R-86-917 - 9/25/1986WHEREAS, The City of Round Rock and the Meadows at Cncaod 1 =r
Creek Venture ( "Meadows ") entered into an "Agreement Concerning
Regional Detention Facilities" on September 26, 1985; and
WHEREAS, the parties thereto now desire to amend soid
agreement to provide for an immediate cash payment. in ii - :!r) of
staggered payments by Meadows as provided in the agreement..
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS THAT
The Mayor be and is hereby authorized and directed to
execute an addendum to agreement concerning regional detention
Facilities, a copy of said addendum being attached hereto and
incorporated herein for all purposes.
RESOLVED this 25th day of September, 1986.
ATTEST:
nne Land, City Secretary
DLW /jmb
Multi -mate Program
Titled: RegDet
Typed: 9/23/86
Disk: Resolutions
RESOLUTION NO. (?/
Mike Robinson, Mayor
City of Round Rock, Texas.
Richard A. Wells
Ed Walsh
Ferris F. (Rick) Akins
R. Mark Dietz
Mr. Don Wolf
City Attorney
City of Round Rock
214 East Main
Round Rock, Texas 78664
Dear Don:
RA:sb
6RA814 :RA3f1
Enclosures
cc: Mr. Jim Nuse
Director of Public Works
City of Round Rock
214 East Main
Round Rock, Texas 78664
LAW OFFICES
WELLS, WALSH & AKINS
A Professional Corporation
ONE FINANCIAL CENTRE, SUITE 301
1717 NORTH W 35
ROUND ROCK, TEXAS 78664
TELEPHONE (512) 2A4 -1412
September 3, 1986
Jane McAdams
Legal Assistant
Pursuant to a request from Jim Nuse, enclosed are copies of
Agreement Concerning Regional Detention Facilities and Addendum
to Agreement Concerning Regional Detention Facilities.
If anything further is needed, please call.
Sincerely,
Rick Akins
Ms. Marianne Niven
Nash Phillips /Copus, Inc.
4412 Spicewood Springs, Bldg. I -701
Austin, Texas 78759
c- mccrdf
AGREEMENT CONCERNING REGIONAL DETENTION FACILITIES
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
WHEREAS, The Meadows at Chandler Creek Venture
( "Meadows "), is the developer of that project known as The
Meadows at Chandler Creek; and
WHEREAS, said subdivision is located within The Meadows
at Chandler Creek Municipal Utility District ( "District "), a
political subdivision created by order of the Texas Water
Commission on May 14, 1985; and
WHEREAS, the district is immediately adjacent to the
city limits of the City of Round Rock, Texas ( "City); and
WHEREAS, City consented to the creation of the
District; and
WHEREAS, in that consent agreement NPC agreed to
subject its development of the project to the City storm
water detention ordinances; and
WHEREAS, City has developed a program of regional storm
order detention in lieu of on site detention in the Chandler
Creek Basin, which program is more fully described below;
and
WHEREAS, City has requested that Meadows pay funds to
the City so that the City may provide regional storm water
detention facilities; and
WHEREAS, Meadows desires to cooperate with City in a
system of regional storm water detention in lieu of on site
detention within the project; and
WHEREAS, Meadows is agreeable to paying to the City its
prorata share of said regional facilities all as provided
below; and
WHEREAS, Meadows has previously posted a letter of
credit guaranteeing its obligation to pay for its prorata
share of said regional facilities for its project known as
The Meadows at Chandler Creek; and
WHEREAS, Meadows now desires to deposit cash funds in
an interest bearing account in lieu of said letter of
credit;
NOW THEREFORE, the parties hereto agree as follows:
1. All sections of The Meadows at Chandler Creek
commonly known as Phase I have provided on site detention
and therefore are not included in this agreement for
purposes of determining payment for regional detention
facilities. Further, no payments will be made for acreage
to be used as parkland or greenbelt in any section of the
project. Phase I includes the following sections of the
project: (a) Section One -A; (b) Section One -B; (c) Section
Four; (d) Section Six; (e) 4.2 acre Commercial Tract; (f)
13.0 Multifamily Tract; and (g) 1.7 acre Commercial Tract.
2. All other detention required for all remaining
sections of The Meadows at Chandler Creek will be provided
by the City through regional detention facilities. Such
facilities shall be as described on Exhibit "A" attached
hereto and incorporated herein by reference.
3. Meadows agrees to pay to the City the total sum of
$278,000.00 as payment for its prorata share of regional
detention facilities to service The Meadows at Chandler
Creek. Such amount is to be deposited immediately upon
execution of this agreement by the City into an interest
bearing account at a financial institution of City's choice
in Round Rock, Texas. Said account shall be in the name of
Meadows; however, City shall be entitled to draw on said
funds at the time construction plans are approved and signed
by the Director of Public Works of the City for each section
of the project. Under no conditions will City draw all
funds in a lump sum and will not be authorized to draw on
such funds except as described below.
4. The drawing of said funds shall be prorata based
upon the acreage in each section being approved and the land
uses of each such section. City shall be authorized to draw
said funds based upon the following schedule:
a. $800 per acre for single family and duplexes (any
density of zero to ten units per acre);
b. $1,600 per acre for multi - family and other high
density residential usages (above ten units
per acre);
c. $2,400 per acre for commercial, office and
industrial use.
5. These funds may be withdrawn only upon written
authorization by the City pursuant to the terms of this
agreement: however, all interest proceeds of such account
shall be the property of Meadows.
6. Funds deposited pursuant to this agreement shall
serve as full and complete compliance with the storm water
detention requirements of the City pursuant to the City
ordinance. Meadows shall not be required to make any
further payments or do any further act to comply with said
requirements and obtain approval of the plats within the
project; however, it is understood that the above figure of
$278,000.00 is based upon current land uses. If uses
change, the amount will be adjusted upward or downward and
additional funds will be deposited by Meadows if necessary.
Any excess funds upon final construction plan approval for
all sections will be released to Meadows.
7. City agrees that the depositing of these funds
shall extinguish any further obligation of Meadows to
provide detention for all sections of the project covered by
this agreement. City agrees to proceed diligently to
provide any required offsite detention necessary for each
section as payments are made. Further, City agrees to
indemnify and hold Meadows harmless from any claims or
causes of action that may arise, directly or indirectly,
because of City's failure to provide adequate detention
facilities pursuant to the payments made under this
agreement.
8. Upon exection of this agreement by both parties and
the depositing of the funds as described above, City agrees
to immediately return to Meadows its letter of credit
previously posted with the City to guaranteee Meadow's
obligation to participate in such regional detention
facilities. Such letter of credit shall be returned within
two business days after deposit of the funds described
above.
9. The regional detention facilities planned and
contemplated by this agreement have been initiated and
instituted by the City as means of providing better deten-
tion for the entire Chandler Creek Basin. At the request of
the City, Meadows has agreed to make payments for such
regional detention in lieu of providing on site detention.
City agrees that the detention facilities that are con-
structed on a regaional basis will provide detention for The
Meadows at Chandler Creek at least equal to that detention
that would normally be provided on site pursuant to City
ordinance. City further agrees that it will assume full
responsibility for providing adequate detention facilities
for this project upon the payment described in paragraph 3
above, and that such improvements will be made by City in a
timely fashion.
10. Construction plans for Sections Two and Three of
The Meadows of Chandler Creek have already been approved,
with the letter of credit described above acting as secruity
for Meadow's agreement to provide funds for regional deten-
tion. Upon execution of the agreement and the depositing of
funds, City shall be authorized to withdraw the appropriate
amount of funds to provide detention of Sections Two and
Three.
11. Pursuant to Section 311.45 (1) of the Rules of the
Texas Department of Water Resources, this agreement is
subject to approval by the Board of Directors of The Meadows
at Chandler Creek Municipal Utility District.
12. Any notices required of either Meadows or City
shall be given by Certified Mail, Return Receipt Requested,
addressed to the parties as stated below, which notices
shall be effective two business days following mailing:
The Meadows at Chandler Creek Venture
4412 Spicewood Springs Road
Building I -701
Austin, Texas 78759
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
13. This contract shall be construed under and in
accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable
in Williamson County, Texas.
14. Should any litigation be commenced between, the
parties hereto concerning this agreement, the party pre-
vailing in such litigation shall be entitled in addition to
such other relief as may be granted, to a reasonable sum as
and for attorney's fees and costs.
15. This contract shall be binding upon and inure to
the benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by
this agreement.
16. In case any one or more of the provisions con-
tained in this agreeement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect
any other provision hereof, and this contract shall be
construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
17. This contract constitutes the sole and only
agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the
parties respecting the within subject matter.
ATTEST:.
EXECUTED this P rN day
nne Land
' Secretary
EXECUTED this
of ,
CITY OF ROUND ROCK
day of , 1985.
MEADOWS AT CHANDLER CREEK
VENTURE
BY NASH PHILLIPS /COPUS, INC.,
MANAGING VENTURER
r
BY
Mike Robinson
Mayor
Bill Bul och
Vice President/
Land Management
1985.
Q��
EXHIBIT "A"
ORDINANCE NO.
Pos.E
AN ORDINANCE AMENDING CHAPTER 3, SECTION II: STORMWATER
DRAINAGE POLICY AND CHAPTER 3, SECTION 9: FLOOD DAMAGE
PREVENTION REGULATIONS, CODE OF ORDINANCES, CITY OF
ROUND ROCK, TEXAS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS,
I.
That the Stormwater Drainage Policy, Chapter 3, Section
II, A.(4), is hereby amended by substituting for (c) and (d)
the following:
(c) Certified engineering data and calculations are
presented which fully describe, explain and
justify recommended alternatives.
(d) Requests for participation in Regional Ponding
will be accepted if the subject tract meets the
following conditions as they apply:
(i) The proposed development will not result in
additional identifiable adverse flooding of
other property.
(ii)A comprehensive engineering report is
submitted with all participation requests.
This report should address the following as
they apply.
(a) If the property is suspected of being
located in an area of the watershed where
ponding would have an identifiable
adverse effect on downstream or adjacent
property, a spatial series of hydrographs
must demonstrate that releasing the
developed flows without ponding would
prove advantageous.
(b) If no direct access to a main watercourse
is available and the outflows from the
property will eventually confluence at a
point satisfying 2a above. An analysis
of the secondary drainage system must
also be submitted. The secondary
drainage system is defined as any gutter,
storm sewer, minor channel, or other
similar intermediate drainage facility.
(c) If the subject tract does not satisfy the
conditions of 2a, it must have access to
a designated regional pond. The engineer
must submit a report addressing the
conveyance capabilities of the secondary
drainage system as mentioned in 2b. If
the pond is either under construction or
proposed for construction, the City
Engineer will make a determination of the
applicant's participation ability. The
criteria for this participation will be
based on existing sensitivity in the
watershed, as presented in the
engineering application report. If
participation is denied due to a lack of
available facilities, provisions can be
made for temporary ponding within the
applicant's tract, with the intention of
their removal as soon as regional
facitlities are made available.
(iii)Participation fees will be based upon proposed
land use. The fees are as follows:
$800.00 /acre Single Family
$1,600.00 /acre Multi Family
$2,400.00 /acre Commercial /Industrial
(aa) Adjustment to these fees will be
allowed at the discretion of the City
Engineer, if it is determined that
certain impervious coverage
restrictions (e.g. special watershed
ordinances), reduce the actual land
use. However, the minimum fee
regardless of any land use
restrictions, shall not be less than
$800.00 /acre.
(bb) Upon approval of participation, the
full participation fee will be due
prior to approval of construction
plans.
Waiver of this requirement for any reason shall
not relieve the owner of responsibility under
civil law to adjacent and downstream property
owners.
II.
That Chapter 3, Section 9.0 (f), Code of Ordinances,
City of Round Rock, Texas is hereby amended to read as
follows:
(f) All development establishing impervious cover or
otherwise modifying an existing site shall
incorporate facilities to prevent any increase in
the peak rate of runoff from a 25 year frequency
storm. Impervious cover is defined as a man made
or constructed coverage of the natural ground
surface with roofs, parking lots, streets,
drives, etc. The City Engineer shall be
authorized to waive this requirement under one or
more of the following circumstances:
(i) Approved off -site storage is provided for
the required regulation of peak flows.
(ii) Construction of a single or two - family
residential structure on any legally platted
lot creates no more impervious ground cover
than 30% of the gross lot surface area.
(iii) Certified engineering data and calculations
are presented which fully describe, explain
and justify recommended alternatives.
(iv) Requests for participation in Regional
Ponding will be accepted if the subject
tract meets the following conditions as they
apply:
(aa) The proposed development will not
result in additional identifiable
adverse flooding of other property.
(bb) A comprehensive engineering report is
submitted with all participation
requests. This report should address
the following as they apply:
(1) If the property is suspected of
being located in an area of the
watershed where ponding would have
an identifiable adverse effect on
downstream or adjacent property, a
spatial series of hydrographs must
demonstrate that releasing the
developed flows without ponding
would prove advantageous.
(2) If no direct access to a main
watercourse is available and the
outflows from the property will
eventually confluence at a point
satisfying 2a above. An analysis
of the secondary drainage system
must also be submitted. The
secondary drainage system is
defined as any gutter, storm
sewer, minor channel, or other
similar intermediate drainage
facility.
(3) If the subject tract does not
satisfy the conditions of 2a, it
must have access to a designated
regional pond. The engineer must
submit a report addressing the
conveyance capabilities of the
secondary drainage system as
mentioned in 2b. If the pond is
either under construction or
proposed for construction, the
City Engineer will make a
determination of the applicant's
participation ability. The
criteria for this participation
will be based on existing
sensitivity in the watershed, as
presented in the engineering
application report. If
participation is denied due to a
lack of available facilities,
provisions can be made for
temporary ponding within the
applicant's tract, with the
intention of their removal as soon
as regional facilities are made
available.
(cc) Participation fees will be based upon
proposed land use. The fees are as
follows:
$800.00 /acre Single Family
$1,600.00 /acre Multi Family
$2, 400.00 /acre..Commercial /Industrial
1. Adjustment to these fees will be
allowed at the discretion of the
City Engineer, if it is determined
that certain impervious coverage
restrictions (e.g. special
watershed ordinances), reduce the
actual land use. However, the
minimum fee regardless of any land
use restrictions, shall not be less
than $800.00 /acre.
2. Upon approval of participation, the
full participation fee will be due
prior to approval of construction
plans.
Waiver of this requirement for any reason
shall not relieve the owner of responsibility
under civil law to adjacent and downstream
property owners.
of
III.
A. All ordinances, parts of ordinances, or resolutions
in conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
READ and APPROVED on first reading this the eri7 day
ATTEST:
JOANNE LAND, City Secretary
, 1985.
READ, APPROVED and ADOPTED on second reading this the
day of , 1985.
MIRE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
ADDENDUM TO AGREEMENT CONCERNING
REGIONAL DETENTION FACILITIES
X
COUNTY OF WILLIAMSON X
WHEREAS, The Meadows Venture ( "Meadows ") and the City of Round
Rock ( "City ") entered into "Agreement Concerning Regional Detention
Facilities" on September 26, 1985; and
WHEREAS, the parties thereto now desire to amend said
Agreement to provide for an immediate cash payment in lieu of
staggered payments by Meadows as provided in the Agreement;
NOW, THEREFORE, the parties hereto agree to amend Paragraphs
3, 4, 5 and 6 of the Agreement as follows:
(1) The funds previously deposited by Meadows, to the extent
of $225,000.00, shall be immediately drawn on by City.
(2) The balance of the funds on deposit by Meadows, being in
the amount of $53,000.00, together with accrued interest from the
date of deposit as provided in the Agreement shall be returned to
Meadows within five (5) days of the execution of this Addendum by
Meadows and City.
(3) This amount of $225,000.00 is full and complete payment
by Meadows pursuant to the Agreement and will serve as full and
complete compliance with the storm water detention requirements of
the City pursuant to City ordinance. No further payments of any
kind will be required by Meadows for such detention for the
applicable sections provided in the Agreement and no adjustments of
such amount, either up or down, will be made for any reason.
(4) Pursuant to Section 311.45 (1) of the Rules of the Texas
Department of Water Resources, this agreement is subject to
approval by the Board of Directors of The Meadows at Chandler Creek
Municipal Utility District.
(5) Except as amended hereby, said Agreement shall remain in
full force and effect and shall be binding upon the successors and
assigns of the parties hereto.
6RA237:RA8f1 -1-
Attest:
r nne Land, ity Secretary
Attest{
EXECUTED this ?a mot day of (g ttet &/.-- , 1986.
EXECUTED this day of
n H. Pratt, Secretary
By:
By:
By: I
By:
6RA237:RA8f1 -2-
THE MEADOWS VENTURE
By: NASH PHILLIPS /COP , INC.,
Jack
Presi
VENTURER
VENTURER
By: Atlas Realty Compa
, Ex= ut ve Vice
W. G. Orr, Vice President
, 1986.
CITY OF ROUND ROCK, TEXAS
Mi a Robinson, Mayor
Agreement and Addendum approved this /4- day of
/04,44.4.^..) , 1986.
THE MEADOWS AT CHANDLER CREEK
MU13SCIP UTILITY DISTRICT
Raymon. Gill, Jr., Pres
Board o lirectors
RECEIVED MAR 1987
WARRANTY DEED 01\1
f�
The Meadows Venture, a Texas Joint Venture, composed of Nash
Phillips /Copus, inc., a Texas corporation, acting herein by and
through its duly authorized officer, Jack Davis, Executive Vice
President, and Atlas Realty Company, a Texas corporation, acting
herein by and through its duly authorized officer, Bill Orr, Vice
President, hereinafter called GRANTOR, for the consideration
hereinafter stated, does DEDICATE, GRANT, SELL and CONVEY unto The
City of Round Rock, Texas, a municipal' corporation, hereinafter
called GRANTEE, the following described real estate, together with
all improvements thereon, situated in Williamson County, Texas,
to -wit:
BEING Lot Twenty -One (21), Block "N," THE
MEADOWS AT CHANDLER CREEK, Section Four, a
subdivision located in Williamson County,
Texas, according to the map or plat of record
in Cabinet "G," Slides 187 -189, Plat Records
of Williamson County, Texas.
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the GRANTEE, GRANTEE'S successors and
assigns, forever.
And GRANTOR does hereby bind GRANTOR, GRANTOR'S successors and
assigns, to WARRANT AND FOREVER DEFEND, all and singular, the said
premises unto the said GRANTEE, GRANTEE'S successors and assigns,
against every person whomsoever lawfully claiming, or to claim the
same, or any part thereof, subject however, to all restrictions,
easements and mineral reservations, if any, which are of record
applicable to the property hereby conveyed.
The consideration for this conveyance, receipt of which is
hereby acknowledged, is as follows:
(1) $10.00 and other valuable consideration paid to
GRANTOR for which no lien either expressed or implied is
retained.
Grantee's Mailing Address: The City of Round Rock
214 East Main
Round Rock, Texas 78664
EXECUTED this L1 —b day of ALIbuc ;+ , 1986.
THE MEADOWS VENTURE
BY: Nash Phillips /Copus, In
By:
Jack
Pres
6RA494:RA16f1 -1-
VENTURER
BY: Atlas Realty Com
VENTURER
is, Executive Vice
t
By:
k/G. a±ti Orr aVice President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
This .' nstrument was acknowledged before me on the / /,L/.
day of 1986, by Jack Davis, Executive vice
President of Nash Phillips /Copus, Inc., a Texas corporation, on
behalf of said corporation.
THE STATE OF TEXAS
6RA494:RA16f1
§
Notax'y Public - State of Texas
J�Lc 4//0) ,i)h5
Printed Name
Commission expires ( 1-
Printed Name
Commission expires
RECEIVED i1AR 3 1`7
COUNTY OF WILLIAMSON §
This instrument was acknowa dged before me on the 01/ day
of Pit, f t , 1986, by ` Orr&Vice President, of Atlas
Realty company, a Texas corporation, on behalf of said corporation.
( . 06
0a
Patti R. Porter Notary Public - State of Texas
Notary Public in and for the State of Texas
My Commission Expires I p 010 at I O IC