R-00-12-21-9B1 - 12/21/2000RESOLUTION NO. R -00-12-21-9B 1
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT
WITH BEHRENS SUBDIVISION, LTD. RELATED TO THE BEHRENS
RANCH PUBLIC IMPROVEMENT DISTRICT AND CALLING A
PUBLIC HEARING REGARDING A PROPOSED
ASSESSMENT/SERVICE PLAN; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, on April 27, 2000, the City Council of the City of
Round Rock, Texas (the "City") passed Resolution No. R -00-04-27-
12E1 (the "Creation Resolution") which authorized and approved the
creation of the Behrens Ranch Public Improvement District (the
"District"); and
WHEREAS, the authorization of the District took effect when
notice of the passage of such Creation Resolution was published in
a newspaper of general circulation on May 3, 2000; and
WHEREAS, Behrens Subdivision, Ltd., the developer within the
District, has presented to the City Council for consideration a
form of Development Agreement attached hereto as Exhibit "A"; and
WHEREAS, the City also must hold a public hearing on a
proposed assessment/service plan for the District in accordance
with Section 372.016, Texas Local Government Code, as amended; Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS THAT:
K:\WPDOCS\Itesolua\BEHRENS. WPD/cdc
I.
The City Council hereby approves the Development Agreement in
substantially the form attached hereto as Exhibit "A". The Mayor
is hereby authorized to execute the final Development Agreement.
II.
In accordance with Section 372.016, Texas Local Government
Code, as amended, a public hearing shall be held at 7:00 p.m. on
January 25, 2001 regarding the proposed assessment/service plan for
the District. Notice of such public hearing in substantially the
form attached hereto as Exhibit "B" shall be published in a
newspaper of general circulation in the City at least 10 days prior
to the public hearing.
III.
The Mayor, City Manager, City Secretary, and other appropriate
officials of the City are hereby authorized and directed to do any
and all things necessary and/or convenient to carry out the terms
of this Resolution.
IV.
If any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such Section,
paragraph, clause or provision shall not affect any of the
remaining provisions of this Resolution.
2
V.
This Resolution shall be in force and effect from and after
its passage, and it is so ordered.
VI.
All orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent of such
inconsistency.
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, and the Act.
RESOLVED this 21st day of DecembL. 2000.
EST:
E LAND, City Secretary
3
R. RT A. STLUKA, SYR. , Mayor
City of Round Rock, Texas
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF WILLIAMSON
DEVELOPMENT AGREEMENT CONCERNING BEHRENS RANCH
PUBLIC IMPROVEMENT DISTRICT
THIS IS A DEVELOPMENT AGREEMENT by and between THE CITY OF
ROUND ROCK, a Texas home -rule municipal corporation ("City") and BEHRENS
SUBDIVISION, LTD., a Texas limited partnership ("Developer"), entered into pursuant to
the authority granted to the City by its powers as a home -rule municipal corporation.
WHEREAS, Developer is the owner of that certain tract of land in Round Rock,
Williamson County, Texas, more fully described on Exhibit "A" ("Property"); and
WHEREAS, the City approved a Concept Plan for the proposed Behrens Ranch
development on approximately 580.31 acres as shown on the attached Exhibit "B" ("Concept
Plan"); and
WHEREAS, Developer desires to develop the Property in accordance with the
Concept Plan, as amended from time to time ("Project"); and
WHEREAS, the City has created the Behrens Ranch Public Improvement District
("PID"), pursuant to Chapter 372, Subchapter B of the Texas Local Government Code; and
WHEREAS, the City Council hereby determines that the development of the Project
and the creation of the PID will promote local economic development and stimulate business
and commercial activity in the City by increasing the tax base of the Round Rock area over
a period of approximately ten (10) years required for the build -out of the Project, and further
that construction of the Project is in the best interest of the City; and
WHEREAS, the City has enacted development regulations which govern
development of the Property, specifically the City of Round Rock Subdivision Regulations,
Sign Ordinance, Construction Codes, Construction Standards and Specification for Roads,
Streets, Structures and Utilities and Zoning Ordinance, as may be amended by the City from
time to time ("Development Regulations"); and
C:1Text ROUNDROCIBEHRENSkharlene draft 5.rtflcdc
WHEREAS, Developer is proposing to develop the Project on the Property in
accordance with the Development Regulations; and
WHEREAS, Developer desires to enter into a development agreement with the City;
and
WHEREAS, the City and Developer have determined that the development of the
Property utilizing a Public Improvement District ("PID") will best be accomplished through
a development agreement; and
WHEREAS, the City and Developer agree that the development requirements of the
City and this Development Agreement substantially advance a legitimate interest of the City;
NOW, THEREFORE, for and in consideration of the promises and the mutual
agreements set forth herein, the City and Developer hereby agree as follows:
1. The Project. Developer is planning and developing a residential community
consisting of approximately 940 residential units and one (1) clubhouse on the Property, in
accordance with the Concept Plan, as amended from time to time, over a period of ten (10)
years, and in conjunction therewith is proposing to subdivide the Property through a series
of subdivision plats.
2. Dedication of Easements for Utilities. Developer agrees to dedicate
necessary permanent public utility easements in a form, reasonable and customary, and
approved by the City Attorney. Developer agrees to execute these easements within 30 days
after receipt of written notice from the City requesting the easement or easements.
3. Public Improvement District.
a. Purpose. The City agrees to levy assessments on property within the
PID in accordance with Chapter 372 of the Texas Local Government Code, as amended, with
the limitation that the purpose of the PID is to issue bonds to reimburse the Developer for
costs of public improvements for the Project including water, wastewater, irrigation, road
and drainage facilities as further provided in the Resolution of the City creating the PID (the
"Improvements").
b. Time and Amount of Reimbursement. The City, acting through the
PID, agrees to use its best efforts to sell bonds for the improvements, but cannot guarantee
the sale thereof and will not be obligated to offer the bonds for sale in contravention of any
laws of the State of Texas. Within twenty (20) days of the PID's receipt of the proceeds of
the bonds to finance the acquisition of the Improvements and concurrent with the
Developer's execution and delivery of a bill of sale to the City for the Improvements being
reimbursed to the Developer, the City, acting through the PID, shall reimburse the
Developer. It is specifically understood and agreed by the parties that the issuance of bonds
to acquire such Improvements will most likely be accomplished through a series of bond
sales over time. The financial advisor for the PID shall advise the City as to the amount of
bonds that can be prudently sold from time to time.
c. Conditions to Reimbursement. The City's obligation, acting through
the PID to issue the bonds and to reimburse the Developer for funds advanced for the
Improvements, shall be subject to the following terms and conditions:
(i) No bonds will be issued until the City, acting through the PID,
receives the recommendation of the financial advisor for the PID that the sale and amount
of each particular bond issue is feasible and prudent based upon a number of considerations
including the overlapping tax rate, number of homes occupied, assessment collection history,
percentage of collections, assessment concentration and assessed valuation to debt;
(ii) The Developer shall, at his expense, submit to the City a
market study, in a form acceptable to the City, prepared by a recognized feasibility
consultant illustrating the demand for and feasibility of the type of development
contemplated and/or underway within the PID;
(iii) The Developer provides the City a certification or other
evidence from an independent appraiser or other professional evidencing the special benefits
conferred on the properties being assessed for the Improvements;
(iv) Receipt of a bona fide bid or commitment to purchase the
bonds;
(v) Approval of the bonds by the Attorney General of the State of
Texas and registration of the bonds by the Comptroller of Public Accounts of the State of
Texas;
(vi) The City, acting through the PID, shall not be obligated to
consider the issuance of bonds in an amount less than $1,000,000; and
(vii) The Developer is current on all taxes, fees and obligations to
the City/PID and no additional PID bonds will be issued if any outstanding bonds are in
default or reserve funds have been drawn down and not replenished.
The bonds shall be offered on terms and conditions generally accepted in the
bond market for similar types of obligations and at a net effective interest rate, taking into
consideration any discount or premium, not to exceed one percent above the highest average
interest rate reported by the Daily Bond Buyer in its weekly "25 Revenue Bond Index"
during the one month preceding the bond sale. The City, acting through the PID, shall not
be obligated to sell or issue any amount of bonds in excess of the amount then recommended
by the financial advisor for the PID. Each bond issue will fund a reserve fund to the
maximum extent permitted by federal tax law unless determined unnecessary by the financial
advisor.
d. Assessment Funds. In the event the collected assessments are
determined to exceed the amount of required reserves and the amount required for payment
of debt service or other obligations in connection with bonds outstanding, the City, upon
recommendation of the PID's financial advisor may elect to purchase portions of the
Improvements from the Developer with cash from such collected assessments. So long as
there is no default or other violation of covenants existing with respect to the outstanding
bonds, the City agrees to use excess assessments to payoff outstanding bonded indebtedness
only when all Improvements have been purchased from the Developer. Under no
circumstances shall collected assessments be used to fund projects or costs outside the
boundaries of the PID.
4. Cost of Improvements to be Funded by Developer. The Developer shall
promptly pay the costs of the Improvements as the same become due, including, without
limitation, all costs of design, engineering, materials, labor, construction and inspection
arising in connection with the Improvements; all payments arising under any contracts
entered into for the construction of the improvements; all costs incurred in connection with
obtaining governmental approvals, certificates, permits, easements, rights-of-way, or sites
required as a part of the construction of the Improvement; and all out-of-pocket expenses,
including interest costs, incurred in connection with the construction of the Improvements.
The City shall not be liable to any contractor, engineer, attorney, materialman or other party
employed or constructed within connection with the construction of the Improvements, but
shall only be obligated to reimburse the Developer in the manner and to the extent provided
in Section 3 of this Agreement. After completion of the Improvements from time to time and
approval of the Improvements by the City, the City shall operate and maintain the
Improvements at its expense.
5. Indemnity. The Developer shall indemnify and hold the City, in its role as
acting for the PID, harmless from and against all losses, costs, damages, expenses and
liabilities (herein collectively referred to as "Losses") of whatsoever nature, including, but
not limited to, attorneys' fees, costs of litigation, court costs, amounts paid in settlement and
amounts paid to discharge judgments relating to any claim, lawsuit, cause of action or other
legal action or proceeding brought against the City, in its role as acting for the PID, or to
which the City, in its role as acting for the PID, may be a party, even if groundless, false or
fraudulent, directly, or indirectly resulting from, arising out of or relating to the acquisition,
purchase or construction of the Improvements. In the event of any action brought against the
City in which indemnification by the Developer is applicable, the City shall promptly give
written notice to the Developer, and the Developer shall assume the investigation and
defense of such action, including the employment of counsel and the payment of all
expenses. The City shall have the right, at its expense, to employ separate counsel and to
participate in the investigation and defense of any such action. The Developer shall not be
liable for the settlement of any such action made by the City without the consent of the
Developer; provided, however, that in the event of any settlement entered into with the
consent of the Developer or of any final judgment for a plaintiff in such action, the
Developer shall indemnify and hold the City harmless from and against any losses incurred
by reason of such settlement or judgment. The expiration of the terms of this Agreement
shall not relieve the Developer from any liability hereunder arising prior to the expiration of
this Agreement, provided; however, notwithstanding anything to the contrary herein, the
Developer's indemnity for each portion of the Improvements accepted by the City for
operation and maintenance shall expire five (5) years after the date of the City's acceptance
of that particular portion of the Improvements.
6. Continuing Securities Disclosure. The Developer agrees to provide periodic
information and notices of material events regarding the Developer and the Developer's
development within the PID in accordance with the Securities and Exchange Commission
Rule 15c2-12.
7. Notice of PID. Developers covenant to provide notice to anyone that
purchases land within the PID of its existence and ability to issue bonds and to levy
assessments (similar to the notice given regarding the existence of municipal utility districts).
The notice shall be in substantially the form attached hereto as Exhibit "C".
8. Construction of Improvements. All improvements will be constructed in
a good and workmanlike manner in accordance with the City Code, Texas Natural Resource
Conservation Commission and all other applicable regulatory agencies.
9. Miscellaneous Provisions.
a. Actions Performable. The City and Developer agree that all actions
to be performed under this Agreement are performable solely in Williamson County, Texas.
b. Governing Law. The City and Developer agree that this Agreement
has been made under the laws of the State of Texas in effect on this date, and that any
interpretation of this Agreement at a future date shall be made under the laws of the State of
Texas.
c. Severability. If a provision hereof shall be finally declared void or
illegal by any court or administrative agency having jurisdiction, the entire Agreement shall
not be void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
d. Complete Agreement. This Agreement represents a complete
agreement of the parties and supersedes all prior written and oral matters related to this
agreement. Any amendment to this Agreement must be in writing and signed by all parties.
e. Exhibits. All exhibits attached to this Agreement are incorporated by
reference and expressly made part of this Agreement as if copied verbatim.
f. County Approvals. The City agrees to cooperate with the Developer
in seeking necessary approvals from Williamson County in an expedited manner and agrees
to exercise its best efforts to assure that the City and County cooperate with each other in
coordinating and expediting the approvals required by the Developer.
g. Notice. All notices, requests or other communications required or
permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the
original delivered by hand or overnight carrier; (ii) by overnight courier or hand delivery; or
(iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at
the following addresses:
CITY: City of Round Rock
With copies to:
DEVELOPER:
Round Rock, Texas 78664
Attn: Director of Planning
Phone: (512) 218-5420
Brown McCarroll Sheets & Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
Phone: (512) 255-8877
Behrens Subdivision, Ltd.
c/o Masonwood Development Corporation
1004 MoPac Circle, Suite 201
Austin, Texas 78746
Attn: Frank L. Oberlin
Phone: (512) 306-8300
h. Force Majeure. Developer and the City agree that the obligations of
each party shall be subject to force majeure events such as natural calamity, fire or strike.
i. Appointment of Representatives. To further the commitment of the
parties to cooperate in the implementation of this Agreement, the City and Developer each
shall designate and appoint a representative to act as a liaison between the City and its
various departments and Developer. The initial representative for the City (the "City
Representative") shall be the Director of Development Services, and the initial representative
for the Developer shall be Frank L. Oberlin (the "Developer Representative"). The
representatives shall be available at all reasonable times to discuss and review the
performance of the parties to this Agreement and the development of the Property pursuant
to the Concept Plan.
j. Assignment. This Agreement may be assigned by the Developer only
with the prior written approval of the City, which consent shall not be unreasonably withheld
or delayed.
10. Term of Agreement. This Agreement shall be in effect for a term of twenty
(20) years from the date of the approval by the City, provided that the term may be amended
by written agreement of the parties. If the build -out of the Project has not occurred within
the term of this Agreement, and the Project is continuing to develop, Developer may submit
a written request to the City to extend the term of the Agreement for an additional five (5)
years or less. For purposes of this Agreement, "build -out" is defined as the construction and
completion of 90% residential units and one (1) clubhouse.
11. Representation of Authority. The City represents and warrants to the
Developer that the City is duly authorized and empowered to enter into this Agreement. The
Developer further represents and warrants to the City that it has the requisite authority to
enter into this Agreement.
12. Signature Warranty Clause. The signatories to this Agreement represent
and warrant that they have the authority to execute this Agreement on behalf of the City and
Developer, respectively.
SIGNED as of this (9/ SY day of prem i E iei , 2000.
ATTEST:
J nne Land, City Secretary
BEHRENS SUBDIVISION, LTD.,
a Texas limited partnership
By: Meredith Gressett, Inc.,
a Texas corporation
Its General Partner
Gi
ames W. Meredit
President
CITY OF ROUND ROCK
A. Stluka, Jr., Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON
PARTNERSHIP ACKNOWLEDGMENT
This instrument was acknowledged before me on this the u- day of
Van --fry , 2006, by James W. Meredith, a person known to me, in his capacity as
President of Meredith Gressett, Inc., a Texas corporation, General Partner of Behrens
Subdivision, Ltd., a Texas limited partnership, on behalf of said limited partnership.
(Sea
KELLY C MOLAK
NOTARY PUBLIC
State of Texas
Comm. Exp. 02-23-2003
STATE OF TEXAS
COUNTY OF WILLIAMSON
ivtre(.4
Notary 1 8lic, State of Texas
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on this the dS1day of
DECE1'Yl156(2. , 2000, by Robert A. Stluka, Jr., a person known to me, in his capacity as
Mayor of the City of Round Rock, Texas, a Texas home rule municipal corporation, on
behalf of said municipality.
(Seal)
Notary Public, State of Texas
EXHIBITS:
Exhibit "A" - Property
Exhibit "B" - Concept Plan
Exhibit "C" - Notice to Purchaser
usw1;/99 16:43 FAX 512 494 9601
FNT DOWNTOWN
Sheet 1 of 3
EXHIBIT "A"
Zoos/ole
FIELD NOTES
BEING A PART OF TEAT CERTAIN 1369 ACRE TRACT OF
LAND DAVM CURRY St RvEy, AEtsri ACT NO. 13o, THE EPHRAIM OUT IOP R 1�g
ABSTRACT NO. 212, THE SANS SURyE1,,
AND THE Z�QLIAM DUCxANj� �CAm SURLY, ABSTRACT NO. 374,
COUNTY, TEXAS, VEY, ABS?B.ACT NO. 190, IN �V11y�M5aN
DESCRIBED IN DEEDS TO ROBERT a BEDS, ROB
GLENN BENS, STEVE; DALE ERT
CNZL D. B F� Ng, TO ROBEgT L �S, R�NTjALL DEAN $QTS AND
DAWN BSS ?RUST UNDO AN INSTRUMENT
' TRUSTEE FOR Z-� �ERLEE
AND BRIAN C�;RI.S'F'OPHF.it $ S AND OMB
DAiF.D rjAR.Y; i iaa-
VOj,jJME 2059, PAGE 834, VQLIIME Z107. PAGE1E 13D4,
QLr- RECORDED Irl
VOLUME 2207, PAGE 144 AND 'VOLUME 2207 p �'� 2I07, PAt� I39,
OF Q�rgON COUNTY, T=s. AND aG MORE I49, OFFjL RECORDS
DESCRIBM BY METES AND BOUNDS AS FOLLOWS PAR CU�.RLY
,iUWIT:
BEGINNING it ars irca rod Fwd at the Sacha coof
of I.'ad descrL1 is z decd fit, Lean E. B `that certain SZ6.6Q arse tract
was and Oair D. Behret23 to arC3tia$it0113C
c
carper -Arian recorded is Volcttra S40, Page 767, Dees R
Cautery;
of �zl2iaatxaa
?HENC.E along and with as axis' ring fence and the southerl
tract, the foilo g described Evey Iiae of said s25.60_ace
(.5) oviaaes sod di,iaatet-
I) N 717'18' 10" E a distat of 108(1.98
2) N 69' ZO• 47" .E t dinar: met to an tea rod Ruud:
C at I 1971 s feet a iron rod fan
oldi
3) N78' 46. 11" Eadismaceof73.D9feet coart '�arodiocr�
4) N70•o6'SO"Ea
�� u
of 1696.:4 feet to s pest on the west side
ofa !eyes, :�;
5) N 72' 00' 01"E a diirazzoo of IMOD Scat to
a c � iron rod found beside
ansa Past at Lor ncsr st eoaer hssrec4 said iraa red *Inv
being
• ' 03/15/99 16:44 FAX 512 494 9601
FIT DOR�Ii TOf9Y
EXHIBIT "A" cant 'd
Sheet 2 of 3
the northwest wrier of that cerndn 157.836 are tract of land
in a decd to Arline Raszzsussou desra�ed
zoos dc3 in Yohaac 1462, Page 240, end
Volu=e 2338, Page 226, Offal Records of Williaroma
SCE 3 I9. 10' 3r E, at 979.94 feet pass the southwest Baer of afares:id 157.236
sczz text said pelt also big the tbacthwest comes of titer cnrtain 1S7_836 acre tract of
hued &setsbed in s died to 34436 I,m recorded in V
oLu c 2607. Page 505, Official
Records of W liarnson Camay, ocastihoiag as additional 2270.06 f
eet0.1'3250.00 fret b; -tai i» rod' ALL 4 �_
found at th,e natthavJt cow of this certain 66.33 acre -tenet
of laud clescriloedis 4 deed to 3406 LTD marded in Volume 2607, Page 500, O$cial
Records of IiTllIiatoaaa County;
CCB with. the north and west Imes of said 6633 acre
that fvlt
two (2) and distant= owing desaz'bed
1) S 70' 02' 56" W a distance of 1017.96 feet to = k oa rad found,
2) S 19' 57' 04" E a distance of 709,62 feet to an iron rod found, from
*deli he scalar: est eon= of said 66.33 aac tract bears S 19' 57' 04" E
a disrsuee of 639.3.3 f=;
?EIENCE deputing the westerly Una of said 66.33 acre tract and with the following
dcxu3 4 Aye (3) mums and dicta Iron rods Sat d:
1) An are dist wee of220.26 feet with a ourvo to the lett. said curve
/laying a central angle of 14' 56' 06", a radius of 845.00 feat, and a
long chord of S 1.34' 45" W 219.64':
2) S 5' 53' 15" E a distance of 50.01 fec4
3) An arc divan= of 152.15 feet with a cavus ra tlscIdelt. said cures
l S _ o 8k of 12' 00', &radius of 715.013 feet, and a Ioag
chord beic':ug of 5 (2' 06' 4S" W 137.36':
4) S 6.06' 45" W a distalace of I2S.02 fest, at4d;
3) Aa arc distance of 39.23 fret with a clan to the right. zaila curve
havt og a caters/ magic of 90' 01' 47—, :radius of 25.00 reot. sad a
long chord ors 51.06' 45" W 3534' to as iron rod found in the
nerd: -of-way line ofEatae.-Matioe Rood No. 3406:
e006/016
' .03/15/99 16444 FAX 512 4949601
FNT DOf9NT0iYN
EXHIBIT "A" coot 'd
Sheet 3 of 3
I?) 007/016
THENCE with the north line of said FM --3406 the
' IIc°ryrg dosed eleven (1 I)
comet and di maces to brass It0.91/. mark= is carwrete:
1) N 83- 53' 50" W" a disraace of 96.14 frau
2) Aa arc distaa,ca of 893.79 feet with s curve to the left said curve
hayizig a ccatral azxgle of 26' Or 32". a radius of 1969.3
6, 1 of S 83.01' 42" W 891.01 fact 6' and along
3) s 69' 58' 33" W a distance of1335.05 fact
4) An arc distance of 542.72 feet wish a curve to rho left, said curve
having a antral angle of 35' 10' 56", a radius of 1372.40 and a
long citctt3 _of S S7'33' 06" W 829.54 £aac
S) N 74"53' CO' W a distance 0/6725 feet; .._
6) An art: distance of 336.81 fact with a curve to the right, said curt
having a central angle of 6' 52' 49" a radius of 2304.79 feat, and a
long chord ofN 71'73' 43" w a dilausee of 33631 (1et;
7) N 68' 00' 19" W ac of 3459.40 tout;
8) An arc distance of 39225 fiat with a curve to the left. said curve
ltavLag a antral aagie of 11' 24' 33", a radiuv of 1969.36 fact, cad a
long chard cfN 73033'37" W 391.60 feed
9) Z' 79' 22' 39" W a distartee of 77352 feet;
10) An arc distanc of 367.62 feet's a curve to the lei Said curve
having a ceatnl az3gia of 10" 41' 33", a rsdius of 1969.36 Fret, awl a
long chord ofN 84' 43' 33 367.08 feet,
11) S 39' 59' 20" W a distance of 17251 fret to the Southwest ceased:
TB'NCE N 190 16' 03 • W a dins= of 3150.93 foot to as iron rod found
Qwest cornerhernat; 4t the
?RENEGE N 70" 49' 36" E a disatn= of 129218 feet tr; as irou rod fetzac
1Fhs NCE N 66" 57' 59" E a divan= of 598.,53 fist fa
as iron and toned at the southeast
corner of that eta 272,1638 acre tract of land
deserfised n ; deed t° ffY--Land IOiltt
Venture 1'ecaedad in Volume 639, Page 693, Deed Records of Williaroaen
TRE NCE S 19" 42' 01" E a. distance of 504.10 feet with
ear �iT� westerly Ease Quaid n6.60
Elecnic Corp. frau to the Place afBeginniag. mag 580.31 acres
ofd►
more or less.
EXHIBIT B
Notice of Public Hearing
In accordance with Chapter 372 of the Local Government Code, as amended, the Round Rock
City Council in regular session on April 27, 2000, established the Behrens Ranch Public Improvement
District (the 'District") with the boundaries set forth below:
[Insert description or map of boundaries]
Further, in accordance with Section 372.016, Texas Local Government Code, as amended, the
City Council will conduct a public hearing on January 25, 2001 at 7:00 p.m. at Round Rock City Hall, 221
East Main Street, Round Rock, Texas to discuss the proposed assessment/service plan for the District as
set forth below. The purpose of the District is to provide the acquisition or construction of a water
distribution system, wastewater collection system, stormwater drainage system and streets and roadways
to serve the District.
The improvements will be financed through the issuance of assessment revenue bonds issued by
the City which will be repaid by assessments on property owners within the District. The assessments shall
be a first and prior lien against each property assessed subject only to the liens or claims for State, County,
school district or municipality ad valorem taxes and is a personal liability of and charge against the owners
of the property regardless of whether the owners are named. The lien is effective from the date of the
ordinance levying the assessment until the assessment is paid and may be enforced by the governing body
in the same manner as an ad valorem tax lien against real property may be enforced. Property owners will
be given the option to prepay the assessment, at the Class A rate set forth below, or pay this assessment
over a period of years coinciding with the amortization of one or more series of bonds issued for the
improvements.
In accordance with Section 372.015, Local Government Code, as amended, the City Council shall
apportion the cost of an improvement to be assessed against property in the District. The apportionment
shall be made on the basis of the special benefits accruing to the property because of the improvement and
the City has determined that apportioning costs between classes of property determined by benefit and
usage is the most fair and reasonable method of "imposing equal shares of the costs on the property
similarly benefitted." The proposed assessments are as follows:
Class A
Platted lots with certificates of occupancy
issued by the City
BEHRENS/2001: DevAgreeApprv1Res
Assessment
$2,860.00 per acre
Class B Assessment
Platted lots $567.20 per acre
Class C Assessment
Unplatted lots $45.38 per acre
Class D Assessment
Golf course and club facilities $38.57 per acre
The total amount of bonds which may be issued from time to time for the improvements is not to
exceed $6,000,000. The proposed assessment roll containing the address of property subject to
assessment and the amount of the proposed assessment is available for public inspection in the Office of
the City Secretary in the Round Rock City Hall, 221 East Main Street, Round Rock, Texas. Written or
oral objections will be considered at the public hearing.
Spanish translations are available upon request from the Planning and Community Development
Department of the City of Round Rock, Texas.
[Se dispone de traducciones al espanol previa solicitud al Departamento de Planificacion y
Desarrollo Comunitario de la Ciudad de Round Rock, Texas.]
BEHRENS/2001: DevAgreeApprvlRes
EXHIBIT "C"
NOTICE TO PURCHASER
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
The real property, described below, which you are about to purchase, is located in
the corporate boundaries of the City of Round Rock, Texas and the Behrens Ranch Public
Improvement District ("District"), created and governed by the Round Rock City
Council. The District was created pursuant to Chapter 372, Local Government Code, as
amended and, subject to the adoption of an assessment service plan, has the authority to
assess the property separate from any taxing authority, and may issue bonds and levy an
annual assessment in payment of such bonds. An assessment or reassessment, with
interest, the expense of collection and reasonable attorney's fees, if incurred, is a first and
prior lien against the property assessed, superior to all other liens and claims except liens
or claims for state, county, school district or municipality ad valorem taxes and is a
personal liability of and charge against the owners of the property regardless of whether
the owners are named. The lien of the assessment is effective from the date of the
ordinance levying the assessment until the assessment is paid and may be enforced by the
governing body in the same manner that an ad valorem tax lien against real property may
be enforced. The owner of assessed property may pay at any time the entire assessment,
with interest that has accrued on the assessment, on any lot or parcel. The City has not
yet adopted an ordinance levying the assessment but is expected to do so within the next
three to four months. As of this date, the most recent rate of proposed assessments to be
levied by the District on real property in the District is as follows:
Class A -Platted lots with Certificate of Occupancy $2,860.00 per acre
Class B -Platted lots $567.20 per acre
Class C-Unplatted lots $45.38 per acre
Class D -Golf course and club facilities
$38.57 per acre
The total amount of bonds which have been or may, at this date, be issued is
$6,000,000.00. The bonds will be used to pay for certain public improvements including
but not limited to streets, water, sewer, drainage, and flood control facilities within the
District, and shall be payable in whole or in part from assessments on the property levied
by the District. The cost of these facilities is not included in the purchase price of you
property, and these utility facilities are owned or are to be owned by the District. An
assessment is not an ad valorem tax and all property owners are advised to consult their
tax consultants regarding the tax treatment of such assessment.
The legal description of the property, which you are acquiring, is as follows:
LEGAL DESCRIPTION HERE
Seller:
By: Date:
This instrument was acknowledged before me on day of
2000 by
Notary Public
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or
prior to execution of a binding contract for the purchase of the real property described in
such notice or at the closing of the real property.
Purchaser:
By: Date:
This instrument was acknowledged before me on day of
2000 by
Notary Public
DATE: December 15, 2000
SUBJECT: City Council Meeting — December 21, 2000
ITEM:
Resource:
History:
9.B.1. Consider a resolution authorizing the Mayor to execute a
Development Agreement with Behrens Subdivision, Ltd related to
the Behrens Ranch Public Improvement District and calling a
public hearing regarding a proposed assessment/service plan.
Joe Vining, Planning Director
Charlie Crossfield, Assistant City Attorney
The Council passed a resolution April 27, 2000 establishing the feasibility and
desirability of creating a Public Improvement District for the Behrens Ranch
development.
Funding: N/A
Cost:
Source of funds:
Outside Resources: Provided by Developer
Impact/Benefit: Public Infrastructure in Behrens Ranch.
Public Comment: None
Sponsor: Planning and Community Development