R-08-12-18-7G1 - 12/18/2008RESOLUTION NO. R -08-12-18-7G1
WHEREAS, the City of Round Rock has previously entered into a
Consent Agreement with Double J Investments, L.P., now RSP Partners
Development, L.P., ("Developer") regarding the creation of two
Municipal Utility Districts named Williamson County Municipal
Utility District Nos. 19 and 20, now named Siena Municipal Utility
District No. 1 and Siena Municipal Utility District No. 2, and
WHEREAS, by Resolution No. R -06-10-12-11E1, the City approved
an Amended and Restated Consent Agreement with Developer, and
WHEREAS, the City Council now wishes to amend the aforesaid
Agreement to extend the deadline and to modify certain terms and
conditions, 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 First Amendment to the Amended and Restated
Consent Agreement with RSP Partners Development, L.P. a copy of same
being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
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.
0:\WDOX\RESOLUTI\R81218G1.DOC/rmc
RESOLVED this 18th day of December, 2008.
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
FIRST AMENDMENT TO
AMENDED AND RESTATED CONSENT AGREEMENT
AMONG CITY OF ROUND ROCK, TEXAS,
RSP PARTNERS DEVELOPMENT, L.P.
(FORMERLY DOUBLE J INVESTMENTS, L.P.) AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 1 AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 2
(FORMERLY WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NOS. 19 AND 20)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This First Amendment to the Amended and Restated Consent Agreement ("First
Amendment") is entered into among the City of Round Rock, Texas, a home -rule city located in
Williamson County, Texas (the "City"), RSP Partners Development, L.P. (the "Developer") and
Siena Municipal Utility District No. 1 and Siena Municipal Utility District No. 2 (the "District"
or "Districts"), each of which are Districts now duly created by the Texas Commission on
Environmental Quality.
RECITALS
WHEREAS, the City and the Developer entered into the Amended and Restated Consent
Agreement ("Consent Agreement") as of October 18, 2006, and the Districts will join in the
Consent Agreement upon organization of their respective boards of directors;
WHEREAS, the Consent Agreement provided among other things that the Developer
would construct Line D of the McNutt Interceptor Project, as those terms are defined in the
Consent Agreement, within 24 months of the approval of the Consent Agreement by the City;
WHEREAS, due to the economic slowdown being experienced in Central Texas the need
for Line D to provide service to additional development to be located within the Districts has
been delayed;
WHEREAS, the City and the Developer acknowledge that the deadline for completion of
construction of Line D should now be extended to not later than 48 months after the approval of
the Consent Agreement by the City;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to amend the Consent Agreement as follows:
1. The obligation of the Developer to construct Line D of the McNutt Interceptor as
set forth in the second paragraph of Section 2.04 of the Consent Agreement is hereby amended
as follows:
1
339478-2 11/17/2008
EXHIBIT
nAn
effect.
Lines D-1, D-2 and D-4 shall be engineered and designed by Developer
within eight (8) months of the approval and execution of this First Amendment by
the City. Lines D-1, D-2 and D-4 shall be constructed by the Developer to the
eastern boundary of the land within twenty-four (24) months of the approval and
execution of this First Amendment by the City. These lines are shown on Exhibit
"C" to the Consent Agreement.
2. All other terms and conditions of the Consent Agreement remain in full force and
IN WITNESS WHEREOF, the undersigned parties have executed this First Amendment
on the dates indicated below.
CITY OF ROUND ROCK, TEXAS
By:
Name:
Title:
Date:
Johri S. Lloyd, Director
Date: II—fel-0Y
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on , 2008, by
of the City of Round Rock, Texas, a home -rule city
on behalf of said City.
(Seal)
Notary Public Signature
2
339478-2 11/17/2008
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on / 7 2008, by John S.
Lloyd, Director of RSP Partners Development, L.P., a Texas limited partnership on behalf of
said limited partnership.
(Seal)
F
p�Ppl pBq IRMA W. SPEER
S
Notary Public. State of Texas
My Commission Expires
;4Eg>:' February 20, 2009
r�
339478-2 11/17/2008
otary Public Signature
3
Joinder by the Districts:
SIENA MUNICIPAL UTILITY DISTRICT NO. 1
By:
Name:
Title:
Date:
SIENA MUNICIPAL UTILITY DISTRICT NO. 2
By:
Name:
Title:
Date:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on , 2008, by
of Siena Municipal Utility District No. 1, on behalf of
the District.
(Seal)
339478-2 11/17/2008
Notary Public Signature
4
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on , 2008, by
of Siena Municipal Utility District No. 2, on behalf of
the District.
(Seal)
339478-2 11/17/2008
Notary Public Signature
5
DATE: December 11, 2008
SUBJECT: City Council Meeting — December 18, 2008
ITEM: 7G1. Consider a resolution authorizing the Mayor to execute the First
Amendment to the Amended and Restated Consent Agreement with RSP
Partners Development, L.P. for the creation of Siena Municipal Utility
Districts 1 and 2.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
The Amended and Restated Consent Agreement provided that the Developer would construct
three segments (D-1, D-2, and D-4) of the McNutt Creek Wastewater Interceptor System within
24 months of the approval of the Consent Agreement by the City. Due to the economic
slowdown being experienced in Central Texas, the need for the wastewater lines to provide
service to development within the Siena Municipal Utility Districts (MUD) has been delayed.
The City and the Developer acknowledge that the deadline for completion of construction of
these wastewater lines D-1, D-2, and D-4 should be extended to 24 months after the approval
and execution of this First Amendment by the City. Also, in order to meet this deadline, the
City and Developer agree that the wastewater lines D-1, D-2, and D-4 shall be engineered and
designed by the Developer within eight months of execution of this First Amendment.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: RSP Partners Development, L.P.
Background Information:
Siena MUD Nos. 1 and 2 are located on the eastern portion of the City of Round Rock ETJ.
Specifically, the MUDs are located north of US Highway 79, south of County Road 109, and east
and west of County Road 110. The City originally approved the Consent Agreement on
September 22, 2005. The City and the Developer entered into the Amended and Restated
Consent Agreement on October 18, 2006.
Public Comment: N/A
PY
FIRST AMENDMENT TO
AMENDED AND RESTATED CONSENT AGREEMENT
AMONG CITY OF ROUND ROCK, TEXAS,
RSP PARTNERS DEVELOPMENT, L.P.
(FORMERLY DOUBLE J INVESTMENTS, L.P.) AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 1 AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 2
(FORMERLY WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NOS. 19 AND 20)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This First Amendment to the Amended and Restated Consent Agreement ("First
Amendment") is entered into among the City of Round Rock, Texas, a home -rule city located in
Williamson County, Texas (the "City"), RSP Partners Development, L.P. (the "Developer") and
Siena Municipal Utility District No. 1 and Siena Municipal Utility District No. 2 (the "District"
or "Districts"), each of which are Districts now duly created by the Texas Commission on
Environmental Quality.
RECITALS
WHEREAS, the City and the Developer entered into the Amended and Restated Consent
Agreement ("Consent Agreement") as of October 18, 2006, and the Districts will join in the
Consent Agreement upon organization of their respective boards of directors;
WHEREAS, the Consent Agreement provided among other things that the Developer
would construct Line D of the McNutt Interceptor Project, as those terms are defined in the
Consent Agreement, within 24 months of the approval of the Consent Agreement by the City;
WHEREAS, due to the economic slowdown being experienced in Central Texas the need
for Line D to provide service to additional development to be located within the Districts has
been delayed;
WHEREAS, the City and the Developer acknowledge that the deadline for completion of
construction of Line D should now be extended to not later than 48 months after the approval of
the Consent Agreement by the City;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to amend the Consent Agreement as follows:
1. The obligation of the Developer to construct Line D of the McNutt Interceptor as
set forth in the second paragraph of Section 2.04 of the Consent Agreement is hereby amended
as follows:
1
339478-2 11/17/2008
Lines D-1, D-2 and D-4 shall be engineered and designed by Developer
within eight (8) months of the approval and execution of this First Amendment by
the City. Lines D-1, D-2 and D-4 shall be constructed by the Developer to the
eastern boundary of the land within twenty-four (24) months of the approval and
execution of this First Amendment by the City. These lines are shown on Exhibit
"C" to the Consent Agreement.
2. All other terms and conditions of the Consent Agreement remain in full force and
effect.
IN WITNESS WHEREOF, the undersigned parties have executed this First Amendment
on the dates indicated below.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK, TEXAS
By: 1/17--4
Name: IA's N N W l': V W
Title: /V1 Awry".
Date: 12- :10. Pe
RSP PARTNERS DFNEIJOP E ►W L.P.
By:
John S. Lloyd, Director
Date: i t — VS -- o c"
This instrument was acknowledged before me on 1)2lahAl.er lb, 2008, by
Atm V1 1/1 r6 v1 VJof the City of Round Rock, Texas, a home -rule city
on behalf of said City. `[
(Seal)
u,,
SARA L WHITE
MY COMMISSION EXPIRES
July 11,2012
339478-2 11/17/2008
Notary Public Signature
2
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on / 7 2008, by John S.
Lloyd, Director of RSP Partners Development, L.P., a Texas limited partnership on behalf of
said limited partnership.
(Seal)
IRMA W. SPEERS
Notary Public, State of Texas
My Commission Expires
February 20, 2009
339478-2 11/17/2008
otary Public Signature
3
Joinder by the Districts:
SIENA MUNICIPAL UTILITY DISTRICT NO. 1
By:
Name:
Title:
Date:
SIENA MUNICIPAL UTILITY DISTRICT NO. 2
By:
Name:
Title:
Date:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on , 2008, by
of Siena Municipal Utility District No. 1, on behalf of
the District.
(Seal)
339478-2 11/17/2008
Notary Public Signature
4
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on , 2008, by
of Siena Municipal Utility District No. 2, on behalf of
the District.
(Seal)
Notary Public Signature
5
339478-2 11/17/2008