R-98-09-10-10A3 - 9/10/1998provides that new development shall either (1) incorporate
facilities to provide required flood protection or (2) participate
in the City's Regional Ponding program by paying the required fees,
and
TEXAS,
RESOLUTION NO. R- 98 -09- 10 -10A3
WHEREAS, § 3.1202, Code of Ordinances, City of Round Rock,
WHEREAS, Calloway Development Corporation, the developer of
the Rocking Horse Ranch Subdivision orginally paid the fees in the
amount of $43,200.00 to participate in the Regional Ponding
program, but has since decided to construct facilities on its
property which provide the necessary flood protection, and
WHEREAS, the Director of Public Works is recommending that
the aforesaid fees be refunded to Calloway Development Corporation,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the $43,200.00 in fees for the Regional Ponding program
previously paid by Calloway Development Corporation is hereby
authorized to be refunded to Calloway Development Corporation.
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.
K:\ WPDOCS \RESOLDTI \R60910A3.WPD /scg
ATTEST:
RESOLVED this 10th day of September, 1998.
E LAND, City Secretary
2
CHARLES CULPEF'P Mayor
City of Round Rock, Texas
CALLAWAY DEVELOPMENT CORPORATION
Robert W. Callaway
President
October 29, 1997
James R. Nuse, P.E.
Director
City of Round Rock
Public Works Department
2008 Enterprise
Round Rock, Texas 78664
RE: ROCKING HORSE RANCH APARTMENTS
REGIONAL DETENTION FEES
Dear Jim:
As I am sure you are aware, we are nearing completion of the initial phase of the Rocking Horse
Ranch Apartment development and look forward to opening our clubhouse and the first four
buildings within the next few days. In conjunction with our reaching this milestone, we would like
to take this opportunity to thank you and your staff for your efforts and attention over the past few
months.
Now that we are beginning to occupy the project, there are a couple outstanding issues concerning
our previous conversations that I would like to review with you at this time.
First, if you will remember back when we first started discussing the make up of the impact fees
required for development within the City, we had several conversations regarding the City's position
on use of the regional detention fees. It was our understanding that, because those particular fees
were to provide for the continued development of the City's overall storm drainage plans and our
project was being asked to provide an extensive and extremely expensive drainage system to handle
storm water flows generated off -site, the City would provide financial assistance for the construction
of this additional storm drainage channel up to an amount no greater than the amount of the
"Regional Detention Fee" charged to the project via impact fees. Because our cost for this work was
in excess of $120,000, we would like to request that the portion of our impact fees originally paid
into the City as "Regional Detention Fee" of $43,200 be refunded to help defray the added cost to
the project.
Second, with construction nearing completion of the City subdivision improvements, i.e., the bonded
work and oversized water mains, we would like to review the process for requesting the refund of
our surety deposit and refund for the oversized City water main along Palm Valley Blvd.
1250 N.E. Loop 410 • Suite 800 • San Antonio, Texas 78209 • 210 -822 -0200 • Fax 210 - 820 -3361
James R Huse, P.E.
October 29, 1997
RE: Rocking Horse Ranch Apartments
Page 2
I would like to thank you in advance for your consideration to these most important issues. If you
would like to discuss these or any other matters fiather, I would be available at your convenience.
Sincerely,
Robert W. Callaway
RWC:so
97.233
DATE: September 4, 1998
SUBJECT: City Council Meeting - September 10, 1998
ITEM: 10.A.3. Consider a resolution authorizing the reimbursement of the regional
detention fee paid by Calloway Development Corporation for the
Rocking Horse Ranch Apartment Development This development
originally paid a regional detention fee of $43,200 but later decided to
construct on -site flood water conveyance facilities that also provide
benefits to the City. As a result it is appropriate to refund the regional
detention fee. Staff Resource Person: Jim Nuse, Public Works Director.