Travis County Commissioners Court
September 8, 2009,
Item 24
>> now, joe, I think you're the only item before executive session.
and 24 is to consider and take appropriate action on the following requests.
a, call down funds for certain streets bounding the following subdivisions in areas now annexed by the city of Pflugerville: spring brook commercial lot 1, spring brook commercial lot 2 and spring brook glen.
and 24-b, interlocal agreement with the city of Pflugerville for the transfer of boundary street fiscal for roads annexed by the city of Pflugerville.
>> about 10 years ago we required a letter of credit or a fiscal from a developer to improve some boundary streets on either side of this subdivision.
the roads in the subdivision were subsequently annexed by the city of Pflugerville, so we're in the process of transferring the money to the city and we were asked to take another look at the requirement.
the -- when we sat down and looked at how the reasons we had the fiscal, there's two parts.
there's about an 18,000-dollar fiscal for improvements to schultz lane, another 97,000-dollar fiscal for Pflugerville parkway.
and as it turned out, the subdivision really didn't have access to schultz lane.
they granted some right-of-way for the realignment, but this h.
no way to get on to schultz.
so that was one issue.
whereas they did take access in Pflugerville, the city of Pflugerville did improve the way, so there was a legitimate purpose for which we had the fiscal for that.
the other was interest.
during the interim years we had put the money into an escrow account and it has been drawing interest, so the question is who owns the interest?
the agreement is not all that clear, and I'm making recommendation to the court that we pay the interest back to the developer, it's about $70,000.
we also refund the 18,000-dollar fiscal in that I believe he has pretty much fulfilled the public obligation of donating right-of-way for the realignment and because the subdivision doesn't directly access on to the road, there's not the nexus that I feel we would need to use this fiscal for that purpose.
so what I'm suggesting to the court is we kind of split the baby, we give back 18,000 plus the interest to the developer.
we retain the 97,000 and then pass that $97,000 on to the city of Pflugerville for its reinvestment for improvements they made to the boundary street.
so I'd ask if you do part a today, we'll come back with part b next week, which is an amended interlocal agreement with the city of Pflugerville.
>> I think we need to chat with legal in executive session.
>> that's fine.
>> this is not what you recommended -- it's not pursuant to agreement, it's pursuant to what we think should be done.
>> I think you should get some legal counsel.
i've been talking to legal counsel.
i think we're in the same shoes, but I think you ought to hear it from them.
>> this is the last item before executive session anyway, right?
then I think we ought to go into executive session under consultation with attorney on this item.
that we also should take into executive session the item that we just discussed with the health care district, okay?
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Last Modified:
Tuesday, September 8, 2009 2:14 PM
