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R-06-09-14-11B2 - 9/14/2006RESOLUTION NO. R -06-09-14-11B2 WHEREAS, in December of 1978, the City of Round Rock entered into an agreement with Westinghouse Electric Corporation ("Westinghouse Agreement") that provided that certain property owned by Westinghouse that was located in the City's extraterritorial jurisdiction would be designated as an Industrial District, and WHEREAS, on June 30, 1982, Texas Crushed Stone Company ("TCS") and Georgetown Railroad Company, Inc. ("GRR") purchased a portion of 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, on June 8, 2006, the City, pursuant to Resolution No. R -06-06-08-10C1, directed the City's Planning Director to prepare a service plan for the involuntary annexation of the TCS and GRR property west of I-35 and north and south of RM 1431 (the "Property"), the RM 1431 right-of-way and the City's Water Treatment Plant, and WHEREAS, TCS and GRR oppose the involuntary annexation and assert their vested rights to continue mining operations on the Property, and WHEREAS, the City, TCS, and GRR now wish to enter into a Memorandum of Understanding setting forth their understandings with respect to the property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, @PFDesktop\::ODMA'WORLDOX/O:/WDOX/RESOLUTI/R60914B2.WPD/rmc 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., 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 14th day of September, 2006. /r�i CHRISTINE R. MARTINEZ, City Secret 2 y yor f Round Rock, Texas MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROUND ROCK AND TEXAS CRUSHED STONE/GEORGETOWN RAILROAD This Memorandum of Understanding ("MOU") is executed this 14th day of September, 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. 3. Between February 14, 1985, and December 16, 2004, the City, TCS, and GRR entered into numerous agreements extending the Westinghouse Agreement. 4. On December 31, 2005, the Westinghouse Agreement expired in accordance with the terms of the aforesaid extensions. 5. On June 8, 2006, the City, pursuant to Resolution NO. R -06 -06 -08 -10 -C- I directed the City's Planning Director to prepare a service plan for the involuntary annexation of the TCS and GRR property west of I-35 and north and south of RM 1431 (the "Property"), the RM 1431 right-of-way and the City's Water Treatment Plant. As part of those involuntary annexation proceedings, public hearings were held on July 13, 2006; July 27, 2006; September 6, 2006; and September 7, 2006. 6. TCS and GRR oppose the involuntary annexation and assert their vested rights to continue mining operations on the Property. 7. The City anticipates instituting annexation proceedings on September 28, 2006, but will defer the second reading of the annexation ordinance in hopes that a definitive agreement may be reached by the parties consistent with the following statements of understanding. 8. The City, TCS, and GRR now wish to set forth their respective understandings with respect to the Property. EXHIBIT "A" 3 015523.00011:990219.03 Statement of Understanding 1. TCS, GRR and the City will enter into a TLGC 212.172 development agreement for a term of 15 years that includes: (a) the property north of RM 1431 and west of the railroad; (b) the 70+/- acre tract on the west side of the Westinghouse Rd./IH-35 interchange; and (c) a portion of the property south of RM 1431 and west of the proposed alignment of the Wyoming Springs roadway as shown on Exhibit A attached hereto and incorporated herein by reference (collectively, the "ETJ Property"). 2. GRR will petition for voluntary annexation and PUD zoning of: (a) the property north and south of RM 1431 between I -H 35 and the Georgetown Railroad; and (b) a portion of the property south of RM 1431 and west of the Georgetown Railroad all as shown on Exhibit A (collectively, the "Annexation Property"). GRR and the City acknowledge that one or more PUD zones may be appropriate for the Annexation Property which would include development standards for high density mixed use, commercial, and residential (multifamily and town homes) uses. The PUD will make clear that the existing water wells and other utilities on the Annexation Property that are currently used in mining operations on the ETJ Property will be permitted uses. 3. Before the City annexes the Annexation Property, TCS, GRR and the City will enter into a development agreement that includes the Annexation Property. The purpose of this agreement is to make clear that GRR and TCS waive any rights they may have under TLGC 43.002 or any other statute or theory under common law to use for stone quarry purposes any of the Annexation Property for so long as such property is zoned consistent with the PUD. The petition for voluntary annexation, the PUD zoning application and the PUD development standards will be attached as exhibits to this development agreement. 4. GRR will petition for voluntary annexation of the GRR railroad right-of-way shown on Exhibit A required by the City to include the City's water treatment plant within the corporate limits of the City. Such annexation will be completed pursuant to TLGC Section 43.028. Such property will be included in the PUD zoning application. 5. The alignment of Wyoming Springs and Creek Bend will be generally placed as shown on Exhibit A. The designation and reservation of the right-of-way for such alignment will be included in the PUD zoning application. 6. TCS, GRR and the City will contact TxDOT to advocate for a traffic signal at the intersection of the present location of the TCS truck gate entrance and RM 1431. 7. The City will support requests by TCS and GRR to gain TxDOT's permission to tunnel under RM 1431 for mining purposes. 8. The City, TCS and GRR acknowledge that this MOU expires December 27, 2006 (90 days from September 28, 2006). The City, TCS and GRR will work diligently to complete the development agreements, voluntary annexations and PUD zonings contemplated by this MOU on or before December 27th 4 015523.00011:990219.03 9. This MOU is executed and effective this 14th day of September, 2006. ATTEST: By: Christine R. Martinez, City Secretary ATTEST: By: C. W. Fraser, Secretary ATTEST: C. W. Fraser, Secretary CITY OF ROUND ROCK By: Nyle Maxwell, Mayor TEXAS CRUSHED STONE COMPANY By: W. B. Snead, President GEORGETOWN RAILROAD COMPANY C. By: / 5 W. B. Snead, Chairman of the Board 015523.00011:990219.03 Exhibit A September 14, 2006 DATE: September 6, 2006 SUBJECT: City Council Meeting - September 14, 2006 ITEM: 11.8.2. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding with Texas Crushed Stone and Georgetown Railroad regarding the annexation and zoning of the property. Department: Administration Staff Person: Jim Nuse, City Manager Justification: Texas Crushed Stone and Georgetown Railroad own significant property in our ETJ. This Memorandum of Understanding (MOU) outlines the business deal to arrive at a voluntary annexation for a portion of the property and a long-term quarry agreement. Staff is currently in the process of finalizing the negotiations with Texas Crushed Stone and Georgetown Railroad regarding the MOU. The resolution and MOU will be provided to the Council prior to the meeting on Thursday. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: N/A Public Comment: N/A EXECUTED DOCUMENT FOLLOWS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROUND ROCK AND TEXAS CRUSHED STONE/GEORGETOWN RAILROAD This Memorandum of Understanding ("MOU") is executed this 14th day of September, 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. 3. Between February 14, 1985, and December 16, 2004, the City, TCS, and GRR entered into numerous agreements extending the Westinghouse Agreement. 4. On December 31, 2005, the Westinghouse Agreement expired in accordance with the terms of the aforesaid extensions. 5. On June 8, 2006, the City, pursuant to Resolution NO. R-06-06-08- directed the City's Planning Director to prepare a service plan for the involuntary annexation of the TCS and GRR property west of I-35 and north and south of RM 1431 (the "Property"), the RM 1431 right-of-way and the City's Water Treatment Plant. As part of those involuntary annexation proceedings, public hearings were held on July 13, 2006; July 27, 2006; September 6, 2006; and September 7, 2006. 6. TCS and GRR oppose the involuntary annexation and assert their vested rights to continue mining operations on the Property. 7. The City anticipates instituting annexation proceedings on September 28, 2006, but will defer the second reading of the annexation ordinance in hopes that a definitive agreement may be reached by the parties consistent with the following statements of understanding. 8. The City, TCS, and GRR now wish to set forth their respective understandings with respect to the Property. R-D6-oq-14-j-118 ,, 3 015523.00011:990219.03 Statement of Understanding 1. TCS, GRR and the City will enter into a TLGC 212.172 development agreement for a term of 15 years that includes: (a) the property north of RM 1431 and west of the railroad; (b) the 70+/- acre tract on the west side of the Westinghouse Rd./IH-35 interchange; and (c) a portion of the property south of RM 1431 and west of the proposed alignment of the Wyoming Springs roadway as shown on Exhibit A attached hereto and incorporated herein by reference (collectively, the "ETJ Property"). 2. GRR will petition for voluntary annexation and PUD zoning of: (a) the property north and south of RM 1431 between I -H 35 and the Georgetown Railroad; and (b) a portion of the property south of RM 1431 and west of the Georgetown Railroad all as shown on Exhibit A (collectively, the "Annexation Property"). GRR and the City acknowledge that one or more PUD zones may be appropriate for the Annexation Property which would include development standards for high density mixed use, commercial, and residential (multifamily and town homes) uses. The PUD will make clear that the existing water wells and other utilities on the Annexation Property that are currently used in mining operations on the ETJ Property will be permitted uses. 3. Before the City annexes the Annexation Property, TCS, GRR and the City will enter into a development agreement that includes the Annexation Property. The purpose of this agreement is to make clear that GRR and TCS waive any rights they may have under TLGC 43.002 or any other statute or theory under common law to use for stone quarry purposes any of the Annexation Property for so long as such property is zoned consistent with the PUD. The petition for voluntary annexation, the PUD zoning application and the PUD development standards will be attached as exhibits to this development agreement. 4. GRR will petition for voluntary annexation of the GRR railroad right-of-way shown on Exhibit A required by the City to include the City's water treatment plant within the corporate limits of the City. Such annexation will be completed pursuant to TLGC Section 43.028. Such property will be included in the PUD zoning application. 5. The alignment of Wyoming Springs and Creek Bend will be generally placed as shown on Exhibit A. The designation and reservation of the right-of-way for such alignment will be included in the PUD zoning application. 6. TCS, GRR and the City will contact TxDOT to advocate for a traffic signal at the intersection of the present location of the TCS truck gate entrance and RM 1431. 7. The City will support requests by TCS and GRR to gain TxDOT's permission to tunnel under RM 1431 for mining purposes. 8. The City, TCS and GRR acknowledge that this MOU expires December 27, 2006 (90 days from September 28, 2006). The City, TCS and GRR will work diligently to complete the development agreements, voluntary annexations and PUD zonings contemplated by this MOU on or before December 27th 4 015523.00011:990219.03 9. This MOU is executed and effective this 14th day of September, 2006. CITY OF ROUND R yle a ell, Mayor Christine R. Martinez, City Secretary ATTEST: By:/�, C. W. Fraser, Secretary ATTEST: By: C. W. Fraser, Secretary TEXAS CRUSHED STONE COMPANY By: C✓,61, W. B. Snead, President GEORGETOWN RAILROAD COMPANY By: 5 W. B. Snead, Chairman of the Board 015523.00011:990219.03 Exhibit A ETAfill " Al 10, a � G PIULf QUARRY — ETj � 3 EJ PAIIL MUIOw q QUARf i i FAY - ETJ TM We" r t t° s9r �x N PUIL L a: E Q. a) u)