Tessera Parkland & Facilities – Agenda Item #3 | April 17 2025

[Paul Roberts]

Sharing my meeting notes here:

1. Conveyance & Ownership Issues

• The 7.7241 acres under Resolution 20-1837 appear to have been deeded to the City, but not developed into usable public parkland.
• The 5.32-acre parcel referenced in Resolution 17-1703 (includes the pool and pavilion) may not have been formally conveyed to the City as required.
• Staff should confirm whether the deed transfer occurred, and if not, initiate formal follow-up with the developer/HOA to comply with the Development Agreement and Council resolutions.

2. Public Access Concerns

• There are questions about whether the general public is being granted access to the pool, pavilion, and trails as required.
• The 2017 Park Facilities Agreement mandates:
  • General public swimming hours (Memorial Day to first day of school, 8–11:30 AM, Sun–Thurs)
  • City-issued swim passes
  • HOA-funded lifeguards during public hours
• Staff should verify if these terms are being followed and, if not, determine appropriate remedies.
• Public signage appears absent or insufficient. This contributes to a lack of public awareness and may suggest de facto private control over publicly funded facilities.

3. Enforcement & Compliance

• The 2017 agreement places operational and financial responsibilities on the developer/HOA, not the City.
• Failure to comply may expose the City to risk due to federal bond rules (e.g., private use restrictions on tax-exempt PID bonds).
• Staff should review:
  • Whether the City is issuing and tracking public swim passes
  • Whether lifeguards are provided per contract
  • Whether maintenance and facility standards are being upheld
• Council may need to consider:
  • Amending or terminating the agreement if compliance fails
  • Assuming control of the facilities or initiating legal enforcement if access continues to be denied

4. Suggested Direction to Staff

• Confirm deed status of both parcels (7.72 acres and 5.32 acres).
• Audit current public access compliance by HOA (signage, swim pass system, hours).
• Provide Council with a compliance memo or legal update before any next step is considered.
• If warranted, prepare signage language or budget for public signage installation.
• Schedule a follow-up action item for formal direction or potential enforcement.

 

[Adam Benefield]

Mr. Whichard and Mr. McRoy,

I hope this message finds you well. As the development of Tessera is well underway, I would like to confirm that all obligations outlined in the Restated Development Agreement (2012) and the Resolution for Public Park Facilities (2017) have been fully met by the developer. Specifically, I would appreciate a status update on the following:
1. Infrastructure & Utilities

• Completion & Conveyance of Subdivision Infrastructure
  • Has the developer completed and conveyed all required Subdivision Infrastructure to the City, including roads, drainage, sidewalks, and water/wastewater facilities?
  • Reference: Restated Development Agreement, Section 4.03(b)-(d), Page 15
• Utility Easements & Improvements
  • Have all utility easements and improvements been properly dedicated to the City?
  • Reference: Restated Development Agreement, Section 6.18-6.19, Page 23
• Intersection Improvements on FM 1431
  • Has the required intersection improvement on FM 1431 been completed and accepted?
  • Reference: Restated Development Agreement, Section 2.27, Page 10

2. Parkland & Public Facilities

• Parkland Dedication
  • Has the developer formally dedicated the required 10 acres of public parkland to the City?
  • Reference: Restated Development Agreement, Section 4.05(a), Page 17
• Public Park Facilities (Hike & Bike Trails, Pavilion, Pool, Parking, Showers)
  • Have all required public park facilities been fully constructed and transferred to the City?
  • Reference: Resolution 17-1703, Section 1, Page 2; Restated Development Agreement, Section 4.05(b), Page 17
• City Acceptance of Park Facilities
  • Has the City formally accepted the public park facilities, including any outstanding improvements?
  • Reference: Resolution 17-1703, Section 1.03, Page 2

3. HOA Responsibilities & Public Access

• HOA Financial Responsibility for Maintenance
  • Has the developer provided sufficient financial resources to the Tessera HOA for the operation and maintenance of public park facilities?
  • Reference: Restated Development Agreement, Section 8.01, Page 30; Resolution 17-1703, Section 2.08, Page 4
• Public Access to Park Amenities
  • Are all required public access provisions in place, including general public hours for the pool, trails, and pavilion reservation system?
  • Reference: Resolution 17-1703, Section 1.03-1.04, Page 2-3
• HOA Assumption of Full Maintenance Responsibility
  • Has the HOA formally assumed full maintenance and financial responsibility for the public park facilities per the agreement?
  • Reference: Resolution 17-1703, Section 2.03, Page 3

4. Final Compliance Check

• Outstanding Developer Obligations
  • Are there any outstanding obligations the developer has not yet fulfilled?
  • Reference: Restated Development Agreement, Section 10.01, Page 31
• Compliance Issues or Disputes
  • Has the City encountered any compliance issues or disputes related to the development agreement?
  • Reference: Restated Development Agreement, Section 10.03, Page 32

Given the significance of this project and its impact on the community, I would appreciate a confirmation on these matters at your earliest convenience. If there are any remaining items that require attention, please let me know so we can address them accordingly.
Thank you for your time and assistance. I look forward to your response.