CM-08-08-214Mayor
Alan McGraw
Mayor Pro -tem
Joe Clifford
Councilmembers
Rufus Honeycutt
George White
Carlos T. Salinas
Scott Rhode
Kris Whitfield
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
August 12, 2008
NNP-Teravista, L.P.
P.O. Box 1268
Round Rock, Texas 78680-1268
Re: "HEC Line" Capacity Purchase - Memorandum of Agreement (the "HEC
Line Agreement"
Gentlemen:
As you know, the City of Round Rock (the "Cz '
("Newland") on behalf of Williamson County tt )and NNP-Teravista, L.P.
District" Municipal Utility District No. 11 (the
), entered into the HEC Line Agreement as of April 28, 2004. Under the
HEC Line Agreement, Newland paid the City the sum of $1,500,000 for 1,588 LUEs
of capacity in the HEC Line to serve development within the District. It has come to
the City's attention that the City's 2004 wastewater impact fee includes a component
allocable to the HEC Line. We understand that your consultant has reviewed the
2004 Update of the City's Impact Fees and calculated an amount that you believe
was paid in error and for which you are now seeking reimbursement. Using the
values given to the HEC Line in the 2004 Update of the City's Impact Fees, your
consultant determined that $23.24 of the wastewater impact fee is attributable to the
HEC line. We agree with your consultant's determination regarding the amount of
the overpayment and that this component of the City's wastewater impact fee was
assessed in error. This letter will confirm that, to rectify the error, the City will
reimburse Newland the sum of $36,905.
This letter will also confirm that the full duly adopted wastewater impact fees will
be assessed against future development within the District.
y,
s R. Nuse, P.E.
anager
cc:
Michael Thane, Utility Director
Cindy Demers, Finance Director
00143923.doc/ss
C.Nt-or-ot Zpi
CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street • Round Rock, Texas 78664
Phone 512.218.54ot • Fax 512.218.7097 • www.roundrocktexas.gov
DATE: August 12, 2008
SUBJECT: City Manager Approval - August 15, 2008
ITEM: Consider city manager approval
for overpayment of the City's wastewater impact nt to Newland
to the HEC Line Agreement. p fee attributable
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, P.E., Director of Utilities
Justification:
This resolution authorizes the City to reimburse Newland for the overpayment of
the City's wastewater impact fee in regards to the HEC Line, also known as the
Avery Farms Interceptor. Newland paid the City a sum of $1,500,000 for 1,588
LUEs of capacity in the HEC Line to serve development within the district.
Newland's consultant reviewed the 2004 Update of the City's Impact Fees and
revealed that the update includes a component allocable to the HEC Line.
The consultant completed calculations using the values included in the 2004
Update and determined that $23.24 of the wastewater impact fee
is
attributable to the HEC line. Therefore, a credit against the full wastewater
impact fee is being provided to Newland for 1,588 LUEs.
Funding:
Cost: $36,905
Source of funds: Impact Fee Fund
Outside Resources: NNP-Teravista, L.P. (Newland)
Back around Information:
The original HEC Line Agreement was entered into on April 28, 2004. Newland
paid the City $1,500,000 for 1,588 LUEs of capacity in the HEC Line. U an
providing this impact fee credit,wp
nue to
wastewater impact fees for future development t.
ct.ment within the distri pay the full
Public Comment: N/A