R-10-08-12-9D3 - 8/12/2010RESOLUTION NO. R -10-08-12-9D3
WHEREAS, the Greater Round Rock Community Foundation ("Foundation") is in the process
of developing a campus type facility ("Facility") to be used by various social service agencies; and
WHEREAS, the Foundation has requested that the City of Round Rock ("City") provide
financial participation for certain public infrastructure improvements; and
WHEREAS, the City has determined that such financial participation serves a legitimate
public purpose; and
WHEREAS, the City and the Foundation wish to enter into a Memorandum of Understanding
to set forth their respective duties and responsibilities regarding the construction of the Facility, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Memorandum of Understanding with the Greater Round Rock Community Foundation, a copy of same
being attached hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of August, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
LAA'gct
SARA L. WHITE, City Secretary
O:\wdox\SCCInts\0112\ 1005\MUNICIPAL\00199563.DOC/rtnc
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made by and between the City of Round
Rock, Texas ("City) and the Greater Round Rock Community Foundation ("Foundation").
RECITALS
WHEREAS, the Foundation is the owner of a certain parcel of real property (the "Property")
located at 901 E. Main Street in Round Rock, Williamson County, Texas; and
WHEREAS, the Foundation is in the process of developing a campus type facility with one
or more buildings to be used by various social service agencies (hereinafter "Facility") to be located
on the Property; and
WHEREAS, the Foundation has requested that the City provide financial participation for
certain public infrastructure improvements required for the Facility; and
WHEREAS, the City Council has determined that such financial participation serves a
legitimate public purpose which is appropriate for the expenditure of taxpayer dollars; and
WHEREAS, in order to facilitate the expeditious development of the Facility, the parties
desire to outline their respective duties and responsibilities in this MOU; and
WHEREAS, the parties recognize that future agreements formalizing the terms set out in this
MOU must be drafted and approved by the respective boards, councils and commissions representing
the parties; and
WHEREAS, the parties acknowledge that the terms and conditions listed herein are not
legally binding against any party, but merely serve as an outline of the duties and responsibilities of
each party,
NOW THEREFORE, City, and Foundation agree to work cooperatively and in good faith to
draft and approve future agreements and to develop the Facility in the manner set forth herein.
ARTICLE I
GENERAL SCOPE OF FACILITY
1.01 The Facility consists of approximately six (6) acres and will consist of one or more
buildings to be constructed which will be utilized for various nonprofit and social service
agencies.
EXHIBIT
1
ARTICLE II
FOUNDATION DUTIES AND RESPONSIBILITIES
2.01 Foundation will be responsible for preparing the site plan and making an application
for Planned Unit Development zoning, and the construction of all improvements required by the
Facility including those set out in 3.01 (b), (c), and (e) below .
ARTICLE III
CITY DUTIES AND RESPONSIBILITIES
3.01 Subject to the approval of final construction cost estimates and determining the
availability of funds, the City Council is willing to consider the following items of cost participation:
(a) The City at its sole cost and expense will relocate the existing wastewater line
currently running through the Property and the adjacent property owned by the Round Rock Serving
Center. The wastewater line will be relocated to the southern boundaries of the Property and the
Round Rock Serving Center property. The City will also construct at its sole cost and expense a new
off-site wastewater line.
(b) The City will contribute to the cost and expense for the construction of sidewalks and
curbs on the south side of Main St. along the entire length of the Property.
(c) The City will contribute to the cost and expense for the construction of one or more
fire hydrants on the Property as required by City Code.
(d) The Foundation will convey a portion of the Property to the City for public park
purposes and the City will at its sole cost and expense construct park improvements and maintain the
public park.
(e) The City will contribute to the cost and expense for the construction of drainage
improvements required by the Facility.
(f) The City will abandon all alleys and street rights-of-way located on the Property with
the exception of the street right-of-way on the southern boundary of the Property which is adjacent to
the Union Pacific Railroad right-of-way. However, if the Foundation acquires title to the Union
Pacific Railroad right of way, this street right-of-way will also be abandoned by the City.
(g) The City's total contribution towards the construction cost and expense of the items
listed above, as well as any other expense for the Facility shall be limited to no more than
$500,000.00.
ARTICLE IV
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the continued negotiations regarding the
construction of the Facility, and is not intended to legally bind the parties to the terms and conditions
2
stated herein. The parties, however, agree that the terms and conditions stated herein are reasonable
and provide an outline for future actions by the boards, councils and commissions of the parties.
Executed and effective this day of , 2010.
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
FOUNDATION OF GREATER WILLIAMSON
COUNTY
By:
Nyle Maxwell, Board President
3
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Council Agenda Summary Sheet
Agenda Item No. 9D3.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding with the
Greater Round Rock Community Foundation regarding the development of its property located at
901 E. Main St.
Meeting Date: August 12, 2010
Department: Administration
Staff Person making presentation: Jim Nuse
City Manager
Item Summary:
Strategic Plan Relevance:
Cost:
Source of Funds:
Date of Public Hearing (if required):
Recommended Action:
Approve Memorandum of Understanding
EXECUTED
DOCUMENT
FOLLOWS
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made by and between the City of Round
Rock, Texas ("City) and the Greater Round Rock Community Foundation ("Foundation").
RECITALS
WHEREAS, the Foundation is the owner of a certain parcel of real property (the "Property")
located at 901 E. Main Street in Round Rock, Williamson County, Texas; and
WHEREAS, the Foundation is in the process of developing a campus type facility with one
or more buildings to be used by various social service agencies (hereinafter "Facility") to be located
on the Property; and
WHEREAS, the Foundation has requested that the City provide financial participation for
certain public infrastructure improvements required for the Facility; and
WHEREAS, the City Council has determined that such financial participation serves a
legitimate public purpose which is appropriate for the expenditure of taxpayer dollars; and
WHEREAS, in order to facilitate the expeditious development of the Facility, the parties
desire to outline their respective duties and responsibilities in this MOU; and
WHEREAS, the parties recognize that future agreements formalizing the terms set out in this
MOU must be drafted and approved by the respective boards, councils and commissions representing
the parties; and
WHEREAS, the parties acknowledge that the terms and conditions listed herein are not
legally binding against any party, but merely serve as an outline of the duties and responsibilities of
each party,
NOW THEREFORE, City, and Foundation agree to work cooperatively and in good faith to
draft and approve future agreements and to develop the Facility in the manner set forth herein.
ARTICLE I
GENERAL SCOPE OF FACILITY
1.01 The Facility consists of approximately six (6) acres and will consist of one or more
buildings to be constructed which will be utilized for various nonprofit and social service
agencies.
1K— ID — CS -12-1n
1
ARTICLE II
FOUNDATION DUTIES AND RESPONSIBILITIES
2.01 Foundation will be responsible for preparing the site plan and making an application
for Planned Unit Development zoning, and the construction of all improvements required by the
Facility including those set out in 3.01 (b), (c), and (e) below .
ARTICLE III
CITY DUTIES AND RESPONSIBILITIES
3.01 Subject to the approval of final construction cost estimates and determining the
availability of funds, the City Council is willing to consider the following items of cost participation:
(a) The City at its sole cost and expense will relocate the existing wastewater line
currently running through the Property and the adjacent property owned by the Round Rock Serving
Center. The wastewater line will be relocated to the southern boundaries of the Property and the
Round Rock Serving Center property. The City will also construct at its sole cost and expense a new
off-site wastewater line.
(b) The City will contribute to the cost and expense for the construction of sidewalks and
curbs on the south side of Main St. along the entire length of the Property.
(c) The City will contribute to the cost and expense for the construction of one or more
fire hydrants on the Property as required by City Code.
(d) The Foundation will convey a portion of the Property to the City for public park
purposes and the City will at its sole cost and expense construct park improvements and maintain the
public park.
(e) The City will contribute to the cost and expense for the construction of drainage
improvements required by the Facility.
(f) The City will abandon all alleys and street rights-of-way located on the Property with
the exception of the street right-of-way on the southern boundary of the Property which is adjacent to
the Union Pacific Railroad right-of-way. However, if the Foundation acquires title to the Union
Pacific Railroad right of way, this street right-of-way will also be abandoned by the City.
(g) The City's total contribution towards the construction cost and expense of the items
listed above, as well as any other expense for the Facility shall be limited to no more than
$500,000.00.
ARTICLE IV
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the continued negotiations regarding the
construction of the Facility, and is not intended to legally bind the parties to the terms and conditions
2
stated herein. The parties, however, agree that the terms and conditions stated herein are reasonable
and provide an outline for future actions by the boards, councils and commissions of the parties.
Executed and effective this 1A -1i -day off , 2010.
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
FOUNDATION OF GREAT ' R W ..â–º.:.; SON
COUNTY
By:
Nyle M
3
oard President