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Agenda CC 01.23.2018
Notice of M eeting of the Governing B ody of the City of Georgetown, Texas J anuary 23 , 20 18 The Ge orgetown City Council will meet on January 23, 2018 at 6:00 PM at Co uncil Chambers - 101 East 7th Street The City o f Georgetown is committed to co mpliance with the Americans with Disabilities Act (ADA). If you re quire assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or ac c ommo datio ns will be provided upo n request. P lease contact the City Se c retary's Office, at least three (3 ) days prio r to the scheduled meeting date, at (512) 930- 3652 o r City Hall at 113 East 8th Street fo r additional information; TTY use rs ro ute through Relay Texas at 7 11. Re gular Se ssion (This Regular Sessio n may, at any time, be re cessed to convene an Executive Se ssio n for any purpose authorize d by the Open Meetings Act, Texas Go vernment Code 551.) A Cal l to Order Invocati o n P l e dg e of Al l egi ance Co mments from the Mayor - Presentation of P olice Department Awards - Council Meeting P rocedures and Guidelines Ci ty Co unci l Regi onal Board Re po rts Announcements - Cupids Chase 5K and Fun Run Ac ti on fro m Executi ve Sessi on Statutory Conse nt Age nda The Statuto ry Co nsent Agenda includes no n-c ontroversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B Consideration and possible action to appro ve the mi nutes of the Wo rksho p and Regular Meeting held on Tuesday, January 9, 2018 and a Special Meeting held on January 12 , 20 18 -- Shelley No wling, City Secretary C Consideration and possible action to appro ve a Resolution orderi ng a G eneral El ecti on to be held on May 5, 2018 for Ci ty Counci l Members for Di stri ct 1 and Di stri ct 5 -- Shelley Page 1 of 437 No wling, City Secretary D Consideration and possible action to appro ve a Resolution confi rmi ng the appoi ntment of Lui s Zamo t to the F i re Fi ghters and P ol i ce Offi cers' Ci vi l Servi ce Commi ssi o n for a 3 year term -- Elliott Harper, Human Resources Ge neralist and David Morgan, City Manager E Consideration and possible actio n to approve a new permi t vol ume package fo r 2018 related to the City’s Interl ocal Agreeme nt for licensing South Central Planning and Development Commissio n (SCP DC) for MyPe r mi tNow so ftw are -- Glen Holc omb, Chief Building Official F Consideration and possible action to appro ve the purchase of ni ne te e n (1 9) repl acement rugg edi zed l aptops and associ ated ve hi cl e docks for emergency se r vi ce vehi cl es from Ingram Technol ogi es LLC for an amount of $79,695.16 -- Chris Bryc e , IT Director G Consideration and possible action to appro ve an Assi gnment and Assumpti o n Agreement with We sti n Technol ogy Sol uti ons, LLC (WTS) to allow WTS to assume the obl i gati on of the exi sti ng consul ti ng servi ces co ntract previo usly made between the City o f Georgetown and We stin Engineering, Inc. -- Leticia Zavala, Customer Care Director H Consideration and possible action to no ti fy the Texas Commi ssi on o n Envi ro nmental Qual i ty (TCEQ) that Georgetown requests no t to be noti ced on the pendi ng appl i cati o n of Al amo Co ncrete P roducts rel ated to Ce r ti fi cate o f Adjudi cati on 12-37 37 and 12 -3739 -- Jim Briggs – General Manager of Utilitie s I Consideration and possible action to vacate and abandon multiple public utility easements (PUEs) acro ss Lots A & B, Block A, Resubdivision of Lot 1, Block A, Amended Plat of Lots 1 ,2,3 , Block A, F our-T Ranch Secti o n One, as recorded in Cabinet W, Lot 16 6 of the Plat Re c ords of Williamson County, Texas; and to authorize the Mayor to e xe cute a qui tcl ai m deed - -Travis Baird, Real Estate Services Co ordinator J Consideration and possible action to appro ve the vacati on and abandonment o f a 40 foot ri ght- o f-w ay easement for channel i mpr ovements across Lot 2, Di cote c Subdi vi si on, recorded in Cabinet L, Slide 143, and being a po rtion o f that same easement dedic ate d in Volume 416, Page 2 o f the Official Public Records of Williamson County, Texas; and to autho rize the Mayor to execute a qui tcl ai m deed -- Travis Baird, Real Estate Services Coo rdinato r K Consideration and possible action on a Traffi c Improvement Agre e me nt with Cedar B reaks We st -- Wesley Wright, P.E., Systems Engineering Director L F orw arded from G eorgetow n Transportati on Advi sory B oard (G TAB ): Consideration and possible action to award a contract to Choi c e B ui l ders, LLC of Temple, Texas fo r curb and gutter i nstal l ati o n at various locations in the City, in the amount of $36 2,6 84 .50 -- Wesley Wright, P.E., Systems Engineering Directo r M F orw arded from G eorgetow n Uti l i ty Systems Advi sory B oard (G US): Consideration and possible action to appro ve a contract with Leopo l d, a subsidiary of Xylem, Inc . from Zelienople, PA for the repl acement of the Lake Water Tr e atment P l ant fi l ter number tw o in the approximate amo unt o f $1 38,500.00 -- Glenn W. Disho ng, Utility Director N F orw arded from G eorgetow n Uti l i ty Systems Advi sory B oard (G US): Consideration and possible action to appro ve the following bi d aw ar d fo r Water and Wastew ater Treatment Pl ant che mi cal (So di um Hypochl ori te) to B renntag Southw est, Inc. -- Glenn W. Dishong, Utility Dire c to r Le gislative Re gular Age nda O Consideration and possible action to appro ve and ratify an Agreement fo r purchase with El ster Sol uti ons LLC to provi de Energ yAxi s AMI w ater modul es and r e l ated i tems for the Advanced Meteri ng Infrastructure system and previ ous expendi tures for similar purchases fro m El ster Sol uti ons LLC in a to tal amo unt not to exceed $415,00 0.0 0 -- Glenn Dishong, Utility Director and Rosemary Le de sma, Purchasing Manager P Se c ond Readi ng of an Ordinance o f the City of Georgetown amending the Co de of Ordinances o f the City of Georgetown by adding Chapter 1 2.02 Entitles "Netw o r k No des in the Publ i c Ri g ht-Of-Way," relating to the deployment o f netw ork nodes and no de suppo rt pol es in the Right-Of-Way by netw ork provi de r s in acco rdance with Texas Lo c al G overnment Code Page 2 of 437 Chapter 2 84 ; repealing conflicting o rdinances and resolutions; providing a severability clause; pro viding fo r publication and setting an effective date -- Glenn W. Dishong, Utilities Director (acti o n requi red) Q Se c ond Readi ng of an Ordinance rezo ni ng approxi matel y 72 acres in the Low BC Survey, located at 2 50 Westi nghouse Dri ve fro m Busi ness Park (B P) Di stri ct to a Pl anned Uni t Devel o pment (PUD) Di stri ct -- Sofia Nelso n, CNU-A Planning Dire c to r (acti on requi red) R Se c ond Readi ng of an Ordinance rezo ni ng approxi matel y 31.94 acres in the following subdivisio ns: Brownstone at the Summit Phase 1, Brownstone at Summit P hase 2 -4, Brownstone at Summit P hase 5-6, a portion of lot 4 block "A" lots 1,2,3,5,6 in the Rivery Park Subdivision II and Lot 2 Blo ck "A" in the Rivery Park Subdivision, located at 1500 Ri ve ry B l vd to amend the Summi t at Ri very P ark P l anned Uni t Devel opment (PUD) Di stri ct -- Sofia Nelson,CNU-A Planning Director (acti on requi r e d) S Se c ond Readi ng of an Ordinance restri cti ng vehi cul ar traffi c and cl o si ng the i ntersecti on of We st Majesti c Oak Lane and Apac he Mountai n Lane in the Sun City Subdivision, in the City o f Ge orgetown, Texas -- Rachael Jonro we, Councilmember Distric t 6 (acti on requi red) Proje ct Update s T Pro ject updates and status reports re garding current and future transpo rtation and traffic project; street, sidewalk, and other infrastructure projects; police, fire and other public safety projects; eco nomic developme nt projects; city facility projects; and do wntown pro jects including parking enhancements, city lease agreements, sanitatio n services, and possible direction to c ity staff -- David Mo rgan, City Manager Public Wishing to Addre ss Council On a subje c t that is posted on this agenda: Ple ase fill out a speaker registratio n 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 whic h you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the me e ting. You will be called forward to speak when the Council conside rs that item. On a subje c t no t po sted on the agenda: P e rso ns may add an item to a future City Co uncil agenda by contac ting the City Secretary no later than noo n on the Wednesday prior to the Tuesday meeting, with the subje c t matter o f the topic they would like to address and their name. The City Secretary can be reache d at 51 2/93 0-3651. U - At the time of posting, no persons had signed up to address the City Council Exe cutive Se ssion In compliance with the Open Meetings Ac t, Chapter 551, Government Co de , Verno n's Texas Codes, Annotate d, the items listed below will be discussed in closed session and are subject to action in the regular se ssio n. V Se c . 55 1.0 71 : Consul tati on wi th Atto rney Advic e from attorney about pending o r contemplated litigation and othe r matters on which the attorney has a duty to advise the City Co uncil, including agenda items - Update o n pending litigation styled Amanda P hilips v. City of Geo rge to wn Se c . 55 1:0 74 : Personnel Matte r s City Manager, City Attorney, City Se c retary and Municipal Judge: Consideration of the appointment, employment, evaluatio n, reassignment, duties, discipline, o r dismissal Se c . 55 1.0 86 : Certai n P ubl i c P ow e r Uti l i ti es: Competi ti ve Matte r s - Purchase Po wer Update -- Jim Briggs, General Manager of Utilities Se c . 55 1.0 87 : Del i berati on Regardi ng Eco nomi c Devel opment Ne go ti ati ons - Pro ject Legacy Adjournme nt Page 3 of 437 Ce rtificate of Posting I, Shelley No wling, City S ecretary for the C ity of Geo rgeto wn, Texas , do hereby c ertify that this Notic e o f Meeting was posted at City Hall, 113 E. 8th Street, a p lac e read ily acc es s ib le to the general pub lic at all times , o n the _____ day of _________________, 2018, at __________, and remained so p o s ted for at leas t 72 c o ntinuo us ho urs p receding the s cheduled time of s aid meeting. __________________________________ Shelley No wling, City S ecretary Page 4 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Cal l to Order Invocati on Pl edge of Al l e gi ance Comments fro m the Mayo r - P resentation o f P olice Department Awards - Council Meeting P rocedures and Guidelines Ci ty Counci l Re gi o nal Bo ard Reports Announcements - Cupids Chase 5 K and Fun Run Acti on from Executi ve Sessi on ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Shelley Nowling, City Secretary Page 5 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to approve the mi nutes o f the Workshop and Re gular Meeting held on Tuesday, January 9, 2018 and a Special Meeting held on January 12, 2 01 8 -- Shelley Nowling, City Secretary ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: ATTACHMENT S: Description Works hop Meeting Minutes 1.9.18 Regular Meeting Minutes 1.9.18 S p ecial Meeting Minutes 1.12.2018 Page 6 of 437 Minutes of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, January 9, 2018 The Georgetown City Council will meet on Tuesday, January 9, 2018 at 4:00 PM at the Council Chambers, at 101 E. 7th St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross called the meeting to order at 6:00 PM. All Councilmembers were in attendance. Mayor Dale Ross, Anna Eby, Councilmember District 1, Valerie Nicholson, Councilmember District 2, John Hesser, Councilmember District 3, Steve Fought, Councilmember District 4, Ty Gipson, Councilmember District 5, Rachael Jonrowe, Councilmember District 6, and Tommy Gonzalez, Councilmember District 7 were in attendance. Policy Development/Review Workshop – Call to order at 4:00 PM A. Review of Grace Heritage Center Operating Agreement -- Laurie Brewer, Assistant City Manager Assistant City Manager, Laurie Brewer, spoke on the Grace Heritage Center Operating Agreement. She said that this is the last year of a 3 year agreement with Grace Heritage. She said she would be reviewing suggestions made by the Council for possible long term plans. Brewer noted that Council had asked staff to bring the topic back to them after the recent building rehabilitation and construction. Brewer explained that because of certain provisions in the lease agreement, it was best to bring the topic back to Council now, instead of later, in case it is necessary to provide adequate notice. Brewer provided a map of the location. She said the presentation would cover background and history, the current lease agreement and options. Background/History • Grace Episcopal Church was built ca. 1881, and belonged to the congregation until 1992 • The City of Georgetown acquired Grace Heritage Center in 1992 • The City and Georgetown Heritage Society partnered to move the structure and develop the property at 811 South Main Street • City of Georgetown currently owns the facility Brewer described Georgetown Heritage Society Leases • Original Lease – 1994 • Second Lease – 2000 • Third Lease – 2005 • Current Lease expired October 2018 o 3 Year Lease with option to renew for an additional 3 year period at same terms Brewer spoke on the 2015 Lease Requirements • The City of Georgetown Shall: o Maintain the exterior of the structure o Maintain the interior, including HVAC and plumbing o Provide first right of negotiation to GHS/Preservation Georgetown if the City intends to transfer ownership • Preservation Georgetown Shall’ o Pay $3900 in rent and maintain insurance o Provide quarterly and annual reporting Page 7 of 437 o Provide exhibition, instructional, and meeting space Minimum hours open – Thursday-Friday 9-5, Sunday 1-4 Operational during downtown special events Hold minimum of six public events per year related to history, tourism or culture Provide historic brochures, publications and booklets to visitors Be allowed to rent out property for meetings and events Brewer spoke on the current status and consideration • Previous Council direction was to discuss long term options for the facility o Renovations complete o Currently within 180 day period to provide notice if the Council wished to terminate on October 31, 2018 Brewer described the Downtown Function and Concept Plan from 1992 • Grace Heritage Center will serve the following roles o Provide office space for GHS o House the GHS archives o Serve as education and research center o Function as arrival and departure point for tours o Provide visitor information and public meeting space o Serve as a special presentation center o Be staffed by GHS volunteers She next described the Downtown Purpose • Consider whether the previous plan meets current Council goals • Functionality in the Downtown o Arts and Culture o Pedestrian traffic o Economic impact • “High Priority” designation on historic resource survey Brewer provided the Council with possible Options and Direction to Staff • Exercise 3 year renewal option with Preservation Georgetown under the current lease • Negotiate new terms with Preservation Georgetown • Issue competitive Request for Proposals for operation of the facility • Request proposals or bids for sale of the property o Subdivide from Founders Park; sale would require election because it is parkland o Offer PGT first right of negotiation • Sell the building to be moved o Subdivide from Founders Park; if land sale, election required o Offer PGT first right of negotiation • Other options as directed by Council Brewer noted that the agenda packet contains a copy of the lease, the appraisal district description and the historic resource survey designation. Councilmember Hesser asked about the adjacent parking lot and if it was part of the property. Brewer said it has a different property owner. City Manager, David Morgan, said there is one parking lot not under city ownership which is being developed as office and retail space. He explained that, in addition, there is a small parking lot behind the building that is connected with the property. Councilmember Jonrowe asked about the insurance that PGT pays and the amount of the quarterly payments. Brewer said she is not sure on the amount of the insurance payments, but that they were increased in the lease drawn in 2015. She said that GHS was asked to contribute more. Brewer noted that the City receives $3900 in total payments from the society. Jonrowe asked if a goal has been set to have them participate through a certain percentage. Brewer said that would be examined with Council direction. Jonrowe said Preservation Georgetown has taken Council direction to heart and has increased their visibility and made great efforts. Jonrowe said she would be in support of continuing a lease and fruitful relationship. Page 8 of 437 Councilmember Fought said that since $418,000 has been spent recently in renovations, he is no longer in favor of selling the building. He emphasized the importance of making the society responsible for the burden of maintenance. Councilmember Gonzalez asked Brewer if there was another useful purpose or market value to the building. Brewer said she would think that it is best suited for the activities and uses that it currently has. Councilmember Eby said selling or moving should be off the table. She explained that it is a very good asset for the City and its citizens. Eby said renewal with new terms would be most appropriate. Councilmember Hesser asked if the Preservation is compliant with the lease. Brewer said they have missed a few reports because of office staff difficulties they were experiencing, but are coming around. Morgan said staff could establish regular maintenance. Hesser suggested doing an RFP to determine if there is an opportunity for the building that the City is not aware of. Mayor Ross asked about the hours of operations. He noted that it would be 19 hours a week plus special events. Ross said the costs of operation should be examined. Councilmember Gonzalez said he recalls the Preservation discussing doing some fund raising. He asked about the results. Brewer said she is not aware of any fund raising activities. Morgan agreed. Ross said the original lease term burdened the City with maintenance and the City did not keep it up. He explained that bringing the building up to speed was necessary because of the inaction of the City. He said it should be determined and clarified who bares what in expenses. Nicholson said she wants to see rebrand specifics and how they mesh with the lease agreement. Jonrowe asked if Saturday was the normal day for weddings. Brewer confirmed. Mayor Ross summarized. Selling off table Renewal coming up Different percentage of maintenance costs Possible alternative uses – RFP Morgan said options can be reviewed with Council and conversation with Preservation Georgetown. B. Presentation on Interim Municipal Utility District (MUD) Policy and discussion on potential revisions -- Wayne Reed, Assistant City Manager Assistant City Manager, Wayne Reed, provided a presentation and discussion on the City’s Municipal Utility District (MUD) Policy. He said that he had provided handouts to the Council on the dais which contain the same information as his Power Point presentation, but will aid the Council in seeing the information more easily. Reed said that it is time for the City to sharpen the saw regarding the MUD Policy. Reed said the purpose of the presentation was because staff is seeking direction from Council on desired updates to the City’s Interim Municipal Utility District (MUD) Policy based upon practice and lessons learned since the policy was adopted in 2014. He explained that one of the Council strategies had been to create Comprehensive Annexation and MUD strategy. Reed recognized the many staff members who had contributed to this presentation. • David Morgan, Wayne Reed, Laurie Brewer, Jim Briggs and Jack Daly – City Manager’s Office • Charlie McNabb – City Attorney’s Office • Sofia Nelson – Planning Department • Wesley Wright – Systems Engineering Department • Kimberly Garrett – Parks and Recreation Department • Chief John Sullivan – Fire Department Page 9 of 437 Reed provided a Presentation Overview • Part 1 – Purpose of MUDs • Part 2 – Background on Interim MUD Policy • Part 3 – City Discussion on MUDs in 2013 • Part 4 – Interim MUD Policy Criteria • Part 5 – Practices Past 4 Years • Part 6 – Staff Recommendations • City Council Direction Purpose of MUDs Page 10 of 437 A map and timeline diagram of the Georgetown MUDs from 2004 through 2017 were shown and described. Reed said that most were out of City MUDs and Hillwood was the first In-City MUD. Reed spoke on the background of the Interim MUD Policy and provided maps for explanation. Page 11 of 437 Page 12 of 437 Reed explained that there had been City discussion on MUDs in 2013 and described the potential issues, other considerations, and Council direction at that time. Page 13 of 437 Page 14 of 437 Reed spoke at length about Interim MUD Policy Criteria and described 11 different Policies. Page 15 of 437 Page 16 of 437 Page 17 of 437 Page 18 of 437 Reed noted that when annexation was crafted in 2014, the new annexation laws had not yet been enacted, which makes it ineffective today. Reed spoke next on the City’s practices for the past 4 years regarding the various policies. Page 19 of 437 Page 20 of 437 Councilmember Gonzalez said it is an important point that Reed made regarding annexation. He explained that the recent state laws will supersede the MUD agreements. Mayor Ross said it would need to be a voluntary annexation. Gonzales explained that now MUDs would not be required to become annexed. City Manager, David Morgan said a policy on MUDs helps financing and bonds. He explained that the City could offer a lower tax rate and make it attractive to be annexed. Mayor Ross asked what advantage it is to the City to have an in-city MUD. Reed said the City may not have intent to extend utilities to the area and the developer would pay for the extension. Morgan said developers put costs through the MUD to be paid off over a distance of time. Morgan said there are limitations for the MUDs from the state that limit the risks. He explained that TCEQ, as well as the City policy, oversee the financial risk and management and are able to limit their debt capacity. Councilmember Hesser reminded the Council about former MUDs that had been in trouble financially, asking to be annexed. Morgan said that is a past practice, specifically with Berry Creek, where the City took over the MUD and purchased the debt and took over the infrastructure. He explained that the infrastructure, per the policy, is now tied into the City system and built to City standards. Page 21 of 437 Reed went on to describe the Staff Recommendations for each Policy. He said the City should favor in-city MUDs at this time. Page 22 of 437 Page 23 of 437 Mayor Ross asked about the 10 years mentioned in policy 7. Morgan said multiple bond sales effectively limit a MUD to 35 years of debt and also limit the types of uses and the total that can be sold. Councilmember Jonrowe asked about workforce housing. Reed said it has not been being done. He explained that it is hard to do workforce housing through a MUD. Jonrowe asked about diversity. Morgan said the basis is about improving MUDs and that workforce housing is handled in a different way. Jonrowe Page 24 of 437 asked if this is enforcement. Reed said policy is a guide not a law. Morgan said staff will bring back more language and detail regarding this. Councilmember Gonzalez asked if workforce housing would be considered a uniqueness for a MUD. Reed confirmed. Jonrowe asked staff to look into this further and make it a priority. Ross said that a developer of a MUD would not be prevented for applying for affordable housing tax credits from the state. Reed said there is a need to look at impervious cover more carefully. He said there might be an area that the City would encourage a conservation design, for example He noted that based on the current Land Use Plan, the City could be encouraging more commercial development, which might not be appropriate for more landscaping because the City would want to encourage less impervious coverage. Jonrowe asked if staff has considered looking at this as a canopy issue rather than an impervious cover issue, such as the City of Hutto. Reed said landscape standards and the tree policy is the same as a “canopy”. He said tree preservation is required in each development as well as meeting the City’s landscape requirements and this makes the “canopy” for the City. Jonrowe said she does not agree. Reed said that staff would also recommend updating the application fee to cover costs. He said the City’s fee is currently very low. He explained that staff time devoted to processing and negotiations for MUDs is not well covered with the current fee is $1,550 plus fees for professional and legal staff time, to cover costs to process the applications. He said that in most cities the minimum fee for a MUD application is closer to $5,000.00. Mayor Ross said this is a lot of information with significant changes. He suggested Council draft their comments or concerns and send them to David Morgan. He said he is concerned with unintended consequences. Morgan said feedback within the next 30 days would work. Mayor Ross instructed the Council to get their feedback to Morgan by February 10, 2018. Councilmember Jonrowe asked to see side by side comparisons of MUDs and developments that have not asked for MUDs. She said she would like to see things such as total acreage being used, the number of homes in each of these subdivisions, what the tax rate looks like, the type of housing, the pricing of the housing, and foreclosures and turn over information to determine if people can afford to live in these houses that they are buying in these neighborhoods. She said that she wants to make an informed decision. Morgan said staff will follow up with another workshop for the Council. Mayor Ross recessed the meeting to Executive Session under Section 551.071, Section 551.072, Section 551.074 and Section 551.087 at 5.00 PM. 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. C. Sec. 551.071: Consultation with Attorney Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items Sec. 551.072 Deliberations about Real Property - Fire Station 7 Site Consideration Sec. 551:074: Personnel Matters City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal Sec. 551:087: Deliberation Regarding Economic Development Negotiations - Project Fish - Project Ollie - Project Pilates Adjournment Mayor Ross adjourned the Workshop meeting to begin the Regular Council Meeting at 6:00 PM. Page 25 of 437 _______________________________________________________________________________________________________ Approved by the Georgetown City Council on _______________________________________ Date _____________________________ _____________________________ Dale Ross, Mayor Attest: City Secretary Page 26 of 437 Minutes of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, January 9, 2018 The Georgetown City Council will meet on Tuesday, January 9, 2018 at 6:00 PM at the Council Chambers at 101 E. 7th St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross called the meeting to order at 6:05 PM. All Councilmembers were in attendance. Mayor Dale Ross, Anna Eby, Councilmember District 1, Valerie Nicholson, Councilmember District 2, John Hesser, Councilmember District 3, Steve Fought, Councilmember District 4, Ty Gipson, Councilmember District 5, Rachael Jonrowe, Councilmember District 6, and Tommy Gonzalez, Councilmember District 7 were in attendance. Mayor Ross said that the Council Chambers was over the allowed capacity of persons and would be in violation of the occupancy code for the facility. The City’s Fire Department helped to escort the back two rows of people to the Chamber lobby and sidewalk outside. There are speakers in both places so that everyone could still participate in the meeting. People were permitted to reenter the Chamber, as others left, and the occupancy code was followed. Regular Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A. Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Sergeant Promotions City Council Regional Board Reports Mayor Ross said that he had attended the CAMPO meeting on Monday, January 10th, but said there was nothing specific to report. Announcements - Cupid’s Chase Action from Executive Session Motion by Eby, second by Fought, to approve, on the terms discussed in executive session, 1) authorization to purchase real property and 2) authorization for the Mayor to execute necessary documents for Fire Station Number 7. Approved: 7-0 Since there was a very large crowd, Mayor Ross spoke to the attendees regarding the formal proceedings of the night’s meeting and asked all to remain respectful and considerate throughout the meeting. Statutory Consent Agenda Page 27 of 437 The Statutory Consent Agenda includes non-controversial and routine that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B. Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, December 12, 2017 and Special Meetings held on December 13, 2017 and December 14, 2017 -- Shelley Nowling, City Secretary C. Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas, supporting Williamson County in the Application for 2019-2022 CAMPO Project Call for the Southbound Interstate 35 Frontage Road from RM 2243 to the SE Inner Loop/SW Bypass Intersection and related intersection improvements -- Edward G. Polasek, AICP, Transportation Planning Coordinator D. Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas, authoring the Application to the 2019-2022 CAMPO Project Call for the RM 2243 Widening project from Norwood Drive to the SW Bypass as authorized by the voters in the 2015 Bond Program -- Edward G. Polasek, AICP, Transportation Planning Coordinator E. Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas, authorizing the Application to the 2019-2022 CAMPO Project Call for the Williams Drive/Lakeway Drive Intersection improvements outlined in the 2017 Williams Drive Study -- Edward G. Polasek, AICP, Transportation Planning Coordinator F. Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas, authorizing the Application to the 2019-2022 CAMPO Project Call for the Williams Drive/Wildwood Drive Intersection Improvements outlined in the 2017 Williams Drive Study -- Edward G. Polasek, AICP, Transportation Planning Coordinator G. Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas, authorizing the Application to the 2019-2022 CAMPO Project Call for the Williams Drive/IH 35 Access Improvement Plan and Schematics as outlined in the 2017 Williams Drive Study -- Edward G. Polasek, AICP, Transportation Planning Coordinator H. Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas, authorizing the Application to the 2019-2022 CAMPO Project Call for the Traffic Management Center Programming as outlined in the 2017 Williams Drive Study -- Edward G. Polasek, AICP, Transportation Planning Coordinator I. Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas, authorizing the Application to the 2019-2022 CAMPO Project Call for the Williams Drive sidewalk and pedestrian improvements with the use of TDC Credits as outlined in the 2017 Williams Drive Study -- Edward G. Polasek, AICP, Transportation Planning Coordinator J. Consideration and possible action to accept a 1.210 acre (52,720 square feet) wastewater easement out of the W. Addison Survey, Abstract 21, from James David Honeycutt, and to authorize the Mayor to sign all documents necessary to effect such acceptance --Travis Baird, Real Estate Services Coordinator K. Forwarded from the General Government & Finance Advisory Board (GGAF): Consideration and possible action to approve a contract with FleetCor Technologies dba Fuelman for fuel card services and related products in amount not to exceed $830,000.00 -- Stan Hohman, Fleet Manager Motion by Hesser, second by Gonzalez, to approve the Statutory Consent Agenda in its entirety. Approved: 7-0 Legislative Regular Agenda L. Consideration and possible action on an appeal from denial of application for a Certificate of Appropriateness (COA) for a four-story mixed use building at 204 East 8th Street -- Sofia Nelson, Planning Director Page 28 of 437 Planning Director, Sofia Nelson, spoke on the appeal for a denial of an application for a Certificate of Appropriateness for a proposed project at 204 E. 8th Street. She explained that this request differs from other typical requests, and that she will be going into depth to provide all of the necessary information. Nelson provided a Presentation Outline • Part 1 – Overview of UDC Guidance • Part 2 – Overview of proposed project as presented to HARC • Part 3 – Review of HARC action • Part 4 – Recap of Options for Action An Overview of the Request was provided. Appeal of a Certificate of Appropriates • Appeal Hearing • Burden of Proof in Appeals • Findings and Conclusions • Decision of Appeal Nelson described the Options for Action • Affirm HARCs decision o Concur with the decision and the denial stands • Modify the decision o Accept the proposal as submitted o Accept an alternative proposal Nelson explained the UDC Guidance for a Certificate of Appropriateness. Page 29 of 437 The Application Versions were described next. Page 30 of 437 Nelson noted that the applicant had submitted a Version 5 to staff that morning, which will also be provided for the Council’s review. She explained that she would walk through each of all 5 versions. Nelson provided location maps and an image of development strategies in the Downtown Master Plan. She spoke on the historic overlay district and parking standards in the area. Nelson explained that the blue outline is area 2 with infill guidelines and noted that the historic overlay district, outlined in red, borders up to the area 2 outline. Page 31 of 437 Nelson provided a Review of the Project and provided renderings and a recap of an 11-9-17 Conceptual Review of Version 1. She explained that staff and the HARC Commission reviewed the Downtown and Old Town Design guidelines relevant to the project, namely the 21 guidelines of Chapter 13 – Infill in Area 2. Nelson noted that the Commission had voiced concern regarding setbacks in this Version. Next, Nelson showed the project as submitted to HARC for action of Version 2 on November 15, 2017 and posted for consideration of a Certificate of Appropriateness on December 8th. This version was for the construction of a four-story mixed use building, the first floor consisting of a 2,600 square foot commercial use and 30 parking spaces, and floors 2-4 supporting 26 residential units. Nelson also provided several renderings of Version 2, as submitted. She explained that the applicant had revised this design somewhat during the HARC meeting. Nelson noted that staff had met with the applicant on November 17th, November 27th and December 12th and the applicant had been responsive to staff recommendations. She said that since agenda preparation and posting, the applicant has made significant changes to the proposal including a 10% reduction in the number of units and a reduction in overall height, as well as changes to the materials and finishes. Nelson spoke next on Version 3 of the Project as submitted after the HARC agenda had been posted. She provided updated renderings. Nelson spoke on the public comment and noted that staff had received 2 written comments in support of the project and 25 in opposition. She said that, in accordance with the public notification requirements in the Unified Development Code, 1 sign was posted on the property, 15 days in advance of the public hearing. Nelson described the Section 3.13.030 Criteria for the project. Page 32 of 437 Page 33 of 437 Nelson spoke next on Design Guidelines. She explained that building heights of larger projects should provide variety and a larger development should step down in height toward the street or smaller, surrounding structures. Page 34 of 437 Page 35 of 437 Page 36 of 437 Page 37 of 437 Nelson noted that a new design that draws upon the fundamental similarities among commercial and residential buildings in the community, without copying them, is preferred. She explained that this will allow them to be seen as products of their own time yet compatible with their historic neighbors. Nelson spoke on the staff recommendations. She explained that staff recommended approval of the request with 2 considerations: • Consideration of reducing the variation in materials in order to represent those features that are most common in the Downtown Area and represent a unified development pattern. • Consideration to add a screening wall (green screen) along the eastern façade in order ot address the void between the 2nd floor and the top of the wall adjacent to the parking garage. Nelson provided renderings and descriptions of the applicant’s Version 4, Post Staff Presentation. She noted that this was presented at the HARC meeting, but members did not have it prior to the meeting. Nelson said that this version incorporates the setback and the biggest changes to the project. Nelson next provided renderings of the applicant’s Version 5 of the project which had been submitted to staff that morning. She described the 4th floor setback. A Review of HARC action (7-0) was provided. Nelson noted that the Commission and the applicant discussed Version 3 drawings and dimensions at length, including the concerns about stepping the building back as identified with the design guidelines. She said the applicant had provided an additional set of drawings (Version 4) which included a step back of the 4th floor from the plane of the building. Nelson said that staff was not provided a copy of Version 4 building renderings. She explained that following comments by the property owner and those of the public, the Commission took action to deny the request as submitted on December 4th. Nelson said the motion for denial was made with the following findings. Page 38 of 437 Nelson reviewed Council’s Options for this Proceeding: • Affirm HARCs decision o Concur with the decision and the denial stands • Modify the decision o Accept the proposal as submitted o Accept an alternative proposal Eric Visser, the representative for the developer and applicant for the project, provided a presentation for the appeal of the HARC action. Visser introduced Matt Synatschk, with Matkin Hoover Engineering, a governmental relations consulting firm for the project. Visser said he was glad to engage in the conversation today. He said there had been a lot of misinformation spread about the project. He noted that many people of the community care about downtown, as does he. Visser said instead of getting more activity downtown, this project is about getting better activity downtown. He explained that he and his partners were committed to making the downtown better. Visser said that HARC had made a wrong decision and he would be presenting the formal appeal. Visser provided images of the UDC Section 3.13.080 COA Appeals Process, the HARC Bylaws, the City Code of Ordinances, Chapter 2.36 and Chapter 2.50, the Member Eligibility Requirements in the HARC Bylaws and the HARC Motion for Denial. Visser said that HARC Member Bohls should have refrained from discussion on this project. He spoke on the requirement for a member to reside in the city limits or ETJ, and how this had been violated, by a member of HARC who resides outside of the ETJ. Page 39 of 437 Page 40 of 437 Page 41 of 437 Visser said that the HARC Commission had gotten hung up on parking and impervious cover, which is not HARC’s role. He said that HARC acted outside of their role when discussing parking, utilities and the like. Visser said the only factor in the denial that falls under the authority of HARC is the fourth floor setback issue. He said the project never got a chance to explore all of the design options. Visser said that he does not believe that HARC is equipped to handle projects like this one and this is not fair to the applicant or the volunteers who serve on HARC. He noted problems with City entertainment venues and noted the difference between transient users and users with a pride of ownership. He explained that owners would support local businesses and build the community. He asked the Council to view this request from an ownership look instead of transient user. He noted that the residents of the project would not tolerate parking four blocks away as this would prohibit being able to sell these residences. He said it is in the applicant’s best interest to supply adequate parking and the notion that they would not provide adequate parking is completely false. Visser said that by bringing full time residents to the downtown it would assure that density results downtown are spread evenly throughout the week and would not peak during weekends and holidays, as it would with transient uses. He said that the retail space provided on the first floor would be available for restaurants, when currently the downtown is out of space. Visser said that HARC has shown an unwillingness to limit its evaluation to the purposes to which it was empaneled and has shown that it is heavily susceptible to influences exerted by a small band of snearing protestors. Visser said that HARC has effectively reduced the economic value of the property to zero because of their demands. Visser noted that it is very unusual to receive a staff recommendation for approval, while also turned down by HARC. He said the community is at odds with its own master plan. Visser asked Council to prioritize. He explained that the applicant wants to be a good neighbor to those affected and their team is ready to address options and concerns. Matt Synatschk, the Development Manager for Matkin Hoover, provided more detail of the project. He presented a map of the property at 204 E. 8th Street and described the Downtown Overlay District with Site Details for the property. Synatschk spoke on the surrounding land use. Page 42 of 437 Page 43 of 437 Page 44 of 437 Synatschk provided a timeline for the project, as well as renderings and a conceptual review from November 2017. Page 45 of 437 Synatschk spoke on the HARC Conceptual Review and provided a summary of comments: • Building needs more modular design to break it up and create a human scale. • Materials should reflect the existing materials in the District • The height exceeds the allowable height for the MU-DT Zoning district • The roof line should break up the height of the building • Parking (Not HARC Review) Synatschk next provided the Revised Project and Improved Project for Staff Review. Page 46 of 437 A summary of the Staff Review was provided. • Building height is appropriate • The Proposed design breaks the structure in to modules Page 47 of 437 • The multiple roof types create too much variation • The increase in materials create an overwhelming visual effect Synatschk said that staff recommended approval to the Commission with consideration of reducing the variation in materials in order to represent those features that are most common in the Downtown area and represent a unified development pattern. Synatschk summarized the HARC Discussion and Review • The design has not been reviewed by the Chief Building Official • The project does not provide adequate ADA parking • The height exceeds the allowable height for the MU-DT zoning district • The project exceeds the impervious cover for the site Synatschk then provided renderings of the newest design and explained that it would play better with the look of an historic district. He also provided a floor plan of the first floor including the 35 private parking spots proposed and the retail space. He also described the proposed materials. Synatschk spoke on the Downtown Master Plan and Old Town guidelines used by both staff and the developer. He explained that the site was small – just over 1/3 of an acre. Synatschk noted that the property was outside of the courthouse view corridor. Nelson read the caption. Motion to Fought, second by Hesser, to approve the appeal from denial, specifically using Version 5 of the project. Councilmember Eby asked for clarification. City Attorney, Charlie McNabb, clarified that this would mean that the Council would be overturning the HARC denial and be approving the Version 5 design. Persons signed up to speak on Item L included: Patricia Gailah Taylor, Irene Benetar, Richard Cutts, Liz Weaver, Anna Diver, Erin Allen, Larry Olson, J.C. Johnson, Jr., Alex Fuller, Sue Fuller, Ann Seaman, John Folrot, Dale Knobel, Lisa Shumate, Heather Fraser, Ross Hunter, Peter Dana, Linda McCalla, Taylor Kidd, Pam Mitchell, Rachel Cummins, Vicki Stubbington, Nick Ramos, William Harris, Michael McAndrew, Winnann Ewing, Larry Bundidge and Jay Warren. Comments and concerns voiced included: It is the will of the community to deny the project Opposition to 4 story building Excessive height Lack of parking 650 Georgetown residents object by petition Building does not suite location Disproportionate to the area Examined Council vision for Georgetown Vision statement – project does not fit Will look like the side of the freeway in anywhere America Too big for the site How many staff live in Old Town? Damage historical spot Project should be located away from the downtown square Disagree with the staff Will block views Will be happy to meet with developer Supports residential on this site, but not the height 44ft is max height for the City – questioned how it was calculated Actually 49 feet – 5 ft. over code maximum Would require an ordinance change Violations of state statute Not gone through proper zoning Doesn’t meet the guidelines City is a gem and a jewel with a lot of heart as a community Developer has insulted the citizens Page 48 of 437 Developer not trustworthy Too large for the area Design does not reflect the character of Georgetown Project belongs elsewhere Citizens do not want this Guidelines out of line with what the citizens want their city to look like Listen to the residents Size is too large Behind the structure is a one story house built in 1898 Hold onto the historic value in the area Chapter 8 guidelines on public streetscapes – compatible with historic resources Chapter 12 guidelines for construction of new building – maintain traditional size of the history of the area 300% taller than surrounding structures Heritage trees will be gone Will create traffic when residents are out driving The demands on the community will be great Consideration for the character of the city Same house for 8 generations Here before Williamson County was established Consider how you want Georgetown remembered Be thoughtful Legal, ethical and moral must all be considered – moral does not apply to this project HARC is a critical mechanism to insure alignment Disagree with staff’s opinion HARC voted unanimously against the project Scope of impact is not just Old Town Pay attention to the 650 people who signed the petition No one thinks this is good for the site Out of place and will overwhelm everything around it 10 million dollars has been put into downtown through the Main Street Project Council is committed to preserving he most beautiful square in Texas Developments getting approved regardless of citizen input Asked Council to be considerate Feeling a certain way about their downtown is wonderful This building would transform the look This is a 7-0 vote and a petition of 650 signatures Not appropriate to overturn clear citizen input Not the views of Georgetown Square not a set of boxes covered with texture How can one design a building and not know how many units it will have? 25 to 30 units in 1/3 acre is a lot Community does not oppose a mixed use building Growth needs to be properly planned and the square needs to be preserved Council has not been given enough time to review the project Will create a loophole for future monstrosities to be developed Progress without a lot of thought Support the integrity of the downtown overlay Procedural crisis until can comply with state law Open meetings act violation – Version 5 not noticed properly Master Plan is a Savior - follow it Parking will be a big problem When it rains in Georgetown, water will come under near-by homes, because of the large size of the project Come to eat, shop in downtown Georgetown Centered on the character of the downtown Build in a way that respects the community Respect the work of HARC A project either meets the UDC or doesn’t If do not like this, change the UDC Can’t not allow it, if it meets the guidelines Project defies all logic Project does not comply with what the UDC says Page 49 of 437 Councilmember Gonzalez asked about the legal laws of what has been covered and asked about the UDC criteria on height. Nelson said the UDC has a maximum of 40 feet, with 2 exemptions of 10% which can be used by staff. She explained that staff looks at special provisions of a particular property. Nelson said that HARC has the ability to make an exception for height of 10% also, separate from staff’s exception. She explained how height is calculated in the UDC. Councilmember Jonrowe asked what staff would do if a developer comes in asking for 44 feet from the get go. Nelson said staff identifies the maximum height and asks for a reason for the additional height. She explained that, as a development team, staff then looks at the request cohesively and gives the applicant feedback if it is something they can support or not. Jonrowe asked if staff would consider reserving the 10% until the HARC suggestions. Nelson read that specific section of the UDC out load. She noted that there is approval criteria for an administrative exception for design or land use compatibility. Mayor Ross asked about citizens Olson and Hunter referring to state law on height. McNabb explained that the UDC contains the zoning ordinances. He said there is a provision in the UDC for HARC to grant a Certificate of Appropriateness and the ability to vary the height. He explained that Council now sits in the shoes of HARC and has the same authority. Councilmember Gonzalez asked how tall the building for this project would be. Nelson said 44 feet and that the building could not be built more than 44 feet. She explained that the applicant has not asked for a height variance. Mayor Ross asked if the applicant would like to speak to that. Matt Synatschk said the building height has some flexibility because the site slopes. Councilmember Gipson asked about Version 5 and the reference to it not being properly notified. City Attorney, McNabb, said the open meetings act is to alert the public as to what is to be discussed by Council or an advisory board, and there had been proper notification. Councilmember Nicholson wanted to clarify if an approval of the appeal would approve the project. Nelson said an approval would be an approval of the renderings for Version 5 that have been shown. She noted that the applicant would still need to work through the site development process from a building permit process, meeting all building and fire codes. She explained that these are other approvals that would still need to come. Councilmember Hesser asked about the number of units and parking places in Version 5. Nelson said there is a proposed 31 full parking and 4 motorcycle spaces on the property and 6, 1 bedroom units, 16-2 bedroom units, 2 parking spots for visitor space and 5 parking spots for commercial. She explained that there would be 48 parking spots required and the applicant would still need to work through solutions. Nelson noted that the UDC provides for shared parking agreements and other parking supplements. Hesser asked if this can be worked out tonight. Nelson said it would be resolved in the development plan process, and either the applicant meets the requirement or does not. Hesser asked about alternate parking. Nelson explained possible solutions. She said the applicant could speak on how they are proposing to fill the gap. Synatschk said counts shown are from earlier versions and the parking requirement would now be 35 spaces. Eric Visser noted that all residents will have parking and the applicant will be looking for alternative parking for the commercial. He explained that this is because they have now reduced the number of bedrooms or units in the project. Councilmember Gonzalez asked if Visser would have parking for all residents and then only be seeking alternative parking for the 5 commercial spots required. Synatschk confirmed and said there is now a total of 23 units - 12 one bedroom and 11 are 2 bedroom. Mayor Ross called a break until 9 PM. Councilmember Jonrowe asked about 13.19 regarding setbacks and if this is clearly defined? Nelson read the development guidelines on this. Jonrowe said it seems to be a minimum setback and larger development should step back in height when around smaller surrounding structures. Nelson said it reads that a larger development should step back from the street or smaller surrounding structures. Jonrowe asked why staff did not ask the developer to follow this. Nelson said staff works with the applicant to understand how they are adjusting for their project. She said that HARC also reviews the item during conceptual review. She explained that staff analyzed the request and noted that the wall was slightly different. She explained that in this circumstance, based on staff’s review, using guidelines that are not requirements, because of the recessions designed in the building. Jonrowe said she would disagree with staff’s assessment. Jonrowe Page 50 of 437 asked about having separate buildings to increase the modularity. Jonrowe asked if separate smaller buildings had been considered. Nelson said the applicant did not desire smaller buildings. Jonrowe asked about 13.17. Nelson described the provision, which says the building shall fit within the range of yard dimensions seen in the block. Nelson said that from an adjacent standpoint there is nothing developed to the south and to the east is a courtyard space that could be further developed. Nelson confirmed that this speaks to the green space. She explained that zero lot lines is the provision used for mixed use buildings. Jonrowe asked about zero lot lines. She asked if when a request for zero lot lines is made, if it is then a first come first serve basis, since adjacent properties could now be limited in what they would be able to undertake. Nelson said for interior property lines, there is a fire code perspective and a building code. She said there are essentially 2 options: 1) setting the building in to create a setback within your lot and 2) to be able to provide for a wall without windows, doors or openings. Jonrowe asked about the impact to other owners that are immediately adjacent. Nelson said they too would have to meet building and fire code. Jonrowe said this does not answer her question. Nelson offered to have the Fire Chief or Building Official elaborate on the provisions, if more detail would be helpful. Jonrowe asked about 3.13.030, which pertains to the overall character of historic or overlay district. Jonrowe read from the Chapter. She said that herself, HARC and the citizens she has spoken to, all think the project sticks out like a sore thumb. She asked Nelson to explain the disconnection between staff and citizens and HARC. Jonrowe asked how staff could have assessed the project and determined that t it complies. Nelson asked Jonrowe to repeat the design code number so that she could pull it up and be able to explain. She began to read the language of the code. Jonrowe said this is UDC and it is required to be followed. City Manager, David Morgan, noted that Nelson should be allowed to answer the question. Councilmember Fought said a lot of this is subjective and it is not fair to ask a staff member why they differ. Jonrowe said it is staff’s job to offer an accurate assessment. Fought said that would be asking for conjecture. He explained that, because of the subjectivity, if staff differs from HARC, it is not fair to ask why. Fought said Council needs to vote on the request. Jonrowe said if the language is vague, it might need to be changed. Jonrowe said there is a pattern of behavior that staff has a liberal interpretation that does not match most people’s understanding. Nelson said staff felt the project would add a positive cultural and provide increased residential densities. She said that parking is accommodated within the site as recommended in Chapter 13 and the general design complied with materials, which was all provided to HARC. Jonrowe asked about the square footage of the lot and asked Nelson for comparisons. Nelson said she cannot provide these figures on the spot, but will be happy to provide them to the Council later. Jonrowe asked to speak to the developer. She asked about the inspiration for this building. Eric Visser asked Jonrowe if there is any question that he can answer that would cause her to change her mind, since she was the one leading the protest. He added that If the answer is no, there is no reason to answer. Visser said this is now an appellate body and he is asking for fair consideration, because the City Attorney has informed him that the standard is a vote of 5 out of 7 for his appeal to be granted. Jonrowe asked about the architect, Bob Thomas, and if he has experience with historic areas and projects. Visser said that Mr. Thomas was also involved with the Lofts on Rock project. Jonrowe said she noticed a lot of similarities in the two projects and mentioned the initial request for a party room on top for the tenants. Visser corrected the term tenant to resident. Jonrowe said these are two unique properties with unique needs. Visser said HARCs decision of 7-0 was because the wheels came off on the process and they did not have all of the information yet. Councilmember Gonzalez asked Nelson about the list of the requirements criteria and asked, based on Version 5 and the units described as the latest, which criteria would not comply with the UDC. Nelson said it would be the parking, but that the applicant has committed to meeting the requirements. She explained that a condition can be placed to require this. Nelson said the height request does meet code and the setback was not compliant in Versions prior to 4 but the setback has been provided in Version 5. Gonzalez said this has become an opinion of the interpretation of the UDC and the 650 citizen comments and concerns. Gonzalez asked if Version 5 provides all residential units with permanent parking, Nelson confirmed and said site development would be the next step, with building standards after that. Councilmember Hesser asked if there are restrictions to the applicant reapplying. City Attorney, Charlie McNabb, said the applicant could reapply in 180 days or 6 months. Hesser asked if that could be waived tonight, since a better understanding has been reached tonight. McNabb said there is not a provision for a waiver. He Page 51 of 437 noted that it could be referred back to HARC for further input. He explained that if Council upheld HARCs decision the 180 days would need to be followed. Morgan asked if the Council could delay the vote and McNabb confirmed. Fought reviewed his original motion. He had made a motion, second by Hesser, to approve the appeal from denial of the application for a certificate of appropriateness four a four story mixed used building at 204 E. 8th Street further clarified to be Version 5. Amended motion by Gonzalez, second by Fought, to add a provision for onsite parking that meets the residential component of the UDC requirements. Amended Motion Approved: 7-0 Councilmember Eby said she respectfully disagrees with staff. She said she does not believe that the project complies with the code. She explained that HARC was within its purview to deny this application. Eby said the City must presume HARC action to be valid and it is the burden of the applicant to provide sufficient evidence to overturn HARCs action. She said she does not believe there has been the proof of sufficient information provided to overturn HARCs decision. Eby thanked staff for their hard work on this project. Eby said she hopes the applicant has shown more respect to the staff than he has shown to the City Council, and if not, she apologizes on behalf of the Council. Eby told Mr. Visser that he was not appropriate to the governing body. Original motion: Failed: 1-6 (Eby, Nicholson, Hesser, Gipson, Jonrowe and Gonzalez opposed) M. Public Hearing and First Reading of an Ordinance to rezone approximately 72 acres in the Low BC Survey, located at 250 Westinghouse Drive from Business Park (BP) District to a Planned Unit Development (PUD) District -- Sofia Nelson, Planning Director (action required) Planning Director, Sofia Nelson, spoke on a rezoning request for property located at 250 Westinghouse Drive. She provided a location map, future land use map and a zoning map. Nelson provided a map of varying zones in the PUD Development Proposal and described each zone. She also provided a Table of Development Density. Page 52 of 437 Nelson noted that the Planning & Zoning Commission had unanimously recommended approval of the request. Nelson read the caption. Mayor Ross opened the Public Hearing at 9.37 PM. No persons signed up to speak on the item. Mayor Ross closed the Public Hearing at 9.37 PM. Motion by Nicholson, second by Gipson, to approve Item M. Jonrowe asked about height limitations in C3 and if it was 60 feet and would apply to multifamily as well. Nelson confirmed and said that the maximum height for zones C & D is 80 feet and is traditionally commercial. She explained that this is a PUD and that is why it would be allowed. Jonrowe asked what the developer would be doing in an effort to balance special provisions provided in a PUD. Nelson said the masonry standards and design standards would be higher than normal as well as other commitments in balancing the entitlements. Jonrowe asked about the height requirements for B. Nelson said it was 45 feet. She explained that buffer yards and setbacks would also be examined. Approved: 7-0 N. Public Hearing and First Reading of an Ordinance Rezoning approximately 31.94 acres in the following subdivisions: Brownstone at the Summit Phase 1, Brownstone at Summit Phase 2 -4, Brownstone at Summit Phase 5-6, a portion of lot 4 block "A" lots 1,2,3,5,6 in the Rivery Park Subdivision II and Lot 2 Block "A" in the Page 53 of 437 Rivery Park Subdivision, located at 1500 Rivery Blvd to amend the Summit at Rivery Park Planned Unit Development (PUD) District -- Sofia Nelson, CNU-A Planning Director (action required) Planning Director, Sofia Nelson, spoke on a rezoning request for property located at 1500 Rivery Blvd. She explained that the applicant is requesting two types of amendments and the first amendment relates to the areas depicted as Zone B - the land bounded by Rivery Boulevard, the extension of Wolf Ranch Parkway, Woodlawn Avenue, and Hersey Avenue. Nelson said the plan for this area is to develop an urban residential and retail mixed-use building between Wolf Ranch Parkway and Hershey Avenue, along with a structured parking garage. She explained that the current PUD does not allow for multi-family on the first floor (within the designated Zone B) or more than 75% of the total usable area of the buildings. Nelson noted that this amendment proposes to allow 30 units of residential on the first floor and a maximum of 90% of the building space for residential. Nelson said that the second amendment relates to requirements for signage. She said the monument signs long- proposed for this development have been designed and the total height of the proposed stone structure exceeds the 8-foot limitation previously approved for the project. Nelson explained that as the development has matured, now is the time to provide cohesive architectural branding elements to the site. She said these monument features do contain signage but are designed to be site elements focused on the Summit brand and do not include tenant identification. Nelson said the one exception is a blade sign on two of the monuments for the Sheraton Hotel and Conference Center, which will need identification on Rivery Blvd when the Zone B building is erected and the view of the Hotel from Rivery Blvd is blocked. Nelson provided the overview of the presentation and a location map, future land use map and zoning map. The project history was provided, as well as the PUD components. Page 54 of 437 Nelson described the development zones in detail, as follows. Nelson explained that in 2013, as part of the 4threvision, the development zones were further refined. She gave the following descriptions of the zones. Zone A consists of approximately 8.190 acres of land described as Block H of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B”. Zone A consists of the southern one-third of the land comprising the Property and is the development zone closest in proximity to Interstate 35. Zone A is separated from the Page 55 of 437 remainder of the land comprising the Property by the proposed new Woodlawn and Hershey Avenues. Zone A shall be designed and developed for multifamily residential development. A site plan for the multifamily residential development was submitted on 09/27/2013 (SP-2013-022). Zone B1 consists of approximately 4.196 acres of land described as Block F of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B”. Zone B1 consists of the rear, central portion of the land comprising the Property and is separated from Zone A by the existing access road and easement to Rivery Park and is generally separated from Zone C by the proposed new Hintz Road. Zone B1 is separated from Zones B2 and B3 by the proposed new Woodlawn Avenue. Zone B1 shall be designed and developed for a hotel with at least 221 rooms, a conference center including a ballroom comprised of at least 16,000 square feet, and a multilevel aboveground public parking garage containing at least 336 parking spaces. A site plan for the Hotel/Conference Center/Parking Garage was submitted on 06/05/2013 (SP-2013-009). Zone B2 consists of approximately 2.433 acres of land and is generally depicted as Block E of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B.” Zone B2 is separated from Zone B1 by the proposed new Woodlawn Avenue and Zone B3 by the proposed extension of Wolf Ranch Parkway and is generally separated from Zone C by the proposed new Hintz Road. Zone B2 shall be designed and developed for mixed residential and commercial use and associated parking. Zone B3 consists of approximately 3.021 acres of land and is generally depicted as Block G of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B.” Zone B3 is generally separated from Zones B1 by the proposed new Woodlawn Avenue and Zone B2 by the proposed extension of Wolf Ranch Parkway and is segmented from Zone A by the proposed new Woodlawn and Hershey Avenues. Zone B3 shall be designed and developed for mixed residential and commercial use and associated surface parking. Zone C consists of approximately 11.0 acres of land and is generally depicted as Phases 1-4 of the Brownstone at the Summit, and Block A of Phase 5 and Phases 6-12 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B”. Zone C represents the northern remainder of land comprising the Property and is generally described as the land north of Hintz Road to the eastern edge of the Property. Zone C shall be designed and developed for Brownstone Single Family Residential Development. The following uses shall be the only allowed uses of the Property: (a) Zone A – Multi-family residential development; (b) Zone B1 – Hotels and Conference/Event Centers, if in conformance with all applicable provisions of this PUD and all written agreements between the City and the owner of the Property in the PUD pertaining to same; (c) Zones B2 and B3 –Limited Service Hotel and/or residential uses, if located on the second floor or above (prohibited on the ground floor). If residential 5 uses are located on the first floor, the units shall be constructed to commercial construction specifications to allow for potential future conversion to nonresidential use. (d) Zone C – Brownstone Residential Development, if in conformance with Section 6 of this PUD; (e) Notwithstanding the foregoing, in addition to the uses set forth and permitted in (a)-(d) above, any Zone can include the following allowable uses– (1) Restaurant (no drive-thru); (2) Bar, tavern or pub; (3) General office (upper-story only); (3)(4) Medical facilities; (4)(5) General retail; (5)(6) Personal services; and (6)(7) Parking garages Nelson provided renderings of the proposed project and the proposed signage. She noted that the Planning & Zoning Commission had unanimously recommended approval of the request. Nelson read the caption Mayor Ross opened the Public Hearing at 9.46 PM. No persons signed up to speak on the item. Mayor Ross closed the Public Hearing at 9.46 PM. Motion by Gonzalez, second by Fought, to approve Item N. Approved: 7-0 Page 56 of 437 O. Consideration and possible action to authorize the City Manager to decline the Preserved Open Space offer in connection with Oaks at San Gabriel Subdivision -- Kimberly Garrett, Parks and Recreation Director Kimberly Garrett, Parks and Recreation Director, spoke on the preserved open space offer in connection with the Oaks at San Gabriel subdivision. She said there is a 99 acres tract of preserved open space currently owned by the developer. She explained that, per the agreement, the developer must give the City the first right of refusal. If the City declines the offer, the owner proposed that the land be transferred to the Oaks at San Gabriel subdivision HOA. Garrett explained that any park improvements would not adequately serve the general public. She said the property is outside of the city limits and it is possible that it would never be annexed into the City. She said the open space is in the back of the property, without easy public access. Garrett said it would not be possible to connect trails to the City’s trail system. Garrett explained that the City would not benefit from the space. Garrett read the caption. Motion by Nicholson, second by Hesser, to approve Item O. Councilmember Jonrowe asked if the development’s HOA would preserve the area, or if they could develop it. Garrett said there is a covenant in the agreement that requires it to remain as open space. Approved: 7-0 P. First Reading of an Ordinance of the City of Georgetown amending the Code of Ordinances of the City of Georgetown by adding Chapter 12.02 Entitled “Network Nodes in the Public Right-Of-Way,” relating to the deployment of network nodes and node support poles in the Right-Of-Way by network providers in accordance with Texas Local Government Code Chapter 284; repealing conflicting ordinances and resolutions; providing a severability clause; providing for publication and setting an effective date -- Glenn W. Dishong, Utilities Director (action required) Utility Director, Glenn Dishong, spoke on network nodes in the public right of way. He said that he had provided a detailed workshop presentation on this subject at the last workshop meeting on December 12, 2017. Dishong said that the design manual and ordinance have been developed, according with the local government code. He noted that districts have been designated, allowing the City to require concealment of the devices. Dishong said application requirements, timelines and ongoing right of way lease rates have been established. He said the design manual provides location preference. He explained that the first priority is between poles on the existing communication lines, then utility service poles, then the utility poles themselves, then other municipal service poles such as street lights, and lastly self-standing node port poles. Dishong read the caption Motion by Jonrowe, second by Nicholson, to approve Item P. Jonrowe asked about the fees. Dishong said there will be a per node fee. Jonrowe asked where the revenue would go. Dishong said the right of way revenue would go to the general fund and electric pole revenue to the electric utility. Approved: 7-0 Q. Second Reading of an Ordinance amending the FY2018 Annual Budget due to conditions that resulted in new program requirements in the current year, and excess fund balance at the end of FY2017 due to the timing of capital projects and other expenditures approved in the prior year; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Paul Diaz, Budget Manager (action required) Budget Manager, Paul Diaz, spoke on an ordinance to amend the FY2018 Annual Budget. He said the specific details of the amendment had been presented in a prior workshop meeting and the first reading on December 12, 2017. Diaz read the caption. Page 57 of 437 Motion by Eby, second by Nicholson, to approve Item Q. Approved: 7-0 R. First Reading of an Ordinance restricting vehicular traffic and closing the intersection of Majestic Oak Lane and Apache Mountain Lane in the Sun City Subdivision, in the City of Georgetown, Texas – Rachael Jonrowe, Councilmember District 6 Rachael Jonrowe, Councilmember District 6, spoke on restricting vehicular traffic and closing the intersection of Majestic Oak Land and Apache Mountain Lane. Mayor Ross explained that the ordinance would be read in its entirety because it had not been notified in the local newspaper for a period of at least 72 hours prior to this meeting. City Attorney, Charlie McNabb, said if the City closes a street it is a private street. He explained that it would essentially be a gated street and that the city could gate a private street, but not in a residential area. McNabb explained that if this item were to be approved, it would be necessary to amend the UDC. Jonrowe read the entire ordinance, as required. Motion by Jonrowe, second by Eby to approve item R. Persons signed up to speak on Item R included: Peter Rauch, Mike Lynch, Karen Arnold, Amitt Bhasar, Minda George, Marshall Friedman, Cheryl Thompson, Aleta Key, Dee Dee Grierson, Kathy Powers, Rich Barbee, Irene Benetar, Curt Williams, Debbie Einem, Terri Eppinger, John Ryan, Jean Ann Rieder, Donna Betts, Terry Rieder, Lori Kedroski, Chuck Betts. Comments and concerns voiced included: Safety issues in Neighborhood 51 Restriction of truck traffic has done little to reduce commercial traffic Signs too small for drivers to notice Fine is only a deterrent if it is monitored Little to no monitoring Route cannot be removed from GPS unless closed If road closed to all but emergency it can be removed from GPA Irritation of drivers has led to increases in speed Property values and quality of life a problem Road closure would solve the problems Rocky Hollow and 245 is a much safer route Only adds 60 seconds to access to Williams Drive Multiple traffic counts continue to trend upward An up or down vote does not solve the problem, just moves from one side to another Takes 2 full days out of his year not open Read section 12.05.020 of the UDC regarding street connections 10,000 lots in Sun City 500 requires 7 exits and there are currently only 4 If this is closed, there will only be 3 Unsafe in emergencies Did not take Commissioner Covey up on solutions with sidewalks etc. Applaud Council on their dealings with growth Closing a road in a growth period does not make sense Challenge the ordinance language of “deemed unsafe” Should be predicated on accidents etc., which has not been a problem Told when wanted to buy in Woodland Park that the road would be connected This information was on record and some did not do their due diligence to see it If you deem the road unsafe, then move Needs to be based on empirical data Not safe in own neighborhood Must protect our senior citizens Safety concerns of greater importance than through traffic Developer built the streets, not your taxes Cutting through at double the road capacity Must have consideration for neighbors in neighborhood 51 Page 58 of 437 Pulte saved millions of dollars by making Pedernales a cul-de-sac 1666 traffic count on East Apache Mountain Lane Randalls will increase the traffic Being deceived Apache Mountain Lane is being punished for Pulte, Del Web and Georgetown poor planning Insure safety of all home owners 800 cars per day should be the limit Manipulation of the law is not acceptable Traffic count is 2 times the allowance Right or wrong without political thought Information from packet provided to council – read timeline 6 times more traffic when open than when closed Traffic increase of 500% in just over a year Documented proof that counts have been manipulated Staff agreements have been lost and not followed Real estate agent performed an analysis that proves the homes have lesser values than other neighborhoods If there is a traffic issue it should get resolved but you cannot close the road Are you going to close Williams Drive because of too much traffic? Must have mutual respect for fellow citizens Drivers have disregard for the safety of others Engineers did not intend these roads to be used as main thorough fares Reached out to author of ordinance without any response Ordinance as written says the intersection is unsafe – not factual Three dead-end streets according to ordinance People should have done their due diligence Councilmember Hesser said he would like to hear from staff and would like to know the plan to address the situation. General Manager of Utilities, Jim Briggs, spoke. He said the plan is still the same as previously discussed at various times. He noted the recent ordinance approval to limit truck traffic through the intersection. Briggs said that the direction from Council had been to limit the traffic. He noted that commercial traffic and lawn care services access was eliminated with the recent ordinance. Briggs said the plan is to mitigate the traffic. He said that he does not disagree with the traffic counts and the speed study. He said that 85% of the traffic is driving at or below 30 mph. Briggs said recent discussion had been to wait until Randalls opened to take counts so that an accurate number of the increases could be attained and then determine what needs to be done. Councilmember Hesser said commercial traffic has dropped. Hesser said he agrees that a traffic count should be taken after Randalls opens and then a solution will be proposed. Hesser said there had been a planning error and the solution belongs with staff. Briggs said it has been a challenging situation. He spoke of structurally putting limitations, where people would want to choose a different route. He said the original emergency connection was on Pedernales and this was put in because the development needed more connectivity. Hesser asked how many trucks have been ticketed since the through truck traffic ordinance was passed. Police Chief, Wayne Nero, said that targeted enforcement has been put in place. He said it is a complicated issue when GPS is instructing traffic to go that way. Nero said many, many people are frustrated. He explained that the issue has 2 different camps and you cannot make everyone happy. Amended motion by Hesser, second by Fought, to bring this back to Council at the first meeting in July. Councilmember Nicholson asked Briggs if there would be a significant difference by waiting. Briggs said there will be a significant difference in traffic counts when Randall’s opens. He explained that this is the perception but the City does not have criteria yet. He said there would be more known if they waited until July. Councilmember Nicholson asked about GPS. Briggs said, if the road is closed, it would not be used by GPS navigation, but would still show up on maps. Gonzalez said the question is if a road, any road, had too much traffic, would the City close the road. Gonzalez asked how many closed roads would there be with this philosophy. He noted that traffic will use the road. Gonzalez said he does not want to put off the item to keep counting. He said either close the road or not. Gipson spoke on right and wrong. He said he is not a politician. He said now that Briggs has said that Randall’s will increase the traffic counts even more, why wait? He said there is no need for further delay. Gipson said there has been uncertainty to do what we say we are going to do. He said make a plan and stick with it. Gipson asked Page 59 of 437 McNabb about the ordinance changes necessary. McNabb explained that the City ordinance does not allow the closure of roads. He said cost would need to be looked at, as well. McNabb said the Police Chief and Fire Chief will need to be involved regarding emergency access, also. He said many time you solve one problem and create two. Hesser said he picked July for normalcy, but would not be opposed to an earlier date. Mayor Ross said today will always be the lowest numbers, because they will continue to increase. He instructed Council to make a policy decision. Councilmember Eby said one should choose safety over convenience. She said she is concerned with an up or down vote of permanently closing the road and there are consequences that need be considered. She said she is also comfortable with kicking the issue down the road, but has appreciation for Councilmember Hesser trying to find solutions. Eby suggested a possible temporary closure again, until staff could examine better solutions. Mayor Ross said it could be brought back sooner than July. He said the traffic is substantial and will continue to increase. Vote for the amended motion to wait until July: Failed: 2-5 (Eby, Nicholson, Gipson, Jonrowe, Gonzalez opposed) Jonrowe read Section 4 of the proposed ordinance regarding closure to all but emergency vehicles and spoke on solutions within 180 days. Ross said 180 days is a long time. City Manager, Morgan, said the competitive bidding process will take 6 months and he would estimate the cost to be over $50,000.00. Councilmember Fought said to be careful of precedence being set by calling this one of the busiest streets. He explained that Whispering Wind has 3 times the traffic of Apache Mountain and also mentioned Texas Drive. Fought set a timer to demonstrate the duration of every 30 seconds. Gonzalez asked Briggs how many roads in residential communities have traffic counts of more than 1,000 trips. Briggs said he does not know right now but does have related information that he can share later. Fought said he wished this road had never been opened and the City must make sure this doesn’t happen again. He said these things need to be thought out. Jonrowe thanked everyone and said she was impressed with the people’s preparation. She spoke on this request being first and foremost about public safety. She said her record on this issue has been consistent. She asked Councilmembers to take final action regarding the connection created between Sun City and Woodland Park. She said there has been a disservice done from at least 2013, and read a list of missed opportunities for solutions to the issue. Jonrowe said that Council needs to right a historic wrong. She suggested making a decision based on right vs. wrong. Eby said she is confused regarding the discussion of the time frame in the ordinance. She asked if the item was approved, if that would provide the time frame needed for policy discussion. Mayor Ross confirmed. Original motion: Approved: 4-3 (Hesser, Fought, Gonzalez opposed) Mayor Ross thanked the audience for their courtesy and respect shown. Project Updates S. Project updates and status reports regarding current and future transportation and traffic project; street, sidewalk, and other infrastructure projects; police, fire and other public safety projects; economic development projects; city facility projects; and downtown projects including parking enhancements, city lease agreements, sanitation services, and possible direction to city staff -- David Morgan, City Manager Mayor Ross asked the City Manager, David Morgan, if he had any project updates to share. Morgan said that he did not have any updates at this time. Page 60 of 437 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. T. At the time of posting, no persons had signed up to address the City Council 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 Sec. 551.072 Deliberations about Real Property - Fire Station 7 Site Consideration Sec. 551:074: Personnel Matters City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal Sec. 551:087: Deliberation Regarding Economic Development Negotiations - Project Fish - Project Ollie - Project Pilates Adjournment Motion by Fought, second by Hesser, to adjourn the meeting. Mayor Ross adjourned the meeting at 11.30 PM. _______________________________________________________________________________________________________ Approved by the Georgetown City Council on _______________________________________ Date _____________________________ _____________________________ Dale Ross, Mayor Attest: City Secretary Page 61 of 437 Minutes of a Special Meeting of the Governing Body of the City of Georgetown, Texas January 12, 2018 The Georgetown City Council will meet on Friday, January 12, 2018 at 10:00 AM at the Randall’s Grocery Store in Georgetown, Texas, 5721 Williams Drive. The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) Some City Councilmembers attended the Grand Opening of Randall’s Georgetown. NO ACTION WAS TAKEN ____________________________________________________________________________________________________ Approved by the Georgetown City Council on _____________________________ Date _____________________________ _____________________________ Dale Ross, Mayor Attest: City Secretary Page 62 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to approve a Resolution o rderi ng a G eneral El ecti o n to be held on May 5, 201 8 fo r Ci ty Counci l Me mbers for Di stri ct 1 and Di str i c t 5 -- Shelley Nowling, City Secretary ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: ATTACHMENT S: Description Res o lutio n Ordering the May 5, 2018 General Elec tion Exhib it A - Bo und aries of District 1 - Map Exhib it B - Boundaries o f Dis tric t 5 - Map Exhib it C - City Counc il All Districts Map Page 63 of 437 Resolution No.: _____________________ Page 1 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A GENERAL ELECTION FOR THE ELECTION OF CITY COUNCIL MEMBERS FOR COUNCIL DISTRICTS 1 AND 5 TO BE HELD ON MAY 5, 2018, ORDERING A RUN-OFF ELECTION, IF NECESSARY, AND ESTABLISHING PROCEDURES FOR SAID ELECTIONS. WHEREAS, the City Council is composed of a Mayor and seven Council Members per Article II of the City Charter; and WHEREAS, the Mayor is elected at large and the Council members are elected from single-member districts; and WHEREAS, the Mayor and Council members serve three year terms; and WHEREAS, the Mayor and Council members are composed of the following individuals with terms as delineated as follows: OFFICE DATE THAT TERM EXPIRES MAYOR DALE ROSS MAY 2020 DISTRICT 1 COUNCIL MEMBER EBY MAY 2018 DISTRICT 2 COUNCIL MEMBER NICHOLSON MAY 2020 DISTRICT 3 COUNCIL MEMBER HESSER MAY 2019 DISTRICT 4 COUNCIL MEMBER FOUGHT MAY 2019 DISTRICT 5 COUNCIL MEMBER GIPSON MAY 2018 DISTRICT 6 COUNCIL MEMBER JONROWE MAY 2020 DISTRICT 7 COUNCIL MEMBER GONZALEZ MAY 2019 Page 64 of 437 Resolution No.: _____________________ Page 2 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that on Saturday, May 5, 2018, there shall be a General Election at which shall be elected the following officials for this City: Two (2) Members of the Georgetown City Council: Councilmembers from each of Districts 1 and 5; and WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a Resolution should be passed establishing the procedure to be followed in said election and designating the voting places for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. VERIFICATION OF FACTS 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. CANDIDATES This general election shall be held to elect the Council Members for City of Georgetown Single-Member Districts 1 and 5. The boundaries for Single-Member Districts 1 and 5 have been updated to include newly annexed lands. Maps showing the updated boundaries are attached hereto as Exhibits “A” and “B”. An updated map of the entire area within the city limits (showing the boundaries of all of the council districts) is attached hereto as Exhibit “C“. These maps are hereby adopted as the Official Council District Maps and shall determine the qualification of the candidates to serve and shall govern the qualification of the voters to vote in said election. SECTION 3. CANDIDATE APPLICATION DEADLINE AND ORDER OF NAMES ON BALLOT All candidates for the election to be held on the first Saturday in May, 2018, for the Council Members for Districts 1 and 5 shall file their applications with the City Secretary at the City Hall, 113 E. 8th Street, Georgetown, Texas, on or before 5:00 p.m. on Friday, February 16, 2018. Page 65 of 437 Resolution No.: _____________________ Page 3 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing held by the City Secretary on Friday, February 23, 2017, at 4:00 p.m. in the Main Floor Foyer at City Hall, 113 E. 8th Street, Georgetown, Texas. SECTION 4. POSSIBLE RUN-OFF ELECTION As provided in the City Charter, in the event that no candidate can be declared the winner in any or all of the individual races to be conducted in the General Election, a runoff election shall be held not earlier than 20 days nor later than 45 days after the date of the Final Canvass of the May 5, 2018 Election. If necessary, the period for the Run-Off Election would be scheduled between May 28, 2018 and June 30, 2018. In such a Runoff Election, the candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again, and the candidate who receives the majority of the votes cast for each such office in the Runoff Election shall be elected to such office. SECTION 5. OPTICAL SCAN BALLOTS Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code, and there shall be at least one disabled-access voting device, such as a Direct Recording Electronic (DRE) machine at each polling place. SECTION 6. CONDUCT OF ELECTION Pursuant to Subchapter D of Chapter 31 of the Texas Election Code, the City Council is further ordering that this General Election and possible Runoff Election be conducted under the terms and conditions of a Joint Election Agreement and Contract for Election Services (“Joint Election Agreement”) between the City of Georgetown and Williamson County. Chapter 31, Subchapter D of the Texas Election Code provides that a city may contract with the County Elections Officer for election services if the city is located in whole or in part in the county. In addition, this will be a joint election conducted with other entities that will also hold an election on May 5, 2018 pursuant to the Joint Election Agreement. As authorized by Chapter 31, Subchapter D of the Texas Election Code, the Georgetown City Council hereby appoints the Williamson County Elections Administrator, Christopher J. Davis, 301 Inner Loop, Suite 104, Georgetown, Texas 78626, as the election Page 66 of 437 Resolution No.: _____________________ Page 4 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 officer for the purpose of conducting the May 5, 2018 General Election. This appointment includes services as Early Voting Clerk for the Election, Counting Station Manager, Presiding Judge of the Central Counting Station, Alternate Judge and Tabulation Supervisor. In addition and in accordance with Chapter 66 and Chapter 31 of the Texas Election Code, the City Council hereby appoints Williamson County Elections Administrator, Christopher J. Davis, as agent for the Custodian of Records (“Agent”) for the May 5, 2018 General Election for the purpose of preserving voted ballots and other election records as required by the Texas Election Code. SECTION 7. EARLY VOTING Early Voting by Personal Appearance shall take place at the locations and times delineated by the Williamson County Election Administrator per the Joint Election Agreement beginning on the 12th day preceding the date of the election, which is Monday, April 23, 2018, and ending on the fourth day before Election Day, which is Tuesday, May 1, 2018. In the event of a Runoff Election, Early Voting by Personal Appearance shall take place at the locations and times delineated by the Williamson County Elections Administrator per the Joint Election Agreement. If the Elections Administrator plans to change any of the polling locations or the dates and times, he shall timely notify the City of Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. SECTION 8. ELECTION DAY VOTING Election Day Voting shall take place from 7:00 a.m. to 7:00 p.m. at the locations delineated by the Williamson County Election Administrator per the Joint Election Agreement. If the Elections Administrator plans to change any of the polling locations or the times, he/she shall timely notify the City of Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. In the event of a Runoff Election, the Georgetown Election Day voting locations will be as delineated by the Williamson County Elections Administrator per the Joint Election Page 67 of 437 Resolution No.: _____________________ Page 5 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 Agreement. If the Elections Administrator plans to change any of the polling locations or times, he/she shall timely notify the City of Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. SECTION 9. ELECTION INFORMATION TO BE PROVIDED IN SPANISH The Mayor and all other election officers appointed by the City Council as being responsible for the preparation of notices, instructions, orders, ballots, and other written material pertaining to the General Election shall cause each such document to be translated into and furnished to voters in both the English language and the Spanish language in order to aid and assist voters speaking Spanish as a primary or an alternative language to properly participate in the election process. In addition, the Mayor and other responsible election officers are hereby authorized and directed to make available to the voters having the need of an individual capable of acting as a translator and speaking both English and Spanish languages who will assist Spanish speaking voters in understanding and participating in the election process. SECTION 10. CANVASSING OF RETURNS; DECLARING RESULTS The Williamson County Elections Administrator, as Georgetown’s designated election officer, shall provide the written return of the Election results to the City of Georgetown in accordance with the Texas Election Code. The City Council shall canvass the returns on a date and time set by the Mayor between the dates of May 8, 2018 and May 16, 2018 and declare the results of the General Election in accordance with the Texas Election Code Section 67.003(b), which provides that for elections held on the uniform election date in May, the following provisions apply: For an election held on the uniform election date in May, the local canvass must occur not later than the 11th day after Election Day and not earlier than: (1) the third day after election day; (2) the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or (3) the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. Page 68 of 437 Resolution No.: _____________________ Page 6 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 SECTION 11. NOTICE OF ELECTION Notice of the General Election shall be published at least one time in the English and Spanish languages, in a newspaper published within Georgetown’s territory at least 10 days and no more than 30 days before the General Election and as otherwise may be required by the Texas Election Code. Notice of the General Election shall also be posted on the bulletin board used by the City Council to post notices of its City Council meetings no later than the 21st day before the General Election. SECTION 12. AUTHORIZATION TO EXECUTE The Mayor of the City of Georgetown is authorized to execute and the City Secretary is authorized to attest to the Order on behalf of the City Council; and the Mayor is further authorized to do all other things legal and necessary in connection with the holding and consummation of the General Election which includes the giving of and the publication of the Notice of Election to be in a form as to be approved by the City Attorney. SECTION 13. PREAMBLE TRUE AND CORRECT The facts and recitations contained in the preamble of this resolution are hereby found to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. SECTION 14. EFFECTIVE DATE This Resolution shall be effective immediately upon its approval. PASSED AND APPROVED this 23 day of January, 2018 by the City Council of the City of Georgetown. ATTEST: THE CITY OF GEORGETOWN: ___________________________ _____________________________________ Shelley Nowling, City Secretary By: Dale Ross, Mayor Page 69 of 437 Resolution No.: _____________________ Page 7 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 APPROVED AS TO FORM: ___________________________ Charlie McNabb, City Attorney Page 70 of 437 Resolution No.: _____________________ Page 8 of 8 Ordering a General Election on May 5, 2018 for Council Members Districts 1 and 5 Date Adopted: January 23, 2018 Exhibit List: Exhibit A Boundaries of Council District 1 Exhibit B Boundaries of Council District 5 Exhibit C Boundaries of all Council Districts Page 71 of 437 S E I N N E R L O O P W E S T I N G H O U S E R D S O UT H W E S T E R N B LVD BLUE S P RINGS BLV D M A P L E S T E U N I V E R S I T Y A V E L E A N D E R R D U N I V E R S I T Y B L VD FM 14 6 0 W U N I VE R S I T Y AV E S AUSTIN AVE H U T T O R D S A U S T IN AV E SOUTHWESTERN BLVD §¨¦35 §¨¦35 0 10.5 Miles ± Exhibit A: City Council District 1 City Council District 1 All Other Council Districts City Lim its Page 72 of 437 B O O T Y S C ROSSING RD N IH 35 LAKEWAYDR DEL WEBBBLVD NOR T H W E S T B L V D SERENADA D R T EXAS D R T EX A S DR R I V ERY B L V D WHIS P E R I N G W IND D R B E R R Y CREEK DR S H E L L R D WIL LIA M S D R A I R P O R T R D N AUSTIN AVE L O G A N R A N C H R D SA N A LO M A D R S U N CIT Y B L V D S H 1 9 5 NE INNER LOOP WILLIAMS DR SU N C I T Y B L V D §¨¦35 §¨¦35 ")SPUR158 0 10.5 Miles ± Exh ibit B: City Council District 5 City Council District 5 All Other Council Districts City Lim its Page 73 of 437 R M 1 4 3 1 F M 1 4 6 0 B O O T Y S C R O SSINGRD SU N C I T Y B L V D WILLIAMSDR N A W G R I M E S BLVD E W HITE S T O N E B L V D L E A N D E R R D U NIV E R S I T Y B L V D S A M H O U S T O N A V E S H E L L R D LIM M E R LO O P NAUSTINAVE L A K E W A Y DR W UNIVERSITY AV E SAUSTINAV E SAMBASSRD F M 9 7 1 C R 1 0 5 E U N I V E R S I T Y A V E S U N R I S E R D E O L D S E TTLER S B LV D CR 1 7 5 U S 7 9 W E S T I N G H O U S E R D C R 1 1 2 R M 2 3 3 8 N E INNER LOOP C R 1 1 0 N R E D B UD L N D E L WEBB B L V D D B W O O D R D P A T R I O T WAY B E L L G I N R D R O C K R I D E L N S O U TH WESTERN B L V D S E I N N E R L O O P R O N A L D W R E A G A N B L V D R O N A L D W R E A G A N B L V D C R 2 4 1 R O N A L D W R E A G A N B L V D 0 31.5 Miles ± Exhibit C: All City Council Districts City Limits District 1 District 2 District 3 District 4 District 5 District 6 District 7 Page 74 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible actio n to appro ve a Resolution confi rmi ng the appoi ntment o f Lui s Zamot to the Fi re Fi ghters and P ol i ce Offi cers' Ci vi l Servi ce Commi ssi o n for a 3 year term -- Ellio tt Harper, Human Reso urc e s Generalist and David Mo rgan, City Manager ITEM SUMMARY: The City of Georgetown held elections on Nove mber 5, 20 02 and No vember 2, 2004, respectively for the purpo se of seeking voter response to the propositio ns of "the adoption of the firefighters' civil servic e law" and "the ado ption o f the police o fficers' civil servic e law." The voters approve d both propositions and pursuant to state law, the City of Georgetown has adopted Chapter 143 of the State Go vernment Code. The Fire Fighters' and Police Officers' Civil Service Co mmission consists of three (3 ) members appointed by the City Manager and confirmed by the City Council. The Fire Fighters' and Police Officers' Civil Service Commission overse e s the hiring and promotion process and se rves as a disciplinary appe al board for Civil Service employees in the George to wn Fire and Police Departments. The minimum requirements for consideration of appointment are as follows: Resident o f Georgetown for more than three years Must be at least 25 years of age Must not have held public office in the past three years Mr. Zamot was appo inte d to the Commission o n January 10th, 2017 to fill the unexpired term of an e xiting Commissioner. This appo intment ended on Dece mber 3 1st, 2 017. This reappointment will be Mr. Zamot's first full three year term on the Commissio n. FINANCIAL IMPACT: None SUBMITTED BY: E. Harper ATTACHMENT S: Description L. Zamot Civil S ervic e Appointment Resolutio n Texas Loc al G o vernment Co d e pertatining to Civil S ervic e Co mmis s io n Implementatio n L Zamot Sub mitted Applic ation for Civil Servic e Commission Page 75 of 437 Resolution No. _____________ Page 1 of 2 Appointment of Luis Zamot to the Civil Service Commission Date Approved: January 23, 2018 RESOLUTION NO. ____________ A Resolution of the City Council of the City of Georgetown, Texas confirming the appointment of Luis Zamot to the Fire Fighters' and Police Officers' Civil Service Commission; and establishing an effective date. WHEREAS, The City of Georgetown held elections on November 5, 2002 and November 2, 2004, respectively for the purpose of seeking voter response to the propositions of “the adoption of the firefighters’ civil service law” and “the adoption of the police officers’ civil service law; and WHEREAS, the voters approved both propositions and pursuant to state law, the City of Georgetown has adopted Chapter 143 of the State Government Code establishing the Fire Fighters' and Police Officers' Civil Service Commission; and WHEREAS, Chapter 143 of the Texas Local Government Code provides that the Civil Service Commission shall consist of three (3) members appointed by the city’s chief executive and confirmed by the City Council; and WHEREAS The Civil Service Commission will oversee the hiring and promotion process and serve as a disciplinary appeal board for civil service employees in the Georgetown Fire and Police Departments, and perform such other duties as set forth in Chapter 143 of the Texas Local Government Code; and WHEREAS, the City Council desires to appoint Luis Zamot to fill a three (3) year term on the Firefighters’ and Police Officers’ Civil Service Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. Findings. 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: Luis Zamot is hereby appointed to fill a three (3) year term on the City’s Firefighters’ and Police Officers’ Civil Service Commission that will expire on December 31, 2020. Page 76 of 437 Resolution No. _____________ Page 2 of 2 Appointment of Luis Zamot to the Civil Service Commission Date Approved: January 23, 2018 SECTION 3: This Resolution shall be effective immediately upon its approval. RESOLVED this 23rd day of January, 2018. APPROVED: ATTEST: Dale Ross Shelley Nowling Mayor City Secretary APPROVED AS TO FORM: Charlie McNabb City Attorney Page 77 of 437 Sec. 143.006. IMPLEMENTATION: COMMISSION. (a) On adoption of this chapter, the Fire Fighters' and Police Officers' Civil Service Commission is established in the municipality. The chief executive of the municipality shall appoint the members of the commission within 60 days after the date this chapter is adopted. Within 30 days after the date the municipality's first full fiscal year begins after the date of the adoption election, the governing body of the municipality shall implement this chapter. (b) The commission consists of three members appointed by the municipality's chief executive and confirmed by the governing body of the municipality. Members serve staggered three-year terms with the term of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. (c) A person appointed to the commission must: (1) be of good moral character; (2) be a United States citizen; (3) be a resident of the municipality who has resided in the municipality for more than three years; (4) be over 25 years of age; and (5) not have held a public office within the preceding three years. (c-1) Notwithstanding Subsection (c)(5), the municipality's chief executive may reappoint a commission member to consecutive terms. A commission member may not be reappointed to more than a third consecutive term unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by a two-thirds majority of all the members of the municipality's governing body. (c-2) Subsection (c)(5) does not prohibit the municipality's chief executive from appointing a former commission member to the commission if the only public office Page 78 of 437 held by the former member within the preceding three years is membership on: (1) the commission; or (2) the commission and the municipality's civil service board for employees other than police officers and firefighters through a joint appointment to the commission and board. (c-3) Subsections (c-1) and (c-2) do not apply to a municipality with a population of 1.5 million or more. (d) In making initial appointments, the chief executive shall designate one member to serve a one-year term, one member to serve a two-year term, and one member to serve a three-year term. If a municipality has a civil service commission immediately before this chapter takes effect in that municipality, that civil service commission shall continue as the commission established by this section and shall administer the civil service system as prescribed by this chapter. As the terms of the members of the previously existing commission expire, the chief executive shall appoint members as prescribed by this section. If necessary to create staggered terms as prescribed by this section, the chief executive shall appoint the initial members, required to be appointed under this chapter, to serve terms of less than three years. (e) Initial members shall elect a chairman and a vice- chairman within 10 days after the date all members have qualified. Each January, the members shall elect a chairman and a vice-chairman. (f) The governing body of the municipality shall provide to the commission adequate and suitable office space in which to conduct business. (g) The chief executive of a municipality commits an offense if the chief executive knowingly or intentionally fails to appoint the initial members of the commission within the 60- day period prescribed by Subsection (a). An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Each day after the 60-day period Page 79 of 437 that the chief executive knowingly or intentionally fails to make a required appointment constitutes a separate offense. (h) The chief executive of a municipality or a municipal official commits an offense if the person knowingly or intentionally refuses to implement this chapter or attempts to obstruct the enforcement of this chapter. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2005, 79th Leg., Ch. 475 (H.B. 150), Sec. 1, eff. June 17, 2005. Page 80 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and po ssible action to approve a new permi t vol ume package f o r 20 18 related to the City’s Inter l ocal Agreement for licensing South Ce ntral Planning and Development Co mmission (SCPDC) fo r MyPermi tNow softw are -- Glen Holcomb, Chief Building Official ITEM SUMMARY: The City of Georgetown ente re d into an interlocal agreement (“Agreement”) for licensing with the South Ce ntral P lanning and Developme nt Commission (SCPDC) for MyPermitNo w and MyAddressNow software in 2012. The Agreement stipulates the City will pay SCPDC fo r use o f the software base d upo n an annual number of permits processed (see chart below). The City has been using the 8,001 to 10,000 permit package fo r the past several years. The cost of the software has be e n fully funded by technology fees c ollected. Growth in permit activity as well as the use of MyPermitNo w by o ther departments, suc h as P lanning and Fire, has gro wn year-over-year. In 2 01 7 Building inspections processed 1 0,1 48 permits. In addition with planning and Fire the combined permits that were pro cessed was 10,655 permits. Current volumes and rates can be seen within the ILA. ATTACHMENTS 1. Amount o f pe rmits issued by Building Inspe c tions from 01/01/2017 to 12/31 /2 01 7 2. Interlocal agreement and attachment A FINANCIAL IMPACT: The increase in cost from $45,000 to $51,000, plus a $230/month fee for MyAddre ssNow, will be fully co vered from the technology fee that is collected with each permit. SUBMITTED BY: Glen Holcomb, Chie f Building Official ATTACHMENT S: Description P ermits Is s ued 1.1.2017 - 12.31.2017 ILA - Lic ensing S CP DC S o ftware Page 81 of 437 Page 82 of 437 Page 83 of 437 Page 84 of 437 Page 85 of 437 Page 86 of 437 Page 87 of 437 Page 88 of 437 Page 89 of 437 Page 90 of 437 Page 91 of 437 Page 92 of 437 Page 93 of 437 Page 94 of 437 Page 95 of 437 Page 96 of 437 Page 97 of 437 Page 98 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to approve the pur c hase of ni neteen (19) repl ac e ment rugg edi zed l aptops and associ ated vehi c l e do cks for emergency servi ce vehi cl es from Ingram Technol o gi es LLC for an amount of $79,695.16 -- Chris Bryce, IT Director ITEM SUMMARY: Every year the City replaces roughly 20 -25 % of the Panasonic Toughbooks used by the EMS, Fire and P olice Departments. These are fully rugge d or semi-rugged laptop computers made to withstand the c onditions e xpe rienced by P ublic Safety pe rso nnel. This year 19 computers are being purchased with associated warranties, four vehicle docking statio ns, and seve n de sktop docking stations, at a co st of $79,695.16 In the past four ye ars we have de creased our e xpenses on ruggedized computers through seve ral changes in our purc hasing process. We have mo ved fro m a four year to a five ye ar replacement cycle on the mac hines and have transitio ne d abo ut 35% of the fleet from fully rugged devices to more cost e ffe c tive semi-rugged devices or standard laptops or tablets. Additionally, P anaso nic has seen a major increase in c ompetition in this market which has worked to drive pricing down. Ingram Technologie s LLC is an Austin based rese lle r for Panasonic Toughbooks. All pricing is in ac c ordance with Texas Department of Information Resources contrac t numbers DIR-TSO-2520 FINANCIAL IMPACT: All items were budgeted during the FY 2018 budget process. Expenses in the amount o f $79 ,69 5.16 will be re c orded in account 570-5-06 41 -52 -33 0 (IT Operations – Co mputer Equipment). SUBMITTED BY: Chris Bryce, IT Dire cto r - SP ATTACHMENT S: Description Ingram Tec hnologies LLC Quo te Page 99 of 437 Estimate Date 11/30/2017 Estimate # 1789 Name / Address City of Georgetown(Fire Dept.) Austin Madison Ingram Technologies LLC c/o Scott Ingram PO Box 203324 Austin TX, 78720 Project Thank you Total Description Qty Rate Total TEXAS DIR-TSO-2520 Quote: D-O6UJ9A00459W Rev #: 9 CF-3113-00KM (Public Sec. Bundle) MSRP: $ 6,079.00 Public Sector Specific – Premium Win7(Win10 Pro COA) Intel Core i5-5300U 2.30GHz vPro 13.1" XGA Touch 8GB(4+4) 256GB SSD Intel WiFi a/b/g/n/ac TPM Bluetooth Dual Pass (Upper:WWAN/Lower:Selectable) 4G LTE Multi Carrier (EM7355) GPS Webcam Emissive Backlit Keyboard No DVD Drive Toughbook Preferred CF-SVCPDEP3Y – Toughbook & Toughpad Premier Deployment – Includes Imaging Customer Portal Access Multilocation Shipping and Disk Image Management at the Panasonic National Service Center (Years 1,2,3) CF-SVCLTNF3Y – Protection Plus – Laptop (Years 1 2 &3),CF-SVC256SSD3Y – 256GB SSD – Toughbook No return of defective drive (Years 1,2 & 3) 15 3,599.892 53,998.38T Page 1Page 100 of 437 Estimate Date 11/30/2017 Estimate # 1789 Name / Address City of Georgetown(Fire Dept.) Austin Madison Ingram Technologies LLC c/o Scott Ingram PO Box 203324 Austin TX, 78720 Project Thank you Total Description Qty Rate Total CF-SVCPSY5 MSRP: $645.00 4th and 5th years Public Safety Service Bundle Add on (Year 4 & 5 only). Must be purchased in conjunction with PS bundle base unit. Includes Premier, Protection Plus, Customer Portal, Disk Image Management, HDD No Return. 15 539.986 8,099.79T CF-VEB311U MSRP: $365.00 USB (3), VGA, HDMI, serial (2), RJ-45 (2), microphone, headphone, AC jack, cable lock slot, slide release with key lock 6 309.00 1,854.00T Page 2Page 101 of 437 Estimate Date 11/30/2017 Estimate # 1789 Name / Address City of Georgetown(Fire Dept.) Austin Madison Ingram Technologies LLC c/o Scott Ingram PO Box 203324 Austin TX, 78720 Project Thank you Total Description Qty Rate Total CF-54F5-00KM MSRP $4,439.00 Customer Specific Public Sector -Premium Win7 (Win10 Pro COA) Intel Core i5-6300U 2.40GHz vPro 14.0? FHD Gloved Multi Touch 256GB SSD 8GB(4+4) Intel WiFi a/b/g/n/ac TPM Bluetooth 4G LTE Multi Carrier (EM7355) Dual Pass (Ch1:GPS/Ch2:WWAN) GPS Emissive Backlit Keyboard DVD Multi-drive Webcam Toughbook Preferred,CF-SVCPDEP3Y – Toughbook & Toughpad Premier Deployment – Includes Imaging Customer Portal Access Multilocation Shipping and Disk Image Management at the Panasonic National Service Center (Years 1,2,3) CF-SVCLTNF3Y – Protection Plus – Laptop (Years 1 2 &3),CF-SVC256SSD3Y – 256GB SSD – Toughbook No return of defective drive (Years 1,2 & 3) 4 2,500.0075 10,000.03T CF-SVCPSY5 MSRP: $645.00 4th and 5th years Public Safety Service Bundle Add on (Year 4 & 5 only). Must be purchased in conjunction with PS bundle base unit. Includes Premier, Protection Plus, Customer Portal, Disk Image Management, HDD No Return. 4 539.9775 2,159.91T Page 3Page 102 of 437 Estimate Date 11/30/2017 Estimate # 1789 Name / Address City of Georgetown(Fire Dept.) Austin Madison Ingram Technologies LLC c/o Scott Ingram PO Box 203324 Austin TX, 78720 Project Thank you Total Description Qty Rate Total 7170-0250 MSRP:$1,023.61 Gamber-Johnson Vehicle docking station (no pass) for the Panasonic Toughbook CF-54. Includes External LIND Power Supply.USB 3.0 (2), VGA, HDMI, RJ45, Serial, Keyed lock 4 820.0125 3,280.05T CF-VEB541AU Desktop Port Replicator for CF-54Mk1 1 303.00 303.00T Free Standard Shipping 0.00 0.00 0.00 0.00 Page 4 $79,695.16 Page 103 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to approve an Assi g nment and Assumpti on Ag r e e ment with Westi n Technol ogy Sol uti ons, LLC (WTS) to allow WTS to assume the o bl i g ati on of the exi sti ng c onsul ti ng servi ces contract previously made be tween the City of Georgetown and Westin Engineering, Inc. -- Leticia Zavala, Customer Care Director ITEM SUMMARY: This item seeks City appro val of an Assumption Agre e ment with WTS to assume the responsibility for the remaining term of the existing co nsulting contract for project manage ment and support services fo r the implementation of a Custome r Information System (CIS) currently held by Westin Engineering and approved by Co unc il in May 2016. Westin Enginee ring was acquired in September 2 01 7 by Inflection P oint Solutions (IP S) a subsidiary of the New Resources Companies which focused on providing software so lutions and services fo r the water and wastewater industries. They are headquartered in Milwaukee, Wisco nsin and serve clients thro ughout North America and Canada. Westin Enginee ring was rebranded as Westin Tec hnology Solutions (WTS) in Septe mber 2 01 7. FINANCIAL IMPACT: N/A SUBMITTED BY: Leticia Zavala, Custo mer Care Director (skm) ATTACHMENT S: Description Co ntract Ass ignment s igned Page 104 of 437 Page 105 of 437 Page 106 of 437 Page 107 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to noti fy the Te xas Co mmi ssi on on Envi ronmental Qual i ty (TCEQ) that Georgetown requests no t to be noti ced on the pendi ng appl i cati on of Al amo Co ncrete P roducts rel ated to Certi fi cate of Adjudi cati on 12-3737 and 12-373 9 -- Jim Briggs – General Manager o f Utilities ITEM SUMMARY: The City of Georgetown was notified by represe ntatives of Alamo Concrete P roducts of a request to combine two water rights permits and diversion points along the San Gabriel River. Curre ntly, Alamo Co ncrete P roducts operates a quarry along Leander Road o n pro perty of Weir Ranch just west o f the Southwest Bypass c onstructio n. This quarry has been in operation for many years. The primary purpose is to pro vide aggregates fo r its co ncrete plant o pe ratio ns. The quarry has a permit to dive rt water from the So uth San Gabriel at this location. The co mpany also has a permit to dive rt water from the San Gabriel do wnstream o f San Gabriel Park. The request is to combine these permits to one location fo r dive rsion. Because George to wn holds a permit to retain water in San Gabriel Park for the small lake there, Georgetown is requested to provide co mmunication to TCEQ that it has no substantive issue with the c ombination of these permits and dive rsion points. Staff has re viewed the request and the combinatio n of the diversion points will not negatively impact the rights that the City currently has with its permit or operations in San Gabriel P ark. The current use of the quarry for water totals 454 ac /ft/yr o f water. The combination o f the two diversions will provide for a total 468 ac/ft/yr of water at the current quarry. This includes 228 ac/ft/yr of water purchased from the George to wn Utility Syste m Water Utility. Currently, the water from GUS totals 296 ac /ft/yr. This would be a reduc tion of water fro m our water system of 6 8 ac /ft/yr that would be returned for use by residential and commercial customers of GUS. A c opy of the applicatio n is attached that covers this reque st in further detail. STAFF RECOMMENDATION : Staff re c ommends providing a letter to TCEQ indicating the combining o f these diversio n points and permits provides no negative impact to Geo rgetown’s c urre nt rights and request no t to be noticed on the pending application of Alamo Concrete Products. FINANCIAL IMPACT: N/A SUBMITTED BY: JIm Briggs - General Manager of Utilities ATTACHMENT S: Description S ummary of R eq ues t Page 108 of 437 SUMMARY OF REQUEST Alamo Concrete Products Company operates a quarry located on the South Gabriel River Gabriel River near Georgetown. The water demands of the quarry are met through use of TCEQ Certificate of Adjudication 12‐3737. This Certificate expires on December 31, 2017. In early 2017, Alamo Concrete Products Company acquired Certificate of Adjudication 12‐3739 located on the San Gabriel River downstream of Certificate 12‐3737. The purpose of the application contained herein is to amend the location of authorized diversion point for Certificate of Adjudication 12‐3739 from its current diversion point so that it is identical to the diversion point authorized in Certificate of Adjudication 12‐3737. There is only one Water Right located between Certificate of Adjudication 12‐3737 and Certificate of Adjudication 12‐3739. It is Certificate of Adjudication 12‐3738 owned by the City of Georgetown. The following pages contain all necessary maps and photographs to further explain the proposed amendment. Page Description 1 of 30 Summary of Request 2 of 30 Addendum Regarding the State and Regional Water Plan 6 of 30 Location Map of Affected Certifications of Adjudication 7 of 30 USGS map showing location of Diversion for COA‐12‐3737 8 of 30 Photographs of Diversion Point 9 of 30 Email Regarding previous payment of Application Fees 10 of 30 Authorization for Signature of Kirk Taylor 12 of 30 Conservation Plan OCTOBER 4, 2017 Page 1 of 30Page 109 of 437 SITE LOCATION Addendum Regarding the State and Regional Water Plan The requested amendment is located in Williamson County and within Region G of the 16 Regional Water Planning Areas in the State. Section 2.3.5 of the adopted Region G Water Plan addresses Mining Water Demands by County. This section is copied on the following pages. The requested amendment is included with the Mining Water Demands in Williamson within Region G. OCTOBER 4, 2017 Page 2 of 30Page 110 of 437 ADJ‐3737B ADJ‐3739ADJ‐3738 LOCATION MAP OCTOBER 4, 2017 Page 6 of 30Page 111 of 437 ADJ‐3737B DIVERSION USGS MAP – DIVERSION POINT FOR ADJ‐3739 OCTOBER 4, 2017 Page 7 of 30Page 112 of 437 OCTOBER 4, 2017 Page 9 of 30Page 113 of 437 OCTOBER 4, 2017 Page 12 of 30Page 114 of 437 OCTOBER 4, 2017 Page 13 of 30Page 115 of 437 OCTOBER 4, 2017 Page 14 of 30Page 116 of 437 OCTOBER 4, 2017 Page 15 of 30Page 117 of 437 OCTOBER 4, 2017 Page 16 of 30Page 118 of 437 OCTOBER 4, 2017 Page 17 of 30Page 119 of 437 OCTOBER 4, 2017 Page 18 of 30Page 120 of 437 OCTOBER 4, 2017 Page 19 of 30Page 121 of 437 OCTOBER 4, 2017 Page 20 of 30Page 122 of 437 OCTOBER 4, 2017 Page 21 of 30Page 123 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to vacate and abando n multiple public utility e ase ments (PUEs) across Lots A & B, Block A, Resubdivisio n of Lo t 1, Block A, Amended Plat of Lo ts 1,2,3, Block A, F our-T Ranch Secti on One, as recorded in Cabine t W, Lo t 1 66 of the Plat Reco rds o f Williamson County, Texas; and to autho rize the Mayor to execute a qui tcl ai m dee d --Travis Baird, Real Estate Services Co ordinator ITEM SUMMARY: Williamson County Eme rge ncy Services District No. 8 has recently purc hase d Lots A and B, along Williams Drive for construction of a new fac ility. The applicant plans to co mbine Lots A & B into one lot. The PUEs, as they e xist now, would bisect the proposed single lo t and preclude the planned deve lo pment. No utilities exist or are planned within the se P UEs. Staff recommends appro val o f this item. FINANCIAL IMPACT: N/A SUBMITTED BY: Travis Baird, Real Estate Services Coordinator ATTACHMENT S: Description Res o lutio n P ac kage Exhib it o f Eas ements to b e Aband o ned Page 124 of 437 Resolution No. _____________________________ Description: Vacation and abandonment of four 10’ PUEs Lots A & B, Four-T Ranch, Sec. I Date Approved:____________________________ Page 1 of 2 RESOLUTION NO. ____________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN VACATING AND ABANDONING PORTIONS OF FOUR 10-FOOT PUBLIC UTILITY EASEMENTS ACROSS LOTS A & B, BLOCK A, RESUBDIVISION OF LOT 1A, BLOCK A, AMENDED PLAT OF LOTS 1, 2, 3, BLOCK A, FOUR-T RANCH SECTION 1, AS RECORDED IN THAT CERTAIN MAP OR PLAT IN CABINET W, PAGE 166 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (THE “PUES”), AND BEING LOCATED ON WILLIAMS DRIVE IN GEORGETOWN, TEXAS. WHEREAS, the City of Georgetown has received a request for the vacation and abandonment of the above described PUEs, as Lots A and B will be combined and the future lot will be bisected by these easements; and WHEREAS, the City of Georgetown (“City”) has received a request from Williamson Emergency Services District No. 8, the current owner of property encumbered by the above described easements. The bisection of the newly created lot by these easements will prevent development of the lot. The easements requested to be abandoned and vacated are described by the metes and bounds with sketches on Exhibits “A” & “B” attached hereto (the “Property”); and WHEREAS, upon considering the request for vacation and abandonment of the subject PUEs and additional information pertaining to the request, the City Council finds that a public need for the areas sought to be vacated and abandoned no longer exists and that said PUEs may be vacated and abandoned pursuant to City Ordinance No. 2009-47 relating to disposition of City property; and WHEREAS, nothing herein shall operate to vacate or abandon any other PUE or easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that the adoption of this resolution is not inconsistent or in conflict with any of the City’s 2030 Comprehensive Plan policies. SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit “C” and any other Page 125 of 437 Resolution No. _____________________________ Description: Vacation and abandonment of four 10’ PUEs Lots A & B, Four-T Ranch, Sec. I Date Approved:____________________________ Page 2 of 2 conveyance document(s) necessary to complete the vacation and abandonment of the PUEs described herein and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this ______ day of ___________, 2018. CITY OF GEORGETOWN ATTEST: BY: Dale Ross, Mayor Shelley Nowling, City Secretary APPROVED AS TO FORM: _______________________ Charlie McNabb, City Attorney STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of the City of Georgetown, a Texas home-rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2018. ________________________________________ Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Georgetown ATTN: Real Estate Services Coordinator 300-1 Industrial Ave. Georgetown, Texas 78626 Page 126 of 437 Exhibit "A" Page 127 of 437 Page 128 of 437 Page 129 of 437 Exhibit "B" Page 130 of 437 Page 131 of 437 Page 132 of 437 Exhibit: “C” Quitclaim Deed abandoning four 10’ PUEs Lots A & B, Four-T Ranch, Sec 1 Page 1 of 2 QUITCLAIM DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. DATE: __________________________, 2018 GRANTOR: City of Georgetown, a Texas home-rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Williamson County Emergency Services District No. 8 GRANTEE'S Mailing Address (including County): 3600 DB Wood Rd., Georgetown, Williamson County, Texas, 78728 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING portions of four 10’ Public Utility Easements (PUEs), said PUEs being described by metes and bounds with the sketches on Exhibits “A” & “B” attached hereto and incorporated herein by reference. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the property or any part of it. Page 133 of 437 Exhibit: “B” Quitclaim Deed abandoning four 10’ PUEs Lots A & B, Four-T Ranch, Sec 1 Page 2 of 2 EXECUTED this the _____ day of _________________, 2018. GRANTOR ATTEST: CITY OF GEORGETOWN BY:__________________________ ___________________________________ Dale Ross, Mayor Shelley Nowling, City Secretary STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of the City of Georgetown, a Texas home-rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2018. ______________________________ Notary Public, State of Texas APPROVED AS TO FORM: ______________________________ Charlie McNabb, City Attorney Page 134 of 437 [Exhibits “A” & “B” to Quitclaim Deed] Exhibits “A” & “B” to the Quitclaim Deed are heretofore attached as Exhibits “A” & “B”” to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording. Page 135 of 437 Page 136 of 437 Page 137 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to approve the vac ati on and abandonment of a 4 0 foo t ri ght-of-way easement for channel i mpro ve ments acro ss Lot 2, Di cotec Subdi vi si on, recorded in Cabinet L, Slide 14 3, and being a portion o f that same easement de dicated in Volume 416, Page 2 of the Official P ublic Records of Williamso n County, Texas; and to authorize the Mayo r to execute a qui tcl ai m deed -- Travis Baird, Real Estate Services Co ordinator ITEM SUMMARY: The applicant has requested the abandonment of a 40' Channel Easement across a portion of that property no w known as Lot 2, Dicotec Subdivisio n. This easement was conveye d to TXDOT in 195 6 to provide drainage support for the State road which has since become Williams Drive and passe d to the City of Georgeto wn. This easement crosses into the lot in such a way as to preclude developme nt as the applicant has planned. The applicant has pro vided an e ase ment for realigned drainage infrastruc ture, which will be constructed at the applicant's expense. Staff recommends appro val o f this item. FINANCIAL IMPACT: N/A. Landowne r has conveyed a replacement ease ment and will construct the necessary improvements. SUBMITTED BY: Travis Baird-Real Estate Services Coordinator ATTACHMENT S: Description Exhib it o f c onflic t with proposed s tructure Res o lutio n P ac kage Rep lacement Eas ement Page 138 of 437 Page 139 of 437 Resolution No. _____________________________ Description: Vacation and abandonment of a portion of a 40’ Channel Easement, Lot 2, Dicotec Subdivision Date Approved:____________________________ Page 1 of 2 RESOLUTION NO. ____________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN VACATING AND ABANDONING A 0.2087-ACRE PORTION OF A 40-FOOT CHANNEL EASEMENT ACROSS LOT 2, DICOTEC SUBDIVISION, A SUBDIVISION RECORDED IN CABINET L, SLIDE 142 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN VOLUME 416, PAGE 2 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, LOCATED AT 4405 WILLIAMS DRIVE. WHEREAS, the City of Georgetown (the “City”) has received an application for the vacation and abandonment of a portion of the above-described 1956 channel easement that was conveyed to the State of Texas (“State”) at the time the State acquired right of way to construct FM 2338/Williams Drive; and WHEREAS, said easement was acquired for the purposes of constructing and maintaining a drainage channel for storm-water runoff from FM 2338/Williams Drive; and, WHEREAS, the current owner of property encumbered by the above-described easement, The Barn on Williams Drive, LLC, has requested the abandonment of the channel easement as the bisection of Lot 2 prevents future development. The easement requested to be abandoned and vacated is depicted by the sketch on Exhibit “A” attached hereto (the “Property”); and WHEREAS, the owner has provided an alternative easement to the City and will construct new infrastructure to route the necessary storm water drainage flow; and, WHEREAS, upon considering the request for vacation and abandonment of the Property, and additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it may, therefore, be abandoned and vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that the adoption of this resolution is not inconsistent or in conflict with any of the City’s 2030 Comprehensive Plan policies. Page 140 of 437 Resolution No. _____________________________ Description: Vacation and abandonment of a portion of a 40’ Right-of-Way Easement, Lot 2, Dicotec Subdivision Date Approved:____________________________ Page 2 of 2 SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit “B” and any other conveyance document(s) necessary to complete the vacation and abandonment of the Property described herein and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this ______ day of ____________, 2018. CITY OF GEORGETOWN ATTEST: By: Dale Ross, Mayor Shelley Nowling City Secretary APPROVED AS TO FORM: _______________________ Charlie McNabb, City Attorney Page 141 of 437 Page 142 of 437 Page 143 of 437 Page 144 of 437 Exhibit: “B” Quitclaim Deed abandoning 40’ Channel Easement Lot 2, Dicotec Subdivision, 4405 Williams Drive Page 1 of 2 QUITCLAIM DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. DATE: __________________________, 2018 GRANTOR: City of Georgetown, a Texas home-rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: The Barn on Williams Drive, LLC, a Texas limited liability company GRANTEE'S Mailing Address (including County): P.O. Box 221707, El Paso, El Paso County, Texas 79913 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a 0.2087-acre portion of that 40’ Channel Easement (Easement) as dedicated in Volume 416, Page 2, Deed Records of Williamson County, Texas, said easement being described by metes and bounds with sketch on Exhibit “A” attached hereto and incorporated herein by reference. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the property or any part of it. Page 145 of 437 Exhibit: “B” Quitclaim Deed abandoning 40’ Channel Easement Lot 2, Dicotec Subdivision, 4405 Williams Drive Page 2 of 2 EXECUTED this the _____ day of _________________, 2018. GRANTOR ATTEST: CITY OF GEORGETOWN BY:__________________________ ___________________________________ Dale Ross, Mayor Shelley Nowling, City Secretary STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of the City of Georgetown, a Texas home-rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2018. ______________________________ Notary Public, State of Texas APPROVED AS TO FORM: ______________________________ Charlie McNabb, City Attorney Page 146 of 437 [Exhibit “A” to Quitclaim Deed] Exhibit “A” to the Quitclaim Deed is heretofore attached as Exhibit “A” to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording. Page 147 of 437 Page 148 of 437 Page 149 of 437 Page 150 of 437 Page 151 of 437 Page 152 of 437 Page 153 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action on a Traffi c Impr ovement Agreement with Cedar B reaks West -- Wesley Wright, P.E., Systems Engineering Director ITEM SUMMARY: The proposed Cedar Breaks West deve lo pment is located at the southwest corner of Williams and Wildwood (directly adjacent to HEB). It co nsists o f an approximately 30 ,00 0 square fo ot gymnasium and over 60 ,00 0 square feet of retail space, included se veral po tential restaurant sites. The city's Unified De velopment Code requires such a develo pment to complete a traffic impact analysis (TIA) in order to determine appro priate pro -rata cash contributions to future transportation improve ments related to the development. In e xc hange for relief from the delay and cost associated with a TIA, it is recommended that the develo per be required to construct a right turn lane from eastbound Williams onto Wildwood, as well as a right turn lane fro m northbound Wildwood onto Williams. Staff has rec e ive d repeated complaints abo ut po or traffic flow at this intersection. Both turn lanes will signific antly improve traffic flo w into, out of, and around these large commercial/re tail developments, as well as the neighbo ring residential community. Under the terms of the attached agreement, no co sts will be incurred by the city. The developer wo uld be responsible for all design and co nstruction costs asso ciated with these turn lanes, as opposed to o nly paying a pro portio nal share under the TIA method - with no definite construction date. The developer is pro gressing through the plat/plan review process and is expected to start wo rk this winter/spring. Staff recommends appro val o f the Traffic Agreement terms. FINANCIAL IMPACT: No direct cost to the city. SUBMITTED BY: Wesley Wright ATTACHMENT S: Description Traffic Imp rovement Agreement Page 154 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017} STATE OF TEXAS § § § § § TRAFFIC IMPROVEMENTS AGREEMENT CONCERNING CEDAR BREAKS WEST COUNTY OF WILLIAMSON CITY OF GEORGETOWN THIS IS AN AGREEMENT (“Agreement”) by and between THE CITY OF GEORGETOWN, a Texas home-rule municipal corporation (“City”) and GEORGETOWN RETAIL LAND III, L.P., a Texas limited partnership (“GRL”), entered into pursuant to the authority granted to the City by its powers as a home-rule municipal corporation. The City and GRL are sometimes collectively referred to herein as the “Parties”. WHEREAS, GRL is the owner of that certain tract of land in Georgetown, Williamson County, Texas, more fully described on Exhibit A (the “Property”); WHEREAS, GRL desires to develop the Property as a retail development (“Project”); WHEREAS, the City has requested and GRL has agreed to construct certain traffic and roadway improvements more particularly described herein; WHEREAS, in consideration of GRL’s construction of said improvements, GRL will not be required to provide a Traffic Improvement Analysis (“TIA”) for the Project; NOW, THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City and GRL hereby agree as follows: Article I Definitions Section 1.1 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: “Director” means the Systems Engineer Director of Georgetown Utility Systems, or his/her successor or assign. “Effective Date” shall mean the date this Agreement has been executed by all parties hereto. “UDC” shall mean the City of Georgetown’s Unified Development Code dated effective March 17, 2017. Page 155 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Article II Traffic Improvements/Storm Water Section 2.1 Williams Drive Improvements. GRL shall design, construct and pay for the deceleration lane on Williams Drive commencing at the location depicted on Exhibit B and terminating at the intersection of Williams Drive and Wildwood Drive, as more particularly described and/or depicted on Exhibit B attached hereto and made a part hereof (“Williams Drive Improvements”). Upon completion, GRL shall dedicate the Williams Drive Improvements to the City and once dedicated, the Williams Drive Improvements shall be maintained by the City. The completed Williams Drive Improvements will be covered by a two (2) year maintenance bond according to the City standard maintenance bond form. Section 2.2 Wildwood Drive Improvements. GRL shall design, construct and pay for the right turn lane on Wildwood Drive that will terminate at the intersection of Williams Drive and Wildwood Drive, as more particularly described and/or depicted on Exhibit B attached hereto and made a part hereof (“Wildwood Drive Improvements”). Upon completion, GRL shall dedicate the Wildwood Drive Improvements to the City and once dedicated, the Wildwood Drive Improvements shall be maintained by the City. The completed Williams Drive Improvements will be covered by a two (2) year maintenance bond. The Parties agree that the proposed sidewalk to be constructed as part of the Wildwood Drive Improvements, as more particularly depicted on Exhibit B attached hereto, will be constructed within sidewalk easement to be provided pursuant to Section 2.3. Section 2.3 Easements – General. It is hereby intended that the Williams Drive Improvements and the Wildwood Drive Improvements (collectively, the Traffic Improvements”) will all be located in the public right-of-way. The City will make available if possible under the terms of the specific easement, at no cost to GRL, the right to use any rights of way or easements held by the City. If offsite easements are required and GRL is unable to obtain all required offsite easements, GRL shall notify the City and the City shall use its best efforts to promptly acquire the easements, using its powers of eminent domain if necessary. GRL shall be solely liable for any and all costs related to the acquisition of offsite easements. Section 2.4 Plans and Specifications. The plans and specifications for each of the Traffic Improvements must be submitted to the City for review and approval prior to the commencement of construction of such applicable Traffic Improvement’s. The Traffic Improvements will be made, as applicable, in accordance with the development specifications set forth on Exhibit C attached hereto and made a part hereof (“Development Specifications”). The Director agrees to expedite the review and approval of the engineering design, plans, and specifications submitted by the GRL and to otherwise cooperate with the GRL to the extent reasonably possible without detriment to proper engineering review, comment, and revision. The City agrees to provide written comments/notes regarding the submitted engineering design, plans, and specifications within 30 days of the City’s receipt of such plans. The Parties acknowledge that the Traffic Improvements shall not be required to be publicly bid. Page 156 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Section 2.5 Timing. The Parties acknowledge and agree that the Traffic Improvements will be included in and constitute a part of GRL’s Site Development Permit for the Project. If the Site Development Permit is done in phases, the Traffic Improvements shall be completed as part of the first phase. Section 2.6 No TIA Required. In consideration for GRL’s agreement to construct and pay for the Williams Drive Improvements and the Wildwood Drive Improvements, the City hereby waives (i) GRL’s requirement under Section 12.05.030 of the UDC to provide a TIA for the Project and (ii) GRL’s requirement to dedicate or convey any right-of-way along Wildwood Drive. In addition, the initial developers of any of the lots within the Project (if not GRL) shall not be required to provide a TIA pursuant to Section 12.05.030 of the UDC Section 2.7 Unless specifically provided in this Agreement, all requirements of the UDC and the City Code of Ordinances, including right-of-way dedication, shall apply to the development of this Property. . Article III Miscellaneous Provisions Section 3.1 Actions Performable. The City and GRL agree that all actions to be per- formed under this Agreement are performable solely in Williamson County, Texas. Section 3.2 Governing Law. The City and GRL agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. Section 3.3 Severability. 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. Section 3.4 Complete Agreement/Amendment. This Agreement represents a complete agreement of the Parties and supersedes all prior written and oral matters related to this Agreement. 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 then current owner of the Property. In the event that the Property shall be owned by more than one owner, then 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 owners of sixty (60%) of the land area of the Property; provided, however, that so long as GRL has an ownership interest in the Property, it shall be required to join in any cancellation, change, amendment or modification of this Agreement. Section 3.5 Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made a part of this Agreement as if copied verbatim. Page 157 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Section 3.6 Governmental Approvals. The City agrees to cooperate with GRL in connection with any waivers, permits or approvals GRL 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 in accordance herewith. Section 3.7 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 113 E 8th 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 GRL: Georgetown Retail Land III 100 E. Anderson Lane, Suite 200 Austin, Texas 78752 Attn: Steve Durhman Phone: (512) 628-5351 With copies to: Metcalfe Wolff Stuart & Williams, LLP 221 W. 6th Street, Suite 1300 Austin, Texas 78701 Attn: Talley J. Williams Phone: (512) 404-2234 Fax: (512)404-2245 Section 3.8 Force Majeure. GRL and the City agree that the obligations of each party shall be subject to force majeure events such as unavailability of materials, labor shortages, natural calamity, fire or strike. Section 3.9 Successors and Assigns. This Agreement, and the rights and obligations of the Parties hereunder, shall run with the land and shall inure to the benefit of and be binding on the Parties and their respective successors and assigns. Section 3.10 Cooperation. The Parties shall cooperate with each other as reasonable and Page 158 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. Section 3.11 Authority. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and GRL, respectively. Section 3.12 Landowner’s Right to Continue Development. In consideration of GRL’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 uniformly imposed throughout the City due to an emergency constituting imminent threat to the public health or safety, provided that such moratorium will continue only during the duration of the emergency. Section 3.13 Estoppel Certificates. From time to time upon written request by any seller or purchaser of all or a portion of the Property, or any lender or prospective lender of the GRL or its assignees, the City shall execute a written estoppel certificate to such seller or purchaser stating, if true that the City has not given or received any written notices alleging any events of default under this Agreement. Section 3.14 No Liens Permitted. The GRL will make timely payment to its engineers, contractors, and materialmen for all aspects of the work and for all materials and services relating to the Traffic Improvements including, without limitation, all costs for engineering, design, construction (including inspection fees), project management, financing, interest, fiscal security, insurance, and all other costs for labor, materials, and services relating to the Traffic Improvements. The GRL will not cause, suffer, or permit the filing, perfection, or execution of any lien or other encumbrance against the Traffic Improvements or any portion thereof. List of Exhibits: Exhibit A - Property Exhibit B - Williams Drive Improvements; Wildwood Drive Improvements/ROW Dedication Exhibit C - Development Specifications [Signature Pages to Follow] Page 159 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx SIGNED as of this ____ day of _____________, 201_. CITY OF GEORGETOWN By: Dale Ross, Mayor STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this ____ day of _____________, 201_, by Dale Ross, a person known to me, in his capacity as Mayor of the City of Georgetown, Texas, a Texas home-rule municipal corporation, on behalf of said municipality. [S E A L] Notary Public, State of Texas ATTEST: Shelley Nowling, City Secretary APPROVED AS TO FORM: Charlie McNabb, City Attorney Page 160 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx GEORGETOWN RETAIL LAND III, LP, a Texas limited partnership By: Georgetown Retail Land III GP, LLC Its: General Partner By: _____ Name: Title: STATE OF TEXAS § § PARTNERSHIP ACKNOWLEDGEMENT COUNTY OF TRAVIS § This instrument was acknowledged before me on this ____ day of _____________, 201_, by Steve Durhman, a person known to me, in his capacity as Manager of Georgetown Retail Land III GP, LLC, a Texas limited liability company, in its capacity as the General Partner of Georgetown Retail Land III, L.P., a Texas limited partnership, for and on behalf of said limited partnership. [S E A L] Notary Public, State of Texas Page 161 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017} Exhibit A Property Page 162 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Page 163 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Page 164 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Page 165 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017} Exhibit B Williams Drive Improvements; Wildwood Drive Improvements ROW Dedication Page 166 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Page 167 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017}G\\:\Client\Durhman Bassett.SCM\Georgetown (Buffkin) [Cedar Breaks West]\Development Agreement with City\Development Agreement.v6.docx Page 168 of 437 {00009633 / v7 / / GUS / CEDARBREAKS / 12/21/2017} Exhibit C Development Specifications The turn lane pavement sections shall match those for the existing sections for Williams Drive and Wildwood Street, as shown in the existing construction plans for the Project submitted to the City. Page 169 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Forwarded fro m G eorg etow n Transportati on Advi so ry B oard (G TAB ): Consideration and possible action to award a contr ac t to Choi ce B ui l ders, LLC o f Temple, Texas for curb and g utter i nstal l ati on at vario us locations in the City, in the amount o f $362,684.50 -- Wesley Wright, P.E., Systems Engine e ring Director ITEM SUMMARY: This proposed pro ject consists of removing and replacing o ld curb and gutter that do no t properly drain storm water and prematurely damage streets. This project includes 3 parts. Part A include s approximately 2,240 LF of curb and gutter replacement on Oak Lane and Gabriel View Drive Part B includes approximately 2,250 LF of curb and gutter replacement on 24 th St. and Highland Drive Part C includes approximately 1,080 LF of curb and gutter replacement on E. 19 th St. This pro ject was publicly advertised on November 1 9, 201 7 and No vember 26 , 2017. Eight (8 ) firms obtained plans. From these plan holders on Dece mber 7, 2017 we received seven (7) competitive bids. The low qualified bidder for the project was Choic e Builders, LLC with a total bid of $36 2,6 84 .50. Choice Builders have comple ted various concre te pro jects for the City of Geo rgetown in the past. Kasberg, P atrick & Associates, LP have reviewed the current workload, references and construction histo ry o f Choice Builders, LLC. As a result of their findings, Kasberg, Patrick & Associates, LP recommends that a contract be awarded fo r all parts to Cho ice Builders, LLC in the amount of $362,684.50. STAF F RECOMMENDATION: Staff c oncurs with Kasberg, Patrick & Associates and recomme nds awarding the contract to Choice Builders, LLC of Temple, Texas fo r c urb and gutter installation at vario us locations in the City, in the amo unt o f $362,684.50. G TAB B OARD RECOMMENDATION: This item was unanimously recommended by the GTAB Board fo r Council appro val at the January 1 2, 20 18 GTAB Bo ard meeting. FINANCIAL IMPACT: Funds for the expenditure are budgeted in the Storm Water CIP Fund SUBMITTED BY: Chris Pousson ATTACHMENT S: Description B&FAW Letter of reco mmendatio n 2017 Curb and Gutter Bid Tab 2017 Curb and Gutter Exhibit Page 170 of 437 PROJECT No.DATE: PROJECT NAME:5AL 12/11/2017 Division/Department:Director Approval Prepared By:Chris Pousson Finance Approval TW121217 . TOTAL ANNUAL BUDGET 500,000.00 (Current year only) Actual Cost Agenda Total Spent Encumbrance Item & Encumbered % Annual (A) before agenda item (B)(A + B)Budget Consulting 53,900.00 53,900.00 11% Right of Way 0.00 0% Construction 362,684.50 362,684.50 73% Other Costs 42.00 42.00 0% Total Current Year Costs 53,942.00 416,626.50 Approved GENERAL LEDGER ACCOUNT NUMBER CY Budget 640-9-0880-90-005 500,000.00 Total Budget 500,000.00 TOTAL PROJECT BUDGET 500,000.00 (includes all previous yrs) Prior Years Current Year Total Project % Total Spent/Encumbered Costs Costs Budget Consulting 53,900.00 53,900.00 11% Right of Way 0.00 0.00 0% Construction 362,684.50 362,684.50 73% Other Costs 42.00 42.00 0% Total Project Costs 0.00 416,626.50 416,626.50 Comments: Transportation Services 2017 Curb and Gutter CIP- Budgetary and Financial Analysis Worksheet Page 171 of 437 Page 172 of 437 Page 173 of 437 BID TABULATION CITY OF GEORGETOWN TEXAS 2017 Curb Gutter Replacement Project December 7, 2017; 2:00 pm 2017-118-40 Item Estimated Unit Bid Data Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No.Quantity Description Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount PART A: Oak Lane & Gabriel View Drive 1 100%LS Insurance, Bonds and Mobilization, not to exceed 5% of Total Part A, Complete $7,500.00 $7,500.00 $10,000.00 $10,000.00 $9,400.00 $9,400.00 $8,000.00 $8,000.00 $8,500.00 $8,500.00 $10,400.00 $10,400.00 $12,500.00 $12,500.00 2 100%LS For Providing a Video DVD of the Project Area Prior to and After Construction for Part A, Complete For 219.00 219.00 1,500.00 1,500.00 600.00 600.00 900.00 900.00 405.00 405.00 1,500.00 1,500.00 4,200.00 4,200.00 3 10 STA Provide Labor,Equipment,Tools and Supervision to Complete Preparation of Right-of-way, Complete For 124.00 1,240.00 500.00 5,000.00 400.00 4,000.00 600.00 6,000.00 550.00 5,500.00 450.00 4,500.00 580.00 5,800.00 4 100%LS Traffic Control Plan Implementation for Part A, Complete for 661.00 661.00 1,500.00 1,500.00 1,500.00 1,500.00 8,000.00 8,000.00 3,700.00 3,700.00 2,000.00 2,000.00 23,000.00 23,000.00 5 100%LS Prepare Stormwater Pollution Prevention Plan,Including Submission to and Receiving Permits from Texas Commission on Environmental Quality (TCEQ)for Part A, Complete For 115.00 115.00 1,500.00 1,500.00 2,400.00 2,400.00 1,800.00 1,800.00 2,425.00 2,425.00 1,500.00 1,500.00 2,900.00 2,900.00 6 25 LF Furnish, Install & Removal of Rock Berm, Complete for 12.00 300.00 40.00 1,000.00 23.00 575.00 39.00 975.00 40.00 1,000.00 33.00 825.00 35.00 875.00 7 750 CY For Unclassified Excavation of Existing Roadway,Including Asphalt,Base,& Material behind the Curb, Complete For 22.70 17,025.00 10.00 7,500.00 3.00 2,250.00 23.00 17,250.00 29.00 21,750.00 35.00 26,250.00 53.00 39,750.00 8 2,000 LF For Removal &Haul Off of Existing Concrete Curb &Gutter &Driveway, Complete For 6.50 13,000.00 5.00 10,000.00 3.00 6,000.00 8.00 16,000.00 6.00 12,000.00 4.00 8,000.00 9.40 18,800.00 9 1,775 SY Furnish & Install 8-inch Limestone Base under curb as needed, Complete For 8.40 14,910.00 5.00 8,875.00 5.00 8,875.00 14.00 24,850.00 14.00 24,850.00 28.00 49,700.00 17.50 31,062.50 10 2,000 LF Furnish & Install Standard Curb & Gutter, Complete For 17.00 34,000.00 30.00 60,000.00 46.00 92,000.00 17.00 34,000.00 24.00 48,000.00 20.00 40,000.00 20.50 41,000.00 11 20 LF Furnish & Install 18" Ribbon Curb, Complete For 10.00 200.00 40.00 800.00 20.00 400.00 35.00 700.00 15.00 300.00 19.00 380.00 18.00 360.00 12 240 LF Furnish &Install 2-foot wide Driveway Laydown Curb (Driveway Valley Gutter), Complete For 17.20 4,128.00 24.00 5,760.00 32.00 7,680.00 22.00 5,280.00 30.00 7,200.00 21.00 5,040.00 23.50 5,640.00 13 275 SY Furnish & Install Concrete Driveway, Complete For 48.00 13,200.00 75.00 20,625.00 63.00 17,325.00 79.00 21,725.00 71.00 19,525.00 63.00 17,325.00 130.00 35,750.00 14 30 SY Furnish & Install 6-foot wide Concrete Valley Gutter, Complete For 66.20 1,986.00 85.00 2,550.00 100.00 3,000.00 79.00 2,370.00 111.00 3,330.00 63.00 1,890.00 110.00 3,300.00 15 50 SY Furnish & Install Concrete Flume, Complete For 71.00 3,550.00 85.00 4,250.00 200.00 10,000.00 79.00 3,950.00 125.00 6,250.00 175.00 8,750.00 89.00 4,450.00 16 200 TN Furnish & Install 6" HMAC Type C, Complete For 166.00 33,200.00 55.00 11,000.00 70.00 14,000.00 138.00 27,600.00 155.00 31,000.00 135.00 27,000.00 175.00 35,000.00 17 1 EA Remove and Relocate Existing Rock Mail Box, Complete For 511.00 511.00 850.00 850.00 1,200.00 1,200.00 400.00 400.00 804.00 804.00 3,500.00 3,500.00 3,500.00 3,500.00 18 100%LS For Irrigation Repair Allowance by a Licensed Irrigator to be paid Repair Invoice plus 20%, Complete For 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 19 1,200 SY Install,Maintain &Establish Either Bermuda or St.Augustine Grass Sod, Complete For 3.10 3,720.00 4.00 4,800.00 8.00 9,600.00 8.00 9,600.00 10.00 12,000.00 4.50 5,400.00 17.00 20,400.00 TOTAL PART A - (Items 1 - 19) Item Estimated Unit Bid Data Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No.Quantity Description Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount PART B: 24th Street & Highland Drive 1 100%LS Insurance, Bonds and Mobilization, not to exceed 5% of Total Part B, Complete 6,000.00 6,000.00 7,000.00 7,000.00 7,900.00 7,900.00 7,000.00 7,000.00 7,750.00 7,750.00 8,500.00 8,500.00 12,500.00 12,500.00 2 100%LS For Providing a Video DVD of the Project Area Prior to and After Construction for Part B, Complete For 219.00 219.00 500.00 500.00 600.00 600.00 900.00 900.00 405.00 405.00 1,500.00 1,500.00 4,200.00 4,200.00 3 10 STA Provide Labor, Equipment, Tools and Supervision to Complete Preparation of Right-of-way, Complete For 124.00 1,240.00 500.00 5,000.00 300.00 3,000.00 600.00 6,000.00 550.00 5,500.00 450.00 4,500.00 580.00 5,800.00 100%LS Traffic Control Plan Implementation for Part B, Complete for 318.00 318.00 1,200.00 1,200.00 1,500.00 1,500.00 8,000.00 8,000.00 3,500.00 3,500.00 2,000.00 2,000.00 23,000.00 23,000.00 100%LS Prepare Stormwater Pollution Prevention Plan, Including Submission to and Receiving Permits from Texas Commission on Environmental Quality (TCEQ) for Part B, Complete For 115.00 115.00 500.00 500.00 500.00 500.00 1,800.00 1,800.00 2,425.00 2,425.00 1,500.00 1,500.00 2,900.00 2,900.00 4 35 LF Furnish, Install & Removal of Silt Fence Protection, Complete for 2.30 80.50 5.00 175.00 5.00 175.00 2.00 70.00 4.00 140.00 5.00 175.00 17.00 595.00 5 580 CY For Unclassified Excavation of Existing Roadway,Including Asphalt,Base,& Material behind the Curb, Complete For 22.10 12,818.00 10.00 5,800.00 3.00 1,740.00 23.00 13,340.00 29.00 16,820.00 35.00 20,300.00 53.00 30,740.00 6 1,950 LF For Removal &Haul Off of Existing Concrete Curb &Gutter &Driveway, Complete For 6.40 12,480.00 5.00 9,750.00 3.00 5,850.00 8.00 15,600.00 6.00 11,700.00 4.00 7,800.00 9.40 18,330.00 7 1,750 SY Furnish & Install 8-inch Limestone Base under curb as needed, Complete For 8.40 14,700.00 5.00 8,750.00 5.00 8,750.00 14.00 24,500.00 14.00 24,500.00 28.00 49,000.00 17.50 30,625.00 8 1,950 LF Furnish & Install Standard Curb & Gutter, Complete For 17.00 33,150.00 30.00 58,500.00 46.00 89,700.00 17.00 33,150.00 24.00 46,800.00 20.00 39,000.00 20.50 39,975.00 9 20 LF Furnish & Install 18-inch wide Valley Gutter Curb, Complete For 10.00 200.00 85.00 1,700.00 20.00 400.00 35.00 700.00 15.00 300.00 20.00 400.00 18.00 360.00 10 280 LF Furnish & Install 2-foot wide Valley Gutter Curb, Complete For 14.20 3,976.00 24.00 6,720.00 32.00 8,960.00 22.00 6,160.00 30.00 8,400.00 14.00 3,920.00 23.50 6,580.00 11 200 SY Furnish & Install Concrete Driveway, Complete For 48.20 9,640.00 75.00 15,000.00 63.00 12,600.00 79.00 15,800.00 71.00 14,200.00 63.00 12,600.00 130.00 26,000.00 12 185 TN Furnish & Install 6" HMAC Type C, Complete For 166.00 30,710.00 55.00 10,175.00 70.00 12,950.00 138.00 25,530.00 155.00 28,675.00 135.00 24,975.00 175.00 32,375.00 13 100%LS For Irrigation Repair Allowance by a Licensed Irrigator to be paid Repair Invoice plus 20%, Complete For 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 14 1,100 SY Install, Maintain & Establish Either Bermuda or St. Augustine Grass Sod, Complete For 3.10 3,410.00 4.00 4,400.00 8.00 8,800.00 8.00 8,800.00 10.00 11,000.00 4.50 4,950.00 18.00 19,800.00 TOTAL PART B - (Items 1 - 14)131,556.50 Choice Builders, LLC 3809 S. General Bruce Dr, Ste 103 BIDDER INFORMATION Temple, TX 76502 M.A. Smith Contracting Co., Inc Joe Bland 183,620.00 169,850.00 Austin, TX 78754 15308 Ginger St Austin, TX 78728 165,925.00 13111 Dessau Road 184,615.00 Patin Construction, LLC 3800 W 2nd St Taylor, TX 76574 137,670.00 A Greater Austin Develop. Comp., Ltd. 6500 River Place Blvd., Bldg. 1, Ste 201 Austin, TX 78720 256,280.00 Westar Construction, Inc 198,305.00 196,900.00 216,039.00 221,460.00 Myers Concrete Construction, LP PO Box 2928 Wimberley, TX 78676 4500 Williams Dr, Ste 212-PMB 411 Georgetown, TX 78633 295,787.50 156,965.00 165,010.00 Page 174 of 437 Page 175 of 437 H U T T O R O A D AU S T I N A V E . A I R P O R T R O A D W UNIVERSITY AVE. LAK E W A Y D R . WI L L I A M S D R I V E NE I N N E R L O O P SE I N N E R L O O P LEAND E R R O A D BLUE SP R I N G S WO L F R A N C H RIV E R Y B L V D 15TH D.B . W O O D S D R I V E SER E N A D A D R . KASBERG, PATRICK & ASSOCIATES, LP CONSULTING ENGINEERS GEORGETOWN, TEXAS 78626 Firm Registration No. F-510 2017 CURB AND GUTTER PROJECT EXHIBIT A © 20 1 4 K a s b e r g , P a t r i c k & A s s o c i a t e s , L P K P A F i r m R e g i s t r a t i o n N u m b e r F - 5 1 0 FI L E : P: \ G e o r g e t o w n \ 2 0 1 7 \ 2 0 1 7 - 1 1 8 C U R B A N D G U T T E R \ C A D \ E x h i b i t \ 2 0 1 7 - 1 2 - 0 8 \ E X H I B I T A . d w g L A S T S A V E D : 12 / 8 / 2 0 1 7 1 0 : 1 0 : 5 4 A M LA Y O U T : EX H I B I T A 0 HORIZONTAL SCALE IN FEET 2000 4000 N O R T H GEORGETOWN TEXAS EST. 1848 O A K L A N E C I R C L E G A B R I E L V I E W D R I V E 24TH 19TH LEGEND GEORGETOWN CITY LIMITS GEORGETOWN ETJ CURB AND GUTTER REPLACEMENT Page 176 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Forwarded fro m G eorg etow n Uti l i ty Systems Advi so ry B oard (G US): Consideration and possible action to approve a co ntract with Leopol d, a subsidiary of Xylem, Inc. from Zelienople, PA for the repl acement of the Lake Water Tr e atment Pl ant fi l ter number tw o in the approximate amount of $138,500.00 -- Glenn W. Dishong, Utility Director ITEM SUMMARY: In October the underdrain and media support syste m o n LWTP Filter #2 failed, reducing the capacity of the facility by 2 ½ million gallons per day. The underdrain is co nstructed o f multiple precisely engineered blocks covered by an e qually specific perforated mat. A factory re pre sentative evaluated the system and after removal of all the me dia and subse que nt inspection it was confirmed that a complete replacement was ne c e ssary. This system, which by regulation must be replaced by an identical pro duct, can only be obtained via a sole source (Leopold, a subsidiary of Xylem). The total quoted price includes all labor, equipment, and materials related to remo val of the existing failed materials, installation of the new filter underdrain, mat/cap, and new anthrac ite media, the required oversight and certification by Leopold, testing and warranty, and evaluation as to the probable cause of the failure. SP ECIAL CONSIDERATIONS: Xylem, Inc. is a so le source provider of Leopold parts and is the only location that bids will be received fo r the replacement of Filte r number two. STAF F RECOMMENDATION: Staff recommends awarding the capital replacement o f the Lake Water Treatment Plant filter #2 to Xylem, Inc. in the approximate amo unt o f $1 38 ,500.00. B OARD RECOMMENDATION: This item was unanimo usly approved for recommendation to Council by the GUS Board at their meeting held on January 12, 2018. FINANCIAL IMPACT: Funds for this additio nal expenditure will impact the Water Services Budget. Fund Actual Budget 6 60 -5-0 52 9-5 2-165 Water Service-Plant Upgrade $1 38 ,50 0.00.00 $153,7 59 .24 SUBMITTED BY: David W. Thomiso n, Water Services Manager (skm) ATTACHMENT S: Description Quo te S o le So urc e Letter Leo p o ld Agreement Page 177 of 437 Proposal Lake WTP Georgetown, TX Prepared for: City of Georgetown 11/29/2017 Page 178 of 437 Xylem Water Solutions USA, Inc. 227 S. Division St. Zelienople, PA 16063 Mr. Bruce Wolfe Direct: 724-453-2062 Mobile: 724-504-0366 Email: bruce.wolfe@xyleminc.com 11/29/2017 Project name : Georgetown, TX Project number : I17473 rev01 City of Georgetown: Based on your inquiry, we are pleased to forward the following proposal to your attention. Thank you for the opportunity to offer our equipment and services for the Georgetown, TX Lake WTP project. We hope that our proposal comes up to your expectation. If you have any questions please do not hesitate to contact me or our local representative. Respectfully, Bruce Wolfe Senior Sales Engineer Page 179 of 437 Project number: I17473 Page 3 of 11 Date: November 29, 2017 Revision no.: 01 Table of Content 1 Technical Description .................................................................................................. 4 1.1 Scope of Supply ............................................................................................................. 4 1.2 Services ......................................................................................................................... 6 2 Technical Clarification & Deviations ........................................................................... 6 3 Price & Scope of Supply .............................................................................................. 6 4 Commercial Terms & Conditions ................................................................................ 7 4.1 Delivery schedule ........................................................................................................... 7 4.1.1 Delivery time ........................................................................................................... 7 4.1.2 Production schedule ................................................................................................ 7 4.2 T&C’s for proposal ......................................................................................................... 7 Page 180 of 437 Project number: I17473 Page 4 of 11 Date: November 29, 2017 Revision no.: 01 1 Technical Description 1.1 SCOPE OF SUPPLY We are pleased to offer the following materials and services by Xylem Water Solutions USA, Inc. This quotation has been prepared using previous Leopold contract M6-5030 and Leopold specifications. FILTER UNDERDRAIN SYSTEM FILTER #2: LEOPOLD UNIVERSAL TYPE S UNDERDRAIN: Under this section, we propose to furnish Leopold Universal Type S Underdrain of the Dual/Parallel Lateral type, manufactured from corrosion resistant, high density polyethylene for installation in one (1) filter cell. The filter cell measures 21'-11" lateral run x 10'-0". The total filter area is 220 square feet. The blocks shall be arranged end-to-end and mechanically joined with an O-ring to form continuous underdrain laterals approximately equivalent to the length of the filter cell. The joints shall be gasketed, bell and spigot type with internal alignment tabs for proper alignment, and be air and water tight. Joints shall be snap-lock type so that the blocks are joined with integral interlocking snap lugs and lug receptors for ease of assembly and installation of the laterals, and supplied with carbon steel "L" anchor rods. I.M.S 200 MEDIA RETAINER: Under this section, we propose to furnish 220 square feet of I.M.S 200 media retainer. The scope includes molded thermoplastic I.M.S 200 media retainer factory installed onto the proposed Leopold Universal Type XA Underdrain block prior to shipment. AIR HEADER PIPING: The existing air header pipe shall be reused. FILTER MEDIA: One (1) filter cell, 220 square feet 900 cubic feet FILTER ANTHRACITE – 48” Depth plus 1” skimming allowance Effective Size: 1.00 mm to 1.10 mm Uniformity coefficient: 1.40 22.5 Tons Page 181 of 437 Project number: I17473 Page 5 of 11 Date: November 29, 2017 Revision no.: 01 1.2 SERVICES MANUFACTURER'S SERVICES (FILTER EQUIPMENT): The services of a qualified Leopold technical representative to instruct the Contractor's personnel about the proper installation technique of the filter equipment will be provided for a period of (4) days (8 hr/day) on site in two (2) trips. Additional services may be obtained at the current prevailing rate plus living and travel expenses 2 Price & Scope of Supply 2.1 MAIN SCOPE BASIS of PRICING: Any items and/or accessories not specifically called out in this quotation must be construed as being furnished by others. This quotation is considered firm for 90 days. Orders received more than 90 days after the date of this quotation is reviewed by Xylem Water Solutions USA, Inc before acceptance and is subject to changes in prices or delivery depending on conditions existing at the time of entry. Quoted prices are firm for delivery within 12 months from the delivery date stipulated in the plans & specifications or mutually agreed upon by Xylem Water Solutions USA, Inc. and Purchase Order issuer at time of order placement. We do not include any applicable taxes. Orders resulting from this quotation should be addresses to Xylem Water Solutions USA, Inc. 227 S. Division St., Zelienople, PA, 16063, USA. We propose to furnish the material described in this document for a total selling price of $ 138,500. All prices are DAP jobsite with full freight allowed to the job site. FILTER MEDIA WARRANTY (if applicable): SELLER warrants that its filter media products will meet the standards established by the latest edition of AWWA (American Water Works Association) B100. SELLER shall be responsible for verifying that the filter media meets or exceeds the AWWA B100 Standard at the point of sale. Testing shall be by an independent laboratory, which regularly performs testing of filter media. BUYER shall notify Xylem Water Solutions USA, Inc. immediately upon discovery of any defective product. The SELLER shall have the right to inspect said product and BUYER shall, if requested, return the defective product to the SELLER with transportation prepaid. NO Page 182 of 437 Project number: I17473 Page 6 of 11 Date: November 29, 2017 Revision no.: 01 LIABILITY IS ASSUMED BY THE SELLER UNDER ANY CIRCUMSTANCES FOR LABOR, MATERIAL OR OTHER COSTS ASSOCIATED WITH THE REMOVAL OR REPLACEMENT OF MEDIA UNLESS PREVIOUSLY APPROVED IN WRITING BY AN AUTHORIZED EMPLOYEE OF THE SELLER. For further information pertaining to the equipment contained in this proposal, please contact our area representative, who is: Environmental Improvements, Inc 235 Trademark Drive Buda, TX 78610 Phone: (512) 295-3733 Attention: Brian Phenegar Pricing is based on the following payment terms (net 30 days): 10% following initial submittal for approval 80% following the date of the respective shipments of the product 5% following installation, not to exceed 150 days after shipment of the product 5% following start-up, not to exceed 180 days after shipment of the product 3 Commercial Terms & Conditions 3.1 DELIVERY SCHEDULE 3.1.1 Delivery time Delivery of fabricated items and filter media 6 to 8 weeks after drawing approval. 3.1.2 Production schedule Submittal of mechanical drawings for approval 2 to 3 weeks after order acceptance. 3.2 T&C’S FOR PROPOSAL 1. Agreement, Integration and Conflict of Terms. These terms and conditions, together with any special conditions expressly incorporated thereto in the quotation or sales form, are to govern any sale between the Seller and Buyer. The Seller shall m ean the applicable affiliate of Xylem Inc. that is party to the Agreement (“Seller”). The Buyer shall mean the entity that is party to the Agreement with Seller. This writing is an offer or counteroffer by Seller to sell the goods and/or services set forth on the quotation or sales form subject to these terms and conditions and is expressly made conditional on Buyer’s assent to these terms and conditions. Acceptance by Buyer is expressly limited to these terms and conditions. Any additional or different terms and conditions contained in Buye r’s purchase order or other communication shall not be effective or binding upon Seller unless specifically agreed to in writing by Seller; Se ller hereby objects to any such conditions, and the failure of Seller to object to specific provisions contained in any purchase or der or other communication from Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provi sions. Page 183 of 437 Project number: I17473 Page 7 of 11 Date: November 29, 2017 Revision no.: 01 Neither Seller’s commencement of performance nor delivery shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions. Buyer agrees that these terms and conditions, together with any accompanying quotation and any special conditions or limited process guarantees or documents referred to or included within the quotation and expressly made a part of this agreement, (e.g., drawings, illustrations, specifications, or diagrams), is the complete and final agreement between Buyer and the Seller (“Agr eement”). In the case of any conflict among the foregoing documents, these terms shal l take precedence with the exception of price and delivery which shall be governed by the order acknowledgment (if any) and invoice, and the warranty which shall be governed by Seller’s pro duct documentation. This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties and, further, can only be altered, modified or amended with the express written consent of Seller. 2. Quotation, Withdrawal, Expiration. Quotes are valid for thirty (30) calendar days from the date of issuance unless otherwise provided therein. Seller reserves the right to cancel or withdraw the quotation at any time with or without notice or cause prior to acceptance by Buyer. There is no Agreement if any conditions specified within the quotation or sales form are not completed by Buyer to Seller’s satisfaction within thirty (30) calendar days of Seller’s acknowledgement in writing of an order. Seller nevertheless reserv es its right to accept any contractual documents received from Buyer after this 30-day period. 3. Prices. Prices apply to the specific quantities stated on the quotation or sales form. Prices include standard packing according to Seller's specifications for delivery. All costs and taxes for special packing requested by Buyer, including packing for exports, shall be paid by Buyer as an additional charge. Prices are subject to change without notice. The price for the goods does not include any applicable sales, use, excise, GST, VAT, or similar tax, duties or levies. Buyer shall have the responsibility for the payment of such taxes if applicable. 4. Payment Terms. Seller reserves the right to require payment in advance or C.O.D. and otherwise modify credit terms should Buyer’s credit standing not meet Seller’s acceptance. Unless different payment terms are expressly set forth in the quotation or sales form or order acknowledgment or Sales Policy Manual, goods will be invoiced upon shipment. Payment shall be made in the local currency where Seller’s office is located and to which the order has been submitted. Payment in full is due within thirty (30) days from the invoice date unless otherwise stated in Seller’s documentation. In the event payment is not made when due, Buyer agrees to pay Seller a service or finance charge of the lesser of (i) one and one-half percent (1.5%) per month (18% per annum), or (ii) the highest rate permitted by applicable law, on the unpaid balance of the invoice from and after the invoice due date. Buyer is responsible for all costs and expenses associated with any checks returned due to insufficient funds. All credit sales are subject to prior approval of Seller's credit department. Export shipments will require payment prior to shipment or an appropriate Letter of Credit. If, during the performance of the contract with Buyer, the financial responsibility or condition of Buyer is such that Seller in good faith deems itself insecure, or if Buyer beco mes insolvent, or if a material change in the ownership of Buyer occurs, or if Buyer fails to make any payments in accordance with the terms of its contract with Seller, then, in any such event, Seller is not obligated to continue performance under the contract and may stop goods in transit and defer or decline to make delivery of goods, except upon receipt of satisfactory security or cash payments in advance, or Seller may te rminate the order upon written notice to Buyer without further obligation to Buyer whatsoever. If Buyer fails to make payments or fails to furnish security satisfactory to Seller, then Seller shall also have the right to enforce payment to the full contract price of the work compl eted and in process. Upon default by Buyer in payment when due, Buyer shall immediately pay to Seller the entire unpaid amounts for any and all shipments made to Buyer irrespective of the terms of said shipment and whether said shipments are made pursuant to this Agree ment or any other contract of sale between Seller and Buyer, and Seller may withhold all subsequent shipments until the full amount is settled. Acceptance by Seller of less than full payment shall not be a waiver of any of its rights hereunder. Buyer shall not assign or transfer this Agreement or any interest in it, or monies payable under it, without the written consent of Seller and any assignment made without such consent shall be null and void. 5. Title, Delivery, Risk of Loss. Delivery dates are estimates, and time is not of the essence. Unless otherwise specified by Seller, delivery and transfer of risk of loss for shipments to Buyers that are not Related Party Buyers will be made Incoterms 2010 Ex Works (Seller’s plant or Distribution Center). Title shall pass when risk of loss transfers. Seller shall not be responsible to Buyer for any loss, whether direct, indirect, incidental or consequential in nature, including without limitation loss of profits or liquidated damages, arising out of or relating to any failure of the goods to be delivered by the specified delivery date. In the absence of specific instructions, Seller will select the carrier. Buyer shall reimburse Seller for the additional cost of its performance resulting from inaccurate or lack of delivery instruc tions, or by any act or omission on Buyer’s part. Any such additional cost may include, but is not limited to, storage, insurance, protecti on, re- inspection and delivery expenses. Buyer further agrees that any payment due on delivery shall be made on delivery into stor age as though goods had been delivered in accordance with the order. Related Party Buyers are defined as Buyers, directly or indirectly, owned more than 50% by Xylem Inc. or under significant or joint control by Xylem Inc. For export shipments from the USA to Related Party Buyers, title and risk of loss for the material shall pass to the Related Party Buyer at the port of destination. Incoterm 2010 shall be DAP (Destination). Related Party Buyer shall be importer of record for any customs clearance. For shipments to Related Party Buyers that are not export shipments from the USA, delivery and transfer of risk of loss shall be Incoterm 2010 FCA (Seller’s plant or Distribution Center) unless otherwise specified. Title shall pass when the risk of loss passes to Buyer. Buyer grants to Seller a continuing security interest in and a lien upon the products and the proceeds thereof (including insurance proceeds), as security for the payment of all such amounts and the performance by Buyer of all of its ob ligations to Seller pursuant to this Agreement and all such other sales, and Buyer shall have no right to sell, encumber or dispose of the products. Buyer shall execute any and al l financing statements and other documents and instruments and do and perform any and all other acts and things which Seller may consider necessary, desirable or appropriate to establish, perfect or protect Seller's title, security interest and lien. In addition, Buyer aut horizes Seller and its agents and employees to execute any and all such documents and instruments and do and perform any and all such acts and things, at Buyer's Page 184 of 437 Project number: I17473 Page 8 of 11 Date: November 29, 2017 Revision no.: 01 expense, in Buyer's name and on its behalf. Such documents and instruments may also be filed without the signature of Buyer to the extent permitted by law. 6. Warranty. For goods sold by Seller to Buyer that are used by Buyer for personal, family or household purposes, Seller warrants the goods to Buyer on the terms of Seller’s limited warranty available on Seller’s website. For goods sold by Seller to Buyer for any other purpose, Seller warrants that the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts" or consumables all of which are not warranted except as otherwis e provided in the quotation or sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (ii) free from defects in material and workmanship for a period of one (1) year from the date of installation or eighteen (18) months from the date of shipment (which date of shipment shall not be greater than thirty (30) days after receipt of notice that the goods are ready to ship), whichever shall occur first, unless a longer period is provided by law or is specified in the product documentation (the “Warranty”). For services, the warranty period shall be three (3) months from the date of invoice unless otherwise expressly set forth in the quotation or sales form or order acknowledgment. Except as otherwise provided by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any produc t which fails to conform with the Warranty; provided, however, that under either option, Seller shall not be obligated to remove the defective product or install the replaced or repaired product and Buyer shall be responsible for all other costs, including, but not limited to, s ervice costs, shipping fees and expenses. Seller shall have complete discretion as to the method or means of repair or replacement. Buyer’s failure to comply with Seller’s repair or replacement directions shall constitute a waiver of its rights and render all warranties void. Any parts repaired or replaced by Seller under the Warranty are warranted only for the balance of the warranty period on the parts that were repaired or replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days of the date when any defects are first manifest. Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that: (a) have been repaired by third parties other than Seller or without Seller’s written app roval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosi on, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the u se of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer any warranty rece ived from Seller’s supplier of such products. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU LAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE PROVIDED BY LAW, BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE BUYER HEREUNDER. IN NO EVENT IS SELLER LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. 7. Inspection. Buyer shall have the right to inspect the goods upon their receipt. When delivery is to Buyer’s site or to a project site (“Site”), Buyer shall notify Seller in writing of any nonconformity of the goods with this Agreement within three (3) days fr om receipt by Buyer, unless a shorter period is required in Seller’s quot ation. For all other deliveries, Buyer shall notify Seller in writing of any nonconformity with this Agreement within fourteen (14) days from receipt by Buyer. Failure to give such applicable notice shall constitute a waiver of Buyer's right to inspect and/or reject the goods for nonconformity and shall be equivalent to an irrevocable acceptance of the goods by Buyer. Claims for loss of or damage to goods in transit must be made to the carrier, and not to Seller. 8. Seller’s Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL SELLER’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY BUYER UNDER THIS AGREEMENT. SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LIQUIDATED, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL BE EFFECTIVE WITHOUT REGARD TO SELLER’S ACTS OR OMISSIONS OR NEGLIGENCE OR STRICT LIABILITY IN PERFORMANCE OR NON-PERFORMANCE HEREUNDER. 9. USED EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, USED EQUIPMENT IS SOLD IN AN AS IS, WHERE IS CONDITION. SELLER MAKES NO REPRESENTTIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY OR CONDITION OF THE EQUIPMENT, OR ITS SUITABILITY FOR ANY USE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPRESSLY AGREED UPON IN WRITING BETWEEN THE PARTIES. SELLER SHALL HAVE NO LIABILITY TO BUYER HEREUNDER OR IN CONNECTION WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF INCOME, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. Page 185 of 437 Project number: I17473 Page 9 of 11 Date: November 29, 2017 Revision no.: 01 10. Force Majeure. Seller may cancel or suspend this Agreement and Seller shall have no liability for any failure to deliver or perform, or for any delay in delivering or performing any obligations, due to acts or omissions of Buyer and/or its contractors, or due to circumstances beyond Seller’s reasonable control, including but not limited to acts of God, fire, flood or other natural disasters, war and civil disturbance, riot, acts of governments, terrorism, disease, currency restrictions, labor shortages or disputes, unavailability of materials, fuel, power, energy or transportation facilities, failures of suppliers or subcontractors to effect deliveries, in which case the time for performance shall be extended in an amount equal to the excused period, provided that Seller shall have, as soon as reasonably practicable after i t has actual knowledge of the beginning of any excusable delay, notified Buyer of such delay, of the reason therefor a nd of the probable duration and consequence thereof. Seller shall use its best efforts to eliminate the cause of the delay, interruption or cessation and to resume performance of its obligations hereunder with the least possible delay. 11. Cancellation. Except as otherwise provided in this Agreement, no order may be cancelled on special or made-to-order goods or unless otherwise requested in writing by either party and accepted in writing by the other. In the event of a cancellation by Buyer, Buyer shall, within thirty (30) days of such cancellation, pay Seller a cancellation fee, which shall include all costs and expenses i ncurred by Seller prior to the receipt of the request for cancellation including, but not limited to, all commitments to its suppli ers, subcontractors and others, all fully burdened labor and overhead expended by Seller, plus a reasonable profit charge.” Return of goods shall be in accordance with Seller’s most current Return Materials Authorization and subject to a minimum fifteen percent (15%) restocking fee, unless otherwise specified. Notwithstanding anything to the contrary herein, in the event of the commencement by or against Buyer of any voluntary or involuntary proceedings in bankruptcy or insolvency, or in the event Buyer shall be adjusted bankrupt, make a general assignment for the benefit of its creditors, or if a receiver shall be appointed on account of Buyer’s insolvency, or if Buyer fails to make payment when due u nder this Agreement, or in the event Buyer does not correct or, if immediate correction is not possible, commence and diligently continue action to correct any default of Buyer to comply with any of the provisions or requirements of this Agreement within ten (10) calendar days after being notified in writing of such default by Seller, Seller may, by written notice to Buyer, without prejudice to any other rights or remedies which Seller may have, terminate its further performance of this Agreement. In the event of such termination, Seller shall b e entitled to receive payment as if Buyer has cancelled the Agreement as per the preceding paragraph. Seller may nevertheless elect to com plete its performance of this Agreement by any means it chooses. Buyer agrees to be responsible for any additional costs incurred by Seller in so doing. Upon termination of this Agreement, the rights, obligations and liabilities of the parties which shall have arisen or been incurred under this Agreement prior to its termination shall survive such termination. 12. Drawings. All drawings are the property of Seller. Seller does not supply detailed or shop working drawings of the goods; however, Seller will supply necessary installation drawings. The drawings and bulletin illustrations submitted with Seller's quotation show general type, arrangement and approximate dimensions of the goods to be furnished for Buyer’s information only and Seller makes no representation or warranty regarding their accuracy. Unless expressly stated to the contrary within the quotation or sales fo rm, all drawings, illustrations, specifications or diagrams form no part of this Agreement. Seller reserves the right to alter such details in design or arrangement of its goods which, in its judgment, constitute an improvement in construction, application or operation. All engineering information necessary for installation of the goods shall be forwarded by Seller to Buyer to upon Buyer’s acceptance of this Agreement. After Buyer’s acceptance of this Agreement, any changes in the type of goods, the arrangement of the goods, or application of the goods requested by Buyer will be made at Buyer's expense. Instructions necessary for installation, operating and maintenance will be supplied when the goods are shipped. 13. Proprietary Information, Injunction. Seller’s designs, illustrations, drawings, specifications, technical data, catalogues, “know-how”, economic or other business or manufacturing information (collectively “Proprietary Information”) disclosed to Buyer shall be deemed proprietary and confidential to Seller. Buyer agrees not to disclose, use, or reproduce any Proprietary Information without first having obtained Seller’s express written consent. Buyer’s agreement to refrain from disclosing, using or reproducing Proprietary Information shall survive completion of the work under this Agreement. Buyer acknowledges that its improper disclosure of Proprietary Informatio n to any third party will result in Seller’s suffering irreparable harm. Seller may seek injunctive or equitable relief to prevent Buyer’s unauthorized disclosure. 14. Installation and Start-up. Unless otherwise agreed to in writing by Seller, installation shall be the sole responsibility of Buyer. Where start-up service is required with respect to the goods purchased hereunder, it must be performed by Seller's authorized personnel or agents; otherwise, the Warranty is void. In the event Buyer has engaged Seller to provide an engineer for start-up supervision, such engineer will function in a supervisory capacity only and Seller shall have no responsibility for the quality of workmanship of the installation. In any event, Buyer understands and agrees that it shall furnish, at Buyer's expense, all necessary foundations, supplies, la bor and facilities that might be required to install and operate the goods. 15. Specifications; Back-charges. Changes in specifications requested by Buyer are subject to approval in writing by Seller. In the event such changes are approved, the price for the goods and the delivery schedule shall be changed to reflect such changes. Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior wri tten consent of an authorized employee of Seller. 16. Buyer Warranty. Buyer warrants the accuracy of any and all information relating to the details of its operating conditions, including temperatures, pressures, and where applicable, the nature of all hazardous materials. Seller can justifiably rely upon the a ccuracy of Buyer’s information in its performance. Should Buyer’s information prove inaccurate, Buyer agrees to reimburse Seller for any losses, liabilities, damages and expenses that Seller may have incurred as a result of any inaccurate information provided by Buyer to Seller. Page 186 of 437 Project number: I17473 Page 10 of 11 Date: November 29, 2017 Revision no.: 01 17. Minimum Order. Seller reserves the right to refuse to process any order that does not meet quantity requirements that Seller may establish for any given product or group of products. 18. Quality Levels. Prices are based on quality levels commensurate with normal processing. If a different quality level is required, Buyer must specify its requirements, as approved in writing by Seller, and pay any additional costs that may be applicable. 19. Product Recalls. In cases where Buyer purchases for resale, Buyer shall take all reasonable steps (including, without limitation, those measures prescribed by the seller): (a) to ensure that all customers of the Buyer and authorised repairers who own or use affected products are advised of every applicable recall campaign of which the Buyer is notified by the Seller; (b) to ensure that modifications notified to Buyer by Seller by means of service campaigns, recall campaigns, service programmes or otherwise are made with respect to any products sold or serviced by Buyer to its customers or authorized repairers. The reimbursement of Buyer for parts and labor used in making those modifications shall be as set forth in the campaign or program instructions. Without the prior consent of the Seller, the Buyer shall not disclose to any third party the information contained in service campaign, recall campaign or service programme literature. Should Buyer fail to perform any of the actions required under this section, Seller shall have the right to obtain names and address of the Buyer’s customers and shall be entitled to get into direct contact which such customers. 20. GOVERNING LAW. THE TERMS OF THIS AGREEMENT AND ALL RIGHTS AND OBLIGATIONS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE JURISDICTION WHERE SELLER’S OFFICE IS LOCATED TO WHICH THIS ORDER HAS BEEN SUBMITTED (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. 21. Export Regulation. Seller’s products, including any software, documentation and any related technical data included with, or contained in, or utilized by such products or deliverables, may be subject to applicable export laws and regulations, including United States Export Administration Regulations, and Buyer shall complay with all such applicable laws and regulations. In particular, the Buyer shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release any product to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any product is prohibited by applicable law, regulation or rule. The Buyer shall be responsible for any breach of this Section 20. 22. Titles. The section titles are for reference only, and shall not limit or restrict the interpretation or construction of this Agreement. 23. Waiver. Seller’s failure to insist, in any one or more instances, upon Buyer’s performance of this Agreement, or to exercise any rights conferred, shall not constitute a waiver or relinquishment of any such right or right to insist upon Buyer’s performance in a ny other regard. 24. Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. AGREEMENT TO PURCHASE: BUYER agrees ACCEPTANCE: SELLER hereby accepts to purchase the equipment and services herein BUYER'S offer to purchase. in accordance with the terms and conditions set forth above. ________________________________________ Xylem Water Solutions USA, Inc. (BUYER) BY:____________________________________ BY:_________________________________ ____________________________________ _________________________________ ____________________________________ _________________________________ Page 187 of 437 Project number: I17473 Page 11 of 11 Date: November 29, 2017 Revision no.: 01 ______________________, 20 __________ _____________________, 20 _________ Page 188 of 437 227 South Division Street Zelienople, PA 16063 Tel: 724/453-2062 Fax: 724/452-1377 To: Mike Welch City Georgetown, TX Mike, In response to your recent request, Xylem Water Solutions U.S.A., Inc. respectfully presents the following information. Leopold, a Xylem brand, is the Sole Source supplier of the Type S Underdrain equipment, I.M.S 200 media retainer and inspection services required for filter #2. Leopold, a Xylem brand, is the manufacturer and markets the product direct to municipalities and general contractors through this office and our representatives. The existing air header pipe in the filter is compatible with the Type S underdrain and can be reuse on the filter replacement if required. We trust this information meets with your requirements. Should you have any questions or require additional information, please do not hesitate to contact us. Best regards, Bruce Wolfe Senior Sales Engineer Page 189 of 437 Proposal Lake WTP Georgetown, TX Prepared for: City of Georgetown 12/15/2017 City of Georgetown Contract # 18-0040-GCPage 190 of 437 Xylem Water Solutions USA, Inc. 227 S. Division St. Zelienople, PA 16063 Mr. Bruce Wolfe Direct: 724-453-2062 Mobile: 724-504-0366 Email: bruce.wolfe@xyleminc.com 12/15/2017 Project name : Georgetown, TX Project number : I17473 rev01 City of Georgetown: Based on your inquiry, we are pleased to forward the following proposal to your attention. Thank you for the opportunity to offer our equipment and services for the Georgetown, TX Lake WTP project. We hope that our proposal comes up to your expectation. If you have any questions please do not hesitate to contact me or our local representative. Respectfully, Bruce Wolfe Senior Sales Engineer City of Georgetown Contract # 18-0040-GCPage 191 of 437 Page 3 of 8 Date: December 15, 2017 Project number: I17473 Revision no.: 02 Table of Contents 1 Technical Description .................................................................................................. 4 2 Price & Scope of Supply............................................................................................... 5 3 Commercial Terms & Conditions................................................................................ 6 City of Georgetown Terms & Conditions.................................................................... 8 City of Georgetown Contract # 18-0040-GCPage 192 of 437 Page 4 of 8 Project number: I17473 Revision no.: 02 1 Technical Description 1.1 SCOPE OF SUPPLY We are pleased to offer the following materials and services by Xylem Water Solutions USA, Inc. This quotation has been prepared using previous Leopold contract M6-5030 and Leopold specifications. FILTER UNDERDRAIN SYSTEM FILTER #2: LEOPOLD UNIVERSAL TYPE S UNDERDRAIN: Under this section, we propose to furnish Leopold Universal Type S Underdrain of the Dual/Parallel Lateral type, manufactured from corrosion resistant, high density polyethylene for installation in one (1) filter cell. The filter cell measures 21'-11" lateral run x 10'-0". The total filter area is 220 square feet. The blocks shall be arranged end-to-end and mechanically joined with an O-ring to form continuous underdrain laterals approximately equivalent to the length of the filter cell. The joints shall be gasketed, bell and spigot type with internal alignment tabs for proper alignment, and be air and water tight. Joints shall be snap-lock type so that the blocks are joined with integral interlocking snap lugs and lug receptors for ease of assembly and installation of the laterals, and supplied with carbon steel "L" anchor rods. I.M.S 200 MEDIA RETAINER: Under this section, we propose to furnish 220 square feet of I.M.S 200 media retainer. The scope includes molded thermoplastic I.M.S 200 media retainer factory installed onto the proposed Leopold Universal Type S Underdrain block prior to shipment. AIR HEADER PIPING: The existing air header pipe shall be reused. FILTER MEDIA: One (1) filter cell, 220 square feet 900 cubic feet FILTER ANTHRACITE – 48” Depth plus 1” skimming allowance Effective Size: 1.00 mm to 1.10 mm Uniformity coefficient: 1.40 22.5 Tons Date: December 15, 2017 City of Georgetown Contract # 18-0040-GCPage 193 of 437 Page 5 of 8 Project number: I17473 Revision no.: 02 1.2 SERVICES MANUFACTURER'S SERVICES (FILTER EQUIPMENT): The services of a qualified Leopold technical representative to instruct the Contractor's personnel about the proper installation technique of the filter equipment will be provided for a period of (4) days (8 hr/day) on site in two (2) trips. Additional services may be obtained at the current prevailing rate plus living and travel expenses 2 Price & Scope of Supply 2.1 MAIN SCOPE BASIS of PRICING: Any items and/or accessories not specifically called out in this quotation must be construed as being furnished by others. This quotation is considered firm for 90 days. Orders received more than 90 days after the date of this quotation is reviewed by Xylem Water Solutions USA, Inc before acceptance and is subject to changes in prices or delivery depending on conditions existing at the time of entry. Quoted prices are firm for delivery within 12 months from the delivery date stipulated in the plans & specifications or mutually agreed upon by Xylem Water Solutions USA, Inc. and Purchase Order issuer at time of order placement. We do not include any applicable taxes. Orders resulting from this quotation should be addresses to Xylem Water Solutions USA, Inc. 227 S. Division St., Zelienople, PA, 16063, USA. We propose to furnish the material described in this document for a total selling price of $ 138,500. All prices are DAP jobsite with full freight allowed to the job site. FILTER MEDIA WARRANTY (if applicable): SELLER warrants that its filter media products will meet the standards established by the latest edition of AWWA (American Water Works Association) B100. SELLER shall be responsible for verifying that the filter media meets or exceeds the AWWA B100 Standard at the point of sale. Testing shall be by an independent laboratory, which regularly performs testing of filter media. BUYER shall notify Xylem Water Solutions USA, Inc. immediately upon discovery of any defective product. The SELLER shall have the right to inspect said product and BUYER shall, if requested, return the defective product to the SELLER with transportation prepaid. NO LIABILITY IS Date: December 15, 2017 City of Georgetown Contract # 18-0040-GCPage 194 of 437 Page 6 of 8 Project number: I17473 Revision no.: 02 ASSUMED BY THE SELLER UNDER ANY CIRCUMSTANCES FOR LABOR, MATERIAL OR OTHER COSTS ASSOCIATED WITH THE REMOVAL OR REPLACEMENT OF MEDIA UNLESS PREVIOUSLY APPROVED IN WRITING BY AN AUTHORIZED EMPLOYEE OF THE SELLER. For further information pertaining to the equipment contained in this proposal, please contact our area representative, who is: Environmental Improvements, Inc 235 Trademark Drive Buda, TX 78610 Phone: (512) 295-3733 Attention: Brian Phenegar Pricing is based on the following payment terms (net 30 days): 10% following initial submittal for approval 80% following the date of the respective shipments of the product 5% following installation, not to exceed 150 days after shipment of the product 5% following start-up, not to exceed 180 days after shipment of the product 3 Commercial Terms & Conditions 3.1 DELIVERY SCHEDULE 3.1.1 Delivery time Delivery of fabricated items and filter media 6 to 8 weeks after drawing approval. 3.1.2 Production schedule Submittal of mechanical drawings for approval 2 to 3 weeks after order acceptance. 3.2 T&C’S FOR PROPOSAL (See attached City of Georgetown T&Cs) AGREEMENT TO PURCHASE: BUYER agrees ACCEPTANCE: SELLER hereby accepts Date: December 15, 2017 City of Georgetown Contract # 18-0040-GCPage 195 of 437 Page 7 of 8 Project number: I17473 Revision no.: 02 to purchase the equipment and services herein BUYER'S offer to purchase. in accordance with the terms and conditions set forth above. ________________________________________ Xylem Water Solutions USA, Inc. (BUYER) BY:____________________________________ BY:_________________________________ ____________________________________ _________________________________ ____________________________________ _________________________________ ______________________, 20 __________ _____________________, 20 _________ Date: December 15, 2017 City of Georgetown Contract # 18-0040-GCPage 196 of 437 CITY OF GEORGETOWN PURCHASE ORDER STANDARD TERMS AND CONDITIONS 1.ACCEPTANCE: Acceptance of this order must be without qualifications. CITY hereby objects to and will not be bound by any different or additional terms and conditions contained in the acceptance unless each such different or additional term is expressly agreed to in writing by the City. Seller’s action in (a) accepting this order, (b) delivering materials, or (c) performing services called for hereunder shall constitute an acceptance of the terms and conditions below and on this order. 2.CHANGES/QUANTITIES: No changes may be made in this order without written authorization of the CITY. Ship exact quantities ordered except in instances where this is impractical such as material in bulk, uneven lengths, etc., in which case nearest amount available and not exceeding specified quantity is acceptable. 3.INVOICES/DISCOUNTS: Invoice must be submitted by the vendor in duplicate to the City of Georgetown, Accounts Payable, P.O. Box 409, Georgetown, Texas 78627. If invoices are subject to a cash discount, discount period to be taken from the date of completion of order or date of receipt in invoice, whichever occurs last regardless of whether or not correct discount terms appear on invoice. All invoices to be paid in full within 30 days after satisfactory delivery and billing unless otherwise specified or mutually agreed upon before this order was placed. The City of Georgetown will not be liable for payment of invoices received six (6) months after order completion (defined as “Acceptance”). 4.TAXES: This purchase order when properly executed by the CITY serves as a tax exemption certificate in that the CITY, as a municipality, claims an exemption from payment of. These taxes must not be included on invoice. For Community Development contracts entered into between the successful contractor and homeowner, contractor shall pay all applicable taxes on material (i.e. material is not tax exempt). 5.PATENTS: Upon acceptance of this order, the vendor agrees to protect the CITY from any claim involving patent right infringements, copyrights, or sale franchises. 6.SHIPPING: All shipments to be prepaid. Where specific purchase is negotiated F.O.B. shipping point, the vendor is to prepay shipping charges and add to invoice. In shipments made direct by vendor’s supplier, vendor is required to notify his supplier to prepay shipments. 7.RISK OF LOSS: Risk of loss, damage or destruction of the materials covered by this order shall be borne by the Seller until delivery in good condition of conforming products at the F.O.B. point designated on this order. Any rejected goods shall be at the Seller’s risk until returned to Seller, at Seller’s expense, or otherwise disposed of as Seller shall reasonably request. 8.DELIVERIES: All deliveries to be made to the CITY’s Central Receiving location at 300-1 Industrial Ave, Georgetown, Texas 78626 unless otherwise specified on the face of this order. Deliveries will be accepted only during normal working hours on normal working days (8 a.m.-5 p.m., Monday through Friday). Unless otherwise indicated, items received must be new and in first class condition and if type of materials normally packaged for protection and convenience in storage, shall be in proper container. All services performed shall conform to the quality and workmanship of the accepted standards in the industry. 9.VERBAL ORDERS: The terms and conditions on this form also apply to emergency and rush orders placed verbally with vendors already familiar with these terms and conditions, in which case a confirming purchase order stamped “CONFIRMATION” will be forwarded to the vendor. 10.CANCELLATIONS: The CITY reserves the right to cancel purchase orders for failure on the part of the vendor to deliver as promised, or within a reasonable time if no delivery commitment is made unless acceptable notification of delay is given to the CITY by the vendor. 11.LIABILITY: Any person, firm or corporation performing services pursuant to this purchase order shall be liable for all damages incurred while in performance of such services. Supplier assumes full responsibility for the products, services and work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees, from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third person, supplier, or an employee, or representative of either o f the parties hereto, and any loss of or damage to property, whether the same be that of either of the parties hereto or of third parties, caused by or alleged to be caused by, arising out of or in connection with the issuance of this order to Seller, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Certificates of Insurance may be required for but not limited to Commercial General Liability, Business Auto Liability, Workers Compensation, and Professional Liability Insurance as determined solely by the CITY, except to the proportionate extent that such actions, claims, demands, proceedings, losses and expenses were caused by the Indemnified Parties or any of them. It is the expressed intention of the parties, that each of them shall be liable for the consequences of their own negligent acts or omissions whether those acts or omission are the sole, joint, on concurring causes of any claims, demands, proceedings, losses or other liabilities. Buyer and Seller waive against each other, and against the other’s officers, directors, members, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or related to the Contract. The parties further agree that the total liability of each party to the other for claims, costs, losses, and damages arising from this Contract shall be limited to the amount established in the Agreement as the Contract Price. The terms of this overall Limitation of Liability do not apply to or limit any claim by either party against the other based on the following: (a) costs, losses, or damages asserted by third parties for bodily injury, sickness, disease, or death, or to injury to or destruction of the tangible property; or (b) gross negligence or willful misconduct. 12.PERSONAL INTEREST: Chapter 2.20 et seq. of the City of Georgetown Code of Ordinances is applicable to any order placed by the City and states in part that members of the City Council and officers and employees of the City shall comply with state law pertaining to conflicts of interest of local government officials, including Texas Local Government Code, Chapter 171, as amended.City of Georgetown Contract # 18-0040-GCPage 197 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Forwarded fro m G eorg etow n Uti l i ty Systems Advi so ry B oard (G US): Consideration and po ssible action to approve the follo wing bi d award for Water and Wastew ater Treatment P l ant chemi cal (Sodi um Hypochl ori te) to Brenntag Southw est, Inc. -- Glenn W. Dishong, Utility Director ITEM SUMMARY: The purpose of this bid is to provide water and wastewater treatment chemicals as part of the plant operations treatme nt requirements. Four (4) bids were received. Lo west bid items were reviewed for compliance with the spe cificatio ns and reference chec ks were performed. The term o f co ntract: For one (1) year and may be rene wed for four (4) one -ye ar periods upon review and approval by the City. COMMENTS: Staff recommends award o f the bids to the lowest re spo nsive bidder for each item or lot as appropriate. STAF F RECOMMENDATIONS: Staff recommends award of the bids to the lowest re spo nsive bidder, Brenntag Southwest Inc., for each item per attachment summary. B OARD RECOMMENDATION: This item was unanimo usly approved for recommendation to Council by the GUS Board at their meeting held on January 12, 2018. FINANCIAL IMPACT: The total annual cost is the projected cost of chemicals upon historical treatment process vo lume. Funds for this additional expe nditure are available in the water waste water treatment budget. Fund Annual Budge t 660-5-0529-51-1 49 Chemicals $560,0 00 .00 660-5-0531-51-1 49 Chemicals $95,00 0.0 0 SUBMITTED BY: David Thomiso n, Water Services Manager (skm) ATTACHMENT S: Description Recommendatio n ltr Bid Tab Co ntract Page 198 of 437 Page 1 of 1 Solicitation Award Recommendation From: Deborah Knutson, CPPB – Senior Buyer, Purchasing Date: December 11, 2017 Re: Recommendation for Solicitation # 201801 – Sodium Hypochlorite 12.5% SUMMARY: The City’s current contract for Sodium Hypochlorite was not renewed on October 1, 2017 due to a change in the Vendor’s chemical source resulting in an increase in cost over 50%. Therefore, a formal solicitation was issued for Sodium Hypochlorite for the following locations: Lake Georgetown Surface Water Treatment Plant, Park Water Treatment Plant, South Side Water Treatment Plant, San Gabriel Wastewater Treatment Plant and Domel Ground Water Treatment Plant. The solicitation was posted on the City’s Ion Wave bid system on November 5, 2017. 324 vendors were invited to bid. There were 50 HUB vendors from the City’s bid system invited and 13 Georgetown vendors. Four (4) bids were received. The bids were reviewed for compliance with the specifications. It was determined that the low bidder’s bid response was not compliant, as additional pricing was hand written at the bottom of the bid form and the bid form states that no separate line item changes shall be permitted for either bidding or invoicing purposes. Also additional cost for emergency deliveries was not provided (Bidder submitted “TBD” – Invitation to Bids are not negotiable). It was determined that the second lowest bidder was compliant and provided the best value for the City. The recommended second lowest bidder has performed services for the City previously, and the City was extremely satisfied with their performance, therefore, it was determined that reference checks were not needed. The Contract term: Initial term effective from the date of acceptance and approval and remain in full force and effect for one (1) year, with a renewal term of four (4) additional one-year terms for a total contract term of five (5) years. Pricing will be firm for the initial term, with the option for unit price adjustment at renewal term, requested in writing, and be no more than 5% increase per renewal period and shall be based on the PPI for commodity 0316-0217 (potassium and sodium compounds – ex bleach). RECOMMENDATION: Upon review of bids it is recommended that the following be awarded: • Brenntag Southwest, Inc. W. Thomas Crain, Jr. - President 610 Fisher Road Longview, Texas 75604 Telephone #: 512-278-1600 Facsimile #: 512-278-1684 E-Mail: gtollefsen@brenntag.com • Bid Pricing o Sodium Hypochlorite 12.5%: $ 0.859 per gallon. o Estimated time of delivery in days (ARO): 2 – 3 Days o Additional cost for Emergency Delivery: Included in price The City provided an estimated annual quantity of 360,805 gallons Estimated Total (not to exceed): $ 309,931.50 Page 199 of 437 Solicitation Tabulation FOR REFERENCE ONLY - This document summarizes proposals received and is not intended to replace a complete detailed evaluation of each proposal.1 Bid Invitation No./Title: 201801: Sodium Hypochlorite 12.5% Univar USA, Inc. Item # Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) 1. $0.7780 360,805 gallons $208,706.29 $ 0.8590 360,805 gallons $309,931.50 $ 0.8950 360,805 gallons $322,920.00 $ 0.8950 360,805 gallons $322,920.47 2. Bid Notes: 1. Invitations sent to 324 Vendors 2. 4.0625 % Georgetown vendors (13) 3. 15.625% HUB vendors (50) 4. Sent to 4 CMBL HUB Vendors 5. Initial term - one year from CC approval 6. Renewals - four (4) one (1) year renewals 7. Bid review & Reference checks by D. Knutson NO BID NO BID Domel Ground WTP $ 1.68/GAL.Provided information on Chemical bid None Provided information on Chemical bid Opening Date: December 5, 2017 @ 2:00 PM (CST) Brenntag Southwest, Inc.DPC Industries, Inc. Petra Chemical Company 3 Days $350.00 Best Value Reference Form: Acknowledgement of any Addenda: Description Sodium Hypochlorite 12.5% 3. Notes: FSTI, Inc. 1 - 3 Days $ 150.00 (negotiable) Estimated Time of Delivery in Days ARO: Additional cost for Emergency Delivery: (Next Day Delivery) TBD 3 - 5 Days 2 - 3 Days Included Certification and Acknowledgment: Bid Form: Page 200 of 437 Brenntag Southwest, Inc. Bid Response City of Georgetown Contract # 18-0039-GCPage 201 of 437 City of Georgetown Contract # 18-0039-GCPage 202 of 437 City of Georgetown Contract # 18-0039-GCPage 203 of 437 City of Georgetown Contract # 18-0039-GCPage 204 of 437 City of Georgetown Contract # 18-0039-GCPage 205 of 437 City of Georgetown Contract # 18-0039-GCPage 206 of 437 City of Georgetown Contract # 18-0039-GCPage 207 of 437 City of Georgetown Contract # 18-0039-GCPage 208 of 437 City of Georgetown Contract # 18-0039-GCPage 209 of 437 City of Georgetown Contract # 18-0039-GCPage 210 of 437 City of Georgetown Contract # 18-0039-GCPage 211 of 437 City of Georgetown Contract # 18-0039-GCPage 212 of 437 City of Georgetown Contract # 18-0039-GCPage 213 of 437 City of Georgetown Contract # 18-0039-GCPage 214 of 437 City of Georgetown Contract # 18-0039-GCPage 215 of 437 City of Georgetown Contract # 18-0039-GCPage 216 of 437 City of Georgetown Contract # 18-0039-GCPage 217 of 437 City of Georgetown Contract # 18-0039-GCPage 218 of 437 City of Georgetown Contract # 18-0039-GCPage 219 of 437 City of Georgetown Contract # 18-0039-GCPage 220 of 437 City of Georgetown Contract # 18-0039-GCPage 221 of 437 City of Georgetown Contract # 18-0039-GCPage 222 of 437 City of Georgetown Contract # 18-0039-GCPage 223 of 437 City of Georgetown Contract # 18-0039-GCPage 224 of 437 City of Georgetown Contract # 18-0039-GCPage 225 of 437 City of Georgetown Contract # 18-0039-GCPage 226 of 437 City of Georgetown Contract # 18-0039-GCPage 227 of 437 City of Georgetown Contract # 18-0039-GCPage 228 of 437 City of Georgetown Contract # 18-0039-GCPage 229 of 437 City of Georgetown Contract # 18-0039-GCPage 230 of 437 City of Georgetown Contract # 18-0039-GCPage 231 of 437 City of Georgetown Contract # 18-0039-GCPage 232 of 437 City of Georgetown Contract # 18-0039-GCPage 233 of 437 City of Georgetown Contract # 18-0039-GCPage 234 of 437 City of Georgetown Contract # 18-0039-GCPage 235 of 437 City of Georgetown Contract # 18-0039-GCPage 236 of 437 City of Georgetown Contract # 18-0039-GCPage 237 of 437 City of Georgetown Contract # 18-0039-GCPage 238 of 437 City of Georgetown Contract # 18-0039-GCPage 239 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Consideration and possible action to approve and ratify an Ag reement for purchase with El ster Sol uti ons LLC to provi de EnergyAxi s AMI w ater modul es and rel ated i tems for the Advanced Me te r i ng Infrastructure system and previ ous expe ndi tures for similar purchases fro m El ster Sol uti ons LLC in a to tal amo unt no t to exceed $415,00 0.0 0 - - Glenn Dishong, Utility Director and Rosemary Le de sma, Purchasing Manager ITEM SUMMARY: This item is to request approval of a sole source annual purchase agreement to Elster Solutions LLC “Honeywe ll” for continuous supply of Honeywell water module s and related items on an as needed basis. The GUS Bo ard recommended this item for appro val o n October 13, 2017. Elster So lutio ns installed AMI compatible water me ters and water modules manufactured by Ho neywell for the City’s Advanced Metering Infrastructure (AMI) system in 2010. The water products manufactured by Honeywell are proprietary parts to the AMI system. Honeywell is the manufacturer and the sole authorized distributor of Hone ywell water module s in the State of Te xas. In addition, this actio n inc ludes ratification of $238,92 2 previous expenditures in the fall of 20 17 fo r similar purc hase s from Elster So lutio ns LLC which were required to replenish stock. COMMENTS: The Lo cal Gove rnment Code, Section 2 52 .022, (7 ) (A) approves exemption from competitive bidding laws for procurement of items available from only one so urce because o f patents, copyrights, secret processe s, or natural monopolies. FINANCIAL IMPACT: Total annual cost is no t to exceed $415,000 for these parts. SUBMITTED BY: Glenn Dishong, Utility Director and Rosemary Le de sma, Purchasing Manager - SP ATTACHMENT S: Description Exemptio n F o rm S o le So urc e Letter fro m Ho neywell Els ter Solutio ns LLC Agreement Page 240 of 437 Page 241 of 437 Page 242 of 437 Page 243 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 1 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 AGREEMENT BETWEEN THE CITY OF GEORGETOWN (“City”) AND ELSTER SOLUTIONS, LLC (“Elster”) for Supply of Honeywell Water Modules and Related Items for City’s Advanced Metering Infrastructure (AMI) System Contract No. 18-0020-GC This General Supply Agreement (“Agreement”) is by and between Elster Solutions, LLC (“Elster”), having offices at 208 S. Rogers Lane, Raleigh, NC 27610 and the City of Georgetown (“City,”), a Texas Home-Rule Municipal Corporation, and is effective as of the date executed by the City (“Effective Date”). Elster and the City may be referred to herein individually as a “Party” and collectively, as the “Parties.” 1.1 This Agreement is composed of the following Agreement documents and any inconsistency or conflict in the Agreement documents shall be resolved by giving precedence in the following order with the top level precedential document always first in listings below: 1.1.1 This Agreement Summary Page; 1.1.2 Exhibit 1, Terms and Conditions; and 1.1.3 Exhibit 2, Supplemental Terms and Conditions. 1.2 Consideration. In consideration for the goods and/or services provided under this Agreement, Elster shall be paid a total not to exceed amount of $176,078 in accordance with this Agreement. Payment for goods provided shall be made, in accordance with the Price List inserted below, pursuant to the Section T of the Terms and Conditions attached hereto as Exhibit A. 1.3 Price List City Part Number HoneyPart # Part # Description Each Price 345413 3” Water MetersEVOQ 4AMI Ready 25’ Nicor conn Elster Protocol Mod $2,138.00 345414 4” Water MetersEVOQ 4AMI Ready 25’ Nicor conn Elster Protocol Mod $2,316.10 345400 ¾” Water Modules Ip 68llc $105.50 Page 244 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 2 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 1.4 The term of this Agreement shall begin on the Effective Date and end on September 30, 2018. 1.5 This Agreement (including any Exhibits) constitutes the entire and integrated agreement between the City and Elster and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be altered, amended, or modified only by a written instrument signed by the duly authorized representatives of both parties. In witness whereof, the parties have caused a duly authorized representative to execute this Agreement on the date set forth below. ELSTER SOLUTIONS, LLC CITY OF GEORGETOWN By: Signature Dale Ross, Mayor Printed Name Date Approved as to Form: Title Charlie McNabb, City Attorney Date Date Page 245 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 3 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 Exhibit 1 TERMS AND CONDITIONS A. ADVERTISING and PUBLICITY Vendor shall not advertise or otherwise publicize, without the City’s prior written consent, the fact that the City has entered into the Agreement, except to the extent required by applicable law. B. ASSIGNMENTS The Agreement shall be binding upon and inure to the benefit of the City and the Vendor, and their respective successors and assignees, provided however, that no right or interest in the Agreement shall be assigned and no obligation shall be delegated by the Vendor without the prior written consent of the City. Any attempted assignment or delegation by the Vendor shall be void unless made in conformity with this Paragraph. The Agreement is not intended to confer any rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there be no third party beneficiaries to the Agreement. C. CANCELLATION or TERMINATION 1. Termination For Cause: In the event of default by the Vendor, the City shall have the right to terminate the Agreement for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Vendor, within such ten (10) day period cures such default, or provides evidence sufficient to prove to the City’s satisfaction that such default does not, in fact, exist. Additionally, in the event of default by the Vendor, the City may remove the Vendor from the City’s Vendor List and any Offer submitted by the Vendor may be disqualified for up to three (3) years. In the event of default by the City, the Vendor shall have the right to terminate the Agreement for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the City, within such ten (10) day period cures such default, or provides evidence sufficient to prove to the Vendor’s satisfaction that such default does not, in fact, exist. Subject to the limitations set forth in Section O hereof, in addition to any other remedies available under law or in equity, a party shall be entitled to recover all actual damages, costs, losses and expenses it incurs as a result of the other partys default, including without limitation, cost of cover, reasonable attorneys’ fees, court costs and prejudgment and post-judgment interest at the maximum lawful rate. All rights and remedies under the Agreement are cumulative and not exclusive of any other right or remedy provided by law. 2. Termination Without Cause: The City shall have the right to terminate the Agreement, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Vendor shall promptly cease all further work pursuant to the Agreement, with such exceptions, if any, specified in the notice of termination. The City shall pay the Vendor for all goods delivered and obligations by Vendor incurred prior to the date of termination in accordance with the terms hereof. 3. Non-Appropriation: The resulting Agreement is a commitment of the City’s current revenues only. It is understood and agreed that the City shall have the right to terminate the Agreement if, for any reason, funds are not appropriated to continue this Agreement. 4. Cancellation: The City reserves the right to cancel the Agreement for default if the Vendor breaches any term hereof including warranties, or becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which the City may have in law or in equity. D. CLAIMS If a claim, demand, suit or other action is asserted against the Vendor which arises under or concerns the Agreement, or which could have a material adverse effect on the Vendor’s ability to perform thereunder, the Vendor shall give written notice to the City within ten (10) calendar days after receipt of notice by the Vendor. Such notice to the City shall state the date of notification of any such claim, demand, suit or other action; the names and address of the claimant(s); the basis thereof; and the name of each person against whom such claim is asserted. Such notice shall be delivered to the Purchasing Department as set forth below and to the City Attorney at PO Box 409, Georgetown, TX 78627. E. CODES, PERMITS, LICENSES Vendor shall comply with all federal, state and local standards, codes and ordinances, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations to the City. Page 246 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 4 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 F. DEFAULT Vendor shall be in default under the Agreement if the Vendor (a) fails to fully, timely and faithfully perform any of its material obligations under the Agreement, (b) fails to timely pay any fees or taxes owed to the City, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States, or (d) makes a material misrepresentation in Vendor’s quote, or in any report or deliverable required to be submitted by Vendor to the City. G. DISPUTE RESOLUTION If either the Vendor or the City has a claim, dispute or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute or breach. The notice shall state the nature of the dispute and list the party’s specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, in person or through generally accepted means, to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with, this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. H. FORCE MAJEURE Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond reasonable control. In the event of default or delay in performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. I. INDEPENDENT CONTRACTOR Nothing in this Agreement is intended to be construed as creating an employer/employee relationship, a partnership or joint venture. The Vendor’s services shall be those of an independent contractor. The Vendor agrees and understands that the Agreement does not grant any rights or privileges established for employees of the City. Vendor shall not be within protection or coverage of the City’s Worker Compensation Insurance, Health Insurance, Liability Insurance or any other insurance that the City, from time to time, may have in force. J. INDEMNITY VENDOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, CAUSES OF ACTION, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIENS, COSTS, EXPENSES, ATTORNEYS’ FEES AND ANY AND ALL OTHER COSTS, FEES AND/OR CLAIMS OF ANY KIND OR DESCRIPTION ARISING OUT OF, IN CONNECTION WITH, OR TO THE EXTENT RESULTING FROM DEFECTS IN MATERIAL OR WORKMANSHIP OF VENDOR PROVIDED GOODS, OR VENDOR PROVIDED SERVICES NOT PERFORMED IN A GOOD AND WORKMANLIKE MANNER. THE AGREEMENT OR THE GOODS OR SERVICES PROVIDED UNDER THE AGREEMENT IF THE VENDOR AND THE CITY ARE CONCURRENTLY NEGLIGENT, EACH PARTY’S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. K. INFRINGEMENT Vendor represents to the City that: (a) Vendor shall provide the City good and indefeasible title to the deliverables and (b) the deliverables supplied by the Vendor in accordance with the specifications of the Agreement shall not infringe, directly or contributory, any patent, trademark, copyright, trade secret or any other intellectual property right of any kind of any third party; that no claims have been made by an person or entity with respect to the ownership or operation of the deliverables and the Vendor does not know of any basis for any such claims. Vendor shall, at its sole expense and via legal counsel mutually agreed to by the Parties, defend, indemnify and hold the City harmless from and against all liability, damages and costs (including court costs and reasonable fees of attorneys arising out of or resulting from: (a) any claim that the City’s ownership, and if applicable, license rights, and its use of the deliverable infringes the intellectual property rights of any third party. In the event of any such claim, the City shall have the right to monitor such claim or, at Page 247 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 5 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 its option and expense, engage its own separate counsel to act on the City’s behalf. L. INSURANCE REQUIREMENTS Upon request, Vendor shall provide a copy of its proof of insurance to the City. M. INTERPRETATION The Agreement is intended by both parties as the final, complete and exclusive statement of the terms of their Agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Agreement. Although the Agreement may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner fair to both parties, reading no provision more strictly against one party of the other. Whenever a term defined by the Uniform Commercial Code (the “UCC”), as enacted by the State of Texas, is used in the Agreement, the UCC definition shall control unless otherwise defined in the Agreement. N. INVALIDITY The invalidity, illegality or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace the stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is the essence of the Agreement be determined to be void. O. LIABILITY; LIMITATION OF LIABILITY Vendor hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all third party claims, demands and causes of action to the extent caused by or alleged to have been caused by, or arising out of negligence of the Vendor, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Certificates of insurance may be required for, but not limited to, Commercial General Liability, Business Auto Liability, Workers Compensation and Professional Liability Insurance. IN NO EVENT WILL VENDOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM VENDOR’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE CONTRACT DOCUMENTS, OR THE FURNISHING, PERFORMANCE, OR USE OF ANY GOODS, SOFTWARE, OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF VENDOR), BY OPERATION OF LAW OR OTHERWISE. THE AGGREGATE LIABILITY OF VENDOR FOR ANY CLAIMS ARISING OUT OF OR RELATED TO ANY OF THE CONTRACT DOCUMENTS WILL IN NO CASE EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SPECIFIC PRODUCT, SOFTWARE, OR SERVICE GIVING RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS IF LIABILITY ARISES FROM BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), BY OPERATION OF LAW, OR OTHERWISE. P. LIENS Vendor shall defend, indemnify and hold the City harmless from and against any and all liens and encumbrances for all goods and equipment provided under this Agreement. At the City’s request, the Vendor or its subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. Q. MANAGEMENT Should there be a change in ownership or management, the Agreement may be canceled unless a mutual Agreement is reached with the new owner to continue the Agreement with its present terms, conditions and pricing. The Agreement is nontransferable by either party. R. NOTICES Unless otherwise specified, all notices, requests or other communications required or appropriate to be given under the Agreement shall be in writing and deemed delivered three (3) business days after postmarked if sent by US Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed Page 248 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 6 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 delivered upon receipt by the addressee. Routine communications may be made by first class mail, fax, or other commercially accepted means. Notices to the Vendor shall be sent to the address specified in the Vendor’s quote or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to: City of Georgetown, Purchasing Office, PO Box 409, Georgetown, TX 78627 and marked to the attention of the Purchasing Manager. S. OVERCHARGES Vendor hereby assigns to the City any and all claims for overcharges associated with this Agreement which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and/or which arise under the antitrust laws of the State of Texas, Business and Commerce Code Ann., Section 15.01, et seq. T. PAYMENT TERMS 1. Tax Exempt Status: The City is exempt from all federal excise, state and local taxes unless otherwise stated in this document. The City claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates are furnished upon request. Vendor will not charge for such taxes. If billed, the City will not remit payment until a corrected invoice is received. 2. Invoicing Requirements: Unless otherwise specified, all invoices shall be submitted to City of Georgetown, Accounts Payable, PO Box 409, Georgetown, TX 78627, and issued as required by the Purchase Order or Agreement. Each invoice must reference the unique Purchase Order number, and include the Vendor’s complete name and remit to address. If applicable, transportation and delivery charges must be itemized on the each invoice. A copy of the bill of lading and the freight waybill must be submitted with the invoice if applicable. 3. Payment Terms: All payments will be processed in accordance with Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the later of the date the City received the goods under this Agreement,or the date the City received an invoice for the goods. The Vendor may charge a late fee (fee shall not be greater than that permitted under the Texas Prompt Payment Act) for payments not made in accordance with this prompt payment policy; however, the policy does not apply to payments made by the City in the event: (a) there is a bona fide dispute between the City and Vendor concerning the goods, supplies, materials, equipment delivered, or the services performed, that causes the payment to be late; (b) the terms of a federal agreement, grant, regulation or statute prevents the City from making a timely payment with Federal funds; (c) there is a bona fide dispute between the Vendor and a subcontractor and its suppliers concerning goods, supplies, material or equipment delivered, which caused the payment to be late; or (d) the invoice is not mailed to the City in strict accordance with instructions on the Purchase Order or Agreement, or other such contractual agreement. 4. Right To Audit: The Vendor agrees that the representatives of the City shall have access to, and the rights to audit, examine, or reproduce, any and all records of the Vendor related to the performance under this Agreement. The Vendor shall retain all such records for a period of four (4) years after final payment on this Agreement or until all audit and litigation matters that the City has brought to the attention of the Vendor are resolved, whichever is longer. The Vendor agrees to refund to the City any overpayments disclosed by any such audit. 5. Firm Pricing: The price shall remain firm for the initial term of the Agreement and resulting Purchase Order. No separate line item charges shall be permitted for invoice purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges, and costs associated with obtaining permits or any other extraneous charges. 6. Price Warranty: The Vendor warrants the prices quoted are not materially higher than the Vendors current prices on orders by others for like deliverables under similar terms of purchase.. U. RIGHT TO ASSURANCES In the event the City, in good faith, has reason to question the intent of the Vendor to perform, the City may demand written assurances of the intent to perform. In the event no written assurance is given within the time specified, the City may treat this failure as an anticipatory repudiation of the Agreement. V. SEVERABILITY The invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other provision. Page 249 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 7 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 W. SURVIVABILITY OF OBLIGATIONS All provisions of the Agreement that impose continuing obligations on the parties, including but not limited to the warranty, indemnity and confidentiality obligations of the parties, shall survive the expiration or termination of the Agreement. X. VENDOR’S OBLIGATION: Vendor shall fully and timely provide all deliverables described in this Agreement in strict accordance with the terms, covenants and conditions of the Agreement and all applicable federal, state and local laws, rules and regulations. Y. VENUE This Agreement is made under and shall be governed by the laws of the State of Texas, including when applicable, the UCC as adopted in Texas, VTCA, Business & Commerce Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. This Agreement is fully performable in Georgetown, Texas, and the venue for any action related to this Agreement shall be Georgetown, Texas. All issues arising from this Agreement shall be resolved in the State or Federal Courts of Williamson County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or the ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein and does not waive the City’s defense of sovereign immunity. Z. WAIVER No claim or right arising out of a breach of the Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is in writing signed by the aggrieved party. No waiver by either the Vendor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Agreement, or an express or implied acceptance of any other existing or future default(s), whether of similar or different character. Page 250 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 8 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 Exhibit 2 Supplemental Purchase Terms and Conditions A. COMMODITIES/EQUIPMENT 1. Material Safety Data Sheets: Under the “Hazardous Communication Act,” commonly known as the “Texas Right to Know Act,” a Vendor must provide to the City WITH EACH DELIVERY Material Safety Data Sheets, which are applicable to hazardous substances as defined in the Act. 2. Assembly: Goods or equipment provided under this Agreement shall be completely assembled, adjusted, and all equipment including standard and supplemental equipment installed, and made ready for continuous operation. 3. Goods: Goods furnished shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality workmanship and material. The Vendor represents that all goods and equipment offered shall be new. Unless otherwise specified, used, shopworn, demonstrator, prototype or discontinued models are not acceptable. 4. Packaging Of Deliverables: Vendor must package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and the unit price. Unless otherwise provided in writing by the City, each shipping container shall be clearly and permanently marked with the Vendor’s name and address, and the City’s name, address and Purchase Order number. Vendor shall bear all costs of packaging. Deliverables must be suitably packed to secure lowest transportation cost, conform with requirements of common carriers and ensure safe delivery. The City’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. 5. Warranty: 5.1. Vendor warrants that goods shall be delivered free of defects in material and workmanship. The warranty remedy period for goods shall end twelve (12) months after installation or eighteen (18) months after date of shipment, whichever first occurs. Goods are defined as products manufactured by Vendor (meters, modules, equipment, etc.), including but not limited to: electric/smart meters, gatekeepers, routers, repeaters, water modules, gas modules, IP AxisLink devices, AGI nodes, mobile interrogators, VID’s, handheld meter reading units, optical probes as well as components not manufactured by Vendor but incorporated into the goods. All products repaired or replaced, if any, are warranted only for the remaining and unexpired portion of the original warranty period. If the manufacturer’s warranty exceeds twelve (12) months, then the manufacturer’s warranty shall be in effect. Vendor shall furnish a copy of the manufacturer’s warranty at the time of delivery. 5.2. In no event shall Vendor be responsible for gaining access to the goods, disassembly, reassembly or transportation of the goods or parts from or to the place of installation, all of which shall be at the City’s risk and expense. Vendor shall have no obligation hereunder with respect to any goods which (i) have been improperly repaired or altered; (ii) have been subjected to misuse, negligence or accident; (iii) have been damaged due to forces of nature; (iv) have been used in a manner contrary to Vendor’s instructions; or (v) are comprised of materials provided by or a design specified by the City. 5.3. The foregoing warranties are exclusive and in lieu of all other warranties of quality and performance, whether written, oral or implied, and all other warranties including any implied warranties of merchantability or fitness for a particular purpose, non-infringement or usage of trade are hereby disclaimed. The remedies stated herein constitute client’s exclusive remedies and Vendor’s entire liability for any breach of warranty. 6. No Limitation Of Manufacturers’ Warranties: Vendor may not limit, exclude or disclaim any warranty provided by manufacturer. 7. Special Tools And Equipment: If the price stated in the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Vendor to fulfill the Agreement, such special tooling and/or equipment and all process sheets associated thereto shall become the property of the City and shall be identified by the Vendor as such. B. DELIVERY 1. Delivery Terms, Transportation Charges, FOB: Deliverables shall be shipped FOB point of delivery unless otherwise specified on the Purchase Order or in the Solicitation. The Vendor’s price shall be deemed to include all delivery and transportation charges. The City shall Page 251 of 437 Contract No. 18-0020-GC for Honeywell water modules and related items Page 9 of 9 {00009602 / v8 / / WATER / ELSTER / 11/02/2017} 18 have the right to designate what method of transportation shall be used to ship deliverables. The place of delivery shall be specified in the Purchase Order. 2. No Substitutions Or Cancellations: Unless specifically permitted in writing by the City, no substitutions or cancellations shall be acceptable. 3. Notice Of Delay In Delivery: If a delay in delivery is anticipated, Vendor shall give written notice to the City. The City has the right to extend the delivery time/service date, or to cancel the Purchase Order or Agreement. Vendor shall keep the City advised at all times of the status of the order. Default in promised delivery or failure to meet specifications authorizes the City to procure the goods or equipment from an alternate source. Default on delivery may result in legal action and recourse. 4. Delivery Location, Hours, Days, Holidays: Unless otherwise specified, all deliveries must be made to City of Georgetown, Central Receiving, 300-1 Industrial Avenue, Georgetown, TX, between the hours of 8AM and 4PM (CST), Monday through Friday except regularly observed state and federal holidays (see http://georgetown.org/contact-us/holiday-schedule/ for schedule). Receipt of goods or materials does not signify acceptance. If goods are delivered to the incorrect location, Vendor is responsible for all expenses associated delivering items to their correct destination. 5. No Shipment Under Reservation: Vendor is not authorized to ship deliverables under reservation and no tender of bill of lading will operate as a tender of deliverables. 6. Title/Risk Of Loss: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables (no delivery, no sale). 7. Right Of Inspection And Rejection: The City expressly reserves all rights under law, including but not limited to, the Uniform Commercial Code, to inspect the deliverables at delivery or at a reasonable time subsequent to delivery, and to reject defective or non-conforming deliverables within 30 days of receipt of the goods. The Vendor will be notified if the goods or services are not in compliance with the required specifications. If any goods or services are rejected as non-compliant, the required goods or services may be procured from an alternate source.. If the City has the right to inspect the Vendor’s or the Vendor’s subcontractors facilities, or the deliverables at the Vendor’s or the Vendor’s subcontractors premises, the Vendor shall furnish or shall cause to be furnished all reasonable facilities and assistance to the City to facilitate such inspection. 8. Acceptance Of Incomplete Or Non-Conforming Goods: If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept such deliverables, the City may do so. C. REGULATIONS and STANDARDS The goods or equipment provided shall meet or exceed all Federal and State of Texas safety, health, lighting, and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. Page 252 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Second Readi ng of an Ordinance of the City of Geo rgetown amending the Code of Ordinances of the City of Georgetown by adding Chapter 12.02 Entitles "Netw ork Nodes in the P ubl i c Ri g ht-Of-Way," relating to the deployme nt of network no des and node support pol es in the Right-Of-Way by netw ork provi de r s in ac c ordance with Texas Local G overnment Code Chapter 284; repealing conflicting ordinances and resolutions; providing a severability c lause; providing for public atio n and setting an effective date -- Glenn W. Dishong, Utilities Director (acti on requi red) ITEM SUMMARY: Beginning o n September 1, 2017, municipalities were required to allo w expanded use of their public right o f way by wireless network provide rs fo r the installation and operation of small c e ll ne twork devices. This ordinance sets forth the requirements for the City and Ne twork Providers for the permitting, installation, operation, maintenanc e , and future removal of these devices within the City's right o f way. The fees for permitting and right of way use are also co ntained within the ordinance with such fees being subje c t to state law. The fe e s asso c iated with use of City Utility and Service Po les will be contained within the separate pole attachme nt agreements executed betwe e n the City and eac h Ne twork Pro vider that desires attachment to such pole s. The se fees are also subject to provisio ns in State Law. The plac ement, siting, and sizing of Netwo rk Nodes and associated equipment and Node Support Po les will be specified in the City's Design Manual which is incorpo rate d by reference in this ordinance. While the permitting fo r placement of small ce ll nodes can be dispensed by staff, the placement of stand alone node support poles in parks or residential areas requires specific City Council approval. FINANCIAL IMPACT: P ermitting and o ngoing revenue from pole attachment and permits as allowed by State Law. Estimated revenue is in the item attachment title d Small Cell Revenue Projectio n. SUBMITTED BY: Glenn Dishong ATTACHMENT S: Description S mall Cell Ord inance S mall Cell Exhibit A S mall Cell Exhibit B Des ign Munual Small Cell Nodes S mall Cell Revenue P ro jectio n Page 253 of 437 {00009621 / v2 / / GUS / SMALLCELL / 11/30/2017} ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF GEORGETOWN AMENDING THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN BY ADDING CHAPTER 12.02 ENTITLED “NETWORK NODES IN THE PUBLIC RIGHT-OF-WAY;” RELATING TO THE DEPLOYMENT OF NETWORK NODES AND NODE SUPPORT POLES IN THE RIGHT-OF-WAY BY NETWORK PROVIDERS IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE CHAPTER 284; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND SETTING AN EFFECTIVE DATE. WHEREAS, the City is responsible for maintaining control of and access to the public rights-of-way to protect the health, safety and welfare of its citizens and visitors; WHEREAS, the Texas Legislature recently enacted Senate Bill 1004 codified as Chapter 284 of the Texas Local Government Code relating to the use of city right-of-way for the construction, installation, and operation of network nodes; WHEREAS, the City Council adopts the following ordinance pursuant to Chapter 284 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Chapter 12.02 entitled “Network Nodes in the Public Right-of-way” of the Code of Ordinances of the City of Georgetown, Texas is hereby added and shall provide as shown in EXHIBIT A. Section 4. The City Council hereby adopts the Design Manual for the City of Georgetown for the Installation of Network Nodes and Node Support Poles pursuant to Chapter 284 of the Texas Local Government Code which is attached hereto as Exhibit B. Section 5. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Page 254 of 437 {00009621 / v2 / / GUS / SMALLCELL / 11/30/2017} Section 6. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the _______ day of January, 2018. PASSED AND APPROVED on Second Reading on the _____ day of January, 2018. ATTEST: THE CITY OF GEORGETOWN ______________________________ By: _____________________________ Shelley Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: _____________________________________ Charlie McNabb, City Attorney Page 255 of 437 {00009621 / v2 / / GUS / SMALLCELL / 11/30/2017} EXHIBIT A Page 256 of 437 {00009621 / v2 / / GUS / SMALLCELL / 11/30/2017} EXHIBIT B Page 257 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} EXHIBIT A Chapter 12.02 Network Nodes in the Public Right-of-Way Sec. 12.02.010 Definitions. In this chapter: Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means the uniform building, fire, electrical, plumbing, and mechanical codes adopted by the city and adopted by a recognized national code organization and any local amendments to those codes. Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a right-of-way on or adjacent to a pole. Design district means an area that is zoned, or otherwise designated by the code, and for which the city maintains and enforces unique design and aesthetic standards. Design Manual means the City of Georgetown Design Manual for the Installation of Network Nodes and Node Support Poles incorporated by reference in this ordinance and as amended from time to time. Designated area means an area of the city designated as a historic district or a design district where the city may require reasonable design or concealment measures for new network nodes or new node support poles. Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility as defined by Section 11.003 of the Texas Utilities Code and located in a public right-of-way. Municipal park means an area that is zoning or otherwise designated by municipal code as a public park for the purpose of recreational activity. Network Node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes: 1) equipment associated with wireless communications, including, but not limited to, distributed antenna systems (DAS) and small cells; 2) a radio transceiver, an antenna, a battery-only backup power supply, and comparable Page 258 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} equipment, regardless of technological configuration; and 3) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include: 1) an electric generator; 2) a pole; or 3) a macro tower as defined by Section 284.002 of the Texas Local Government Code. Network Provider means: 1) a wireless service provider, or 2) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: a) network nodes; or b) node support poles or any other structure that supports or is capable of supporting a network node. Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node. Pole means a service pole, municipally owned utility pole, node support pole, or utility pole. Public Right-of Way Rate means an annual rental charge paid by a network provided to the City related to construction, maintenance, or operation of network nodes within the public right-of- way in the City. Residential Area means an area of single-family residential lots or other multifamily residences or un-developed land that is designated for residential use by zoning or deed restrictions. Right-of-way means property that is publicly owned or upon which a governmental entity has an express or implied property interest held for a public purpose. Examples of such public purpose include, by way of example and not limitation highways, streets, sidewalks, drainage facilities, sewerage and water facilities. Service pole means a pole, other than a municipally owned utility pole, owned or operated by the city and located in a right-of-way, including 1) a pole that supports traffic control functions; 2) a structure for signage; 3) a pole that supports lighting, other than a decorative pole; and 4) a pole or similar structure owned or operated by a municipality and supporting only network nodes. Transport Facility means each transmission path physically within a Public Right-of- way, extending with a physical line from a Network Node directly to the network, for the purpose of providing backhaul for Network Nodes. Utility pole means a pole that provides 1) electric distribution with a voltage rating of not more than 34.5 kilovolts; or 2) services of a telecommunications provider as defined in Section 51.002 of the Texas Utilities Code. Wireless facilities means network nodes, node support poles, and related equipment. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Page 259 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} Sec. 12.02.020 Purpose. (a) The purpose of this article is to facilitate the use of public right-of-way for network node deployments in accordance with Chapter 284 of the Texas Local Government Code. (b) Network provider may use the public right-of-way in the following circumstances upon receipt of a valid permit demonstrating compliance with the design manual: (1) construct, modify, maintain, operate, relocate and remove a network node on a node support pole including the modification, replacement, or removal of the node support pole; (2) collocate wireless facilities on a utility pole or service pole, subject to an agreement with the city. (3) Install its own transport facilities on utility poles subject to an agreement with the city; or (4) Obtain transport service from a person that is paying fees to the city to occupy the right-of-way. Sec. 12.02.030 Design Manual. (a) The City hereby adopts the City of Georgetown Design Manual for the Installation of Network Nodes and Node Support Poles ("Design Manual") which sets forth additional installation and construction requirements for wireless service facilities created to support network providers. The City Council hereby delegates authority to the City Manager to update the Design Manual to comply with any updates to the National Electric Code. All other amendments to the design manual shall be adopted by the city council. (b) A person shall comply with the design manual as a condition of approval of any application, permit, or other approval required by this article. Sec. 12.02.040 Designations; Concealment Requirement. (a) Design Districts. For the purposes of this article, the city herein designates the following areas as design districts: (1) The area known as the Downtown area and located within the Downtown Overlay District (D). (2) Areas zoned Mixed-Use Downtown (MU-DT), Mixed Use (MU), Special Area Plan Overlay (SP), Gateway Overlay (G), and Old Town Overlay (OT) districts. (3) Planned Unit Development (PUD) districts that include specific aesthetic standards for mechanical, electrical and other similar utility facility and associated equipment. Page 260 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} (b) Municipal Parks. For the purposes of this article, the city herein designates any land zoned or dedicated as a municipal park for the purposes of recreational activity as a designated area. (c) Historic Districts. For the purposes of this article, the city herein designates any area that is designated or zoned as a historic district pursuant to local, state or federal law as a historic district as a designated area. (d) Liberal Construction. Designations provided by this section shall be liberally construed. Additional areas may be designated at any time. (e) Concealment. Concealment of network nodes and node support poles shall be required by the city in design districts and in historic districts as further provided in the Design Manual pursuant to Chapter 284.105 of the Texas Local Government Code. Sec. 12.02.050 Additional Permit Application Requirements. (a) Permit Application. A permit issued pursuant to this article is required to install a micro network node, network node, a node support pole, or a transport facility in the right-of-way and must be approved prior to any work in the public right-of-way. In addition to the requirements set forth in this chapter and the design manual, an application for a permit pursuant to this article shall include the following: (1) Detailed drawings, with calculations to show conformity to the limitations contained in Chapter 284, the design manual including, but not limited to, descriptions of any required enclosures, the size of the network nodes, pole height, and visibility. (2) An analysis showing that the proposed wireless facility will not cause any interference with city public safety radio system or traffic signal light system. (3) A description of the proposed location, including whether such location will be within or adjacent to any of the following: a. A residential area; b. A designated municipal park; c. A designated design district; d. A designated historic district; or e. An area that has undergrounding requirements. (4) A proposal to conceal or camouflage the network node, node support pole, related equipment, or any portion thereof, if applicable; (5) City pole identification information, if applicable; (6) Written consent from owners of non-city owned infrastructure; and Page 261 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} (7) A certificate that the network node complies with all application regulations of the Federal Communications Commission. (b) Consolidated Permits. A network provider submitting an application to install or collocate multiple network nodes may file a consolidated permit application for not more than thirty (30) network nodes. (c) Application Process Timeline. Not later than the 30th day after the date the city receives an application for a permit for a network node or node support pole, or the 10th day after the date the city receives an application for a permit for a transport facility, the city shall determine whether the application is complete and notify the applicant of that determination. (d) Application Fee. The city may charge an application fee as authorized by Section 284.156 of the Texas Local Government Code. In addition to the annual public right-of-way rate, the application fee shall be $500 per application covering up to five network nodes, $250 for each additional node per application and $1,000 per application for each node support pole. Sec. 12.02.060 Installation and Inspections. (a) A network provider shall, at its own cost and expense, install the network node, network node facilities, node support poles and related ground equipment in a good and workmanlike manner in accordance with this article. All work done in connection with the installation, operation, maintenance, repair, modification, or replacement of the network node, network node facilities, node support poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the city, state and federal government. (b) The City may perform visual inspections of any network node, network node, node support pole or related ground equipment located in the right-of-way as deemed appropriate without notice. If the inspection requires physical contact with the network node, node support poles or related ground equipment, the city shall provide written notice to the network provider within five business days of the planned inspection. The network provider may have a representative present during the inspection. (c) After completion of the work within the right-of-way, the network provider shall provide to the city copies of maps and construction records of the permitted facilities as they are actually constructed in the right-of-way and shall provide additional copies of the maps and records to the city upon request. Sec. 12.02.070 Collocation. A network provider shall collocate network nodes on poles pursuant to an agreement with the City. Collocation of network nodes on municipally owned utility poles shall be allowed on nondiscriminatory terms and conditions pursuant to a negotiated pole attachment agreement, including any applicable permitting requirements. Page 262 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} Sec. 12.02.080 Annual Public Right-of-Way Rate (a) Network provider shall pay annual public right-of-way rate of $250 multiplied by the number of network nodes installed in the public right-of-way within the City. (b) The annual public right-of-way rate may be adjusted by the City on an annual basis by an amount equal to one-half the annual change, if any, in the consumer price index. The City shall provide written notice to each network provider of the new rate, and the rate shall apply to the first payment due to the City on or after the 60th day following the notice. (c) For purposes of this Section, “consumer price index” means the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics. Sec. 12.02.090 Replacement, Maintenance and Repair. (a) A network provider shall provide the city with ten days advance written notice of the following activities in the right-of-way: (1) Routine maintenance that does not require excavation or the closing of sidewalks or vehicular lanes; (2) Replacement or upgrading a network node or node support pole with a network node or node support pole that is substantially similar in size or smaller and that does not require excavation or the closing of sidewalks or vehicular lanes; and (3) The installation, placement, maintenance, operation, or replacement of network nodes that are strung on cables between existing poles or node support poles in compliance with the National Electrical Safety Code. (b) A network provider shall comply with the requirements of this chapter and all other applicable codes and ordinances, when installing, replacing, maintaining, repairing, upgrading, removing, relocating or operating network nodes, network node facilities, node support poles and related ground equipment. Sec. 12.02.100 Relocation. Except as provided in state and federal law, a network provider shall relocate or adjust network nodes in a public right-of-way, as determined by the city, within ninety days and without cost to the city. Sec. 12.02.110 Ownership. No part of a micro network node, network node, node support pole and related ground equipment erected or placed on the right-of-way by a network provider will become, or be considered by the city as being affixed to or a part of, the right-of-way. All portions of the micro network node, network node, node support pole and related ground equipment constructed, modified, erected, or Page 263 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} placed by the network provider on the right-of-way will be and remain the property of the network provider and may be removed by the network provider at any time, provided the network provider shall notify the City Manager prior to any work in the right-of-way. Sec. 12.02.120 Signage. (a) A network provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the network node facility that is visible to the public. Signage required under this section shall not exceed 4” x 6”, unless otherwise required by law (e.g. RF ground notification signs) or the City Manager. (b) Except as required by any local, state or federal law or by the utility pole owner, the network provider shall not post any other signage or advertising on the micro network node, network node, node support pole, service pole or utility pole. Sec. 12.02.130 Indemnity. To the extent authorized by law, the network provider shall indemnify and hold the city and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found to be caused, or other harm for which recovery of damages is sought that is found to be caused by the negligent act, error, or omission of the user of the right-of-way, any agent, officer, director, representative, employee, directors, or representatives, while installing, repairing, or maintaining facilities in a right-of-way. Sec. 12.02.140 Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar days from the date the network provider receives notice, the network provider shall remove all graffiti on any of its micro network node, network node, node support pole, and related ground equipment located in the right-of-way. The foregoing shall not relieve the network provider from complying with any City graffiti or visual blight ordinance or regulation. Sec. 12.02.150 Restoration. The network provider shall repair any damage to the right-of-way, or any facilities located within the right-of-way, and the property of any third party resulting from the network provider’s removal or relocation activities within ten calendar days following the date of such removal or relocation, at the service provider’s sole cost and expense, including restoration of the right-of-way and such property to substantially the same condition as it was immediately before the date the network provider was granted a permit for the applicable location or did the work at such location (even if the network provider did not first obtain a permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager. Page 264 of 437 {00009637 / v / / GUS / SMALLCELL / (unknown)} Sec. 12.02.160 Network Provider’s Responsibility. The network provider shall be responsible and liable for the acts and omissions of its employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, and subcontractors in connection with the installation of any micro network node, network node, node support pole and related ground equipment, as if such acts or omissions were the network provider’s acts or omissions. Page 265 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 1 City of Georgetown Design Manual for the Installation of Network Nodes and Node Support Poles pursuant to Tex. Loc. Gov. Code, Chapter 284. Page 266 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 2 Table of Contents SECTION 1. PURPOSE AND APPLICABILITY. ........................................................................ 34 SECTION 2. DEFINITIONS. ......................................................................................................... 34 SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. ......... 8 SECTION 4. GUIDELINES ON PLACEMENT. ....................................................................... 1112 SECTION 5. GENERAL AESTHETIC REQUIREMENTS. ..................................................... 1617 SECTION 6. ELECTRICAL SUPPLY ....................................................................................... 1718 SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. ........ 1819 SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR. .................................................................... 19 SECTION 9. INSTALLATION AND INSPECTIONS. ................................................................. 21 SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. .................................................................................................................................. 22 SECTION 11. GENERAL PROVISIONS. ..................................................................................... 22 SECTION 12-19 RESERVED. .................................................................................................... 2425 SECTION 20. DESIGN MANUAL – UPDATES. .......................................................................... 25 Page 267 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 3 SECTION 1. PURPOSE AND APPLICABILITY. The City of Georgetown (“City”) recognizes that the State of Texas has delegated the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public to Texas municipalities. Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 as “Micro Network Nodes”, “Network Nodes”, and “Node Support Poles”. As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment. Applicability: This Design Manual is for siting and criteria for the installation Wireless Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284. This Design Manual shall apply to any sitings, installations, collocations in, on, over or under the public rights-of-way of Network nodes, Node support poles, Micro network nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the City in its discretion, or installed as may otherwise be allowed by state law. A Network Provider shall comply with the City’s Code of Ordinances and regulations regarding the city rights of ways except where in conflict with this Design Manual or Chapter 284, Subchapter C.SECTION 2. DEFINITIONS. The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual, unless otherwise noted in this Section 2, below.2 Abandon and its derivatives means the facilities installed in the Public Right-of-way (including by way of example but not limited to: Poles, wires, conduit, manholes, handholes, cuts, Network Nodes and Node Support Poles, or portion thereof) that have been left by Provider in an unused or non-functioning condition for more than 120 consecutive calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of Wireless Services. Applicable codes means: Commented [SM1]: I’m not aware of a specific “right of way management ordinance”—recommend changing reference as drafted. Commented [AD2R1]: Agree Page 268 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 4 (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes to the extent it is consistent with Chapter 284. City means the City of Georgetown, Texas. City Manager shall mean City Manager or designee. Chapter 284 means Tex. Loc. Gov. Code, Chapter 284. Collocate and Collocation mean the installation, mounting, maintenance, modification, operation, or replacement of Network Nodes in a Public Right-of-way on or adjacent to a Pole. Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive as allowed as a condition for City advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a façade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. Decorative Pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. Design District means an area that is zoned, or otherwise designated by municipal code, and for which the City maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. Disaster Emergency or Disaster or Emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city state or federal governmental authorities. Distributed Antenna System or DAS shall be included as a type of Network Node. Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever, or a private easement used for the provision of utilities. Federal Communications Commission or FCC means the federal administrative agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level. Highway Right-of-way means right-of-way adjacent to a state or federal highway. Page 269 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 5 Historic District means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. Local means within the geographical boundaries of the City. Location means the City approved and lawfully permitted location for the Network Node. Macro Tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas. Mayor means the Mayor for the City. Micro Network Node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipal Park means an area that is zoned or otherwise designated by municipal code, or dedicated as a public park for the purpose of current or future recreational activity. Municipally Owned Utility Pole means a Utility Pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a Public Right-of- way. MUTCD means Manual of Uniform Traffic Control Devices. Network Node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower. Commented [AD3]: Skye to research Page 270 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 6 Network Provider or Provider means: (A) a Wireless Service Provider; or (B) a person that does not provide Wireless Services and that is not an electric utility but builds or installs on behalf of a Wireless Service Provider: (i) Network Nodes; or (ii) Node Support Poles or any other structure that supports or is capable of supporting a Network Node. Node Support Pole means a pole installed by a Network Provider for the primary purpose of supporting a Network Node. Permit means a written authorization for the use of the Public Right-of-way or Collocation on a Service Pole required from a municipality before a Network Provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Pole means a Service Pole, Municipally Owned Utility Pole, Node Support Pole, or utility pole. Private Easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Public Right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A) a private easement; or (B) the airwaves above a Public Right-of-way with regard to wireless telecommunications. Service Pole means a pole, other than a Utility Pole, owned or operated by a municipality and located in a Public Right-of-way, that: (A) supports traffic control functions; (B) is a structure for signage; (C) supports lighting, other than a decorative pole; and (D) is a similar structure owned or operated by a municipality and supporting only Network Nodes. Small Cell shall be included as a type of “Network Node.” Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between Commented [AD4]: Since we don’t have one, do we need this definition? Page 271 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 7 the two parallel edges of the paved roadway for vehicular travel where there is no curb. A “Street” is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-way may include sidewalks and utility easements, a “Street” does not. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport Facility means each transmission path physically within a Public Right-of-way, extending with a physical line from a Network Node directly to the network, for the purpose of providing backhaul for Network Nodes. Underground Requirement Area shall mean means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way. User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility Pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by Chapter 284, Section 51.002, Utilities Code. Wireless Service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless Service Provider means a person that provides wireless service to the public. Wireless Facilities mean “Micro Network Nodes,” “Network Nodes,” and “Node Support Poles” as defined in Texas Local Government Code Chapter 284. Page 272 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 8 SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. A. Prohibited or Restricted Areas for Certain Wireless facilities, except with Separate City Agreement or Subject to Concealment Conditions. 1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104(a), a Network Provider may not install a Node Support Pole in a public right-of-way without the City's discretionary, nondiscriminatory, and written consent if the public right-of- way is in a Municipal park or is adjacent to a street or thoroughfare that is: (1) not more than 50 feet wide of paved street surface, being the area measured as the shortest distance between the inside of the curb to the inside of the opposite curb, or the area measured as the shortest distance between the two parallel edges of the paved roadway for vehicular travel where there is no curb; and (2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a Network Node or Node Support Pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 1.2. Each permit application shall disclose if it is within a Municipal Park and Residential Areas as described above. 2. Historic District and Design Districts. In accordance with Chapter 284, Sec. 284.105, a Network Provider must obtain advance written approval from the City before collocating Network Nodes or installing Node Support Poles in a Design District with Decorative Poles, or in an area of the City zoned or otherwise designated as a Design District or Historic District. 2.1. As a condition for approval of Network Nodes or Node Support Poles in Design Districts with Decorative Poles or in a Historic District, the City shall require reasonable design or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request for installations in a Design District with Decorative Poles or in a Historic District, must be accompanied with proposed Concealment measures in the permit applications. 2.2. The City request that a Network Provider explore the feasibility of using Camouflage measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in Design Districts or in an Historic District. Page 273 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 9 2.3. Network Provider shall comply with and observe all applicable City, State, and federal historic preservation laws and requirements. 2.4. Each permit application shall disclose if it is within a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District or Historic District. 3. Historic Landmarks. A Network Provider is discouraged from installing a Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark recognized by the City, state or federal government (see, for example, and not limited to §442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the submission of the permit. It is recommended that each permit application disclose if it is with 300 feet of such a structure. 4. Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec. 284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 4.1. Areas may be designated from time to time by the City as Underground Requirement Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law. 4.2. Each permit application shall disclose if it is within an area that has undergrounding requirements. B. Least Preferable Locations. 1. Residential Areas and Parks. A Network Provider is discouraged from installing a Network Node on an existing pole in a public right-of-way without written consent from the City Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1. In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a Network Node or a Node Support Pole in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 2. Historic Districts and Design Districts. A Network Provider is discouraged from installing a Network Node or a Node Support Pole in the public right-of-way in any area designated by the City as a Design Districts or in an area of the City zoned or otherwise designated as a Historic District unless such a Network Node or a new Node Support Pole is camouflaged. C. Most Preferable Locations. Commented [SM5]: Discuss/double check. Page 274 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 10 1. Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 2. Highway Rights-of-Way areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. D. Designated Areas. 1. The City Council may designate an area as a Historic District or a Design District under Chapter 284.105 at any time. 2. Currently designated Historic Districts are: (a) Town Square Designated Historic District (H-TS). (b) Williamson County Courthouse Historic District (c) Belford Historic District (d) University Avenue/Elm Street Historic District (e) Olive Street Historic District 3. Current designated Design District areas are: (a) The area known as the Downtown area located within the Downtown Overlay District. (b) Areas zoned Mixed-Use Downtown (MU-DT), Mixed Use (MU), Special Area Plan Overlay (SP), Gateway Overlay (G), and Old Town Overlay (OT) districts. (c) Planned Unit Development (PUD) districts that include specific aesthetic standards for mechanical, electrical and other similar utility facility and associated equipment. 4. The failure to designate an area in this Chapter shall not mean that such an area is not within a defined district, if so designated by the City Council. Future areas may be designated as one of these Districts at any time. Such a designation does not require a zoning case. E. Exceptions. The City by its discretionary consent and agreement may grant exception to the above prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110. Commented [SM6]: ADQ—please update. Page 275 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 11 F. Order of Preference regarding Network Node attachment to existing facilities and New Node Support Poles. 1. Existing telephone between existing utility poles. Micro Network Nodes shall only be lashed on existing telephone transport wires between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. 2. Existing Utility Service Drop Poles (electric poles or telephones poles), shall be the preferred support facility for Network Nodes and related ground equipment. Installation cannot hinder or impede the ability to ascend pole for repair or maintenance work on existing facilities. 3. Municipal Service Poles: a. Non-decorative street lights with a height of more than 20 feet. b. Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of public and in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). c. Street signage shall be a low priority use for attachment of a Network Node. d. Other municipal utility pole use is discouraged. 4. New node support poles shall be the least preferred type of allowed facility for attachment of Network Nodes. 5. Ground Equipment. Ground equipment should be minimal and the least intrusive. SECTION 4. GUIDELINES ON PLACEMENT. A. Generally. In accordance with Chapter 284.102, a Network Provider shall construct and maintain Network Nodes and Node Support Poles in a manner that does not: 1. obstruct, impede, or hinder the usual travel or public safety on a public right-of- way; 2. obstruct the legal use of a public right-of-way by other utility providers; 3. violate nondiscriminatory applicable codes; 4. violate or conflict with the municipality’s publicly disclosed public right-of-way management ordinance or this Design Manual; Page 276 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 12 5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.); 6. obstruct or hinder the ability to ascend or do maintenance work on the structure; 7. Violate the National Electrical Safety Code provisions prohibiting placement within ten feet of energized conductors on existing utility service poles. B. General Requirements and Information. 1. Size Limits. Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Chapter 284, in accordance with, but not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Max. pole height, with each application and with each request for a permit for each location.3 2. State and Federal Rights-of-way permit. If the project lies within a Highway Right-of-Way, the applicant must provide evidence of a permit from the State or Federal Government. 3. Confirmation of non-interference with City Communication Networks. a. The Network Provider needs to provide analysis that the proposed network node shall not cause any interference with City public safety and utility radio system, traffic signal light system, advanced metering infrastructure, SCADA system, or other city safety communications components in accordance with Chapter 284, Sec. 284.304. b. It shall be the responsibility of the Network Provider to evaluate, prior to making application for permit, the compatibility between the existing City infrastructure and Provider’s proposed Network Node. A Network Node shall not be installed in a location that causes any interference. Network Nodes shall not be allowed on City’s public safety or utility radio infrastructure. 4. Improperly Located Network Node facilities, Node Support Poles and related ground equipment: a. Improperly Located Network Node facilities, Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right-of-Way. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the City Manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right-of- Way non-compliant with applicable Laws, including the American Disabilities Act, then Network Provider shall promptly remove the Network Node facilities, Node Support Poles or ground equipment. Page 277 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 13 b. Notice to Remove unauthorized facilities and relocate and penalty: After 30 days’ notice to remove of Network Node facilities, Node Support Poles or ground equipment that is located in the incorrect permitted location, if not relocated the Network Provider shall be subject to a penalty of $45 per day penalty until the Network Node facilities, Node Support Poles or ground equipment is relocated to the correct area within the permitted Location, regardless of whether or not the Network Provider’s contractor, subcontractor, or vendor installed the Network Node facilities, Node Support Poles or ground equipment in strict conformity with the City Rights-of-way management ord., and other applicable ordnances concerning improperly located facilities in the rights- of-way. C. Underground Requirement Areas. 1. In accordance with Chapter 284.107, a Network Provider shall, in relation to installation for which the City approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions,12 that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 2. If a location is designated by the City to transition to be an Underground Requirement Area, then a Network Provider’s permit for the location of the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location will be revoked 90 days after the designation, with removal of said the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 90 days of such designation, or as otherwise reasonably allowed by the City for the transition of other overhead facilities. D. Network Node Facilities Placement: 1. Right-of-Way: Network Node facilities, Node Support Poles and related ground equipment shall be placed, as much as possible, within two feet of the outer edge of the Right- of-Way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way. 2. Height above ground. Network Node attachments to a pole shall be installed at least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet. 4. Limit on number of Network Nodes per Site. There shall be no more than one Network Node on any one Pole. Page 278 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 14 E. New Node Support Poles. 1. New Node Support Poles Spacing. New node support poles shall be spaced apart from existing utility poles or Node Support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. 2. Height of Node Support Poles or modified Utility Pole. In accordance with Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed the lesser of: (1) 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or (2) 55 feet above ground level. F. Ground Equipment. 1. Ground Equipment near street corners and intersections: Ground equipment should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right- of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection. 2. Ground Equipment near Municipal Parks. For the safety of Municipal park patrons, particularly small children, and to allow full line of sights near Municipal park property, the Network Provider shall not install Ground Equipment in a Right-of-Way that is within a Park or within 250 feet of the boundary line of a Park, unless approved by the City Manager in writing. 3. Minimize Ground equipment density: In accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City’s designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more. 4. Water, Sewer and Storm Drainage Lines: Special precautions must be taken where underground fiber optic cable is installed in public street right-of-ways commonly used for utility corridors. a. Underground utilities and service connections must be identified prior to excavation. “Dig Alert,” “One Call,” or similar underground utility contractor must be contacted to identify the locations of subsurface utilities. Page 279 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 15 b. If temporary disruption of service is required, the installation contractor must notify the City, the service provider, and customers at least 24 hours in advance. No service on such lines may be disrupted until prior approval from the City and the service provider. c. At locations where the fiber optic cable will cross other subsurface utilities or structures, the cable must be installed to provide a minimum of 12 inches of vertical clearance between it and the other subsurface utilities or structures, while still maintaining the other applicable minimum depth requirement. To maintain the minimum depth requirement, the cable must be installed under the existing utility. If the minimum 12-inch clearance cannot be obtained between the proposed cable facility and the existing utility, the fiber optic cable must be encased in steel pipe of avoid future damage. d. Existing Water Lines: No communication lines shall be placed on top of a water line but may be placed to the side of a water line at least 4 feet from the center line of the water line. When crossing a water line, a 12- inch vertical or horizontal clearance must be maintained. Poles must be at least 3 feet from a water line. e. Existing Sewer Lines: No communication lines shall be placed on top of a sewer line but may be placed to the side of a sewer line at least 4 feet from the center line of the sewer line. When crossing a sewer line, a 12- inch vertical or horizontal clearance must be maintained. Poles must be at least 3 feet from a sewer line. f. Existing Storm Drainage Lines: No communication lines shall be placed on top of a storm drainage line but may be placed to the side of a storm drainage line at least 4 feet from the center line of the storm drainage line. When crossing a storm drainage line, a 12-inch vertical or horizontal clearance must be maintained. Poles must be at least 3 feet from a storm drainage line. 5. Blocking streets, roads, alleys or lanes: Texas Department of Transportation (TxDOT) standards must be followed for work zone areas that will block streets, roads, alleys or lanes. A traffic plan must be submitted to the City prior to construction. G. Municipal Service Poles. 1. In accordance with Agreement: Installations on all Service Poles shall be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101(a) (3), and (b). 2. Required industry standard pole load analysis: Installations on all Service Poles shall have an industry standard pole load analysis completed and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter 284.108. All installations Page 280 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 16 must comply with the National Electrical Safety Code provision prohibiting placement within ten feet of energized conductors on existing utility service poles. 3. Height of attachments: All attachments on all Service Poles shall be at least 8 feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 4. Installations on Traffic Signals: Installations on all Traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any traffic signal structures shall: i. Be encased in a separate conduit than the traffic light electronics; ii. Have a separate electric power connection than the traffic signal structure; and iii. Have a separate access point than the traffic signal structure. 5. Installations on Street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structures that has electrics shall: i. Be encased in a separate conduit than any City signage electronics; ii. Have a separate electric power connection than the signage structure; and, iii. Have a separate access point than the signage structure. 6. Restoration of City facilities and private property: The Network Provider shall be responsible for repairing any damage to any street, street right-of-way, ditch or any structure to its original condition immediately upon completing the installation. Any change to the slope of the land must be remedied, and there must be replacement of top soil and grass to its original condition. SECTION 5. GENERAL AESTHETIC REQUIREMENTS. A. Concealment. 1. Concealment of Network Nodes and Node support poles shall be required by the City in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105. 2. It is also the City’s preference that all new Node Support Poles be camouflaged, Page 281 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 17 except those located in an area zoned or predominantly industrial area. Companies shall submit their proposal for camouflage with the permit application. 3. The Network Node facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible in strict accordance with other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 4. The Network Node facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible, except to the extent not consistent with Chapter 284. B. New Node Support Pole Spacing. New Node Support Poles shall be at a minimum 300 feet from a Utility Pole or another Node Support Pole to minimize the hazard of Poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. C. Minimize Ground Equipment Concentration. In order to minimize negative visual impact to the surrounding area, and in accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City Manager may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize effect on property values and aesthetics on the area. D. Allowed Colors. Colors in Historic Districts and Design Districts must be in strict accordance with applicable ordinances, codes or policies, except to the extent not consistent with Chapter 284. Colors in Historic Districts and Design Districts must be approved by the City Manager from a palette of approved colors. Unless otherwise provided, all colors shall be earth tones or shall match the background of any structure the facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts shall conform to colors of other installations of telecommunication providers in the immediately adjacent areas. SECTION 6. ELECTRICAL SUPPLY. A. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The City shall not be liable to the Network Provider for any Page 282 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 18 stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the City. B. Network Provider shall not allow or install generators or back-up generators in the Right- of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1). SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. 1. Insurance, bonding and security deposits shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov’t Code. Page 283 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 19 SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR. A. Removal or Relocation by Network Provider. 1. Removal and relocation by the Network provider of its Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284If the Network Provider removes or relocates a Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the City Manager in writing not less than 10 business days prior to removal or relocation. Network Provider shall obtain all Permits required for relocation or removal of its Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment prior to relocation or removal. 2. The City shall not issue any refunds for any amounts paid by Network Provider for Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment that have been removed. B. Removal or Relocation Required for City Project. 1. Removal and Relocation of Network Provider’s Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof required for a City project shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284, Sec. 284.107, except as provided in existing state and federal law. 2. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support Pole and related ground equipment in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way 3. Network Provider understands and acknowledges that the City may require Network Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right-of-Way for City construction projects as allowed by state and feral law, including the common-law. 4. Network Provider shall, at the City Manager’s direction, remove or relocate the same at Network Provider’s sole cost and expense, except as otherwise provided in existing state and federal law, whenever the City Manager reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a street ort public rights-of-way to enhance the traveling publics use for travel and transportation. 5. If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the City Manager within 90 days of Network Provider’s receipt of the request, then the City Page 284 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 20 shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at Network Provider’s sole cost and expense, without further notice to Network Provider. 6. Network Provider shall, within 30 days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. C. Removal Required by City for Safety and Imminent Danger Reasons. 1. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. 2. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 3. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense. 4. The City Manager shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground Page 285 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 21 equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. 5. Network Provider shall reimburse City for the City’s actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. SECTION 9. INSTALLATION AND INSPECTIONS. A. Installation. 1. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 2. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the City Manager, as such may be amended from time to time. Network Provider’s work shall be subject to the regulation, control and direction of the City Manager. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States (“Laws”). B. Inspections. 1. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right-of- Way shall be allowed in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 2. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right-of- Way as the City Manager deems appropriate without notice. If the inspection requires physical contact with the Micro Network Node, Network Node, Node Support Poles or related ground equipment, the City Manager shall provide written notice to the Network Provider within five business days of the planned inspection. Network Provider may have a representative present during such inspection. Page 286 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 22 SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and related ground equipment shall be removed in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall remove Micro Network Node, Network Node, Node Support Pole and related ground equipment when such facilities are Abandoned regardless of whether or not it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related ground equipment being Abandoned or within 90 days of receipt of written notice from the City. When Network Provider removes, or Abandons permanent structures in the Right-of- Way, the Network Provider shall notify the City Manager in writing of such removal or Abandonment and shall file with the City Manager the location and description of each Micro Network Node, Network Node, Node Support Pole and related ground equipment removed or Abandoned. The City Manager may require the Network Provider to complete additional remedial measures necessary for public safety and the integrity of the Right-of-Way. If Network Provider fails to remove the Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole, or related ground equipment within the timeframes allowed, then the City may proceed to remove the Abondoned equipment and the Network Provider shall reimburse City for the City’s actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. SECTION 11. GENERAL PROVISIONS. 1. As Built Maps and Records. Network Provider’s as built maps and records shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. Network Provider shall maintain accurate maps and other appropriate records of its Network Node facilities, Node Support Poles and related ground equipment as they are actually constructed in the Rights-of-Way, including, upon request, the use of Auto CAD/GIS digital format. Network Provider will provide additional maps to the City upon request. 2. Courtesy and Proper Performance. Courtesy and Proper Performance of Network provider’s personnel, and contractors shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall make citizen satisfaction a priority in using the Right-of- Way. Network Provider shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its Micro Network Node, Network Node, Node Support Pole and related ground equipment in the Right- of-Way. Network Provider’s employees shall be clean, courteous, efficient, and neat in Page 287 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 23 appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City Manager or designee, Network Provider is not interacting in a positive and polite manner with citizens, he or she shall request Network Provider to take all remedial steps to conform to these standards. 3. Drug Policy. Drug policy of Network provider’s personnel, and contractors in the rights-of-way shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Network Provider’s employees, contractors, subcontractors, sub-Network Provider’s, or vendors while on City rights-of-way is prohibited. 4. Allocation of Funds for Removal and Storage. The City has appropriated no funds to pay for the cost of any removal or storage of Micro Network Node, Network Node, Node Support Pole and related ground equipment, as authorized under this Article. 5. Ownership. Ownership of Network Node and related equipment shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment erected or placed on the Right-of-Way by Network Provider will become, or be considered by the City as being affixed to or a part of, the Right-of-Way. All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network Provider on the Right-of-Way will be and remain the property of Network Provider and may be removed by Network Provider at any time, provided the Network Provider shall notify the City Manager prior to any work in the Right-of- Way. 6. Tree Maintenance. Tree maintenance shall be in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider, its contractors, and agents shall obtain written permission from the City Manager before trimming trees hanging over its Micro Network Node, Network Node, or Node Support Pole, to prevent branches of such trees from contacting attached Micro Network Node, Network Node, or Node Support Pole. When directed by the City Manager, Network Provider shall trim under the supervision and direction of the Parks Director. The City shall not be liable for any damages, injuries, or claims arising from Network Provider’s actions under this section. 7. Signage. Signage shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. Network Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the Network Node facility that is Page 288 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 24 visible to the public. Signage required under this section shall not exceed 4” x 6”, unless otherwise required by law (e.g. RF ground notification signs) or the City Manager. Except as required by law or by the Utility Pole owner, Network Provider shall not post any other signage or advertising on the Micro Network Node, Network Node, Node Support Pole, Service pole or Utility Pole. 8. Graffiti Abatement. Graffiti abatement shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. As soon as practical, but not later than fourteen (14) calendar days from the date Network Provider receives notice thereof, Network Provider shall remove all graffiti on any of its Micro Network Node, Network Node, Node Support Pole, and related ground equipment located in the Right of Way. The foregoing shall not relieve the Network Provider from complying with any City graffiti or visual blight ordinance or regulation. 9. Restoration. Network Provider shall restore and repair of the rights-of-way from any damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property of any third party resulting from Network Provider’s removal or relocation activities (or any other of Network Provider’s activities hereunder) in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall repair any damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property of any third party resulting from Network Provider’s removal or relocation activities (or any other of Network Provider’s activities hereunder) within 10 calendar days following the date of such removal or relocation, at Network Provider’s sole cost and expense, including restoration of the Right-of-Way and such property to substantially the same condition as it was immediately before the date Network Provider was granted a Permit for the applicable Location or did the work at such Location (even if Network Provider did not first obtain a Permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager. 10. Network Provider’s Responsibility. Network Provider shall be responsible and liable for the acts and omissions of Network Provider’s employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider’s and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider’s acts or omissions in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall be responsible and liable for the acts and omissions of Network Provider’s employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider’s and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider’s acts or omissions. SECTION 12-19 RESERVED. Page 289 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 25 SECTION 20. DESIGN MANUAL – UPDATES. Placement or Modification of Micro Network Node, Network Node, Node Support Pole and related ground equipment shall comply with the City’s Design Manual at the time the Permit for installation or Modification is approved and as amended from time to time. Page 290 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 1 City of Georgetown Design Manual for the Installation of Network Nodes and Node Support Poles January 2018 Page 291 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 2 Table of Contents SECTION 1. PURPOSE AND APPLICABILITY. .......................................................................... 3 SECTION 2. DEFINITIONS. ........................................................................................................... 3 SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. ......... 8 SECTION 4. GUIDELINES ON PLACEMENT. ........................................................................... 11 SECTION 5. GENERAL AESTHETIC REQUIREMENTS. ......................................................... 16 SECTION 6. ELECTRICAL SUPPLY ........................................................................................... 17 SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. ............ 18 SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR. .................................................................... 19 SECTION 9. INSTALLATION AND INSPECTIONS. ................................................................. 21 SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. .................................................................................................................................. 22 SECTION 11. GENERAL PROVISIONS. ..................................................................................... 22 SECTION 12-19 RESERVED. ........................................................................................................ 24 SECTION 20. DESIGN MANUAL – UPDATES. .......................................................................... 25 Page 292 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 3 SECTION 1. PURPOSE AND APPLICABILITY. The City of Georgetown (“City”) recognizes that the State of Texas has delegated the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public to Texas municipalities. Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 as “Micro Network Nodes”, “Network Nodes”, and “Node Support Poles”. As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment. Applicability: This Design Manual is for siting and criteria for the installation Wireless Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284. This Design Manual shall apply to any sitings, installations, collocations in, on, over or under the public rights-of-way of Network nodes, Node support poles, Micro network nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the City in its discretion, or installed as may otherwise be allowed by state law. A Network Provider shall comply with the City’s Code of Ordinances and regulations regarding the city rights of ways except where in conflict with this Design Manual or Chapter 284, Subchapter C. SECTION 2. DEFINITIONS. The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual, unless otherwise noted in this Section 2, below.2 Abandon and its derivatives means the facilities installed in the Public Right-of-way (including by way of example but not limited to: Poles, wires, conduit, manholes, handholes, cuts, Network Nodes and Node Support Poles, or portion thereof) that have been left by Provider in an unused or non-functioning condition for more than 120 consecutive calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of Wireless Services. Page 293 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 4 Applicable codes means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes to the extent it is consistent with Chapter 284. City means the City of Georgetown, Texas. City Manager shall mean City Manager or designee. Chapter 284 means Tex. Loc. Gov. Code, Chapter 284. Collocate and Collocation mean the installation, mounting, maintenance, modification, operation, or replacement of Network Nodes in a Public Right-of-way on or adjacent to a Pole. Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive as allowed as a condition for City advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a façade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. Decorative Pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. Design District means an area that is zoned, or otherwise designated by municipal code, and for which the City maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. Disaster Emergency or Disaster or Emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city state or federal governmental authorities. Distributed Antenna System or DAS shall be included as a type of Network Node. Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever, or a private easement used for the provision of utilities. Federal Communications Commission or FCC means the federal administrative agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level. Page 294 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 5 Highway Right-of-way means right-of-way adjacent to a state or federal highway. Historic District means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. Local means within the geographical boundaries of the City. Location means the City approved and lawfully permitted location for the Network Node. Macro Tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas. Mayor means the Mayor for the City. Micro Network Node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipal Park means an area that is zoned or otherwise designated by municipal code, or dedicated as a public park for the purpose of current or future recreational activity. Municipally Owned Utility Pole means a Utility Pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a Public Right-of- way. MUTCD means Manual of Uniform Traffic Control Devices. Network Node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or Page 295 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 6 (iii) a macro tower. Network Provider or Provider means: (A) a Wireless Service Provider; or (B) a person that does not provide Wireless Services and that is not an electric utility but builds or installs on behalf of a Wireless Service Provider: (i) Network Nodes; or (ii) Node Support Poles or any other structure that supports or is capable of supporting a Network Node. Node Support Pole means a pole installed by a Network Provider for the primary purpose of supporting a Network Node. Permit means a written authorization for the use of the Public Right-of-way or Collocation on a Service Pole required from a municipality before a Network Provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Pole means a Service Pole, Municipally Owned Utility Pole, Node Support Pole, or utility pole. Private Easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Public Right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A) a private easement; or (B) the airwaves above a Public Right-of-way with regard to wireless telecommunications. Service Pole means a pole, other than a Utility Pole, owned or operated by a municipality and located in a Public Right-of-way, that: (A) supports traffic control functions; (B) is a structure for signage; (C) supports lighting, other than a decorative pole; and (D) is a similar structure owned or operated by a municipality and supporting only Network Nodes. Small Cell shall be included as a type of “Network Node.” Page 296 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 7 Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A “Street” is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-way may include sidewalks and utility easements, a “Street” does not. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport Facility means each transmission path physically within a Public Right-of-way, extending with a physical line from a Network Node directly to the network, for the purpose of providing backhaul for Network Nodes. Underground Requirement Area shall mean means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way. User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility Pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by Chapter 284, Section 51.002, Utilities Code. Wireless Service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless Service Provider means a person that provides wireless service to the public. Wireless Facilities mean “Micro Network Nodes,” “Network Nodes,” and “Node Support Poles” as defined in Texas Local Government Code Chapter 284. Page 297 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 8 SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. A. Prohibited or Restricted Areas for Certain Wireless facilities, except with Separate City Agreement or Subject to Concealment Conditions. 1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104(a), a Network Provider may not install a Node Support Pole in a public right-of-way without the City's discretionary, nondiscriminatory, and written consent if the public right-of- way is in a Municipal park or is adjacent to a street or thoroughfare that is: (1) not more than 50 feet wide of paved street surface, being the area measured as the shortest distance between the inside of the curb to the inside of the opposite curb, or the area measured as the shortest distance between the two parallel edges of the paved roadway for vehicular travel where there is no curb; and (2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a Network Node or Node Support Pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 1.2. Each permit application shall disclose if it is within a Municipal Park and Residential Areas as described above. 2. Historic District and Design Districts. In accordance with Chapter 284, Sec. 284.105, a Network Provider must obtain advance written approval from the City before collocating Network Nodes or installing Node Support Poles in a Design District with Decorative Poles, or in an area of the City zoned or otherwise designated as a Design District or Historic District. 2.1. As a condition for approval of Network Nodes or Node Support Poles in Design Districts with Decorative Poles or in a Historic District, the City shall require reasonable design or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request for installations in a Design District with Decorative Poles or in a Historic District, must be accompanied with proposed Concealment measures in the permit applications. 2.2. The City request that a Network Provider explore the feasibility of using Camouflage measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in Design Districts or in an Historic District. Page 298 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 9 2.3. Network Provider shall comply with and observe all applicable City, State, and federal historic preservation laws and requirements. 2.4. Each permit application shall disclose if it is within a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District or Historic District. 3. Historic Landmarks. A Network Provider is discouraged from installing a Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark recognized by the City, state or federal government (see, for example, and not limited to §442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the submission of the permit. It is recommended that each permit application disclose if it is with 300 feet of such a structure. 4. Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec. 284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 4.1. Areas may be designated from time to time by the City as Underground Requirement Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law. 4.2. Each permit application shall disclose if it is within an area that has undergrounding requirements. B. Least Preferable Locations. 1. Residential Areas and Parks. A Network Provider is discouraged from installing a n e w Node Support Pole in a public right-of-way without written consent from the City Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1. In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a Network Node or a Node Support Pole in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 2. Historic Districts and Design Districts. A Network Provider is discouraged from installing a Network Node or a Node Support Pole in the public right-of-way in any area designated by the City as a Design Districts or in an area of the City zoned or otherwise designated as a Historic District unless such a Network Node or a new Node Support Pole is camouflaged. C. Most Preferable Locations. Page 299 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 10 1. Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 2. Highway Rights-of-Way areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. D. Designated Areas. 1. The City Council may designate an area as a Historic District or a Design District under Chapter 284.105 at any time. 2. Currently designated Historic Districts are: (a) Town Square Designated Historic District (H-TS) (b) Williamson County Courthouse Historic District (c) Belford Historic District (d) University Avenue/Elm Street Historic District (e) Olive Street Historic District 3. Current designated Design District areas are: (a) The area known as the Downtown area located within the Downtown Overlay District. (b) Areas zoned Mixed-Use Downtown (MU-DT), Mixed Use (MU), Special Area Plan Overlay (SP), Gateway Overlay (G), and Old Town Overlay (OT) districts. (c) Planned Unit Development (PUD) districts that include specific aesthetic standards for mechanical, electrical and other similar utility facility and associated equipment. 4. The failure to designate an area in this Chapter shall not mean that such an area is not within a defined district, if so designated by the City Council. Future areas may be designated as one of these Districts at any time. Such a designation does not require a zoning case. E. Exceptions. The City by its discretionary consent and agreement may grant exception to the above prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110. Page 300 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 11 F. Order of Preference regarding Network Node attachment to existing facilities and New Node Support Poles. 1. Existing telephone between existing utility poles. Micro Network Nodes shall only be lashed on existing telephone transport wires between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. 2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support facility for Network Nodes and related ground equipment. Installation cannot hinder or impede the ability to ascend pole for repair or maintenance work . 3. Existing municipal Service Poles: a. Non-decorative street lights with a height of more than 20 feet. b. Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of public and in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). c. Street signage shall be a low priority use for attachment of a Network Node. 4. New node support poles shall be the least preferred type of allowed facility for attachment of Network Nodes. 5. Ground Equipment. Ground equipment should be minimal and the least intrusive. SECTION 4. GUIDELINES ON PLACEMENT. A. Generally. In accordance with Chapter 284.102, a Network Provider shall construct and maintain Network Nodes and Node Support Poles in a manner that does not: 1. obstruct, impede, or hinder the usual travel or public safety on a public right-of- way; 2. obstruct the legal use of a public right-of-way by other utility providers; 3. violate nondiscriminatory applicable codes; 4. violate or conflict with the municipality’s publicly disclosed public right-of-way management ordinance or this Design Manual; 5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section Page 301 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 12 12101 et seq.); 6. obstruct or hinder the ability to ascend or do maintenance work on the structure; 7. Violate the National Electrical Safety Code provisions prohibiting placement within ten feet of energized conductors on existing utility service poles. B. General Requirements and Information. 1. Size Limits. Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Chapter 284, in accordance with, but not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Max. pole height, with each application and with each request for a permit for each location.3 2. State and Federal Rights-of-way permit. If the project lies within a Highway Right-of-Way, the applicant must provide evidence of a permit from the State or Federal Government. 3. Confirmation of non-interference with City Communication Networks. a. The Network Provider needs to provide analysis that the proposed network node shall not cause any interference with City public safety and utility radio system, traffic signal light system, advanced metering infrastructure, SCADA system, or other city safety communications components in accordance with Chapter 284, Sec. 284.304. b. It shall be the responsibility of the Network Provider to evaluate, prior to making application for permit, the compatibility between the existing City infrastructure and Provider’s proposed Network Node. A Network Node shall not be installed in a location that causes any interference. Network Nodes shall not be allowed on City’s public safety or utility radio infrastructure. 4. Improperly Located Network Node facilities, Node Support Poles and related ground equipment: a. Improperly Located Network Node facilities, Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right-of-Way. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the City Manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right-of- Way non-compliant with applicable Laws, including the American Disabilities Act, then Network Provider shall promptly remove the Network Node facilities, Node Support Poles or ground equipment. b. Notice to Remove unauthorized facilities and relocate and penalty: After Page 302 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 13 30 days’ notice to remove of Network Node facilities, Node Support Poles or ground equipment that is located in the incorrect permitted location, if not relocated the Network Provider shall be subject to a penalty of $45 per day penalty until the Network Node facilities, Node Support Poles or ground equipment is relocated to the correct area within the permitted Location, regardless of whether or not the Network Provider’s contractor, subcontractor, or vendor installed the Network Node facilities, Node Support Poles or ground equipment in strict conformity with the City Rights-of-way management ord., and other applicable ordnances concerning improperly located facilities in the rights- of-way. C. Underground Requirement Areas. 1. In accordance with Chapter 284.107, a Network Provider shall, in relation to installation for which the City approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions,12 that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 2. If a location is designated by the City to transition to be an Underground Requirement Area, then a Network Provider’s permit for the location of the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location will be revoked 90 days after the designation, with removal of said the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 90 days of such designation, or as otherwise reasonably allowed by the City for the transition of other overhead facilities. D. Network Node Facilities Placement: 1. Right-of-Way: Network Node facilities, Node Support Poles and related ground equipment shall be placed, as much as possible, within two feet of the outer edge of the Right- of-Way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way. 2. Height above ground. Network Node attachments to a pole shall be installed at least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet. 4. Limit on number of Network Nodes per Site. There shall be no more than one Network Node on any one Pole. Page 303 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 14 E. New Node Support Poles. 1. New Node Support Poles Spacing. New node support poles shall be spaced apart from existing utility poles or Node Support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. 2. Height of Node Support Poles or modified Utility Pole. In accordance with Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed the lesser of: (1) 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or (2) 55 feet above ground level. F. Ground Equipment. 1. Ground Equipment near street corners and intersections: Ground equipment should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right- of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection. 2. Ground Equipment near Municipal Parks. For the safety of Municipal park patrons, particularly small children, and to allow full line of sights near Municipal park property, the Network Provider shall not install Ground Equipment in a Right-of-Way that is within a Park or within 250 feet of the boundary line of a Park, unless approved by the City Manager in writing. 3. Minimize Ground equipment density: In accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City’s designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more. 4. Water, Sewer and Storm Drainage Lines: Special precautions must be taken where underground fiber optic cable is installed in public street right-of-ways commonly used for utility corridors. a. Underground utilities and service connections must be identified prior to excavation. “Dig Alert,” “One Call,” or similar underground utility contractor must be contacted to identify the locations of subsurface utilities. Page 304 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 15 b. If temporary disruption of service is required, the installation contractor must notify the City, the service provider, and customers at least 24 hours in advance. No service on such lines may be disrupted until prior approval from the City and the service provider. c. At locations where the fiber optic cable will cross other subsurface utilities or structures, the cable must be installed to provide a minimum of 12 inches of vertical clearance between it and the other subsurface utilities or structures, while still maintaining the other applicable minimum depth requirement. To maintain the minimum depth requirement, the cable must be installed under the existing utility. If the minimum 12-inch clearance cannot be obtained between the proposed cable facility and the existing utility, the fiber optic cable must be encased in steel pipe of avoid future damage. d. Existing Water Lines: No communication lines shall be placed on top of a water line but may be placed to the side of a water line at least 4 feet from the center line of the water line. When crossing a water line, a 12- inch vertical or horizontal clearance must be maintained. Poles must be at least 3 feet from a water line. e. Existing Sewer Lines: No communication lines shall be placed on top of a sewer line but may be placed to the side of a sewer line at least 4 feet from the center line of the sewer line. When crossing a sewer line, a 12- inch vertical or horizontal clearance must be maintained. Poles must be at least 3 feet from a sewer line. f. Existing Storm Drainage Lines: No communication lines shall be placed on top of a storm drainage line but may be placed to the side of a storm drainage line at least 4 feet from the center line of the storm drainage line. When crossing a storm drainage line, a 12-inch vertical or horizontal clearance must be maintained. Poles must be at least 3 feet from a storm drainage line. 5. Blocking streets, roads, alleys or lanes: Texas Department of Transportation (TxDOT) standards must be followed for work zone areas that will block streets, roads, alleys or lanes. A traffic plan must be submitted to the City prior to construction. G. Municipal Service Poles. 1. In accordance with Agreement: Installations on all Service Poles shall be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101(a) (3), and (b). 2. Required industry standard pole load analysis: Installations on all Service Poles shall have an industry standard pole load analysis completed and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter 284.108. All installations Page 305 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 16 must comply with the National Electrical Safety Code provision prohibiting placement within ten feet of energized conductors on existing utility service poles. 3. Height of attachments: All attachments on all Service Poles shall be at least 8 feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 4. Installations on Traffic Signals: Installations on all Traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any traffic signal structures shall: i. Be encased in a separate conduit than the traffic light electronics; ii. Have a separate electric power connection than the traffic signal structure; and iii. Have a separate access point than the traffic signal structure. 5. Installations on Street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structures that has electrics shall: i. Be encased in a separate conduit than any City signage electronics; ii. Have a separate electric power connection than the signage structure; and, iii. Have a separate access point than the signage structure. 6. Restoration of City facilities and private property: The Network Provider shall be responsible for repairing any damage to any street, street right-of-way, ditch or any structure to its original condition immediately upon completing the installation. Any change to the slope of the land must be remedied, and there must be replacement of top soil and grass to its original condition. SECTION 5. GENERAL AESTHETIC REQUIREMENTS. A. Concealment. 1. Concealment of Network Nodes and Node support poles shall be required by the City in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105. 2. It is also the City’s preference that all new Node Support Poles be camouflaged, Page 306 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 17 except those located in an area zoned or predominantly industrial area. Companies shall submit their proposal for camouflage with the permit application. 3. The Network Node facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible in strict accordance with other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 4. The Network Node facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible, except to the extent not consistent with Chapter 284. B. New Node Support Pole Spacing. New Node Support Poles shall be at a minimum 300 feet from a Utility Pole or another Node Support Pole to minimize the hazard of Poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. C. Minimize Ground Equipment Concentration. In order to minimize negative visual impact to the surrounding area, and in accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City Manager may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize effect on property values and aesthetics on the area. D. Allowed Colors. Colors in Historic Districts and Design Districts must be in strict accordance with applicable ordinances, codes or policies, except to the extent not consistent with Chapter 284. Colors in Historic Districts and Design Districts must be approved by the City Manager from a palette of approved colors. Unless otherwise provided, all colors shall be earth tones or shall match the background of any structure the facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts shall conform to colors of other installations of telecommunication providers in the immediately adjacent areas. SECTION 6. ELECTRICAL SUPPLY. A. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The City shall not be liable to the Network Provider for any Page 307 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 18 stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the City. B. Network Provider shall not allow or install generators or back-up generators in the Right- of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1). SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. 1. Insurance, bonding and security deposits shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov’t Code. Page 308 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 19 SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR. A. Removal or Relocation by Network Provider. 1. Removal and relocation by the Network provider of its Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284If the Network Provider removes or relocates a Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the City Manager in writing not less than 10 business days prior to removal or relocation. Network Provider shall obtain all Permits required for relocation or removal of its Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment prior to relocation or removal. 2. The City shall not issue any refunds for any amounts paid by Network Provider for Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment that have been removed. B. Removal or Relocation Required for City Project. 1. Removal and Relocation of Network Provider’s Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof required for a City project shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284, Sec. 284.107, except as provided in existing state and federal law. 2. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support Pole and related ground equipment in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way 3. Network Provider understands and acknowledges that the City may require Network Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right-of-Way for City construction projects as allowed by state and feral law, including the common-law. 4. Network Provider shall, at the City Manager’s direction, remove or relocate the same at Network Provider’s sole cost and expense, except as otherwise provided in existing state and federal law, whenever the City Manager reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a street ort public rights-of-way to enhance the traveling publics use for travel and transportation. 5. If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the City Manager within 90 days of Network Provider’s receipt of the request, then the City Page 309 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 20 shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at Network Provider’s sole cost and expense, without further notice to Network Provider. 6. Network Provider shall, within 30 days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. C. Removal Required by City for Safety and Imminent Danger Reasons. 1. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. 2. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 3. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense. 4. The City Manager shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground Page 310 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 21 equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. 5. Network Provider shall reimburse City for the City’s actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. SECTION 9. INSTALLATION AND INSPECTIONS. A. Installation. 1. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 2. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the City Manager, as such may be amended from time to time. Network Provider’s work shall be subject to the regulation, control and direction of the City Manager. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States (“Laws”). B. Inspections. 1. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right-of- Way shall be allowed in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. 2. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right-of- Way as the City Manager deems appropriate without notice. If the inspection requires physical contact with the Micro Network Node, Network Node, Node Support Poles or related ground equipment, the City Manager shall provide written notice to the Network Provider within five business days of the planned inspection. Network Provider may have a representative present during such inspection. Page 311 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 22 SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and related ground equipment shall be removed in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall remove Micro Network Node, Network Node, Node Support Pole and related ground equipment when such facilities are Abandoned regardless of whether or not it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related ground equipment being Abandoned or within 90 days of receipt of written notice from the City. When Network Provider removes, or Abandons permanent structures in the Right-of- Way, the Network Provider shall notify the City Manager in writing of such removal or Abandonment and shall file with the City Manager the location and description of each Micro Network Node, Network Node, Node Support Pole and related ground equipment removed or Abandoned. The City Manager may require the Network Provider to complete additional remedial measures necessary for public safety and the integrity of the Right-of-Way. If Network Provider fails to remove the Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole, or related ground equipment within the timeframes allowed, then the City may proceed to remove the Abondoned equipment and the Network Provider shall reimburse City for the City’s actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. SECTION 11. GENERAL PROVISIONS. 1. As Built Maps and Records. Network Provider’s as built maps and records shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. Network Provider shall maintain accurate maps and other appropriate records of its Network Node facilities, Node Support Poles and related ground equipment as they are actually constructed in the Rights-of-Way, including, upon request, the use of Auto CAD/GIS digital format. Network Provider will provide additional maps to the City upon request. 2. Courtesy and Proper Performance. Courtesy and Proper Performance of Network provider’s personnel, and contractors shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall make citizen satisfaction a priority in using the Right-of- Way. Network Provider shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its Micro Network Node, Network Node, Node Support Pole and related ground equipment in the Right- of-Way. Network Provider’s employees shall be clean, courteous, efficient, and neat in Page 312 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 23 appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City Manager or designee, Network Provider is not interacting in a positive and polite manner with citizens, he or she shall request Network Provider to take all remedial steps to conform to these standards. 3. Drug Policy. Drug policy of Network provider’s personnel, and contractors in the rights-of-way shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Network Provider’s employees, contractors, subcontractors, sub-Network Provider’s, or vendors while on City rights-of-way is prohibited. 4. Allocation of Funds for Removal and Storage. The City has appropriated no funds to pay for the cost of any removal or storage of Micro Network Node, Network Node, Node Support Pole and related ground equipment, as authorized under this Article. 5. Ownership. Ownership of Network Node and related equipment shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment erected or placed on the Right-of-Way by Network Provider will become, or be considered by the City as being affixed to or a part of, the Right-of-Way. All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network Provider on the Right-of-Way will be and remain the property of Network Provider and may be removed by Network Provider at any time, provided the Network Provider shall notify the City Manager prior to any work in the Right-of- Way. 6. Tree Maintenance. Tree maintenance shall be in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider, its contractors, and agents shall obtain written permission from the City Manager before trimming trees hanging over its Micro Network Node, Network Node, or Node Support Pole, to prevent branches of such trees from contacting attached Micro Network Node, Network Node, or Node Support Pole. When directed by the City Manager, Network Provider shall trim under the supervision and direction of the Parks Director. The City shall not be liable for any damages, injuries, or claims arising from Network Provider’s actions under this section. 7. Signage. Signage shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. Network Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the Network Node facility that is Page 313 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 24 visible to the public. Signage required under this section shall not exceed 4” x 6”, unless otherwise required by law (e.g. RF ground notification signs) or the City Manager. Except as required by law or by the Utility Pole owner, Network Provider shall not post any other signage or advertising on the Micro Network Node, Network Node, Node Support Pole, Service pole or Utility Pole. 8. Graffiti Abatement. Graffiti abatement shall be in strict accordance with applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284. As soon as practical, but not later than fourteen (14) calendar days from the date Network Provider receives notice thereof, Network Provider shall remove all graffiti on any of its Micro Network Node, Network Node, Node Support Pole, and related ground equipment located in the Right of Way. The foregoing shall not relieve the Network Provider from complying with any City graffiti or visual blight ordinance or regulation. 9. Restoration. Network Provider shall restore and repair of the rights-of-way from any damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property of any third party resulting from Network Provider’s removal or relocation activities (or any other of Network Provider’s activities hereunder) in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall repair any damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property of any third party resulting from Network Provider’s removal or relocation activities (or any other of Network Provider’s activities hereunder) within 10 calendar days following the date of such removal or relocation, at Network Provider’s sole cost and expense, including restoration of the Right-of-Way and such property to substantially the same condition as it was immediately before the date Network Provider was granted a Permit for the applicable Location or did the work at such Location (even if Network Provider did not first obtain a Permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager. 10. Network Provider’s Responsibility. Network Provider shall be responsible and liable for the acts and omissions of Network Provider’s employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider’s and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider’s acts or omissions in strict accordance with applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall be responsible and liable for the acts and omissions of Network Provider’s employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider’s and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider’s acts or omissions. SECTION 12-19 RESERVED. Page 314 of 437 {00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 25 SECTION 20. DESIGN MANUAL – UPDATES. Placement or Modification of Micro Network Node, Network Node, Node Support Pole and related ground equipment shall comply with the City’s Design Manual at the time the Permit for installation or Modification is approved and as amended from time to time. Page 315 of 437 Fee Structure Permit Fee Revenue to ROW Revenue Node attached to Utility Pole 500.00$ Electric Fund 250.00$ Node attached to Service Pole 500.00$ General Fund 250.00$ Node attached to Node Support Pole 1,500.00$ General Fund 250.00$ Cable attachment to Utility Pole 25.00$ Electric Fund 14.08$ Location Assumptions Utility Pole Service Pole Node Support Pole Pole Attachment Locations 60%30%10% Revenue Projection Total Installed Nodes 25 100 Wire Attachments per Node 10 10 Permit Revenue (one time)7,500.00$ 30,000.00$ ROW Revenue (annual)2,500.00$ 10,000.00$ Permit Revenue (one time)13,750.00$ 55,000.00$ ROW Revenue (annual)7,270.00$ 29,080.00$ General Fund Electric Fund Page 316 of 437 Revenue to Electric Fund General Fund General Fund Electric Fund Page 317 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Second Readi ng of an Ordinance rezoni ng approxi matel y 7 2 acres in the Lo w BC Survey, located at 25 0 Westi nghouse Dri ve f r o m B usi ness Park (B P) Di stri ct to a P l anned Uni t De ve l opment (P UD) Di stri ct -- Sofia Nelson, CNU-A Planning Director (acti on requi r e d) ITEM SUMMARY: B ackground: The applicant has requested to re zo ne the undeveloped 72 acre s along the north and south sides of Mays Stree t to a P lanned Unit Deve lo pment. This Planned Unit De velopment (P UD) seeks to realize the visio n of an employment c e nter by establishing flexible development and building standards that will accommodate a land plan that allows for guidance, flexibility and create a sustainable long-term frame wo rk fo r build-o ut. The c ommunity will be built in phases, but still maintain flexibility in building placement, people movement, and traffic flow. It allows the evo lutio n of living space designs, wo rk place enviro nments, suppo rting services, ho spitality and entertainment c orridors. This P UD fo c uses less on where uses go exactly and mo re on adaptability to adjust building types, footprints, and public space s as the community evolves. The PUD establishes six zones. Each zone will be built in phases. Generally, each zo ne will be develo ped based on the designated zoning district for the phase: · Deve lo pment Zone A - Low Density Multi-Family (MF-1). · Deve lo pment Zone B - General Commercial District (C-3). · Deve lo pment Zone C - General Commercial District (C-3). · Deve lo pment Zone D - General Co mmercial District (C-3). · Deve lo pment Zone E - High Density Multi-Family (MF-2). · Deve lo pment Zone F - General Commercial District (C-3). The pro posed development has accommodated for a variety o f housing types including the following: traditional multi- family, townhomes, and residential above commercial. Additionally, the de velopment commits to a minimum building square footage o f c ommercial and maximum numbe r of units per zone.See below. Page 318 of 437 Publ i c Comment: To date, no written public co mments have been received. Pl anni ng and Zoni ng Commi ssi on Recommendati o n: At the ir December 5 , 2017 me e ting the Planning and Zo ning Commission unanimously rec ommended to the City Council approval of the re zo ning request. Ci ty Counci l Ac ti on on Fi rst Readi ng: At the January 9 , 20 18 meeting the City Council vo ted unanimously to approve the re quest. FINANCIAL IMPACT: n/a SUBMITTED BY: Sofia Nelson, CNU-A, P lanning Director ATTACHMENT S: Description staff report Attachment 1- Loc ation Map Attachment 2- Future Land Use Map Attachment 3- Zoning Map Ordinanc e Exhib it A- Loc ation Map Exhib it B and C- Develo p ment P lan and Legal Des c rip tion Page 319 of 437 Planning Department Staff Report Summit at Westinghouse Page 1 of 8 Report Date: December 1, 2017 File No.: REZ-2016-039 Project Planner: Sofia Nelson, Planning Director Item Details Project Name: The Summit at Westinghouse Location: The property is located east of I-35, south of Westinghouse Road, and north of the Teravista community in Round Rock. The project has direct frontage along the new Mays Street extension. Total Acreage: 72 acres Applicant: Jim Cramer, Novak Brothers and Jordan Maddox, Halff Associates Property Owner: Jeff Novak managing partner Novak Westinghouse LLC Existing Use: Undeveloped Existing Zoning: BP- Business Park Proposed Zoning: The proposed zoning is PUD. All design, development, and use criteria not specifically covered by this PUD shall be subject to the applicable provisions of the current Code. All design, development and use of the Property shall generally conform to the PUD. Each Zone shall have its own zoning description as follows: Development Zone A - Low Density Multi-Family (MF-1). Development Zone B - General Commercial District (C-3). Development Zone C - General Commercial District (C-3). Development Zone D - General Commercial District (C-3). Development Zone E - High Density Multi-Family (MF-2). Development Zone F - General Commercial District (C-3). Future Land Use: Employment Center Overview of Applicant’s Request The owners of the property donated land for the Mays Street extension to support the City’s vision for a mixed-use community offering new employment opportunities to the residents of Georgetown. This Planned Unit Development (PUD) seeks to realize the vision by establishing flexible development and building standards that will accommodate a land plan that allows for guidance, flexibility and create a sustainable long-term framework for build-out. The community will be built in phases, but still maintain flexibility in building placement, people movement, and traffic flow. It allows the evolution of living space designs, work place environments, supporting services, hospitality and entertainment corridors. This PUD focuses less on where uses go exactly and more on adaptability to adjust building types, footprints, and public spaces as the community evolves. Site Information Surrounding Properties: The surrounding zoning and land uses are as follows: Page 320 of 437 Planning Department Staff Report Summit at Westinghouse Page 2 of 8 Utilities: Water, wastewater and electric served by the City of Georgetown. Transportation: The Property has approximately 816 feet of frontage along Westinghouse Road, a major arterial roadway and 1,153 feet of frontage along Mayes Street Extension, a minor arterial roadway. Three curb cuts were established onto Westinghouse Road on the northern edge of the Property. These curb cuts will be updated to be in compliance with standards at the time of construction. City approval is needed to utilize these curb cuts at the time of development. At least one curb cut will be necessary along Westinghouse in a location that does not modify the existing water quality/detention structure and pond, per the City’s requirement to connect Westinghouse to Mays Street through the property. The Summit at Westinghouse will be a combination of private driveways, private and public streets to best serve the dense mixture of the proposed uses. Most streets will be lined with trees, with root barrier protections consistent with Chapter 12 of the UDC. All driveways and streets will provide emergency service access and be in accordance with the City’s Fire Code. Master Plan Guidance The 2030 Comprehensive Plan identifies this area as an employment center. This designation is intended for tracts of undeveloped land located at strategic locations, which are designated for well planned, larger scale employment and business activities, as well as supporting uses such as retail, services, hotels, and high density residential development (stand-alone or inmixed-use buildings) as a conditional use. Many Employment Center designations will include undeveloped properties identified by the City as opportunity sites for centers of commerce or employment. These sites may be acquired and developed through public-private partnerships. Primary uses include offices, flex Locatio n Zoning Future Land Use Existing Use North Agriculture (AG) Employment Center Bound by Westinghouse Road on the north for the exception of a parcel of land located along Westinghouse and currently used for Service King Collision Repair of Georgetown South Outside City limits Outside City limits Single Family Residential Terra Vista of Round Rock East Planned Unit Development (PUD) with entitlements for local commercial and multifamily and a commitment for the development of a professional office Employment Center Undeveloped West General Commercial (C- 3) Employment Center and High Density Residential Undeveloped Page 321 of 437 Planning Department Staff Report Summit at Westinghouse Page 3 of 8 offices, and technology research and development, as well as environmentally friendly manufacturing. These uses should be encouraged to develop in a campus-like setting with generous, linked open space to maximize value, promote visual quality, and encourage pedestrian activity between employment areas and areas of supporting uses such as retail, restaurants, and residential. These areas often act as a transition between more intensely developed commercial uses and residential neighborhoods. For this reason, standards should be developed to ensure that development of these activities is compatible with the character of the surrounding area. Industrial uses that already exist or are anticipated to continue for the foreseeable future are a part of this designation. Such uses include light industrial uses like manufacturing, assembly, wholesale, and distribution activities. Care should be taken to protect adjacent uses from adverse impacts potentially associated with these uses (truck traffic, outside storage, etc.), using buffering and/or performance-based development standards. Zoning Districts The PUD establishes six zones. Each zone will be built in phases. Generally, each zone will be developed based on the designated zoning district for the phase: • Development Zone A - Low Density Multi-Family (MF-1). • Development Zone B - General Commercial District (C-3). • Development Zone C - General Commercial District (C-3). • Development Zone D - General Commercial District (C-3). • Development Zone E - High Density Multi-Family (MF-2). • Development Zone F - General Commercial District (C-3). Zone A consists of approximately 22 to 23 acres of land and is along the southern land area of the Property and is closest in proximity to the residential community known as Teravista and borders the City of Round Rock. Zone A is segmented from the remainder of the PUD by Zone B and will have access through Zone B. Zone A shall be designed and developed with the intent to build approximately 200 to 255 attached, for-sale two story condos built in groups of two to five, each with its own two-car garage on one single lot. The residential units will be in a gated area. Page 322 of 437 Planning Department Staff Report Summit at Westinghouse Page 4 of 8 Zone B consists of approximately six acres of land generally depicted as the land south of the new Mays Street extension and north of Zone A. Zone B permissible uses can be: assisted living, day care group, day care commercial, restaurant general, restaurant drive- through, micro- brewery/micro-winery, bar, pub or tavern, indoor athletic facility, home health care center, medical or dental office, medical or dental clinic, urgent care center, general retail, dry cleaning serve/drop off only, fitness center, banking and financial services, veterinary clinic indoor pens only, and car wash. These C-3 structures will be limited to ground floor use only and compliment the neighboring residential uses. Zone C consists of approximately 17 acres of land and is generally depicted as the land north of the new Mays Street extension and south of Zone D. Zone C may be designed and developed for mixed commercial use. Zone C is planned for general office, data center, integrated office center, medical or dental office, blood or plasma center, diagnostic center, home health care center, medical or dental office, medical or dental clinic, medical complex, post-surgery recovery center, surgery center, urgent care center, hospital, dry cleaning serve/drop off only, fitness indoor center, retail, assisted living, day care, restaurant, restaurant drive-through, micro-brewery/micro-winery, theater, live music/entertainment, dance hall/night club, athletic facility, veterinary clinic indoor pens only, car wash, hotel full service, hotel limited service, hotel boutique, hotel extended stay, and banking and financial services together with one or more parking garages and/or surface parking facilities to service the foregoing in accordance with the Code. Upper story residential can be built in any portion of Zone C. Zone D consists of approximately six to ten acres of land and is generally depicted as the land north of Zone C and south of Zones E and F. Zone D is planned for general office, data center, integrated office center, medical or dental office, blood or plasma center, diagnostic center, home health care center, medical or dental office, medical or dental clinic, medical complex, post- surgery recovery center, surgery center, urgent care center, hospital, dry cleaning serve/drop off only, fitness indoor center, retail, assisted living, day care, restaurant, restaurant drive-through, micro-brewery/micro-winery, theater, live music/entertainment, dance hall/night club, athletic facility, veterinary clinic indoor pens only, car wash, restaurants and banking and financial services together with one or more parking garages and/or surface parking facilities to service the foregoing in accordance with the Code. Upper story residential can be built in any portion of Zone D. Zone E consists of approximately 13 to 15 acres of land and is generally depicted as the northwest portion of the PUD. Multi-family high-density attached dwelling units may be built. This zone will act as a transition zone from the MF-2 residential to the east and the future commercial development to the west and south. Walking trails, a dog park and a community gathering area will serve as amenity and activity centers. Zone F consists of approximately six acres of land and is depicted as the northwest portion of the PUD. This Zone acts as a transition from the existing collision center and is intended for Self- Storage. Staff Analysis Staff has determined that the proposed mixed-use development is consistent with the goals and policies of the 2030 Comprehensive Plan. It supports the Overall Transportation Plan, Future Land Use Plan, and Parks Master Plan by planning for a mixture of land uses and densities. The standards and land use plan have been reviewed for consistency with the existing adjacent Page 323 of 437 Planning Department Staff Report Summit at Westinghouse Page 5 of 8 development and for consistency and compatibility among the proposed development. Planned Unit Development District (PUD A PUD is designed to be used in conjunction with a designated base zoning district. An application for PUD zoning shall specify the base district(s) and the uses proposed. If no base zoning exists, the base zoning shall be that zoning designation that is most similar to or compatible with the uses proposed for the PUD. Any uses not permitted in the base district shall be specifically identified. The standards and requirements of the specified base district shall apply unless specifically superseded by the standards and requirements of the PUD Development Plan. In addition to the zoning change approval criteria, the Planning and Zoning Commission and City Council shall consider the following specific objectives and criteria for approving the PUD: Rezoning to and development under the PUD District will be permitted only in accordance with the following specific objectives: 1. A variety of housing types, employment opportunities, or commercial services to achieve a balanced community: The proposed development has accommodated for a variety of housing types including the following: traditional multi-family, townhomes, and residential above commercial. Additionally, the development commits to a minimum building square footage of commercial and maximum number of units per zone. See below. Page 324 of 437 Planning Department Staff Report Summit at Westinghouse Page 6 of 8 2. An orderly and creative arrangement of all land uses with respect to each other and to the entire community: The development concept plan for this development has taken into consideration the arrangement of uses, a north/south connector road, the need for commercial services and residential uses to support the overall development of an employment center. Additionally, open space and trails have been planned for and incorporated into the land use plan. 3. A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways, and pedestrian walkways: The Summit at Westinghouse will be a combination of private driveways, private and public streets to best serve the dense mixture of the proposed uses. Most streets will be lined with trees, with root barrier protections consistent with Chapter 12 of the UDC. All driveways and streets will provide safety and be in accordance with the City’s Fire Code, and shared use paths along collectors have been planned for. 4. The provisions of cultural or recreational facilities for all segments of the community: Open space and amenity features have been included in the land use plan for this development. The Property shall contain at least four Amenity Areas plus three additional Amenity areas in the residential multifamily zones. Amenity Areas “1,” “2”, “3” and “4” shall satisfy all requirements for Public Open Space and Common Recreation Area in Zones B, C, D and F, although the amenity areas may not be in each Zone. The public spaces and most of the amenities will be open to and useable by the general public. Three Page 325 of 437 Planning Department Staff Report Summit at Westinghouse Page 7 of 8 water features with trails, bench(es) and landscaping; urban street trees, creating linear green spaces; and trails or sidewalks connecting the residential zones to the activity centers; individual amenities for residential zones will meet the UDC requirements and the amenities will satisfy the requirements for parkland dedication and no other dedication or improvement fees will be required. Amenity Area “1” - The Green Sector, in Zone A, is located along the eastern perimeter of Zone A of the Property and the area between Zones A and B. This area will be designed to serve as a green belt node to link the north portion to the south portions of the property. The design for this area will include a pedestrian walkway, dog park(s) and will encompass visually attractive gathering areas. This Green Sector may partially include the TCEQ required water quality pond. Another pocket park will provide additional amenities to the residential units in Zone A. These two amenity areas will not be connected, but the sidewalk/trail will provide access to both areas. No more than 25% of the units in each development phase shall be permitted before at least one amenity shall be under construction. No more than 75% of the units in each development phase shall be permitted before all other amenities, if required, have started construction. Amenity Area “2” - The Green Sector is located along the eastern perimeter of Zones B, C, D and E of the Property. This Green Sector may serve as an extension of the outdoors to adjacent buildings within the Property and designs for this area may include gathering areas to serve pedestrians and a walking trail. This Green Sector may partially serve as TCEQ required water quality and pond. Amenity Area “3” - The Green Sector in Zone E is located along the northern perimeter of the Property. The design of this area may encompass a gathering area which will be visually attractive from within the buildings adjacent to this area. This Green Sector may partially serve as TCEQ required water quality and pond. This amenity area or another amenity area nearby will have activity areas for the multifamily residents and a club house, health fitness center and pool to be constructed in timing with the units. No more than 25% of the units in each development phase shall be permitted before at least one amenity shall be under construction. No more than 75% of the units in each development phase shall be permitted before all other amenities, if required, have started construction. . Amenity Area “4” - The Green Sector in Zone A is located along the southern perimeter. The design of this area may encompass a gathering area which will be visually attractive from within the buildings adjacent to this area. 5. The location of general building envelopes to take maximum advantage of the natural and manmade environment: A specific building layout has not been provided at this stage of the development process. 6. The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services. The staging of development will largely be driven by the extension of utilities and the north/south roadway. The first phase of development will be Zone A, with multi-family attached units with an MF-1 base district (on one single lot with a condo regime managed by a POA/HOA). This zone has been designed with the intent to build approximately 200 to 255 attached, for-sale two story condos built in groups of two to five, each with its own two car garage on one single lot. Page 326 of 437 Planning Department Staff Report Summit at Westinghouse Page 8 of 8 Public Comments No public comments have been received. Meetings Schedule December 5 – Planning and Zoning Commission public hearing January 9, 2018 – City Council public hearing and ordinance reading January 23, 2018 – City Council final ordinance reading Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Page 327 of 437 N IH 35 F R N IH 3 5 F W Y S I H 3 5 S B S I H 3 5 F R S IH 35 N B W E S T I N G H O U S E R D K E L L E Y D R S I H 3 5 F W Y S E R V I C E S IH 35 F W Y S B S I H 3 5 F W Y N B T E R A V I S T A P K W Y B A S S PRO DR GREATVIEW DR TERAVISTACLUB D R C E N T E R B R O O K P L HEWLET T L O OP F A I R W A Y P A T H W IN DING CR E E K PL R A B B I T H I L L R D BENTWOOD P L N M A Y S S T M E A D O W V I S T A L N MESQ UIT E H O L L O W P L HID D E N B R O O K LN G R A N DVISTA CIR C L E A R M E A D O W P L F L I N T W O O D L N P L A CIDCREEK W A Y BENTWOODCT CRESTWOOD LN P A G E W H I T N E Y P K W Y SERVICE N I H 3 5 F R T E R A V I ST A PKWY BASSPRO DRN IH 3 5 F W Y T E R A V I S T A C L U B D R Co ord inate System: Texas Sta te Plane/Centra l Zone/NAD 83/U S FeetCartographic Data For General Planning Purp oses Only ¯ Aerial REZ-2 016-0 39 Le ge n d SiteCity Limits 0 0.25 0.5Mi Page 328 of 437 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ W E S T I N G H O U S E R D §¨¦35 Coo rd inate Sys tem: Te xas S tate Plane/C entral Zone/N AD 83/U S FeetCartographic D ata Fo r General Planning Purposes O nly ¯ Future Land Use / Overall Transportation Plan Exhi bit #2 REZ-20 16 -03 9 Legend Thoroughfare Future Land Use Institutional Regi onal Commercial Community Commerc ial Em ployment Center Low Dens ity Residential Mining Mix ed Us e Community Mix ed Us e Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Us e Area Ag / Rural Residential Ex isting Collector Ex isting Freeway Ex isting Major Arterial Ex isting Minor Arterial Ex isting Ramp Pr oposed Collector Pr oposed Freeway Pr opsed Frontage Road Pr oposed Major Arterial Pr oposed Minor Arterial Pr oposed Railroad High Density Residential 0 ¼½¾Mi Le ge ndSi teParcelsCity Lim itsGeorgetown ETJ Page 329 of 437 W E S T I N G H O U S E R D §¨¦35 Zon in g Inf ormationREZ-2 016-0 39Exhibit #3 Co ord inate System: Texas Sta te Plane/Centra l Zone/NAD 83/U S FeetCartographic Data For General Planning Purp oses Only Le ge n dSiteParcelsCity LimitsGeorgetown ETJ ¯ 0 ¼½¾MiPage 330 of 437 Ordinance Number: ___________________ Page 1 of 2 Description: Summit at Westinghouse Case File Number: ___________________ Date Approved: __________________ Exhibits A-C Attached ORDINANCE NO. _____________________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone approximately 72 acres out of the Low BC Survey from the Business Park (BP) zoning district to Planned Unit Development (PUD) zoning district with General Commercial (C-3), High Density Multifamily (MF-2), and Low Density Multifamily (MF-1), base zoning, to be known as The Summit at Westinghouse PUD; 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"): 72 acres of the Low BC Survey(s), as recorded in Document Number 2014073967 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; 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 December 5, 2017, 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 January 9, 2018, 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 Business Park District (BP) to the Planned Unit Page 331 of 437 Ordinance Number: ___________________ Page 2 of 2 Description: Summit at Westinghouse Case File Number: ___________________ Date Approved: __________________ Exhibits A-C Attached Development District (PUD), in accordance with the attached Exhibit A (Location Map), Exhibit B (Legal Description), and Exhibit C (Development Plan) and incorporated herein by reference. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 9th day of January, 2018. APPROVED AND ADOPTED on Second Reading on the 23rd day of January, 2018. THE CITY OF GEORGETOWN: ATTEST: ______________________ _________________________ Dale Ross Shelley Nowling Mayor City Secretary APPROVED AS TO FORM: ______________________ Charlie McNabb City Attorney Page 332 of 437 N IH 35 F R N IH 3 5 F W Y S I H 3 5 S B S I H 3 5 F R S IH 35 N B W E S T I N G H O U S E R D K E L L E Y D R S I H 3 5 F W Y S E R V I C E S IH 35 F W Y S B S I H 3 5 F W Y N B T E R A V I S T A P K W Y B A S S PRO DR GREATVIEW DR TERAVISTACLUB D R C E N T E R B R O O K P L HEWLET T L O OP F A I R W A Y P A T H W IN DING CR E E K PL R A B B I T H I L L R D BENTWOOD P L N M A Y S S T M E A D O W V I S T A L N MESQ UIT E H O L L O W P L HID D E N B R O O K LN G R A N DVISTA CIR C L E A R M E A D O W P L F L I N T W O O D L N P L A CIDCREEK W A Y BENTWOODCT CRESTWOOD LN P A G E W H I T N E Y P K W Y SERVICE N I H 3 5 F R T E R A V I ST A PKWY BASSPRO DRN IH 3 5 F W Y T E R A V I S T A C L U B D R Co ord inate System: Texas Sta te Plane/Centra l Zone/NAD 83/U S FeetCartographic Data For General Planning Purp oses Only ¯ Aerial REZ-2 016-0 39 Le ge n d SiteCity Limits 0 0.25 0.5Mi Page 333 of 437 THE SUMMIT AT WESTINGHOUSE Page | 1 THE SUMMIT AT WESTINGHOUSE PLANNED UNIT DEVELOPMENT The Summit at Westinghouse is in the heart of the southern entry into the city of Georgetown. The property is located east of I-35, south of Westinghouse Road, and north of the Teravista community in Round Rock. The owners of the property donated land for the Mays Street extension to support the City’s vision for a high-density mixed-use community offering new employment opportunities to the residents of Georgetown. This Planned Unit Development (PUD) seeks to realize the vision by establishing flexible development and building standards that will accommodate a land plan that allows for market-based outcomes. The purpose of this document is to provide overall guidance and create a sustainable long-term framework for build-out. The community will be built in phases, but still maintain creativity in building placement, people movement, traffic flow and to create a comfortable place to live, work and play. It allows flexibility to accommodate the evolution of living space designs, work place environments, supporting services, hospitality and entertainment corridors. This PUD focuses less on where uses go exactly and more on adaptability to adjust building types, footprints, and public spaces as the community evolves. Table of Contents Section 1 Definitions Section 2 The Property Section 3 Approval Criteria Section 4 Base Zoning Districts Section 5 Development Zones Section 6 Development Standards Section 7 Master Sign Plan Section 8 Stormwater Management Section 9 Environmental Protection Section 10 Roadway Infrastructure Section 11 Pedestrian and Vehicular Circulation Section 12 Parking Requirements Section 13 Landscaping and Amenity Areas Section 14 Tree Preservation Section 15 Exterior Lighting Section 16 PUD Modifications Section 17 Development Density Table Section 18 Utilities Section 19 List of Exhibits Page 334 of 437 THE SUMMIT AT WESTINGHOUSE Page | 2 1. DEFINITIONS All definitions referenced in the Unified Development Code of the City of Georgetown, Ordinance No. 2003-15, as subsequently amended and codified in Title 17 of Georgetown Code of Ordinances (the “Code”), shall apply to interpretation of the terms of this Planned Unit Development for The Summit at Westinghouse (this “PUD”). Any terms not defined in this Development Plan shall be construed by applying the Random House Webster’s Unabridged Dictionary, subject to the interpretation of the Planning Director of the City of Georgetown. 2. THE PROPERTY This PUD applies to approximately seventy-two (72) acres of land located within the jurisdictional limits of the City of Georgetown, Texas, east of Interstate North 35 Service Road the Teravista Subdivision, which are collectively herein defined as the “Property”, and which are legally described as follows: R314665 - AW0385 Low, B.C. Sur., SERIAL # N62415A, TITLE # 00158240, LABEL # TEX0252120, ACRES 0.25 R544775 - AW0385 Low, B.c. Sur., ACRES 43.9 R039937 - AW0385 LOW, B.C. SUR., ACRES 4.40 R039946 - AW0385 LOW, B.C. SUR., ACRES 1.0 R039936 - AW0385 Low, B.C. Sur., ACRES 22.3416 According to the map or plat thereof recorded September 15, 2014 at 2:46 PM at Williamson County, Texas Plat Records; document number 2014073967. The property owners of The Summit at Westinghouse have donated right-of-way to the City for the Mays Street extension. 3. APPROVAL CRITERIA This PUD is intended to conform to the approval criteria of Sections 3.06.030 and 3.06.040 of the Code. Section 3.06.030 of the Code provides that the following criteria shall be considered by City Council for zoning changes: (a) The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; (b) The zoning change is consistent with the Comprehensive Plan; (c) The zoning change promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City; (d) The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and (e) The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. Page 335 of 437 THE SUMMIT AT WESTINGHOUSE Page | 3 Section 3.06.040 of the Code provides that, in addition of consideration of the foregoing criteria of Section 3.06.030, the following applicable criteria shall be considered by City Council for approving this PUD: (a) An orderly and creative arrangement of all land uses with respect to each other and to the entire community; (b) A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways and pedestrian walkways. (c) The provisions of amenity areas for the entire community; (d) The approximate location/size of general building envelopes to take maximum advantage of the natural and manmade environment; and (e) The staging/phasing of development in a manner which can be accommodated by the timely provision of public utilities, facilities and services. 4. BASE ZONING DISTRICTS This PUD shall be applicable to zoning as it applies to all portions of the Property. All design, development, and use criteria not specifically covered by this PUD shall be subject to the applicable provisions of the current Code. All design, development and use of the Property shall generally conform to the PUD described herein and, unless superseded, amended or controverted by the terms of this PUD. Below each Zone shall have its own zoning description as follows: Development Zone A - Low Density Multi-Family (MF-1). Development Zone B - General Commercial District (C-3). Development Zone C - General Commercial District (C-3). Development Zone D - General Commercial District (C-3). Development Zone E - High Density Multi-Family (MF-2). Development Zone F - General Commercial District (C-3). 5. DEVELOPMENT ZONES 5.1 The six (6) Zones as shown on Exhibit “C”, being Zone A, Zone B, Zone C, Zone D, Zone E and Zone F are described in the following sections. Each Zone will be built in phases. 5.2 Zone A consists of approximately twenty-two (22) to twenty-three (23) acres of land and represents the approximate boundary lines of the most southern land area comprising the Property and is closest in proximity to the residential community known as Terra Vista and borders the City of Round Rock. Zone A is segmented from the remainder of the PUD by Zone B and will have access through Zone B. Zone A shall be designed and developed with the intent to build approximately 200 to 255 attached for sale two story condos built in groups of two to five, each with its own two car garage on one single lot. Each unit is separated by a two-hour party wall and will not have individual fire suppression. The residential units will be in a gated Page 336 of 437 THE SUMMIT AT WESTINGHOUSE Page | 4 community with private driveways and public water, sewer and electrical service from GUS. This zone will act as a transition zone from the residential to the south and the future commercial to the north. Walking trails, a dog park and two community gathering areas will serve as amenity and activity centers. 5.3 Zone B consists of approximately five (5) to six (6) acres of land generally depicted as the land south of the new Mays Street extension and north of Zone A. Zone B permissible uses can be assisted living, day care group, day care commercial, restaurant general, restaurant drive- through, micro-brewery/micro-winery, bar, pub or tavern, athletic facility indoor, home health care center, medical or dental office, medical or dental clinic, urgent care center, general retail, dry cleaning serve/drop off only, fitness center, banking and financial services, veterinary clinic indoor pens only and car wash. These C-3 structures will be limited to ground floor use only and compliment the neighboring residential uses. 5.4 Zone C consists of approximately fifteen (15) to seventeen (17) acres of land and is generally depicted as the land north of the new Mays Street extension and south of Zone D. Zone C may be designed and developed for mixed commercial use. Zone C is planned for general office, data center, integrated office center, medical or dental office, blood or plasma center, diagnostic center, home health care center, medical or dental office, medical or dental clinic, medical complex, post-surgery recovery center, surgery center, urgent care center, hospital, dry cleaning serve/drop off only, fitness indoor center, retail, assisted living, day care, restaurant, restaurant drive-through, micro-brewery/micro-winery, theater, live music/entertainment, dance hall/night club, athletic facility, veterinary clinic indoor pens only, car wash, hotel full service, hotel limited service, hotel boutique, hotel extended stay, and banking and financial services together with one or more parking garages and/or surface parking facilities to service the foregoing in accordance with the Code. Upper story residential can be built in any portion of Zone C. 5.5 Zone D consists of approximately six (6) to ten (10) acres of land and is generally depicted as the land north Zone C and south of Zones E and F. Zone D is planned for general office, data center, integrated office center, medical or dental office, blood or plasma center, diagnostic center, home health care center, medical or dental office, medical or dental clinic, medical complex, post-surgery recovery center, surgery center, urgent care center, hospital, dry cleaning serve/drop off only, fitness indoor center, retail, assisted living, day care, restaurant, restaurant drive-through, micro-brewery/micro-winery, theater, live music/entertainment, dance hall/night club, athletic facility, veterinary clinic indoor pens only, car wash, restaurants and banking and financial services together with one or more parking garages and/or surface parking facilities to service the foregoing in accordance with the Code. Upper story residential can be built in any portion of Zone D. 5.6 Zone E consists of approximately thirteen (13) to fifteen (15) acres of land and is generally depicted as the northwest portion of the PUD. Multi-family high-density attached dwelling units may be built. This zone will act as a transition zone from the MF-2 residential to the east and the future commercial to the west and south. Walking trails, a dog park and a community gathering area will serve as amenity and activity centers. 5.7 Zone F consists of approximately six (6) acres of land and is depicted as the north west portion of the PUD. This Zone acts as a transition from the existing collision center and is intended for Self-Storage and will not require a Special Use Permit (SUP) to build the self- Page 337 of 437 THE SUMMIT AT WESTINGHOUSE Page | 5 storage. Outdoor storage will be screened by landscaping, buildings and walls. C-3 uses are permitted in this zone. 5.8 The following uses are prohibited throughout the project: • Cemeteries, columbaria, mausoleums, or memorial parks • Driving and firing ranges • Landscape supply sales/garden centers • Permanent farmers and flea markets • Pest control and janitorial services • Lumber yards • Small engine repair • Large animal veterinarian services • Veterinary clinic or kennel with outdoor pens • Sexually oriented business • Major event entertainment • Stone, mulch or dirt sales yards • Manufactured housing sales • Heavy equipment sales and repair • Recreational vehicle sales, rental or service • Fuel sales • Automotive repair and service general • Bus barn • Transportation and utility uses, except for uses involving parking lots, parking garages, private transport dispatch services, valet parking, transit passenger terminal and minor utility services 5.9 This PUD allows for multiple site plans within each Zone in order to allow for phased development. City approval shall be based upon each individual site plan, provided that, taken together, all site plans provide for an integrated mixed-use development on the Property. The City may not withhold approval on an individual site plan based solely upon the submission of additional site plans for remaining portions of the Property. 5.10 Pursuant to Sections 7.03.030(B)(5) and 16.02 of the Code, landscape features including outside gathering areas, walkways, driveways, swimming pools, walls, and minor utilities, shall be permitted within required setback areas, provided that the same shall not encroach on a public utility easement without a License to Encroach. To the extent defined under the Code, the improvements consisting of these landscape features will be included in impervious cover calculations. Page 338 of 437 THE SUMMIT AT WESTINGHOUSE Page | 6 6. DEVELOPMENT STANDARDS 6.1 Zone A may be developed with multi-family attached units with an MF-1 base district (on one single lot with a condo regime managed by a POA/HOA). Home occupations as an accessory use as defined in Section 5.03.020 of the Code are permitted. Common area landscaping shall comply with City requirements. There are no required front, rear or side setbacks. The units are two story and are built with a two hour party wall between each unit, no fire suppression system will be required. Units shall contain variation through three types of articulation of front façades, using different building materials, roof designs, front door location and cover treatment, colors and window design. Garages for each dwelling will be accessed from private streets/driveways. Individual water, electric and possible gas meters may be installed for each unit. The water and wastewater service lines will be City property. Table 6.1 Zone A - Multi-Family Condo Attached Maximum Number of Units per Building six Building Height, maximum 34 feet Building Separation 10 feet Building setback to perimeter boundary (south)* 40 feet Building setback to perimeter boundary (west) 10 feet Impervious Cover (maximum) 75% Residential Density (units/acre) 14 * internal drive aisles and driveways allowed within setback 6.2 Zone B may be developed as C-3 General Commercial. Building design and materials will adhere to the Georgetown UDC requirements. Table 6.2 Zone B - Commercial Building Height, maximum 45 feet Building Separation minimum 10 feet Mays Street Setback, minimum 25 feet All Other Streets Setback, minimum 15 feet Side Setback, minimum 10 feet Impervious Cover, maximum 70% Page 339 of 437 THE SUMMIT AT WESTINGHOUSE Page | 7 6.3 Zones C and D may be developed as traditional C-3 General Commercial or as an urban mixed-use alternative. The desired development option shall be indicated at the time of Preliminary Plat and developed consistent with these standards. C-3 development option shall follow the design standards of the UDC. Urban mixed-use design will focus buildings towards the public street system, with wider sidewalks, more window glazing (fenestration) on the street- level façade, outdoor patios and seating, awnings and canopies, well-lit and shaded streetscapes. On-street parking is encouraged in these areas to buffer pedestrians from street traffic. Where off-street or structured parking lots are necessary, a 15-foot wide landscape and tree area will buffer pedestrians from these spaces. Table 6.3 Zone C and D - Traditional Commercial Building Height, maximum 80 feet Building Separation minimum 10 feet Mays Street Setback (Zone C), minimum 25 feet All Other Streets Setback, minimum 15 feet Side Setback 10 feet Impervious Cover, maximum 75% Zone C and D Urban Mixed Use Building Height, maximum 80 feet Building Separation minimum 10 feet Mays Street Setback, minimum 25 feet All other Street Setback, minimum zero feet Build-to Setback area, maximum zero-15 feet Side Setback, minimum zero feet Non-residential Street-level Fenestration, minimum 50% Sidewalk width, minimum 8 feet Impervious Cover, maximum 90% Zone D may be developed with upper story residential dwelling units located above ground level commercial spaces and offices. In Zone C, residential units are not permitted unless utilizing the Urban mixed-use development option, in which case the units shall be upper-story only. Zones C and D Upper Story Residences Residential Density (units/acre) 50 Residential Units per Building No Limit Page 340 of 437 THE SUMMIT AT WESTINGHOUSE Page | 8 6.4 Zone E may be developed with Multifamily Residential High-Density units and built on one lot with private streets. Multifamily Residential High Density achieve variation through three types of articulation of front façades, using different building materials, roof designs, front door location and cover treatment, colors, entries and window design. No Special Use Permit (SUP) or variance will be needed to build the Multifamily Residential High Density with its notes contained in Table 6.2 below. Individual GUS water, GUS electric and possible Atmos gas meters may be installed for each unit or a master meter system may be established and private metering occur at each unit. This design option is at the sole description of the developer. Table 6.4 Zone E Multi-Family MF-2 Height, maximum 49 feet Building Separation, minimum 10 feet Building setback to perimeter boundary 10 feet Impervious Cover, maximum 80% Residential Density (units/acre) 26 Residential Units per Building No Limit * internal drive aisles and driveways allowed within setback 6.5 Zone F may be developed as C-3 General Commercial. Building design and materials will meet the UDC requirements. The self-storage facility may rise above ground floor retail or restaurant. Table 6.5 Zone F Commercial Building Height, maximum 40 feet Building Separation minimum 10 feet Interior Street Setback zero Perimeter Street Setback, minimum 15 feet Internal Lot Setback, minimum zero Impervious Cover, maximum 80% 7. MASTER SIGN PLAN 7.1 This PUD shall include a comprehensive signage plan for the development of the Property (the “Master Sign Plan”). The Master Sign Plan serves to implement signs uniformly as a means of clear visual communication, and is intended to cause the designs of any signs on the Property to be complementary to the natural environment, and to improve pedestrian and Page 341 of 437 THE SUMMIT AT WESTINGHOUSE Page | 9 vehicular safety. Signs may only convey the name of the businesses and the products or services offered within the Property, provided, however, that temporary construction signs, signs advertising portions of the Property for sale or lease, and temporary signs announcing special events on any portion of the Property shall be permitted. Monument signs, walls, fencing, architectural features, as well as sign design and lettering, along the public right-of-way adjoining the Property will be homogenous and will consist of a standard design to ensure that the comprehensive signage for the Property does not dominate the streetscape. All signs shall be constructed of materials and colors compatible with those utilized on the Buildings’ facades so as to blend into the environment and the development scheme of the Property in general. 7.2 This PUD requires the development of a Master Sign Plan in accordance with Section 10.01.050 of the Code. The Master Sign Plan shall be submitted to the City for approval by the Building Official prior to and as a condition for final approval of any site plan for this Property. Signage designed, developed or constructed within the Property shall comply with the approved Master Sign Plan. 7.3 Two (both sides of street) entry/entrance Monument Signs may be designed, developed and constructed along the public right-of-way of the Property, and may be located along the Property’s boundaries in direct proximity of the planned entrances to the Property at each entry or curb cut. Monument Signs shall not be subject to a 25-foot setback from the public right-of way, shall be limited to twenty (20) feet in Building Height with a maximum of ninety-six (96) square feet for each of the two (2) permitted sign faces per Monument Sign, and will be installed in such areas as to maximize the public safety of owners, tenants, and invitees of and to the Property, and to enhance the efficiency of vehicular and pedestrian traffic to and from the Property. Monument Signs shall comply with minimum setbacks prescribed in Table 10.06.010 of the Code. 7.4 Low-Profile Signs may be used in lieu of Monument Signs. Low-Profile Signs must not exceed ten (10) feet in Building Height and are otherwise subject to the same limitations applicable to Monument Signs. Low-Profile Signs shall not be subject to a 25-foot setback from the public right-of way. Low-Profile Signs shall comply with minimum setbacks prescribed in Table 10.06.010 of the Code. 7.5 As the Property represents an integrated and comprehensive mixed-use development which is distinct from adjoining developments, architectural features, walls or fencing, not to exceed ten (10) feet in height, may be used at one or more entries fronting Westinghouse and Mayes streets to delineate the development and to display the development name and logo. The name of the development and its logo may be used on entry improvements in lieu of Monument Signs. The maximum area of lettering attached to the architectural features, walls or fencing shall not exceed 96 square feet on each side of the entry. In order to tie the Property together, similar architectural features, walls or fencing may be used along Mays Street extension and within the property, providing such features do not obstruct vehicular view corridors and do not exceed height requirements prescribed in Section 7.05.010(B) of the Code. The variance between the maximum heights allowed for entry improvements and the architectural features, walls or fencing along Mays Street extension may be achieved by graduating the height between the two maximum heights. The development logo, without the development name, may be used on architectural features, walls or fencing anywhere within the property. Page 342 of 437 THE SUMMIT AT WESTINGHOUSE Page | 10 7.6 Internal Directional Signs and Wayfinding Signs of similar design and colors are allowed throughout the Property and shall be permitted in addition to the Property’s signs along the public right-of-way. Directional Signs shall conform to the specifications set forth in Section 10.03.020 of the Code. Wayfinding Signs which are of a style and size as Municipal Wayfinding Signs may include the names of businesses located on the Property. The number of Internal Directional and Wayfinding Signs will not exceed what is sufficient to provide safe and efficient use of the Property and shall not exceed five (5’) feet in height and fifteen (15) square feet in total dimensional area per side and will be constructed without permitting. On interior streets, light poles may be hung without requesting a permit from the City. 7.7 Electronic Message Centers and unshielded Neon Signs shall not be permitted to be designed, developed or constructed on the Property. Encased Neon Signs shall be permitted on restaurant building facades provided the same are situated at least twenty-five feet (25’) from the public right-of-way on the Mays Street Extension. 7.8 Buildings in Zones B, C, D and F are accessed by driveways off a public or private street. Wall signs based upon each Building’s primary entrance and Building Façade as defined by Section 16.02 shall be expressly permitted under this PUD pursuant to Section 10.06.030(C) of the Code. Under this PUD, one wall sign secured to the top level of each of the respective Buildings which can be viewed from each view corridor is expressly permitted for the proposed hotel and buildings in all zones. The proposed hotel is subject to four view corridors as it can be seen from all four compass orientations. The other Buildings located in the Property are subject to three view corridors, therefore a maximum of three wall signs shall be permitted on these improvements. Zone B buildings would typically have view corridors from the north, south and west. Zone C buildings would typically have view corridors from the north, south and east. Wall signs maybe allowed on any parking garages if parking garages are built. Specifications for these signs will not exceed those outlined in Section 10.06.030(C) (1) and Table 10.06.010 of the Code, and shall otherwise remain subject to the specifications set forth in the final approved Master Sign Plan. 8. STORMWATER MANAGEMENT 8.1 Storm Water Detention. The natural flow of storm water drains across the Property from the north to the south. Detention structures are typically required to mitigate the increase in storm water runoff associated with any increase in impervious cover resulting from development. Storm water runoff from the developed area of All Zones will discharge from the site via overland and/or conveyance through the existing natural channels. Necessary drainage measures will be implemented to minimize degradation to the vegetation within the natural cause by any increased runoff during normal rainfall events. These measures may include providing detention to mitigate increases in runoff for the one (1) year, two (2) year, ten (10) year, twenty-five (25) year and one hundred (100) year occurrence intervals. 8.2 Water Quality. The Property is located within the Edwards Aquifer Recharge Zone according the TCEQ USGS Quad Map. The Property must comply with the requirements of Chapter 11 of the Code and the Edwards Aquifer Rules of the Texas Commission on Environmental Quality (TCEQ). The property is located in the Edwards Aquifer Recharge Zone. The tracts of land in All Zones will require water quality controls in accordance with the TCEQ Page 343 of 437 THE SUMMIT AT WESTINGHOUSE Page | 11 Edwards Aquifer/City of Georgetown Rules. The water quality controls may be accomplished by: (a) Natural vegetative filter strips: In order for natural vegetative filter strips to be viable and approved by the City, plans and analysis will have to be completed (b) On-site water quality controls meeting the minimum requirements established by the TCEQ Edwards Aquifer/City of Georgetown rules. (c) A combination of two or more of the items above may be utilized to accomplish the required water quality requirements. 9. ENVIRONMENTAL PROTECTION The Plan will comply with environmental protection standards detailed in Chapter 11 of the Code, except as otherwise specified in this PUD. 10. ROADWAY INFRASTRUCTURE 10.1 The Property has approximately 816 feet of frontage along Westinghouse Road, a major arterial roadway and 1,153 feet of frontage along Mayes Street Extension, a minor arterial roadway. 10.2 Williamson County has established three curb cuts onto Westinghouse Road on the northern edge of the Property. These curb cuts were updated to be in compliance of standards at the time of construction. City approval is needed to utilize these curb cuts at the time of development. At least one curb cut will be necessary along Westinghouse in a location that does not modify the existing water quality/detention structure and pond, per the City’s requirement to connect Westinghouse to Mays street through the property. 10.3 North-South Connection. Exhibit “C” attached hereto and incorporated herein by reference indicates the planned north south connector from the Mays Street Extension to Westinghouse Road. The connection to Westinghouse shall be right in and right out only without traffic signaling. Additional public streets may be added to the north-south connector road to run perpendicular to the north-south connector road. 10.4 Public street sections shall comply with in Exhibit “E” of this PUD. 11. PEDESTRIAN AND VEHICULAR CIRCULATION 11.1 The improvements within this PUD will be designed to maximize pedestrian and vehicular circulation within the Property. This PUD will include pedestrian and vehicular circulation plans designed to provide access to all areas within Zone A, Zone B and Zone C, and will incorporate homogenous design features for all Buildings and other improvements and appurtenances within the Property. This PUD will provide cross access to neighboring properties as follows: one access to the east from Zone C or D and one access to the west from Zone C or D. No access to the neighboring properties will be provided from Zone A and Zone B due to the possible gated residential development in Zone A, the deep ravine required for detention along the east property line and the close proximately to the Mays Street Extension. There is also the concern of cross access between residential and commercial uses. All designs for internal Page 344 of 437 THE SUMMIT AT WESTINGHOUSE Page | 12 pedestrian and vehicular circulation shall comply with the Americans With Disabilities Act, as amended, and the Texas Accessibility Standards as codified in the Texas Architectural Barriers Act, Article 9102, Texas Revised Civil Statutes, as amended. 11.2 A property owners’ association will maintain the private driveways, private streets and private alleys. 11.3 Fire-rated vehicular access will be provided on at least two sides of the multi-story hotel and will meet minimum fire protection distances. Alternate materials, such as grasscrete, may be used to provide access. 11.4 Transportation is an important component with a focus on both internal circulation and access to neighboring property/roadways. The Summit at Westinghouse will be a combination of private driveways, private and public streets to best serve the dense mixture of the proposed uses. Most streets will be lined with trees, with root barrier protections consistent with Chapter 12 of the UDC. All driveways and streets will provide safety and be in accordance with the City’s adapted Fire Code. Street lights will be provided at both private and public circulation. All streets shall be addressed and signed per City Code. 12. PARKING REQUIREMENTS Improvements within this PUD shall consist of a mixed use development with a variety of businesses that conduct business at varying times. It is unlikely that all of these businesses will operate at maximum capacity during the same hours of the day. In addition, this PUD shall be inclusive of parking features that will permit invitees to the Property, including the hotel(s), restaurants, and office and retail buildings in Zone A, Zone B and Zone C to share all vehicular parking facilities. For Zones A, B, and C only, a Shared Parking Study may be commissioned by the developer to justify a reduction in the overall amount of off-street parking, but in no case shall the reduction exceed 20%. The intent of this provision is to best facilitate a mixed-use, walkable environment where additional surface parking would be detrimental to the desired density. Offsite parking for the hotel(s) shall be expressly permitted by contracting with another party for off-site parking spaces in limited circumstances warranted by a specific event. Parking requirements in all Zones shall meet the requirements of Table 12 of this PUD. All other uses shall follow the UDC minimum requirements at the time of Site Development Plan. Table 12 Minimum Bicycle Parking Office, on-site 1 space per 10,000 sg. ft. GFA Retail, on-site 1 space per 7,500 sg. ft. GFA Table 12 Page 345 of 437 THE SUMMIT AT WESTINGHOUSE Page | 13 Minimum Vehicle Parking MF-1 2 spaces per unit MF-2 1.5 per 1-bedroom unit 2 per 2-bedroom unit 2.5 per 3-bedroom unit + additional 5% of total spaces for visitor use Upper Story Residential 1.5 per 1-bedroom unit 2 per 2-bedroom unit 2.5 per 3-bedroom unit + additional 5% of total spaces for visitor use Hotel 1 per guest room + 1 per 250 ft2 GFA of office/conference space Office 1 per 500 sq. ft. GFA Retail 1 per 300 sq. ft. GFA per code if mixed use Restaurant 1 per 150 ft2 of designated seating area/ entertainment area + 4 additional spaces is the code 13. LANDSCAPING, COMMON AMENITIES, IMPERVIOUS COVER 13.1 Landscape requirements for this PUD shall meet all applicable requirements in Chapter 8 of the Code, unless otherwise stated. Landscape requirements can be shifted within a development zone provided the entire PUD meets the overall requirements. Artificial turf that allows water penetration may be allowed on a limited basis at amenity areas. The manufacturer’s specifications at time of Site Development Plan shall determine whether the area counts as impervious cover. Buffer yards do apply to this Property pursuant to Section 8.08.030 of the Code, but no buffering or screening is required between lots or uses interior to the PUD. Screening of mechanical equipment and waste containers shall meet the UDC requirements. Enclosures shall resemble the composition of the buildings nearby. Street yard landscaping in the UDC Section 8.04 shall not apply to private interior streets/driveways within the PUD. 13.2 Landscape Maintenance. A property owners’ association (POA) or home owner’s association (HOA) will maintain landscaping and irrigation in the rights of way, common areas and on the Property. License to encroach will be required for landscaping and irrigation in the right of ways (ROW). 13.3 Amenity Areas, Private Open Spaces and Common Recreation Areas in Zone A and Zone E shall meet current Code requirements. 13.4 Amenity Areas. The amenity areas within the Property shall be designed so as to complement and not conflict with the natural environment of the Property. The Property shall contain at least four Amenity Areas plus three additional Amenity areas in the residential multi- family zones. Each of these areas will incorporate a theme of natural elements and architecture to support this purpose. Amenity Areas “1,” “2”, “3” and “4”shall satisfy all requirements for Public Open Space and Common Recreation Area in Zones B, C, D and F., although the amenity areas may not be in each Zone. The public spaces and most of the amenities will be open to and useable by the general public: three water features with trails, bench(s) and landscaping; urban street trees, creating linear green spaces; trails or sidewalks connecting the residential zones to the activity centers; individual amenities for residential zones will meet the UDC requirements and the amenities will satisfy the requirements for parkland dedication and no other dedication or improvement fees will be required. Suggested Amenity Areas are depicted in Exhibit “D” as follows: Page 346 of 437 THE SUMMIT AT WESTINGHOUSE Page | 14 Amenity Areas “1” - The Green Sector, in Zone A located along the eastern perimeter of Zone A of the Property and the area between Zones A and B: This area will be designed to serve as a green belt node to link the north portion to the south portions of the property, plus offer dog park(s). The design for this area may comprise of a pedestrian walkway. The design of this area may encompass gathering areas which will be visually attractive. Intermediate construction of the amenities will not be required. This Green Sector may partially serve as TCEQ required water quality and pond. Another pocket park will provide additional amenities to the residential units in Zone A. These two amenity areas will not be connected, but sidewalk/trail will provide access to both areas. No more than 25% of the units in each development phase shall be permitted before at least one amenity shall be under construction. No more than 75% of the units in each development phase shall be permitted before all other amenities, if required, have started construction. Amenity Area “2” – The Green Sector, located along the eastern perimeter of Zones B, C, D and E of the Property: This Green Sector may serve as an extension of the outdoors to adjacent Buildings within the Property and designs for this area may include gathering areas to serve pedestrians and a walking trail. The design for this area may comprise of a pedestrian walkway. This Green Sector may partially serve as TCEQ required water quality and pond. Amenity Area “3” – The Green Sector, in Zone E along the northern perimeter of the Property: The design of this area may encompass a gathering area which will be visually attractive from within the Buildings adjacent to this area. This Green Sector may partially serve as TCEQ required water quality and pond. This amenity area or another amenity area nearby will have activity areas for the multifamily residents and a club house, health fitness center and pool to be constructed in timing with the units. No more than 25% of the units in each development phase shall be permitted before at least one amenity shall be under construction. No more than 75% of the units in each development phase shall be permitted before all other amenities, if required, have started construction. Boundary walls, as designed at the time of Site Development Plan, shall be completed prior to 25% of units. Amenity Area “4” – The Green Sector, in Zone A along the southern perimeter: The design of this area may encompass a gathering area which will be visually attractive from within the Buildings adjacent to this area. This Green Sector may partially serve as TCEQ required water quality and pond. 13.5 Parkland Dedication. Due to the number of amenity and open space improvements that will be integrated throughout the site, the fee for multifamily and condo development will be $150 per unit. Fees will be paid in lieu of parkland dedication at submission of Site Development Permit for multifamily development. 13.6 Size and Design Approval. Specific size and design of pocket parks and amenity areas may vary from depictions in Exhibit “D”, but will be approved by the City with individual site plans or platting for developments including individual residential lots and condo townhouse and/or condo multifamily attached dwelling units. Page 347 of 437 THE SUMMIT AT WESTINGHOUSE Page | 15 13.7 Impervious Cover. Impervious cover shall not exceed seventy-five (75) percent as applied to the aggregate sum of the building and improvement footprints compared to the comprehensive area of land comprising each Zone in the Property and the property donated to the government entities for the extension of Mayes Street extension. A master impervious cover percentage shall be maintained for the PUD as a whole and be submitted with each application for site plan. A deed restriction can be added to the property to require all land owners to abide by the required overall impervious cover percentage. 14. TREE PRESERVATION Tree preservation for all trees within the Property shall comply with the current UDC Chapter 8 at time of PUD approval. Each site development plan will include a table tracking tree removals and mitigation for the entire PUD as mitigation and removal standards can vary between zones provided the overall PUD maintains the required standards. 15. EXTERIOR LIGHTING Exterior Lighting on the Property and its Buildings will comply with the requirements set forth in Section 7.05 of the Code related to outdoor lighting unless otherwise described in this PUD. 16. PUD MODIFICATIONS This PUD represents the allowable uses and design standards for the Zones contained within the Property. The exhibits attached to this PUD are illustrative only and do not represent final designs. Modifications to Building sizes, uses and locations, as well as to amenity areas and to pedestrian and vehicular circulation, are allowed without amendment to the PUD, providing modifications conform to uses authorized by this PUD or to applicable provisions of the Code. Page 348 of 437 THE SUMMIT AT WESTINGHOUSE Page | 16 17. DEVELOPMENT DENSITY Table 17.1 Development Density Zone Use(s) Max. Approx. acres Max. Res. Units Approx. density Max. # LUE’s Zone A MF-1 Low Density Multi-family 24.00 250 10.42 250.00 Zone C & D Upper story residential built above C-3 260 NA 182.00 Zone E MF-2 High Density Multi-family 15.00 350 23.33 245.00 Residential Totals Varies 860 Varies 677 Zone Use(s) Min. Approx. acres Min. Building SF Approx. FAR Approx. # LUE’s Zone B C-3 General Commercial 4.00 16,000 0.92 80.00 Zone C C-3 General Commercial 15.00 150,000.00 0.23 214.29 Zone D C-3 General Commercial 6.00 50,000.00 0.19 16.67 Non-Residential Totals (Zones B, C, and D) 25 216,000.00 0.19 310.96 Zone Use(s) Max. Approx. acres Max. Building SF Approx. FAR Max. # LUE’s Zone F C-3 General Commercial 6.00 180,000.00 0.69 52.94 Note: An increase in maximum residential units within each zone is allowed up to 20%. In no case shall the total residential unit number exceed 860 18. UTILITIES The project shall be guaranteed 1,200 LUE’s but shall not exceed 1,200 as a maximum number. Distribution of LUE connections shall be in accordance with table 18.1, depicting minimum and maximum LUEs for each development zone. The maximum LUE's for the PUD cannot exceed 1,200 unless a City approved amendment is made to the PUD. Georgetown Utility System shall be the provider of electric, water and wastewater services. Page 349 of 437 THE SUMMIT AT WESTINGHOUSE Page | 17 19. LIST OF EXHIBITS The following exhibits are attached hereto and incorporated herein by reference: Exhibit A Location Map Exhibit B Property Description Exhibit C Development Zones Exhibit D Amenity Areas Exhibit E Design Details for Public Streets Page 350 of 437 WESTINGHOUSE Georgetown, Texas THE SUMMIT AT LOCATION MAP EXHIBIT A WITH PROPERTY DESIGNATED 4030 WEST BRAKER LANE, SUITE 450 AUSTIN, TEXAS 78759-5356 TEL (512)777-4600 FAX (512) 252-8141 1500'750'0'NORTH 75 AC NOVAK SITE LIMITS CITY LIMITS CITY OF G E O R G E T O W N CITY OF R O U N D R O C K C I T Y O F G E O R G E T O W N C I T Y O F R O U N D R O C K DATE:11-14-2017 WESTIN G H O U S E R O A D UNIVER S I T Y THE SUMMIT AT WESTINGHOUSE Page 351 of 437 Georgetown, Texas ZONES WESTINGHOUSE THE SUMMIT AT EXHIBIT C DEVELOPMENT 4030 WEST BRAKER LANE, SUITE 450 AUSTIN, TEXAS 78759-5356 TEL (512)777-4600 FAX (512) 252-8141 300'150'0'NORTH DEVELOPMENT ZONE A (MF-1) DEVELOPMENT ZONE B (C-3) DEVELOPMENT ZONE C (C-3) DEVELOPMENT ZONE D (C-3) DEVELOPMENT ZONE E (MF-2) DEVELOPMENT ZONE F (C-3) P.U.D. BOUNDARY LIMITS NOVAK SITE DATE:11-13-2017 MAYS S T R E E T MA Y S S T R E E T WESTINGHOUSE ROAD ZONE E (MF-2)ZONE F (C-3) ZONE C (C-3) ZONE B (C-3) ZONE A (MF-1) ZONE D (C-3) Page 352 of 437 Georgetown, Texas AMENITY AREAS WESTINGHOUSE THE SUMMIT AT EXHIBIT D 4030 WEST BRAKER LANE, SUITE 450 AUSTIN, TEXAS 78759-5356 TEL (512)777-4600 FAX (512) 252-8141 300'150'0'NORTH P.U.D. BOUNDARY LIMITS NOVAK SITE DATE:11-14-2017 AMENITY AREAS POCKET PARKS AREAS WITH-IN HOUSING AREA TRAILS DOG PARK MAYS S T R E E T MA Y S S T R E E T WESTINGHOUSE ROAD 1 2 3 4 TRAILS TRAILS TRAILS TR A I L S TR A I L S TR A I L S TR A I L S TR A I L S Page 353 of 437 12'-0" 58'-0" ROW PEDESTRIAN REALM PEDESTRIAN REALM PR O P E R T Y L I N E PR O P E R T Y L I N E PUE 22'-0"18'-0"12'-0" PUE 18'-0" PARKINGPARKING PR O P E R T Y L I N E PR O P E R T Y L I N E 48'-0" PAVEMENT8'-0" SHARED USE PATH 13'-0" 8'-0" SHARED USE PATH13'-0" 5'-0"5'-0" 74'-0" ROW 15'-0" PUE 15'-0" PUE PR O P E R T Y L I N E PR O P E R T Y L I N E 6'-0" SIDEWALK 12'-0" 6'-0" SIDEWALK 10'-0" PUE 6'-0"1 SIDE PARKING6'-0" 50'-0" ROW 10'-0" PUE 12'-0"26'-0" PAVEMENT Georgetown, Texas WESTINGHOUSE THE SUMMIT AT EXHIBIT E DESIGN DETAILS FOR PUBLIC STREETS 4030 WEST BRAKER LANE, SUITE 450 AUSTIN, TEXAS 78759-5356 TEL (512)777-4600 FAX (512) 252-8141 DATE:11-13-2017 MAJOR COLLECTOR TRADITIONAL LOCAL URBAN LOCAL Page 354 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Second Readi ng of an Ordinance rezoni ng appro xi matel y 31.94 acres in the follo wing subdivisions: Brownstone at the Summit Phase 1, Brownstone at Summit Phase 2 -4, Brownstone at Summit Phase 5 -6, a portio n of lot 4 block "A" lots 1,2,3,5,6 in the Rivery Park Subdivision II and Lo t 2 Block "A" in the Rivery Park Subdivisio n, lo cated at 1500 Ri very B l vd to amend the Summi t at Ri very P ark P l anned Uni t Devel opment (PUD) Di stri ct -- Sofia Nelson,CNU-A P lanning Director (acti o n requi red) ITEM SUMMARY: B ackground: The applicant is requesting two types of amendments. The first amendment relates to the areas depicted as Zone B - the land bounde d by Rivery Bo ulevard, the exte nsion of Wolf Ranch P arkway, Woo dlawn Avenue, and Hersey Avenue. The plan fo r this area is to develop an urban residential and retail mixed-use building between Wo lf Ranch P arkway and Hershey Avenue, along with a structured parking garage. The current PUD does not allow for multi-family on the first floor (within the designated Zone B) or more than 7 5% of the total usable area of the buildings. This amendme nt proposes to allow 30 units o f residential on the first flo or and a maximum of 90% of the building space for residential. The second amendment relates to requirements fo r signage. The monume nt signs long-propo sed for this developme nt have been designed and the total height of the proposed stone structure exceeds the 8-foot limitatio n previously appro ved for the project. As the development has mature d, now is the time to provide c ohesive architectural branding elements to the site. These monument features do co ntain signage but are designed to be site e lements focused on the Summit brand and do not include tenant identification. The one exceptio n is a blade sign on two of the mo numents fo r the She raton Hotel and Conference Center, whic h will need identification on Rivery Blvd when the Zone B building is erecte d and the view of the Hote l fro m Rivery Blvd is blocked. Publ i c Comment: To date, no written public co mments have been received. Pl anni ng and Zoni ng Commi ssi on Recommendati o n: At their Decembe r 5 , 2 01 7, meeting, the P lanning and Zo ning Commission unanimously recommended to the City Council appro val of the P UD amendment. Ci ty Counci l Fi rst Readi ng Acti on: At the January 9 , 20 18 meeting, the City Council vo ted unanimously (7-0) to appro ve the request. FINANCIAL IMPACT: n/a SUBMITTED BY: Sofia Nelson, CNU-A, P lanning Director ATTACHMENT S: Description staff report Attachment 1- Loc ation Map Attachment 2- Future Land Use Map Attachment 3- Zoning Map Attachment 4- Aerial Map Ordinanc e Exhib it A- PUD d evelopment p lan Page 355 of 437 Planning Department Staff Report Summit at Rivery Park PUD, 6th Amendment Page 1 of 5 Report Date: December 1, 2017 File No: REZ-2017-020 Project Planner: Sofia Nelson, Planning Director Item Details Project Name: Summit at Rivery Park PUD, 6th Amendment Location: 1500 RIVERY BLVD Acreage: 31.94 Zoning: Planned Unit Development (PUD) Applicant’s Request The applicant is requesting two types of amendments. The first amendment relates to the areas depicted as Zone B - the land bounded by Rivery Boulevard, the extension of Wolf Ranch Parkway, Woodlawn Avenue, and Hersey Avenue. The plan for this area is to develop an urban residential and retail mixed-use building between Wolf Ranch Parkway and Hershey Avenue, along with a structured parking garage. The current PUD does not allow for multi-family on the first floor (within the designated Zone B) or more than 75% of the total usable area of the buildings. This amendment proposes to allow 30 units of residential on the first floor and a maximum of 90% of the building space for residential. The second amendments releates to requirements for signage. The monument signs long-proposed for this development have been designed and the total height of the proposed stone structure exceeds the 8-foot limitation previously approved for the project. As the development has matured, now is the time to provide cohesive architectural branding elements to the site. These monument features do contain signage but are designed to be site elements focused on the Summit brand and do not include tenant identification. The one exception is a blade sign on two of the monuments for the Sheraton Hotel and Conference Center, which will need identification on Rivery Blvd when the Zone B building is erected and the view of the Hotel from Rivery Blvd is blocked. Page 356 of 437 Planning Department Staff Report Summit at Rivery Park PUD, 6th Amendment Page 2 of 5 Site Information Surrounding Properties: The surrounding zoning, existing uses and future land uses include: Property History The property was annexed into the City limits in 1986 and was part of the original Rivery Concept Plan and was later included in The Rivery Park Development Agreement executed in 2002. In December 2007, the property was rezoned from C-3 to PUD and made part of a Tax Increment Reinvestment Zone (TIRZ). The PUD was amended in September 2010, November 2011, September Locatio n Zoning Future Land Use Existing Use North Summit at Rivery Park PUD Regional Commercial Undeveloped(future Brownstones) South Summit at Rivery Park PUD Regional Commercial Rivery Park Apartments East C-3, General Commercial Open Space Rivery Park West Summit at Rivery Park PUD Regional Commercial Developing/undeveloped commercial lots Page 357 of 437 Planning Department Staff Report Summit at Rivery Park PUD, 6th Amendment Page 3 of 5 2012, December 2013, and 2016. Additionally, several agreements were approved in December 2013 including a GEDCO Performance Agreement, a GTEC Performance Agreement, a Tax Increment Financing (TIF) Agreement, a Master Development Agreement, and a Joint Use, Access and Lease Agreement, related to construction and financing of the conference center, parking garage, and public infrastructure needed to support the development. 2030 Comprehensive Plan The 2030 Plan land use designation is Regional Commercial, which supports uses that draw a regional market, such as major shopping centers, tourist attractions and supporting accommodations that rely on convenient access from major highways. The 2030 Plan Growth Tier Map designation is Tier 1A, 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. Zoning District The PUD, Planned Unit Development District, is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties, which are to be developed in accordance with a common development scheme or planned associations of uses. PUD zoning is designed to accommodate various types of development, including a combination or mix of uses. The PUD zoning district may also provide for variations from the standard UDC requirements allowing for creation of a unique product. The C-3 base district is a regional commercial zoning district that is intended for major thoroughfares and intersections. The C-3 District is the most expansive commercial district in the UDC, allowing uses such as retail, office, restaurants, hotels, and apartments, among others. Utilities Electric, water, and wastewater for this development are served by the City of Georgetown. Transportation As it relates to the Zone B amendment and the desire to develop an urban, multifamily development access to the site is limited to Woodlawn, Hersey, and Wolf Ranch Pkwy extension. Staff Analysis The proposed PUD revision is limited to signage which does not change the overall scope of the project as currently allowed within the PUD and therefore does not change the development’s conformance with the 2030 Plan and intent of the Future Land Use designation. As indicated above, the current PUD limits the number of ground floor apartments and the amount of space within the building that could be dedicated to residential units. At the time there was a Page 358 of 437 Planning Department Staff Report Summit at Rivery Park PUD, 6th Amendment Page 4 of 5 desire to retain space for ground floor non-residential units. As the market has shifted and the plans for this property have solidified, the request before you is to permit multi-family on the first floor. The amendment proposes to allow 30 units of residential on the first floor and a maximum of 90% of building space for residential. While this is an increase in the number of residential units for this particular building the overall unit count is still within the unit count in which utilities have been planned for the overall development. UDC Section 3.06.030 establishes the following criteria for zoning changes: The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action This application was reviewed by staff and deemed to be complete. The zoning change is consistent with the Comprehensive Plan The PUD amendment does not change the zoning’s consistency with the 2030 Plan. The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City The amendment facilitates appropriate development standards for this project and therefore the orderly and healthful development of the City. The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood The amendment is compatible with the overall vision and character of the Summit at Rivery Park PUD. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. The amendment to signage further supports creating a cohesive development. The amendment to allow an increase in the ground floor units and increase in the building space used residentially will further support the non-residential development within the development. Findings Based on all the information presented, staff has made the following findings: 1. The signage amendment does not change the PUD’s consistency with the 2030 Plan’s Regional Commercial land use category. 2. The amendment to allow an increase in the ground floor units and increase in the building space used residentially will further support the non-residential development within the overall development and support the 2030’s Plan for Regional Commercial. 3. The revisions do not affect any of the agreements related to development of the hotel, conference center, parking garage, public infrastructure and related uses. Page 359 of 437 Planning Department Staff Report Summit at Rivery Park PUD, 6th Amendment Page 5 of 5 4. Site and design requirements for the development will remain in place and are not subject to change as part of this PUD. Staff Recommendation Staff is recommending approval of the application based on the above findings. Public Comments There have been no written public comments received at the time of this report. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit A – Development Plan Page 360 of 437 N IH 35 R I V E RY BL V D N AUSTIN AVE S IH 35 S M A I N S T §¨¦35 W IL LIA M S D R REZ-2017-020Exhibit #1 Coordi nate System : Texas State Plane/Centr al Zone/N AD 83/U S FeetCartographic Data For G eneral Plann ing Pu rpo ses Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 0.25 0.5Mi Page 361 of 437 S IH 35 SB S IH 35 NB N AUSTIN AVE S IH 35 FWY SB SIH35FWYNB N IH 35 SB W IL LIA M S D R P A R K L N RIVERYBLVD WOLF RANCH PKWY E 4 TH ST E 5 TH ST E 2 N D S T R A N C H R D N IH 35 FWY NBN IH 35 FWY SB W O L F R D EMORROW ST P A R K W A Y S T COUNT R Y C L U B R D W 4 T H S T PO W ER RD NCOLLEGEST EL M ST R O C K S T PIN E ST T H O M A S C T ENTR 263 SB STARVIEW DR W 3R D S T O A K L N H O L L Y S T S C E NIC D R L O W E R PARKRD D U N M A N D R E 3 R D S T ENTR 262 NB EXIT 261 S B PV R WE S T S T RIV E R H I L L S DR S A U S T I N AV E S M A IN S T C H A M B E R W A Y SPRING V A L L E Y RD F M 9 7 1 WA L N U T S T N M Y R T L E S T N C H U R C H S T A S H W O O D LN S M Y R TL E S T JUDY DR A L L Y E JANIS DR S C H U R C H S T W MO R R O W S T S C O LL E GE S T SHANNON LN G A B R I E L V I E W D R HIGHVIE W R D RIDGECREST R D M E S Q U IT E L N CLAY ST HINTZ RD ROYALDR N H I L L V I E W D RSCOUT ST HAR M ONY LN N OAKH O L L O W R D N MA I N S T A P P L E C R E E K D R PARK E R C I R RIV E R Y DRIVEWAY C E D A R D R W CE NTR AL D R FA W N LN BL U E HOLE PARK RD WSPRI N G S T B R E N D ON L E E L N W 2 N D S T MCCOY LN W O O D L A WNAVE M O R RIS D R R I V E R O A K S C V P O W E R C I R HERSHEY AVE HAGEN CT W O L F R D Coor dinate System: Texas State Plane/Ce ntral Zone/NAD 83/US FeetCartographic D ata For Gen eral Planni ng Purposes O nly ¯ Future Land Use / Overall Transportation Plan Exhibit #2 REZ-2017-020 Leg en d Thoroughfare Future Land Use In stitutional Re g ional Commercial Co m munity Comm ercial Employment Center Lo w Density Residential Mining Mixe d Use Com munity Mixe d Use Neighborhood Center Mo derate Density Residential Open Space Spe cialty M ixed Use Area Ag / Rural Residential Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Pro p osed Collector Pro p osed Freeway Pro p sed Frontage Road Pro p osed M ajor Arterial Pro p osed M inor Arterial Pro p osed Railroad Hi gh Density Residential Legend Sit eParcelsCity L im itsGeorgetown ET J 0 ¼½Mi Page 362 of 437 S IH 35 SB S IH 35 NB N AUSTIN AVE S IH 35 FWY SB SIH35FWYNB N IH 35 SB W IL LIA M S D R P A R K L N RIVERYBLVD WOLF RANCH PKWY E 4 TH ST E 5 TH ST E 2 N D S T R A N C H R D N IH 35 FWY NBN IH 35 FWY SB W O L F R D EMORROW ST P A R K W A Y S T COUNT R Y C L U B R D W 4 T H S T PO W ER RD NCOLLEGEST EL M ST R O C K S T PIN E ST T H O M A S C T ENTR 263 SB STARVIEW DR W 3R D S T O A K L N H O L L Y S T S C E NIC D R L O W E R PARKRD D U N M A N D R E 3 R D S T ENTR 262 NB EXIT 261 S B PV R WE S T S T RIV E R H I L L S DR S A U S T I N AV E S M A IN S T C H A M B E R W A Y SPRING V A L L E Y RD F M 9 7 1 WA L N U T S T N M Y R T L E S T N C H U R C H S T A S H W O O D LN S M Y R TL E S T JUDY DR A L L Y E JANIS DR S C H U R C H S T W MO R R O W S T S C O LL E GE S T SHANNON LN G A B R I E L V I E W D R HIGHVIE W R D RIDGECREST R D M E S Q U IT E L N CLAY ST HINTZ RD ROYALDR N H I L L V I E W D RSCOUT ST HAR M ONY LN N OAKH O L L O W R D N MA I N S T A P P L E C R E E K D R PARK E R C I R RIV E R Y DRIVEWAY C E D A R D R W CE NTR AL D R FA W N LN BL U E HOLE PARK RD WSPRI N G S T B R E N D ON L E E L N W 2 N D S T MCCOY LN W O O D L A WNAVE M O R RIS D R R I V E R O A K S C V P O W E R C I R HERSHEY AVE HAGEN CT W O L F R D Zoning InformationREZ-2017-020Exhibit #3 Co o rdi nate System : Texas State Plane/Central Zo ne/N A D 83/US FeetCartographic D ata For Gener al Plann ing Pu rposes Only LegendSiteParcelsCity LimitsGeorgetown ETJ ¯ 0 ¼½Mi Page 363 of 437 S IH 35 SB S IH 35 NB S IH 35 FWY SB RIVERYBLVD S IH 35 FWY NB W IL LIA M S D R N A U S T I N A V E WOLFRANCHPKWY N IH 35 SB C O UNTRY C L U B R D PARKLN ENTR 261 NB N IH 35 FWY NB NIH35FWYSB ENTR262NB EXIT 261 SB A L L Y WMORROW S T RIVERY DRIVEWAY PA R K W A Y S T ENTR 263 SB CLAY ST HINTZRD A D AMSST N MA I N S T T H O M A S C T C E D A R D R RIV E R SID E D R WSPR I N G S T MCCOY LN WO O D L AWNAVE M O R RIS D R WILLIAMSDRTNNB G A B RIE L VIE W D R HIGHKNOLLLN W I L L O W L N SANGABRIELVILL A G E B L V D W VALLEY STHERSHEY AVE W S P R I N G S T Coordi nate System : Texas State Plane/Centr al Zone/N AD 83/U S FeetCartographic Data For G eneral Plann ing Pu rpo ses Only ¯ Aeria l REZ-2017-020 LegendSiteCity Limits 0 500 1,000Feet Page 364 of 437 Ordinance Number: ___________________ Page 1 of 2 Description: The Summit at Rivery Park PUD 6th Amendment Case File Number: REZ-2017-20 Date Approved: January 10, 2016 Exhibit A Attached ORDINANCE NO. _____________________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to amend The Summit at Rivery Park Planned Unit Development (PUD) for approximately 31.94 acres in the following subdivisions: Brownstone at the Summit Phase 1, Brownstone at Summit Phase 2 -4, Brownstone at Summit Phase 5-6, a portion of lot 4 block "A" lots 1,2,3,5,6 in the Rivery Park Subdivision II and Lot 2 Block "A" in the Rivery Park Subdivision, to be known as The Summit at Rivery Park PUD Sixth Amendment; 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"): 31.94 acres described as Brownstone at the Summit Phase 1, Brownstone at Summit Phase 2 -4, Brownstone at Summit Phase 5-6, a portion of lot 4 block "A" lots 1,2,3,5,6 in the Rivery Park Subdivision II and Lot 2 Block "A" in the Rivery Park Subdivision , as recorded in the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; 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 December 5, 2017, 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 January 9, 2018, 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. Page 365 of 437 Ordinance Number: ___________________ Page 2 of 2 Description: The Summit at Rivery Park PUD 6th Amendment Case File Number: REZ-2017-20 Date Approved: January 10, 2016 Exhibit A Attached Section 2. Development Plan of the Planned Unit Development (PUD) District for The Summit at Rivery Park is hereby amended in accordance with the attached Exhibit A (PUD Development Plan) and incorporated herein by reference. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 9th day of January, 2018. APPROVED AND ADOPTED on Second Reading on the 23rd day of January, 2018. THE CITY OF GEORGETOWN: ATTEST: ______________________ _________________________ Dale Ross Shelley Nowling Mayor City Secretary APPROVED AS TO FORM: ______________________ Charlie McNabb City Attorney Page 366 of 437 1 PLANNED UNIT DEVELOPMENT FOR THE SUMMIT AT RIVERY PARK Sixth Amendment 1. DEFINITIONS 1.1 All definitions referenced in the Unified Development Code of the City of Georgetown, Ordinance No. 2003-15, as subsequently amended and codified in Title 17 of Georgetown Code of Ordinances (the “Code”), shall apply to interpretation of the terms of this Planned Unit Development for the Summit at Rivery Park (this “PUD”). Any terms not defined in this Development Plan shall be construed by applying the Random House Webster’s Unabridged Dictionary, subject to the approval of such interpretation by the director of Planning and Development Services of the City of Georgetown. 2. PROPERTY 2.1 This PUD applies to approximately 31.94 acres of land located within the jurisdictional limits of the City of Georgetown, Texas, described by metes and bounds and by plat (for the portions platted) on Exhibit “A” and herein defined as the “Property.” 3. APPROVAL CRITERIA 3.1 This PUD modification has been initiated by the Director pursuant to the Memorandum of Understanding between the City and Novak Brothers LLC and Hines Interests Limited Partnership dated May 14, 2013, as amended, and Section 3.06.020.A.4 of the Code. This PUD is intended to conform to the approval criteria of Sections 3.06.030 and 3.06.040 of the Code. Section 3.06.030 of the Code provides that the following criteria shall be considered by City Council for zoning changes: (a) The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; (b) The zoning change is consistent with the Comprehensive Plan; (c) The zoning change promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City; (d) The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and (e) The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. Page 367 of 437 2 Section 3.06.040 of the Code provides that, in addition of consideration of the foregoing criteria of Section 3.06.030, the following applicable criteria shall be considered by City Council for approving this PUD: (a) An orderly and creative arrangement of all land uses with respect to each other and to the entire community; (b) A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways and pedestrian walkways; (c) The provisions of cultural or recreational facilities for all segments of the community; (d) The location of general building envelopes to take maximum advantage of the natural and manmade environment; and (e) The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities and services. 4. DEVELOPMENT ZONES 4.1 General. For the purposes of this PUD, the Property is divided into five (5) Development Zones as shown on Exhibit “B”, being Zone A, Zones B1, B2, and B3, and Zone C. 4.2 Zone A. Zone A consists of approximately 8.190 acres of land described as Block H of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B”. Zone A consists of the southern one-third of the land comprising the Property and is the development zone closest in proximity to Interstate 35. Zone A is separated from the remainder of the land comprising the Property by the proposed new Woodlawn and Hershey Avenues. Zone A shall be designed and developed for multifamily residential development. A site plan for the multifamily residential development was submitted on 09/27/2013 (SP-2013-022). 4.3 Zone B1. Zone B1 consists of approximately 4.196 acres of land described as Block F of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B”. Zone B1 consists of the rear, central portion of the land comprising the Property and is separated from Zone A by the existing access road and easement to Rivery Park and is generally separated from Zone C by the proposed new Hintz Road. Zone B1 is separated from Zones B2 and B3 by the proposed new Woodlawn Avenue. Zone B1 shall be designed and developed for a hotel with at least 221 rooms, a conference center including a ballroom comprised of at least 16,000 square feet, and a multilevel above- ground public parking garage containing at least 336 parking spaces. A site plan for the Hotel/Conference Center/Parking Garage was submitted on 06/05/2013 (SP-2013-009). 4.4 Zone B2. Zone B2 consists of approximately 2.433 acres of land and is generally depicted as Block E of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B.” Zone B2 is separated from Zone B1 by the proposed new Woodlawn Avenue and Zone B3 by the proposed extension of Wolf Ranch Parkway and is generally separated from Zone C by the proposed new Hintz Road. Zone B2 shall be Page 368 of 437 3 designed and developed for mixed residential and commercial use and associated surface parking. 4.5 Zone B3. Zone B3 consists of approximately 3.021 acres of land and is generally depicted as Block G of Phase 5 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B.” Zone B3 is generally separated from Zones B1 by the proposed new Woodlawn Avenue and Zone B2 by the proposed extension of Wolf Ranch Parkway and is segmented from Zone A by the proposed new Woodlawn and Hershey Avenues. Zone B3 shall be designed and developed for mixed residential and commercial use and associated surface parking. 4.6 Zone C. Zone C consists of approximately 11.0 acres of land and is generally depicted as Phases 1-4 of the Brownstone at the Summit, and Block A of Phase 5 and Phases 6-12 of The Summit at Rivery Park Preliminary Plat, shown on Exhibit “B”. Zone C represents the northern remainder of land comprising the Property and is generally described as the land north of Hintz Road to the eastern edge of the Property. Zone C shall be designed and developed for Brownstone Single Family Residential Development. 4.7 Site Layout. The Site Layout for the Property is also depicted in Exhibit “B”, attached hereto and incorporated herein by reference for all purposes. 4.8 Final Site Plans. All Final Site Plans must substantially conform to the terms and conditions of this PUD and, in all material respects, with the Site Layout attached hereto as Exhibit “B”. Multiple Final Site Plans may be submitted for each Zone if necessary to accommodate phased development of the Property. A site plan for the Hotel/Conference Center/Parking Garage was submitted on 06/05/2013 (SP-2013-009). A site plan for the Apartments was submitted on 09/27/2013 (SP-2013-022). 4.9 Building Height. As applied herein, “Building Height” shall be defined according to Section 7.03.030(D) of the Code, except that individual residences within the Brownstone residential development, as defined in Section 6 of this PUD, may include rooftop shade structures, provided that such structures shall not occupy more than thirty-three (33) percent of the area of the roof and must not be visible from the public street in front of the residence. Heights of all Buildings to be designed and developed in Zone C shall comply with building height limitations prescribed under Table 7.03.020 for the C-3 zoning designation, except that the individual residences within the Brownstone residential development may exceed the limitations under Table 7.03.020 by five (5) feet. Heights of all Buildings to be designed and developed in Zone A and Zones B1, B2, and B3 may vary from and exceed building height limitations prescribed under Table 7.03.020 of the Code, as follows: (a) The Building Height for any Building in Zone A, save and except those described in Paragraph 5.9(b) below, shall not exceed the greater of eight (8) stories of vertical improvements or one hundred twenty (120) feet. Page 369 of 437 4 (b) The Building Height for any Building situated in any zone designed primarily as a free-standing restaurant will not exceed 45 feet, excluding architectural enhancement subject to City approval. (c) The Building Height for any Building in Zone B1 shall not exceed the greater of fifteen (15) stories or two hundred twenty-five (225) feet. (d) The Building Height for any Building in Zones B2 or B3 shall not exceed the greater of fifteen (15) stories or two hundred twenty-five (225) feet. 4.10 Setbacks. Except for those improvements identified in Section 7 of this PUD (relating to signage), all improvements designed and developed on the Property shall be subject to a 25-foot perimeter setback, provided, however, that no setback requirements shall be applicable to any common lot lines between any of the legal lots comprising the Property, and improvements that encroach on such common lot lines may be designed and developed under this PUD, provided that the same otherwise comply with the requirements of this PUD and the Code. Pursuant to Sections 7.03.030(C)(4) and 16.02 of the Code, landscape features, outside gathering areas, walkways, swimming pools adjacent to Rivery Park, walls, and minor utilities, shall be permitted within required setback areas, provided that the same shall not encroach on a public utility easement without a License to Encroach. To the extent defined under the Code, the improvements consisting of these features will be included in impervious cover calculations. 4.11 Impervious Cover. Impervious cover shall not exceed seventy-five (75) percent as applied to the aggregate sum of the building and improvement footprints compared to the comprehensive area of land comprising the Property. Individual site plans for the Property shall tabulate cumulative totals relative to impervious cover for the Property. In no case shall a site plan be approved if it causes the impervious cover on the comprehensive area of land comprising the Property to exceed seventy-five (75) percent. 5. APPLICABILITY OF CITY ORDINANCES 5.1 This PUD addresses certain zoning requirements applicable to all portions of the Property. All design, development, and use criteria not specifically covered by this PUD shall be subject to the applicable provisions of the Code. All design, development and use of the Property shall conform to the PUD described herein and, unless superseded, amended or controverted by the terms of this PUD, to a General Commercial District (C-3), which is the zoning designation most similar to and compatible with the design, development and use proposed for the Property. 5.2 The following uses shall be the only allowed uses of the Property: (a) Zone A – Multi-family residential development; (b) Zone B1 – Hotels and Conference/Event Centers, if in conformance with all applicable provisions of this PUD and all written agreements between the City and the owner of the Property in the PUD pertaining to same; (c) Zones B2 and B3 –Limited Service Hotel and/or residential uses, if located on the second floor or above (prohibited on the ground floor);. If residential Page 370 of 437 5 uses are located on the first floor, the units shall be constructed to commercial construction specifications to allow for potential future conversion to non- residential use. (d) Zone C – Brownstone Residential Development, if in conformance with Section 6 of this PUD; (e) Notwithstanding the foregoing, in addition to the uses set forth and permitted in (a)-(d) above, any Zone can include the following allowable uses– (1) Restaurant (no drive-thru); (2) Bar, tavern or pub; (3) General office (upper-story only); (3)(4) Medical facilities; (4)(5) General retail; (5)(6) Personal services; and (6)(7) Parking garages. All other uses are prohibited. In addition, tax-exempt uses are prohibited in every Zone on the Property. 6. BROWNSTONE SINGLE FAMILY RESIDENTIAL 6.1 General. Zone C may be developed with Brownstone single family dwellings. The Brownstones are single family dwellings with shared walls on one or more sides situated on separate, legally platted lots. Home-based businesses as an accessory use as defined in Section 5.02.020.E of the Code are permitted in Brownstones. 6.2 Dwelling Size and Number, Setbacks, Lot Dimensions. Brownstones are zero lot line single family dwellings with no required front, rear or side setbacks. Brownstones Maximum Number of Dwellings Connected on One or More Sides, constituting a block of individually platted homes 6 Lot & Dwelling Width, minimum 18 feet Lot & Dwelling Depth, minimum 40 feet Height, maximum 50 feet Dwelling Size, minimum 1700 square feet 6.3 Design Standards. Brownstones shall contain variation through articulation of front façades, using different building materials, colors, entries and window design. Garages for two vehicles per dwelling will be accessed from Brownstone Alleys or Brownstone Streets. Rooftop outdoor living areas are expressly permitted. A schematic presentation of Brownstone lots and design is shown in Exhibit “D”. Page 371 of 437 6 6.4 Site Plans. Individual Site Plans for the brownstone lots within Zone C shall not require Site Plan review and shall be reviewed following the Building Permit review process for single-family residential properties, provided that the buildings conform to the building configurations approved in administrative exception AE-2011-007 on file at the Georgetown Planning Department, and provided that a Site Plan will be required and reviewed for all other properties and open space lots within Zone C. The site plan approval for an open space lot shall be required prior to the approval of the building plan for the adjacent brownstone lot. Any final Site Plan must also conform in all material respects to the Site Layout, all applicable Exhibits, and this PUD document. 7. MASTER SIGN PLAN 7.1 A comprehensive signage plan for the development of the Property (the “Master Sign Plan”) shall be required. The Master Sign Plan serves to implement signs uniformly as a means of clear visual communication, and is intended to cause the designs of any signs on the Property to be complementary to the natural environment, and to improve pedestrian and vehicular safety. Signs may only convey the name of the businesses and the products or services offered within the Property, provided, however, that temporary construction signs, signs advertising portions of the Property for sale or lease, and temporary signs announcing special events on any portion of the Property shall be permitted. Monument signs, walls, fencing, architectural features, as well as sign design and lettering, along the public right-of-way adjoining the Property will be homogenous and will consist of a standard design to ensure that the comprehensive signage for the Property does not dominate the streetscape. All signs shall be constructed of materials and colors compatible with those utilized on the Buildings’ facades so as to blend into the environment and the development scheme of the Property in general. Billboard signs shall not be erected on the Property. 7.2 The Master Sign Plan shall be submitted to the City for approval by the Building Official prior to and as a condition for final approval of any site plan for any part of the Property. Signage designed, developed or constructed within the Property shall comply with the approved Master Sign Plan. 7.3 Monument Signs. Up to six (6) Monument Signs may be designed, developed and constructed along the public right-of-way of the Property, and may be located along the Property’s boundaries in direct proximity of the planned entrances to the Property. Monument Signs shall not be subject to a 25-foot setback from the public right-of way, shall be limited to eight (8) feet in Building Height with a maximum of forty-eight (48) square feet for each of the two (2) permitted sign faces per Monument Sign, and will be installed in such areas as to maximize the public safety of owners, tenants, and invitees of and to the Property, and to enhance the efficiency of vehicular and pedestrian traffic to and from the Property. Monument Signs shall comply with minimum setbacks prescribed in Table 10.06.010 of the Code. 7.4 Low-Profile Signs. Low-Profile Signs may be used in lieu of Monument Signs. Low-Profile Signs must not exceed ten (10) feet in Building Height and are Page 372 of 437 7 otherwise subject to the same limitations applicable to Monument Signs. Low-Profile Signs shall not be subject to a 25-foot setback from the public right-of way. Low-Profile Signs shall comply with minimum setbacks prescribed in Table 10.06.010 of the Code. 7.5 As the Property represents an integrated and comprehensive mixed-use development which is distinct from adjoining developments, architectural features, walls or fencing, not to exceed ten (107) feet in height, may be used at one or morethe entries fronting Rivery Boulevard to delineate the development and to display the development name and logo. The name of the development and its logo may be used on entry features to provide a cohesive architectural and branding element for the development. Two of the six entry features will also include a blade sign for the Sheraton Hotel and Conference Center but shall not include signage for other individual tenants. Entry features are designed to be architectural features, with the majority of the structure made of stone and stucco with small-sized lettering. improvements in lieu of Monument Signs, providing that individual business names or logos shall not allowed on any entrance improvements. The maximum area of lettering attached to the architectural features, walls or fencing shall not exceed 48 square feet on each side of the entry. In order to tie the Property together, similar architectural features, walls or fencing may be used along Rivery Boulevard, providing such features do not obstruct vehicular view corridors and do not exceed height requirements prescribed in Section 7.05.010 of the Code. The variance between the maximum heights allowed for entry improvements and the architectural features, walls or fencing along Rivery Boulevard may be achieved by graduating the height between the two maximum heights. The development logo, without the development name, may be used on architectural features, walls or fencing along Rivery Boulevard as a design feature and not be considered signage. Architectural features, walls or fencing, and the attached signage at entries, shall not be subject to a 25-foot setback from the public right-of way and shall be included in the Master Sign Plan. A conceptual rendering and locations of entry feature identification, architectural features, walls or fencing proposed for entries and along Rivery Boulevard is shown in Exhibit “J”. 7.6 Internal Directional Signs and Wayfinding Signs of similar design and colors are allowed throughout the Property and shall be permitted in addition to the Property’s signs along the public right-of-way. Directional Signs shall conform to the specifications set forth in Section 10.03.020 of the Code. Wayfinding Signs which are of a style and size as Municipal Wayfinding Signs may include the names of businesses located on the Property. The number of Internal Directional and Wayfinding Signs will not exceed what is sufficient to provide safe and efficient use of the Property. Directional, wayfinding, and information signage for the public parking garage located in Zone B1 shall be as required by the City in its sole discretion. 7.7 In general, Electronic Message Centers and unshielded Neon Signs shall not be permitted to be designed, developed or constructed on the Property; provided, however, that a maximum of three (3) Electronic Message Centers may be allowed in outdoor public areas internal to the Property provided that the same are not visible from the public right-of-way on Rivery Boulevard and the same otherwise do not impair the safety or wellbeing of the public or any owner, tenant, or invitee of any portion of the Page 373 of 437 8 Property; and provided further that encased Neon Signs shall be permitted on restaurant building facades provided the same are situated at least one hundred feet (100’) from the public right-of-way on Rivery Boulevard. Electronic Message Centers will be situated so as not to be disruptive to internal vehicular traffic and will principally be used to inform visitors to the Property of activities, events or festivals planned or occurring throughout the community. 7.8 The Hotel, Conference Center, and Buildings in Zones A, B1, B2, and B3 may be accessed by several proposed driveways from Rivery Boulevard and pedestrian access ways from Rivery Park. Wall signs based upon each Building’s primary entrance and Building Façade as defined by Section 16.02 shall be expressly permitted under this PUD pursuant to Section 10.06.030(C) of the Code. Under this PUD, one wall sign secured to the top level of each of the respective Buildings which can be viewed from each view corridor is expressly permitted for the proposed hotel, conference center, and Buildings in Zones A, B1, B2, and B3. A blade sign protruding from a building can take the place of a top-level wall sign, if desired, sized consistent with Section 10.06. The proposed hotel is subject to three (3) view corridors, and therefore a maximum of three (3) wall signs shall be permitted on these improvements. The Buildings situated near the Property’s southerly and easterly boundary lines are subject to two (2) view corridors, and therefore a maximum of two (2) wall signs shall be permitted on these improvements. Wall signs will also be allowed on the parking garages in Zones A, B1, B2, and B3. Specifications for these signs will not exceed those outlined in Section 10.06.030(C)(1) and Table 10.06.010 of the Code, and shall otherwise remain subject to the specifications set forth in the finally approved Master Sign Plan. 7.9 In addition to the six (6) Monument Signs allowed in Section 7.3 along the Property’s boundaries and the architectural features allowed in Section 7.5 at the entrances to the Property from the Rivery Boulevard, one (1) additional Monument Sign shall be allowed in front of the Hotel and Conference Center to enhance the efficiency of the vehicular and pedestrian traffic as they approach the main entrance to the Hotel and Conference Center. This one Monument Sign shall be located in the landscaped island located in front of the Hotel and public Parking Garage. The sign shall be limited to twelve feet (12’-0”) in height and six feet in width (6’-0”) with a maximum sign area of 58 square feet for each of the two (2) permitted sign faces.” 7.10 Landscape wall signage is allowed within the site but not along Wolf Ranch Parkway or Rivery Boulevard, in accordance with Exhibit “J”. 8. STORM WATER DRAINAGE MAP, WATER QUALITY, AND GREY WATER 8.1 Storm Water Detention. The natural flow of storm water drains across the Property from the south and southwest to the North Fork of the San Gabriel River or to natural drainage channels that discharge to said river. Detention structures are typically Page 374 of 437 9 required to mitigate the increase in storm water runoff associated with any increase in impervious cover resulting from development; however, due the Property’s location adjacent to the San Gabriel River, detention structures are not required as any increase in runoff will not impact any property or structures downstream of the Property. A comparison of the developed runoff hydrograph of the Property to the pre-development hydrograph of the Property and to the river hydrograph must show that the development of the Property, in accordance with this PUD and the Code, will not impact structures and properties adjacent to the Property or properties downstream of the river. Storm water runoff from the developed area of Zones B1, B2, B3, and C will discharge from the site via overland and/or conveyance through the existing natural channels. The existing natural channels are primarily rock lined with sporadic natural shrubbery. Necessary drainage measures will be implemented to minimize degradation to the vegetation within the natural channels caused by any increased runoff during normal rainfall events. These measures may include providing detention to mitigate increases in runoff for the one-year and two-year occurrence intervals. Two existing storm sewer lines traverse the Property from Rivery Boulevard to natural drainage channels that convey storm water to the existing water quality pond. These storm sewer lines were constructed as part of The Rivery Phase One Construction Plans by Urban Design Group as approved on June 4, 2002. The construction plans for the existing storm sewer lines do not indicate any storm sewer inlets to serve the Property. Additional engineering calculations shall be required as part of any site plan review process to determine if adequate capacity exists in the storm sewer lines to serve the Property. The existing topography appears to allow for direct discharge into the adjacent natural drainage channels that lead to the existing water quality pond. 8.2 Water Quality. The Property is located within the Edwards Aquifer Recharge Zone according the TCEQ USGS Quad Map. The Property must comply with the requirements of Chapter 11 of the Code and the Edwards Aquifer Rules of the Texas Commission on Environmental Quality (TCEQ). Zone A and the eastern 4.29 acres of Zone B contribute to the existing adjacent water quality pond maintained by the City. The existing wet pond is approved and regulated by TCEQ Edwards Aquifer Rules. All areas contributing to the existing water quality pond shall comply with the approved Water Pollution Abatement Plan (WPAP) as amended. However, the pond can be modified to serve a more intense development and/or capture additional areas of the Property, provided that any expansion is approved by the City’s Parks & Recreation Director and meets TCEQ Edwards Aquifer Rules. Pond modifications cannot diminish access to Rivery Park amenities, and existing amenities must be restored or improved following pond modifications. The remaining tracts of land in Zone B and Zone C will require water quality controls in accordance with the TCEQ Edwards Aquifer Rules. The water quality controls may be accomplished by: Page 375 of 437 10 (a) Natural vegetative filter strips located within the City’s property known as Rivery Park – In order for natural vegetative filter strips to be viable and approved by the City, plans and analysis will have to be completed to ensure that utilizing the existing park area as vegetative filter strips will: (i) not cause additional erosion within Rivery Park; (ii) not adversely impact the existing natural vegetation (grasses, brush, or trees) within Rivery Park; (iii) meet the minimum requirements established by TCEQ for vegetative filter strips. (b) Sedimentation/filtration or other TCEQ approved controls or by natural vegetative filter strip located within the City’s adjacent water quality pond located adjacent to the Rivery Boulevard Bridge – The existing water quality pond will have to be enlarged to accommodate any additional contributing area in accordance with the requirements of TCEQ and the City engineer. In order for this option to be viable and approved by the City, plans and analysis will have to be completed to ensure that utilizing the City’s existing water quality pond along Rivery Boulevard will: (i) not cause additional erosion within Rivery Park; (ii) not adversely impact the existing natural vegetation (grasses, brush, or trees) within Rivery Park; and (iii) meet the minimum requirements established by TCEQ. (c) On-site water quality controls meeting the minimum requirements established by the TCEQ Edwards Aquifer rules – In order for this option to be viable and approved by the City, plans and analysis will have to be completed to ensure that utilizing on-site water quality controls will: (i) not cause additional erosion within Rivery Park; (ii) not adversely impact the existing natural vegetation (grasses, brush, or trees) within Rivery Park; and (iii) meet the minimum requirements established by TCEQ for vegetative filter strips. (d) A combination of two or more of the items above may be utilized to accomplish the required water quality requirements. All water quality control methods, location, and scale are subject to approval by the City by and through its City Engineer. 8.3 Grey Water Line. The final approval of this PUD will also require an access and use agreement and easement between the developer and the City of Georgetown to enable the developer to access the City’s grey water line, which runs along the bank of the North Fork of the San Gabriel River and which is located in the City’s property known as Rivery Park, for the purposes of irrigation in Rivery Park and on the Property and for other uses as available, permitted, and agreed to by the City of Georgetown. Connection to the City’s grey water line will be positioned along the Property’s most northern boundary so as to be least disruption to parkland on the east, unless otherwise approved by the Development Engineer. 9. ENVIRONMENTAL PROTECTION Page 376 of 437 11 9.1 The Plan will comply with environmental protection standards detailed in Chapter 11 of the Code, except as otherwise specified in this PUD. 10. ROADWAY INFRASTRUCTURE 10.1 The Property has approximately 2,020 feet of frontage along Rivery Boulevard, a divided arterial roadway. Rivery Boulevard has five (5) existing median cuts adjacent to the Property. Lot numbers referenced in this Section 9 are depicted on Exhibit “A”. Existing median cuts are as follows: (a) At the southwest corner of Lot 2, Block A, of Rivery Park subdivision, with an accompanying curb cut and public access road to Lot 1-1, Block A, of the Replat of Rivery Park, Lot 1, Block A, and Lot 1-2, Block A, of the Replat of Rivery Park, Lots 1-2 and 1-3, Block A; (b) At the southwest corner of Lot 1, Block A, of Rivery Park II subdivision, with no accompanying curb cut; (c) Near the common lot line between Lots 2 & 3, of Rivery Park II subdivision, with an accompanying curb cut and public access road to Rivery Park; (d) Opposite Wolf Ranch Parkway (near the southeast corner Lot 5, of Rivery Park II subdivision) with no accompanying curb cut; and (e) Near the northwest corner of Lot 6, of Rivery Park II subdivision, with an accompanying curb cut and across from the common property line of Lots 2 and 3, Block B, of Rivery Park II, Block B, Amended. 10.2 The City of Georgetown transportation criteria require that a driveway on a divided arterial be separated by a minimum of 305 feet based upon the posted speed limit of 40 miles per hour, unless a waiver is approved by the City Engineer. No additional median cuts or alterations are proposed for this PUD. Curb cuts with internal driveways to access the Property will be utilized at each of the existing median cuts. Subject to a field study according to Section 3 of Chapter 2 of the TxDOT Design Manual showing stopping sight distances and attached as Exhibit “L”, an additional curb cut limited to a right-in and right-out driveway without an accompanying median cut near the northwest corner of Lot 7, in Rivery Park II subdivision, is planned for accessibility to the residential development and the proposed restaurant(s) as depicted in Exhibit “C”. 10.3 An additional Traffic Impact Analysis is not required for this PUD. 10.4 Driveway widths at all entries to the Property shall comply with Section 12.04 of the Code. 11. INTERNAL PEDESTRIAN & VEHICULAR CIRCULATION Page 377 of 437 12 11.1 The improvements within this PUD will be designed to maximize pedestrian and vehicular circulation within the Property, and all of the existing median and curb cuts will be integrated therein for ingress and egress from and to the Property. Construction of (i) two (2) additional curb cuts at existing median cuts along Rivery Boulevard in accordance with the Code; and (ii) one (1) additional curb cut without a corresponding median cut shall be permitted under this PUD to provide ingress and egress to and from the Property. The location of the additional curb cut described in (ii) above shall be subject to a field study according to Section 3 of Chapter 2 of the TxDOT Design and to approval by the City Engineer. This PUD will include pedestrian and vehicular circulation plans designed to provide access to all areas within Zone A, Zone B and Zone C, and will incorporate homogenous design features for all Buildings and other improvements and appurtenances within the Property, and to provide reciprocal access between the Property and the City’s contiguous property known as Rivery Park. All designs for internal pedestrian and vehicular circulation shall comply with the Americans With Disabilities Act, as amended, and the Texas Accessibility Standards as codified in the Texas Architectural Barriers Act, Article 9102, Texas Revised Civil Statutes, as amended. 11.2 After final approval of this PUD, the general alignment of proposed internal pedestrian and vehicular circulation may be modified from the proposed rendering shown in Exhibit “C” to accommodate Building locations on the approved site plan(s) and for the protection of trees and fire safety requirements. A schematic presentation of suggested internal pedestrian and vehicular circulation is depicted in Exhibit “F”, attached hereto and incorporated herein by reference. It is the intent of this PUD that vehicular streets internal to the Property and depicted as such in Exhibit “F” be considered as public streets. Design Details for public streets on the Property are depicted in Exhibit “G”, which is attached hereto and incorporated herein as part of this PUD. Public streets within the Property shall be designated as Mixed Use Streets, Brownstone Streets, and Brownstone Alleys. 11.3 The horizontal and vertical curves in the Brownstone Streets and the Brownstone Alleys in Zone C shall be designed and posted for 20 miles per hour. 11.4 Utility depth in the Brownstone Streets cannot exceed ten (10) feet. Street trees will be planted in a manner which prevents root growth from interfering with underground utilities. Locations for street trees and utilities will be specified in plats and construction plans. 11.5 Brownstone Alleys or Brownstone Streets will provide access for garbage pickup to individual residences. 11.6 A property owners’ association will maintain the Brownstone Alleys. Page 378 of 437 13 11.7 Fire-rated vehicular access will be provided on at least two sides of the multi-story hotel(s). Alternate materials, such as grasscrete, may be used to provide access. 11.8 Individual site plans may utilize traffic calming methods in all Zones of the Property to slow traffic and to ensure pedestrian safety. 11.9 Planned pedestrian walkways on the Property will feature outdoor amenity areas and will be designed to connect to amenities located in the City’s property known as Rivery Park. Pedestrian access between Rivery Park and the Property is planned via at least two outdoor amenity areas. 11.10 Vehicular access between the Property and Rivery Park will be maintained at all times via a roadway which will connect to a parking area in Rivery Park. The park access road may be relocated to the south side of the Property, providing that any relocation include a parking area with the same or an additional number of parking spaces as the existing parking area in Rivery Park. The park access road will be well marked for the public and noted by signage located on the Property’s perimeter and adjacent to Rivery Boulevard. 12. PARKING REQUIREMENTS 12.1 Pursuant to Section 9.02.050(C) of the Code, this PUD will require the creation of a Reciprocal Access and Parking Easement among all owners, tenants, subtenants, and purchasers of subdivided lots within the Property. Improvements within this PUD shall consist of a mixed-use development with a variety of businesses that conduct business at varying times. It is unlikely that all of these businesses will operate at maximum capacity during the same hours of the day. In addition, this PUD shall be inclusive of parking features that will permit invitees to the Property, including the hotel(s), conference center, restaurants, and office and retail buildings in Zone A, Zone B and Zone C to share all vehicular parking facilities. Designs in furtherance of this PUD should be created to maximize the natural aesthetics of the Property by preserving as many Heritage Trees in Zones A and B, Significant Tree Stands, and Protected Trees as possible. To accommodate the foregoing objective, this PUD will include a reduction in the minimum parking requirements for the improvements to be constructed on the Property. A 10 percent reduction in parking required by the Code is permitted without further study due to significant public parking, street parking, and retail parking in the vicinity, providing a shared environment. Further reduction, not to exceed twenty (20%) percent of the number of parking spaces required by the Code,; provided that any such variance shall be supported by a Shared Parking Study to be completed by the developer at the time of Site Development Plan. Offsite parking for the hotel(s) and conference center shall be expressly permitted by contracting with another party for off-site parking spaces in limited circumstances warranted by a specific event. Valet parking services for on-site parking and off-site parking shall be permitted within the Property. Any Page 379 of 437 14 traditional multifamily that has first floor units shall be required to fully meet the minimum standards of the UDC. 12.2 In Zone C, the Brownstone residential development, as defined in Section 6 of this PUD, shall comply with off-street parking and guest parking requirements for household living as prescribed in Table 9.02.030(A) of the Code. 12.3 Parking space dimensions for off-street parking in all Zones shall meet dimensions prescribed in Section 9.03.020 of the Code. 13. LANDSCAPING, PRIVATE OPEN SPACE, COMMON RECREATION AREA & OUTDOOR AMENITY AREAS 13.1 Landscape Areas. Landscape requirements for this PUD shall meet all applicable requirements in Chapter 8 of the Code, unless otherwise stated. Bufferyards do not apply to this Property pursuant to Section 8.08.030 of the Code. Required percentages for landscape area and tree canopy under the C-3 zoning designation of the Code shall be applied to the aggregate sum of the land comprising the Property and not applied to individual Zones or site plans, providing that each Zone will have a minimum of fifteen (15) percent landscape area. Individual site plans for the Property shall tabulate cumulative totals relative to landscape area and tree canopy for the Property. Street landscaping on the public streets depicted on Exhibit “F” within the Property shall fall under the landscape requirements for A and B Streets and for Alleys under the Zoning Regulations for Mixed Use Zoning Districts in order to accommodate the intended density of this PUD’s mixed use development. 13.2 Landscaping for individual brownstone lots shall be addressed on the site plan surrounding the lot and shall not be required on the individual lot. 13.3 Landscape Maintenance. A property owners’ association will maintain sidewalks, street trees, landscaping and irrigation in the rights of way and on the Property. 13.4 Private Open Space. For brownstone lots in Zone C, Private Open Space requirements outlined in Section 6.03.070(C)(3) of the Code shall be met by private rooftop decks on each unit. 13.5 Common Recreation Area. For brownstone development in Zone C, Common Recreation Area requirements outlined in Section 6.06.050 of the Code shall be met by a series of pocket parks internal to Zone C. Pocket parks will include trails and landscaped sitting areas and may include picnic areas or game court areas. In total, these pocket parks and Amenity Area “1” as detailed in Section 13.6(a) of this PUD shall satisfy requirements for Common Recreation Area in Zone C by meeting the combined total for square feet required per dwelling. These areas shall be Page 380 of 437 15 reviewed and constructed in conjunction with the adjacent site plan. Common Recreation Area for any stand-alone multifamily development shall be addressed with the site plan review for that development. 13.6 Amenity Areas. The amenity areas within the Property shall be designed so as to complement and not conflict with the natural environment of the Property. The Property shall contain at least four (4) Amenity Areas. Each of these areas will incorporate a theme of natural elements and architecture to support this purpose. Amenity Areas “2,” “3” and “4” shall satisfy all requirements for Public Open Space and Common Recreation Area in Zone A and Zone B. Suggested Amenity Areas are depicted in Exhibit “H” as follows: (a) Amenity Area “1” – The Central Green, located in Zone C: This area will comprise a large, grassy open area between Buildings. Any improvements in this area will be constructed with materials and finishes that are compatible with those on adjacent Buildings within the Property. The design of this area may encompass gathering and sitting areas which will be visually attractive from within the Buildings adjacent to this area. This area may incorporate water feature(s) that complement an urban plaza and which may be artful in nature. (b) Amenity Area “2” - The Park Sector, located between the Building(s) in Zone A and the hotel(s) and conference center in Zone B: This area will be designed to serve as a park-like node to link the aforementioned improvements and provide gathering spaces constructed with materials which compliment those used on the Buildings within the Property. The design for this area will also comprise one of two major pedestrian walkways between the Property and Rivery Park. This area may be screened from the street by raised planters and vegetation screens to create more intimacy within the proposed pedestrian walkways and gathering areas. The design of this area may encompass gathering and sitting areas which will be visually attractive from within the Buildings adjacent to this area. This area may incorporate water feature(s) that complement an urban plaza and which may be artful in nature. (c) Amenity Area “3” – The Overlook Sector, located along the eastern perimeter of Zone A and Zone B of the Property: The Overlook Sector will serve as an extension of the outdoors to adjacent Buildings within the Property and designs for this area may include seating and viewing areas to serve pedestrians on the walkways that encircle the development areas of the Property. The design for this area will also comprise one of two major pedestrian walkways between the Property and Rivery Park. Hardscape elements will be constructed with materials and finishes that compliment the adjacent Buildings within the Property. The design of this area may include gathering and sitting areas along the eastern perimeter of Page 381 of 437 16 the Property, and may include connectivity and access to other Amenity Areas. (e) Amenity Area “4” – The Pedestrian Plaza Sector, located on both sides of the vehicular street running in front of the hotel(s) and conference center and connecting the Buildings in Zone A and Zone B with the Central Green in Zone C: This area will serve as arrival areas and connections to and between the Buildings. This area shall be designed to provide for efficient pedestrian movement between all areas of the Property and may include viewing areas and corridors. Hardscape elements will be constructed with materials and finishes that compliment the adjacent Buildings within the Property. The design of this area may include gathering and sitting areas, and may include connectivity and access to Amenity Area “1” and Amenity Area “2”. The design for this area also may feature an existing 37-inch caliper Live Oak creating a large shady plaza for outdoor seating. The seating area will provide a gathering spot overlooking Rivery Park and the North Fork of the San Gabriel River below. This area may incorporate water feature(s) that complement an urban plaza and which may be artful in nature. 13.7 Parkland Dedication. Fees will be paid in lieu of parkland dedication in an amount equal to $250 per new dwelling unit, except that, for each structure containing more than four (4) dwelling units, the fee shall be in an amount equal to the greater of $900 or $200 per dwelling unit. For the purposes of this PUD and the calculation of fees, individually platted Brownstone dwellings in Zone C are considered individual dwelling units and parkland dedication fees shall be paid prior to final plat recordation. 13.8 Size and Design Approval. Specific size and design of pocket parks and amenity areas may vary from depictions in Exhibits “C”, “G” and “H” but will be approved by the City as part of the individual site plans of any adjacent property. 13.9 Rivery Park Enhancements. Scope and design of enhancements to Rivery Park, as may be allowed through a separate agreement with the City, will be approved by the Parks and Recreation Director. 14. TREE PRESERVATION 14.1 Tree preservation for all trees within the Property shall comply with Plat Notes #17 and #20 as shown on the approved plat recorded in Cabinet AA, Slides 20- 23, Plat Records of Williamson County, Texas, and the requirements as to tree preservation contained in such Plat Note shall supersede the requirements set forth in Section 11.03 of the Code. Designs in furtherance of this PUD should be created to maximize the natural aesthetics of the Property by preserving as many Heritage Trees and Protected Trees as possible in Zones A and B. Page 382 of 437 17 15. BUILDING DESIGN & MATERIALS 15.1 With the exception of the Brownstone residential development in Zone C, as defined in Section 6 of this PUD, all Buildings designed for and constructed on the Property will comply with the Non-Residential Design Standards set forth in Section 7.04 of the Code unless otherwise provided for in this PUD. Any stand-alone multifamily constructed in Zone A shall also meet any applicable requirements of Chapter 6 of the UDC in addition to the applicable regulations of Chapter 7. Options for Building materials and color palettes will be submitted to the Planning Director as a condition precedent to final approval of the site plan(s). 16. EXTERIOR LIGHTING 16.1 Exterior Lighting on the Property and its Buildings will comply with the requirements set forth in Section 7.05.020 of the Code related to outdoor lighting unless otherwise described in this PUD. 17. PUD MODIFICATIONS 17.1 This PUD represents the allowable uses and design standards for the three Zones contained within the Property. The concept plan depicted in Exhibit “C”, the suggested amenity areas depicted in Exhibit “H”, and the proposed pedestrian and vehicular circulation depicted in Exhibit “F” are illustrative only and do not represent final designs. Modifications to Building sizes, uses and locations, as well as to amenity areas and to pedestrian and vehicular circulation, are allowed without amendment to the PUD, providing modifications conform to uses authorized by this PUD or to applicable provisions of the Code. Page 383 of 437 18 18. LIST OF EXHIBITS 18.1 The following exhibits are attached hereto and incorporated herein by reference: A. Property Map with Tract or Lot Lines Designated B. Property Map with Zone Designations Outlined (revised June 2010December 2013) C. Property Map with Conceptual Site Plan(s) (revised September 2011) D. Property Map with Building Envelopes Outlined E. Property Map of City Utilities F. Schematic Presentation of Proposed Pedestrian & Vehicular Circulation on the Property, including Public Access Road to Rivery Park (revised September 2011) G. Schematic Presentation of Design Details (new September 2011) H. Schematic Presentation of Amenity Areas (revised June 2010) I. Schematic Presentation of Rivery Park Upgrades with Connectivity to the Property (revised June 2010) J. Conceptual rendering of architectural features, walls or fencing proposed for entries and along Rivery Boulevard (new revised Januaryune 20108) K. Typed Field Notes Identifying the Property on Letter-sized Paper (renumbered June 2010) L. Field Study Showing Stopping Sight Distances (new June 2010) M. Tabulation of Total Square Footage and Residential Density (new revised Juneanuary 20108) N. Schematic Presentation of Brownstones (new September 2011) O. Reduced Copies on Letter-sized Paper (8.5” x 11”) of All Sheets of the Plan Page 384 of 437 Page 385 of 437 -�-:::• -�·- -- -=--=-· =� - f·.'-� ;-... .--;;. �® •;/ .. ,':""',.,..,\i 3 .- 1��' -- ••' .�t •' ���� .:. --� :-= =-� -� ---------=--::::� ',,1 . -= .= �·!:""'?' �v----=-:..-___ ..... -�--=: _ _._. {�}�� ·!!....... -..... )1;_,1 ;t-:>-,._ -----'<'',JJ.J;'";",. ��:---:i. � .. ·�-� �. -.. :·.-.·.\ � 12��:�::::::�t\\!, \ ---AMU0LTIFAMllX,,.� \��;· .. ·, _ . I :::-;� •,"-.'.-,-_�-+�! ,;., ___ �.!•...:�-\ "\:, .. �,'\\.·�:82; --= -·'t . ;i,"r:•1;,-a�f· !.';� _;_, ·-,;_.,-. i--11._-�"-��� ___ : .-·--::: ,--;.:."=· J' .. .- ---:L:., le::.J d] / '· .. \ ZONE BOUNDAR�ES A, 81, B2. 83 and C AMENITY AREAS l, 3 and 4 VEHICULAR CIRCULATION I ACCESS SUMMIT AT RIVERY PARK-EXHIBIT B Page 386 of 437 Page 387 of 437 Page 388 of 437 Page 389 of 437 Page 390 of 437 Page 391 of 437 Page 392 of 437 Page 393 of 437 Page 394 of 437 Page 395 of 437 Page 396 of 437 PUD- Exhibit M The Summit at Rivery Park Schematic Tabulation of Total Development This tabulation is based on the proposed schematic plan indicated in Exhibit C. Conceptual site plan for the illustrative purposes only. The final site plan, including the number of stories associated with the buildings, may vary significantly from those depicted in this rendering. This plan does not address life safety and fire access issues. The total development square footage as shown in Exhibit C is broken down as follows: Brownstone/Flats DU 595154 Hotel Rooms 380 Conference Center SF 25,000 Office Sf 35,000163,500 Retail SF 66,500 Restaurant SF 30,00019,500 The residential density in Zone C is: 12415 units on approximately 8.6 acres = 14.423.4 units to the acre. Page 397 of 437 Page 398 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Second Readi ng o f an Ordinance restri cti ng vehi cul ar traffi c and cl osi ng the i nte rsecti o n of West Majesti c Oak Lane and Apache Mountai n Lane in the Sun City Subdivisio n, in the City of Georgetown, Texas -- Rac hael Jonro we, Councilmember District 6 (acti on requi red) ITEM SUMMARY: In the interest of public safety, the city council should close the intersection of West Maje stic Oak Lane and Apache Mountain Lane to thro ugh traffic, restricting access for e mergency purposes only, through means deemed appropriate by Council. FINANCIAL IMPACT: Financial impac t will vary, depending on the actio ns o f council, but could range from $0 to appro ximately $25,000. SUBMITTED BY: Rachael Jonrowe, Councilmember District 6 ATTACHMENT S: Description Majestic Oak C lo s ure Ord inance Page 399 of 437 Ordinance Number: __________________ Page 1 of 3 Description: Closure of Access Point at West Majestic Oak Lane and Apache Mountain Lane Date Approved: ______________________________, 201__. ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS (“CITY”) RESTRICTING VEHICULAR TRAFFIC AND CLOSING THE INTERSECTION OF WEST MAJESTIC OAK LANE AND APACHE MOUNTAIN LANE IN THE SUN CITY SUBDIVISION, IN THE CITY OF GEORGETOWN, TEXAS; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Section 311.005 of the Texas Transportation Code states that a home-rule municipality may regulate the movement of a structure over or on a street of the municipality; and WHEREAS, Section 311.007 of the Texas Transportation Code states that a home-rule municipality has broad discretion to close a street; and WHEREAS, Section 1.04 of the City of Georgetown City Charter states that the City shall have exclusive domain, control and jurisdiction in, upon, over and under the public streets, sidewalks, alleys, highways, public squares and public ways (except those under State control if required by State law) that are within the corporate limits of the city, and in, upon, over, and under all public property of the City; and WHEREAS, West Majestic Oak Lane and Apache Mountain Lane are not under the control of the State; and WHEREAS, the intersection of West Majestic Oak Lane and Apache Mountain Lane is within the city limits of the City of Georgetown, Texas; and WHEREAS, the City Council finds that the amount of thru-traffic being directed through the intersection of West Majestic Oak Lane and Apache Mountain Lane is unsafe. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Chapter 551, of the Texas Government Code. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Page 400 of 437 Ordinance Number: __________________ Page 2 of 3 Description: Closure of Access Point at West Majestic Oak Lane and Apache Mountain Lane Date Approved: ______________________________, 201__. Section 3. The intersection of West Majestic Oak Lane and Apache Mountain Lane in the Sun City Subdivision shall be closed and restricted to emergency vehicles and for emergency evacuation. Section 4. Restriction by temporary means will begin no later than twenty (20) days after the effective date of this ordinance, and by permanent means no later than one hundred and 80 (180) days after the effective date, provided in such 180 days the UDC is amended to allow private streets in residential neighborhoods for emergency access, if not so amended this ordinance shall have no further force and effect. Section 5. All ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 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 and hereby declared to be severable. Section 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED ON FIRST READING on the ______ day of__________, 201__. PASSED AND APPROVED ON SECOND READING on the ______ day of ________, 201__. ATTEST: THE CITY OF GEORGETOWN: ________________________________ _____________________________________ City Secretary Mayor APPROVED AS TO FORM: ______________________________ City Attorney Page 401 of 437 Ordinance Number: __________________ Page 3 of 3 Description: Closure of Access Point at West Majestic Oak Lane and Apache Mountain Lane Date Approved: ______________________________, 201__. Page 402 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: P roject updates and status reports regarding current and future transportation and traffic project; street, sidewalk, and other infrastructure pro jects; police, fire and other public safety pro jects; econo mic development projects; city facility projects; and downtown pro jects inc luding parking enhancements, city lease agreements, sanitation services, and possible direction to city staff -- David Morgan, City Manager ITEM SUMMARY: The City Council has requested regular updates regarding the status of projects, as well as the ability to discuss the se projects as a collective. FINANCIAL IMPACT: This is a Council Update Item. SUBMITTED BY: Shirley J. Rinn o n be half of David Morgan, City Manager ATTACHMENT S: Description GTEC Covers heet GTEC Repo rt GTAB Co vers heet GTAB Rep ort GEDCO Projec t Update Page 403 of 437 January 2018 Cover Sheet Airport Road: Engineering design 100% +: addressing storm water/water quality, performing environmental investigations for clearances. Row docs ready with ROW procurement underway. WPAP approved. Awaiting final 2 parcels to begin letting process. FM 1460 ROW & Utility Relocations: All water/wastewater utility relocates have been completed and are in service Three Utility companies have submitted invoices for reimbursement – Atmos Energy, ONCOR and Seminole Pipeline Northwest Boulevard: Engineering underway: 60% plans submitted for review, received the fully executed AFA 10-20-17 plans submitted to TxDOT for review. Engineering completion scheduled 1-18, Environmental Clearance 2-18/ NEPA Clearance 3-18 Ready to Let 3-18. Rabbit Hill Road Improvements: Task Order awarded by Council August 9, 2016. CP&Y surveying and identifying utility conflicts along route with Final Design Plans for review early fall of 2017. ROW to be procured late 2017 early 2018 Rivery Boulevard - TIA Improvements: Engineering 100% complete. Slight modification is being made to length of added lane to fit with existing features. Modifications are also being made to Williams’s dr turn lane to eliminate the need for ROW at this location. TCEQ written WPAP approval is complete for Hintz, Williams and Wolf Ranch Pkwy turn lanes. Advertising to begin on December 31st 2017. Rivery Boulevard Extension: Plans at 100%. WPAP approved. Demolition contract for structures in the ROW to be bid December/January. Project letting process begins first quarter 2018. Offers have been made on 22 parcels. Closed on 20 parcels. Environmental assessment complete on 11 parcels. Condemnation proceedings have been requested on 2 parcels. Aggressive efforts continue to close all outstanding parcels in FY 2017. Page 404 of 437 January 2018 Cover Sheet Austin Avenue Bridges Project - N & S San Gabriel Rivers: Under TxDOT environmental review. Flood Study: Study ongoing. Preliminary flood study results are complete. Mitigation efforts are current summer 2017. Final report due end of 2017. Projects will be proposed as part of the 2019 budget process. FM 971 - Realignment at Austin Avenue: Engineer’s plans submitted to City for the 60% design, received the fully executed AFA 10-20-17 plans will now be submitted to TxDOT for review. Scheduled engineering completion early 2018. FM 1460: Construction is on-going; administered by TxDOT. Utility relocation complete. Expected completion late 2018. I 35 SB FR Sidewalk Improvements Project (University Ave to Leander Rd): Open for Public use, Need final paperwork. 12-04-2017 Punch list complete. Southwest Bypass (RM 2243 to IH 35) Phase 1: Clearing complete, Pilot bores complete for bridge columns, fill started between the frontage road and the Rail, also West of RR. Drainage improvements underway, spread footing excavation starts 11-21-17. 2 Spread footings poured with 2 more set first of January. Southwest Bypass (RM 2243 to IH 35) Phase 2: County let preliminary construction project for phase 2 which includes the construction of ramps into and out of the Quarry, complete. Surveying and staking of phase 2 ongoing. Southwest Bypass (Leander Rd. to Wolf Ranch Parkway Extension)/Wolf Ranch Parkway Extension (SW Bypass to DB Wood Rd.) Construction is approximately 90% complete project wide. South San Gabriel Bridge is 95% complete. Second bridge south of the Gabriel, beam set, with panel placement and deck complete. Base course installed along with first course Asphalt on the entire project excluding the area between the bridges. 2015 Road Bond Program, Citywide Sidewalk Improvements Project Construction started May 1, 2017. Construction of initial work substantially complete. New work added to the contract will be constructed after 1-1-18 Transportation Services Operations CIP Maintenance Letter of Recommendation has been received for Choice Builders, GTAB will consider awarding project on 1/12/18. Currently working with Steger and Bizzell on task order for the following: o Drainage study at 18th and Hutto is complete. o Construction administration for 20th and Hogg, WPAP is approved. Advertising has begun, bid opening scheduled for 1/10/2018 o Design for 2nd and Rock Street detention pond upgrade. Working on WPAP modification for TCEQ. o Serenada drainage design is complete. Advertising has begun, bid opening scheduled for 1/10/2018 Page 405 of 437 2017 CDBG Scenic Drive Sidewalk Contract Awarded to Patin Construction. NTP to be issued. Pre-construction meeting was held on 12-21-17 Old Town “Northeast” Sidewalk TO awarded by Council on 7/25/17. Surveying is complete. Preliminary alignment complete, adjustment and design continues Page 406 of 437 Austin Avenue Bridges Project (North and South San Gabriel Bridges) Project No. TBD TIP Project No. N/A January 2018 Updated Project Description Develop 30% plans for improvements along Austin Ave. between 3rd Street and Morrow Street. The project involves several phases and requires participation and support from various stakeholders and interested citizens, community businesses, professional consultants, State and regional transportation partners City Staff and Council. Schedule Phase Activity Completion 1 Public involvement and alternative analyses, evaluating alternatives for feasibility and costs, etc. Early 2017 2 Develop geometric layouts and preliminary construction estimates for primary alternatives Early 2017 3 Review of primary alternative by Council TBD 4 Develop schematic and 30% plans TBD Proj. Mgrs Ed Polasek, AICP Engineer Aguirre & Fields, LP Element Status/Issues Public Involvement 3rd Public Meeting held 5/11, 4-7pm at the GTAC - 510 W. 9th St., Georgetown, TX 78626. Design 8 alternatives with 4 derivatives, working to narrow to 3-5 prudent and feasible options. Surveying Complete. Environmental Team completing Historic Resources Survey Report, next step is 106 Consultation. Under TxDOT environmental review. Rights of Way TBD Utility Relocations TBD Construction Estimates for 8 alternatives provided as part of public meeting #3. Page 407 of 437 Flood Study January 2018 Project Description Updated Flood Study for all the City’s major drainage basis – Pecan Branch, Mankins Branch, Smith Branch, Berry Creek, and all three forks of the San Gabriel River – being completed in partnership with the Texas Water Development Board through a 50% matching grant. Purpose To identify the current and future developed 100 year floodplain (1% change storm event) and to recommend possible flood mitigation measures. Project Managers Wesley Wright, P.E., Systems Engineering Director Engineer Doucet & Associates (formerly Chan & Partners) Element Status / Issues Design Study ongoing. Preliminary flood study results are complete. Mitigation efforts are current summer 2017. Final report due end of 2017. Environmental/ Archeological N/A Rights of Way N/A Utility Relocations N/A Construction N/A Other Issues N/A Page 408 of 437 FM 971 at Austin Avenue Realignment Intersection Improvements Project No. 1BZ TIP No. AG January 2018 Project Description Design and preparation of final plans, specifications and estimates (PS&E) for the widening and realignment of FM 971 at Austin Avenue, eastward to Gann Street. Purpose To provide a new alignment consistent with the alignment of the proposed Northwest Boulevard Bridge over IH 35; to allow a feasible, alternate route from the west side of I 35 to Austin Avenue, to Georgetown High School, to San Gabriel Park and a more direct route to SH 130. Project Managers Joel Weaver Engineer Klotz Associates, Inc. Element Status / Issues Design Engineer’s plans submitted to City for the 60% design, received the fully executed AFA 10-20-17 plans submitted to TxDOT for review. Scheduled engineering completion early 2018 Environmental/ Archeological TBD Rights of Way Pursuing two remaining parcels on NE end of project. Utility Relocations TBD Construction Estimated late fiscal year 18-19 Other Issues AFA with TxDOT complete. Page 409 of 437 FM 1460 Quail Valley Drive to University Drive Project No. 5RB TIP No. BO & CD January 2018 Unchanged Project Description Design and preparation of plans, specifications and estimates (PS&E) for the widening and reconstruction of FM 1460. Project will include review and update to existing Schematic, Right-of-Way Map and Environmental Document and completion of the PS&E for the remaining existing roadway. Purpose To keep the currently approved environmental documents active; purchase ROW, effect utility relocations/clearance and to provide on-the-shelf PS&E for TxDOT letting not later than August 2013, pending available construction funding. Project Managers TxDOT Engineer Brown and Gay Engineers, Inc. Element Status / Issues Design Complete Environmental/ Archeological Complete Rights of Way Complete Utility Relocations Complete Construction Construction is on-going; administered by TxDOT. Expected completion by the end of 2018. Other Issues Engineer and Staff continue to monitor change orders to construction contract. Page 410 of 437 I 35 SB FR Sidewalk Improvements Project (University Avenue to Leander Rd) Project No. None TIP No. None January 2018 Project Description Design and preparation of final plans, specifications and estimates (PS&E) and construction administration for sidewalk improvements along I 35 from University Ave. to Leander Rd. Purpose To provide ADA/TDLR compliant sidewalks along the I 35 SB FR. Project Managers Joel Weaver Engineer KCI Element Status / Issues Design Council approved in March. Environmental/ Archeological Rights of Way Complete. Multiple Use Agreement received from TxDOT. Utility Relocations None anticipated. Construction Open for Public use, Need final paperwork. 12-04-2017 Punch list complete. Other Issues Final alignment in yellow. Page 411 of 437 Southwest Bypass Project (RM 2243 to IH 35) Project No. 1CA Project No. BK January 2018 Project Description Develop PS&E for Southwest Bypass from Leander Road (RM 2243) to IH 35 in the ultimate configuration for construction of approximately 1.5 miles of interim 2-lane roadway from Leander Road (RM 2243) to its intersection with the existing Inner Loop underpass at IH 35. Purpose To extend an interim portion of the SH 29 Bypass, filling in between Leander Road (RM 2243) to IH 35 Southbound Frontage Road. Project Manager Williamson County City Contact: Ed Polasek, AICP Engineer HDR, Inc. Element Status / Issues Williamson County Project Status (from WilCo’s status report) Southwest Bypass Driveways – The GEC has received the pay estimate from the Contractor and will prepare the balancing Change Order. (Southwest Bypass (RM 2243 to IH 35) Phase 1 – WPAP for phase 1 approved. On site tasks: Phase 1 Clearing complete, Pilot bores complete for bridge columns, fill started between the frontage road and the Rail, also West of RR. Drainage improvements underway, spread footing excavation starts 11-21-17. 2 Spread footings poured with 2 more set first of January. Southwest Bypass (RM 2243 to IH 35) Phase 2 – County let preliminary construction project for phase 2 which includes the construction of ramps into and out of the Quarry, complete. Surveying and staking of phase 2 ongoing. Rights of Way Complete for the parcels east of the Texas Crushed Stone properties. Other Issues City and WilCo coordinating the design and funding details of the Project. Page 412 of 437 Southwest Bypass (Leander Rd. to Wolf Ranch Parkway Extension) Wolf Ranch Parkway Extension (SW Bypass to DB Wood Rd.) Project No. 1DI OTP Project No. AD & AZ1 January 2018 Project Description Construction of Southwest Bypass from Leander Road (RM 2243) to Wolf Ranch Parkway Extension and Wolf Ranch Parkway Extension from Southwest Bypass to DB Wood Road. Remaining Project Schedule Notice to Proceed Issued Completion of Construction Late-Spring 2018 Purpose To complete a connection from Leander Road (RM 2243) to University Ave. (SH 29) Project Manager Joel Weaver (Construction) Engineer HDR, Inc. Element Status / Issues Design Complete Surveying Complete Environmental Complete Rights of Way ROW/PUA acquired. Utility Relocations Complete or part of Construction Construction Construction is approximately 90% complete project wide. South San Gabriel bridge is 95% complete. Second bridge south of the Gabriel, beam set, with panel placement and deck complete. Base course installed along with first course Asphalt on the entire project excluding the area between the bridges. Other Issues Page 413 of 437 2015 Road Bond Program Citywide Sidewalk Improvements Project 2015 Sidewalk Master Plan Project No. None TIP No. None January 2018 Project Description The proposed project encompasses sidewalk improvements at various locations within the City of Georgetown. Improvements include curb ramps, crosswalks, pedestrian-actuated signal infrastructure (“ped heads”), and sidewalk extensions/reconstructions. Purpose To provide ADA/TDLR compliant sidewalks and ramps identified in the 2015 Sidewalk Master Plan. Project Managers Joel Weaver Engineer Steger Bizzell Element Status / Issues Design Complete. Environmental/ Archeological Aug-Oct 2016 Rights of Way June 2016 – Survey completed Utility Relocations TBD Construction Construction of initial work substantially complete. New work added to the contract will be constructed after 1-1-18 Other Issues Page 414 of 437 Transportation Services Operations CIP Maintenance January 2018 Project Description 2017 CIP Maintenance of roadways including, Chip seal, Cutler Overlays, Fog seal applications, Curb and gutter and Engineering design of future rehabilitation projects. Purpose To provide protection and maintain an overall pavement condition index of 85%. Project Manager Mark Miller Engineer/Engineers KPA, LP Task Status / Issues Pavement Maintenance study and review Part one of presentation 4/14/17. CIP Streets engineering KPA working on Curb and gutter design, Cutler, limited in-house chip seals and point repairs. CIP Drainage engineering Currently working with Steger and Bizzell on task order for the following Drainage study at 18th and Hutto is complete. Construction for 20th and Hogg, WPAP is approved. Advertising has begun, Bid opening scheduled for 1/10/2018 Design for 2nd and Rock Street detention pond upgrade. Working on WPAP modification for DOD and Design. Serenada drainage design is complete. Advertising has begun, Bid Opening scheduled for 1/10/2018 Curb and Gutter Notice to proceed given in late October. Construction ongoing. Streets southwest of Williams Drive wrapping up in April. Crews moving to Streets north of 2243 this month. 2017 Curb and Gutter Replacement Project – Letter of Recommendation for Choice Builders has been received. GTAB will consider on 1/12/18. Page 415 of 437 2017 CDBG Scenic Drive Sidewalk (6th to 10th and 6th from Scenic to MLK) Project No. 9AY TIP No. None January 2018 Project Description Design and preparation of final plans, specifications and estimates (PS&E) and construction administration for sidewalk improvements along Scenic Dr. from 10th St. to 6th st. This includes sidewalk along 6th from Scenic to MLK Purpose To provide ADA/TDLR compliant sidewalks and increase mobility along Scenic and 6th St. Project Managers Michael Hallmark, Chris Pousson Engineer KPA Element Status / Issues Design 100% Complete. Environmental/ Archeological N/A Rights of Way 2 sidewalk easements have been obtained Utility Relocations Relocate 1 secondary power pole is complete. 1 fire hydrant relocation will be completed in house as project starts. Bid Phase Bids have been received. KPA LOR received for Patin Construction. GTAB approved on 11/10/17. Goes to Council for consideration on 11/28/17 Construction Contract Awarded to Patin Construction. NTP to be issued. Pre-construction meeting was held on 12-21-17 Other Issues Page 416 of 437 Citywide Sidewalk Improvements Project Old Town Northeast Sidewalks Project No. 1EF TIP No. None January 2018 Project Description The proposed project consists of the rehabilitation and installation of pedestrian facilities along several streets in northeast “Old Town”. Various methods of rehabilitating existing non-compliant sidewalks will be considered. This project requires coordination with TCEQ and TDLR and all proposed pedestrian elements will be ADA compliant with the Texas Accessibility Standards (TAS). Purpose To provide ADA/TDLR compliant sidewalks and ramps identified in the 2015 Sidewalk Master Plan. Project Managers Nat Waggoner, AICP, PMP®, Chris Pousson Engineer Steger Bizzell Element Status / Issues Design TO awarded by Council on 7/25/17. Surveying is complete. Preliminary alignment complete, adjustment and design continues Environmental/ Archeological TBD Rights of Way TBD Utility Relocations TBD Construction Other Issues Page 417 of 437 January 2018 Cover Sheet Austin Avenue Bridges Project - N & S San Gabriel Rivers: Under TxDOT environmental review. Flood Study: Study ongoing. Preliminary flood study results are complete. Mitigation efforts are current summer 2017. Final report due end of 2017. Projects will be proposed as part of the 2019 budget process. FM 971 - Realignment at Austin Avenue: Engineer’s plans submitted to City for the 60% design, received the fully executed AFA 10-20-17 plans will now be submitted to TxDOT for review. Scheduled engineering completion early 2018. FM 1460: Construction is on-going; administered by TxDOT. Utility relocation complete. Expected completion late 2018. I 35 SB FR Sidewalk Improvements Project (University Ave to Leander Rd): Open for Public use, Need final paperwork. 12-04-2017 Punch list complete. Southwest Bypass (RM 2243 to IH 35) Phase 1: Clearing complete, Pilot bores complete for bridge columns, fill started between the frontage road and the Rail, also West of RR. Drainage improvements underway, spread footing excavation starts 11-21-17. 2 Spread footings poured with 2 more set first of January. Southwest Bypass (RM 2243 to IH 35) Phase 2: County let preliminary construction project for phase 2 which includes the construction of ramps into and out of the Quarry, complete. Surveying and staking of phase 2 ongoing. Southwest Bypass (Leander Rd. to Wolf Ranch Parkway Extension)/Wolf Ranch Parkway Extension (SW Bypass to DB Wood Rd.) Construction is approximately 90% complete project wide. South San Gabriel Bridge is 95% complete. Second bridge south of the Gabriel, beam set, with panel placement and deck complete. Base course installed along with first course Asphalt on the entire project excluding the area between the bridges. 2015 Road Bond Program, Citywide Sidewalk Improvements Project Construction started May 1, 2017. Construction of initial work substantially complete. New work added to the contract will be constructed after 1-1-18 Transportation Services Operations CIP Maintenance Letter of Recommendation has been received for Choice Builders, GTAB will consider awarding project on 1/12/18. Currently working with Steger and Bizzell on task order for the following: o Drainage study at 18th and Hutto is complete. o Construction administration for 20th and Hogg, WPAP is approved. Advertising has begun, bid opening scheduled for 1/10/2018 o Design for 2nd and Rock Street detention pond upgrade. Working on WPAP modification for TCEQ. o Serenada drainage design is complete. Advertising has begun, bid opening scheduled for 1/10/2018 Page 418 of 437 2017 CDBG Scenic Drive Sidewalk Contract Awarded to Patin Construction. NTP to be issued. Pre-construction meeting was held on 12-21-17 Old Town “Northeast” Sidewalk TO awarded by Council on 7/25/17. Surveying is complete. Preliminary alignment complete, adjustment and design continues Page 419 of 437 January 2018 Cover Sheet Austin Avenue Bridges Project - N & S San Gabriel Rivers: Under TxDOT environmental review. Flood Study: Study ongoing. Preliminary flood study results are complete. Mitigation efforts are current summer 2017. Final report due end of 2017. Projects will be proposed as part of the 2019 budget process. FM 971 - Realignment at Austin Avenue: Engineer’s plans submitted to City for the 60% design, received the fully executed AFA 10-20-17 plans will now be submitted to TxDOT for review. Scheduled engineering completion early 2018. FM 1460: Construction is on-going; administered by TxDOT. Utility relocation complete. Expected completion late 2018. I 35 SB FR Sidewalk Improvements Project (University Ave to Leander Rd): Open for Public use, Need final paperwork. 12-04-2017 Punch list complete. Southwest Bypass (RM 2243 to IH 35) Phase 1: Clearing complete, Pilot bores complete for bridge columns, fill started between the frontage road and the Rail, also West of RR. Drainage improvements underway, spread footing excavation starts 11-21-17. 2 Spread footings poured with 2 more set first of January. Southwest Bypass (RM 2243 to IH 35) Phase 2: County let preliminary construction project for phase 2 which includes the construction of ramps into and out of the Quarry, complete. Surveying and staking of phase 2 ongoing. Southwest Bypass (Leander Rd. to Wolf Ranch Parkway Extension)/Wolf Ranch Parkway Extension (SW Bypass to DB Wood Rd.) Construction is approximately 90% complete project wide. South San Gabriel Bridge is 95% complete. Second bridge south of the Gabriel, beam set, with panel placement and deck complete. Base course installed along with first course Asphalt on the entire project excluding the area between the bridges. 2015 Road Bond Program, Citywide Sidewalk Improvements Project Construction started May 1, 2017. Construction of initial work substantially complete. New work added to the contract will be constructed after 1-1-18 Transportation Services Operations CIP Maintenance Letter of Recommendation has been received for Choice Builders, GTAB will consider awarding project on 1/12/18. Currently working with Steger and Bizzell on task order for the following: o Drainage study at 18th and Hutto is complete. o Construction administration for 20th and Hogg, WPAP is approved. Advertising has begun, bid opening scheduled for 1/10/2018 o Design for 2nd and Rock Street detention pond upgrade. Working on WPAP modification for TCEQ. o Serenada drainage design is complete. Advertising has begun, bid opening scheduled for 1/10/2018 Page 420 of 437 2017 CDBG Scenic Drive Sidewalk Contract Awarded to Patin Construction. NTP to be issued. Pre-construction meeting was held on 12-21-17 Old Town “Northeast” Sidewalk TO awarded by Council on 7/25/17. Surveying is complete. Preliminary alignment complete, adjustment and design continues Page 421 of 437 Austin Avenue Bridges Project (North and South San Gabriel Bridges) Project No. TBD TIP Project No. N/A January 2018 Updated Project Description Develop 30% plans for improvements along Austin Ave. between 3rd Street and Morrow Street. The project involves several phases and requires participation and support from various stakeholders and interested citizens, community businesses, professional consultants, State and regional transportation partners City Staff and Council. Schedule Phase Activity Completion 1 Public involvement and alternative analyses, evaluating alternatives for feasibility and costs, etc. Early 2017 2 Develop geometric layouts and preliminary construction estimates for primary alternatives Early 2017 3 Review of primary alternative by Council TBD 4 Develop schematic and 30% plans TBD Proj. Mgrs Ed Polasek, AICP Engineer Aguirre & Fields, LP Element Status/Issues Public Involvement 3rd Public Meeting held 5/11, 4-7pm at the GTAC - 510 W. 9th St., Georgetown, TX 78626. Design 8 alternatives with 4 derivatives, working to narrow to 3-5 prudent and feasible options. Surveying Complete. Environmental Team completing Historic Resources Survey Report, next step is 106 Consultation. Under TxDOT environmental review. Rights of Way TBD Utility Relocations TBD Construction Estimates for 8 alternatives provided as part of public meeting #3. Page 422 of 437 Flood Study January 2018 Project Description Updated Flood Study for all the City’s major drainage basis – Pecan Branch, Mankins Branch, Smith Branch, Berry Creek, and all three forks of the San Gabriel River – being completed in partnership with the Texas Water Development Board through a 50% matching grant. Purpose To identify the current and future developed 100 year floodplain (1% change storm event) and to recommend possible flood mitigation measures. Project Managers Wesley Wright, P.E., Systems Engineering Director Engineer Doucet & Associates (formerly Chan & Partners) Element Status / Issues Design Study ongoing. Preliminary flood study results are complete. Mitigation efforts are current summer 2017. Final report due end of 2017. Environmental/ Archeological N/A Rights of Way N/A Utility Relocations N/A Construction N/A Other Issues N/A Page 423 of 437 FM 971 at Austin Avenue Realignment Intersection Improvements Project No. 1BZ TIP No. AG January 2018 Project Description Design and preparation of final plans, specifications and estimates (PS&E) for the widening and realignment of FM 971 at Austin Avenue, eastward to Gann Street. Purpose To provide a new alignment consistent with the alignment of the proposed Northwest Boulevard Bridge over IH 35; to allow a feasible, alternate route from the west side of I 35 to Austin Avenue, to Georgetown High School, to San Gabriel Park and a more direct route to SH 130. Project Managers Joel Weaver Engineer Klotz Associates, Inc. Element Status / Issues Design Engineer’s plans submitted to City for the 60% design, received the fully executed AFA 10-20-17 plans submitted to TxDOT for review. Scheduled engineering completion early 2018 Environmental/ Archeological TBD Rights of Way Pursuing two remaining parcels on NE end of project. Utility Relocations TBD Construction Estimated late fiscal year 18-19 Other Issues AFA with TxDOT complete. Page 424 of 437 FM 1460 Quail Valley Drive to University Drive Project No. 5RB TIP No. BO & CD January 2018 Unchanged Project Description Design and preparation of plans, specifications and estimates (PS&E) for the widening and reconstruction of FM 1460. Project will include review and update to existing Schematic, Right-of-Way Map and Environmental Document and completion of the PS&E for the remaining existing roadway. Purpose To keep the currently approved environmental documents active; purchase ROW, effect utility relocations/clearance and to provide on-the-shelf PS&E for TxDOT letting not later than August 2013, pending available construction funding. Project Managers TxDOT Engineer Brown and Gay Engineers, Inc. Element Status / Issues Design Complete Environmental/ Archeological Complete Rights of Way Complete Utility Relocations Complete Construction Construction is on-going; administered by TxDOT. Expected completion by the end of 2018. Other Issues Engineer and Staff continue to monitor change orders to construction contract. Page 425 of 437 I 35 SB FR Sidewalk Improvements Project (University Avenue to Leander Rd) Project No. None TIP No. None January 2018 Project Description Design and preparation of final plans, specifications and estimates (PS&E) and construction administration for sidewalk improvements along I 35 from University Ave. to Leander Rd. Purpose To provide ADA/TDLR compliant sidewalks along the I 35 SB FR. Project Managers Joel Weaver Engineer KCI Element Status / Issues Design Council approved in March. Environmental/ Archeological Rights of Way Complete. Multiple Use Agreement received from TxDOT. Utility Relocations None anticipated. Construction Open for Public use, Need final paperwork. 12-04-2017 Punch list complete. Other Issues Final alignment in yellow. Page 426 of 437 Southwest Bypass Project (RM 2243 to IH 35) Project No. 1CA Project No. BK January 2018 Project Description Develop PS&E for Southwest Bypass from Leander Road (RM 2243) to IH 35 in the ultimate configuration for construction of approximately 1.5 miles of interim 2-lane roadway from Leander Road (RM 2243) to its intersection with the existing Inner Loop underpass at IH 35. Purpose To extend an interim portion of the SH 29 Bypass, filling in between Leander Road (RM 2243) to IH 35 Southbound Frontage Road. Project Manager Williamson County City Contact: Ed Polasek, AICP Engineer HDR, Inc. Element Status / Issues Williamson County Project Status (from WilCo’s status report) Southwest Bypass Driveways – The GEC has received the pay estimate from the Contractor and will prepare the balancing Change Order. (Southwest Bypass (RM 2243 to IH 35) Phase 1 – WPAP for phase 1 approved. On site tasks: Phase 1 Clearing complete, Pilot bores complete for bridge columns, fill started between the frontage road and the Rail, also West of RR. Drainage improvements underway, spread footing excavation starts 11-21-17. 2 Spread footings poured with 2 more set first of January. Southwest Bypass (RM 2243 to IH 35) Phase 2 – County let preliminary construction project for phase 2 which includes the construction of ramps into and out of the Quarry, complete. Surveying and staking of phase 2 ongoing. Rights of Way Complete for the parcels east of the Texas Crushed Stone properties. Other Issues City and WilCo coordinating the design and funding details of the Project. Page 427 of 437 Southwest Bypass (Leander Rd. to Wolf Ranch Parkway Extension) Wolf Ranch Parkway Extension (SW Bypass to DB Wood Rd.) Project No. 1DI OTP Project No. AD & AZ1 January 2018 Project Description Construction of Southwest Bypass from Leander Road (RM 2243) to Wolf Ranch Parkway Extension and Wolf Ranch Parkway Extension from Southwest Bypass to DB Wood Road. Remaining Project Schedule Notice to Proceed Issued Completion of Construction Late-Spring 2018 Purpose To complete a connection from Leander Road (RM 2243) to University Ave. (SH 29) Project Manager Joel Weaver (Construction) Engineer HDR, Inc. Element Status / Issues Design Complete Surveying Complete Environmental Complete Rights of Way ROW/PUA acquired. Utility Relocations Complete or part of Construction Construction Construction is approximately 90% complete project wide. South San Gabriel bridge is 95% complete. Second bridge south of the Gabriel, beam set, with panel placement and deck complete. Base course installed along with first course Asphalt on the entire project excluding the area between the bridges. Other Issues Page 428 of 437 2015 Road Bond Program Citywide Sidewalk Improvements Project 2015 Sidewalk Master Plan Project No. None TIP No. None January 2018 Project Description The proposed project encompasses sidewalk improvements at various locations within the City of Georgetown. Improvements include curb ramps, crosswalks, pedestrian-actuated signal infrastructure (“ped heads”), and sidewalk extensions/reconstructions. Purpose To provide ADA/TDLR compliant sidewalks and ramps identified in the 2015 Sidewalk Master Plan. Project Managers Joel Weaver Engineer Steger Bizzell Element Status / Issues Design Complete. Environmental/ Archeological Aug-Oct 2016 Rights of Way June 2016 – Survey completed Utility Relocations TBD Construction Construction of initial work substantially complete. New work added to the contract will be constructed after 1-1-18 Other Issues Page 429 of 437 Transportation Services Operations CIP Maintenance January 2018 Project Description 2017 CIP Maintenance of roadways including, Chip seal, Cutler Overlays, Fog seal applications, Curb and gutter and Engineering design of future rehabilitation projects. Purpose To provide protection and maintain an overall pavement condition index of 85%. Project Manager Mark Miller Engineer/Engineers KPA, LP Task Status / Issues Pavement Maintenance study and review Part one of presentation 4/14/17. CIP Streets engineering KPA working on Curb and gutter design, Cutler, limited in-house chip seals and point repairs. CIP Drainage engineering Currently working with Steger and Bizzell on task order for the following Drainage study at 18th and Hutto is complete. Construction for 20th and Hogg, WPAP is approved. Advertising has begun, Bid opening scheduled for 1/10/2018 Design for 2nd and Rock Street detention pond upgrade. Working on WPAP modification for DOD and Design. Serenada drainage design is complete. Advertising has begun, Bid Opening scheduled for 1/10/2018 Curb and Gutter Notice to proceed given in late October. Construction ongoing. Streets southwest of Williams Drive wrapping up in April. Crews moving to Streets north of 2243 this month. 2017 Curb and Gutter Replacement Project – Letter of Recommendation for Choice Builders has been received. GTAB will consider on 1/12/18. Page 430 of 437 2017 CDBG Scenic Drive Sidewalk (6th to 10th and 6th from Scenic to MLK) Project No. 9AY TIP No. None January 2018 Project Description Design and preparation of final plans, specifications and estimates (PS&E) and construction administration for sidewalk improvements along Scenic Dr. from 10th St. to 6th st. This includes sidewalk along 6th from Scenic to MLK Purpose To provide ADA/TDLR compliant sidewalks and increase mobility along Scenic and 6th St. Project Managers Michael Hallmark, Chris Pousson Engineer KPA Element Status / Issues Design 100% Complete. Environmental/ Archeological N/A Rights of Way 2 sidewalk easements have been obtained Utility Relocations Relocate 1 secondary power pole is complete. 1 fire hydrant relocation will be completed in house as project starts. Bid Phase Bids have been received. KPA LOR received for Patin Construction. GTAB approved on 11/10/17. Goes to Council for consideration on 11/28/17 Construction Contract Awarded to Patin Construction. NTP to be issued. Pre-construction meeting was held on 12-21-17 Other Issues Page 431 of 437 Citywide Sidewalk Improvements Project Old Town Northeast Sidewalks Project No. 1EF TIP No. None January 2018 Project Description The proposed project consists of the rehabilitation and installation of pedestrian facilities along several streets in northeast “Old Town”. Various methods of rehabilitating existing non-compliant sidewalks will be considered. This project requires coordination with TCEQ and TDLR and all proposed pedestrian elements will be ADA compliant with the Texas Accessibility Standards (TAS). Purpose To provide ADA/TDLR compliant sidewalks and ramps identified in the 2015 Sidewalk Master Plan. Project Managers Nat Waggoner, AICP, PMP®, Chris Pousson Engineer Steger Bizzell Element Status / Issues Design TO awarded by Council on 7/25/17. Surveying is complete. Preliminary alignment complete, adjustment and design continues Environmental/ Archeological TBD Rights of Way TBD Utility Relocations TBD Construction Other Issues Page 432 of 437 Name Description Start Date (Council Approved)End Date $ Encumbered $ Expended Citigroup Grant for wastewater infrastructure for construction of datacenter. 12/12/2006 12/31/2018 $ 1,300,000 $ 1,300,000 DisperSol Grant for job creation related to expansion of manufacturing facilities.10/16/2014 2/15/2019 250,000$ $ 80,000 Grape Creek Grant for reimbursement of Qualified Expenditures for the lease/purchase and future site improvements at 101 E. 7th Street and 614 Main Street for the operation of a winery on the Downtown Square. 8/23/2011 3/1/2018 280,000$ 280,000$ Grape Creek GEDCO purchase of building. GCV currently under lease/purchase agreement with right to exercise purchase at end of PA for $447K.8/23/2011 3/1/2018 447,000$ 447,000$ Lone Star Circle of Care Grant for Qualified Expenditures for future site improvements at 205 East University Avenue, Georgetown, Texas. Loan Agreement and Promissory Note have been executed. Closed out in compliance with the terms of the agreement 11/30/17.6/28/2011 11/30/2017 387,000$ $ 387,000 Radiation Detection Corporation Grant for Qualified Expenditures and job creation related to the relocation of the corporate offices to Georgetown. 7/23/2013 12/31/2021 320,000$ 320,000$ Radix BioSolutions, Ltd. Provided grant to assist with the work and future plans of Radix BioSolutions at the TLCC. Radix paid back $47K on 3/15/15. Radix paid back $50K 3/10/16. Radix paid back $50K on 3/10/2017 .3/9/2010 3/31/2018 250,000$ $ 103,000 GEDCO - ACTIVE PERFORMANCE AGREEMENTS STATUS REPORT January 16, 2018 Over Page 433 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: - At the time of po sting, no persons had signed up to address the City Council ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 434 of 437 City of Georgetown, Texas City Council Regula r Meeting January 23, 2018 SUBJECT: Sec. 551.071: Consul tati on w i th Attorney Advice from attorney abo ut pending or co ntemplated litigation and o ther matters on which the attorney has a duty to advise the City Council, including agenda items - Update on pending litigation styled Amanda Philips v. City o f Georgetown Sec. 551:074: Personnel Matters City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employme nt, evaluation, reassignment, duties, discipline, or dismissal Sec. 551.086: Ce r tai n P ubl i c Power Uti l i ti es: Co mpeti ti ve Matters - P urchase Power Update -- Jim Briggs, General Manager o f Utilities Sec. 551.087: De l i berati o n Regardi ng Economi c Devel opment Negoti ati ons - P roject Legacy ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Shelley Nowling, City Secretary ATTACHMENT S: Description Current Volume & Rate S heet 2014 Permit Volume & Rates Page 435 of 437 Page 436 of 437 Page 437 of 437