HomeMy WebLinkAboutORD 2006-83 - Cimmarron Hills/ Jensen TractAn Ordinance of the City Council of the City of Georgetown, Texas, amending
Exhibit 1: Intensity Map of the Century Plan — Development Plan, passed and
adopted on the 130, Day or March 1990, to change 154.015 acres in A.H. Porter
Survey, from Intensity Level 1 to Intensity Level 2, or any more restrictive
classification, for the Cimarron Hills Development, repealing conflicting ordinances
and resolutions; including a severability clause; and establishing an effective date.
Whereas, the City Charter of the City of Georgetown was amended by vote of the people in
April 1986 such that comprehensive planning was established as a continuous and ongoing
governmental function; and
Whereas, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the
Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section
1.08 of the City Charter; and
Whereas, the City Council did, on March 13,1990, adopt by Ordinance Number 900149 the
Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities
functional plan elements pursuant to Section 1.08 of the City Charter; and
Whereas, the Century Plan- Development Plan contains the Intensity Map designed to
assign development intensities throughout the Georgetown Planning Area; and
Whereas, the City Council did, on May 28, 2002, adopt by Ordinance Number 2002-32 adopt
new elements of the Century Plan: The Future Land Use Plan pursuant to Section 1.08 of the City
Charter; and
Whereas, the Century Plan- the Future Land Use Plan contains the Future Land Use Map
designed to assign future land uses throughout the Georgetown planning area; and
Whereas, an application from Cimarron Hills, LP has been made to change the intensity
assignment for 154.015 acres, more or less, out of the A.H. Porter Survey (the "Property"), from
Intensity Level 1 to Intensity Level 2, located north of SH 29 West; and
Whereas, the Planning and Zoning Commission did, on August 1, 2006, conduct a public
hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan
and to the Century Plan — Intensity Map; and
Whereas, notice of such hearing was published in a newspaper of general circulation in the
City, which stated the time and place of hearing which time was not earlier than fifteen (1.5) days for
the first day of such publication; and
Century Plan Amendment — Cimarron Hills/Jensen Tract Ordinance No. &`
Page 1 of 3
Whereas, written notice was given not less than fifteen (15) days before the date set for the
meeting before the Planning and Zoning Commission to all the owners of the lots within two
hundred feet of the property, as required by law; and
Whereas, the applicant for such Plan amendment placed on the 154.015 acres, more or less,
out of the A.H. Porter Survey, such Signs) as required by law for advertising the Planning and
Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and
Whereas, the Planning and Zoning Commission did, on August 1, 2006, recommend that the
City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development
Plan and the Century Plan — Intensity Map; and
Whereas, Chapter 212.172 of the Texas Local Government Code grants the governing body
of a municipality the authority to enter into a written contract with an owner of land in the
extraterritorial jurisdiction of the municipality concerning land use, infrastructure, extent of
planning authority and other lawful terms and considerations the parties consider appropriate, and
the provisions of this Ordinance are expressly made conditional on the entry into such an
Agreement between the Applicant and the City as set forth herein relating to 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 following Policy Ends of the Century Plan - Policy Plan Element and Goals of the
Future Land Use Plan:
1. Policy Statement: Georgetown's natural and physical resources are managed so that citizens
enjoy the benefits of economic and social development.
2. Future Land Use and Thoroughfare Plan:
Goal 1: Encourage the most desirable and efficient use of land while enhancing the
physical environment through functional and compatible land use
configurations.
Objective 1.2: Plan for future development that is compatible with the City's
natural features, environmentally sensitive areas, and existing land uses.
Objective 1.3: Ensure that new developments will be compatible with existing
land uses in terms of use, density, building heights, scale, and offsite effects.
Objective 1.6: Ensure that the local infrastructure systems can accommodate
Century Plan Amendment — Cimarron Hills/Jensen Tract Ordinance No.
Page 2 of 3
future growth; ensure that such systems are expanded as needed,
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan,
Section 2. EXHIBIT 1 - Intensity Map, contained within the Century Plan - Development
Plan, is hereby amended by the City Council of the City of Georgetown, Texas, to change the
Intensity Level 1 designation to 154.015 acres at Intensity Level 2, out of A.H. Porter Survey, located
north of SH 29 West for Cimarron Hills, LP, as illustrated in Exhibit A of this ordinance.
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 the Charter of the
City of Georgetown.
PASSED AND APPROVED on First Reading on the 22 day of August, 2006.
PASSED AND APPROVED on Second Reading on the 12 day of September, 2006,
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
4
Patricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
n
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By: Ga . < Nelon
Mayor
Century Plan Amendment — Cimarron Hills/Jensen Tract Ordinance No.
Page 3 of 3
CK
imarron Hills Jensen
Century Plan Amendment
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THOROUGHFARE PLAN
CLASS
EXIST COLLECTOR
EXIST MAJ ARTERIAL
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Exhibit A
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City of Georgetown
Planning and Development Services Division:
Draft Cartographic Data for Planning Purposes Only
June 15,2006
°° °' °' ° mm mm ■ PROP_MAJ_ARTERIAL 0 0.3 0.6 1.2
Streets
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SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown, Texas is an incorporated Home Rule city
dependent upon taxes to provide its citizens with services; and
WHEREAS, the City of Georgetown, Texas published the required notice on
August 27; and
WHEREAS, all notification and public hearing requirements have been satisfied;
WHEREAS, the City Council finds it necessary to levy taxes forthe 2006/07 fiscal
year for the City of Georgetown, Texas; and
WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following policy of the Century Plan - Policy Plan
Element:
1. Finance Policy Statement 13.0, which states: "All municipal operations are
conducted in an efficient business -like manner and sufficient financial resources
for both current and future needs are provided",
and further finds that the enactment of this ordinance is not inconsistent or in conflict with
any other Century Plan Policies, as required by Section 2.03 of the Administrative
Chapter of the Policy Plan,
SECTION 2. The City Council of the City of Georgetown (the "City Council")
hereby finds that all of the prerequisites to the levying of a tax rate for this City for the
year 2006, (including, without limitation, certifications, notices, submittals, and public
hearings) as required by law have been complied with.
Levy Tax Rate 2006/07 Ordinance No.
Page 1 of 2
J:\CityHaIABRANDENBURGIBudget12006-071Budget-Tax Levy.ORD.doc
SECTION 3. The City Council does hereby levy and adopt the tax rate on $100
valuation for the tax year 2006 as follows:
$.21979 for the purpose of maintenance and operation
14749 for the principal and interest on debt of this city
36728 total tax rate
SECTION 4. If any section, paragraph, clause, phrase, or provision of this
Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the
validity of this Ordinance as a whole or any part or provision thereof other than the part
so declared to be invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective upon adoption of its second
and final reading by the City Council of the City of Georgetown, Texas.
PASSED AND APPROVED on First Reading on the 12th day of September, 2006,
PASSED AND APPROVED on Second Reading on the 26th day of September,
2006.
ATTEST:
City Secretary,
APPROVED AS TO FORM:
r f
Patricia E. Carls
Brown & Carls, LLC
THE CITY OF GEORGETOWN:
Levy Tax Rate 2006/07 Ordinance No. `zY 5C)b - Y�
Page 2 of 2
J:\CityHaIABRANDBNBURGVBudgett2006-071Budget-Tax Levy.ORD.doc
Sep 27 20OG 1:07PM
Sep-27-2006 12;05 PM
BR[.WN#CARLS FAX
C1 >' of Georgetown,
51,<�4728403
5129303u 2
p.4
313
SECTION 3. The City Council does hereby levy and adopt the tax rate on $100
valuation for the tax year 2006 as follows:
$.21979 for the purpose of maintenance and operation
.1$ 4749 for the principal and interest on debt of this city
35728 total tax rate
SECTION 4. If any section, paragraph, clause, phrase, or provision of this
Ordinance shalt be adjudged invalid or held unconstitutional, the same shall not affect the
validity of this Ordinance as a whole or any part or provision thereof other than the part
so declared to be invalid or unconstitutional.
SECTION 5. This Ordinance small became effective upon adoption of its second
and final reacting by the City Council of the City of Georgetown, Texas.
PASSED AND APPROVED on First Reading cn the 12`" clay of September, 2006.
PASSED AND APPROVED on Second Reading on the 261h day of September,
ATTEST:
City Sec
APPROVED AS TO FORM.
Patricia E. Carla
Brown & Caris, t_LC
THE CITY OF GEORGETOWN.
Levy Tax Rate 2005107 Ordinance No. `C UUtO 95 1
Page 2 of 2
J lcilyHaiABRANDEN&URG%BudgeUO06.OT18udget,Tex LeVY-ORD.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, ADOPTING THE CENTURY PLAN - ANNUAL
OPERATING PLAN ELEMENT FOR THE ENSUING FISCAL YEAR
BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, IN
ACCORDANCE WITH CHAPTER 102, LOCAL GOVERNMENT CODE,
APPROPRIATING THE VARIOUS AMOUNTS THEREOF; ADOPTING THE
ANNUAL AMENDMENT TO THE CENTURY PLAN; ADOPTING COUNCIL
AMENDMENTS; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Georgetown, Texas, was amended by
vote of the people in April, 1986 such that comprehensive planning was established as a
continuous and ongoing governmental function; and
WHEREAS, the City Council did, on March 8, 1988, adopt by Ordinance Number
880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City
pursuant to Section 1.08 of the City Charter; and
WHEREAS, Chapter 4-Administration of the Policy Plan establishes the means of
implementing, revising, and amending adopted elements of the Century Plan; and
WHEREAS, the City Manager of the City of Georgetown has submitted to the City
Council a proposed Annual Operating Plan element ("Plan") of the Century Plan of the
revenues of said City and expenses of conducting the affairs thereof and providing a
complete financial plan for the ensuing fiscal year, beginning October 1, 2006, and ending
September 30, 2007, and which said Proposed Plan has been compiled from detailed
information obtained from the several departments and offices of the City; and
WHEREAS, the City Council has received said City Manager's Proposed Plan and
a copy of such Proposed Plan and all supporting schedules have been filed with the City
Secretary of the City of Georgetown; and
WHEREAS, in accordance with Section 102,006 of the Texas Local Government
Code, a public hearing was held on August 31, 2006, concerning such Proposed Plan; and
such hearing was held giving all interested taxpayers an opportunity to be heard for or
against any item or amount therein; and
oz
2006i07 Annual Operating Plan Ordinance No. " t.t
Page 1 of 4
C:IDOCUME-1lshirleyrlLOCALS-11Tempinotes898DCA1-8276185. doc
WHEREAS, the City Council of the City of Georgetown is of the opinion that the
Proposed Plan should be approved and adopted as the City's Annual Operating Plan
element as amended for the ensuing fiscal year; and
WHEREAS, the City Council has reviewed all adopted ends, means, and Functional
Plans to develop the Proposed Plan and adoption of the Annual Operating Plan shall
constitute an Annual Amendment to those elements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following policy of the Century Plan - Policy Plan
Element:
1. Finance Policy Statement 14.0, which states: "All municipal operations
are conducted in an efficient business -like manner and sufficient financial
resources for both current and future needs are provided",
and further finds that the enactment of this Ordinance is not inconsistent or in conflict with
any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter
of the Policy Plan.
SECTION 2. The Proposed Plan of the revenues of the City of Georgetown and
expenses of conducting the affairs thereof, providing a financial plan for the ensuing fiscal
year beginning October 1, 2006, and ending September 30, 2007, as submitted to the City
Council by the City Manager of said City, and the same is in all things adopted and
approved as amended per Exhibit "A" as the Annual Operating Plan of the current
revenues and expenses as well as fixed charges against said City for the fiscal year
beginning October 1, 2006, and ending September 30, 2007. Exhibit "A" is the Plan
distributed to Council members September 8, 2006, incorporated by reference herein.
4L ='
2006i07 Annual Operating Plan Ordinance No.
Page 2 of 4
C:IDOCUME~ l lshirleyrV.00ALS-1 \Tempinotes898DCA1--8276185.doc
SECTION 3. The amounts indicated for the following funds are hereby appropriated
for payments of expenditures and payments of the individual funds:
Fund
Airport Fund
General Debt Service
Electric Funds
Facilities Maintenance Fund
Fleet Management Fund
General Capital Projects
General Fund
Information Services Fund
Joint Services Fund
Sanitation Fund
Special Revenue Funds
Stormwater Drainage Funds
Water Services Funds
Total for 2006107
Appropriations
$ 21252,707
51074,768
52,528,660
11273,704
31535,823
11,212,525
28,158, 378
11601,253
61700,747
41150,645
41390,112
11810,241
31,796,229
$154,485,792
SECTION 4. Adoption of this ordinance authorizes the City Manager to transfer
monies set aside for salary adjustments and employee merit bonuses in the various
operating funds to departments as needed for these purposes.
SECTION 5. Adoption of this Ordinance shall constitute the Annual Amendment to
the following adopted functional plan elements and shall establish a new effective date for
these elements:
Airport Master Plan
Land Intensity Plan
Parks and Recreation Plan
Economic Development Strategic Plan
Facilities and Services Plan
Urban Design Plan
Transportation and Utilities Plan
SECTION 6. 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.
2006/07 Annual Operating Plan Ordinance No.5
Page 3 of 4
C:IDOCUME-1 tshirleyrtLOCALS-11Tempinotes898DCA1-8276185.doc
SECTION 7. 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 8. The Mayor is hereby authorized to sign this Ordinance and the City
Secretary to attest. This Ordinance shall become effective upon adoption of its second
and final reading by the City Council of the City of Georgetown, Texas,
PASSED AND APPROVED on First Reading on the 12t" day of September, 2006.
PASSED AND APPROVED on Second Reading on the 26t" day of September,
2006.
ATTEST: THE CITY OF GEORGETOWN:
`� v Y V }6 Y 5.Y wA S •.•
City Secretary v
- L
Patricia Carls, Brown and Carls, LLP
Brown & Carls
2006/07 Annual Operating Plan Ordinance No.- it v 5J
Page 4 of 4
C:IDOCUME-1 tshirlewiLOCALS~11Tempinotes898DCA\-8276185.doc
Mayor
Sep 27 2006
Sep-27-2006
10055AM
10:40 AM
BRO"N#CARLS FAX 51?4,728403
Ci of Georgetown, 5129303
p.6
519
SECTION 7. 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 8, The Mayor is hereby authorized to sign this Ordinance and the City
Secretary to attest. This Ordinance shall became effective upon adoption of its second
and final reading by the City Council of the City of Georgetown, Texas.
PASSED AND APPROVED on First Reading on the 12lh day of September, 2006,
PASSED
2006.
ATTEST.
City Secretary
AND APPROVED on Second Reading on the 26u' day of September,
APPROVED AS TO FORM:
Patricia Carts, Brown and Carts, LLP
Brown & Carts
THE CITY OF GEORGETOWN,
C�
2006107 Annual Opetaling Pion Ordinance No. _ l) C)
Page 4 of 4
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•'D I
AN ORDINANCE AMENDING CITY OF GEORGETOWN, CODE OF
ORDINANCES § 2.08,010 ADMINISTRATIVE DIVISIONS AND
DEPARTMENTS; PROVIDING A SEVERABILITY CLAUSE; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, the City Council has reviewed the proposed 2006/07 Annual Operating
Plan Element of the Georgetown Century Plan, and the Administrative Division and
Department revisions contained therein; and
WHEREAS, the City Council of the City of Georgetown, Texas deems it necessary
to amend § 2.08.010 of the City of Georgetown Code of Ordinances entitled
"Administration", "Administrative Divisions and Departments".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following policy of the Century Plan - Policy Plan
Element:
1. Policy End 13.00, which states: "All municipal operations are
conducted in an efficient business -like manner and sufficient financial
resources for both short-term and long-term needs are provided", and further
finds that the enactment of this Ordinance is not inconsistent or in conflict
with any other Century Plan Policies, as required by Section 2.03 of the
Administrative Chapter of the Policy Plan,
and further finds that the enactment of this ordinance is not inconsistent or in conflict with
any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter
of the Policy Plan.
SECTION 2. The City of Georgetown Code of Ordinances, Chapter 2,
Administration,
§ 2.08.010, Administrative Divisions and Departments, is hereby amended to read as
follows:
§ 2,08.010, Administrative Divisions and Departments.
There are hereby established the following administrative divisions and departments
of the City:
Amend Divisions/Departments 2004/05 Ordinance No. 400' -
Page 1
P:WGENDA120061budgetlAdoptionlBudget-Admin Div-Dept07.doc
Community Development Division:
Planning and Development Services
Inspection Services (including code enforcement and fire inspections)
Community Services Division:
Convention & Visitors Bureau / Main Street / Tourism
Parks Maintenance
Public Library
Recreation
Georgetown Utility Systems Division:
Administration
Energy Services (Electric)
Sanitation
Systems Engineering
Transportation Services (Stormwater Drainage & Streets)
Water Services (Wastewater & Water)
Finance and Administration Division:
Administration
Accounting
Facilities Maintenance (including Internal Service Fund)
Fleet Management (including Internal Service Fund)
Municipal Court
Purchasing & Properties
Utility Office
Fire Division:
Administration
Operations (including Billing for Services)
Management Services Division:
City Council
City Manager's Office
Economic Development Administration
Legal Services
Human Resources
Information Technology Operations (including
General Government Contracts
Airport
Police Division:
Administrative Services Bureau
Animal Services Department
Field Operations Bureau
Support Services Bureau
Amend Divisions/Departments 2004105 Ordinance No.
Page 2
P:kAGENDAk2006\budgettAdoption\Budget-Admin Div-Dept07.doc
Internal Service Fund)
SECTION 3. In the event any section, paragraph, subdivision, clause, phrase,
provision sentence or part of this ordinance or the application of same to any person or
circumstance shall for any reason be adjudged invalid or held unconstitutional, by a court
of competent jurisdiction, it shall not affect, impair, or invalidate the remainder of this
ordinance which shall be given full force and effect.
SECTION 4. This ordinance shall become effective September 26, 2006 upon
adoption by the City Council of the City of Georgetown, Texas,
PASSED AND APPROVED on First Reading on the 12th day of September, 2006.
PASSED AND APPROVED on Second Reading on the 26th day of September,
2006,
ATTEST:
City Secretary
APP�ROVED�AS TO FORM:
Patricia Carls
Brown & Carls
Amend Divisions/Departments 2004/05 Ordinance No.�
Page 3
P:IAGENDA120061budgetWdoptionOudget-Admin Div-DepfflTdoc
THE CITY OF GEORGETOWN:
Gary Nelon
Mayor
ORDINANCE NO. ADDT_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS RELATING TO THE CLASSIFICATIONS AND
NUMBER OF POSITIONS FOR ALL CITY OF GEORGETOWN FIRE
FIGHTERS AND POLICE OFFICERS PURSUANT TO CHAPTER 143 OF
THE TEXAS LOCAL GOVERNMENT CODE PERTAINING TO CIVIL
SERVICE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH; PROVIDING A
SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE
MEETINGS AT WHICH THE ORDINANCE IS PASSED ARE OPEN TO
THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the citizens of the City of Georgetown, Texas have adopted the civil service system
for its fire and police departments; and
WHEREAS, civil service is governed under Chapter 143 of the Texas Local Government Code; and
WHEREAS, Local Government Code, Section 143.021, requires that the governing body of a
municipality shall establish classifications and numbers of positions by ordinance.
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun in compliance
with the City Charter of the City of Georgetown.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The classification plans for classified positions in the Fire and Police Departments
shall be as follows:
PART ONE — FIRE DEPARTMENT
The following classifications of firefighters in the Fire Department shall exist effective on and after the
dates set forth herein under the provisions of Chapter 143 of the Texas Local Government Code.
These classifications and no others shall exist effective on and after the dates set forth herein with the
number shown indicating the number of positions in each classification.
Number in
Classification Classification
Assistant Chief— Fire Operations 1
Fire Battalion Chief (Formerly Captain) 3
Fire Lieutenant 12
Apparatus Operator 12
Firefighter 32
Total 60
The one (1) Assistant Fire Chief is appointed by the head of the department, and serves at the pleasure
of the Department Head, in accordance with Local Government Code, Section 143.014.
Ordinance No. A00t9 s Z "q
Strength of Force Ordinance
Page 1 of 2
PART TWO — POLICE DEPARTMENT
The following classifications of officers in the Police Department shall exist effective on and after the
dates set forth herein under the provisions of Chapter 143 of the Texas Local Government Code.
These classifications and no others shall exist effective on and after the dates set forth herein with the
number shown indicating the number of positions in each classification.
Number in
Classification Classification
Assistant Chief of Police 1
Police Captain 2
Police Lieutenant 6
Police Detective/Sergeant 15
Police Officer 42
Total 66
The one (1) Assistant Police Chief is appointed by the head of the department, and serves at the
pleasure of the Department Head, in accordance with Local Government Code, Section 143.014.
SECTION 2. All positions, other than the position immediately below the Department Head,
shall be filled pursuant to the provisions of Local Government Code, Chapter 143, and eligibility lists
applicable to the position.
SECTION 3. That it is hereby found and determined that the meetings at which this ordinance
was passed were open to the public, as required by Section 551, Texas Government Code, and that
advance public notice of the time, place and purpose of said meetings was given.
SECTION 4. Should any section, paragraph, sentence, clause, phrase or word of this ordinance
be declared unconstitutional or invalid for any purpose by a court of competent jurisdiction, the remainder
of this ordinance shall not be affected thereby and to this end the provisions of this Ordinance are declared
to be severable.
SECTION 5, This Ordinance shall be and become effective immediately after its second and
final reading.
PASSED AND APPROVED on First Reading on the X24 day of t ' , 2006 at a regular
meeting of the City Council of the City of Georgetown, Texas.
PASSED AND APPROVED on Second Reading on the day o2006 at a regular
meeting of the City Council of the City of Georgetown, Texas.
ATTEST':/ 'In . CITY
By:
Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Ordinance No. A 00 ` 97
Strength of Force Ordinance
Page 2 of 2
ORDINANCE NO+
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS DENYING THE RATE
INCREASE PROPOSED BY THE ATMOS ENERGY
CORPORATION, MID-TEX DIVISION; REQUIRING THE
REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIES
WITH THE OPEN MEETINGS ACT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Atmos Energy Corporation — Mid -Tex Division ("Atmos") filed a
Statement of Intent with the City of Georgetown, Texas ("City") on May 31, 2006 to increase its
system -wide, annual revenue requirement, by approximately $73 million; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
("GURA") and under § 103.001 of GURA has exclusive original jurisdiction over Atmos' rates,
operations, and services of a gas utility within the municipality; and
WHEREAS, the original effective date for the Atmos rate increase request was July 5,
2006, the City has suspended the effective date for the City to take final action until October 3,
2006; and
WHEREAS, the City, acting in concert with other cities known as the Atmos Texas
Municipalities ("ATM"), has employed rate experts to review the testimony, schedules,
workpapers and other documents provided by Atmos in its Statement of Intent and in response to
discovery requests; and
WHEREAS, the City's rate experts have reviewed thousands of pages of the books and
records of Atmos and the review is on -going; and
Ordinance No. d, 0(a—$
ATMOS — Rate Increase Denial
Page 1 of 4
WHEREAS, based upon the review of the rate experts the request to increase rates
should be denied.
NOW THREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT.
PART 1. FINDINGS
(A) On May 31, 2006, Atmos filed a rate filing package with the City based on a test
year ending December 31, 2005, seeking to increase rates by $73 million with a proposed
effective date of July 5, 2006 which was suspended to October 3, 2006.
(B) Based on Company -provided information, Atmos' proposal would result in an
average monthly increase per customer within the City as follows:
Residential - $4.02 or approximately 5.36%
Commercial - $17.16 or approximately 5.25%
Industrial - $7.10 or approximately .21%
(C) The City has exclusive original jurisdiction under the Gas Utilities Regulatory
Act, Texas Utilities Code § 103.001 to evaluate Atmos' proposed rate increase.
(D) The City has joined a coalition of cities, known as Atmos Texas Municipalities
("ATM").
(E) ATM has hired experts to evaluate and make recominendations regarding the
proposed rate increase.
(F) While ATM's experts will not conclude their investigation until September 15,
2006, based on current information, they recommend that Atmos is not entitled to an increase in
rates.
(G) These experts have determined that the rate increase proposed by Atmos is not
just and reasonable based on the following:
The request seeks an excessive rate of return of 11.5%;
the request artificially decreases debt and increases equity;
the request seeks excessive levels of infrastructure adjustments for its Gas
Reliability Infrastructure Program ("GRIP"); and
Ordinance No. QQ (i
ATMOS — Rate Increase Denial
Page 2 of 4
the request proposes a radical change in rate design for residential customers,
which promotes waste of natural gas and shifts costs to low use customers.
(H) The 11.5% rate of return proposed by Atmos is 135 basis points more than the
10.12% rate of return considered to be reasonable in Atmos' most recent rate case before the
Georgia Public Service Commission.
(I) Atmos' proposal treats some of its debt (at a cost of 5% to 6%) as equity (at a cost
of 9% to 10.5%), artificially inflating the cost of equity and thereby increasing the overall return
on investments and making the rate increase request considerably larger than justified.
(J) Contrary to the plain language and intent of the Gas Utilities Regulatory Act,
Texas Utilities Code §104.301, some of the GRIP adjustments proposed by Atmos have nothing
to do with capital investment for infrastructure improvements related to safety and reliability.
Instead GRIP adjustments include the purchase of new computers, office furniture, signage for
trucks and other vehicles and telecommunications systems.
(K) Atmos has proposed a rate design that unjustly shifts costs of the proposed
increase to low use residential customers by increasing the residential customer charge and base
rate cost for the first 3 Mcf of usage. In turn, Atmos has proposed to dramatically decrease the
cost of gas above 3 Mcf thereby promoting consumption and waste of a finite natural resource as
demonstrated in the chart below.
RESIDENTIAL RATES
Charge
Current
Proposed
% Increase
Customer Charge
$9.00
$13.50
GRIP Adjustments
0.58
0
Total
$9.5 8
$13.50
41 %
0 - 1.5 Mcf
$1.239/Mcf
$3.546/Mcf
1.5 - 3 Mcf
$1.239/Mcf
$0.346/Mcf
Total
$2.478
$3.892
57%
(L) The failure of Atmos to provide cost information related to assets of TXU Gas
Company prior to the acquisition by Atmos on October 1, 2004, has made it difficult to analyze
the components and reasonableness of the requested costs and expenses.
Ordinance No. AQQIt —F
ATMOS — Rate Increase Denial
Page 3 of 4
(M) The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PART 2. Based upon the foregoing findings the rate increase proposed by Atmos and filed with
the City on May 31, 2006, is denied.
PART 3. Atmos is directed to reimburse all municipal rate case expenses incurred by the City in
relation to the filing.
PART 4. A copy of this ordinance shall be sent to Mr. Richard Reis, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240 and to Mr. Jim Finley, City
Attorney, City of Longview, Texas, at fax number 903-239-5539.
PART 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 the Charter
of the City of Georgetown.
PASSED AND APPROVED ON FIRST READING on this /O-'kh day of September, 2006.
PASSED AND APPROVED ON SECOND READING on this day of September, 2006.
ATTEST:
Sandra Lee, City Secretary
APPROVED AS TO FORM:
lac �rircdG(�G�--
Patricia E. Carls
BROWN & Carls, LLP, City Attorney
Ordinance No. :9, 00
ATMOS — Rate Increase Denial
Page 4 of 4
THE CITY OF GEORGETOWN