Project Development
The project has been planned to date as a single family development under the name of Highland Meadows. The project is anticipated to be marketed under the name Orchard Ridge. The construction plans for Phase 1 of the project consisting of the main entry boulevard off of SH 29, a deceleration lane along SH 29, the wastewater lift station and related force main along with utility and street improvements to serve 182 single family lots have completed the review and approval process through both The City of Liberty Hill and Williamson County. All proposed street and drainage improvements have been designed to either the City of Liberty Hill UDC or the Williamson County subdivision regulations, whichever is the more restrictive, as required by the interlocal agreement (HB 1445) between the City of Liberty Hill and Williamson County. Phase 1 is scheduled to open construction bids on Thursday, August 13th.
County Inspection Fees
In order to secure Williamson County’s final signature on the Phase 1 construction plans, the County requires the payment of a 2.5% County inspection fee which amount is figured on the estimated total construction costs of the road and drainage portion of the proposed improvements. In the case of Phase 1 of this project, the estimated construction cost of the street and drainage improvements is $5,654,664.75 which yields a $144,366.62 County inspection fee requirement. The County 2.5% inspection fee is levied to offset the costs to the County for inspecting the construction of road and drainage improvements that will, in the normal course of business, be taken over by the County for operation and maintenance. As further explained below, however, the County will never be responsible for operation or maintenance of road or water quality facilities for this project.
Street Maintenance Responsibilities by Williamson-Liberty Hill MUD
The project is located within the boundaries of the Williamson-Liberty Hill MUD (District). The District was created pursuant to HB 2734 as passed by the 80th Session of the Texas Legislature, a copy of which is attached for reference.
The District is unique among municipal utility districts in that it the District was tasked with street repair and maintenance of all streets located within the District after July 1, 2017 (Sec 8199.108). The streets are anticipated to be constructed over the next twelve months and then will be subject to a one year maintenance bond provided by the project’s contractor. After the warranty period, the District will be responsible for street repair and maintenance, including all costs associated with such repair and maintenance. Thus outside the initial review of the construction plans for these facilities, there will be no County involvement in the maintenance nor repair of the street improvements associated with this project.
Storm Drainage Responsibilities by Williamson-Liberty Hill MUD
As a project located within the boundaries of a MUD, upon completion of construction, the storm drainage facilities are dedicated to the MUD for operation and maintenance, not the County. These facilities include all storm drainage inlets, pipes, manholes, headwalls, water quality and detention facilities. In the case of this project, the District operates, maintains and ultimately purchases these storm drainage improvements pursuant to the rights and obligations granted it at creation (HB 2734) by the Texas Legislature. Similar to roads, the District will be solely responsible for repair and maintenance of the water quality facilities upon completion of construction, and will be responsible for payment of all costs associated therewith.
Long Term Street and Storm Drainage Improvements Operation and Maintenance Responsibilities by Williamson-Liberty Hill MUD
The District is also subject to the terms and conditions imposed upon it pursuant to the Development and Consent to the Creation of a Municipal Utility District Agreement between the City of Liberty Hill, the developer and the District as executed on January 8, 2007. This Agreement in conjunction with State Law requires the City of Liberty Hill to assume all rights and obligations of the District upon annexation of the District by the City, should that take place in the future. This further ensures that Williamson County would not be held responsible in the future for any of the maintenance and repair responsibilities as outlined above but rather those would be assumed by the City of Liberty Hill should the District be annexed and dissolved at some point in the future.
Summary
In light of the fact that all of the street and drainage facilities to be constructed as a part of the Highland Meadows (Orchard Ridge) development including Phase 1 (and all future phases) are designed in accordance with the stricter of either the City of Liberty Hill or Williamson County design requirements and all of those improvements are to maintained in perpetuity by the existing Williamson-Liberty Hill MUD (or the City of Liberty Hill upon annexation of the District), there exists no basis for the collection of inspection fees of these improvements by Williamson County. The County will never be responsible for operation, maintenance or repair of the facilities. The District will be solely responsible for repair and maintenance of the facilities after construction and until annexation occurs. After annexation, the City of Liberty Hill will be responsible for operation , maintenance and repair of the facilities. We respectively request that Williamson County waive the collection of the County inspections fees for the street and drainage improvements to be constructed within the boundaries of the District due to the unique circumstances and legal obligations of the District relating to this project.
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