HomeMy WebLinkAboutRES 080823-5.B - Parmer RanchRESOLUTION NO. p$d69.3 -6:S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS APPROVING THE "FIRST AMENDMENT TO
AMENDED AND RESTATED CONSENT AGREEMENT" AND
"SECOND AMENDMENT TO WASTEWATER SERVICES
AGREEMENT" BETWEEN THE CITY, PARMER RANCH PARTNERS,
L.P., AND NORTHWEST WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO.2 RELATING TO THE TIME FOR PAYMENT
OF IMPACT FEES; MAKING CERTAIN FINDINGS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown (" ly,"), Parmer Ranch Partners, L.P., ("Owner")
and Northwest Williamson County Municipal Utility District No. 2 ("District") (collectively, the
"Parties") are parties to that certain "Amended and Restated Consent Agreement" dated to be
effective January 28, 2020 and recorded as Document No. 2020035838 in the Official Public
Records of Williamson County, Texas pertaining to creation of Northwest Williamson County
Municipal Utility District No. 2 and development of approximately 454 acres land in the District
referred to therein as the "Land."
WHEREAS, the Parties are also parties to that certain "Wastewater Services Agreement"
dated to be effective on December 15, 2015 and recorded as Document No. 2016001483 in the
Official Public Records of Williamson County, Texas (the "Original Wastewater Agreement"), as
amended by the "First Amendment to Wastewater Services Agreement " dated to be effective on
May 14, 2019 recorded as Document No. 2019092164 in the Official Public Records of
Williamson County, Texas (the "First Amendment") The Original Wastewater Agreement as
amended by the First Amendment are referred to collectively herein as the "Wastewater
Agreement."
WHEREAS, Owner has requested that Section 6.17(a) and 6.17(b) of the Amended and
Restated Consent Agreement and that Section 4.01(a) of the Wastewater Agreement be amended
to provide that the Water Impact Fee and Wastewater Impact Fee be collected at the time of
building permit issuance, rather than at the time of platting, in the areas of the District labeled as
"Mixed Use" and "Mixed Use (No Multi Family)"on the First Amended Land Plan attached as
First Amended Exhibit C to the Wastewater Agreement and as Exhibit D to the Amended and
Restated Consent Agreement.
WHEREAS, Texas Local Government Code Section 395.018 allows the City and a
landowner to enter into an agreement providing for the time and method of payment of impact
fees, and the City does not object to the Owner's request to alter the time for payment of some of
the Water Impact Fees and Wastewater Impact Fees.
Resolution No. 02MI,3 - 6-2
Parmer Ranch (NWWCMUD No. 2 - First Amended ARCA and Second Amended Wastewater Agreement)
Page 1 of 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
Section 1. The meeting at which this resolution was approved was conducted in compliance with
the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this resolution are hereby found
and declared to be true and correct and are incorporated by reference herein and expressly made a
part hereof, as if copied verbatim.
Section 3. The First Amendment to Amended and Restated Consent Agreement attached hereto
as Exhibit A is hereby adopted.
Section 4. The Second Amendment to Wastewater Services Agreement attached hereto as Exhibit
B is hereby adopted.
Section 5. All resolutions and ordinances that conflict with the provisions of this resolution are
hereby repealed, and all other resolutions and ordinances of the City not in conflict with the
provisions of this resolution shall remain in full force and effect.
Section 6. If any provision of this resolution, or application thereof, to any person or circumstance,
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of
this resolution, which can be given effect without the invalid provision or application, and to this
end the provisions of this resolution are hereby declared to be severable.
Section 7. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest.
This resolution shall become effective and be in full force and effect immediately in accordance
with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on the ltv\- of Al tO, AL-,5- " n , 2023.
ATTEST:
Robyn Wnsmore, City Secretary
APPROVED AS TO FORM:
24, iz� -
kye MassoCily Attorney
OF GEORGETOWN:
Resolution No.ow2.3 -S 13
Parmer Ranch (NWWCMUD No. 2 — First Amended ARCA and Second Amended Wastewater Agreement)
Page 2 of 2
EXHIBIT "A"
FIRST AMENDMENT TO AMENDED AND RESTATED CONSENT AGREEMENT
FIRST AMENDMENT TO
AMENDED AND RESTATED CONSENT AGREEMENT
(Parmer Ranch aka NWCMUD No. 2)
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This First Amendment to the Amended and Restated Consent Agreement (the "First
Amendment") is between the City of Georgetown, Texas (the "City"), a home -rule city located
in Williamson County, Texas; Parmer Ranch Partners, L.P., a Texas limited partnership, 4718
Mill Creek, Dallas, TX 75244, "Owner" • and Northwest Williamson County Municipal Utility
District No. 2, a municipal utility district created pursuant to Article XVI, Section 59 of the Texas
Constitution and under Chapters 49 and 54 of the Texas Water Code (the "District"). The City,
Owner, and the District are sometimes collectively referred to herein as the "Parties."
WHEREAS, the Parties are parties to that certain "Amended and Restated Consent
Agreement" dated to be effective January 28, 2020 and recorded as Document No. 2020035838 in
the Official Public Records of Williamson County, Texas pertaining to creation of the District and
development of approximately 454 acres of land in the District referred to therein as the "Land."
WHEREAS, Owner has requested that Section 6.17(a) and 6.17(b) of the Amended and
Restated Consent Agreement be amended to provide that the Water Impact Fee and Wastewater
Impact Fee be collected at the time of building permit issuance, rather than at the time of platting,
in the areas of the District designated with the label "Mixed Use" and "Mixed Use (No Multi
Family)"on the Amended Land Plan attached as First Amended Exhibit C to the Amended and
Restated Consent Agreement, and for convenience attached to this First Amendment as
Attachment 1 (hereinafter, the "First Amended Land Plan").
WHEREAS, Texas Local Government Code Section 395.018 allows the City and a
landowner to enter into an agreement providing for the time and method of payment of impact
fees, and the City does not object to the Owner's request to alter the time for payment of some of
the Water Impact Fees and Wastewater Impact Fees.
NOW THEREFORE, for good and valuable consideration,
are hereby acknowledged, including the foregoing recitals
and obligations of the Parties set forth in the Agreement, a
the Parties agree as follows.
ARTICLE I
the receipt and sufficiency of which
and the mutual promises, covenants,
s amended by this First Amendment,
1.01 Sections 6.17(a) and (b) of the Amended and Restated Consent Agreement are hereby
deleted in their entirety and replaced with the following:
First Amendment to Amended and Restated Consent Agreement
(Parmer Ranch aka WCMUD No. 2) Page 1 of 7
116.17 Impact Fees
(a) General. The Parties agree that the Wastewater Impact Fee shall be
assessed for each Connection authorized on a final plat at the time that every final
plat for all or any applicable portion of the Land is approved by the City, in the
amount in effect at the time of final platting under the applicable City ordinance for
the impact fee service are that included the Land or the portion of the Land being
final platted. The Parties further agree that the payment of the Wastewater Impact
Fee shall be made to the City on the following schedule:
(1) For Connections in the portions of the Land labeled as "Mixed
Use" and "Mixed Use (No Multi Family)"on the First Amended Land
Plan — payment of Wastewater Impact Fees for each Connection shall be
made at the time, and as a condition of, issuance by the City of the building
permit associated with the Connection); and
(2) For Connections in the portions of the Land not labeled as
"Mixed Use" or "Mixed Use (No Multi Family)"on the First Amended
Land Plan — payment of Wastewater Impact Fees for each Connection shall
be made at the time, and as a condition of, the City's approval of a final plat
for the portion of the Land that includes the Connection.
All Wastewater Impact Fees shall be retained by the City."
"(b) General. The Parties agree that the Water Impact Fee shall be assessed for
each Connection authorized on a final plat at the time that every final plat for all or
any applicable portion of the Land is approved by the City, in the amount in effect
at the time of final platting under the applicable City ordinance for the impact fee
service are that included the Land or the portion of the Land being final platted.
The Parties further agree that the payment of the Water Impact Fee shall be made
to the City on the following schedule:
(1) For Connections in the portions of the Land labeled as "Mixed
Use" and "Mixed Use (No Multi Family)"on the First Amended Land
Plan — payment of Water Impact Fees for each Connection shall be made
at the time, and as a condition of, issuance by the City of the building permit,
associated with the Connection); and
(2) For Connections in the portions of the Land not labeled as
"Mixed Use" or "Mixed Use (No Multi Family)"on the First Amended
Land Plan — payment of Water Impact Fees for each Connection shall be
at the time, and as a condition of, the City's approval of a final plat for the
portion of the Land that includes the Connection.
All Water Impact Fees shall be retained by the City."
First Amendment to Amended and Restated Consent Agreement
(Farmer Ranch aka WCMUD No. 2) Page 2 of 7
ARTICLE II
2.01 Effect on Amended and Restated Consent Agreement. Except as provided in this First
Amendment, the Amended and Restated Consent Agreement remains in full force and effect and
the terms and conditions of the Amended and Restated Consent Agreement have not been modified
or amended. All capitalized terms used herein shall have the meanings assigned to them in the
Amended and Restated Consent Agreement, as amended.
2.02 Recordation. This First Amendment shall be recorded in the records of Williamson
County, Texas at Owner's expense.
2.03 Effective Date. This First Amendment t shall be effective on the latest date accompanying
the signatures of the duly authorized representatives of the Parties shown on the following
signature pages.
[Signature pages follow.]
First Amendment to Amended and Restated Consent Agreement
(Farmer Ranch aka WCMUD No. 2) Page 3 of 7
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the dates
indicated below.
CITY.
CITY OF GEOR
By:
Josh S
ATTEST:
t
Robyn De smore, City Secretary
APPROVED AS TO FORM:
kye Nfasson, City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
TOWN, TEXAS
"Phis instrument was acknowledged before me on the day of -t ,
2023, by Josh Schroeder, Mayor of the City of Georgetown, Texas, a home -rue city, on behalf of
the City.
(seal)
?'
LINDA RUTH WHITE
•: • ° My Notary ID # 124936123
Expires May 24, 2024
"Ov TFWO AM, F wmu j Aw. xv,
M'W
la of Texas
First Amendment to Amended and Restated Consent Agreement
(Parmer Ranch aka WCMUD No. 2) Page 4 of 7
OWNER:
PARMER RANCH PARTNERS, L.P., A TEXAS
LIMITED PARTNERSHIP
By: Owen Holdings Inc., a Texas corporation, its
general partner
Un
STATE OF TEXAS
COUNTY OF
Joe R. Owen, President
This instrument was acknowledged before me the day of ,
2023, by Joe R. Owen, in his capacity as president of Owen Holdings, Inc., a Texas corporation,
the general partner of Partner Ranch Partners, L.P., a Texas limited partnership, on behalf of
Partner Ranch Partners, L.P.
(seal)
Notary Public, State of Texas
First Amendment to Amended and Restated Consent Agreement
(Parmer Ranch aka WCMUD No. 2) Page 5 of 7
DISTRICT:
NORTHWEST WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO.2
By:
Printed Name:
Title: Board President
Date:
ATTEST:
By:
Printed Name:
Title: Board Secretary
Date:
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me the day of ,
2023, by , President of Northwest Williamson County Municipal
Utility District No. 2, a special district formed and operating under Chapters 49 and 54 of the Texas
Water Code.
(seal)
Notary Public, State of Texas
First Amendment to Amended and Restated Consent Agreement
(Farmer Ranch aka WC WD No. 2) Page 6 of 7
Attachment: "First Amended Land Plan"
First Amendment to Amended and Restated Consent Agreement
(Parmer Ranch aka WCMUD No. 2) Page 7 of 7
EXHIBIT "B"
SECOND AMENDMENT TO WASTEWATER SERVICES AGREEMENT
SECOND AMENDMENT TO WASTEWATER SERVICES AGREEMENT
(Parmer Ranch aka WCMUD No. 2)
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Second Amendment to Wastewater Services Agreement (the "Second
Amendment") is between the City of Georgetown, Texas (the "City"), a home -rule city located
in Williamson County, Texas; Parmer Ranch Partners, L.P., a Texas limited partnership, ,
("Owner"), and Northwest Williamson County Municipal Utility District No. 2, a municipal
utility district created pursuant to Article XVI, Section 59 of the Texas Constitution and under
Chapters 49 and 54 of the Texas Water Code (the "District"). The City, Owner, and the District
are sometimes collectively referred to herein as the "Parties."
WHEREAS, the Parties are parties to that certain "Amended and Restated Consent
Agreement" dated to be effective January 28, 2020 and recorded as Document No. 2020035838 in
the Official Public Records of Williamson County, Texas pertaining to creation of the District and
development of approximately 454 acres land in the District referred to therein as the "Land."
WHEREAS, the Parties are also parties to that certain "Wastewater Services Agreement"
dated to be effective on December 15, 2015 and recorded as Document No. 2016001483 in the
Official Public Records of Williamson County, Texas (the "Original Wastewater Agreement"), as
amended by the "First Amendment to Wastewater Services Agreement " dated to be effective on
May 14, 2019 recorded as Document No. 2019092164 in the Official Public Records of
Williamson County, Texas (the "First Amendment") The Original Wastewater Agreement as
amended by the First Amendment are referred to collectively herein as the "Wastewater
Agreement."
WHEREAS, Owner has requested that Section 4.01(a) of the Wastewater Agreement be
amended to provide that the Wastewater Impact Fee be collected at the time of building permit
issuance, rather than at the time of platting, in the areas of the District designated with the label
"Mixed Use (No Multi Family)"on the Amended Land Plan attached as First Amended Exhibit C
to the Wastewater Agreement and as Exhibit D to the Amended and Restated Consent Agreement,
and for convenience attached to this Second Amendment as Attachment 1 (hereinafter, the "First
Amended Land Plan").
WHEREAS, Texas Local Government Code Section 395.018 allows the City and a
landowner to enter into an agreement providing for the time and method of payment of impact
fees, and the City does not object to the Owner's request to alter the time for payment of some of
the Wastewater Impact Fees.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, including the foregoing recitals and the mutual promises,
covenants, and obligations of the Parties set forth in the Agreement, as amended by this Second
Second Amendment to Wastewater Services Agreement
(Parmer Ranch aka WCMUD No. 2) Page 1 of 7
Amendment, the Parties agree as follows.
ARTICLE I
1.01 Section 4.01(a) of the Wastewater Agreement entitled "General" is hereby deleted in its
entirety and replaced with the following:
4.01 Wastewater Impact Fees. Owner and District agree that the Wastewater
Impact Fee shall be assessed for each Connection authorized on a final plat at the
time that every final plat for all or any applicable portion of the Land is approved
by the City, in the amount in effect at the time of final platting under the applicable
City ordinance for the impact fee service area that included the Land or the portion
of the Land being final platted. Owner and District further agree that the payment
of the Wastewater Impact Fees shall be made to the City on the following schedule:
(1) For Connections in the portions of the Land labeled as "Mixed
Use" and "Mixed Use (No Multi Family)"on the First Amended Land
Plan — payment of Wastewater Impact Fees for each Connection shall be
made at the time, and as a condition of, issuance by the City of the building
permit associated with the Connection; and
(2) For Connections in the portions of the Land not labeled as
"Mixed Use" or "Mixed Use (No Multi Family)"on the First Amended
Land Plan — payment of Wastewater Impact Fees for each Connection shall
be at the time, and as a condition of, the City's approval of a final plat for
the portion of the Land that includes the Connection.
ARTICLE II
2.01 Effect on Wastewater Agreement. Except as provided in this Second Amendment, the
Original Wastewater Agreement, as amended by the First Amendment, remains in full force and
effect and the terms and conditions of the Wastewater Agreement have not been modified or
amended. All capitalized terms used herein shall have the meanings assigned to them in the
Wastewater Agreement, as amended.
2.02 Recordation. This Second Amendment shall be recorded in the Official Public Records
of Williamson County, Texas at Owner's expense.
2.03 Effective Date. This Second Amendment to the Wastewater Services Agreement shall be
effective on the latest date accompanying the signatures of the duly authorized representatives of
the Parties shown on the following signature pages.
[Signature pages follow.]
Second Amendment to Wastewater Services Agreement
(Parmer Ranch aka WCMUD No. 2) Page 2 of 7
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the dates
indicated below.
CITY.
CITY
By:
Josh S
ATTEST:
Robyn Den more, City Secretary
APPROVED AS TO FORM:
kye Nfassonf City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the
2023, by Josh Schroeder, Mayor of the City of Georgetown,
the City.
Notary Public, State of Texas
(seal)
=o 1' KAREN FROST
Nil Nolary ID # 1053608-4
My Commission Expires
May 24, 2024
Second Amendment to Wastewater Services Agreement
(Farmer Ranch aka WCMUD No. 2)
day of ,
Texas, a home - a city, on behalf of
Page 3 of 7
OWNER:
PARMER RANCH PARTNERS, L.P., A TEXAS
LIMITED PARTNERSHIP
By: Owen Holdings Inc., a Texas corporation, its
general partner
13y:
STATE OF TEXAS §
COUNTY OF §
Joe R. Owen, President
This instrument was acknowledged before me on the day of
2023, by Joe R. Owen, in his capacity as president of Owen Holdings, Inc., a Texas corporation,
the general partner of Parmer Ranch Partners, L.P., a Texas limited partnership, on behalf of
Partner Ranch Partners, L.P.
(seal)
Notary Public, State of Texas
Second Amendment to Wastewater Services Agreement
(Parmer Ranch aka WCMUD No. 2) Page 4 of 7
DISTRICT:
NORTHWEST WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO.2
By:
Printed Name:
Title: Board President
Date:
ATTEST:
By:
Printed Name:
Title: Board Secretary
Date:
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of
2023, by . President of Northwest Williamson County Municipal
Utility District No. 2, a special district formed and operating under Chapters 49 and 54 of the Texas
Water Code.
(seal)
Notary Public, State of Texas
Second Amendment to Wastewater Services Agreement
(Farmer Ranch aka WCMUD No. 2) Page 5 of 7
Attachment: "First Amended Land Plan"
Second Amendment to Wastewater Services Agreement
(Parmer Ranch aka WCMUD No. 2) Page 6 of 7