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R2004-115 07-26-04 RESOLUTION NO. R2004-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 OF APPROXIMATELY 26.609 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 6 (the "District") is located within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, the City consented to the creation of the District by Resolution No. 86-7 dated February 10, 1986; and WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included within a municipal utility district unless such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The "Petition for Consent to include additional Land in Brazoria County Municipal Utility District No. 6" (the "Petitions") relative to 26.609 acres of land is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of approximately 26.609 described in the Petition and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 1004. RESOLUTION NO. R2004-115 Section 4. This Resolution shall become effective immediately upon its passage and approval by the City Council. PASSED, APPROVED and July , A. D., 2004. ADOPTED this the 26th day of TOM REID MAYOR ATTEST: t~rl-Y SF:~,~ETARY APPROVED AS TO FORM' DARRIN M. COKER CITY ATTORNEY 2 EXHIBIT PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 THE STATE OF TEXAS COUNTY OF BRAZORIA TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: 288-10, LTD., a Texas limited partnership, being the holder of title to all of, and therefore, a majority in value of, the land hereinafter described, as such values are indicated by the tax rolls of the Central Appraisal District of Brazoria County, Texas, ("Landowner") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended, and was created by order of the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality dated April 1, 1987. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Brazoria County, Texas. Landowner represents and warrants that the lienholders consenting to this petition by separate instrument are the only holders of liens against the land sought to be annexed. II. The land sought to be added to the District contains approximately 9.97 acres of land, more or less, and lies wholly within Brazoria County, Texas. Due to the sequence of events requested by the City of Pearland ("City"), the land is currently located within the corporate limits of the City as of the date of this petition. Petitioner has submitted a separate petition to the City to exclude the land from the City's corporate boundaries. After the City excludes the land from its corporate limits, under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et seq., as amended, said area will be within the extraterritorial jurisdiction of the City of Pearland and not within such jurisdiction of any other city. After exclusion of the land from the City, all of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of ?earland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- VI. Petitioner agrees and covenants to abide by the conditions set forth in Exhibit "B", attached hereto and made a part hereof for all purposes, until such time as said conditions may be changed by City of Pearland ordinance or resolution, either specific or general. VII. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated within the proposed area to be annexed will be approximately $643,065. Signatures begin on the following page -3- WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its consent to the annexation of the af~esaid land in said District. Dated this the ~~day ofk },-- ~ ,- 2004. 288-10, LTD., a Texas limited partnership By: KCR Management LLC, a Texas limited liability company, and a General Partner Kenneth P Carter, Manager By: Mina Management LLC, a Texas limited liability company, and a General Partner ~.nnis M. Cooley, Manger ATTEST: ,..',- ,~? .%,- u; ~ , '.:.% Secret~y.,~% _ ~,?',. ':~..,. Bo a r d~.~.~.,. D~ re ct o~,~i~ ':':'A *(~,'~ 4,r/,'f' ,",~'~"'% '* -' ~ ~' %?, ~?/ ,¥.,," '//..7¢., BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 -4- THE STATE OF TEXAS COUNTY OF HARRIS This~strument was acknowledged before me on this the day of ~j , 2004, by Kenneth P. Carter, Manager of KCR Managemen~/LLC, a General Partner of 288-10, LTD., a Texas limited partnership, on behalf of said entities. I -~"~'gL';? KELLI S DABBS /~'737~ '~.-',?'.. Notary'Public ~.!?,e~!.'~ State of Texas ~ L~/L~ E~ ~mmission Expi~ ..... ~_~.g..~ October ~2, 2~7 Notary Public in and for the State of Texas THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ This~strument was acknowledged before me on this the ~Y~ day of q~/~ , 2004, by Ennis M. Cooley, Manager of Mina Management/~ a General Partner of 288-10, LTD., a Texas limited partnership, on behalf of said entities. COUNTY OF HARRIS Notary ~ubli~ in and for the State of Texas This /~trument was acknowledged before me 0r~ t~s the day of ~ ~ , 2004, by ~;'A/;%~ /~ ~-//~ ~ President~he Board of Directors of 'BRAZORfA COUNT~ MONICIPAL UTILITY DIS~ICT NO. 6, on behalf of said political subdivision. ~~ooNNIEFO~T~ Notar~ Public in and for the Nom~ P~ ~(~Q~);~, STATEof~ ~ State of Texas ~~y ~mm. ~p.: F:\0006%4mnex- 10 ac. (Carter)~PetitionPearlandAddLand.doc -5- Kenneth P. Carter Peadand 9.97 Acres EXHIBIT "A' H.T. & B. Railroad Survey Abstract No. 300 STATE OF TEXAS COUNTY OF BRAZORIA § A METES & BOUNDS description of a 9.97 acre tract of land situated in the H.T. &. B Railroad Survey, Abstract No. 300, Brazoria County, Texas, being Lot 59, Section 81 of the Allison Richey Subdivision, plat of which is recorded in Volume 2, Page 98 of the Brazoria County Plat Records, said Lot 59 conveyed to 288-10 LTD. by Assumption Warranty Deed recorded at Clerk's File No. 03029849 of the Brazoria County Official Public Records of Real Property, said 9.97 acre tract being more particularly described as follows with all bearings being referenced to a call of North 03°18'07" West along the west line of Woodbend Section 2 at Silveflake, plat of which is recorded in Volume 20, Pages 329 and 330 of the Brazoda County Plat Records; BEGINNING at a 3/4-inch iron pipe found on the east line of State Highway 288 (varying width), being the easterly line of a called 13.337 acre tract, recorded in Volume 1041, Page 460 of the Brazoria County Deed Records, same being the common westerly corner of said Lot 59 and Lot 60, Section 81 of the Allison Richey Subdivision as conveyed in Volume 1373, Page 103 of the Brazoria County Deed Records; THENCE, North 03°16'06" West, 494.24 feet, along said east line of State Highway 288 (varying width), and said easterly line of said 13.337 acre tract, to a point, same being the common westerly corner of said Lot 59 and Lot 58, Section 81 of the Allison Richey Subdivision as conveyed in Volume 1217, Page 433 of the Brazoria County Deed Records; THENCE, North 86°45'03'' East, along the common line of said Lot 59 and said Lot 58, at 1.87 feet pass a 2" iron pipe found, at 858.49 feet pass a 1/2" iron rod found, at 858.63 feet pass the westerly right-of-way of County Road 94 (80 foot wide) as recorded in Volume 2, Page 98 of the Brazoria County Plat Records and Volume 20, Page 329 of the Brazoria County Plat Records, and continuing in all 878.63 feet to a point, same being the common easterly corner of said Lot 59 and Lot 58, same being on the westerly line of Woodbend Section 2 at Silverlake as recorded in Volume 20, Page 329 of the Brazoria County Plat Records; THENCE, South 03°18'07" East, 494.48 feet, along the common line of said Lot 59 and said Woodbend Section 2 at Silverlake, to the common easterly corner of said Lot 59 and Lot 60 of said Section 81 of the Allison Richey Subdivision; THENCE, South 86°45'58" West, along the common line of said Lot 59 and Lot 60, at 20.00 feet pass said westerly right-of-way of County Road 94, at 21.12 feet pass a 1-1/2" galvanized iron pipe found, and continuing in all 878.92 feet to the POINT OF BEGINNING, CONTAINING 9.97 acres of land in Brazoria County, Texas. SURVPROJECTS\5200-5299CLIENT~5296\O03\9.97.DOC EXHIBIT "B" Petitioner requests consent for the inclusion of the aforesaid lands in a municipal utility district under the following conditions: (a) Bonds: Bonds may be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Pearland, or otherwise acquiring waterworks systems, sanitary sewer systems, sewage treatment facilities, storm sewer systems and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary lands, right-of-way easements, sites, equipment, buildings, plants, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. All District bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one- half percent~ (2 1/2%) .of par value reducing one-half (1/2) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five percent (95%) of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the "Daily Bond Buyer" in its weekly "20 Bond Index" during the thirty-day period next preceding the date of notice of sale of the bonds. Bids for the bonds will be received not more than forty-five (45) days after notices of sale of the bonds is given. The order or resolution of the District authorizing the issuance of all refunding bonds of the District shall be approved by the City Council ,of the City. The District's order or resolution authorizing the issuance of its bonds will contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City of Pearland, Texas, or some other city annexes the District, takes over the assets of the District and assumes all of the obligations of the District. No land will be added or annexed to the District until the City. of Pearland has given its written consent by resolution of the City Council to such addition or annexation. (b) Plans and specifications: Before the commencement of any construction within the District, the District, its directors, officers or the developers and landowners shall submit to the City or its designated representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications by the City. All water wells, water meters, flush valves, valves, pipes and appurtenances installed or used within the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and appurtenances thereto, installed or used within the District shall comply with the City's standard plans and specifications. Prior to the construction of such facilities within the District, the District, or its engineer, shall give written notice to the City starting the date that such construction will be commenced. The construction of the District's water, sanitary sewer and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City, and during the progress of the construction and installation of such facilities, the City or an employee, or a designated agent thereof, may make periodic on-the-ground inspections. AS a further definition of the terms used in this paragraph, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the Board of Directors of the District to determine what facilities may be constructed, paid for and maintained by the District. (c) Plat Approval: The owner or developer of the land within the District shall covenant and agree that he or they will, prior to the sale of any residential lot, obtain the approval of the Planning and Zoning Commission and the City Council, if normally required, of a plat thereof and properly record it in the deed records.. The District will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the Planning and Zoning Commission and the~ City Council. (d) Inspection and Reports: Full-time resident inspection shall be provided during the construction period by District inspectors. In addition, an additional inspector or inspectors shall be furnished at City expense, if deemed necessary by the City Engineer. Daily inspection reports will be kept on file by the District's engineer. Monthly inspection reports shall be furnished to the City. Except as provided by law, all construction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless otherwise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds, payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as-built" plans to the City by the Engineer for the District shall be required. (e) Initial Board: At least one of the persons nominated for appointment by the Texas Natural Resource Conservation Commission as temporary directors of the District shall be a person selected by the City Council. (f) Bond Escrow: The District shall not be permitted to escrow any funds in excess of two (2) years interest on the bonds which the District issues and shall levy a tax simultaneously with the first installment of such bonds and will continue a tax levy until such bonds are paid in full, unless the revenues of the system are adequate to discharge such bonds. (g) Bond Sales: Prior to the sale of any series of District bonds, the District shall secure a letter of the Mayor to the effect that the District is in compliance with this Article, and a letter of the Mayor addressed to the Attorney General of Texas approving or objecting to the issuance of any bonds of the District. Such letters of the Mayor shall be given with a reasonable time upon request. (h) Utility Rates: The District will use its best efforts to charge rates for water and sewer service not less than the rates charged by the City to its Customers. However, the nature and amount of such rates shall be within the sole and exclusive discretion of the Board of Directors of the District. (i) City Recommendations: The City of Pearland, acting through the,,Mayor and the City's financial advisor, will make recommendations to the Board of Directors of the District and its financial advisor as to the amount of the bonds that shall be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds, and the sale and delivery of the District bonds. However, the District shall be under no obligation to obtain or comply with City recommendations prior to sale. (j) Utility Operations: The District will have its water and sewer system operated and maintained by the City, if both the City and the District can agree upon mutually satisfactory terms and conditions. (k) Deposit: Within six (6) months after consent to the creation of a District is given by the City or within six (6) months after the District holds a bond election, whichever is later, the District shall pay or cause to be paid Twenty Thousand and No/100 Dollars ($20,000.00) to reimburse the City for all of its actual fiscal, legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the District; (2) the financial advisory services described in Subsection (i) hereof; (3) the City's review of plans and specifications of the District's facilities; and (4) supervision of inspection of the District's facilities. The District shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand and No/100 Dollars ($5,000.00). Such sum shall be used by the City for the purpose of paying said costs incurred for that purpose. If any part of the deposit is not needed for the purpose of paying such fees and expenses, it shall be returned forthwith to the District. No interest will be allowed on any deposit. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the District. The persons requesting the City's consent to the creation of a District shall be obligated to guarantee the payments imposed upon a District as set forth in the Subsection. 4 PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 THE STATE OF TEXAS COUNTY OF BRAZORIA TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: CLMR PEARLAND, LTD., a Texas limited partnership, being the holder of title to all of, and therefore, a majority in value of, the land hereinafter described, as such values are indicated by the tax rolls of the Central Appraisal District of Brazoria County, Texas, ("Landowner") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended, and was created by order of the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality dated April 1, 1987. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Brazoria County, Texas. Landowner represents and warrants that there are no holders of liens against said land. II. The land sought to be added to the District contains approximately 9.46 acres of land, more or less, and lies wholly within Brazoria County, Texas. Due to the sequence of events requested by the City of Pearland ("City"), the land is currently located within the corporate limits of the City as of the date of this petition. Petitioner has submitted a separate petition to the City to exclude the land from the City's corporate boundaries. After the City excludes the land from its corporate limits, under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et seq., as amended, said area will be within the extraterritorial jurisdiction of the City of Pearland and not within such jurisdiction of any other city. After exclusion of the land from the City, all of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, commercial purposes; domestic and (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of ?earland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- VI. Petitioner agrees and covenants to abide by the conditions set forth in Exhibit "B", attached hereto and made a part hereof for all purposes, until such time as said conditions may be changed by City of Pearland ordinance or resolution, either specific or general. VII. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated within the proposed area to be annexed will be approximately $593,215. Signatures begin on the following page -3- WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its consent to the annexation of the aforesaid land in said District. Dated this the ~~day ~MR~'L~'a~ Ts limited , ., xas partnership By: CLMR, LLC, a Texas limited liability company, its Sole General Partner By: ATTEST: Board of:' ~=~ctors'. ~ % BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ~ard of Directors -4- THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ day o~his ~~t was, a~;~lebdge~e~epmec~t~iSMthe ~~ .. . Y · , anage-~--~of CLMR, LLC,//a Texas limited liability company and Sole General Partner of~CLMR PEARLAND, LTD., a Texas limited partnership, on behalf of said entities. !,.:'~';t,'.~]. AI~I~I.,I.,! $. DABB$ ~. s'.'...c~'~./~.J My Commi$,ion Expires '..:/,'",, ';;'~'t~" ~77_~...~,.~..0,..:... OcJ0ber 'I 2. 2007 Notary PUblic in and for the State of Texas THE STATE OF TEXAS ~ This ~~ent was acknowledged~efore,]ae./~)Dn this the ~ ~ day of ~ , 2004, by ~J/9~/~.~//~/~-WW , Pres~-e-~ of the Boar~ of Directors of BRAZO~IA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6, on behalf of said po ..... ~~00NNIEFONTENOTJ~ State of Texas ~ ~.~,, Comm. Exp.: 0~-30-2004~J cf:0006/Annex9.46a¢. -5- EXHIBIT "A" Kenneth P. Carter Pearland 9.46 Acres H.T. & B. Railroad Survey Abstract No. 300 STATE OF TEXAS COUNTY OF BRAZORIA ' § A METES & BOUNDS description of a 9.46 acre tract of iand situated in the H.T. &. B Railroad Survey, Abstract No. 300, Brazoria County, Texas, being a portion of Lot 60, Section 81 of the Allison Richey Subdivision, plat of which is recorded in Volume 2, Page 98 of the Brazoria County Plat Records, said Lot 60 conveyed to Hampton C. Robinson, Jr. by Executor's Deed recorded in Volume No. 1373, Page 103 of the Brazoria County Deed Records; said 9.46 acre tract being more particularly described as follows with all bearings being referenced to a call of North 03°18'07" West along the west line of Woodbend Section 2 at Silveflake, plat of Which is recorded in Volume 20, Pages 329 and 330 of the Brazoria County Plat Records; BEGINNING at a 3/4-inch iron pipe found on the east line of State Highway 288 (varying width), being the easterly line of a called 13.337 acre tract recorded in Volume 1041, Page 460 of the Brazoda County Deed Records, same being the common westerly corner of said Lot 60 and Lot 59 of said Section 81 of the said Allison Richey Subdivision as conveyed at Clerk's File No. 03029849 of the Brazoria County Official Public Records of Real Property; THENCE, North 86°45'58" East, along the common line of said Lot 59 and Lot 60, at 857.81 feet pass a 1-1/2" galvanized iron pipe found, at 858.92 feet pass the westerly right-of-way of County Road 94 (80 foot wide) as recorded in Volume 2, Page 98 of the Brazoria County Plat Records and V~olume 20, Page 329 of the Brazoria County Plat Records, and continuing in all 878.92 feet to the common easterly corner of said Lot 59 and Lot 60, same being on the westerly line of Woodbend Section 2 at Silvedake as recorded in Volume 20, Page 329 of the Brazoda County Plat Records; THENCE, South 03°18'07" East, 632.51 feet along the common line of said Lot 60 and said Woodbend Section 2 at Silverlake, to the southwest corner of said Woodbend Section 2 at Silverlake, same being on the northerly right-of-way of County Road 59 (varying width) as recorded in Volume 2, Page 98 of the Brazoria County Plat Records; THENCE, South 86°43'54'' West, 279.30 feet along said northerly right-of-way to a point on the aforementioned easterly line of said 13.337 acre tract and the aforementioned east line of Sate Highway 288 (varying width); THENCE, along the easterly line of said 13.337 acre tract and the east line of said State Highway 288 the following three (3) courses and distances: 1. North 03°16'06'' West, 40.00 feet to a point from which a concrete monument found bears North 11 °38'16" West, 1.23 feet; 2. South 86°43'54" West, 200.00 feet to a point from which a concrete monument found bears South 29°12'23" West, 0.30 feet; Kenneth P. Carter Pearland 9.46 Acres H.T. & B. Railroad Survey Abstract No. 300 3. North 71°28'01'' West, 26.93 feet to a 3/4" iron rod (with cap stamped "Cotton Surveying") found; THENCE, North 03°16'06" West, 267.36 feet to a 3/4" iron rod (with cap stamped "Cotton Surveying") found; THENCE, South 86°43'53'' West, 26.23 feet to a 3/4" iron rod (with cap stamped "Cotton Surveying") found for the beginning of a curve to the right; THENCE, in a northwesterly direction along the arc of said curve to the right, having a radius of 113.00 feet, a central angle of 60°50'21'', an arc length of 119.99 feet and a chord beadng North 62°50'57'' West, 114.43 feet to a 3/4" iron rod.(with cap stamped "Cotton Surveying") found; . THENCE, South 86043'53'' West, 250.09 feet to a 3/4" iron rod (with cap stamped "Cotton Surveying") found on the aforementioned easterly line of the aforementioned 13.337 acre tract and the aforementioned east line of State Highway 288; THENCE, North 03°16'06" West, 257.74 feet.along said east line to the POINT OF BEGINNING containing 9.46 acres of land in Brazoda County, Texas. S uRVpRojEcTs\5200-5299CLIEN'~5296\003\9.46.DOC EXl'llBll' "B" Petitioner requests consent for the inclusion of the aforesaid lands in a municipal utility district under the following conditions: cuds ma be issued by the District only for ~ Bonds' B Y ...... ~ or purchasing or ~, ' . ~ ConSL~U~, ~ ~urmose of purchaszng an . .~ ~ City of Pearland, or ~ .~ q ...... ~der contract wilt u~ · ~f~ .... ~., r systems, ' e ac tiring w~=~~"~- _ ~ s stems ant otherwzs q - .~=~= ~torm sewer ~ ........ e sewage treatment ~ac%~zui~j~ systems or facilities, ant facilities, or parts o~ %~ch~es, construction, lmpro~emen5~ an and all necessary ~u .... 4~s thereto, and to purchase Y ' ns. additions ant z~F~_~_~ ~ ,,,ay easements, sites, acquire al~ .g~essar~a~' Ltructures and facllm5~es e uipment, DUll~ln~s, Pm ~_=_ ~ame and to sell water, q ...... ~ ~n~ mainuazn ~ ' .... ~^ m~undaries of the sewer, and other services w~,- _ w District. Ail District bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one- half percent' (2 1/2%) of par value reducing one-half (1/2) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five percent (95%) of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the .,Daily Bond Buyer" in its weekly ,.20 Bond Index" during the thirty-day period next preceding the date of notice of sale of the bonds. Bids for the bonds will be received not more than forty-five ('45) days after notices of sale of the bonds is given. The order or resolution of the District authorizing the issuance of all refunding bonds of the District shall be approved by the City Council ,of the 'City. The District's order or resolution authorizing the issuance of its bonds will contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District'S bonds will terminate when and if the City of Pearland, Texas, or some other city annexes the District, takes over the assets of the District and assumes all of the obligations of the District. No land will be added or annexed to the District until the City.of Pearland has given its written consent by resolution of the City council to such addition or annexation- (b) Plans and specifications: Before the commencement of any construction within the District, the District, its directors, officers or the developers and landowners shall submit to the City or its designated representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications by the City. All water wells, water meters, flush valves, .valves, pipes and appurtenances installed or used within the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and appurtenances thereto installed or used within ' and the District shall comply with the City's standard plans. .~ specifications. Prior to the construction of 'such facilities ' ' ' . ' t, the District, or its engineer, shall give within the .D.zstrmc_. ' artin the date that such written no~lce t~ the City _~t ~ construction of the · ' be commenceo. ~= constructmon wmll ~ =--~ .... facilities shall be District's water, sanitary sewer ano uz~z~=~ in accordance with the approved plans and specifications and with applicable standards and specifications of the City, and during the progress of the construction and installation of such facilities, the City or an employee, or a designated agent thereof, may make periodic on-the-ground inspections. As a further definition of the terms used in this paragraph, specific mention of the fact is made that ,,plans and specifications," standard plans and specifications" ,,approved plans and specifications," or ,,applicable standards and specifzcatzon are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the Board of Directors of the District to determine what facilities may be constructed, paid for and maintained by the District. (c) Plat Appr°val: The owner or developer of the land within the District shall covenant and agree that he or they will, prior to the sale of any residential lot, obtain the approval of the Planning and Zoning Commission and the City Council, if normally required, of a plat thereof and properly record it in the deed records.. The District will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the Planning and zoning Commission and the City Council. (d) Inspection and Reports: Full-time resident inspection shall be provided during the construction period by District inspectors. In addition, an additional inspector or inspectors shall be furnished at City exPense, if deemed necessary by the City Engineer. Daily inspection reports will be kept on file by the District's engineer. Monthly inspection reports shall be furnished to the City. Except as provided by law, all construction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless otherwise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds, payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as-built" plans to the City by the Engineer for the District shall be required. (e) Initial Board: At least one of the persons nominated for appointment by the Texas Natural Resource Conservation Commission as temporary directors of the District shall be a person selected by the City Council. (f) Bond Escrow: The District shall not be permitted to escrow any funds in excess of two (2) years interest on the bonds which the District issues and shall levy a tax simultaneously with the first installment of such bonds and will continue a tax levy until such bonds are paid in full, unless the revenues of the system are adequate to discharge such bonds. (g) Bond Sales: Prior to the sale of any series of District bonds, the District shall secure a letter of the Mayor to the effect that the District is in compliance with this Article, and a letter of the Mayor addressed to the Attorney General of Texas'approving or objecting to the issuance of any bonds of the District. Such letters of the Mayor shall be given with a reasonable time upon request. (h) Utility Rates: The District will use its best efforts to charge rates for water and sewer service not less than the rates charged by the City to its Customers. However, the nature and amount of such rates shall be within the sole and exclusive' discretion of the Board of Directors of the District. (i) City Recommendations: The City of Pearland, acting through the,.Mayor and the City's financial advisor, will make recommendations to the Board of Directors of the District and its financial advisor as to the amount of the bonds that shall be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds, and the sale and delivery of the District bonds. However, the District shall be under no obligation to obtain or comply with City recommendations prior to sale. (j) utility Operations: The District will have its water and sewer system operated and maintained by the City, if both the City and the District can agree upon mutually satisfactory terms and conditions. (k) Deposit: Within six (6) months after consent to the creation of a District is given by the City or within six (6) months after the District holds a bond election, whichever is later, the District shall pay or cause to be paid Twenty Thousand and No/100 Dollars ($20,000.00) to reimburse the City for all of its actual fiscal, legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the District; (2) the financial advisory services described in Subsection (i) hereof; (3) the City's review of plans and specifications of the District's facilities; and (4) supervision of inspection of the District's facilities. The District shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand and No/100 Dollars ($5,000.00). Such sum shall be used by the City for the purpose of paying said costs incurred for that purpose. If any part of the deposit is not needed for the purpose of paying such fees and expenses, it shall be returned forthwith to the District. No interest will be allowed on any deposit. .It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the District. The persons requesting the City's consent to the creation of a District shall be obligated to guarantee the payments imposed upon a District as set forth in the Subsection. PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 THE STATE OF TEXAS COUNTY OF BRAZORIA TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: CHOCOLATE BAYOU COMMUNITY FEDERAL CREDIT UNION, a federally insured and regulated financial institution, being the holder of title to all of, and therefore, a majority in value of, the land hereinafter described, as such values are indicated by the tax rolls of the Central Appraisal District of Brazoria County, Texas, ("Landowner") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended, and was created by order of the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality dated April 1, 1987. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Brazoria County, Texas. Landowner represents and warrants that there are no holders of liens against said land. II. The land sought to be added to the District contains approximately 2.00 acres of land, more or less, and lies wholly within Brazoria County, Texas. Due to the sequence of events requested by the City of Pearland ("City"), the land is currently located within the corporate limits of the City as of the date of this petition. Petitioner has submitted a separate petition to the City to exclude the land from the City's corporate boundaries. After the City excludes the land from its corporate limits, under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et seq., as amended, said area will be within the extraterritorial jurisdiction of the City of Pearland and not within such jurisdiction of any other city. After exclusion of the land from the City, all of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, commercial purposes; domestic and (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of Pearland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- VI. Petitioner agrees and covenants to abide by the conditions set forth in Exhibit "B", attached hereto and made a part hereof for all purposes, until such time as said conditions may be changed by City of Pearland ordinance or resolution, either specific or general. VII. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated within the proposed area to be annexed will be approximately $9,970. Signatures begin on the following page -3- 06/28/2004 09:19 281G4GgG01 MARK D WILSON PO PAGE 02/03 WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its consent to the annexation of the a~esaid land in said District. Dated this the ~~ day of ~ , 2004. ATTEST: Beverly He~son, Secretary CHOCOLATE BAYOU COMMUNITY FEDERAL CREDIT UNION, a federally insured and regulated financial institusion By: ~ ~~_ ~ ~ Gary Davis, President and Chief Executive Officer ATTEST: Secreta~,~ ~'~".. .. ~'.. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ~/ident ~ard of Directors -4- THE STATE OF TEXAS COUNTY OF HARRIS § This instrument was acknowledged before me on this the da of ~ , 2004, by Gary Davis, the President and -~¥ ~ -~n~v~ Officer of CHOCOLATE BAYOU COMMUNITY FEDERAL CREDIT UNION, a federally insured and regulated financial institution, cn behalf of said financial institution. Notary Public in and for the State of Texas ~ ~ .eee~e ';Z/~ ~,,/,.~-~.~ THE STATE OE TEX~/~m'm~~' or Th~~tr~ent was acknowledged before me on this the day of ~ ~~_ , 2004, by James H. Ragan, President of the Board of D~rectors of B~AZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6, on beh~f of said political subdivision. Notar-~ Pubiic in a~d for t e ~~00NNiEFO~NOT~ State of Texas ~ Pu~ ~My~mm ~p. cf:OOO6'~mncx2.0Oacr~s -5- Kenneth P. Carter Pearland 2.00 Acres EXHIBIT "A' H.T. & B. Railroad Survey Abstract No. 300 STATE OF TEXAS COUNTY OF BRAZORIA § A METES & BOUNDS description of a 2.00 acre tract of land situated in the H.T. &. B Railroad Survey, Abstract .No. 300, Brazoda County, Texas, being a portion of Lot 60, Section 81 of the Allison Richey Subdivision, plat of which is recorded in Volume 2, Page 98 of the Brazoria County Plat Records, said Lot 60 conveyed to Hampton C. Robinson, Jr. by Executor's Deed recorded in Volume No. 1373, Page 103 of the Brazoria County Deed Records; said 2.00 acre tract being more padiculady described as follows with all bearings being referenced to a call of NoAh 03°18'07" West along the west line of Woodbend Section 2 at Silverlake, plat of which is recorded in Volume 20, Pages 329 and 330 of the Brazoria County Plat Records;. COMMENCING at a 3/4-inch iron pipe found in the east line of State Highway 288 (right-of- way varies), being the east line of a called 13.337 acre tract recorded in Volume 1041, Page 460 of the Brazoria County Deed Records, and being the northwest' corner of said Lot 60; THENCE, South 03°16'06" East, 257.74 feet, along the east line of said State Highway 288, to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set for the POINT OF BEGINNING; THENCE, North 86°43'53'' East, 250.09 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set on the arc of a non-tangent curve to 'the left, the radius point of which bears North 57°34'14" East, 113.00 feet; THENCE, in. a southeasterly direction along the arc of said curve to the left having a radius of 113.00 feet, a central angle of 60°50'21", an arc length of 119.99 feet and a chord. bearing South 62°50'57" East, 114.43 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set at a point of tangency; THENCE, NoAh 86°43'53'' East, 26.23 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set; THENCE, South 03°16'06" East, 267.36 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set.in a line of said 13.337 acre tract, from which a concrete monument found bears South 70°49'41" East, 26.87 feet; THENCE, along the boundary of said 13.337 acre tract, the following, three (3) courses and distances: North 71°28'01" West, 353.88 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set, from which a concrete monument found bears South 04°54'03'' East, 0.43 feet; 2. North 37°22'03'i West, 82.81 feet to a point in a disturbed concrete monument; Kenneth P. Carter Pearland 2.00 Acres H.T. & B. Railroad Survey Abstract No. 300 North 03°16'06'' West, 125.30 feet to the POINT OF BEGINNING, CONTAINING 2.00 acres of land in Brazoria County, Texas as shown on Drawing No. 5200 in the offices of Cotton Surveying, Houston, Texas. SURVPROJECTS\5200-5299CLIENT~5296\003~2.00.DOC Petitioner requests consent for the inclusion of the aforesaid lands in a municipal utility district under the following conditions: (a) Bonds: Bonds may be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Pearland, or otherwise acquiring waterworks systems, sanitary sewer systems, sewage treatment facilities, storm sewer systems and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary lands, right-of-way easements, sites, equipment, buildings, plants, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. All District bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one- half percent (2 1/2%) .of par value reducing one-half (1/2) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five percent (95%) of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the "Daily Bond Buyer" in its weekly "20 Bond Index" during the thirty-day period next preceding the date of notice of sale of the bonds. Bids for the bonds will be received not more than forty-five (45) days after notices of sale of the bonds is given. The order or resolution of the District authorizing the issuance of all refunding bonds of the District shall be approved by the City Council .of the City. The District's order or resolution authorizing the issuance of its bonds will contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City of Pearland, Texas, or some other city annexes the District, takes over the assets of the District and assumes all of the obligations of the District. No land will be added or annexed to the District until the City. of Pearland has given its written consent by resolution of the City Council to such addition or annexation. (b) Plans and specifications: Before the commencement of any construction within the District, the District, its directors, officers or the developers and landowners shall submit to the City or its designated representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications by the City. All water wells, water meters, flush valves, valves, pipes and appurtenances installed or used within the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and appurtenances thereto, installed or used within the District shall comply with the City's standard plans and specifications. Prior to the construction of 'such facilities within the District, the District, or its engineer, shall give written notice to the City starting the date that such construction will be commenced. The construction of the District's water, sanitary sewer and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City, and during the progress of the construction and installation of such facilities, the City or an employee, or a designated agent thereof, may make periodic on-the-ground inspections. As a further definition of the terms used in this paragraph, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications," or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are. not meant to limit the discretion of the Board of Directors of the District to determine what facilities may be constructed, paid for and maintained by the District. (c) Plat Approval: The owner or developer of the land within the District shall covenant and agree that he or they will, prior to the sale of any residential lot, obtain the approval of the Planning and Zoning Commission and the City Council, if normally required, of a plat thereof and properly record it in the deed records.. The District will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the Planning and Zoning Commission and the City Council. (d) Inspection and Reports: Full-time resident inspection shall be provided during the construction period by District inspectors. In addition, an additional inspector or inspectors shall be furnished at City expense, if deemed necessary by the City Engineer. Daily inspection reports will be kept on file by the District's engineer. Monthly inspection reports shall be furnished to the City. Except as provided by law, all construction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless otherwise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds, payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as-built" plans to the City by the Engineer for the District shall be required. (e) Initial Board: At least one of the persons nominated for appointment by the Texas Natural Resource Conservation Commission as temporary directors of the District shall be a person selected by the City Council. (f) Bond Escrow: The District shall not be permitted to escrow any funds in excess of two (2) years interest on the bonds which the District issues and shall levy a tax simultaneously with the first installment of such bonds and will continue a tax levy until such bonds are paid in full, unless the revenues of the system are adequate to discharge such bonds. (g) Bond Sales: Prior to the sale of any series of District bonds, the District shall secure a letter of the Mayor to the effect that the District is in compliance with this Article, and a letter of the Mayor addressed to the Attorney General of Texas approving or objecting to the issuance of any bonds of the District. Such letters of the Mayor shall be given with a reasonable time upon request. (h) Utility Rates: The District will use its best efforts to charge rates for water and sewer service not less than the rates charged by the City to its Customers. However, the nature and amount of such rates shall be within the sole and exclusive discretion of the Board of Directors of the District. (i) City Recommendations: The City of Pearland, acting through the,,Mayor and the City's financial advisor, will make recommendations to the Board of Directors of the District and its financial advisor as to the amount of the bonds that shall be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds, and the sale and delivery of the District bonds. However, the District shall be under no obligation to obtain or comply with City recommendations prior to sale. (j) utility Operations: The District will have its water and sewer system operated and maintained by the City, if both the City and the District can agree upon mutually satisfactory terms and conditions. (k) Deposit: Within six (6) months after consent to the creation of a District is given by the City or within six (6) months after the District holds a bond election, whichever is later, the District shall pay or cause to be paid Twenty Thousand and No/100 Dollars ($20,000.00) to reimburse the City for all of its actual fiscal, legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the District; (2) the financial advisory services described in Subsection (i) hereof; (3) the City's review of plans and specifications of the District's facilities; and (4) supervision of inspection of the District's facilities. The District shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand and No/100 Dollars ($5,000.00). Such sum shall be used by the City for the purpose of paying said costs incurred for that purpose. If any part of the deposit is not needed for the purpose of paying such fees and expenses, it shall be returned forthwith to the District. No interest will be allowed on any deposit. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the District. The persons requesting the City's consent to the creation of a District shall be obligated to guarantee the payments imposed upon a District as set forth in the Subsection. 4 TRACT 8 5.1719 ACRES 518 VICINITY MAP TRACT $ 66.82 ACRES TRACT 11 ACRES TRACT I0 ~ ACR[S TRACT 9 2.00 ACRES TRACT 4 159.5547 ACRES IB.C.~.U.D. No. 3 HATCHED AREAS REPRESENT TRAcT~ PROPOSED FOR ANNEXATION TRACT 5 19.9879 ACRES THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY MAP TRACT 6 109.860 ACRES EXHIBIT OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No. BRAZORIA COUNTY. TEXAS JUt.y 2OO4 PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 THE STATE OF TEXAS COUNTY OF BRAZORIA TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ?EARLAND: THE CROSSING AT 288 SHOPPING CENTER, LTD., a Texas limited partnership, being the holder of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the Central Appraisal District of Brazoria County, Texas, ("Landowner") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended, and was created by order of the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality dated April 1, 1987. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Brazoria County, Texas. Landowner represents and warrants that the lienholder consenting to this petition by separate instrument is the only holder of liens against the land sought to be annexed. II. The land sought to be added to the District contains approximately 5.1719 acres of land, more or less, and lies wholly within Brazoria County, Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et seq., as amended, said area is within the extra- territorial jurisdiction of the City of Pearland and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the area of .the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, commercial purposes; domestic and (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. Vo There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of Pearland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI. Petitioner agrees and covenants to abide by the conditions set forth in Exhibit "B", attached hereto and made a part hereof for 2 all purposes, until such time as said conditions may be changed by City of Pearland ordinance or resolution, either specific or general. VII. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated within the proposed area to be annexed will be approximately $60,000. The remainder of this page is intentionally blank -3- ~EREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its consent to the annexation of the a~~and in said District. Dated this the~g~day of~' 2004. THE CROSSING AT 288 SHOPPING CEN~R, LTD., a Texas limited partnership/ By: The Crossing at 288 D~elopment One, L.C., Its General ~rtner Herbert D. Weit~an, Manager Name/ ~_~..~-'~/f--~ ~ Title:' ~ '~ -- / BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ~oard of Directors THE STATE OF TEXAS § COUNTY OF ~ § day o~his instrument was ,a?~,lebd.g. edHebr~feOr~e ze ~enittzh~aSn th~a ~ ~ ~ y . ' , nager of The CrossingI at 288 Development One, L.C., the General Partner of THE CROSSING AT 288 SHOPPING CENTER, LTD., a Texas limited partnership, on behalf of said entities. ELAINE J. WISE J~J Notary Public, State of Texas MV Cc}mmissio, Exp. 04-1 ,-2006 Notary-Pu~c in and for State of T~xas the -4- THE STATE OF TEXAS § § COUNTY OF HARRIS Thi~in~trument was acknowledged before me on this the day of ~ ~26~__ , 2004, by James H. Ragan, President of the Board~-f' Directors of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT N~. 6, on behalf of said political subdivision. ~.gONNIE FONTENOT JJj Notary Public_ ~] STATE Of TEXAS ~ State of Texas cf:0006~Annex5.179 -5- Y.~hibi~ ?a~ 1 of 2 Pa_ecs fane.Il, 2002 Con~ty: ~i ghway: R.O.W.C.S_T.: Brazofi~ S.!-I. 298 @ FM 518 Right-of-Way Surplus S3-I. 238 059842-001 Tract 2 Propemy Description Being a 5.1719 acm tract of land I°cat--d in the T.C.R..i:L Co. Survey, Abstract 675 in Br'az. oHa County,. T~xas; said 5.1719 mgr~ tmgt bring out of a called 3fi.061 ~mr: ~"act of laud convey~ to :be Stat~ of Texas and Coun~ of Zmzofia from 3ohn M. Shelley in .Volume 1077, ?age 126 of the Br"~.or/a County D~ P, ecords (B.C.D.tL); said $. 1719 acre tract b:ing more parr. iculazly d~scribed by met,,s 'and bounds ~ follows (all bearings axe raf~r~nc:d to thc TxDOT Kight-of-Way Maps, Sheet Number fi, Account Number 8012-01-30); Commencing at a conm-mt~ m0nnment found (¢,.nterline station ¢12',--03.56) on ~e truing ~t ' right-of-way ~n~ of Sm~ ~way 288 (~20-f~t ~d~) ~ r~d in Volume 1077, Pag~ 125 of ~e B.C.D.R., s~e b~ing on ~e w~t Hn~ of a c~ ~.5342 ~ of ~vi~ ~m~ in Cla~'~ ~le N~b~r gS-03g~$ of ~e OfficiM Keco~ ofB~o~a. Coun~ (O.K,.C,) ~d being ~e be~ng of a =u~c to ~= '~=n~, ~ong ~e ~s~g N~t~f-way Eric of s~d Sram Hi,way %g8.33.07 f~t ~ong ~= ~ of sdd ~e to ~e I~ Mv~g a =m~ ~= of 00 dc~es 10 ~ut~ 06 s~onds, a ra~us of l 1249.16 f~t ~d a ~o~ b~ng ~d ~~ of Sou~ 02 ~es 55 ~nuz~s ~ s~couds Wcs~ Sa.07 feet to a fo~d ~ncmt~ monet on a ~mpaund c~; ~= arc of said ~e to ~e le~ ha~ng a cen~l ~gle of 10 dc~ 24 ~nutes 17 seconds, a radius of 1091.35 f~t ~d a =ho~ b~ng md ~s~c~ of Sou~ 02 degree 21 ~nu~ ~8 s=con~ E=t, 197.91 fegt'to a 5/8-~c~ ~n md wi~ a T~OT aluminum c~o set for · e he,in das~bed ~ct of l~d ~d being on a cu~e co the Thence, along the ~isting right-of-way linc of said State Highway 288, thc following three (3) COUI~: o , 865.90 feet along the arc of said curve to the 1-ft, having a c-.ntral ~ugle of~5 degrees Sou~ 30 degr~ 17 ~nums 43 sec:n~ E~t, 843.36 f~t Lo a found =ongrgzz monument ~d being ~ point of ~verse cu~a; Exhibk.~ Page June 11,2002 287.39 feet (call 287.85 f:t) along the ar: of .~a/d curve to the figh~ having a e:n:r~l ~gle of 36 .~mgr,~ 52 minut:~ 52 ~::onda, a radiu~ of ~6.46 f~t :d a chord b~ng and ~s~:~ of Sou~ ~4 degr:=~ ~7 minu~ 11 ~econds E~ 282.45 f~ :o a found ::ncmm monum:nt; South 5I de~s 42 m/nutes 45 sm:onds East, a distm,nce of 149.32 fe=t (call South $1 d=gr~.s 30 minums 48 seco~ B~ a dis~cc of 148.96 f~t)to a found monum=n:; Thence, along th,~ proposed right-of-way li~e of said Stat~ Highway 288, South 87 de.m'ee.~ 25 minu~s 2g seeond~ West, at a distance of 105.00 f~t pasa a $/8-inch iron rod.with TxDot aluminum cap ~ua-npm:I "COA" set for th: beginning of a Consol of ~c:~ Hn~, ~d continuing for a total ~s~ of 535.56 feet to a 5/g-inch iron rod wi~ a TxDOT ~u~num c~p ~t for po~r of c~ m ~ ~ghg Thence, along the proposed right-of, way of said Stat= Highway 288 and r~dd Control ria¢ following four (4) cour.s, es: 7B. 19 f~et along thru arc of said entre to thc right, having a :=ntral angle of 89 degrees 36 minutms 15 seconds, a rmtiu; of 50.00 fe:t'and a chord bearing md distance of.North 47 d~gr~_a 46 minums 2~5 smeon~ W~t, 70d-7 fe-..t to a $/8-1nr. h iron rod with a Tx.DOT ~luminura =~ s:~ Norrah 02 d~gr~_s 58 rninut~ I9 sa¢on~ Wrest, a distmnce of 1.37.86 feet to a 5~8'-'tach iron rod with a TLDCT aluminum ~ s~t for point of curve to the left; 2~-0,73 f:=; along the arc of -~aid curve to thru l:ff, h~.ving a :-.ne-al. angle of 04 degrees ~5 minams g7 se:onds, a radins of 3002.60 f~t and a chord b~a'ing and distance of North 05 d:grees 16 minut~ 07 .~e~onds West, 240.67 feet to a S/B-inch iron rod with a TxDOT. aluminum :alp set; North 07-degrmms 33 minums 5{5 secon~ West, a distance of 6581.27 fe=t to --nd of said Conu'ol of Process lin:, sam, b~ing the Point of Beginning and containing 5.1719 acres of land. C.I. No. 1204-01 EXHIBIT "B" Petitioner requests consent for the inclusion of the aforesaid lands in a municipal utility district under the following conditions: (a) Bonds: Bonds may be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Pearland, or otherwise acquiring waterworks systems, sanitary sewer systems, sewage treatment facilities, storm sewer systems and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary lands, right-of-way easements, sites, equipment, buildings, plants, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. All District bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one- half percent~ (2 1/2%) ~of par value reducing one-half (1/2) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five percent (95%) of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the "Daily Bond Buyer" in its weekly "20 Bond Index" during the thirty-day period next preceding the date of notice of sale of the bonds. Bids for the bonds will be received not more than forty-five (45) days after notices of sale of the bonds is given. The order or resolution of the District authorizing the issuance of all refunding bonds of the District shall be approved by the City Council .of the City. The District's order or resolution authorizing the issuance of its bonds will contain a provision that the pledge of the revenues from the operation of the District,s water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City of Pearland, Texas, or some other city annexes the District, takes over the assets of the District and assumes all of the obligations of the District. No land will be added or annexed to the District until the City of Pearland has given its written consent .by resolution of the City Council to such addition or annexation. (b) Plans and specifications: Before the commencement of any construction within the District, the District, its directors, officers or the developers and landowners shall submit to the City or its designated representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications by the City. All water wells, water meters, flush valves, valves, pipes and appurtenances installed or used within the District shall conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and appurtenances thereto, installed or used within the District shall comply with the City's standard plans and specifications. Prior to the construction of 'such facilities within the District, the District, or its engineer, shall give written notice to the City starting the date that such construction will be commenced. The construction of the District,s water, sanitary sewer and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City, and during the progress of the construction and installation of such facilities, the City or an employee, or a designated agent thereof, may make periodic on-the-ground inspections. As a further definition of the terms used in this paragraph, specific mention of the fact is made that "plans and specifications," "standard plans and specifications," "approved plans and specifications,,, or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the Board of Directors of the District to determine what facilities may be constructed, paid for and maintained by the District. (c) Plat Approval: The owner or developer of the land within the District shall covenant and agree that he or they will, prior to the sale of any residential lot, obtain the approval of the Planning and Zoning Commission and the City Council, if normally required, of a plat thereof and properly recOrd it in the deed records.. The District will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the Planning and Zoning Commission and the City Council. (d) Inspection and Reports: Full-time resident inspection shall be provided during the construction period by District inspectors. In addition, an additional inspector or inspectors shall be furnished at City expense, if deemed necessary by the city Engineer. Daily inspection reports will be kept on file by the District,s engineer. Monthly inspection reports shall be furnished to the City. Except as provided by law, all construction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless otherwise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds, payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as-built,, plans to the City by the Engineer for the District shall be required. (e) Initial Board: At least one of the persons nominated for appointment by the Texas Natural Resource Conservation Commission as temporary directors of the District shall be a person selected by the City Council. (f) Bond Escrow: The District shall not be permitted to escrow any funds in excess of two (2) years interest on the bonds which the District issues and shall levy a tax simultaneously with the first installment of such bonds and will continue a tax levy until such bonds are paid in full, unless the revenues of the system are adequate to discharge such bonds. (g) Bond Sales: Prior to the sale of any series of District bonds, the District shall secure a letter of the Mayor to the effect that the District is in compliance with this Article, and a letter of the Mayor addressed to the Attorney General of Texas approving or objecting to the issuance of any bonds of the District. Such letters of the Mayor shall be given with a reasonable time upon request. (h) Utility Rates: The District will use its best efforts to charge rates for water and sewer service not less than the rates charged by the City to its Customers. However, the nature and amount of such rates shall be within the sole and exclusive discretion of the Board of Directors of the District. (i) City Recommendations: The City of Pearland, acting through the..Mayor and the City's financial advisor, will make recommendations to the Board of Directors of the District and its financial advisor as to the amount of the bonds that shall be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds, and the sale and delivery of the District bonds. However, the District shall be under no obligation to obtain or comply with City recommendations prior to sale. (j) Utility Operations: The District will have its water and sewer system operated and maintained by the City, if both the 3 City and the District can agree upon mutually satisfactory terms and conditions. (k) Deposit: Within six (6) months after consent to the creation of a District is given by the City or within six (6) months after the District holds a bond election, whichever is later, the District shall pay or cause to be paid Twenty Thousand and No/100 Dollars ($20,000.00) to reimburse the City for all of its actual fiscal, legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the District; (2) the financial advisory services described in Subsection (i) hereof; (3) the City's review of plans and specifications of the District's facilities; and (4) supervision of inspection of the District's facilities. The District shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand and No/100 Dollars ($5,000.00). Such sum shall be used by the City for the purpose of paying said costs incurred for that purpose. If any part of the deposit is not needed for the purpose of paying such fees and expenses, it shall be returned forthwith to the District. No interest will be allowed on any deposit. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the District. The persons requesting the City's consent to the creation of a District shall be obligated to guarantee the payments imposed upon a District as set forth in the Subsection. TRACT 8 5.1719 ACRES VICINITY MAP TRACT 11 1732 ACRES TRACT $ 66.82 ACRES' ~.U.. No. 2 TRACT 10 ACRES TRACT 9 ~.00 ACRES TRACT 4 159.5547 ACRES ELC.~.U.~). ~o, 3 HATCHED AREAS REPRESENT TRACTS PROPOSED FOR ANNEXATION TRACT 5 lg.g87g ACRES THIS EXHIBIT DOES NOT REPRESENT A BOUNDA, RY MAP TRACT 6 109.860 ACRES EXHIBIT OF BIL~CZORIA COUNTY MUNICIPAL UTILITY DISTRICT No. BRAZORIA COUNTY, TEXAS JuLy 2oo4