HomeMy WebLinkAboutLegal Letter Regarding InformationCITY OF COLLEGE STATION
LEGAL DEPARTMENT
MEMORANDUM
PRIVILEGED AND CONFIDENTIAL
TO: Josh Norton, Assistant City Engineer and Jennifer Prochazka, Principal Planner
FROM: Adam C. Falco, Senior Assistant City Attorney
DATE: February 1, 2012
RE: Review of Documents for Emerald Ridge Estates
I. Issue
Whether the documents presented by Emerald Ridge Estates are sufficient to comply with
Chapter 12 Section 8.2 (V) (2) of the College Station Code of Ordinances?
II. Summary and Answer
The Covenants, Conditions and Restrictions (CCR's) and the Bylaws of Emerald Ridge
Estates will need to be modified to comply with City Ordinance.
Street Maintenance Agreement. The Bylaws address the maintenance agreement in
Section 12 (b) (3) and the CCR's do address the agreement in several places. No additions or
amendments for street maintenance are needed for the documents to comply with City
Ordinance.
Reserve Fund. The Bylaws reference a Reserve Fund to be established for Street
Maintenance in Sectionl2 (b) (5). The CCR's discuss Reserve Funds in Section 6.05, but it does
not state anything about a Reserve Fund for streets. It is conditioned that the association may
establish a Reserve Fund that will be kept separate from other funds. There should be language
in the CCR's that resembles the language that is in the Bylaws at Section 12 (b) (5) to satisfy the
ordinance.
Written Permission. The Bylaws do reference permission for the City to enter, but the
language needs to be modified. In Section 12 (b) (4) of the Bylaws it should state "The City of
College Station will have access to the Subdivision at any time, without liability, when on
official business." The remainder of that section should just mirror the ordinance at Section 8.2
(V) (2) (c). There is not any language in the CCR's that will satisfy the ordinance for written
permission and liability. The same suggested language above should be in the CCR's to comply
with City Ordinances.
LEGAL DEPARTMENT
P.O. Box 9960.1101 TexAS AVE S
COLLEGE STATION • TEXAS • 77842
OFFICE 979.7643507• FAX 979.764.3481
Emerald Ridge Estates Memo
Page 2
III. Conclusion
The letter that was sent to the City by Paul Leventis, dated January 3, 2012, is not
sufficient to satisfy section 8.2 (V) (2). The conditions of the Ordinance should be in the legal
instruments. If the developer believes their documents are sufficient please have the developer
show the specific sections. If changes are made to the documents please have the developer mark
the changes so the changes to the documents so they can be easily reviewed by the City
Attorney. If you have any other questions please contact me.