O-84-2114 - 5/10/1984ORDINANCE NO. 2114
AN ORDINANCE GRANTING THE CONSENT OF THE CITY OF ROUND
ROCK TO THE CREATION OF THE MEADOWS AT CHANDLER CREEK
MUNICIPAL UTILITY DISTRICT, SUBJECT TO VARIOUS TERMS
AND CONDITIONS.
WHEREAS, a petition has been filed for consent from the City
to create a municipal utility district to be known as The Meadows
at Chandler Creek Municipal Utility District (hereafter referred
to as "District") to include the land described in Exhibit "1"
attached hereto and made a part hereof for all purposes; and,
WHEREAS, the City Council has evaluated the petition for
consent to creation of the District and related documents and
determined that consent should be granted; Now, Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
PART 1. That the City of Round Rock hereby grants (a) its consent
to the inclusion of the land described in Exhibit "1" within the
The Meadows at Chandler Creek Municipal Utility District; (b) its
consent to the creation of the District; and, (c) its consent to
the issuance of bonds by the District. The foregoing consent is
specifically subject to and conditional upon the following:
1. That the City and the District shall enter into and
execute the agreement attached hereto as Exhibit "2", entitled
Agreement Between The City Of Round Rock And The Meadows At
Chandler Creek Municipal Utility District, and the Mayor is
hereby authorized to execute the agreement on behalf of the City.
The agreement is incorporated herein and made a part hereof for
all purposes. The agreement in its entirety and its present form
is of utmost importance to the consent granted hereby and but for
its execution by the District, such consent would not be granted.
2. That the City and the District shall enter into and
execute the agreement attached hereto as Exhibit "3", entitled
"Utility Construction Contract", and the Mayor is hereby
authorized to execute the contract on behalf of the City. The
contract is incorporated herein and made a part hereof for all
purposes.
3. That water or sewer service shall not be furnished to any
User in any subdivision within the boundaries of the District
unless such subdivision complies with all applicable ordinances
of the City of Round Rock concerning subdivisions and the Master
Plan of the City of Round Rock.
4. That no land within the District shall be allowed, at any
time in the future, to incorporate, join in an incorporation, or
be annexed into any incorporated city other than the City of
Round Rock.
5. That any restrictions by the City on the terms and
provisions of the District's bonds and notes issued to provide
facilities and services of the land and conditions on the sale of
the District's bonds and notes will not render the bonds and
notes of the District unmarketable.
6. That the City shall have the right to audit and inspect
the books and records of the District at any time.
PART 2. That the City Secretary is hereby directed to file a copy
of such Ordinance in the permanent records of her office.
(Mark through the following alternative that is not applicable)
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 1197FN day
of %/ / 1 Q,( , 19141 .
Alternative 2.
READ and APPROVED on first reading this the day of
, 19
READ, APPROVED and ADOPTED on second reading this the
day of , 19
ATTEST:
NNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
EXHIBIT "A"
Page 1 of 4
FIELD NOTES OF 435.261 ACRES
FIELD NOTES describing 435.261 acres of land, being 62.473 acres out of the Wil-
liam Donaho Survey, Abstract No. 173; 158.51 acres out of the George+W. Glass-
cock Survey, Abstract No. 267, and 214.278 acres out of the P. A. Holder Survey,
Abstract No. 297, situated in Williamson County, Texas, said 435.261 acres being
comprised and consisting of the following four (4) tracts:
1) all of that certain 46.732 acre remainder of that certain 88.88 acre Tract
1, conveyed to Carl W. Burnette, Trustee, by deed recorded in Volume 573, Page
659 of the Deed Records of said County;
2) all of that certain 135.771 acre remainder of that certain 192.17 acre Tract
2 conveyed by said Volume 573, Page 659;
3) all of that certain 86.557 acre remainder of that certain 126.42 acre Tract
1, conveyed to Carl W. Burnette, Trustee, by deed recorded in Volume 573, Page
670 of said Deed Records;
4) all of that certain 166.21 acre Tract 2, conveyed by said Volume 573, Page
670, found upon resurvey this date to contain 166.201 acres; said four (4)
tracts combined containing 435.261 acres of land, and being more particularly
described by metes and bounds as TRACT "A", TRACT "B", TRACT "C", and TRACT "D"
as follows:
TRACT "A" (46.732 ACRES)
FIELD NOTES describing a 46.732 acre tract of land, out of the P. A. Holder Sur-
vey, Abstract No. 297, situated in Williamson County, Texas, being all of the
remainder of that certain 88.88 acre Tract 1, conveyed to Carl W. Burnette,
Trustee, by deed recorded in Volume 573, Page 659 of the Deed Records of Wil-
liamson County, Texas, and being more particularly described by metes and bounds
as follows:
BEGINNING at an iron pin found at a fence corner, in the South line of that cer-
tain 166.21 acre Tract 2, conveyed to Carl W. Burnette, Trustee, by deed record-
ed in Volume 573, Page 670 of said Deed Records, being the Northeast corner of
said 88.88 acre tract, for the Northeast corner and POINT OF BEGINNING of the
hereinafter described 47.732 acre TRACT "A";
THENCE along the East line of said 88.88 acre Tract 1, as fenced, for the East
line hereof, the following three (3) courses:
1) S00°18'30"W, 765.79 feet to an iron pin set for an angle point hereof;
2) S00°10'30"E, 760.55 feet to an iron pin set for an angle point hereof;
3) 500°06'30"E, 795.82 feet to an iron pipe found at a fence corner, being the
Northeast corner of that certain 10.02 acre tract conveyed to John F. Matthews
by deed recorded in Volume 659, Page 407 and Correction Deed recorded in Volume
774, Page 3 of said Deed Records, for the Southeast corner hereof;
THENCE along the North line of said 10.02 acre tract, for the South line hereof,
the following two (2) courses:
1) along said fence line, N86°25'W, 908.67 feet to an iron pin found at an
angle point in said fence, for an angle point hereof;
2) N63°07'W, 109.70 feet to an iron pin set in the East right-of-way line of
F.M. Highway 1460, being the Northwest corner of said 10.02 acre tract, for the
Southwest corner hereof;
THENCE along said East right-of-way line, for the West line hereof, the follow-
ing five (5) courses:
1) N22°53'E, 18.85 feet to an iron pin found by a fence corner post, for a
Point of Curvature hereof;
2) along the arc of a curve to the left having elements of delta = 22°51'
radius = 1479.075 feet, arc = 589.87 feet, tangent = 298.91 feet, chord and
chord bearing = 585.97 feet, N11°27'30"E, to an iron pin set for a Point of
Tangency hereof;
3) N00°02'E, 1101.10 feet to an iron pin set for a Point of Curvature hereof;
4) along the arc of a curve to the right having elements of delta = 8°35',
radius = 2874.84 feet, arc = 430.67 feet, tangent = 215.74 feet, chord and chord
bearing = 430.27 feet, N04°19'30"E, to an iron pin set for a Point of Tangency
hereof;
5) N08°37'E, 93.56 feet to an iron pin found near a fence corner post, being
the Southwest corner of said 166.21 acre Tract 2, also being the Northwest cor-
ner of said 88.88 acre Tract 1, for the Northwest corner hereof;
Exhibit "1"
EXHIBIT "A"
Page 2 of 4
THENCE departing said East right-of-way line, along the division line between ''
said 166.21 acre Tract 2 and said 88.88 acre Tract 1, for the North line hereof,
as fenced, N89°54'E, 834.19 feet to the POINT OF BEGINNING of the herein
described TRACT "A", containing 46.732 acres of land more or less.
TRACT "8" (135.771 ACRES)
FIELD NOTES describing a 135.771 acre tract of land, out of the P. A. Holder
Survey, Abstract No. 297, situated in Williamson County, Texas, being all of the
remainder of that certain 192.17 acre Tract 2, conveyed to Carl W. Burnette,
Trustee, by deed recorded in Volume 573, Page 670 of said Deed Records, and
being more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found in the West right-of-way line of F. M. Highway
1460, being the Northeast corner of that certain 9.56 acre tract conveyed to
Jack R. Campbell by deed recorded in Volume 676, Page 527 of said Deed Records,
for the Southeast corner and POINT OF BEGINNING of the hereinafter described
135.771 acre TRACT "B";
THENCE departing said West right-of-way line, along the South line hereof, the
following two (2) courses:
1) along the North line of said 9.56 acre tract S89°12'W, 1648.31 feet to an
iron pin found at the Northwest corner of said 9.56 acre tract, for an angle
point hereof;
2) N89°42'30"W, 530.70 feet to an iron pin found at an ell corner of said
192.17 acre Tract 2, for the Southwest corner hereof;
THENCE along the West line of said 192.17 acre Tract 2, as fenced, for the West
line hereof, the following four (4) courses:
1) N00'16'E, 947.44 feet to an iron pin set for an angle point hereof;
2) N00'04'E, 439.82 feet to an iron pin set for an angle point hereof;
3) N00°12 E, 676.21 feet to an iron pin set for an angle point hereof;
4) N00'08'E, 553.57 feet to an iron pin set at the Southwest corner of that
certain 16.38 acre tract conveyed to William B. Rhodes, et ux, by deed recorded
in Volume 675, Page 74 of said Deed Records, for the Northwest corner hereof;
THENCE along the North line hereof, S89°57'E, at a distance of 1135.96 feet pass
the Southeast corner of said 16.38 acre tract, being the Southwest corner of
that certain 10.00 acre tract conveyed to Veterans Land Board of the State of
Texas, by deed recorded in Volume 674, Page 669 of said Deed Records, and con-
tinue an additional 1217.09 feet, in all being a total distance of 2353.05 feet
to an iron pin set in said West right-of-way line of said F. M. Highway 1460,
being the Southeast corner of said 10.00 acre tract, for the Northeast corner
hereof;
THENCE along said West right-of-way line of F. M. Highway 1460, for the East
line hereof, the following six (6) courses:
1) S08°37'W, 244.89 feet to an iron pin set for an angle point hereof;
2) S02°36'E, 101.95 feet to an iron pin set for an angle point hereof;
3) S08°37'W, 246.46 feet to an iron pin set for a Point of Curvature hereof;
4) along the arc of a curve to the left having elements of delta = 8°35',
radius = 2954.84 feet, arc = 442.66 feet, tangent = 221.74 feet, chord and chord
bearing = 442.24 feet, SO4°19'30"W, to an iron pin set for a Point of Tangency
hereof;
5) S00°02'W, 1101.10 feet to an iron pin set for a Point of Curvature hereof;
6) along the arc of a curve to the right having elements of delta = 19°24'40",
radius = 1399.075 feet, arc = 473.99 feet, tangent = 239.29 feet, chord and
chord bearing = 471.73 feet, S09°44'20"W, to the POINT OF BEGINNING of the here-
in described TRACT "8", containing 135.771 acres of land more or less.
TRACT "C" (86.557 ACRES)
FIELD NOTES describing an 86.557 acre tract of land, out of the George W.
Glasscock Survey, Abstract No. 267, situated in Williamson County, Texas, being
all of the remainder of that certain 126.42 acre Tract 1, conveyed to Carl W.
Burnette, Trustee, by deed recorded in Volume 573, Page 670 of said Deed
Records, and being more particularly described by metes and bounds as follows:
EXHIBIT "A"
Page 3 of 4
BEGINNING at an iron pin set near a fence corner in the West right-of-way line
of F. M. Highway 1460, being the Northeast corner of said 126.42 acre Tract 1,
for the Northeast corner and POINT OF BEGINNING of the hereinafter described
86.557 acre TRACT "C";
THENCE along said West right-of-way line, being the East line of said 126.42
acre Tract 1, for the East line hereof, the following four (4) courses:
1) along the arc of a curve to the left having elements of delta = 18'27'37",
radius = 1202.185 feet, arc = 387.34 feet, tangent = 195.36 feet, chord and
chord bearing = 385.66 feet, S21'14'W, to an iron pin set near a broken concrete
highway monument, for a Point of Tangency hereof;
2) S12'00'W, 959.71 feet to an iron pin set near a concrete highway monument,
for a Point of Curvature hereof;
3) along the arc of a curve to the left having elements of delta = 3'17'30",
radius = 5754.985 feet, arc = 330.63 feet, tangent = 165.36 feet, chord and
chord bearing = 330.58 feet, S10°21'15"W, to an iron pin set for a Point of
Tangency hereof;
4) S08'42'30"W, 305.38 feet to an iron pin set at the Northeast corner of that
certain 20.00 acre Tract Two, conveyed to William Rhodes by deed recorded in
Volume 710, Page 425 of said Deed Records, for the Southeast corner hereof;
THENCE departing said West right-of-way line, along the North line of said 20.00
acre tract, for the South line hereof, S89°06'15"W, 2528.84 feet to an iron pin
set in the fenced West line of said 126.42 acre Tract 1, being the Northwest
corner of said 20.00 acre tract, for the Southwest corner hereof;
THENCE along said fenced West line for the West line hereof, N00'13'E, 958.00
feet to an iron pin found at a fence corner post, for the Northeast corner here-
of;
THENCE along the fenced North line of said 126.42 acre Tract 1, the following
five (5) courses:
1) N71'34'E, 364.30 feet to an iron pin set for an angle point hereof;
2) N71'12'E, 1450.85 feet to an iron pin set for an angle point hereof;
3) N71'45'E, 239.00 feet to an iron pin set for an angle point hereof;
4) N70'59 E, 595.45 feet to an iron pin set for an angle point hereof;
5) N71'23'E, 486.20 feet to the POINT OF BEGINNING of the herein described
TRACT "C", containing 86.557 acres of land more or less.
TRACT "D" (166.201 ACRES)
FIELD NOTES describing a 166.201 acre tract of .land, being 62.473 acres out of
the William Donaho Survey, Abstract No. 173; 71.953 acres out of the George W.
Glasscock Survey, Abstract No. 267; and 31.775 acres out of the P. A. Holder
Survey, Abstract No. 297, situated in Williamson County, Texas, being all of
that certain 166.21 acre Tract 2, conveyed to Carl W. Burnette, Trustee, by deed
recorded in Volume 573, Page 670 of said Deed Records, said tract being found
upon resurvey this date to contain 166.201 acres of land, and being more partic-
ularly described by metes and bounds as follows:
BEGINNING at an iron pin set by a fence corner post being the intersection of
the East right-of-way line of F. M. Highway 1460 and the South right-of-way line
of County Road No. 113, being the most Northerly Northwest corner and POINT OF
BEGINNING of the hereinafter described 166.201 acre TRACT "D";
THENCE along said South right-of-way line, as fenced, for a North line hereof,
N70'36'E, 174.95 feet to an iron pin found at a fence corner post, for the most
Northerly corner hereof;
THENCE departing said South right-of-way line, as fenced, for an East line here-
of, the following two (2) courses:
1) S18'00'E, 868.80 feet to an iron pin set for an angle point hereof;
2) S17'59'E, 335.14 feet to an iron pipe found near a fence corner post, for an
angle point hereof;
THENCE along a North line hereof, S89°26'E, 1763.46 feet to an iron pin found at
a fence corner in the West right-of-way line of the M. K. & T. Railroad, for the
most Easterly Northeast corner hereof;
EXHIBIT "A"
Page 4 of 4
THENCE along said West right-of-way line, as fenced, for the most Easterly line
hereof, the following five (5) courses:
1) 500.04130"E, 982.93 feet to an iron pin found for an angle point hereof;
2) S02.01'30"W, 300.35 feet to an iron pin found for an angle point hereof;
3) 507'49'45""W, 335.57 feet to an iron pin found for an angle point hereof;
4) S 17 07 30 .W, 488.56 feet to an iron pin found for an angle point hereof;
5) S22°55'W, 345.20 feet to an iron pin found at a fence corner, for the South-
east corner hereof;
THENCE along the South line hereof, as fenced, the following two (2) courses:
1) N89'51'30"W, 1843.54 feet to an iron pin found at a fence corner, being the
Northeast corner of the remainder of that certain 88.88 acre Tract 1, conveyed
to Carl W. Burnette, Trustee, by deed recorded in Volume 573, Page 659 of said
Deed Records, for an angle point hereof;
2) along the North line of said 88.88 acre Tract 1, S89'54'W, 834.19 feet to an
iron pin found near a fence corner post in the East right-of-way line of said F.
M. Highway 1460, being the Northwest corner of said 88.88 acre Tract 1, for the
Southwest corner hereof;
THENCE along said East right-of-way line, for the West line hereof, the follow-
ing nine (9) courses:
1) N08°37'E, 352.91 feet to an iron pin set for an angle point hereof;
2) N30'26'E, 107.72 feet to an iron pin set near a broken concrete highway
monument, for an angle point hereof;
3) N08'37'E, 300.00 feet to a concrete highway monument found for an angle
point hereof;
4) N12'39'W,��107.54 feet to an iron pin found for an angle point hereof;
5) N08'42 30 E, 1007.12 feet to a concrete highway monument found for a Point
of Curvature hereof;
6) along the arc of a curve to the right having elements of delta = 3'17'30",
radius = 5674.985 feet, arc = 326.03 feet, tangent = 163.06 feet, chord and
chord bearing = 325.99 feet, N10°21'15"E, to a concrete highway monument found
for a Point of Tangency hereof;
7) N12'00'E, 959.71 feet to a nail set in a broken concrete highway monument,
for a Point of Curvature hereof;
8) along the arc of a curve to the right having elements of delta='19°09',
radius = 1122.185 feet, arc = 375.07 feet, tangent = 189.30 feet, chord and
chord bearing = 373.33 feet, N21°34130"E, to an iron pin set for a Point of
Tangency hereof;
9) N31'091E, 65.69 feet to the POINT OF BEGINNING of the herein described TRACT
"D", containing 166.201 acres of land more or less.
IN ALL, SAID TRACT "A", TRACT "B", TRACT "A", and TRACT "D" combined, as
described herein, containing 435.261 acres of land more or less.
I, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these
field notes and attached plat accurately represent the results of an on -the -
ground survey made under my direction and supervision on the 29th day of June,
1983. All corners located are as shown. There are no encroachments, conflicts
or protrusions apparent on the ground except as shown.
HAYNIE & KALLMAN, INC.
•
/
Steven . Kalman,
Registered Public Surveyor No. 3337
Date
EXHIBIT "A"
Page 1 of 2
FIELD NOTES OF 95.818 ACRES
FIELD NOTES describing a 95.818 acre tract or parcel of land out of
the P. A. Holder Survey, Abstract No. 297, situated in Williamson
County, Texas, being all of that certain 57.177 acre Tract Number One
conveyed to Bertil F. J. Telander, et al, by deed recorded in Volume
456, Page 530 of the Deed Records of Williamson County, Texas, and all
of that certain 41.931 acre Tract No. One conveyed to Bertil F. J.
Telander by deed recorded in Volume 457, Page 28 of said Deed Records,
said two (2) tracts combined being found upon resurvey this date to
contain 95.818 acres of land, and being more particularly described by
metes and bounds as follows:
BEGINNING at an iron pipe found at the southeast corner of Hidden
Acres, as shown on a Plat of Record in Cabinet, C, Slides 226-227 of
the Plat Records of Williamson County, Texas, for the southwest corner
and POINT OF BEGINNING of the hereinafter described 95.818 acre tract;
THENCE along the west line hereof, the following six (6) courses:
1.) N00 06'22"E, 574.94 feet to an iron pin set for an angle point
hereof;
2.) N00 09'25"W, 625.80 feet to an iron pin found for an angle point
hereof;
3.) N00 11'11"W, 419.46 feet to an iron pin found for an angle point
hereof;
4.) N00 06'30"W, 795.82 feet to an iron pin found for an angle point
hereof;
5.) N00 08'57"W, 760.38 feet to an iron pin found for an angle point
hereof;
6.) NO0 18'45"E, 765.79 feet to an iron pin found at the northeast
corner of that certain 46.732 acre TRACT "A" conveyed to Chandler
Creek Land Venture by deed recorded in Volume 928, Page 911 of said
Deed Records, also being in the south line of that certain 166.201
acre TRACT "D" conveyed by said Volume 928, Page 911, for the
northwest corner hereof;
THENCE along the south line of said TRACT "D", for the north line
hereof, S89 50'39"E, 1843.39 feet to an iron pin found by a fence
corner in the west right-of-way line of the M.K.T. Railroad, being the
southeast corner of said TRACT "D", for the northeast corner hereof;
THENCE along said west right-of-way line, for the east line hereof,
the following ten (10) courses:
1.) S21 44'W, 112.57 feet to an iron pin set for an ell corner hereof;
2.) S68 16'E, 7.60 feet to an iron pin set for an ell corner hereof;
3.) S21 44'W, 903.00 feet to an iron pin set for an ell corner hereof;
4.) N68 16'W, 25.00 feet to an iron pin set for an ell corner hereof;
5.) S21 44'W, 1500.00 feet to an iron pin set for an ell corner
hereof;
6.) N68 16'W, 35.00 feet to an iron pin set for an ell corner hereof;
7.) S21 44'W, 500.00 feet to an iron pin set for an ell corner hereof;
8.) S68 16'E, 60.00 feet to an iron pin set for an ell corner hereof;
9.) S21 44'W, 451.80 feet to an iron pin set for a Point of Curvature
hereof;
10.) along the arc of a curve to the left having elements of delta=
20 49'14", radius= 2008.27 feet, arc= 729.78 feet, tangent= 368.96
feet, chord and chord bearing= 725.77 feet, Sil 19'23"W to an iron pin
set by a fence corner post for the southeast corner hereof;
EXHIBIT "A"
Page 2 of 2
THENCE along the south line hereof, S89 45'20"W, 422.70 feet to the
POINT OF BEGINNING of the herein described tract, containing 95.818
acres of land.
I, Timothy E. Haynie, A REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes accurately represent the results of an on -the -
ground survey conducted under my direction and supervision on the 7th
day of May, 1984. All corners located are as described.
HAYNIE & KALLMAN, INC.
Timothy E. Haynie, �7
Registered Public Surveyor No. 2380
Date
AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND
THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT
The State of Texas
County of Williamson
Know All Men By These Presents:
THAT FOR and in consideration of the mutual agreements,
conditions, and covenants contained herein, the City of Round
Rock, Texas (the "City"), and The Meadows At Chandler Creek
Municipal Utility District (the "District"), mutually
contract and agree as follows:
1. The City agrees to sell and to deliver water within
the boundaries of the District for domestic and commercial
uses, such water to be supplied from the City's water
distribution system as extended by the District pursuant to
the Construction Contract . "Water" as used in this section
means potable water meeting the requirements of the Texas
Department of Health for human consumption and other domestic
uses. The City presently has an adequate water supply to
provide service to the District. The District specifically
agrees that the supply of water to the District residents may
be reasonably limited by the City on the same basis and to
the same extent as the supply of water to any other customers
within the City. The District shall promote compliance with
the City's water conservation ordinances, as amended from
time to time. The District agrees that the City will be the
sole source of water to the District and that the District
and that the District will not seek to develop its own wells,
except in the event the City is no longer able to provide
water service.
2. On behalf of the District, the City agrees to sell
and deliver water service to the Users within the District.
Said sales will be directly to the residents of the District,
and no master meter will be installed for billing purposes.
The rates charged by the City to the District for Users of
the District for water actually delivered pursuant to this
agreement shall be 1.65 times the amount charged by the City
for comparable users within the City, as established from
time to time, by the Round Rock City Council; also, the base
charge shall be one dollar ($1.00) over the base water charge
charged by the City for comparable users within the City, as
established from time to time, by the Round Rock City Council.
3. During construction of all public improvements and
construction of all private structures, the City shall sell
water at in -city bulk rates to contractors and subcontractors
through appropriate identified fire hydrants.
4. The City agrees to receive, treat, collect, and
dispose of sewage within the boundaries of the District, such
sewage to be collected into the City's sanitary sewer trunk
line as extended by the District pursuant to the Utility
Const rust i on Contract. The District specifically agrees that
the treatment of sewage received from the District may be
reasonably limited by the City on the same basis and to the
same extent as the treatment of sewage received from any
other customer within the City. The District agrees that the
City will be the sole source of sewage treatment service to
the District and that the District will not seek to construct
its own treatment facilities, except in the event the City is
no longer able to provide sewer treatment service.
Exhibit "2"
5. The City agrees to sell wastewater collection and
treatment services to the Users within the boundaries of the
District. The rates charged by the City to the District for
such Users within the District for wastewater services
pursuant to this agreement shall be 1.65 times the amount
charged by the City for comparable Users within the City, as
established from time to time, by the Round Rock City
Council; also, the base wastewater charge shall be one dollar
($1.00) over the base wastewater charge charged by the City
for comparable Users within the City as established from time
to time, by the Round Rock City Council.
6. The District agrees to pay the City to make all
utility repairs, and maintain all facilities, for all such
District improvements, and payment will be made in accordance
with the schedule attached hereto as Exhibit "A".
7. The District agrees to set and maintain water and
wastewater rates sufficient to pay the following:
a. To pay for water and wastewater services
delivered by the City pursuant to this
Agreement, an amount equal to 1.65 times the
amount charged by the City for comparable Users
within the City, as established from time to
time, by the Round Rock City Council; also the
minimum charge for water and wastewater services
shall each be one dollar ($1.00) over the
minimum water charge and wastwater charge,
respectively, charged by the City for comparable
Users within the City, as established from time
to time, by the Round Rock City Council.
b. To pay for utility repairs and maintenance of
facilities by the City pursuant to this
Agreement, an amount sufficient to make payment
to the City in accordance with the schedule
attached hereto.
c. For all other operation and maintenance
expenses, an amount sufficient to meet such
expenses as they come due.
d. For debt service on any bonds issued by the
District, an amount as deemed appropriate by the
Board of Directors of the District.
8. The District agrees to supply the City with a copy of
each action by the District setting the rate pursuant to
Paragraph 9 within seven (7) days of such action. On behalf
of the District, the City shall perform all services required
to collect said charges directly from the Users, including
the reading of meters, billing of Users, and collection of
charges. Billings and payments will be rendered to Users of
the District in substantial compliance with the procedures
established in the City of Round Rock ordinances, as now in
effect or hereafter amended.
9. The City will retain for its own account as payment
for water, wastewater services and repair and maintenance of
the District's facilities all money collected from the Users
of the District pursuant to Paragraphs 7(a) and (b). All
other moneys collected by the City shall be remitted to the
District's account for use by the District and shall be
hereinafter referred to as "Net Revenues".
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10. The City acknowledges that any bonds issued by the
District may be secured by a pledge of the Net Revenues from
the operation of the District's water and sewer and/or
drainage systems, and the City covenants to cooperate with
the District and assist in the computation of revenue and
expenses of such systems.
11. The City agrees to provide fire protection services
comparable to the service rendered to residents within the
City for all residents and structures, such services to be
provided by the City fire department authorized to perform
comparable services for the City residents and facilities.
The cost of said services shall be billed by the City to the
residents and other users as follows:
a For all single family residences, duplexes, and
commercial users the rate shall be $9.00 per
month for each metered unit serviced.
b For all multifamily users, the rate shall be the
greater of $9.00 per month for each metered unit
serviced or for each LUE as calculated pursuant
to Chapter 10, Section 4.A (6)(a), Code of
Ordinances, City of Round Rock.
The City shall perform all services necessary to collect said
charges directly from the User, including the billing of
Users and collection of charges. Such charge shall be
included on the bill with the base rate charges for water and
wastewater services.
12. The City shall furnish garbage service to a -ll Users
of the District on a comparable basis to that offered for
City residents and at the same rate charged residents within
the City. Further, the City shall bill all Users directly,
and shall collect all funds due for garbage service directly
from said Users.
13. When a bond issue of the District becomes rated by
Moody's and/or Standard and Poor's, it is agreed that the
District shall apply for an appropriate amount of bond
insurance for that and all subsequent rated issues. It is
agreed that the District will use its best efforts to secure
ratings for its issues.
14. Except as provided in the Utility Construction
Contract, the District may not construct or install water or
wastewater lines or facilities to serve the area outside the
District, or sell or deliver City water or wastewater service
to areas outside the District, or annex any additional lands
to the District without the prior approval of the Round Rock
City Council.
15. The City shall not be liable to the District or any
utility User of the District for the failure of the City to
provide water, sewer, fire or garbage service where the
failure results from Force Majeure. The term "Force Majeure"
as employed herein, shall mean acts of God, strikes,
lockouts, or other industrial disturbances, act of public
enemy, orders of any kind of the Government of the United
States or the State of Texas or any civil or military
authority, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraint of government and
people, civil disturbances, explosions, breakage or accidents
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to machinery, pipelines, or canals, or other causes not
reasonably within the control of the City. It is understood
and agreed that the settlement of strikes and lockouts shall
be entirely within the discretion of the City, and that the
above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement
of strikes and lockouts by acceding to the demands of the
appraising party or parties when such settlement is
unfavorable in the judgment of the City.
16. The District agrees that it shall issue bonds,
notes, or other obligations only for the purposes and in the
manner provided by this Agreement. It is specifically agreed
however, that the District's bonds, when issued, may be
secured by a pledge of the District's taxes or Net Revenues
or both.
17. The District agrees that at least 90% of the
facilities and amenities for which the District bonds have
been authorized will be installed within twelve (12) years
from the date of execution of this Contract by the District.
If such facilities are installed prior to such date, the City
may annex the District at any time thereafter. In the event
the District violates the terms and provisions of the City's
written consent, as set forth herein, the City shall be
entitled to injunctive relief or a writ of mandamus issued by
a court of competent jurisdiction restraining, compelling or
requiring the District and its officials to observe and
comply with the terms and provisions prescribed in the City's
written consent to the inclusion of land within the District,
as provided in Article 54.016 of the Texas Water Code. In
addition to the remedies provided in said Article, if
installation of 90% or more of the facilities and amenities
for which District bonds have been authori zed has not been
accomplished within the twelve (12) year period, the City, at
its option, may revoke its authorization for or approval of
the installation of any further facilities or amenities and
also may revoke its authorization for the issuance of the
balance of the District's unissued bonds; provided, however,
that the City's right to revoke such authorization may be
exercised only if the City concurrently annexes the entire
District as it then exists; and provided further that, if the
installation of any items of authorized facilities has
commenced in good faith in compliance with and in reliance on
the provisions hereof and is in progress at the time the City
proposes to revoke such authorizations, the annexation of the
District to the City and the revocation of such
authorizations shall be postponed until the installation of
the items has been completed and the purchase of such items
with the proceeds from the sale of District bonds or other
funds of the District has been accomplished. At any time
following the installation of the requisite percentage of
District facilities, the annexation process may be completed
and the District included within the corporate boundaries of
the City. The District shall be dissolved on the date and in
the manner specified in the ordinance completing such
annexation, but in no event more than ninety (90) days after
the effective date of such annexation. Upon the dissolution
of the District, the City shall immediately succeed to all
properties, powers, duties, assets, debts, liabilities, and
obligations of the District.
18. After annexation of the District into the City, the
City may collect a surcharge in addition to the rates of
water and sewer services for property that was within the
territorial boundaries of the District at the time of
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annexation, as provided by Section 54.016 (h) of the Texas
Water Code. Such surcharge shall be calculated according to
the criteria and formula provided for in Exhibit "B" attached
hereto and incorporated herein by reference. The surcharge
may continue until the City has been wholly compensated for
its assumption of the debt service on the Bonds of the
District.
19. All contract obligations and responsibilities of the
District under this Contract shall terminate when the area
within the District is annexed to the City.
20. All water, wastewater, and drainage facilities to be
acquired or constructed by the District may be constructed by
NPC, with the consent of the District. Neither NPC nor the
District shall commence construction of any facility unless
the plans and specifications for such facility have been
approved by the City, the Texas Department of Water
Resources, the Texas Department of Health, where applicable,
and all other governmental agencies having jurisdiction. Upon
issuance and sale of its bonds for such purposes, the
District shall pay NPC the cost of construction of any such
facilities constructed by NPC to the extent authorized by the
Texas Department of Water Resources and permitted by the City
agreement hereunder. To the extent the District is not
permitted to pay NPC for any such facilities, NPC shall
dedicate the facilities to the District without compensation.
21. Easements and rights-of-way needed for District
purposes within the District will be dedicated to the
District by NPC or its assigns. The District may acquire land
from NPC in accordance with the rules of the Texas Department
of Water Resources. Land and rights-of-way outside the
District needed by the District may be acquired by the
District in accordance with the usual and customary public
purchasing standards and procedures applicable to the
District.
22. This Contract shall be effective from the date of
execution hereof by the City and shall continue in effect for
a period of forty (40) years. This Contract may be executed
by the City prior to creation of the District and shall be
binding upon the City for a period of one year following such
execution by the City pending creation and confirmation of
the District. Upon said creation and approval and execution
of this Contract by the District, it shall thereafter be
binding upon the parties in accordance with its terms.
IN WITNESS WHEREOF, each of the parties hereto has
caused this agreement to be executed by its undersigned duly
authorized representative, in multiple copies, each of equal
dignity, as of the date hereinabove first mentioned.
Attest
alYVY1-1) 444tOtt
anne Land
ty Secretary
CITY OF ROUND ROCK, TEXAS
By:
Mike Robinson, Manager
Executed on: S-/D-S/t/
THE MEADOWS AT CHANDLER CREEK
MUNICIPAL UTILITY DISTRICT
By:
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, President
Board of Directors
Executed on
EXHIBIT A -
AVERAGE COST FOR VARIOUS TYPES
OF WATER AND SEWER MAINTENANCE REPAIRS
TYPE: COST:
1. Water Service Break Behind Curb
2. Water Main Break Behind Curb
3. Water Tap Behind Curb
4. Water Main Break in Street
5. Sewer Tap Behind Curb
6. Sewer Line Repair Behind Curb
7. For Small Street Repair (4' x 30')
8. For Street Repair Overlay (4 hrs.)
$350.31
420.55
409.92
692.94
390.76
376.76
588.30
$905.88
NOTE: These cost do not reflect any more than routine repairs during normal
working hours. There would be additional charges for overtime, standby
pay, rental equipment or extraordinary supplies or personnel with
equipment to complete the job in question. All above listed costs
are subject to annual review and update by December 31st of each year.
EXHIBIT B
MONTHLY SURCHARGE CALCULATION
Monthly surcharge formula
A + F = monthly surcharge
12 x D
A = Annual Debt Service Requirement for that calendar year for
District Bonds
D = Number of residents and other users in the District on
December 31 of the preceeding year as determined in accordance
with Section 11 of the contract to which this Exhibit is
attached.
F = Fees required in connection with the bonds
The surcharge will be imposed on the date annexation occurs and
will be calculated on the annexation date pro rata for the
remainder of that calendar year and on January 1 of each
succeeding year for the months in that calendar year. The amount
actually charged for a monthly surcharge shall not exceed $50.00.
In the event the above formula provides for a monthly surcharge
in excess of $50.00, the monthly surcharge for that month and
each succeeding month shall be $50.00 until such time as the
amount collected pursuant to the monthly surcharge is equal to
the amount which would have been collected pursuant to the
monthly surcharge formula but for the ceiling of $50.00 per
month. The monthly surcharge shall be billed by the city as an
addition to the users residing in the district after annexation
in accordance with the contract to which this Exhibit is
attached.
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•
UTILITY CONSTRUCTION CONTRACT
BETWEEN
CITY OF ROUND ROCK, TEXAS
THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT
This Contract is entered into as of the day of
, 1984, by and between the CITY OF ROUND ROCK,
TEXAS (the "City"), a Home Rule City located in Williamson
County, Texas, anb1 THE MEADOWS AT CHANDLER CREEK MUNICIPAL
UTILITY DISTRICT (the "District"), a district created pursuant
to Article XVI, Section 59 of the Texas Constitution and
operating under the provisions of Chapter 54, Texas Water Code.
RECITALS
WHEREAS the City operates a water supply system and a
sanitary sewer collection and treatment system serving areas
within and adjacent to the City and;
WHEREAS the District desires to obtain 'access to the
City's water supply in order to provide a dependable supply of
-potable water for the District and access to the City's
sanitary sewer system in order to provide for the transporta-
tion, treatment, and disposal of sewage from within the Dis-
trict, and
WHEREAS the District is authorized by Chapter 54, Texas
Water Code to purchase,- construct and acquire, inside or
outside its boundaries, works, improvements, and facilities
helpful or necessary to supply water for municipal uses,
domestic uses, and commercial purposes and to collect, trans-
port, and dispose of waste, and
WHEREAS the Board of Directors of the District has deter-
mined that it is in the best interest of the District to
cooperate with the City in the acquisition and construction of
extensions to the City's water supply and sanitary sewer
collection facilities, and
WHEREAS the City has determined that it is appropriate to
provide water and sanitary sewer service within said arca of
protect the health and welfare of present and future residents
Exhibit "3"
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of the area and of portions of the City in proximity thereto,
and
WHEREAS the City and the District are authorized to make
and enter into this Contract by Article 1109j, Texas Civil
Statutes, as amended.
NOW THEREFORE, in consideration of the the premises and
the mutual obligations and benefits herein contained, the City
and the District contract and agree as follows:
AGREEMENT
Section 1. DEFINITIONS. The terms and expressions used
in this Contract, unless the context shows clearly otherwise,
shall have meanings as follows:
(a) "Project" means the water main and sanitary sewer
main extensions and improvements described in the
second revision to the Fact Report prepared by Haynie
& Kallman, Inc., Engineers, dated May, 1984, and
attached hereto as Exhibit "A" to this Contract. The
exact alignment and configuration of the extensions
may vary depending upon the final engineering design
which shall be approved by consulting engineers for
the District and the Directors or acting Directors of
the City's Water and Wastewater and Public Works
Departments.
(b) "Board" and "Board of Directors" means the Board of
Directors of the District.
(c) "Bonds". means the bonds or notes issued by the
District for acquiring, by purchase and/or construc-
tion, the Project, whether in one of more series or
issues.
(d) "Bond Resolution" means any resolution of.the Board.
of Directors authorizing the issuance of Bonds and
providing for their security and payment, as such.
resolutions(s) may be amended from time to time as
therein permitted.
Section 2. OBLIGATION OF DISTRICT TO ACQUIRE, Subject to
the limitations set forth herein, the District will acquire, by
purchase and/or construction, the Project and agrees to pay,
and will pay, all of the actual costs of acquiring the Project
through the issuance of Bonds to provide the money for such
payment, all in the manner hereinafter described. The District
agrees to proceed promptly to obtain the necessary approvals to
issue the Bonds and acquire the Project. Upon obtaining said
approvals, the District will proceed promptly to issue and e11.
the Bonds and thereafter to purchase and/or construct the
Project as soon as practicable, but shall not be liable for any
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damages occasioned by delays in completion of the Project.
Section 3. DISTRICT'S BOND RESOLUTION. The proceeds from
the sale of the Bonds will be used to pay all of the District's
expenses and costs in connection with the Project and the
Bonds, including, without limitation, all financing, legal,
printing, and other expenses incurred in connection with the
issuance, sale, and delivery of the Bonds. Such Bonds will be
issued in an amount sufficient to cover the costs of the
Project and all the aforesaid expenses and to provide for the
payment of interest on the Bonds for a period not to exceed two
(2) years. A substantial draft of each Bond Resolution of the
District, showing the principal amount, maturities, the funds
created, and other pertinent features with respect to the Bonds
authorized thereby, must be delivered to and approved by the
City prior to the delivery to the purchaser of any Bonds
authorized by such Bond Resolution; and the approval of such
draft by the City will constitute agreement by the City that
the amount of the Bonds and all provisions of the Bond Resolu-
tion are in compliance. with this Contract in all respects.
Section 4. CONSULTING ENGINEERS. The District and the
City shall agree on the "Consulting Engineers" for the Project
and the Project will be constructed in accordance with plans
and specifications which have been prepared by the Consulting
Engineers and approved by the City. It is further agreed that
the Consulting Engineers may be changed, but only with the
agreement of both the District and the City.
Section
ACQUISITION CONTRACT; BOND PROCEEDS. The
District may enter into such contracts as are necessary to
provide for acquiring, by purchase and construction, the entire
Project, and said contracts shall be approved and executed as
required by the laws and regulations applicable to municipal
utility districts and shall be awarded by competitive bidding
as directed by the City. In addition, each such contract must
be submitted to and approved by the City prior to execution by
the District. The District shall deposit all proceeds from the
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sale of Bonds (after deducting therefrom any amounts required
to be deposited into any fund created by a Bond Resolution and
the amount of all expenses of issuing the Bonds) into a
Construction Fund, at a depository of the District. The Dis-
trict shall draw on and use said Contruction Fund to pay the
costs of acquiring the Project, provided that expenditures from
the Construction Fund must be for project costs recommended for
payment by the Consulting Engineers. Any Bond proceeds remain-
ing in the Construction Fund after completion of the Project
shall be deposited into the debt service fund created by the
Bond Resolution.
Section 6. OWNERSHIP AND OPERATION. Upon completion of
the purchase and construction of the Project by the District,
the City shall become the owner of the Project after final
acceptance by the City and will thereafter operate and maintain
the Project at its expense.
Section 7. INSURANCE. During such time as the District or
its contractors engage in construction work in relation to the
Project, the District agrees to require all contractors -
performing work to provide adequate insurance in relation to
the Project and work being performed as is usually carried by
contractors constructing like properties and also require all
contractors to carry worker's compensation insurance. Upon
completion of construction of the Project and the dedication
thereto the the City under the terms hereof, the City agrees to
carry ingurance on the Project of a kind an in an amount which
are customarily carried by municipal corporations in relation
to the ownership and operations of utility properties.
Section 8. CONDITIONS PRECEDENT. The obligation of the
District to acquire the Project shall be conditioned upon the
following:
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(a) Approval of the Project by the Texas Department of
Water Resources, Texas Department of Health, and any
and all other local, state or federal agencies having
jurisdiction; and
(b) Sale of Bonds in an amount sufficient to pay the
costs of the acquisition of the Project and the
expenses of issuing the Bonds; and
(c) The District's ability, or the ability of its con-
tractors, to obtain all material, labor, equipment
necessary for the Project.
Section 9. USE OF CITY'S PROPERTY. By these presents,
the City authorizes use by the District of any and all real
property, streets, alleys, public ways and places, and general
utility or water easements of the City for acquisition and
construction of the Project, so long as such use by the Dis-
trict does not interfere with any lawful use by the City. The
City further agrees that it will provide right-of-way for the
Project and will proceed immediately to acquire any necessary
right-of-way by purchase, contract or condemnation. The City's
costs of acquiring such right-of-way shall be considered
Project costs and will be reimbursed by the District out of
Bond proceeds.
Section 10. FORCE. MAJEURE. If, by reason of Force
Majeure, any party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Contract then such
party shall give notice and full particulars of such Force
Majeure in writing to the other party within a reasonable time
after occurrence of the event or cause of relied upon, and the
obligation of the party giving such notice, so far as it is
affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as herein-
after provided; but for no longer period, and any such party
shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term Force Majeure as employeed
herein, shall mean acts of God, strikes, lockouts, or other
industrial disturbances, act of public enemy, orders of any
kind of the Government of the United States or the State of
• 1/MUD2
Texas or any civil or military authority, insurrections, riots,
epidemics, landslides, lightning, earthquake, fires, hurri-
canes, storms, floods, washouts, droughts, arrests, restraint
of government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines, or canals, or
other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and that the
above requirement that any Force Majeure shall be remedied with
all reasonable dispatch shall not require the settlement of
strikes and lockouts by acceding to the demands of the opposing
party or parties when such settlement is unfavorable in the
judgment of the party having the difficulty.
Section 11. REGULATORY BODIES. This Contract, and the
acquisition of the Project, shall be subject to all valid
rules, regulations, and laws applicable thereto passed or
promulgated by the United States of America, the State of
Texas, or any governmental body or agency having lawful juris-
diction or any authorized representative thereof.
Section 12. PARTIES IN INTEREST. This Contract shall be
for the sole and exclusive benefit of the City and the District
and shall not be construed to confer any benefit or right upon.
any other parties.
Section 13. SEVERABILITY. The provisions of this Con-
tract are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of this Contract or the
application thereof to any person or circumstances shall ever
be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Contract
and the application of such word, phrase, clause, sentence,
paragraph, section or other part of this Contract to other
persons or circumstances shall not be affected thereby.
Section 14. TERM OF CONTRACT. This Contract shall be in
force and effect until the Project is completed and accepted in
whole by the City pursuant to Section 6 hereof, at which time
this Contract shall terminate, provided that in no event shall
the term of this Contract exceed forty (40) years.
Section 15. EXECUTION OF CONTRACT. This Contract may be
executed by the City prior to the creation of the District and
shall be binding upon the City for a period of one (1) year
pending creation and confirmation of the District. Upon said
creation, and approval and execution of this Contract by the
Board of Directors thereof, it shall thereafter be binding upon
all parties in accordance with its terms.
IN WITNESS WHEREOF, the District and the City, acting
under authority of their respective governing bodies, have
caused multiple copies of this Contract to be duly executed,
each of such copies to be of equal dignity, all as of the date
and year first herein written.
CITY OF ROUND'ROCK
BY,
Mike Robinson, Mayor
THE MEADOWS AT CHANDLER CREEK
MUNICIPAL UTILITY DISTRICT
BY:
President, Board of Directors
AGREEMENT CONCERNING CREATION AND OPERATION OF
THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THAT FOR and in consideration of the mutual agreements,
conditions, and covenants contained herein, the City of Round
Rock, Texas (the "City"), Nash Phillips/Copus, Inc., a Texas
Corporation ("NPC"), and Chandler Creek Land Venture, a Texas
Joint Venture, mutually contract and agree as follows:
ARTICLE I
PARTIES
This is a contract between the City, acting through its
Mayor, Mike Robinson, as authorized by specific action of the
Round Rock City Council, NPC, and Chandler Creek Land Venture,
herein referred to as Petitioners, the holders of legal title to
all of the land comprising the District, which consists of
approximately 531.079 acres situated wholly in Williamson County,
Texas, and lying within the extraterritorial jurisdiction of the
City, which property is described on Exhibit "A" attached to the
Petition for Consent to the Creation of a Municipal Utility
District ("Petition"), concerning the Meadows at Chandler Creek
Municipal Utility District ("District"), a municipal utility
district proposed to be created by order of the Texas Water
Commission and operating pursuant to Chapter 54, Texas Water
Code.
ARTICLE II
ISSUANCE OF BONDS BY DISTRICT
A. Water and wastewater trunk lines to serve the District
will be constructed by the District pursuant to the.Utility
Construction Contract between the City and the District, a copy
of which is attached hereto as Exhibit "A". The District is
hereby authorized to issue the bonds and notes described in the
Utility Construction Contract.
B. The District is hereby further authorized to issue bonds
and notes for the purpose of paying the cost of purchasing,
constructing, acquiring, owning, operating, repairing, improving,
or extending the waterworks system, sanitary sewer system, and
storm sewer system, to be located within and serve the District.
C. The parties hereto acknowledge and agree that this
Contract has the effect of restricting the general statutory
purposes for which the District may issue bonds and notes. The
parties further recognize and agree that this Contract does not
restrict or limit the powers and authority of the District
otherwise to acquire, own, operate and maintain water or
wastewater systems, drainage facilities, recreational facilities,
or any other systems, facilities, assets or properties of or
serving the District. The District may use funds and assets from
any other lawful source available to it to provide for such
acquisition, ownership, maintenance and operation, as well as to
accomplish any purpose and exercise any function, act, power or
right authorized by law. Such funds and assets shall include,
without limiting the generality of the foregoing, revenues from
any of the systems, facilities, properties and assets of the
District not otherwise committed for the payment of indebtedness
of the District; ad valorem taxes; maintenance taxes; loans,
gifts, grants and donations from public or private sources; and
revenues from any other source lawfully available to the
District.
ARTICLE III
PARKLAND
NPC agrees to contribute to the District not less than
thirty (30) acres of land for a park and to construct not less
than $250,000 worth of improvements within that park as detailed
in a "Park Plan" to be agreed to by the City and NPC.
Construction of said improvements shall occur in stages as the
District property is developed. Upon annexation by the City, such
park shall become the property and responsibility of the City.
ARTICLE IV
UTILITIES IMPROVEMENTS
The utility improvements to be constructed outside the
boundaries of the District shall be as detailed in the attached
Utility Construction Contract. The parties hereto agree to the
following credits and payments in connection with those
improvements:
A. Off -Site Improvements
1. All off-site improvements will be built at no cost to the
City.
2. The over -size portion of such improvements, currently
estimated to be $472,600 worth of improvements, will be
constructed by NPC. No subsequent User reimbursement will be paid
to NPC for such improvements.
B. Oversize Fees
3. NPC will pay the per lot wastewater oversize fee required
by the applicable City ordinance. Said payment will be made
within 30 days of the adoption by the City of the ordinance
granting consent to the creation of the District. NPC will not be
entitled to any subsequent reimbursement for the Chandler Creek
Interceptor by later Users. Any such oversize charges collected
by the City for the Chandler Creek Interceptor shall remain the
property of the City.
4. NPC will pay the per lot water oversize fee, as required
by the applicable City ordinance, and said fee will be paid at
the time required by City ordinance. NPC may be entitled to
reimbursement from the payment of subsequent User oversize fees
in accordance with applicable City ordinances.
C. Required On -Site Oversize Construction
5. Any oversizing required for water and sewer lines within
the District (required by City ordinance or action of the City
Planning and Zoning Commission or City Staff) occurring in the
normal subdivision process will entitle NPC to the normal and
customary reimbursement provided to any other developer.
ARTICLE V
DONATIONS OF LAND
NPC agrees to donate to the City approximately 14,000 square
feet of land located on Bowman Road, or located on a collector
street readily accessible to Bowman Road, for use as a fire
station/municipal services building.
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4
NPC also agrees to negotiate with the Round Rock ISD for the
sale of a elementary school site not to exceed ten (10) acres.
ARTICLE VI
INSPECTION SERVICES
NPC agrees to pay for all inspection costs incurred by the
City in connection with the construction by NPC, the District or
their assigns of all public improvements for the District.
ARTICLE VII
LAND USE AND DEVELOPMENT
A. NPC, its successors and assigns, covenant and agree that,
at the time the creation of the District is confirmed by the
residents of the District or prior to development of the
Property, whichever occurs first, the following restrictive
covenants, numbered one (1) through seven (7), shall be placed of
record in the Real Property Records of Williamson County, Texas,
in a form approved by the City Attorney, which covenants and
restrictions shall run with the property and be binding upon NPC,
and its successors and assigns:
1. The property shall be developed and maintained in a
manner which meets or exceeds the standards for landscaping set
out in the City's Landscape Ordinance, as codified in Chapter 3,
Section 10, Code of Ordinances, City of Round Rock, as amended
from time to time.
2. The property shall be developed and maintained in a
manner which meets or exceeds the standards set out in the City's
Stormwater Drainage Policy, as codified in Chapter 3, Section 11,
and Chapter 8, Code of Ordinances, City of Round Rock, as amended
from time to time.
3. Construction on the property shall be in compliance with
the City's Building Code, including but not limited to any
provisions thereof relating to construction in floodplains, the
City's Plumbing Code and the City's Electrical Code, as the same
may be amended from time to time. Inspection and approval of all
construction by the City Building Inspection Department for
compliance with this subsection 3 shall be required.
4. The subdivision of the property shall require approval of
subdivision plats by the City Planning Commission as provided by
Art. 974a V.T.C.S., as amended, and Chapter 8 of the Code of
Ordinances, City of Round Rock, as amended from time to time.
5. Any use of any portion of the property for a use or uses
other than single family residential, duplex residential, or
commercial, shall require site plan approval of such use(s) by
the Development Review Board in accordance with the site plan
review procedures and the development standards prescribed by
Chapter 11, Code of Ordinances, City of Round Rock. Such portion
of the property requiring site plan approval shall be developed
and maintained in a manner consistent with the approved site
plan.
6. Any City reviews, permits, approvals or inspections
required by these covenants and restrictions or necessary to
evidence compliance herewith shall require the payment to the
City of the standard fees for performing the same.
7. The erection, placement, size, and maintenance of
billboards and signs shall be in strict compliance with Chapter
4, Section 6, Code of Ordinances, City of Round Rock.
3
a
B. NPC, its successors and assigns, shall develop and
maintain the land within the District in accordance with the land
plan to be approved by and amended from time to time with the
concurrence of a majority of the members of the City Council of
the City and NPC, its successors and assigns (the "land plan") ,
except as otherwise hereinafter provided. The City Planning
Commission shall make a recommendation to the City Council on any
such proposed change in the land plan. Any decreases in land use
intensity or density shall not require approval by the Planning
Commission or City Council of the City, except as to plat
approval by the Planning Commission as provided above'.
C. NPC agrees to promptly petition for annexation a strip of
land to be adjacent to the eastern right of way boundary of F.M.
1460; said area to be at least the width of the additional right
of way needed for future widening of F.M. 1460 and to extend from
the southernmost boundary to the northernmost boundary of the
area to be included within the municipal utility district.
D. In furtherance of the purposes of this Agreement, NPC,
and its successors and assigns, covenant and agree to the extent
allowed by law, that except upon written consent of the City
Council it will not (1) seek or support any effort to incorporate
any land in the District, or any part thereof; or (2) sign, join
in, associate with, or direct to be signed any petition seeking
to incorporate any land in the District or to include any such
land within the boundaries of the City or any other incorporated
entity.
IN WITNESS WHEREOF each of the parties has caused this
Contract to be executed by its duly authorized representative, in
multiple copies, each of equal dignity, on the date or dates
indicated below.
CITY OF ROUND ROCK, TEXAS
By:
Mike Robinson, Mayor
Executed on: , 1984
NASH PHILLIPS-COPUS, INC.
By:
Its
Executed on: , 1984
CHANDLER CREEK LAND VENTURE,
A Texas Joint Venture Partnership
By:
Its
Executed on: , 1984
4
AGREEMENT CONCERNING CREATION AND OPERATION OF
THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
X
X KNOW ALL MEN BY THESE PRESENTS:
X
THAT FOR and in consideration of the mutual agreements,
conditions, and covenants contained herein, the City of Round Rock,
Texas (the "City"), The Meadows at Chandler Creek Venture, a Texas
joint venture ("Meadows"), and The Meadows at Chandler Creek
Municipal Utility District (the "District"), mutually contract and
agree as follows:
ARTICLE I
PARTIES
This is a contract between the City, acting through its Mayor,
Mike Robinson, as authorized by specific action of the Round Rock
City Council and Meadows, hereinafter referred to as Petitioner ,
the holder of legal title to all of the land comprising the
District, which consists of approximately 531.079 acres situated
wholly in Williamson County, Texas, and :ving within the extra-
territorial jurisdiction of the City, which property is described
on Exhibit "A" attached to the Petition for Consent to the Creation
of a Municipal Utility District ("Petition"), concerning the
Meadows at Chandler Creek Municipal Utility District ("District"),
a municipal utility district created by order of the Texas Water
Commission and operating pursuant to Chapter 54, Texas Water Code.
ARTICLE II
ISSUANCE OF BONDS BY DISTRICT
A. Water and wastewater trunk lineE to serve the District
will be constructed by the District pursuant to the Utility
Construction Contract between the City and the District, a copy of
which is attached hereto as Exhibit "A". The District is hereby
authorized to issue the bonds and notes described in the Utility
Construction Contract.
B. The District is hereby further authorized to issue bonds
and notes for the purpose of paying the cost of purchasing, con-
structing, acquiring, owning, operating, repairing, improving, or
extending the waterworks system, sanitary sewer system, and storm
sewer system, to he located within and serve the District.
C. The parties hereto acknowledge and agree that this
Contract has the effect of restricting the general statutory
purposes for which the. District may issue: bonds and notes. The
parties further recognize and agree that this Contract does not
restrict or limit the powers and authority of the District other-
wise to acquire, own, operate and maintain water or wastewater
systems, drainage facilities, recreational facilities, or any other
systems, facilities, assets or properties of or serving the
District. The District may use funds and. assets from any other
lawful source available to it to provide for such acquisition,
ownership, maintenance and operation, as well as to accomplish any
purpose and exercise any function, act, power or right authorized
by law. Such funds and assets shall include, without limiting the
generality of the foregoing, revenues from any of the systems,
facilities, properties and assets of the District not otherwise
committed for the payment of indebtedness of the District; ad
valorem taxes; maintenance taxes; loans, gifts, grants and dona-
tions from public or private sources; and revenues from any other
source lawfully available to the District.
6RA210:RA8f1 -1-
ARTICLE III
PARKLAND
Meadows agrees to contribute to the District not less than
thirty (30) acres of land for a park and to construct not less than
$250,000 worth of improvements within that park as detailed in a
"Park Plan" to be agreed to by the City and Meadows. Construction
of said improvements shall occur in stages as the District property
is developed. Upon annexation by the City, such park shall become
the property and responsibility of the City.
ARTICLE IV
UTILITIES IMPROVEMENTS
The utility improvements to be constructed outside the bound-
aries of the District shall be as detailed in the attached Utility
Construction Contract. The parties hereto agree to the following
credits and payments in connection with those improvements:
A. Off -Site Improvements
1. All off-site improvements will be built at no cost to the
City.
2. The over -size portion of such improvements, currently
estimated to be $472,600 worth of improvements, will be constructed
by Meadows. No subsequent User reimbursement will be paid to
Meadows for such improvements.
B. Oversize Fees
3. Meadows will pay the per lot wastewater oversize fee
required by the applicable City ordinance. Said payment will be
made within 30 days of the adoption by the City of the ordinance
granting consent to the creation of the District. Meadows will not
be entitled to any subsequent reimbursement for the Chandler Creek
Interceptor by later Users. Any such oversize charges collected by
the City for the Chandler Creek Interceptor shall remain the
property of the City.
4. Meadows will pay the per lot water oversize fee, as
required by the applicable City ordinance, and said fee will be
paid at the time required by City ordinance. Meadows may be
entitled to reimbursement from the payment of subsequent User
oversize fees in accordance with applicable City ordinances.
C. Required On -Site Oversize Construction
5. Any oversizing required for water and sewer lines within
the District (required by City ordinance or action of the City
Planning and Zoning Commission or City Staff) occurring in the
normal subdivision process will entitle Meadows to the normal and
customary reimbursement provided to any other developer.
ARTICLE V
Meadows agrees to donate to the City approximately 14,000
square feet of land located on Bowman Road, or located on a
collector street readily accessible to Bowman Road, for use as a
fire station/municipal services building.
Meadows also agrees to negotiate with the Round Rock ISD for
the sale of an elementary school site not to exceed ten (10) acres.
6RA210:RA8f1 -2-
ARTICLE VI
INSPECTION SERVICES
Meadows agrees to pay for all inspection costs incurred by the
City in connection with the construction by Meadows, the District
or their assigns of all public improvements for the District.
ARTICLE VII
LAND USE AND DEVELOPMENT
A. Meadows, its successors and assigns, covenant and agree
that, at the time the creation of the District is confirmed by the
residents of the District or prior to development of the Property,
whichever occurs first, the following restrictive covenants,
numbered one (1) through seven (7), shall be placed of record in
the Real Property Records of Williamson County, Texas, in a form
approved by the City Attorney, which covenants and restrictions
shall run with the property and be binding upon Meadows, and its
successors and assigns:
1. The property shall be developed and maintained in a
manner which meets or exceeds the.standards for landscaping set out
in the City's Landscape Ordinance, as codified in Chapter 3,
Section 10, Code of Ordinances, City of Round Rock, as amended from
time to time.
2. The property shall be developed and maintained in a
manner which meets or exceeds the standards set out in the Citv's
Stormwater Drainage Policy, as codified in Chapter 3, Section 11,
and Chapter 8, Code of Ordinances, City of Round Rock, as amended
from time to time.
3. Construction on the property shall be in compliance with
the City's Building Code, including but not limited to any provi-
sions thereof relating to construction in floodplains, the City's
Plumbing Code and the city's Electrical Code, as the same may be
amended from time to time. Inspection and approval of all con-
struction by the City Building Inspection Department for compliance
with this subsection 3 shall be required.
4. The subdivision of the property shall require approval of
subdivision plats by the City Planning Commission as provided by
Art. 974a V.T.C.S., as amended, and Chapter 8 of the Code of
Ordinances, City of Round Rock, as amended from time to time.
5. Any use of any portion of the property for a use or uses
other than single family residential, duplex residential, or
commercial, shall require site plan approval of such use(s) by the
Development Review Board in accordance with the site plan review
procedures and the development standards prescribed by Chapter. 11,
Code of Ordinances, City of Round Rock. Such portion of the
property requiring site plan approval shall be developed and
maintained in a manner consistent with the approved site plan.
6. Any City reviews, permits, approvals or inspections
required by these covenants and restrictions or necessary to
evidence compliance herewith shall require the payment to the City
of the standard fees for performing the same.
7. The erection, placement, size, and maintenance of bill-
boards and signs shall be in strict compliance with Chapter 4,
Section 6, Code of Ordinances, City of Round Rock.
B. NPC, its successors and assigns, shall develop and
maintain the land within the District in accordance with the land
plan to be approved by and amended from time to time with the
concurrence of a majority of the members of the City Council of the
City and NPC, its successors and assigns (the "land plan"), except
as otherwise hereinafter provided. The City Planning Commission
6RA210:RA8f1 -3-
shall make a recommendation to the City Council on any such pro-
posed change in the land plan. Any decreases in land use intensity
or density shall not require approval by the Planning Commission or
City Council of the City, except as to plat approval by the
Planning Commission as provided above.
C. Meadows agrees to promptly petition for annexation a
strip of land to be adjacent to the eastern right of way boundary
of F.M. 1460; said area to be at least the width of the additional
right of way needed for future widening of F.M. 1460 and to extend
from the southernmost boundary to the northernmost boundary of the
area to be included within the municipal utility district.
D. In furtherance of the purposes of this Agreement,
Meadows, and its successors and assigns, covenant and agree to the
extent allowed by law, that except upon written consent of the City
Council it will not (1) seek or support any effort to incorporate
any land in the District, or any part thereof; or (2) sign, join
in, associate with, or direct to be signed any petition seeking to
incorporate any land in the District or to include any such land
within the boundaries of the City or any other incorporated entity.
IN WITNESS WHEREOF each of the parties has caused this
Contract to be executed by its duly authorized representative, in
multiple copies, each of equal dignity, on the date or dates
indicated below.
CITY OF ROUND ROCK, TEXAS
B y : 77A,,�G�-.-.�
Mike Robinson, Mayor
Executed on:
June 26
THE MEADOWS AT CHANDLER CREEK
VENTURE, a Texas joint venture
, 1986
BY: NASH PHILLIPS/COPUS, INC., Managing
Venturer
By:
. Davis
Exe '!"ed on:
, its Senior Vice
President
, 1986
THE MEADOWS AT CHANDLER CREEK
By:
aymond
Preside
UTILITY DISTRICT
Gi1.l,
Board o
Directors
Executed on: J , 1986
6RA210:RA8f1 —4—
AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND
THE MEADOWS AT CHANDLER CREEKMUNICIPAL UTILITY DISTRICT
The State of Texas
• Know All Men By These Presents:
County of Williamson
THAT FOR and in consideration of the mutual agreements,
conditions, and covenants contained herein, the City of Round
Rock, Texas (the "City"), and The Meadows At Chandler Creek
Municipal Utility District (the "District"), mutually
contract and agree as follows:.
1. The City agrees to sell and to deliver water within
the boundaries of the District for domestic and commercial
uses, such water to be supplied from the City's water
distribution system as extended by the District pursuant to
the Construction Contract. "Water" as used in this section
means potable water meeting the requirements of the Texas
Department of Health for human consumption and other domestic
uses. The City presently has an adequate water supply to
provide service to the District. The District specifically
agrees that the supply of water to the District residents may
be reasonably limited by the City on the same basis and to
the same extent as the. supply of water to any other customers
within the City. The District shall promote compliance with
the City's water conservation ordinances, as amended from
time to time. The District agrees that the City will be the
sole source of water to the District and that the District
and that the District will not seek to develop its own wells,
except in the event the City is no longer able to provide
water service.
2. On behalf of the District, the City agrees to sell
and deliver water service to the Users within the District.
Said sales will be directly to the residents of the District,
and no master meter will be installed for billing purposes.
The rates charged by the City to the District for Users of
the District for water actually delivered pursuant to this
agreement shall be 1.65 times the amount charged by the City
for comparable users within the City, as established from
time to time, by the Round Rock City Council; also, the base
charge shall be one dollar ($1.00) over the base water charge
charged by the City for comparable users within the City, as
established from time to time, by the Round Rock City Council.
3. During construction of all public improvements and
construction of all private structures, the City shall sell
water at in -city bulk rates to contractors and subcontractors
through appropriate identified fire hydrants.
4. The City agrees to receive, treat, collect, and
dispose of sewage within the boundaries of the District, such
sewage to be collected into the City's sanitary sewer trunk
line as extended by the District pursuant to the Utility
Construction Contract. The District specifically agrees that
the treatment of sewage received from the District may be
reasonably limited by the City on the same basis and to the
same extent as the treatment of sewage received from any
other customer within the City. The District agrees that the
City will be the sole source of sewage treatment service to
the District and that the District will not seek to construct
its own treatment facilities, except in the event the City is
no longer able to provide sewer treatment service.
5. The City agrees to sell wastewater collection and
treatment services to the Users within the boundaries of the
District. The rates charged by the City to the District for
such Users within the District for wastewater services
pursuant to this agreement shall be 1.65 times the amount
charged by the City for comparable Users within the City, as
established from time to time, by
City
Council; also, the base wastewater charge eshallnd be onekdollar
($1.00) over the base wastewater charge charged by the City
for comparable Users within the City as established from time
to time, by the Round Rock City Council.
6. The District agrees to pay the City to make all
utility repairs, and maintain all facilities, for all such
District improvements, and payment will be made in accordance
with the schedule attached hereto as Exhibit "A".
7. The District agrees to set and maintain water and
wastewater rates sufficient.to pay the following:
a. To pay for water and wastewater services
delivered by the City pursuant to this
Agreement, an amount equal to 1.65 times the
amount charged by the City for comparable Users
within the City, as. established. from time to
time, by the Round Rock City Council; also the
minimum charge for water and wastewater services
shall each be one dollar ($1.00) over the
minimum water charge and wastwater charge,
respectively, charged by the City for comparable
Users within the City, as established from time
to time, by the Round Rock City Council.
b. To pay for utility repairs and maintenance of
facilities by the City pursuant to this
Agreement, an amount sufficient to make payment
to the City in accordance with the schedule
attached hereto.
c. For all other operation and maintenance
expenses, an amount sufficient to meet such
expenses as they come due.
d. For debt service on any bonds issued by the
District, an amount as deemed appropriate by the
Board of Directors of the District.
8. The District agrees to supply the City with a copy of
each action by the District setting the rate pursuant to
Paragraph 9 within seven (7) days of such action. On behalf
of the District, the City shall perform all services required
to collect said charges directly from the Users, including
the reading of meters, billing of Users, and collection of
charges. Billings and payments will be rendered to Users of
the District in substantial compliance with the procedures
established in the City of Round Rock ordinances, as now in
effect or hereafter amended.
9. The City will retain for its own account as payment
for water, wastewater services and repair and maintenance of
the District's facilities all money collected from the Users
of the District pursuant to Paragraphs 7(a) and (b). All
other moneys collected by the City shall be remitted to the
District's account for use by the District and shall be
hereinafter referred to as "Net Revenues".
-2-
10. The City acknowledges that any bonds issued by the
District may be secured by a pledge of the Net Revenues from
the operation of the District's water and sewer and/or
drainage systems, and the City covenants to cooperate with
the District and assist in the computation of revenue and
expenses of such systems.
11. The City agrees to provide fire protection services
comparable to the service rendered to residents within the
City for all residents and structures, such services to be
provided by the City fire department authorized to perform
comparable services for the City residents and facilities.
The cost of said services shall be billed by the City to the
residents and other users as follows:
a. For all single family residences, duplexes, and
commercial users the rate shall be $9.00 per
month for each metered unit serviced.
b. For all multifamily users, the rate shall be the
greater of $9.00 per month for each metered unit
serviced or for each LUE as calculated pursuant
to Chapter 10, Section 4.A (6)(a), Code of
Ordinances, City of Round Rock.
The City shall perform all services necessary to collect said
charges directly from the User, including the billing of
Users and collection of charges. Such charge shall be
included on the bill with the base rate charges for water and
wastewater services.
12. The City shall furnish garbage service to all Users
of the District on a comparable basis to that offered for
City residents and at the same rate charged residents within
the City. Further, the City shall bill all Users directly,
and shall collect all funds due for garbage service directly
from said Users.
13. When a bond issue of the District becomes rated by
Moody's and/or Standard and Poor's, it is agreed that the
District shall apply for an appropriate amount of bond
insurance for that and all subsequent rated issues. It is
agreed that the District will use its best efforts to -secure
ratings for its issues.
14. Except as provided in the Utility Construction
Contract, the District may not construct or install water or
wastewater lines or facilities to serve the area outside the
District, or sell or deliver City water or wastewater service
to areas outside the District, or annex any additional lands
to the District without the prior approval of the Round Rock
City Council.
15. The City shall not be liable to the District or any
utility User of the District for the failure of the City to
provide water, sewer, fire or garbage service where the
failure results from Force Majeure. The term "Force Majeure"
as employed herein, shall mean acts of God, strikes,
lockouts, or other industrial disturbances, act of public
enemy, orders of any kind of the Government of the United
States or the State of Texas or any civil or military
authority, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraint of government and
people, civil disturbances, explosions, breakage or accidents
-3-
to machinery, pipelines, or canals, or other causes not
reasonably within the control of the City. It is understood
and agreed that the settlement of strikes and lockouts shall
be entirely within the discretion of the'City, and that the
above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement
of strikes and lockouts by acceding.to the demands of the
appraising party or parties when such settlement is
unfavorable in the judgment of the City.
16. The District agrees that it shall issue bonds,
notes, or other obligations only for the purposes and in the
manner provided by this Agreement. It is specifically agreed
however, that the District's bonds, when issued, may be
secured by a pledge of the District's taxes or Net Revenues
or both.
17. The District agrees that at least 90% of the
facilities and amenities for which the District bonds have
been authorized will be installed within twelve (12) years
from the date of execution of this Contract by the District.
If such facilities are installed,prior to such date, the City
may annex the District at any time thereafter. In the event
the District violates the terms and provisions of the City's
written consent, as set forth herein, the City shall be
entitled to injunctive relief or a writ of mandamus issued by
a court of competent jurisdiction restraining, compelling or
requiring the District and its officials to observe and
comply with the terms and provisions prescribed in the City's
written consent to the inclusion of land within the District,
as provided in Article 54.016 of the Texas Water Code. In
addition to the remedies provided in said Article, if
installation of 90% or more of the facilities and amenities
for which District bonds have been authorized has not been
accomplished within the twelve (12) year period, the City, at
its option, may revoke its authorization for or approval of
the installation of any further facilities or amenities and
also may revoke its authorization for the issuance of the
balance of the District's unissued bonds; provided, however,
that the City's right to revoke such authorization may be
exercised only if the City concurrently annexes the entire
District as it then exists; and provided further that, if the
installation of any items of authorized facilities has
commenced in good faith in compliance with and in reliance on
the provisions hereof and is in progress at the time the City
proposes to revoke such authorizations, the annexation of the
District to the City and the revocation of such
authorizations shall be postponed until the installation of
the items has been completed and the purchase of such items
with the proceeds from the sale of District
funds of the District has been accomplished. Ats any or other
following the installation of the requisite percentage of
District facilities, the annexation process may be completed
and the District included within the corporate boundaries of
the City. The District shali be dissolved on the date and in
the manner specified in the ordinance completing such
annexation, but in no event more than ninety (90) days after
the effective date of such annexation. Upon the dissolution
of the District, the City shall immediately succeed to all
properties, powers, duties, assets, debts, liabilities, and
obligations of the District.
18. After annexation of the District into the City, the
City may collect a surcharge in addition to the rates of
water and sewer services for property that was within the
territorial boundaries of the District at the time of
annexation, as provided by Section 54.016 (h) of the Texas Water
Code. Such surcharge shall be calculated according to the criteria
and formula provided. for in Exhibit "B" attached hereto and
incorporated herein by reference. The surcharge may continue until
the City has been wholly compensated for its assumption of the debt
service on the Bonds of the District.
19. All contract obligations and responsibilities of the
District under this Contract shall terminate when the area within
the District is annexed to the City.
20. All Water, wastewater, and drainage facilities to be
acquired or constructed by the District may be constructed by NPC,
with the consent of the District. Neither NPC nor the District
shall commence construction of any facility unless the plans and
specifications for such facility have been approved by the City,
the Texas Department of Water Resources, the Texas Department of
Health, where applicable, and all other governmental agencies
having jurisdiction. Upon issuance and sale of its bonds for such
purposes, the District shall pay NPC the cost of construction of
any such facilities constructed by NPC to the extent authorized by
the Texas Department of Water Resources and permitted by the City
agreement hereunder. To the extent the District is not permitted
to pay NPC for any such facilities, NPC shall dedicate the
facilities to the District without compensation.
21. Easements and rights-of-way needed for District purposes
within the District will be dedicated to the District by NPC or its
assigns. The District may acquire land from NPC in accordance
with the rules of the Texas Department of Water Resources. Land
and rights-of-way outside the District needed by the District may
be acquired by the District in accordance with the usual and
customary public purchasing standards and procedures applicable to
the District.
22. This Contract shall be effective from the date of
execution hereof by the City and shall continue in effect for a
period of forty (40) years. This Contract may be executed by the
City prior to creation of the District and shall be binding upon
the City of a period of one year such execution by the City pending
creation and confirmation of the District. Upon said creation and
approval and execution of this Contract by the District, it shall
thereafter be binding upon the parties in accordance with its
terms.
IN WITNESS WHEREOF, each of the parties hereto has caused this
agreement to be executed by its undersigned duly authorized
representative, in multiple copies, each of equal dignity, as of
the date hereinabove first mentioned.
Attest: 1 1
J V: nne Land
C ty Secretary
Attes
J•.' n H. Pratt
•secretary
6RA101:RA5f1
CITY OF ROUND ROCK, TEXAS
By:
Mike Robinson, Mayor
Executed on: June 26, 1986
THE MEADOWS AT CHANDLER CREEK
M,IICIPAL ILITY DISTRICT
By:
Raymond A Gill, Jr.-(", Presiden
Board of i rectors
Executed on: June 19, 1986
EXHIBIT A
AVERAGE COST FOR VARIOUS TYPES
OF WATER AND SEWER MAINTENANCE REPAIRS
TYPE:
1. Water Service Break Behind Curb
2. Water Main Break Behind Curb
3. Water Tap Behind Curb
4. Water Main Break in Street
5. Sewer Tap Behind Curb
6. Sewer Line Repair Behind Curb
7. For Small Street Repair (4' x 30')
8. For Street Repair Overlay (4 hrs.)
COST:
$350.31
420.55
409.92
692.94
390.76
376.76
588.30
$905.88
NOTE: These cost do not reflect any more than routine repairs during normal
working hours. There would be additional charges for overtime, standby
pay, rental equipment or extraordinary supplies or personnel with
equipment to complete the job in question. All above listed costs
are subject to annual review and update by December 31st of each year.
EXHIBIT B
MONTHLY SURCHARGE CALCULATION
Monthly surcharge formula
A + F = monthly surcharge
12 x D
A = Annual Debt Service Requirement for that calendar year for
District Bonds
D = Number of residents and other users in the District on
December 31 of the preceeding year as determined in accordance
with Section 11 of the contract to which this Exhibit is
attached.
F = Fees required in connection with the bonds
The surcharge will be imposed on the date annexation occurs and
will be calculated on the annexation date pro rata for the
remainder of that calendar year and on January 1 of each
succeeding year for the months in that calendar year. The amount
actually charged for a monthly surcharge shall not exceed $50.00.
In the event the above formula provides for a monthly surcharge
in excess of $50.00, the monthly surcharge for that month and
each succeeding month shall be $50.00 until such time as the
amount collected pursuant to the monthly surcharge is equal to
the amount which would have been collected pursuant to the
monthly surcharge formula but for the ceiling of $50.00per
month. The monthly surcharge shall be billed by the city as an
addition to the users residing in the district after annexation
in accordance with the contract to which this Exhibit is
attached.
UTILITY CONSTRUCTION CONTRACT
BETWEEN
CITY OF ROUND ROCK, TEXAS
THE MEADOWS AT CHANDLER CREEK MUNICIPAI, UTILITY DISTRICT
This Contract is entered into as of the 26th day of
June , 1986, by and between the CITY OF ROUND ROCK,
TEXAS (the "City"), a Home Rule City located in Williamson
County, Texas, and THE MEADOWS AT CHANDLER CREEK MUNICIPAL
UTILITY DISTRICT (the "District"), a district created pursuant to
Aricle XVI, Section 59 of the Texas Constitution and operating
under the provisions of Chapter 54, Texas Water Code.
RECITALS
WHEREAS the City operates a water supply system and a
sanitary sewer collection and treatment system serving areas
within and adjacent to the City and;
WHEREAS the District desires to obtain access to the City's
water supply in order to provide a dependable supply of potable
water for the District and access to the City's sanitary sewer
system in order to provide for the transportation, treatment, and
disposal of sewage from within the District, and
WHEREAS the District is authorized by Chapter 54, Texas
Water Code to purchase, construct and acquire, inside or outside
its boundaries, works, improvements, and facilities helpful or
necessary to supply water for municipal uses, domestic uses, and
commercial purposes and to collect, transport, and dispose of
wate, and
WHEREAS the Board of Directors of the District has deter-
mined that it is in the best interest of the District to
cooperate with the City in the acquisition and construction of
extensions to the City's water supply and sanitary sewer
collection facilities, and
WHEREAS the City has determined that it is appropriate to
provide water and sanitary sewer service within said area to
protect the health and welfare of present and future residents
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of the area and of portions of the City in proximity thereto,
and
WHEREAS the City and the District are authorized to make
and enter into this Contract by Article 1109j, Texas Civil
Statutes, as amended.
NOW THEREFORE, in consideration of the the premises and
the mutual obligations and benefits herein contained, the City
and the District contract and agree as follows:
AGREEMENT
Section 1. DEFINITIONS. The terms and expressions used
in this Contract, unless the context shows clearly otherwise,
shall have meanings as follows:
(a) "Project" means the water main and sanitary sewer
main extensions and improvements described in Exhibit
"A" attached to this Contract. The exact alignment
and configuration of the extensions may vary depend-
ing upon the final engineering design which shall be
approved by consulting engineers for the District and
the Directors or acting Directors of the City's Water
and Wastewater and Public Works Departments.
(b) "Board" and "Board of Directors" means the Board of
Directors of the District.
(c) "Bonds" means the bonds or notes issued by the
District for acquiring, by purchase and/or construc-
tion, the Project, whether in one of more series or
issues.
(d) "Bond Resolution" means any resolution of the Board
of Directors authorizing the issuance of Bonds and
providing for their security and payment, as such
resolutions(s) may be amended from time to time as
therein permitted.
Section 2. OBLIGATION OF DISTRICT TO ACQUIRE. Subject to
the limitations set forth herein, the District will acquire, by
purchase and/or construction, the Project and agrees to pay
•
and will pay, all of the actual costs of acquiring the Project
through the issuance of Bonds to provide the money for such
payment, all in the manner hereinafter described. The District
agrees to proceed promptly to obtain the necessary approvals to
issue the Bonds and acquire the Project. Upon obtaining said
approvals, the District will proceed promptly to issue and sell
the Bonds and thereafter to purchase and/or construct the
Project as soon as practicable, but shall not be liable for any
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damages occasioned by delays in completion of
Section 3. DISTRICT'S BOND RESOLUTION.
the sale of the Bonds will be used to pay all
expenses and costs in connection with the
Bonds, including, without limitation, all
printing, and other expenses incurred
the Project.
The proceeds from
of the District's
Project and the
financing, legal,
in connection with the
issuance, sale, and delivery of the Bonds.
issued in an amount sufficient to cover
Project and all the aforesaid expenses and
Such Bonds will be
the costs of the
to provide for the
payment of interest on the Bonds for a period not to exceed two
(2) years. A substantial draft of each Bond Resolution of the
District, showing the principal amount, maturities, the funds
created, and other pertinent features with respect to the Bonds
authorized thereby, must be delivered to and approved by the
City prior to the delivery to the purchaser of any Bonds
authorized by such Bond Resolution; and the approval of such
draft by the City
will Constitute
agreement by the City that
the amount of the Bonds and all provisions of the Bond Resolu-
tion are in compliance with this Contract in all respects.
Section 4. CONSULTING ENGINEERS. The District and the
City shall agree on the "Consulting Engineers" for the Project
and the Project will be constructed in accordance with plans
and specifications which
have been prepared by the Consulting
Engineers and approved by the City. It is
the Consulting Engineers may be changed,
agreement of both the District and the City.
Section 5. ACQUISITION CONTRACT; BOND PROCEEDS. The
District may enter into such contracts as are necessary to
provide for acquiring, by purchase and construction, the entire
Project, and said contracts shall be approved and executed as
further agreed that
but
only
with the
required by the laws and
regulations
applicable to municipal
utility districts and shall be awarded by competitive bidding
as directed by the City. In addition, each such contract must
be submitted to and approved by the City prior to execution by
the District. The District shall deposit all proceeds from the
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sale of Bonds (after deducting therefrom any amounts required
to be deposited into any fund created by a Bond Resolution and
the amount of all expenses of issuing the Bonds) into a
Construction Fund, at a depository of the District. The Dis-
trict shall draw on and use said Contruction Fund to pay the
costs of acquiring the Project, provided that expenditures from
the Construction Fund must be for project costs recommended for
payment by the Consulting Engineers. Any Bond proceeds remain-
ing in the Construction Fund after completion of the Project
shall be deposited into the debt service fund created by the
Bond Resolution.
Section 6. OWNERSHIP AND OPERATION. Upon completion of
the purchase and construction of the portion of the Project
outside the boundaries of the District, the City shall become
the owner of that portion of the Project after final acceptance
by the City and will thereafter operate and maintain that
portion of the Project at its expense. The City hereby reserv-
es the oversize capacity of certain improvements within the
boundaries of the Disrict, as described on Exhibit "A", to he
owned by the District.
Section 7. INSURANCE. During such time as the District or
its contractors engage in construction work in relation to the
Project, the District agrees to require all contractors per-
forming work to provide adequate insurance in relation to the
Project and work being performed as is usually carried by
contractors constructing like properties and also require all
contractors to carry worker's compensation insurance. Upon
completion of construction of the Project and the dedication
thereto the the City under the terms hereof, the City agrees to
carry insurance on the Project of a kind an in an amount which
are customarily carried by municipal corporations in relation
to the ownership and operations of utility properties.
Section 8. CONDITIONS PRECEDENT. The obligation of the
District to acquire the Project shall be conditioned upon the
following:
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the City authorizes use by the District of any and all real
property, streets, alleys, public ways and places, and general
utility or water easements of the City for acquisition and
construction of the Project, so long as such use by the Dis-
trict does not interfere with any lawful use by the City. The
City further agrees that it will provide right-of-way for the
Project and will proceed immediately to acquire any necessary
right-of-way by purchase, contract or condemnation. The City's
costs of acquiring such right-of-way shallbe considered
Project costs and will be reimbursed by the District out of
Bond proceeds.
Section 10.
(a) Approval of the Project by the Texas Department of
Water Resources, Texas Department of Health, and any
and all other local, state or federal agencies having
jurisdiction; and
(b) Sale of Bonds in an amount sufficient to pay the
costs of the acquisition of the Project and .the
expenses of issuing the Bonds; and
(c) The District's ability, or the ability of its con-
tractors, to obtain all material, labor, equipment
necessary for the Project.
Section 9. USE OF CITY'S PROPERTY. By these presents,
FORCE MAJEURE. If, by reason of Force
Majeure, any party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Contract then such
party shall give notice and full particulars of such Force
Majeure in writing to the other party within a reasonable time
after occurrence of the event or cause of relied upon, and the
obligation of the party giving such notice, so far as it is
affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as herein-
after provided; but for no longer period, and any such party
shall endeavor to remove or overcome suchinability with all
reasonable dispatch. The term
Force Majeure as employeed
herein, shall mean acts of God, strikes, lockouts, or other
industrial disturbances, act of public enemy, orders of any
kind of the Government of the United States or the State of
Texas or any civil or military authority, insurrections, riots,
epidemics, landslides, lightning, earthquake, fires, hurri-
canes, storms, floods, washouts, droughts, arrests, restraint
of government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines, or canals, or
other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and that the
above requirement that any Force Majeure shall be remedied with
all reasonable dispatch shall not require the settlement of
strikes and lockouts by acceding to the demands of the opposing
party or parties when such settlement is unfavorable in the
judgment of the party having the difficulty.
Section 11. REGULATORY BODIES. This Contract, and the
acquisition of the Project, shall be subject to all valid
rules,
regulations, and laws applicable thereto passed or
promulgated by the United States of America, the State of
Texas, or any governmental body or agency having lawful juris-
diction or any authorized representative thereof.
Section 12. PARTIES IN INTEREST. This Contract shall be
for the sole and exclusive benefit of the City and the District
and shall not be construed to confer any benefit or right upon
any other parties.
Section 13. SEVERABILITY. The provisions of this Con-
tract are severable, and if any word, phrase, clause, sentence,
or other part of this Contract or the
to any person or circumstances shall ever
of competent jurisdiction to be invalid or
any reason, the remainder of this Contract
paragraph, section
application thereof
be held by any court
unconstitutional for
and the application
of such word, phrase,
clause, sentence,
paragraph, section or other part of this Contract to other
persons or circumstances shall not be affected thereby.
6
Section 14. TERM OF CONTRACT. This Contract shall be in
force and effect until the Project is completed and accepted in
whole by the City pursuant to Section 6 hereof, at which time
this Contract shall terminate, provided that in no event shall
the term of this Contract exceed forty (40) years.
Section 15. EXECUTION OF CONTRACT. This Contract may be
executed by the City prior to the creation of the District and
shall be binding upon the City for a period of one (1) year
pending creation and confirmation of the District. Upon said
creation, and approval and execution of this Contract by the
Board of Directors thereof, it shall thereafter be binding upon
all parties in accordance with its terms.
IN WITNESS WHEREOF, the District and the City, acting under
authority of their respective governing bodies, have caused
multiple copies of this Contract to be duly executed, each of
such copies to be of equal dignity, all as of the date and year
first herein written.
CITY OF ROUND ROCK
B y : 2 ^ /'l ✓LZti-,^
Mike Robinson, Mayor
THE MEADOWS AT CHANDLER CREEK
M `•► TILITY DISTRI T
By:
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