R-2014-1605 - 7/24/2014RESOLUTION NO. R-2014-1605
WHEREAS, by Resolution No. R-04-12-02-9131 (the "Original Resolution"), the City of
Round Rock ("City") entered into a Consent Agreement with Highlands at Mayfield Ranch, Ltd.,
regarding the creation of Highlands at Mayfield Ranch Municipal Utility District ("District'); and
WHEREAS, by Resolution No. R-10-04-08-100, the City confirmed its written consent to
the creation of the District; and
WHEREAS, the City Council now wishes to approve Amendment No. 1 to the aforesaid
Agreement to allow the Emergency Services District to provide fire protection services to the District,
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 Amendment
No. 1 to Consent Agreement Between City of Round Rock, Texas and Highlands at Mayfield Ranch,
Ltd for Highlands at Mayfield Ranch Municipal Utility District, a copy of same being attached hereto
as Exhibit "A" 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.
RESOLVED this 24th day of July, 2014.
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SARA L. WHITE, City Clerk
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City of Round Rock, Texas
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EXHIBIT
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AMENDMENT NO. 1 TO CONSENT AGREEMENT BETWEEN CITY OF
ROUND ROCK, TEXAS AND HIGHLANDS AT MAYFIELD RANCH, LTD.
FOR HIGHLANDS AT MAYFIELD RANCH MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
The City of Round Rock, Texas, a home rule city located in Williamson
County, Texas (the "C"), and The Highlands at Mayfield Ranch, Ltd., a Texas
limited partnership (the "Developer"), previously entered into a Consent Agreement
dated as of December 2, 2004 (the "Consent Agreement"), under which the City and the
Developer agreed to certain terms and conditions relating to the creation of Highlands
at Mayfield Ranch Municipal Utility District (the "District").
The Developer is now prepared to commence development within the District,
and the Developer and the City have agreed to certain modifications of the Consent
Agreement and desire to set forth those agreements in writing.
Therefore, -for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, the Developer and the City agree that the Consent Agreement
is amended as follows:
1. Deletion of Section s.o�. In order to allow the land within the District to
be included within the boundaries of an emergency services district that provides fire
protection services and imposes a tax in support of those services, Section 5.03 of the
Consent Agreement, "Fire Protection Services", is deleted and replaced with the
following: "Intentionally Deleted".
2. Amendment to Section 8.o1. Section 8.o1 of the Consent Agreement,
"Term", is amended to read as follows:
8.o1 Term. The term of this Agreement will continue until
December 31, 2027 (the "Initial Term"), unless sooner terminated under
other provisions of this Agreement or by written agreement of the City and
the Developer. Upon the expiration of the Initial Term, this Agreement
may be extended, at the Developer's request, with City Council approval
for up to two successive 15 -year periods.
3. Defined Terms. All terms delineated with initial capital letters in this
Amendment that are defined in the Consent Agreement have the same meanings in this
Amendment as in the Consent Agreement. Other terms have the meanings commonly
ascribed to them.
4. Effect of Amendment. Except as specifically provided in this Amendment,
the terms of the Consent Agreement continue to govern the rights and obligations of the
f W0549224.51 1
parties, and all terms of the Consent Agreement remain in full force and effect. If there
is any conflict or inconsistency between this Amendment and the Consent Agreement,
this Amendment will control and modify the Consent Agreement.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement
on the dates indicated below.
CITY OF ROUND ROCK
By:
Name: Alan McGraw
Title: Mayor
Date:
(W0549224.51
THE HIGHLANDS AT MAYFIELD RANCH,
LTD., a Texas limited partnership
By: BJM Mayfield Ranch, GP, Inc., a Texas
corporation, its General Partner
Blake J. Magee, President
Date:
W0549224.51