Loading...
R-98-02-26-10D - 2/26/1998LAURA FLORES 435 -2376 Mr. Stephan Sheets Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main Street Round Rock, TX 78664 Enclosures cc: Mr. David Gray /031398 ARMBRUST BROWN & DAVIS, L.L.P. ATTOR NE 6S AND COUNSELORS 100 CONGRESS AVENUE. SUITE 1300 AUSTIN. 1-4042 (5129 435-2300 TE_ECOPIER (5121935-2360 March 13, 1998 RE: City of Round Rock and Fern Bluff M.U.D. Dear Mr. Sheets: Enclosed please find an executed original Letter of Agreement between the City of Round Rock and Fern Bluff Municipal Utility District. If you need anything further, please call. Yours truly, Laura Flores Legal Assistant to Sharlene Collins L9`�9 9990 LETTER OF AGREEMENT This Letter of Agreement is entered into this the a 10 day of Ft ZL.L.A R y 1998 by and between City of Round Rock ( "City "), a municipality located in Williamson County, Texas and Fern Bluff Municipal Utility District ( "District "), a municipal utility district located in Williamson County, Texas to set forth the parties' agreement regarding regional detention facilities. 23850.1/021198 The City and the District agree as follows: The parties understand and acknowledge that City requires all development which establishes impervious cover to incorporate facilities to prevent any increase in the peak rate of runoff from a 25 -year frequency storm. The parties further understand and acknowledge that the City may allow development to participate in regional stormwater management facilities established by the City in lieu of constructing on- site detention facilities. 2. The City agrees that property owners which develop within the boundaries of the District may participate in funding of City regional facilities in lieu of construction of on -site detention facilities. The District agrees that the right of property owners within the District to participate in the funding of such regional facilities shall be in accordance with the City's Stormwater Drainage Policy and shall be subject to the property owner's payment of applicable City fees for such participation. The City agrees that the District shall have the right to capacity in such regional facilities for the developed property upon payment of applicable fees by the property owner. The City agrees that the District may from time to time issue bonds to reimburse property owners for the payment of such fees in lieu of construction and acquisition of on -site detention facilities, in accordance with the requirements of 30 TAC 293.53. ENTERED INTO this the a 0 day of FE62f-t R ■-) , 1998. CITY OF ROUND ROCK By: `l� // Name: CA - Title: NOR - FERN BLUFF MUNICIPAL UTILITY DISTRICT By: 23850.1/031198 2 Michael Hines, Vice- President Board of Directors RESOLUTION NO. R- 98- 02- 26 -10D WHEREAS, the City of Round Rock ( "City ") and Fern Bluff Municipal Utility District ( "District ") desire to enter into an agreement for regional stormwater management, and WHEREAS, the City wishes to enter into an Letter of Agreement ( "Agreement ") with the District for regional stormwater management, 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 said Agreement, a copy of same being attached hereto 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, and the Act. RESOLVED this 26th day of February, 1998. ATTEST: II4 AIL! . .AL-0 K:\ WPDOCS \RSSDLUTI \RS80226D.WPD /ecg LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas 23850.1/021198 LETTER OF AGREEMENT This Letter of Agreement is entered into this the °Ur day of F.F..i3o2Lie929 1998 by and between City of Round Rock ( "City "), a municipality located in Williamson County, Texas and Fern Bluff Municipal Utility District ( "District "), a municipal utility district located in Williamson County, Texas to set forth the parties' agreement regarding regional detention facilities. The City and the District agree as follows: 1. The parties understand and acknowledge that City requires all development which establishes impervious cover to incorporate facilities to prevent any increase in the peak rate of runoff from a 25 -year frequency storm. The parties further understand and acknowledge that the City may allow development to participate in regional stormwater management facilities established by the City in lieu of constructing on- site detention facilities. 2. The City agrees that property owners which develop within the boundaries of the District may participate in funding of City regional facilities in lieu of construction of on -site detention facilities. The District agrees that the right of property owners within the District to participate in the funding of such regional facilities shall be in accordance with the City's Stormwater Drainage Policy and shall be subject to the property owner's payment of applicable City fees for such participation. The City agrees that the District shall have the right to capacity in such regional facilities for the developed property upon payment of applicable fees by the property owner. The City agrees that the District may from time to time issue bonds to reimburse property owners for the payment of such fees in lieu of construction and acquisition of on -site detention facilities, in accordance with the requirements of 30 TAC 293.53. ENTERED INTO this the are day of FEaeupay , 1998. CITY OF ROUND ROCK By:; JL Name: 'L H _PEPPB,e. Title: /Y)Ayae, 23850.1/021198 FERN BLUFF MUNICIPAL UTILITY DISTRICT By: 2 Jean I. Cochran, President Board of Directors DATE: February 18, 1998 SUBJECT: City Council Meeting, February 26, 1998 ITEM: 10D. Consider a resolution authorizing the Mayor to execute an agreement with Fern Bluff Municipal Utility District for Regional Stormwater Management. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Attached is a letter of agreement between Fern Bluff MUD and the City of Round Rock for Regional Stormwater Management. The agreement allows the MUD to request reimbursement for expenditures to the City's regional program.