 Sec 2 Pud, BLOCK
Z, Lot 61A, ACRES 0.57, (LANDSCAPE)1 L 0.570 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R496879 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
OAK GROVE CV, LIBERTY HILL, TX
78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 1, ACRES 0.024, (OPEN SPACE)1 O 0.024 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4.78 ($4.78)$0.00 $0.00
R427471
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
GOODNIGHT DR, LIBERTY HILL, TX
78642
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, BLOCK
AC, Lot 1, ACRES 0.033, (OPEN SPACE)1 O 0.033 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
O
P
E
N
S
P $0.00 $0.00
R419185
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
SPEARPOINT CV, GEORGETOWN, TX
78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, BLOCK
AM, Lot 1, ACRES 0.045, (OPEN SPACE)1 O 0.045 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)$0.00 $0.00
R496889 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
OAK GROVE CV, LIBERTY HILL, TX
78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK A, Lot 11, ACRES 0.155, (OPEN
SPACE)1 O 0.155 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $30.92 ($30.92)$0.00 $0.00
R496893 CIMARRON HILLS 2009 LP
17207 N PERIMETER DR
SCOTTSDALE, AZ 85255-5387
OAK GROVE CV, LIBERTY HILL, TX
78642
S9723 - VILLAS AT CIMARRON HILLS PUD,
BLOCK B, Lot 4, ACRES 0.177, (OPEN SPACE)1 O 0.177 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $35.30 ($35.30)$0.00 $0.00
R415021
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
419 INDIGO LN, GEORGETOWN, TX
78628
S7688 - Cimarron Hills Ph 1 Sec 3 Pud, BLOCK
C, Lot 139A, ACRES 0.29, (OPEN SPACE)1 O 0.290 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
O
P
E
N
S
P $0.00 $0.00
R419166
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
801 CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
S7915 - Cimarron Hills Ph 2 Sec 2 Pud, Lot 252,
ACRES 0.43, (OPEN SPACE)1 O 0.430 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)
O
P
E
N
S
P $0.00 $0.00
R427445
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
HOPEWELL CIR, GEORGETOWN, TX
78628
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, BLOCK
AE, Lot 1, ACRES 0.542, (OPEN SPACE)1 O 0.542 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
O
P
E
N
S
P $0.00 $0.00
R427472
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
WATER SONG LN, LIBERTY HILL, TX
78642
CIMARRON HILLS PH 2 SEC 1 PUD, BLOCK S,
LOT 1, ACRES .648, (OPEN SPACE)1 O 0.648 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
O
P
E
N $0.00 $0.00
R478403
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
206 GRAND OAKS LN, LIBERTY HILL,
TX 78642
S9114 - CIMARRON HILLS PH 3 SEC 2 PUD,
BLOCK CA, Lot 342A, ACRES 2.829, (OPEN
SPACE)1 O 2.829 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $282.13 ($282.13)
O
P
E
N
S
P $0.00 $0.00
R478895
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS TRL W, LIBERTY
HILL, TX 78642
S9117 - CIMARRON HILLS PH 5 SEC 1 PUD,
BLOCK D, Lot 2, ACRES 5.107, (Open space)1 O 5.107 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $1,030.21 ($1,030.21)$0.00 $0.00
R415023
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
506 INDIGO LN, GEORGETOWN, TX
78628
S7688 - Cimarron Hills Ph 1 Sec 3 Pud, BLOCK
E, Lot 3, ACRES 6.99, (OPEN SPACE)1 O 6.990 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
O
P
E
N
S $0.00 $0.00
R427447 CITY OF GEORGETOWN
PO BOX 409
GEORGETOWN, TX 78627-0409
HOPEWELL CIR, GEORGETOWN, TX
78628
S8080 - Cimarron Hills Ph 2 Sec 1 Pud, BLOCK
W, Lot 1, ACRES 4, (PARK)1 P 4.000 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
P
a
r
k $0.00 $0.00
R415059
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
GREEN LEAF LN, GEORGETOWN, TX
78628
S7688 - Cimarron Hills Ph 1 Sec 3 Pud, BLOCK
K, Lot 1, ACRES 4.14, (RETENTION POND)1 R 4.140 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
R
E
T
E $0.00 $0.00
Attachment number 9 \nPage 11 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R414489
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
303 GOODNIGHT DR,
GEORGETOWN, TX 78628
S7662 - Cimarron Hills Ph 1 Sec 1 Pud, BLOCK
G, Lot 1, ACRES 5.03, (RETENTION POND)1 R 5.030 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
R
E
T
E
N $0.00 $0.00
R415358
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
ROSESPRING, GEORGETOWN, TX
78628
S7720 - Cimarron Hills Ph 1 Sec 6 Pud, BLOCK
A, Lot 19, ACRES 7.99, (RETENTION POND)1 R 7.990 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
R
E
T
E $0.00 $0.00
R415359
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
BIRDSTONE LN, GEORGETOWN, TX
78628
S7720 - Cimarron Hills Ph 1 Sec 6 Pud, BLOCK
E, Lot 2 pt, ACRES 2.92, (WASTE
TREATMENT), {R415360/SGT}1 WT 2.920 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
W
A
S
T $0.00 $0.00
R415360
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
BIRDSTONE LN, GEORGETOWN, TX
78628
S7720 - Cimarron Hills Ph 1 Sec 6 Pud, BLOCK
E, Lot 2 pt, ACRES 7.11, (WASTE
TREATMENT), {R415359/SHU}1 WT 7.110 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
W
A
S
T $0.00 $0.00
BA 1 SUB TOTAL:319 $10,820,364.00 $136,597.54 $192,242.05 $11,149,203.59 $3,365,216.46 $7,783,987.13 $3,400.00 $502,796.64
R040261
PIVOTAL CIMARRON HILLS
LP
17207 N. Perimeter Drive, Ste 200
%Cimarron Hills 2000 LP, Scottsdale, AZ
85255
HIGHWAY 29 LIBERTY HILLS, TX
78628
AW0490 - PORTER, A.H.SUR., ACRES 183.933
/ NORTH PARCEL BETWEEN GOLF
COURSES 2 C 183.933 172 Lot $1,900,130.15 $0.00 $33,338.16 $1,933,468.30 $11,241.09 $165,092.76 $1,768,375.54 $0.00 $18,343.64
R405525 PIVOTAL CIMARRON HILLS LP
17207 N. Perimeter Drive, Ste 200
%Cimarron Hills 2000 LP, Scottsdale, AZ
85255 HIGHWAY 29 LIBERTY HILL, TX 78642
AWO490 - PORTER, A.H.SUR., ACRES 24.571
N15EC - COUNTRY CLUB / GOLF COURSE -
LIBERTY HILL 2 D 24.571 0 Acre $0.00 $23,143.90 $406.06 $23,549.96 $958.45 $1,218.33 $22,331.63 $0.00 $1,218.23
R405532
PIVOTAL CIMARRON HILLS
LP
17207 N. Perimeter Drive, Ste 200
%Cimarron Hills 2000 LP, Scottsdale, AZ
85255
HIGHWAY 29 GEORGETOWN, TX
78628
AWO490 - PORTER, A.H.SUR., ACRES 24.571
N15EC - COUNTRY CLUB / GOLF COURSE -
LIBERTY HILL 2 D 29.210 0 Acre $0.00 $27,513.46 $482.73 $27,996.19 $958.45 $13,547.04 $14,449.15 $0.00 $1,448.23
R405534
PIVOTAL CIMARRON HILLS
LP
17207 N. Perimeter Drive, Ste 200
%Cimarron Hills 2000 LP, Scottsdale, AZ
85255
HIGHWAY 29 GEORGETOWN, TX
78628
AW0490 PORTER, A.H. SUR., ACRES 73.8
N15EC COUNTRY CLUB / GOLF COURSE -
LIBERTY HILL 2 D 73.800 0 Acre $0.00 $69,513.65 $1,219.63 $70,733.28 $958.45 $34,471.73 $36,261.54 $0.00 $3,659.00
R415072
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS TRL,
GEORGETOWN, TX 78628
S7969 - Cimarron Hills ( Ph 1 Sec 4 Pud
Amended), BLOCK A, Lot 15, ACRES 4.24,
(OPEN SPACE)2 O 4.240 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
O
P
E
N $0.00 $0.00
R415074
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS, GEORGETOWN,
TX 78628
S7663 - Cimarron Hills Ph 1 Sec 4 Pud, BLOCK
B, Lot 2, ACRES 6.1, (LANDSCAPE) FUTURE
PLAN 44 LOTS 2 L 6.100 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d $0.00 $0.00
R415075
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
Highway 29, GEORGETOWN, TX
78628
S7969 - Cimarron Hills ( Ph 1 Sec 4 Pud
Amended), BLOCK B, Lot 4, ACRES 2.76,
(LANDSCAPE)2 L 2.760 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d $0.00 $0.00
R415076
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
5970 HWY 29, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 4 PUD, BLOCK B,
LOT 5 (ADM/SALES OFFICE), ACRES 1.29
Future Golf Maintenance 2 D 1.290 0 Acre $0.00 $1,215.08 $21.32 $1,236.39 $958.45 $5,466.93 ($4,230.54)
S
a
l
e
s $0.00 $0.00
R415077
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS, GEORGETOWN,
TX 78628
S7969 - Cimarron Hills ( Ph 1 Sec 4 Pud
Amended), BLOCK N, Lot 1, ACRES 0.14,
(LANDSCAPE)2 L 0.140 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R415078
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
CIMARRON HILLS, GEORGETOWN,
TX 78628
CIMARRON HILLS ( PH 1 SEC 4 PUD
AMENDED), BLOCK O, LOT 1, ACRES .12,
(LANDSCAPE/SECURITY)2 L 0.120 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d $0.00 $0.00
R415079
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS TRL W,
GEORGETOWN, TX 78628
S7663 - Cimarron Hills Ph 1 Sec 4 Pud, BLOCK
T, Lot 1, ACRES 0.06, (LANDSCAPE)2 L 0.060 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
L
a
n
d
s
c $0.00 $0.00
R415755
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386
ROSESPRING, GEORGETOWN, TX
78628
CIMARRON HILLS PH 1 SEC 5 PUD, BLOCK D,
LOT 2, ACRES 2.98, (GOLF MAINTENANCE)2 C 2.980 4 Lot $44,189.07 $0.00 $775.31 $44,964.38 $11,241.09 $1,329.75 $43,634.63 $0.00 $297.20
R417773
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386 HWY 29 LIBERTY HILL, TX 78642 AW0490 - PORTER, A.H. SUR., ACRES 6.164 2 C 6.164 26 Lot $287,228.98 $0.00 $5,039.49 $292,268.46 $11,241.09 $3,645.30 $288,623.16 $0.00 $614.74
R417774
HIGHWAY 29 LIBERTY ILL,
TX 78642
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386 HIGHWAY 29 LIBERTY HILL, TX 78642
AW0490 PORTER, A.H. RUR., ACRES 3.35 -
GOLF COURSE - FUTURE LOTS 2 C 3.350 14 Lot $154,661.76 $0.00 $2,713.57 $157,375.33 $11,241.09 $1,830.83 $155,544.50 $0.00 $334.10
R417775
HWY 29 LIBERTY HILL, TX
78642
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386 HWY 29 LIBERTY HILL, TX 78642
PARCEL IN SOUTHWEST CORNER OF
PROPERTY 2 C 13.062 43 Lot $475,032.54 $0.00 $8,334.54 $483,367.08 $11,241.09 $14,867.96 $468,499.12 $0.00 $1,302.67
R420242
PIVOTAL CIMARRON HILLS
LP
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386 HIGHWAY 29 LIBERTY HILL, TX 78642
AW0490 - PORTER, A.H.SUR., ACRES .14 -
G80EC - COUNTRY CLUB / GOLF COURSE -
WEST GEORGETOWN (OFF COUNTY TAX
ROLL)2 CC 0.000 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $30.68 ($30.68)
R
4
0
5
5 $0.00 $0.00
R427422
CIMARRON HILLS
COMMUNITY ASSOCIATION
INC
C/O CERTIFIED MANAGEMENT OF
AUSTIN
9600 GREAT HILLS TRAIL
STE. 100E
AUSTIN, TX 78759
CIMARRON HILLS, GEORGETOWN,
TX 78628
S7969 - Cimarron Hills ( Ph 1 Sec 4 Pud
Amended), BLOCK Z, Lot 1, ACRES 0.04,
(LANDSCAPE)2 L 0.040 0 -$0.00 $0.00 $0.00 $0.00 $0.00 $4,080.00 ($4,080.00)$0.00 $0.00
R485487
HWY 29 LIBERTY HILL, TX
78642
17207 N PERIMETER DR STE 200
% CIMARRON HILLS 2000 LP
SCOTTSDALE, AZ 85255-5386 HWY 29 LIBERTY HILL, TX 78642 AW0490 PORTER, A.H. SUR., ACRES .072 2 C 0.072 1 Lot $11,047.27 $0.00 $193.83 $11,241.09 $11,241.09 $28.72 $11,212.37 $0.00 $7.18
BA 1 SUBTOTAL
Attachment number 9 \nPage 12 of 13
Item # N
Cimarron Hills
Revised Assessment Roll
August 2012
"Exhibit E"
Quick Ref
ID Party Name MailingAddress PropertyAddress Legal Description
PID Benefit
Area
PID
Prop
Class Acres Lots Allocation
Residential
Improvement
Costs
Golf Course
Improvement
Costs
SAP Update
Cost
Total
Assessment
Assess. Per
Acre/Lot
Payments
Received to Date Remaining Assmt
C
o
m
m
Amount
Delinquent
Annual Assessment
Payment
R485927
W CIMARRON HIULLS TRL
LIBERTY HILL, TX 78642
AWO490 - PORTER, A.H.SUR., ACRES
6.016
W CIMARRON HILLS TRL LIBERTY
HILL, TX 78642
AW0490, PORTER, A.H.SUR., ACRES 6.016 /
COMBINED WITH R430073 (ACRES 9.520)
AND R454257 (ACRES 6.016)2 C 6.016 27 Lot $298,276.24 $0.00 $5,233.32 $303,509.56 $11,241.09 $3,759.88 $299,749.68
R
4
3
0 $0.00 $599.98
287 $3,170,566 $121,386 $57,758 $3,349,710 $249,369.92 $3,100,340.11 $0.00 $27,824.96
BA 1 &2 TOTAL 606 $13,990,930 $257,984 $250,000 $14,498,914 $3,614,586.38 $10,884,327.24 $3,400.00 $530,621.60
R430037
DAVILA, DANIEL &
GEORGIANA B 3401 MERLOT CV LEANDER, TX 78641
3401 MERLOT CV LEANDER, TX
78641
VINEYARD AT BLOCK HOUSE CREEK SEC 3
BLOCK C LOT 21 (Confirm refunded)None A 1 $0.00 $0.00 $0.00 $0.00 $0.00
$3,614,586.38
2011 ASSESSMENT PAYMENT REVISIONS REQUIRED:
R496879 CIMARRON HILLS 2009 LP
OAK GROVE CV LIBERTY HILL, TX
78642 Open Space - should not be assessed O $2.39
R496889 CIMARRON HILLS 2009 LP
OAK GROVE CV LIBERTY HILL, TX
78642 Open Space - should not be assessed O $15.46
R496893 CIMARRONHILLS 2009 LP
OAK GROVE CV LIBERTY HILL, TX
78642 Open Space - should not be assessed O $17.65
BA 2 SUBTOTAL
ERRONEOUS PARCEL ASSESSED LOCATED
Attachment number 9 \nPage 13 of 13
Item # N
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Discussion 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 November 9, 2010.
November 9, 2010
Legislative Agenda
N 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 said they have a longstanding agreement and history with leasing out the Boy Scout Hut. He
said there is an attached lease. He said it is a two year agreement that is renewed every two years. He said the
current rate would be $200 for the term of the lease. He said they have asked for the fee to be waived. He
said, if the City is to waive the fee, the troop would do two service projects per year to beautify the
park. Sansing asked and Brandenburg said the previous rate.
Motion by Ross, second by Sansing to approve the lease agreement. Ross withdrew his motion.
Motion by Ross, second by Gonzalez to approve the agreement with the lease being $1 per year in addition
do at least one service project per year. Approved 6-0 (Berryman absent)
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 San Gabriel Park in the past two years, as outlined in the attached report and pictures.
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
Proposed Lease Agreement.
Service Projects Completed by the Boy Scouts of America
Pictures of Service Project in Progress
FINANCIAL IMPACT:
SUBMITTED BY:
ATTACHMENTS:
Aerial Map - Exhibit B to Lease Agreement
Boy Scout Project List
Pictures of Low Water Crossing Cleanup in San Gabriel Park
Proposed Boy Scout Lease Agreement and Exhibit A Cover Memo
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Service Projects Completed by the Boy Scouts of America
1. During the summer of 2010 and 2011 during San Gabriel Day Camp held at San Gabriel
Park over 100 Cub Scouts spent 2-3 hours picking up trash all around the park as part of
a service project each year.
2. Boy Scout Troop 405 has adopted the highway F.M.971 and cleans up trash on that side
of the park 4 times a year.
3. Troop 155, provided two service projects that contributed to the up keep and beauty of
San Gabriel Park.
Date of projects: September 15, 2012
Participants: 20 Scouts and 10 Adults from Troop 155
Project 1: Cleared a major tree that was caught under the walking
bridge at the South end of the park. The tree was cut up, loaded on a
trailer and disposed of at the Georgetown Recycle Center. In addition,
brush and trees around the bridge were picked up and disposed of.
Project 2: General paper and trash pick up from the Walking bridge to
the dam. 6 bags of trash were deposed of.
Attachment number 2 \nPage 1 of 1
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Boy Scout Hut Lease
Page 1 of 8
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:
I.
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.
Attachment number 4 \nPage 1 of 8
Item # O
Boy Scout Hut Lease
Page 2 of 8
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
Attachment number 4 \nPage 2 of 8
Item # O
Boy Scout Hut Lease
Page 3 of 8
changes. All expansions/additions or modifications must be reviewed and approved by the
City of Georgetown’s City Manager or his designee.
II.
DURATION OF THE AGREEMENT
This Agreement shall be in force from December 1, 2012 until November 30, 2014.
III.
RENTAL TERMS OF THE AGREEMENT
The Boy Scouts agree to pay to the City in advance on the Lease Date Base Rent for the
entire term of the Agreement, which 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.
IV.
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.
V.
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
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
Attachment number 4 \nPage 3 of 8
Item # O
Boy Scout Hut Lease
Page 4 of 8
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
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.
Attachment number 4 \nPage 4 of 8
Item # O
Boy Scout Hut Lease
Page 5 of 8
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.
SIGNED AND AGREED TO ON THE ______ DAY OF OCTOBER 2012.
ATTEST: CITY OF GEORGETOWN
By:_______________________________
Jessica Brettle, City Secretary George G. Garver, Mayor
APPROVED AS TO FORM:
Bridget Chapman
Acting City Attorney
Attachment number 4 \nPage 5 of 8
Item # O
Boy Scout Hut Lease
Page 6 of 8
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 __________, 2012, by
________________, a person known to me, in his capacity as ________________ of St. John’s United
Methodist Church, on behalf of said Church.
SEAL Notary Public, in and for the State of Texas
BOY SCOUT TROOP #155
BY:________________________________
Glenn Beck, Scoutmaster
6015 Tonkowa Trail
Georgetown, Texas 78628
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
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.
SEAL Notary Public, in and for the State of Texas
Attachment number 4 \nPage 6 of 8
Item # O
Boy Scout Hut Lease
Page 7 of 8
EXHIBIT A
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
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.
Attachment number 4 \nPage 7 of 8
Item # O
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Page 8 of 8
EXHIBIT B
DESCRIPTION OF THE PREMISES – AERIAL MAP
Attachment number 4 \nPage 8 of 8
Item # O
City of Georgetown, Texas
October 23, 2012
SUBJECT:
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 2012-13 -- 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 12-13 is $140,000. In FY 11-12, 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, 41% for paperbacks, and 31.5% for DVDs. Also, under this contract we receive free
shipping. We will continue to operate under the same contract during FY 12-13.
FINANCIAL IMPACT:
Library staff believes that giving the bulk of our business to Ingram is the most cost-effective way to operate.
SUBMITTED BY:
Eric Lashley, Library Director
Cover Memo
Item # P
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve Task Order SBE-12-008 with Steger Bizzell of Georgetown,
Texas, for professional engineering services related to the preliminary engineering and schematic
design of a replacement bridge on DB Wood Road at the Middle San Gabriel River in the amount of
$163,538.00 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E.,
Transportation Engineer
ITEM SUMMARY:
Project Background. The City of Georgetown inherited DB Wood Road from Williamson County,
inclusive of several bridges and drainage structures. One of those structures, the bridge over the Middle San
Gabriel River is reaching its operational service life limits and should be considered for replacement or
adding a parallel structure to accommodate the increasing volumes of traffic.
Steger Bizzell of Georgetown, Texas, completed the 2011 Street Rehab and Curb & Gutter project
design for the City, including the rehab of D.B. Wood Road around the Middle Fork Bridge. Using design
money remaining from those projects, staff has worked to draft the initial Task Order for this project to
initiate the bridge design project; the proposed task order is attached.
Bridge Design Update. After starting the Task Order negotiations, City of Georgetown Staff visited
the D.B. Wood Middle Fork Bridge in advance of the rehab project to measure the depth of asphalt to add to
the roadway at the lip of the bridge and found some changes to the conditions around the bridge. TxDOT
bridge inspectors visited the site, with City of Georgetown inspectors, and discovered that the abutments of
the bridge have moved in towards the river and have pinched the beams, also the wing walls of the bridge are
displaying some unusual torqueing and have new cracks in the structure. These conditions are not typical for
a 12 year old bridge.
In 2011 the Middle Fork Bridge had a sufficiently rating of 77, a very acceptable score. However, due
to the abnormal changes to the structure, TxDOT has engaged a firm to complete a re-evaluation of the
bridge and it may lower the bridge rating to a point where it will be eligible for off-system bridge
replacement funding from TxDOT. Staff hopes to have the re-evaluation results by the end of this calendar
year.
GTAB RECOMMENDATION:
At their October 12, 2012 meeting the Board unanimously recommended approval of this Task Order.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order SBE-12-008 with Steger Bizzell of Georgetown, Texas, for
professional engineering services related to the preliminary engineering and schematic design of a
replacement bridge on DB Wood Road at the Middle San Gabriel River in the amount of $163,538.00.
FINANCIAL IMPACT:
Attached is the CIP Financial Analysis Worksheet for the project.
SUBMITTED BY:
Ed Polasek
ATTACHMENTS:
Budget
Task Order Cover Memo
Item # Q
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City of Georgetown, Texas
October 23, 2012
SUBJECT:
Forwarded from the Georgetown Utility Systems (GUS) Advisory Board:
Consideration and possible action to approve the contract for the Edwards Aquifer Recharge Zone
(EARZ) – VIII, Wastewater Rehabilitation to National Power Rodding Corporation, of Austin, Texas, for
the amount of $737,125.00 -- David Munk, P.E., Utility Engineer and Glenn W. Dishong, Utility Director
ITEM SUMMARY:
Texas Commission on Environmental Quality (TCEQ) requires the utility to test all wastewater lines
over the EARZ in a five year period. The results of the EARZ - VIII required the remediation of wastewater
lines that indicated exfiltration. We also repair any infiltration problems within the system.
This project includes the rehabilitation of approximately 2000 LF of 8-inch pipe by bursting, 1040 LF of 12-
inch wastewater pipe by open trench, and 39 manhole rehabilitations or replacements.
This project was publicly advertised on August 12th and August 19th. Twelve (12) utility contractors
obtained plans. From these plan holders, six (6) competitive bids were received. The low qualified bidder for
the project was National Power Rodding Corporation, with a total bid of $737,125.00; and the engineers
estimate was $800,000.00. Kasberg, Patrick & Associates, LP has reviewed the current workload,
construction history and financials for National Power Rodding Corporation as well as contacted several
references. Therefore KPA recommends the award to National Power Rodding Corporation.
GUS BOARD RECOMMENDATIONS:
This item was unanimously recommended by the GUS Board for Council approval at the October 12, 2012,
GUS Board meeting.
STAFF RECOMMENDATIONS:
Staff recommends approval to award the contract for EARZ – VIII, Trenchless Rehabilitation to
National Power Rodding Corporation of Austin Texas, for $737,125.00.
FINANCIAL IMPACT:
Funds for this additional expenditure are available in the Wastewater Capital funds:
See the attached Budgetary & Financial Analysis.
SUBMITTED BY:
David Munk, P.E., Utility Engineer/Glenn W. Dishong, Utility Director
ATTACHMENTS:
undefined
EARZ VIII Engineers Recommendation Ltr
EARZ VIII Bid Tab Cover Memo
Item # R
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City of Georgetown, Texas
October 23, 2012
SUBJECT:
Consideration and possible action to execute a memorandum of understanding between the City of
Georgetown and Chisholm Trail Special Utility District relating to the consolidation of the district utility
system with the City utility system -- Micki Rundell, Chief Financial Officer and Jim Briggs, General
Manager for Utilities
ITEM SUMMARY:
The memorandum of understanding (MOU) between the City and CTSUD establishes the basic framework
of general concepts to be more specifically addressed in a definitive agreement to be negotiated between the
City and CTSUD. The non-binding MOU encompasses formation of a City-owned local government
corporation (LGC) to receive the assets and liabilities of CTSUD, formation of an LGC board with specific
membership requirements for governance of the LGC, provides for the process of necessary regulatory
approval, provides for the sharing of consolidation cost savings, provides for a general mechanism for
resources sharing, borrowing, and repayment between the LGC and City systems, provides a mechanism of
financing cost savings, and provides for the transfer of CTSUD personnel to the City.
The MOU was negotiated in good faith between the staff and legal representation for each party and
represents a good general framework for the development of a more detailed agreement to consolidate the
utilities.
STAFF RECOMMENDATIONS:
Staff recommends execution of the MOU.
FINANCIAL IMPACT:
Execution of the MOU will require the use of various consultants to perfect the terms of the definitive
agreement. The various task orders will be developed following Council action regarding the MOU.
SUBMITTED BY:
Glenn Dishong
Cover Memo
Item # S
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Discussion and possible action to direct staff regarding a potential amendment to Chapter 2.36 of the Code
of Ordinances related to the Attendance Policy for City Commissions, Committees and Boards -- Troy
Hellmann, Councilmember District 2 and Bridget Chapman, Acting City Attorney
ITEM SUMMARY:
The City Council is requested to review and possibly consider amending the language of Chapter 2.36 of the
Code of Ordinances related to the Attendance Policy for City Commissions, Committees, and Boards to
consider including an exception for Military Service as an excused absence.
The current language in the Code of Ordinance is: Board & Commission Attendance Policy (as revised by
Ordinance 2012-52 on August 14, 2012 to include Medical Absences):
CHAPTER 2.36 - CITY COMMISSIONS, COMMITTEES AND BOARDS
Sec. 2.36.010. - Duties of members.
D. Attendance by Members is integral to success of the commission committee or board. It is Council policy
to require a minimum of 75 percent attendance of each Member at each regularly scheduled meeting,
including subcommittee meetings. A Member shall be allowed two excused absences for the Member's
personal medical care or required medical care of a Member's immediate family member (as defined by City
Ordinance) that shall not count against the 75 percent attendance requirement. Written notice shall be sent to
a Member and the Member's City Council representative when it appears the Member may violate the
attendance policy by being absent from more than 25 percent of regularly scheduled meetings, including
subcommittee meetings. Excessive absenteeism may result in the Member being replaced by the Council. If a
Member is removed from a committee, commission or board, that position shall be considered vacant and a
new Member shall be appointed to the Board in accordance with Section 2.36.040 (Ord. No. 2011-20, § 2
(Exh. A); Ord. No. 2012-52, § 2 )
FINANCIAL IMPACT:
N.A.
SUBMITTED BY:
Rachel Saucier, Legal Assistant
Cover Memo
Item # T
City of Georgetown, Texas
October 23, 2012
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
- LCRA Update
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
Cover Memo
Item # U
City of Georgetown, Texas
October 23, 2012
SUBJECT:
Sec 551.072 Deliberation Regarding Real Property
- Deliberation concerning the purchase of property located at 304 Rock Dove Lane in connection with utility
operations -- Terri Calhoun, Real Estate Services Coordinator and Jim Briggs, General Manager of Utilities
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
Cover Memo
Item # V