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HomeMy WebLinkAboutMIN 09.22.1987 CC-RConsent Agenda: 870420. Minutes September 22, 1987 The City Council of the City of Georgetown met in Regular Session on the above date at 7:00 P.M. with Mayor Jim Colbert presiding. The following council members and officials were present: Council Member Luther Laubach, Council Member Joan King, Council Member Marvin E. Lackey, Council Member Barbara Pearce, Council Member Mike McMaster, City Secretary Pat Caballero, City Manager R. Bob Gaylor, Director of Finance and Administration Gwen Sherman, Director of Community Services Hartley Sappington, Director of Public Works Allyn Moore, and Development and Planning Director Ed Barry, Motion by Lackey and second by Pearce to approve consent items 870420, 870421, 870422, 870433, 870424, 870427, 870428, 870429, 870430, and 870431 as follows and vote on items 870425, 870426 and 870432 separately. Motion carried by unanimous vote. To approve the August and the August 31, 7:00 the City Secretary. minutes was deferred. 870421. Bills over $5,000. 27; August 28; August 31, 7:00 A.M., P.M. Council Meetings as submitted by Approval of the September 8, 1987 To approve the following bills over $5,000: PAYABLE FROM OPERATING FUND A& M Construction Co ...............................................$ Kokel Appraisal Association .........................................$ MunicipalSoftware ..................................................$ Deloitte Haskins & Se 11s ............................................$ PAYABLE FROM UTILITY PROJECTS FUND 5,058.20 5,250.00 10,000.00 5,000.00 Ramsey Heating & Air Conditioning, Inc ..............................$ 19,345.80 Rueter Construction, Inc ............................................$ 95193.34 870422. Award Underground Fuel Tank Installation Bid, Terry Jones To award the Public Works Underground Fuel Tank Installation Bid to plus $1,750 bidding: pump & D&M Austex Supply Pump if $43,714.89; Service of anchoring is Service Station L&L San Antonio required. Equipment Pump Service Inc. (Other $40,799.00; $53,394.00) for $36,290.00 companies United 870423. Award Utility Poles Bid, Terry Jones To award the 1987/88 Annual Utility Poles Bid to International Paper Company at their stated prices on September 8, 1987. (Other companies bidding: Cavenham; Conroe Creosote, Preister Mell, Lufkin Creosote, Southway Electric) 09/22/87 regular council meeting (csf sep22.min) page 1 of 12 870424. Ordinance Revising Administrative Divisions and Departments, 2nd Reading, Gwen Sherman To adopt on second and final reading the following captioned ordinance. ORDINANCE NUMBER 870424.002 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-10, ADMINISTRATIVE DIVISIONS AND DEPARTMENTS, PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE 870425. Ordinance, Repealing Telecommunications Sales Tax Exemption, 2nd Reading, Gwen Sherman Motion by King and second by Lackey to adopt on second and final reading the following captioned ordinance. Voting went as follows: yes: Laubach, King, Lackey and Pearce; no: McMaster. Motion carried. 870426. Ordinance, ORDINANCE NUMBER 870425.023 AN ORDINANCE AMENDING CHAPTER 23, UTILITIES AND SERVICES, OF THE CITY OF GEORGETOWN CODE OF ORDINANCES BY ADDING SECTION 23-58, TAXATION OF TELECOMMUNICATIONS SERVICES; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE Establishing 1987 Tax Rate, 2nd Reading, Gwen Sherman Motion by King and second by Pearce to Voting went as follows: yes: Laubach, King, Pearce and McMaster; no: Lackey. Motion carried. ORDINANCE NUMBER 870426.020 AN ORDINANCE LEVYING A TAX RATE FOR THE CITY OF GEORGETOWN FOR THE TAX YEAR 1987; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE 870427. the completion of the Final Acceptance and Payment, Sequoia Spur Water Lines, Project No. 0027, Allyn No. 00277) and approve final quantities and payment Moore Engineering Company, To approve the completion of the Sequoia Spur Water Lines (project No. 00277) and approve final quantities and payment due Austin Engineering Company, in the amount of $17,765.55. 870428. Ordinance, Rezoning Legend Oaks II Lots 1-6, R -S to C-1, 2nd Reading, John Warden To adopt on second and final reading the following captioned ordinance. ORDINANCE # 870428.00A AN ORDINANCE AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ON THE 12TH DAY OF FEBRUARY 1968, AMENDING A PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE LOTS 1-69 LEGEND OAKS SECTION TWO IN THE J. PULSIFER SURVEY ABSTRACT NO 4985 IN THE CITY OF GEORGETOWN, TEXAS FROM THE R -S RESIDENTIAL SINGLE FAMILY DISTRICT CLASSIFICATION TO THE C-1 09/22/87 regular council meeting (csf sep22.min) page 2 of 12 LOCAL COMMERCIAL ZONING CLASSIFICATION, AS HEREINAFTER SET FORTH: 870429. Ordinance, Rezoning 1515, 1617, 1619 Williams Drive, R -S to R-0, 2nd Reading, John Warden To adopt on second and final reading the following captioned ordinance. 870430. Reading Ordinance # 870429.00A AN ORDINANCE AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ON THE 12TH DAY OF FEBRUARY 1968 AMENDING A PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE LOTS THREE, FOUR, AND FIVE, BLOCK ONE, WILLIAMS ADDITION UNIT ONE IN THE NICHOLAS PORTER SURVEY ABSTRACT NO. 4975 IN THE CITY OF GEORGETOWN, TEXAS, FORM R -S RESIDENTIAL SINGLE FAMILY DISTRICT TO R-0 RESIDENTIAL OFFICE DISTRICT ZONING CLASSIFICATION WITH RESTRICTIONS AS HEREINAFTER SET FORTH: Ordinance, P.U.E. Abandonment, Berry Creek Sec, I Blk. C Lots 4 & 5, 2nd John Warden To adopt on second and final reading the following captioned ordinance. ORDINANCE #870430.021 AN ORDINANCE VACATING AND ABANDONING THAT PORTION OF TWO (2) TEN FOOT (10.0') PUBLIC UTILITY EASEMENTS WHICH LIE ADJACENT AN PARALLEL TO THE COMMON PROPERTY LINE OF LOTS 4 AND 5 OF BERRY CREEK SUBDIVISION SECTION ONE BLOCK C. AS RECORDED IN CABINET E. SLIDES 350-354 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND EXCEPTING AND RESERVING UNTO THE CITY OF GEORGETOWN, ITS SUCCESSORS AND ASSIGNS THE ABANDONED PORTION OF THE EASEMENT WHERE THERE ARE ANY FUNCTIONING UTILITY LINE OR APPURTENANCES LOCATED IN, ON OR UNDER SAID ABANDONED PORTION FOR THE PURPOSE OF REPAIRING, AND MAINTAINING AS MAY BE NECESSARY FROM TIME TO TIME EXISTING UTILITY LINES, INCLUDING SEWER, DRAINAGE, WATER PIPING AND ELECTRIC DISTRIBUTION LINES AND APPURTENANCES ON, UNDER, ACROSS OR OVER SAID ABANDONED PORTION 870431, Ordinance, Oak Lane R.O.W. Abandonment, Crestview Addition Units II & III, 2nd Reading, John Warden To adopt on second and final reading the following captioned ordinance. Ordinance #870431.021 AN ORDINANCE VACATING AND ABANDONING THAT PORTION OF THE OAK LANE RIGHT OF WAY BETWEEN LOTS 6 AND 7 BLOCK 4 CRESTVIEW ADDITION UNIT TWO, AS RECORDED IN CABINET A, SLIDES 340-341 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOTS 8 AND 10, BLOCK ONE, CRESTVIEW ADDITION UNIT THREE, AS RECORDED IN CABINET B, SLIDES 88-89 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND EXCEPTING AND RESERVING UNTO THE CITY OF GEORGETOWN, ITS SUCCESSORS AND ASSIGNS THE ABANDONED PORTION 09/22/87 regular council meeting (csf sep22.min) page 3 of 12 OF THE RIGHT OF WAY WHERE THERE ARE ANY FUNCTIONING UTILITY LINES OR APPURTENANCES LOCATED IN, ON OR UNDER SAID ABANDONED PORTION FOR THE PURPOSE OF REPAIRING, REPLACING, RESTORING, REMOVING, RELOCATING, AND MAINTAINING AS MAY BE NECESSARY FROM TIME TO TIME EXISTING UTILITY LINES, INCLUDING SEWER, DRAINAGE, WATER PIPING AND ELECTRIC DISTRIBUTION LINES AND APPURTENANCES ON, UNDER, ACROSS OR OVER SAID ABANDONED PORTION. 870432. Ordinance, Annexation by Laubach and second of Portions of the Middle Fork & South Fork of the San Gabriel River, 2nd Reading, II Ed Barry Plan submitted by Motion by Laubach and second by King to adopt on second and final reading gaps the following captioned ordinance. Motion carried by unanimous vote. and ORDINANCE NUMBER 870432.000 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF GEORGETOWN, TEXAS AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF: APPROXIMATELY 66.3 ACRES INCLUDING A 100 FT. WIDE STRIP OF LAND EXTENDING ALONG HE SOUTH FORK SAN GABRIEL RIVER FROM THE WESTERNMOST CITY LIMITS ON SAID RIVER TO A TRACT LEASED BY SOUTHWEST MATERIALS; AND A TEN (10) FT. STRIP OF LAND GENERALLY FOLLOWING THE CENTERLINE OF THE MIDDLE FORK OF THE SAN GABRIEL RIVER EXTENDING FROM THE GEORGETOWN COUNTRY CLUB TO THE OUTER BOUNDARY OF THE EXTRA -TERRITORIAL JURISDICTION; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY OF GEORGETOWN, TEXAS AND NOT BEING PART OF ANY INCORPORATED AREA; PROVIDING FOR SERVICE PLANS, AND CONTAINING A SAVINGS CLAUSE. Regular Agenda: 870433. Airport Advisory Board Appointment, Mayor Colbert No action taken on this matter. 870434. Rabbit Hill District Plan, Ed Barry Development and Planning Director Ed Barry and Cheif Planner for Long Range Planning Randall Gaither gave a status report to the Council regarding the progress made toward the Rabbit Hill District Plan. 870435. 1987 Annexation Plan, Phase II, Ed Barry Motion by Laubach and second by King to 1) Adopt the Phase II annexation Plan submitted by the Planning Staff, 2) indicate to the staff that they should endeavor to close the gaps in the ETJ coverage in the most appropriate manner possible and 3) adopt the following annexation plan schedule. Motion carried by unanimous vote. PROPOSED SCHEDULE FOR PHASE II ANNEXATIONS October 2 - Deadline for receipt of all petitions 09/22/87 regular council meeting (csf sep22.min) page 4 of 12 October 7 - Notice of Annexation in Weekly and Sun Notice of Disannexation in Weekly and Sun October 11 - Notice of Annexation in Sun Notice of Disannexation in Sun October 20 - Ist Public Hearing on Annexations Ist Public Hearing on Disannexation Certification of Petition(s) October 27 - 2nd Public Hearing on Annexations 2nd Public Hearing on Disannexation November 17 - Introduction and Ist Reading of Annexation Ordinances Introduction and Ist Reading of Disannexation Ordinance December 8 - 2nd Reading of Annexation Ordinances 2nd Reading of Disannexation Ordinance 870436. Ordinance, Creating Agricultural (AA) and Suburban Residential (SR) Zoni Districts, Ist Reading, John Warden Motion by Laubach and second by Lackey to affirm the first reading of the following captioned ordinance. Motion carried by unanimous vote. ORDINANCE NO. AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE ESTABLISHING REGULATIONS FOR THE CLASSIFICATION AND USE OF LANDS ANNEXED INTO THE CITY AND ESTABLISHING DISTRICTS, REGULATIONS AND RESTRICTIONS THEREIN TO CREATE NEW ZONING DISTRICTS TITLED AA AGRICULTURAL AND RR SINGLE FAMILY RURAL RESIDENTIAL; DECLARING THE PURPOSE AND INTENT OF SAID DISTRICTS; PROVIDING THE PERMITTED, SPECIAL EXCEPTION CONDITIONAL AND ACCESSORY USES OF SAID DISTRICTS; ESTABLISHING REGULATIONS AND RESTRICTIONS IN SAID DISTRICTS AS TO LOT SIZE, HEIGHT, AREA, PLACEMENT AND PARKING; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE, 870437. Resolution, Rezoning Requests Consideration Policy, John Warden Motion by King and second by Lackey to adopt the following resolution. Motion carried by unanimous vote. RESOLUTION #870437.019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CITING CONDITIONS OF ELEMENTS OF THE CITY'S LAND USE REGULATORY SYSTEM AND DECLARING THE POLICY OF THE CITY CONCERNING CONSIDERATION OF PETITIONS FOR REZONING BY THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL. WHEREAS, the Zoning Ordinance of the City of Georgetown, Texas was adopted in 1968 and has been the subject of numer- ous and piecemeal amendments over the succeeding years; and 09/22/87 regular council meeting (csf sep22.min) page 5 of 12 WHEREAS, the groups of land uses allowed by right in the successive districts set forth in the Zoning Ordinance are cumulative in nature and therefore allow within certain districts a wide range of uses whose impacts on each other and on their surroundings might be greatly dissimilar; and acceptance of the Development Plan; and WHEREAS, regulations the Height, within Area and other general and the Zoning Ordinance are of supplemental such limited scope innovative and absolute site nature as to discourage planning and promotion of flexible, land use compatibility; arrangement and and other physical features WHEREAS, the Development Plan of the City of Georgetown, Texas prepared in 1985 represents Ordinance to a general framework for the arrangement of land uses and other physical features of the community, but does not contain detailed development guidelines and does not reflect certain trends, events and potentials which have been recognized since the City's acceptance of the Development Plan; and WHEREAS, the Century Plan presently being developed is to contain, among other elements, policies and functional plans regarding land use and physical development with the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GEORGETOWN TEXAS, THAT: 1. It shall be the policy of the City Council in considering petitions for rezoning to any of the R-0, RM -1, RM -2, RM -3, C-1, C2 -A, C2 -B, and I districts that the petitioner should demonstrate to the satisfaction of the City Council that the proposed uses(s) to be conducted on the subject property will be of benefit to the community; will not impose adverse impacts on nearby property or streets or utility systems; and is generally consistent with the purposes and intent stated in Section 1.1 of the Zoning Ordinance. Toward this end, petitioners shall be encouraged to submit site plans, covenants, or plats governing the use and development of the property for which rezoning is sought. 2. In anticipation of the products of the Century Plan and of opportunities to make significant amendments to the Zoning Ordinance to correct the conditions cited in the preamble to this resolution, the City Council will review the policy declared in Section 1 above within one year of the date of this resolution, and will consider at that time its continuance, discontinuance or such modification as the Council finds appropriate. 870438. Waiver of Fees Request, U.S. Postal Service, John Warden The U.S. Postal Service has requested that the City waive the following fees associated with the Georgetown Post Office project: 09/22/87 regular council meeting (csf sep22.min) page 6 of 12 Plat $ 11475 Site Plan $ 310 Building Permit $ 1,213 on first $ 1 million ($.90 per $1,000 additional) Capital Recovery $ 305000 The Postal Service has agreed to plat the subject property and to submit a site plan for. City approval (U.S.P.S. consulting architects and engineers have cooperated to date with the City in site plan design). The general contractor will pay utility tap fees and will reimburse the City for its costs in relocating City electric lines now crossing the site. Motion by Lackey and second by Laubach to waive the Plat Fee, Site Plan Fee and Building Permit Fee, but instruct the staff to assess the Capital Recovery Fee. Motion carried by unanimous vote. 870439. Ordinance, Rezoning 1603 Northwest Blvd. RM -3 TO C2 -A, 1st Reading, John Warden Project 400594 Owner/Applicant: M.M. Casey P.O. Box 162366 Austin, Texas 78716, 328-3151 Agent: Jace Minor Address same as above 328-0091 REQUEST: Rezoning from Residential Multi -family district (RM -2) to Commercial First Height district (C2 -A), 1.49 acres described by deed in Volume 928, Page 509 in the Deed Records of Williamson County, Texas. Motion by King and second by Pearce to approve the request and affirm the first reading of the following captioned ordinance. Motion carried by unanimous vote. ORDINANCE # AN ORDINANCE AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ON THE 12TH DAY OF FEBRUARY 1968, AMENDING A PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE THE ZONING DESIGNATION OF A 1.49 ACRE TRACT OUT OF THE NICHOLAS PORTER SURVEY ABSTRACT NO 497, IN THE CITY OF GEORGETOWN, TEXAS FROM THE RM -2 RESIDENTIAL MULTI -FAMILY DISTRICT CLASSIFICATION TO THE C2 -A COMMERCIAL FIRST HEIGHT DISTRICT ZONING CLASSIFICATION, AS HEREINAFTER SET FORTH: 09/22/87 regular council meeting (csf sep22.min) page 7 of 12 870440. Prelimina and Final Plat, Shamrock Georgetown Project 400074 John Warden Owner/Applicant: Diamond Shamrock Refining and Marketing P.O. Box 20267 San Antonio, Texas 78220, 512-641-8877 REQUEST: Approval of a Preliminary/Final Plat of Shamrock -Georgetown, a 0.916 acre subdivision out of the David Wright Survey. Motion by Pearce and second by Lackey to approve this request subject to the following conditions. Motion carried by unanimous vote. 1. All ordinance requirements being met; 2. Utilities being adequate; a. Although the sewer availability note shall not be applicable, the applicant shall be required to participate in wastewater improvements for the Reata Lift Station and Interceptor #7 by paying a pro -rata share of the cost of these improvements, b. The applicant shall be require to utilize electrical service provided by the City of Georgetown, C. Until said wastewater improvements are completed, a car wash shall not be constructed on this site without the written consent of the Director of Public Works. 3. Drainage requirements being met and the applicant filing a Stormwater Facilities Maintenance Covenant; 4. Compliance with the Landscape Ordinance and the installation of a six foot high wooden opaque screening fence along the entire rear property line of this development. Shrubs shall be placed along the entire length of the wooden opaque screening wall described above. 5. b. Access from Williams Drive shall be limited to one drive way approach, located with the northern edge of the driveway throat adjacent to the five-foot landscape buffer yard at the northern boundary of the subdivision. 6. The applicant shall work with the Reata Trails Homeowners Association in constructing a subdivision entrance to Reata Trails and in the selection of building materials for building exteriors. 7. A sidewalk, to be approved by the Director of Public Works and constructed to City standards, shall be constructed by the applicant along Western Trail to the eastern property line. 870441. Resolution, Authorizing Discussion with Weir Representatives, Mayor Colbert Motion by Lackey and second by Laubach to adopt the following resolution. Motion carried by unanimous vote. RESOLUTION #870441.019 09/22/87 regular council meeting (csf sep22.min) page 8 of 12 870442. Colbert WHEREAS, a dispute has arisen between the City of Georgetown ("Georgetown") and the purported City of Weir ("Wier") concerning a purported overlap of jurisdictional boundaries; and WHEREAS, Georgetown is preparing to institute legal proceedings to seek court help in resolving this jurisdictional dispute; and WHEREAS, the Georgetown City Council feels it to be in the vest interest of its citizens, as well as to the mutual benefit of Georgetown and Weir, to explore possible non -judicial resolutions to this dispute, before instituting those legal proceedings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GEORGETOWN, TEXAS: 1. That the Mayor, Joan King and Mike McMaster (the "Council CommitteeP°) be authorized to explore possible non -judicial resolutions to this dispute with duly authorized representative(s) of Weir; 2. That such Weir representative(s) be duly authorized by a petition signed by a majority of the qualified voters residing within such community; 3. That the Council Committee report back to the Council within 30 days from the date of this Resolution with the results of such efforts; 4. That neither this Resolution, nor the acts of the Council Committee shall be construed as any admission or recognition of the legal existence of Weir. Resolution, Proposed New Subdivision Regulations Ordinance, or Motion by Lackey and second by Laubach to adopt the following Resolution. Motion carried by unanimous vote. RESOLUTION NUMBER 870442.00B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ESTABLISHING A SUBDIVISION REGULATIONS ADVISORY COMMITTEE AND DIRECTING SAID COMMITTEE TO PREPARE SPECIFIC RECOMMENDATIONS FOR REVISION OF THE MAY 129 1987 DRAFT SUBDIVISION REGULATIONS CONSISTENT WITH THE GOALS, OBJECTIVES AND POLICY DIRECTION FROM THE CITY COUNCIL WHEREAS, the City Council desires to establish a workable and comprehensive set of subdivision regulations which guide the orderly growth and development of the community; and 09/22/87 regular council meeting (csf sep22.min) page 9 of 12 WHEREAS, under the direction of the City Council, the Development Regulations Review and Advisory Committee has prepared Draft Subdivision Regulations; and WHEREAS, during public hearings concerns were raised about the impact of said Draft Regulations; and WHEREAS, the City Council is sensitive to concerns about the impact of the Draft Regulations and wishes to expeditiously resolve said concerns; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: within the City and its extra -territorial jurisdiction. 3) Said Committee shall subdivision regulations and Regulations, and perform the review the City's existing the 5/12/87 Draft Subdivision tasks described herein. 4) Said Committee shall prepare an interim report to be submitted to the City Council no later than October 27, 1987. Said report shall: a) describe the overall progress of the committee, b) list policy decisions and briefly discuss how each is achieved by the committee's proposed Draft Regulations, c) list specific recommendations for proposed changes to the 5/12/87 Draft Subdivision Regulations, and d) list and discuss any issues which the Committee feels are unresolved and/or on which the Committee requests further direction from the Council. 5) On December 8, 1987, said Committee shall submit a report to the City Council, containing the final draft regulations endorsed by the Committee and based on the directives provided by the City Council subsequent to submittal of the interim report. Executive Session under Art. 1) A Subdivision Regulations Advisory Committee (Committee) is hereby created. The members of said Committee shall be appointed on the recommendation of the Mayor and approved by a vote of a majority of the City Council in an open meeting. 2) Said Committee shall be comprised of seven members representing a cross section of the affected population within the City and its extra -territorial jurisdiction. 3) Said Committee shall subdivision regulations and Regulations, and perform the review the City's existing the 5/12/87 Draft Subdivision tasks described herein. 4) Said Committee shall prepare an interim report to be submitted to the City Council no later than October 27, 1987. Said report shall: a) describe the overall progress of the committee, b) list policy decisions and briefly discuss how each is achieved by the committee's proposed Draft Regulations, c) list specific recommendations for proposed changes to the 5/12/87 Draft Subdivision Regulations, and d) list and discuss any issues which the Committee feels are unresolved and/or on which the Committee requests further direction from the Council. 5) On December 8, 1987, said Committee shall submit a report to the City Council, containing the final draft regulations endorsed by the Committee and based on the directives provided by the City Council subsequent to submittal of the interim report. Executive Session under Art. 6252-17 Sec. 2 (e) Litigation, and (g) Personnel Mayor Colbert announced that the City Council would meet in executive session under Art 6252-17 2(e) Litigation and (g) personnel to discuss the following item(s). After the executive session the meeting was again open to the public. In accordance with Art. 6252-17 a tape recording of this executive session has been prepared and is on file in the Office of the City Attorney. 09/22/87 regular council meeting (csf sep22.min) page 10 of 12 870443E. Personnel, City Secretary Motion by King and second by Laubach to accept the resignation of the City Secretary. Motion carried by unanimous vote. 870444E. Potential Litigation on Maple Street Contract (contract default) No action taken on this matter. 870445. Resolution of Default of Contract; Maple Street Construction Project, Allyn Moore/Randy Stump Motion by Lackey and second by Pearce to adopt the following resolution. Motion carried by unanimous vote. RESOLUTION #870445.023 WHEREAS, the City Council (P1Council") of the City of Georgetown, Texas ("City") desired to have a waterline constructed known as the "Maple Street Waterlines," Public Works Project Nos. 00275, and 00284 (the "Improvements"; and WHEREAS, the Council directed City Engineers to prepare the specifications and plan for such Improvements, and published notice as required by law; and WHEREAS, the Contract Agreement, Documents and Specs ("Contract") were signed by the Contractor and the City on or before July 16, 1987; and WHEREAS, the Contract included a Performance Bond No. LB019246, a Payment Bond No. LB019246, and a Maintenance Bond No. LBO19246, (collectively the "Bonds") executed by Fairmont Insurance Company, now know as TransAmerica Insurance Company as Surety ("Surety") and Contractor as Principal, for the benefit of the City; and WHEREAS, the City has complied with all of the prerequisites required to notifying the by the default, and law to the validity of the Contract; and WHEREAS, the Contractor notified the City in August of Contractor's inability to preform under the terms of the Contract; and WHEREAS, the City Council hereby finds the Contractor to be in default under the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN: 1. That the facts recited in the preamble to this Resolution are true and correct, and incorporated by reference herein and made a part hereof; 2. That the City Attorney is hereby directed to take such legal actions as may be necessary, including, but not limited to notifying the Surety of the default, and calling upon 09/22/87 regular council meeting (csf sep22.min) page 11 of 12 such Surety to preform under its Bonds and the Contract. 3. The mayor of the City is hereby authorized to execute such documents as may be necessary to effectuate the completion of the Improvements and resolve any disputes(s) in connection with the Contract and Bonds. The documents to be executed may include, but not be limited to, any agreement(s) between the City and/or the Contractor, the above minutes are the true and correct minutes of said meeting. Surety and any Substitute Contractor, as well an any release(s) by and between the City and/or the Contractor and the Surety under the Contract and Bonds. Adjourn Motion by Lackey and carried by unanimous Time: 10:00 P.M. Attest: Denise-Lebowit-z, Deputy City Secretary THE STATE OF TEXAS CITY OF GEORGETOWN COUNTY OF WILLIAMSON second by Pearce to adjourn. Motion vote. I , being the current City Secretary of the City of Georgetown do hereby certify the above meeting of the City Council of the City of Georgetown convened in a meeting open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Article 6252-17, Section 3A, VATCS, and that the above minutes are the true and correct minutes of said meeting. Dated this day of (City Seal) City Secretary 19 . 09/22/87 regular council meeting (csf sep22.min) page 12 of 12