R-01-09-27-15B1 - 9/27/2001 RESOLUTION NO. R-01-09-27-15B1
WHEREAS, the City of Round Rock desires to retain professional
legal services for the evaluation of development agreements with
regards to the imposition of road impact fees, and
WHEREAS, Morgan & McCool, P. C. has submitted a letter agreement
to provide said services, and
WHEREAS, the City Council wishes to enter into said letter
agreement with Morgan & McCool , P.C. , Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a letter agreement with Morgan & McCool, P. C . for
legal services for the evaluation of development agreements with
regards to the imposition of road impact fees, a copy of said letter
agreement being attached hereto as Exhibit "A" and incorporated herein
for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act , Chapter 551, Texas
Government Code, as amended.
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R10927B1.WPD/sc
RESOLVED this 27th day of September, 2001 .
4RO RT A. STLUKA, JR. , Mayor
City of Round Rock, Texas
AT ST :
J " A44�
LAND, City Secretary
2 .
MORGAN & MCCOOL, P.C.
ATTORNEYS AND COUNSELORS
TERRY D.MORGAN TELEPHONE(214)740-9944
G.WALTER MCCOOL 1930 THANKSGIVING TOWER FACSIMILE(214)740-9977
GARY S.SPENCER(OF COUNSEL) 1601 ELM STREET DALLAS,TEXAS 75201 morgan@morganmccool.com
Via Facsimile & Regular Mail
LETTER AGREEMENT
September 10, 2001
Mr. Joseph L. Vining
City Planning Director
City of Round Rock Planning& Development
221 East Main Street
Round Rock, TX 78664
Re: Professional Services
Development Agreements
Dear Joe:
This letter constitutes our proposal for rendering legal services to the City relating to the
evaluation of development agreements as a means of assuring adequate road facilities in advance of
annexation. The scope of legal services may be generally described as assisting you and the City
Attorney prepare a model development and annexation agreement addressing provision of essential
public facilities and services, and in particular, road facilities, in advance of annexation and in
support of a proposed development presently located outside city limits. Morgan and McCool,P.C.
("MMPC") will advise the City concerning legal issues arising from use of such agreements,
including in particular the effect of the agreements on the imposition of impact fees for roadways,
and will assist the City Attorney in drafting provisions to effect the City's intent with respect to such
agreements.
MMPC will perform such services as directed by you or the City Attorney on an"as needed"
basis. The City will compensate MMPC on a time and expenses basis. Legal services will be
rendered by Terry D. Morgan at the rate of$200/hour and at $150 per hour for G. Walter McCool.
Invoices will be sent to the City on a monthly basis,with payment to be rendered within thirty days
of receipt.
EXHIBIT
nA"
Mr. Joseph L. Vining
September 10, 2001
Page 2
If you agree with the description and terms of the legal services herein set forth, please
acknowledge a copy of this letter and return it to me. I have executed duplicate originals of the
letter.
If you have questions or changes, please do not hesitate to contact me. I look forward to
working with the City on this matter.
Sincerely,
MORGAN& MCCOOL, P. C.
Terry D. Morgan
TDM:dcc
ACKNOWLEDGMENT:
By:
Title:
vining k 9-10-0l.wpd
DATE: September 21, 2001
SUBJECT: City Council Meeting— September 27, 2001
ITEM: 15.B.1. Consider a resolution authorizing the Mayor to execute a Letter
Agreement with Morgan & McCool, P.C.for professional legal
services for the evaluation of development agreements.
Resource: Joe Vining, Planning Director
History: The City contracted with Parsons Transportation Group to prepare a
Transportation Impact fee study for the NE portion of the Round Rock ETJ.
Morgan and McCool, P.C. was part of the team preparing that study. In the
study process is was revealed that an annexation agreement would be required as
an interim step to permit developments to proceed prior to the adoption of the
impact fee study. This is separate from the Impact Fee contract.
Funding:
Cost: Not to exceed $12,000.00 without additional authorization, to provide services
for the Planning Department and/or the City Attorney on an"as needed"basis.
Outside Resources: Morgan &McCool, P.C.
Impact: Maximum $12,000 from 1998 G.O. Bonds Interest.
Benefit: Permits development to proceed without lengthy delays and will assist with the
cost of constructing roads required to support that development.
Public Comment: None
Sponsor: Planning and Community Development Department
EXECUTED
DOCUMENT
FOLLOWS
ORIGINAL
MORGAN & MCCOOL, P.C.
ATTORNEYS AND COUNSELORS
TERRY D.MORGAN 1930 THANKSGIVING TOWER TELEPHONE(214)740-9944
G.WALTER MCCOOL 1601 ELM STREET FACSIMILE(214)740-9977
GARY S.SPENCER(OF COUNSEL) DALLAS,TEXAS 75201 morgan@morganmccool.com
Via Facsimile & Regular Mail
LETTER AGREEMENT
September 10, 2001
Mr. Joseph L. Vining
City Planning Director
City of Round Rock Planning& Development
221 East Main Street
Round Rock, TX 78664
Re: Professional Services
Development Agreements
Dear Joe:
This letter constitutes our proposal for rendering legal services to the City relating to the
evaluation of development agreements as a means of assuring adequate road facilities in advance of
annexation. The scope of legal services may be generally described as assisting you and the City
Attorney prepare a model development and annexation agreement addressing provision of essential
public facilities and services, and in particular, road facilities, in advance of annexation and in
support of a proposed development presently located outside city limits. Morgan and McCool,P.C.
("MMPC") will advise the City concerning legal issues arising from use of such agreements,
including in particular the effect of the agreements on the imposition of impact fees for roadways,
and will assist the City Attorney in drafting provisions to effect the City's intent with respect to such
agreements.
MMPC will perform such services as directed by you or the City Attorney on an"as needed"
basis. The City will compensate MMPC on a time and expenses basis. Legal services will be
rendered by Terry D. Morgan at the rate of$200/hour and at$150 per hour for G. Walter McCool.
Invoices will be sent to the City on a monthly basis,with payment to be rendered within thirty days
of receipt.
Mr. Joseph L. Vining
September 10, 2001
Page 2
If you agree with the description and terms of the legal services herein set forth, please
acknowledge a copy of this letter and return it to me. I have executed duplicate originals of the
letter.
If you have questions or changes, please do not hesitate to contact me. I look forward to
working with the City on this matter.
Sincerely,
MORGAN& MCCooL,P. C.
)A-7
Terry D. Morgan
TDM:dcc
ACKNOWLEDGMENT:
By:
Title:
vining k 9-10-01.wpd