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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.