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R-86-818 - 1/23/1986 RESOLUTION N0. .__jUk WHEREAS, the Meadows at Chandler Creek is a Municipal Utility District located near the City of Round Rock; and WHEREAS, the Meadows at Chandler Creek Municipal Utility District wishes to contract for fire protection from the City of Round Rock; and WHEREAS, the Meadows at Chandler Creek Municipal Utility District has submitted the necessary documents for consideration, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor be and is hereby authorized to execute on behalf of the City of Round Rock a contract with the Meadows at Chandler Creek Municipal Utility District, a copy of which is attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of January, 1986. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: 4JN LA IND 0, 4C ity S0bjc'r/e;ia WHEREAS, the Meadows at Chandler Creek is a Municipal Utility District located near the City of Round Rock; and WHEREAS, the Meadows at Chandler Creek Municipal Utility District wishes to contract for fire protection from the City of Round Rock; and WHEREAS, the Meadows at Chandler Creek Municipal Utility District has submitted the necessary documents for consideration, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor be and is hereby authorized to execute on behalf of the City of Round Rock a contract with the Meadows at Chandler Creek Municipal Utility District, a copy of which is attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of January, 1986. ATTEST: RESOLUTION NO. (J j ai(? MIKE ROBINSON, Mayor City of Round Rock, Texas • 2 /1j"s THE STATE OF TEXAS § § COUNTY OF TRAVIS § FIRE PROTECTION AGREEMENT NOW ALL MEN BY THESE PRESENTS This Agreement is hereby made and entered as of the day of , 1986, by and between the City of Round Rock, Williamson County, Texas, ( "City ") a home rule municipal corporation and The Meadows at Chandler Creek Municipal Utility District ( "District ") a district created pursuant to Article XVI, Section 59 of the Texas constitution and operating under the provisions of the Texas Water Code. WHEREAS, the District is a legally constituted political subdivision of. the State of Texas located in Williamson County, Texas, and more particularly described in Exhibit "A" hereto, which is located within the extraterritorial jurisdiction of the City, but is not within the current City limits of the City; and WHEREAS, the District desires to obtain the benefit of fire protection services of the City as though said District were located within the City limits of the City; and the City is agreeable to furnishing said fire protection services under the terms and for the consideration hereinafter expressed; and WHEREAS, local governments are encouraged and allowed to enter into cooperative agreements under the Interlocal Cooperation Act Article 4413(32c), V.A.T.S.; NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, the District and the City, each acting by and through its authorized representatives, agree as follows: Section 1. The City agrees to provide fire protection and fire fighting services to the District in the same manner and to the same extent as if the District were located within the City limits of the City, except as limited by the provisions of this Agreement. The term of. this Agreement shall be for the life of the District, as described in certain Consent Agreements between the City and the District. Section 2. For and in consideration of receiving fire protection and fire fighting services from the City, the District shall pay a fee as proposed in the consent agreement between the District and the City. Such considerations shall be paid as follows: a. For all single family residences, duplexes, and commercial users the rate shall be $9.00 per month for each metered unit serviced. b. For all multi - family users, the rate shall be the greater of $9.00 per month for each metered unit serviced or for each LUE as calculated pursuant to Chapter 10, Section 4.A (6)(a), Code of Ordinances, City of Round Rock. The City sahll perform all services necessary to collect said charges directly from the User, including the billing of Users and collection of charges. Such charges shall be included on the bill with the base rate charges for water and wastewater services. The first payment for each connection shall be due to the City on the first day of service after the fire plan is approved by the Texas Water Commission ( "Commission ") and the voters within the District, all as provided by Section 50.055, Texas Water Code. Should the first day of service be other than at the beginning of the month, the first payment shall be pro -rated based upon the 2/ number of days remaining in the month. Subsequent monthly : 2/1j payments shall be due by the 25th day of the month preceding the month for which the payment for services is made. Should such payment be more than five (5) days late, the City shall have the option to terminate the Agreement as to each such User upon fifteen (15) days written notice to the User. Section 3. The City shall provide the District the necessary number of engines, trucks, equipment and appropriate manpower to provide sufficient fire fighting services for the improvements and facilities from time to time located within the District according to the City's standard policies and specifications for similar service within the City's corporate limits. The City will use due diligence in providing fire protection and fire fighting services to the District and property within the District and all improvements therein. The City does not in any way assume to act as an insurer of the District covered under this Agreement or to pay for any damage that may occur as a result of fire, water, or explosion. District acknowledges and understands that it is not entitled to any greater fire protection than residents located within the City and that the City will not be held liable for any additional time required to respond to a fire alarm because the District is located outside the corporate limits of the City. It is understood and agreed that, in the performance of this Agreement, the City is engaging in a governmental, rather than a proprietary, function and that the City does not assume any greater responsibility in the performance of this Agreement than it would in providing fire protection services, as a normal governmental function without contract, to citizens and property within the City limits of the City. Section 4. Fire protection and fire fighting services to be provided by the City, as set forth herein, shall become effective ten (10) calendar days after receipt by the City of the written request of the District for the commencement of such services. Section 5. If for any reason any one or more paragraphs of this Agreement are held invalid, such holding shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its operations to the specific sections, sentences, clauses or parts of this Agreement held invalid, and the invalidity of any section, sentence, clause, or parts of. this Agreement in any one or more instances shall not affect or prejudice in any way the validity of this Agreement in any other instance. Section 6 Agreement is protection to available and such services, purposes and this agreement District: City: . It is understood that the sole purpose of this to provide the governmental service of fire an area where same would not otherwise be not to place the City in the business of selling and this Agreement shall be so construed, for all as between all parties, whether signatories to or not. Section 7. All written notices and /or be submitted to either party shall be sent addresses set forth below: payments required to to the addresses and Meadows at Chandler Creek Municipal Utilities District c /o Aqua and Associates, Inc. 10317 Lakecreek Parkway, Suite C -4 Austin, Texas 78750 cc: Rick Akins Wells, Walsh & Akins 1717 North IH 35, Suite 301 Round Rock, Texas 78664 City of Round Rock 214 E. Main Round Rock, Texas 78664 - 2 - • 2 /3 ATTEST: ATTEST: John - H. Pratt, Secretary oard of Directors BY:• - 3 - Its: EXECUTED this day of , 1985. THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT BY: � =_ �� <; •Cr LG R ymond Ai. Gill, Jr. President; Board of Directors CITY OF ROUND ROCK, a municipal corporation RECEIVED JAN 1 4 1988 DATE: SUBJECT: ITEM: January 21, 1986 Council Agenda, January 23, 1986 11H - Consider a resolution authorizing the Mayor to enter into a contract with the Meadows at Chandler Creek for fire protection. '4 The original agreement with the Meadows at Chandler Creek provided for fire service to the Meadows by the City of Round Rock for . a certain fee. This agreement is one of the steps that the MUD has to take to get approval from the Texas Water Commission. 2 /ljs FIRE PROTECTION AGREEMENT THE STATE OF TEXAS § § NOW ALL MEN BY THESE PRESENTS COUNTY OF TRAVIS § Th' : A greement is hereby made and entered as of the oc.ol day of /� � , 1986, by and between the City of Round Rock, W'piamso / ounty, Texas, ( "City ") a home rule municipal corporat on and The Meadows at Chandler Creek Municipal Utility District ( "District ") a district created pursuant to Article XVI, Section 59 of the Texas constitution and operating under the provisions of the Texas Water Code. WHEREAS, the District is a legally constituted political subdivision of the State of Texas located in Williamson County, Texas, and more particularly described in Exhibit "A" hereto, which is located within the extraterritorial jurisdiction of the City, but is not within the current City limits of the City; and WHEREAS, the District desires to obtain the benefit of fire protection services of the City as though said District were located within the City limits of the City; and the City is agreeable to furnishing said fire protection services under the terms and for the consideration hereinafter expressed; and WHEREAS, local governments are encouraged and allowed to enter into cooperative agreements ' under the Interlocal Cooperation Act Article 4413(32c), V.A.T.S.; NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, the District and the City, each acting by and through its authorized representatives, agree as follows: Section 1. The City agrees to provide fire protection and fire fighting services to the District in the same manner and to the same extent as if the District were located within the City limits of the City, except as limited by the provisions of this Agreement. The term of this Agreement shall be for the life of the District, as described in certain Consent Agreements between the City and the District. Section 2. For and in consideration of receiving fire protection and fire fighting ,services from the. City, the District shall pay a fee as proposed in the consent agreement between the District and the City. Such considerations shall be -'paid as follows: a. For all single family residences, duplexes, and commercial users the rate shall be $9.00 per month for each metered unit serviced. b. For all multi- family users, the rate shall be the greater of $9.00 per month for each metered unit serviced or for each LUE as calculated pursuant to Chapter 10, Section 4.A (6)(a), Code of Ordinances, City of Round Rock. The City- shall perform all services necessary to collect said charges directly from the User, including the billing of Users and collection of charges. Such charges shall be included on the bill with the base rate charges for water and wastewater services. The Fire Plan and Fire Protection Agreement shall be implemented after the approval of the Plan and Agreement by the Texas Water Commission ( "Commission ") and the voters within the District, all as provided by Section 50.055, Texas Water Code. Section 3. The City shall provide the District the necessary number of engines, trucks, equipment and appropriate manpower to provide sufficient fire fighting services for the improvements and facilities from time to time located within the District according to the City's standard policies '"and specifications for similar service within the Citv's corporate limits. The City :will, use due diligence in providing fire _protection and fire fighting services to the District and ,property within the District and all improvements therein. The City does not in any way assume to act as an insurer of the District covered under this Agreement or to pay for any damage that may occur as a result of fire, water, or explosion. District acknowledges and understands that it is not entitled to any greater fire protection than residents located within the City and that the City will not be held liable for any additional time required to respond to a fire alarm because the District is located outside the corporate limits of the City. It is understood and agreed that, in the performance of this Agreement, the City is engaging in a governmental, rather than a proprietary, function and that the City does not assume any greater responsibility in the performance of this Agreement than it would in providing fire protection services, as a normal governmental function without contract, to citizens and property within the City limits of the City: Section 4. If for any reason any one or more paragraphs of this Agreement are held invalid, such holding shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its operations to the specific sections, sentences, clauses or parts of this Agreement held invalid, and the invalidity of any section, sentence, clause, or parts of this Agreement in any one or more instances shall not affect or prejudice in any way the validity of this Agreement in any other instance. Section 5.. It is understood that the sole purpose of this Agreement, is to provide the governmental service of fire protection to an area where same would not otherwise be available and not to place the City in the business of selling such services, and this Agreement shall be so construed, for all purposes and as .between all parties, whether signatories to this agreement or not. ,Section 6. All written notices and /or payments required to be submitted to either party shall be sent to the addresses and addresses set forth below: District:' - City: Meadows at Chandler Creek Municipal Utilities District ° /o Aqua and Associates, Inc. 13740 Research Blvd., Bldg. L Austin, Texas 78750 cc: Rick Akins Wells, Walsh & Akins 1717 North IH 35, Suite 301 4 Round Rock, Texas 78664 `-'City of Round Rock 214 E. Main Round Rock, Texas 78664 - 2 - r 2/ljs ATTEST: ATTEST: EXECUTED this oZ day of Secretary oard of Directors n H. ratt, BY: BY:. THE NSEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT CITY OF ROUND ROCK, a municipal corporation - 3 - Its: 47/9)02 , 1986. mac Raymond Gill, Jr. President, Board of Director Richard A. Wells Ed Walsh Ferris F. (Rick) Akins R. Mark Dietz Amy K. Rosenberg Mr. Don Wolf City Attorney City of Round Rock 214 East Main Round Rock, Texas 78664 Dear Don: IAW OFFICES WELLS, WALSH & AKINS RECEJI /E0 np A Professional Corporation JAN 1 y • 1986 ONE FINANCIAL CENTRE, SUITE 301 O 1717 NORTH IH 35 ROUND ROCK, TEXAS 78664 TELEPHONE (512) 244 -1442 January 13, 1986 Jane McAdams Legal Assistant Enclosed please find a proposed contract to provide fire protection services between the Meadows at Chandler. Creek Municipal Utility District and the City of Round Rock. This contract should parallel with the language found in the original consent agreement between the City and the MUD. As you remember, the water code provides (Section 50.055 - enclosed) that the Water Commission must give its blessing to any fire plan before it may be implemented. The language of this contract is identical to that originally agreed to; however, it does provide that it will be effective only upon approval by the Texas Water Commission and the voters in the District, all as required by Section 50.055. Please review the contract and let me know if you have any comments or suggestions. If it is satisfactory, please have it placed on the agenda for the council's approval. Of course, it would only be effective at the time provided in the statute. Mr. Don Wolf January 10, 1986 Page Two Thank you for your attention to this matter. If you have any questions, please let me know. RA /km Enclosure cc: Ray Gill Tom Albin Marianne Niven Sincerely yours, (1 4L Rick Akins ' DISTRICTS Title 4 nic loss to the .067, § 1, :r Article XVI, rovide a water engineers have 'ding to other engineers of a of this code. t. v. Majors (Civ. ref. n.r.e. (c) of Const. Art. has power to de- .ion and reclama- ndebtedness and by tax does not 1 fee for ground - was not in viola - visions. Becken- ' Coastal Subsi- 1 558 S.W.2d 75. Protection Ass'n Counties Water ). 1 (App. 4 Dist. n.r.e. ie Harris County engthen a private 1 which has been without regard to s previously ap- f the bridge. Op. X12. ral agency, and nally authorized tually providing old users as the legislature, the tice of the sale: GENERAL LAW DISTRICTS • § 50.055 Title 4 ' (1) at least one time not less than 10 days before the date of sale in a newspaper of general circulation which is published in the county or counties in which the district is located; and (2) at least one time in one or more recognized financial publications of general circulation in the state as approved by the attorney general. (b) If a newspaper publication required by Subdivision (1), Subsection (a), of this section is not published in the county, then notice may be published in any newspaper of general circulation in such county. Added by Acts 1973, 63rd Leg., p. 615, ch. 262, § 1, eff. Aug. 27, 1973. A former § 50.053, District Office, was Notes of Decisions renumbered § 50.057 by Acts 1981, 67th Leg., p. 961, ch. 367, § 1. 1. In general Weekly newspaper with general circula- tion in county within the area covered by municipal utility district or water district may qualify as official legal publication for such district under Bond Procedures Act of 1981 ( Vernon's Ann.Civ.St. art. 717k -6) and §§ 51.4321, 63.1791, and 54.5121, and this section of this code provided that the provi- sions of Vernon's Ann.Civ.St. art. 29a, are strictly complied with. Op.Atty.Gen.1985, JM -268. Cross References Comparable provisions, Control and improvement districts, see § 61.4321. Fresh water supply districts, see § 53: 1791. Municipal utility districts, see § 54: 5121. Levee improvement districts, notice of bond sales under this section, see § 57.211. § 50.054. Records Each district covered by the provisions of Section 50.053 of this code shall preserve its minutes, contracts, records, notices, accounts, receipts, and records of all kinds or certified copies of all of these in a safe place in the district office located in the district. These minutes, contracts, records, notices, accounts, receipts, and other records are the property of the district and subject to public inspection. Added by Acts 1973, 63rd Leg., p. 617, ch. 263, § 1, eff. Aug. 27, 1973. Cross References Fresh water supply districts, see § 53: Comparable provisions, 091. Control and improvement districts, see § 51.0961. • § 50.055. Fire Departments (a) A district may establish, operate, and maintain a fire department to perform all fire - fighting activities within the district as provided in this section and may issue, with voter approval, bonds for financing the establishment of the fire department including the construction and purchase of necessary buildings, facilities, and equipment and the provision of an adequate water supply. (b) After approval of the district electors of a plan to operate or jointly operate a fire department, the district or districts shall provide an adequate system and water supply for fire - fighting purposes and may construct and purchase neces- sary buildings, facilities, and equipment and may employ all necessary personnel including supervisory personnel to operate the fire department. (c) Bonds issued for establishment of the fire department shall be authorized and issued, and a district shall be authorized to levy a tax to pay the principal of and interest on such bonds, as provided by law for authorization and issuance of other bonds of the district. (d) Two or more districts may contract to operate a joint fire department for their districts and shall include in the contract a system for joint administration and operation of the fire department, the extent of services to be provided, a 491 § 50.055 GENERAL LAW DISTRICTS Title 4 method for funding the department from funds of each district, and any other terms and conditions the parties consider necessary. (e) A district may contract with any other person to perform fire - fighting services within the district. (f)Before a district establishes a fire department, contracts to operate a joint fire department\gr contracts with another person to perform fire - fighting services within the district, the district with comply with the provisions of Subsections (g), (hLand ji),of this section. � — (g) A district or districts proposing to act jointly shall develop a detailed plan for the establishment, operation, and maintenance of the proposed department, including a detailed presentation of all financial requirements. If a district is entering into a contract under Subsection (e) of this section, the district shall develop a plan that describes in detail the facilities and equipment to be devoted to service to the district and all proposals for providing the service and that includes a presentation of the financial requirements under the contract. Before adoption of a plan and any contract by the district, the governing board of the district shall hold_a..he at which any person residing in the district may present testimony or an against the proposed plan and any proposed contract. Notice of the hearing and the place at which the plan and any contract may be examined shall be posted in two public places within the district at least 10 days before the date of the hearing. (h) After adoption of the plan and any contract by the governing board, the plan and financial presentation, together with any contract and a written report in a form prescribed by the executive director describing existing fire depart- ments and fire - fighting services available within 25 miles of the boundaries of the district, thall„be_5ubmittod ro_the.ementay&slirector for consideration by the commission under rules adopted by the board. B e approval or disapproval, the commission shall hold a hearing. Notice of the hearing before the commis- sion shall be posted by the governing board of the district in at least two public places in the district at least five days before the hearing. Before the commis- sion approves the application, it must find that it is economically feasible for the district to implement the plan and meet the provisions of any contract and shall take into consideration in giving its approval the general financial condition of the district and the economic feasibility of the district carrying out the plan or meeting the obligations of the contract. (i) After approval by the commission, the district shall submit to the electoso - the district at the election to approve bonds for financing the plan, or 1 no onds are to be approved, at an election called for approval of the plan, the proposition of whether or not the plan should be implemented or entered into by the district. The ballots at the election shall be printed, as applicable, to provide for voting for or against the proposition: "The implementation of the plan for (operation /joint operation) of a fire department "; or "The plan and contract to provide fire- fight- ing services for the district." (j) No funds of the district may be used to establish a fire department, to enter into joint operation of a fire department, or to contract for fire-fighting services without the approval of a plan by the electors as provided in this section. However, the district may use available funds for preparation of a plan and any contract. Added by Acts 1977, 65th Leg., p. 1404, ch. 568, § 1. Amended by Acts 1979, 66th Leg., p. 2185, ch. 834, § 2, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2067, ch. 457, § 2, eff. Aug. 31, 1981. • Section 2 of the 1977 Act provided: al amendments proposed in H.J.R. No. 42 of "This Act takes effect only on adoption the 65th Legislature." by the qualified electors of the constitution- HJ.R. No. 42 was approved by the voters in an election held November 7, 1978. 492 GENERAL LA Title 4 1979 Amendme sentence substitt for "commission scribed by the ", " sideration by the Sion for approval' ed 'the board" sentence, after "a plication" for "plt ed and the av equipment and fa of the district tha native source of the district ". 1981 Amendmei ", and a district s a tax to pay the p such bonds, ". Sections 1 and ; act provide: "Section 1. Thy confirm the intent thorize the levy, b organized under / Article XVI, Sectic tution, of a tax tc the principal of am pursuant to Sectio amended, to the s: to pay other bonds No substantive ma is intended." "Sec. 3. All ph contracts, bond iss proceedings adopt( delivered, or other taken prior to the and subsequent b Section 50.055, W are validated to t § 50.056. Prohi (a) In this sect to which water m sewer connection (b) Except as I improvement dis assessed valued( district is at leas which proposes tc of these services adopt and impose or fee on the un district on that pi (c) If the gover and impose a cha submit to the corn or fee. If the cot and property owr ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. December 28, 2006 Meadows at Chandler Creek Municipal Utilities District C/O Aqua and Associates, Inc 13740 Research Blvd., Building L Austin, Texas 78750 RE: Fire Plan and Fire Protection Agreement To Whom It May Concern: COPY RECD DEC 2 9 2006 The purpose of this letter is to inform you, as the listed representative of The Meadows at Chandler Creek Municipal Utility District, of a recent decision by the Williamson County Emergency Services District #9 (ESD) Board of Commissioners, that the Round Rock Fire Department will be (he fire protection provider in The Meadows at Chandler Creek under contract with the ESD. The effective date of the interlocal agreement between ESD #9 and the City of Round Rock has yet to be determined; however, to avoid paying the City and the ESD for fire protection after the effective date of the interlocal agreement, The Meadows at Chandler Creek Municipal Utility Services District should, as soon as practical, have a letter on file with the City Secretary, Christine Martinez, asking that the existing Fire Protection Agreement between the City of Round Rock and The Meadows at Chandler Creek Municipal Utility District, read, voted on, and passed by the Round Rock City Council on January 23, 1986, Resolution #818R, be declared invalid upon the effective date of the interlocal agreement between the City and the ESD. Your questions regarding the ESD should be addressed to Alan Forester, President, ESD #9, 3711 Laurel Bay Loop, Round Rock 78681. Best Regards, Larry ge Fire ief City of Round Rock Cc: Alan Forester, President, ESD #9, 3711 Laurel Bay Loop, Round Rock 78681 Rick Akins, Wells, Walsh &Akins, 1717 N. I -35, Suite 301, Round Rock 78664 Jim Nuse, P.E., City Manager David Kautz, CFO, City of Round Rock Stephan Sheets, City Attorney Christine Martinez, City Secretary H06 -62 ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY. December 28, 2006 Chandler Creek HOA c/o Alliance Association Management 115 Wild Basin Road, Suite 308 Austin, TX 78746 RECD JAN 0 3 2.007 y RE: Fire Plan and Fire Protection Agreement The purpose of this letter is to notify you, as the listed representative of The Meadows at Chandler Creek Home Owners Association, of a recent decision by the Williamson County Emergency Services District #9 (ESD) Board of Commissioners, that the Round Rock Fire Department will be the fire protection provider in The Meadows at Chandler Creek under contract with the ESD. The effective date of the interlocal agreement between ESD #9 and the City of Round Rock has yet to be determined; however, I have notified your MUD representatives by letter that in order for the residents of The Meadows at Chandler Creek to avoid paying the City and the ESD for fire protection after the effective date of the interlocal agreement, The Meadows at Chandler Creek Municipal Utility Services District should, as soon as practical, have a letter on file with the City Secretary, Christine Martinez, asking that the existing Fire Protection Agreement between the City of Round Rock and The Meadows at Chandler Creek Municipal Utility District, read, voted on, and passed by the Round Rock City Council on January 23, 1986, Resolution #818R, be declared invalid upon the effective date of the interlocal agreement between the City and the ESD. Currently, The Meadows at Chandler Creek residents are paying the City of Round Rock for fire protection pursuant to the existing contract and paying taxes to the ESD for fire protection. Your questions regarding a double payment for fire protection to the ESD should be addressed to Alan Forester, President, Williamson County Emergency Services No.9, 402A West Palm Valley Boulevard, Suite PMB371, Round Rock, Texas 78664. Best Regards, arry Ho Be'e Fire Chief City of Round Rock Cc: Ken Campbell, Burns, Anderson, Jury & Brenner L.L.P., P.O. Box 26300, Austin, Texas 78755 -6300 Jim Nuse, P.E., City Manager David Kautz, CFO, City of Round Rock Stephan Sheets, City Attorney Christine Martinez, City Secretary H06-64 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. December 29, 2006 Leslie Alger, President Williamson County MUD 9 3920 Grayling Lane Round Rock, Texas 78681 RE: Fire Plan and Fire Protection Agreement Best Regards, Larry j:dge Fire ief City of Round Rock Rk J PN 0 3 zoo? The purpose of this letter is to inform you, as President of Williamson County MUD 9, of a recent decision by the Williamson County Emergency Services District #9 (ESD) Board of Commissioners that the Sam Bass Volunteer Fire Department (Sam Bass) has been chosen as the primary provider for fire and first responder emergency medical responses in Vista Oaks. The ESD has asked the Round Rock Fire Department to respond with Sam Bass to structure fires in Vista Oaks under contract with the ESD. The effective date of the interlocal agreement between the ESD, Sam Bass and the City of Round Rock has yet to be determined; however, to avoid paying the City and the ESD for fire protection after the effective date of the interlocal agreement, Williamson County MUD 9 should, as soon as practical, have a letter on file with the City Secretary, Christine Martinez, asking that the existing Fire Protection Agreement between the City of Round Rock and Williamson County MUD 9 be declared invalid upon the effective date of the interlocal agreement between the City, Sam Bass and the ESD. Currently, MUD 9 residents are paying the City of Round Rock for fire protection pursuant to the existing contract read, passed, and adopted by the Round Rock City Council on January 22, 1987 (ordinance #2269) and paying taxes to the ESD for fire protection. Your questions regarding a double payment for fire protection to the ESD should be addressed to Alan Forester, President, Williamson County Emergency Services No.9, 402A West Palm Valley Boulevard, Suite PMB371, Round Rock, Texas 78664. x Cc: Michelle Kwan, Leonard Frost Levin & Marsh, 816 Congress Ave, Suite 1280, Austin, Texas 78701 Ken Campbell, Burns Anderson Jury & Brenner, L.L.P., P.O. Box 26300, Austin, Texas 78755 -6300 Jim Nuse, P.E., City Manager David Kautz, CFO, City of Round Rock Stephan Sheets, City Attorney Christine Martinez, City Secretary H06 -63