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R-06-02-09-10A1 - 2/9/2006an RESOLUTION NO. R -06-02-09-10A 1 WHEREAS, in December of 1978, the City of Round Rock entered into agreement with Westinghouse Electric Agreement") that that was located designated as an Corporation ("Westinghouse provided that certain property in the City's extraterritorial Industrial District, and WHEREAS, on June 30, 1982, and Georgetown Railroad Company, the Westinghouse property, and WHEREAS, thereafter, the City, TCS, and GRR entered into numerous agreements extending the Industrial District, and WHEREAS, the Westinghouse Agreement expired on December 31, 2005 in accordance with the terms of the Fifth Agreement Extending Industrial District, and WHEREAS, the City, TCS, and Memorandum of Understanding setting owned by Westinghouse jurisdiction would be Texas Crushed Stone Company ("TCS") Inc. ("GRR") purchased a portion of GRR now wish to enter into a forth their understandings with respect to the property previously Agreement, 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 a Memorandum of Understanding with Texas Crushed Stone Company and Georgetown Railroad Company, Inc., covered by the Westinghouse a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. @PFDEsktop\::0DMA/WORLDOX/0:/WDOX/RESOLUTI/R60209A1.WPD/so 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 9th day of February, 2006. A 1 EST: NY - â–º EL , Mayor City .f Round Rock, Texas CHRISTINE R. MARTINEZ, City Secrq ary 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROUND ROCK AND TEXAS CRUSHED STONE / GEORGETOWN RAILROAD COMPANY This Memorandum of Understanding ("MOU") is executed this day of February, 2006 by the City of Round Rock, Texas ("City"), Texas Crushed Stone Company ("TCS") and the Georgetown Railroad Company, Inc. ("GRR"). Recitals 1. In December of 1978, the City entered into an agreement with the Westinghouse Electric Corporation ("Westinghouse Agreement") that provided among other things, that certain property owned by Westinghouse that was located in the extraterritorial jurisdiction of the City would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. (now codified in §42.044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985. 2. On June 30, 1982, TCS and GRR purchased a portion of the Westinghouse property (the "Property") 3. On February 14, 1985, the City, TCS, and GRR extended the Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ("1985 Agreement") and corrected by a Memorandum of Correction dated May 23, 1985. 4. On May 31, 1988, the City, TCS, and GRR extended the Westinghouse Agreement by and through that one certain Second Contract and Agreement Extending Industrial District. 5. On May 25, 1995, the City, TCS, and GRR extended the Westinghouse Agreement by and through that one certain Third Contract and Agreement Extending Industrial District. 6. On June 13, 2002, the City TCS, and GRR extended the Westinghouse Agreement by and through that one certain Fourth Agreement Extending Industrial District. 7. On December 16, 2004, the City TCS, and GRR extended the Westinghouse Agreement by and through that one certain Fifth Agreement Extending Industrial District. 8. On December 31, 2005, the Westinghouse Agreement expired in accordance with the terms of the aforesaid Fifth Agreement Extending Industrial District. 9. The City, TCS, and GRR now wish to set forth their respective understandings with respect to the Property previously covered by the Westinghouse Agreement. MOU- 2nd final- redline- 02-07-06 (00095754).D0C00095513.DOC Statement of Understanding 1. The City, TCS, and GRR acknowledge that the Westinghouse Agreement expired on December 31, 2005 in accordance with the terms of the Fifth Agreement Extending Industrial District, and that the Property is no longer located within an Industrial District. 2. The City is investigating and analyzing various municipal ordinances regulating the operation of stone quarries, with particular attention to the ordinance adopted by the City of San Antonio. 3. The City is also investigating and analyzing the pros and cons of creating another Industrial District for all or a portion of the Property. 4. There may be other options not previously considered by the City, TCS, and GRR that may be investigated and analyzed over the next few months. 5. The City, TCS and GRR acknowledge that it will require at least six three months to determine the best method of dealing with the Property and the stone quarry operation located thereon. 6. The City, TCS and GRR acknowledge that it will be in the best interest of all of the parties to maintain the status quo while the various options set forth above are investigated and analyzed. 7. Accordingly, the City acknowledges that it has no current plans or interest in annexing all or any portion of the Property during the period of time required to perform the investigation and analysis set forth above. Likewise, TCS and GRR acknowledge that, while all of the Property covered by the expired Industrial District was acquired and is held for the purpose of agricultural, railroad operations, and quarrying limestone uses, during the period of time required to perform the analysis set forth above, TCS and GRR will not have the need to expand their stone quarry operations south of FM 1431 or east of the GRR tracks. 8. The City, TCS and GRR acknowledge that (90) days from the date set forth below. 9. This MOU is executed and effective this this MOU expires ninety day of February, 2006. (Signatures on following page.) 2 ATTEST: By: Christine R. Martinez, City Secretary ATTEST: By: C. W. Fraser, Secretary ATTEST: By: C. W. Fraser, Secretary CITY OF ROUND ROCK By: Nyle Maxwell, Mayor TEXAS CRUSHED STONE COMPANY By: W. B. Snead, President GEORGETOWN RAILROAD COMPANY, INC. By: 3 W. B. Snead, Chairman of the Board DATE: February 2, 2006 SUBJECT: City Council Meeting - February 9, 2006 ITEM: 10.A.1. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding concerning the Texas Crushed Stone Industrial District. Deuartment• Administration Staff Person: Jim Nuse, City Manager Justification: This resolution will extend the Industrial District for Texas Crushed Stone. Fund_ ing: Cost: No cost to the City Source of funds: N/A Outside Resources: Texas Crushed Stone Background Information: This Industrial District outlines terms and conditions whereby Texas Crushed Stone may continue to operate outside Round Rock's city limits. The District was first created in 1978 and has been extended five other times. Public Comment: N/A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROUND ROCK AND TEXAS CRUSHED STONE / GEORGETOWN RAILROAD COMPANY This Memorandum of Understanding ("MOU") is executed this 1 7 day of February, 2006 by the City of Round Rock, Texas ("City"), Texas Crushed Stone Company ("TCS") and the Georgetown Railroad Company, Inc. ("GRR"). Recitals 1. In December of 1978, the City entered into an agreement with the Westinghouse Electric Corporation ("Westinghouse Agreement") that provided among other things, that certain property owned by Westinghouse that was located in the extraterritorial jurisdiction of the City would be designated as an Industrial District pursuant to Art. 970a., V.A.T.S. (now codified in §42.044 Local Government Code) and that the property would not be annexed by the City prior to December 21, 1985. 2. On June 30, 1982, TCS and GRR purchased a portion of the Westinghouse property (the "Property") 3. On February 14, 1985, the City, TCS, and GRR extended the Westinghouse Agreement by and through that one certain Contract and Agreement Extending Industrial District ("1985 Agreement") and corrected by a Memorandum of Correction dated May 23, 1985. 4. On May 31, 1988, the City, TCS, and GRR extended the Westinghouse Agreement by and through that one certain Second Contract and Agreement Extending Industrial District. 5. On May 25, 1995, the City, TCS, and GRR extended the Westinghouse Agreement by and through that one certain Third Contract and Agreement Extending Industrial District. 6. On June 13, 2002, the City TCS, and GRR extended the Westinghouse Agreement by and through that one certain Fourth Agreement Extending Industrial District. 7. On December 16, 2004, the City TCS, and GRR extended the Westinghouse Agreement by and through that one certain Fifth Agreement Extending Industrial District. 8. On December 31, 2005, the Westinghouse Agreement expired in accordance with the terms of the aforesaid Fifth Agreement Extending Industrial District. 9. The City, TCS, and GRR now wish to set forth their respective understandings with respect to the Property previously covered by the Westinghouse Agreement. MOU- 2nd final- clean- 02-07-06 (00095755).D0C00095755.DOC R -010 -OA -09-1041 Statement of Understanding 1. The City, TCS, and GRR acknowledge that the Westinghouse Agreement expired on December 31, 2005 in accordance with the terms of the Fifth Agreement Extending Industrial District, and that the Property is no longer located within an Industrial District. 2. The City is investigating and analyzing various municipal ordinances regulating the operation of stone quarries, with particular attention to the ordinance adopted by the City of San Antonio. 3. The City is also investigating and analyzing the pros and cons of creating another Industrial District for all or a portion of the Property. 4. There may be other options not previously considered by the City, TCS, and GRR that may be investigated and analyzed over the next few months. 5. The City, TCS and GRR acknowledge that it will require at least three months to determine the best method of dealing with the Property and the stone quarry operation located thereon. 6. The City, TCS and GRR acknowledge that it will be in the best interest of all of the parties to maintain the status quo while the various options set forth above are investigated and analyzed. 7. Accordingly, the City acknowledges that it has no current plans or interest in annexing all or any portion of the Property during the period of time required to perform the investigation and analysis set forth above. Likewise, TCS and GRR acknowledge that, while all of the Property covered by the expired Industrial District was acquired and is held for the purpose of agricultural, railroad operations, and quarrying limestone uses, during the period of time required to perform the analysis set forth above, TCS and GRR will not have the need to expand their stone quarry operations south of FM 1431 or east of the GRR tracks. 8. The City, TCS and GRR acknowledge that this MOU expires ninety (90) days from the date set forth below. th 9. This MOU is executed and effective this ! 7 day of February, 2006. (Signatures on following page.) 2 ATTEST: By: ILA, Al ' CITY OF ROUND ROCK Bv: Christine R. Martinez, City Secretary ATTEST: By: C. W. Fraser, Secretary ATTEST: C. W. Fraser, Secretary axwe 1, Mayor TEXAS CRUSHED STONE COMPANY By: W. B. Snead, President GEORGETOWN RAILROAD COMPANY, INC. By: 3 ti W. B. Snead, Chairman of the Board