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R-91-1616 - 6/13/1991RESOLUTION NO. 1616R WHEREAS, a potential buyer is studying the feasibility of purchasing the available undeveloped land and building lots in the Vista Oaks Subdivision, which subdivision is located in the Williamson County Municipal Utility District No. 9 ("MUD #9"), and WHEREAS, the City Council wishes to verify that certain agreements regarding the creation of MUD #9 as well as the provision of water and wastewater service are still valid and in effect, and WHEREAS, the City Council wishes to provide such verification in the form of the attached letter, 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 letter regarding certain agreements respecting MUD #9, a copy of such letter being attached hereto as an exhibit. RESOLVED this 13th day of June, 1991. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: TiALE) NE LAND, City Secretary RS06131H Mayor Mike Robinson Mayor Pro -tem Charles Culpepper Council Members Robert Stluka Tish Oatman Pete Correa Earl Palmer Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 June 11, 1991 Elbert Hooper Hutcheson & Grundy 8100 Shoal Creek Blvd., Suite 200 Austin, Texas 78768 Re: Williamson County Municipal Utility District No. 9 and Vista Oaks Subdivision Dear Bert: It is the City of Round Rock's understanding that you are representing a client who is studying the feasibility of purchasing the available undeveloped land and building lots in the Vista Oaks Subdivision, which is located in Williamson County Municipal Utility District No. 9 ("MUD #9"). You have asked that the City verify that certain agreements respecting said MUD #9 are considered to be in full force and effect. Accordingly, to the best of the City's knowledge, the following agreements are considered to be in full force and effect and enforceable: (a) Ordinance No. 2269 of approved January 22, creation of Williamson District No. 9. the City of Round Rock, 1987, consenting to the County Municipal Utility (b) Water and Wastewater Agreement dated January 22, 1987, between the City of Round Rock, L&N Land Corp., and Williamson County Municipal Utility District No. 9. (c) The Addendum to Water and Wastewater Agreement, dated June 8, 1989, between the City of Round Rock, Lomas Land, Inc. (formerly N Land Corp.), and Williamson County Municipal &Utility District No. 9, amending the Water and Waste- water Agreement referred to in subparagraph (b), above. Elbert Hooper Hutcheson & Grundy June 11, 1991 Page 2 (d) Exhibit "B" to Water and Wastewater Agreement Among City of Round Rock (executed June 8, 1989), Lomas Land, Inc. (executed August 15, 1989), and Williamson County Municipal Utility District No. 9 (executed July 28, 1989), superseding and replacing the original Exhibit "B" to the Water and Wastewater Agreement referred to in subparagraph (b), above. Agreement Regarding Onion Creek Interceptor Phase II Wastewater Line, dated February 1, 1989, between Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milani Counties, the City of Austin, the City of Round Rock, Williamson County Municipal Utility District No. 9 and Lomas Land, Inc. The foregoing verification shall not be considered as a waiver of any default or breach of the aforesaid agreements of which the City has no knowledge. In addition, to the best of the City's knowledge, the following statements are correct: (e) (a) A total of 1,400 living unit e of water and sewer services arev available Eoalents r will be provided by the City of Round Rock through the City's water supply and distribution system and wastewater collection, treatment and disposal system for use within Williamson County Municipal Utility District No. 9 and Vista Oaks Subdivision, pursuant to the Water Wastewater Agreement, referred to ina 1(b), above. paragraph (b) Lomas constructed, paid for and holds full title to all of those certain segments of the Wastewater Transportation System, as described in the replacement Exhibit "B" to Water and Wastewater Agreement Among the City of Round Rock, Lomas Land, Inc., and Williamson County Municipal Utility District No. 9, referred to in paragraph 1(d), above, and to the full capacity of those segments, which segments are identified in Schedule I to said replacement Exhibit "B" as follows: Elbert Hooper Hutcheson & Grundy June 11, 1991 Page 3 1. 12 Inch Force Main Along F.M. 1431 2. 15 Inch Gravity Main Along F.M. 1431 3. Offsite Wastewater Improvements Phase A 4. Offsite Wastewater Improvements (MH 3 STA. 10+00 to Onion Branch Interceptor) (c) Lomas has paid for and holds title to 1400 LUEs of wastewater capacity for Williamson County Municipal Utility District No. 9 as a customer of the City of Round Rock in that segment of the Wastewater Transportation System described in said replacement Exhibit "B" referred to in subparagraph (b), above, which segment is identified in Schedule I to said replacement Exhibit "B" as the Onion Branch Interceptor Contract 5 Phase 2. The city is pleased to e yu with this verification and we look forwardr to dworking with your client in the event the property is purchased. Mike Robinson, Mayor DATE: June 11, 1991 SUBJECT: City Council Meeting, June 13, 1991 ITEM: 9.H. Consider a resolution acknowledging certain agreements between the City of Round Rock and MUD #9 (Vista Oaks). STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: Lomas and Nettleton developed Vista Oaks and established MUD #9 to provide utilities. L&N has found a buyer for the project and the buyer wants to make sure that all the agreements we entered into with L&N are still valid. Steve Sheets, Jim Nuse and Joe Vining are reviewing the documents now and don't expect to find any problems.