CM-08-06-175DATE: June 19, 2008
SUBJECT: City Manager- June 27, 2008
ITEM: Consider executing letter dated June 12, 2008 regarding Paloma
Lake MUD No. 1 and No. 2 that fire protection and emergency
services will not be required by the City.
Department: Legal
Staff Person: Steve Sheets
Justification:
The Paloma Lake MUD's Consent Agreements require the MUD to negotiate Fire
plans with the City. With the creation of the ESD this is no longer necessary or
appropriate. This letter acknowledges this fact.
Funding:
Cost:
Source of funds:
0.00
Outside Resources: N/A
Background Information:
Public Comment: N/A
UPDATED APRIL 2008
00140697
ARMBRUST & BROWN, L.L.P.
ATTORNEYS AND COUNSELORS
100 CONGRESS AVENUE, SUITE 1300
AUSTIN, TEXAS 78701-2744
512-435-2300
FACSIMILE 512-435-2360
SUE BROOKS LITTLEFIELD
(512) 435-2307
slittlefield@abaustin.com
June 12, 2008
Steve Sheets
Sheets and Crossfield
309 E. Main Street
Round Rock, Texas 78664-5264
06-16-08R03:13 RCVD
Re: Paloma Lake Municipal Utility District No. 1, Paloma Lake Municipal Utility
District No. 2 and Highlands at Mayfield Ranch Municipal Utility District
(collectively, "the Districts")
Dear Mr. Sheets:
As you know, Section 7.03 of the "Consent Agreement between the City of Round Rock,
Texas and Blake Magee Investments, L.P. for Paloma Lake Municipal Utility District No. 1 and
Paloma Lake Municipal Utility District No. 2"and Section 5.03 of the "Consent Agreement
between the City of Round Rock, Texas and Highlands at Mayfield Ranch, Ltd. for Highlands at
Mayfield Ranch Municipal Utility District" (collectively, the "Consent Agreements") provide
that the developers within the Districts will negotiate fire plans with the City of Round Rock (the
"City") under which the Districts would receive fire protection and emergency services from the
City.
As we have discussed, since the effective dates of the Consent Agreements, an
emergency services district ("ESD") has been created which includes all of the land within the
Districts. Accordingly, fire protection and emergency services will be provided by the ESD, and
the negotiation of fire protection services agreements between the City and the Districts is no
longer necessary. Although you have confirmed this orally, the Districts would like to have a
written confirmation for their files. Accordingly, please have an authorized representative sign
and return the enclosed copy of this letter to me to confirm (i) the City's agreement that
negotiation of a fire plan between each of the Districts and the City and presentation of a fire
plan to each of the Districts will not be required by the City the Consent Agreement, and (ii) the
City's agreement that no formal amendment to the Consent Agreements will be required to
evidence the City's waiver of the related provision of the Consent Agreements.
317766-2 06/12/2008
Cti4- o (3- ou - S
Sincerely,
ARMBRUST & BROWN, L.L.P.
By:
ACCEPTED AND AGREED TO BY:
City of Round Rock, Texas
By: �!\
N. - : acnes R. lAus�
Title: N\o_r.a Je r
Date: C9 ----1—D�
SBL\ct
cc: Blake Magee Co.
317766-2 06/12/2008
C)`"\—,a- oLo- iris
Sue Brooks Littlefield