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Ord. 1541 2017-08-14 ORDINANCE NO. 1541 An Ordinance of the City Council of the City of Pearland, Texas, approving Consent Conditions and consenting to the creation of Brazoria County Municipal Utility District No. 69 (the "District") within the City's corporate boundaries. WHEREAS, the Texas Legislature, during its 85th Legislative Regular Session, passed House Bill No. 1962 ("H.B. 1962"), codified as Chapter 7970 of the Special District Local Laws Code (the "Act"), creating the District on 370.652 acres of land, more or less, located within the City's corporate boundaries (the "Property"); and WHEREAS, Section 54.016 of the Texas Water Code provides, in part, that land within a city's corporate boundaries may not be included within a district without the city's written consent; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council of the City of Pearland, Texas, subject to the conditions attached hereto as Exhibit "A" (the "Consent Conditions"), gives its written consent to the creation of the District on the Property, described in Exhibit "B" attached hereto. Section 2. This Ordinance when properly executed is the City's written consent to the creation of the District to serve the Property. This consent is given and made expressly subject to the Consent Conditions. No further action shall be required on the part of the City to indicate such consent. Notwithstanding the foregoing, the City Manager, or his designee, is hereby authorized to execute and deliver any additional documentation evidencing such consent as may be reasonably requested by the District or required by any regulatory authority having jurisdiction over the District. ORDINANCE NO. 1541 Section 3. The District is authorized to exercise all powers granted to municipal utility districts which may be hereinafter granted under the Constitution and laws of the State of Texas, including, but not limited to, the power to provide water, wastewater and drainage facilities, parks and recreational facilities, and roads, and to issued bonds for such purposes, provided however, the exercise of such powers shall be subject to the terms and conditions set forth in the Consent Conditions, that certain Development Agreement by and between the City of Pearland and First Capital Partners, LLC, dated effective as of July 20, 2017, as the same may be modified or otherwise amended, and the Act. Section 4. That the City Council of the City of Pearland, Texas authorizes the City Manager to execute that certain Utility Services Agreement, passed and approved by the City Council on May 22, 2017 as part of Resolution R2017-86. PASSED and APPROVED ON FIRST READING this the 24th day of July, A. D., 2017. T.? TOM REID MAYOR ATTEST: A NG ii; °"ING.. R ! _Z5 j •` ' ' Y SE 'ETARY ORDINANCE NO. 1541 PASSED and APPROVED ON SECOND AND FINAL READING this the 14"' day of August, A. D., 2017. c_ii—M-LY-1? Et—i TOM REID MAYOR ATTEST: • UNG FIN R1dIC ": " TY SECRETARY ''''''',I,I I I l oo\`\`` APPROVED AS TO FORM: — x DARRIN M. COKER CITY ATTORNEY Ordinance No. 1541 Exhibit "A" EXHIBIT • CONSENT CONDITIONS 1. The City of Pearland, Texas (the "City"), through its City Manager, and the developer on behalf of the District shall enter into and execute a utility services agreement in substantially the form attached hereto as Exhibit "J-1," to specify the terms and conditions for providing water and sewage treatment services to the District the 'Utility Agreement"). Upon the District's creation and confirmation, the District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein, 2. Following final approval by the City of the first preliminary plat in the District, all meetings of the District conducted in accordance with the Texas Open Meetings Act shall be held within the City's incorporated limits. 3. The District may issue bonds, including refunding bonds, for any purposes • authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, roads and recreational facilities or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of- way, easements, sites, equipment, buildings, plants, structures, and facilities therefore, and to operate and maintain the same, and to sell water, sanitary sewer, and other services within the boundaries of the District. All bonds issued by the District shall comply with the following terms: a) Provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that 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, will 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 one-month period next preceding the date of the sale of such bonds. • b) The District shall not fund more than 24 months capitalized interest . ( r in a single bond issue. c) Bond issuances shall provide for payment of no less than 40% of the principal within the first half of the bond maturity schedule. d) The District's initial bond debt maturity date shall not exceed 35 years. Subsequent bond issuances that exceed the maturity date for the initial bonds shall require City Council consent by adoption of a resolution,which such consent shall not be unreasonably withheld, conditioned or delayed. e) No additional land may be annexed into the District unless the City i Council adopts a resolution granting its consent to the annexation. I) Each year the District shall provide a copy of the order establishing its ad valorem tax rate to the City Director of Finance within 30 days after the District's adoption of the rate. g) Each year the District shall provide.a copy of its annual audit to the City Finance Director within 30 days of the District's acceptance of the audit. II) The resolution authorizing the issuance of the District's bonds shall contain a provision that the pledge of any 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 annexes the District, takes over the assets of the District, and assumes all of the obligations of the District. 4. Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will 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 may make periodic on-the-ground inspections. 455220,2 • • • Ordinance No. 1541 Exhibit "B" H.B. No. 1962 EXHIBIT • - i TRACT ONE Being a tract of land containing 158.478 acres (6,903,334 square feet) , located within the C.W. Groos Survey, Abstract-525 in. Brazoria County, Texas; Said 158.478 acre tract being a portion of a called 160 acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of the Brazoria County Deed Records (B.C.D.R. ) and all of• a called 13.655 acre tract recorded in the name of H.L.& P. Co. in Volume 1149, Page 240 of the B.C.D.R. ; Said 158.478 acre tract being more particularly described by metes and bounds as follows (Bearings are based on the Texas Coordinate System of 1983, South Central Zone per GPS observations) : Beginning at a 5/8-inch iron .rod found at the southwest corner of a called 40.0000 acre tract of land recorded in the name of Prabhakar Rao Draksharam in Brazoria County Clerk's File Number (B.C.C.F. No.) 2007030107, same being on the north line of a called 151.44 acre tract recorded in the name of C.W. Way in Volume 272, Page 103 of the B.C.D.R. , for the southeast corner of said 160 acre • i ii { H.B. No. 1962 tract and the herein described tract, said iron rod being on the Right-Of-Way. (R.O.W.) line of County Road 128 (30 foot easement reserved along the north line in Volume 124, Page 477 of the B.C.D.R. , no easement reserved along the south line of said 160 acre tract found) ; Thence, with the north line of said 151.44 acre tract and the south line of said 160 acre tract and said 13.655 acre tract, South 87 degrees 19 minutes 22 seconds West, a distance of 2634.42 feet to 9 a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set at an angle point in said 151.44 acre tract, for the southwest corner of said 160 acre tract and the herein described tract; Thence, with the upper east line of said 151.44 acre tract, the east line of a called 138.83 acre tract of land recorded in the name of Margurite Massey Smith Charitable Remainder Trust, U.A. in B.C.C.F. No. 2010013347, same being the west line of said 160 acre tract, North 02 degrees 36 minutes 15 seconds West, at a distance of 1389.29 feet pass a 5/8-inch iron rod found at the southeast corner of said 138.83 acre tract, same being the upper northeast corner of said 151.44 acre tract, and continue in all a total distance of 2634.99 feet to a 5/8-inch iron rod with a MSG cap set for the . northwest corner of said 160 acre tract and the herein described tract; Thence, with the north line of said 160 acre tract, said 13.655 acre tract and the south line of a called 80 acre tract recorded in the name of Georgeanne and William Reeves in B.C.C.F. No. 99026030, the south line of a called 247.91 acre tract recorded in the name of RMJ Miller Real Estate Holdings, Ltd. in B.C.C.F. • • H.B. No. 1962 No. 2002020349, and the south lines of a called 0.8902 acre tract of land recorded in the name of the City of Pearland in B.C.C.F. No. 2009045975, the following three (3) courses: 1. North 87 degrees 17 minutes 52 seconds East, at a distance of 12.2 feet pass a railroad rail in concrete found at the called southwest corner of said 80 acre tract, from which a found 1-inch iron pipe bears South 76 degrees 10 minutes East, a distance of 30.8 feet, and at a distance of 1320.06 feet pass a 3/4-inch iron pipe found at the southeast corner of said 80 acre tract and continue in all a total distance of 2227.43 feet to a 5/8-inch iron rod with a MSG cap set at the northwest corner of said 0.8902 acre tract, for the westerly northeast corner of the herein described tract; 2. South 51 degrees 39 minutes 45 seconds East, a distance of 165.85 feet to a 5/8-inch iron rod with a CL Davis cap found at the southwest corner of said 0.8902 acre tract, for an angle point in the north line of the herein described tract; 3. North 87 degrees 18 minutes 49 seconds East, a distance of 279.87 feet to a 5/8-inch iron rod with a CL Davis cap found the southeast corner of said 0.8902 acre tract, same being on the lower west line of said 247.91 acre tract, and being on the east line of said 160 acre tract, for the easterly northeast corner of the herein described tract; Thence, with the lower west line of said 247.91 acre tract, the west line of said 40.0000 acre tract and the east line of said 160 acre tract; South 02 degrees 38 minutes 46 seconds East, at a distance of 1207.41 feet pass a concrete monument found at a H.B. No. 1'962 southwest corner of said 247.91 abre tract, same being the northwest corner of said 40.0000 acre tract, and continue in all a total distance of 2527.16 feet to the Point of Beginning and containing 158.478 acres of land. TRACT TWO Being a tract of land containing 212.174 acres (9,242,293 square feet) , located within the H. Stevens Survey, Abstract-593 in Brazoria County, Texas; Said 212.174 acre tract being a portion of a called 138.83 acre tract recorded in the name of Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's File Number (B.C.C.F. No.) 2010013347, all of a called 5.00 acre tract of land recorded in the name of William Stephen Summers and wife, Lois Winifrede Smith Summers in Volume (V.) 1318, Page 9 (P.) 700 of the Brazoria County Deed Records (B.C.D.R.) , all of a called 5.00 acre tract of land recorded in the name of Lois Winifrede Summers in V. 1775, P. 250 of the B.C.D.R. , a portion of a called 5.00 acre tract of land recorded in the name of Lois Winifrede Summers in V. 1775, P. 248 of the B.C.D.R. , all of a called 10.55 acre tract of land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052681, a portion of a called 4.45 acre tract of • land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, and all of a called 45.00 acre tract of land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682; Said 212.174 acre tract being more particularly • described by metes and bounds as follows (Bearings are based on the Texas Coordinate System of 1983, South Central Zone per GPS observations) ; H.B. No. 1962 Beginning at a 1-inch ion pipe found at the northwest corner of a called 151.44 acre tract recorded in the name of C.W. Way in Volume 272, Page 103 of the Brazoria County Deed Records, same being on the east line of a Lot 44 of the Allison-Richey Gulf Coast Home Co. Part of Suburban Gardens, a subdivision plat of record in Volume 2, Page 89 of the Brazoria County Plat Records (B.C.P.R. ) , said Lot 44, recorded in the name of Plains Exploration & Production Company, L.P. in B.C.C.F. No. 02-033907, for the southwest corner of said 138.83 acre tract and the herein described tract; . Thence, with the east line of Lots 44 thru 42 all recorded in said B:C.C.F. No. 02-03307, the east line of Lots 41 and 40 being recorded in the name of Jimmy Brown in B.C.C.F. No. 1998020191, the east line of Lot 39 recorded in said B.C.C.F. No. 02-033007, the east line of Lot 38 recorded in the name of Danny O. Waldon in B.C.C.F. No. 96-0254867, the east line of Lot 37 recorded in the name of International Victory Christian Church in B.C.C.F. No. 2015007219, same being the west line of said 138.83 acre tract, North 02 degrees 36 minutes 15 seconds West, at a distance of 2905.73 feet pass a found railroad spike at the northeast corner of ' said Lot 39, and at a distance of 3862.37 feet pass a 5/8-inch iron +I rod with a Miller Survey Group (MSG) cap set on the. occupied south Right-Of-Way (R.O.W. ) line of McKeever Road (County Road 1.00 width varies, monumented at 62.7 feet, north 20 feet per Volume 2, Page 89, B.C.P.R. ) , and continue in all a total distance of 3897.23 feet to a "P-K" nail set in asphalt pavement for the northwest corner of said 138.83 acre tract and the herein described tract; Thence, with the north line of said 138.83 acre tract, said • i 1 H.B. No. 1962 • 10.55 acre tract, said 5.00 acre tract (V. 1775, P. 248) and said 4.45 acre tract, North 87 degrees 21 minutes 45 seconds East, a distance of 2384.30 feet to a "P-K" nail set in asphalt pavement at the northeast corner of said 4.45 acre tract, for the northeast corner of the herein described tract; • Thence, with the east line of said 4.45 acre tract, South•02 degrees 36 minutes 15 seconds East, at a distance of 32.55 feet pass a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set on the occupied south R.O.W. line of said McKeever Road, at a distance of 41.87 feet pass a 5/8-inch iron rod found, •and continue in all a total distance of 246.27 feet to a 5/8-inch iron rod with a cap found•on the northeast line of a called 1.1852 acre tract of land recorded in the name of the City of Pearland, Texas in B.C.C.F. No. 2011044376, from which a 5/8-inch iron rod with a CL Davis cap found bears South 51 degrees 41 minutes 48 seconds East, a distance of 12.55 feet; Thence, with the lines of said 1.1852 acre tract, the following four (4) courses: 1. North 51 degrees 41 minutes 48 seconds West, a • distance of 262.16 feet to a 5/8-inch iron rod with a cap found at an angle point; • 2. South 87 degrees 18 minutes 40 seconds West, a distance of 49.92 feet to a 5/8-inch iron rod with a cap found at an angle point; 3. South 38 degrees 18 minutes 12 seconds West, a distance of 107.26 feet to a 5/8-inch iron rod with a cap found at an angle point; • • H.B. No. 1962 4. South 51 degrees 41 minutes 48 seconds East, a distance of 421.14 feet to a 5/8-inch iron rod with a cap found on the east line of said 4.45 acre tract, from which a 5/8-inch iron rod with a CL Davis cap found bears South 51 degrees 41 minutes 48 seconds East, a distance of 12.84 feet; Thence, with the east line of said 4.45 acre tract and the east line of said 138.83 acre tract, South 02 degrees 36 minutes 15 seconds East, a distance of 3465.72 feet to a 5/8-inch iron rod found at the northeast corner of said 151.44 acre tract, for the southeast corner of said 138.83 acre tract and the herein described tract; Thence, with the line north line of said 151.44 acre tract and the south line of said 138.83 acre tract and said 45.00 acre tract, South 87 degrees 21 minutes 45 seconds West, a distance of 2384.30 feet to the Point of Beginning and containing 212.174 acre of land. Save and except the following 0.1697 acre tract: • i Being a tract of land containing 0.1697 acres (7,394 square feet) , located in the H. Stevens Survey, Abstract-593 in Brazoria County, Texas; Said 0.1697 acre tract being all of a called 0.1319 acre tract of land recorded in the name of the City of Peaxland, Texas in B.C.C.F. No. 2011044376 and all of a called 0.0378 acre tract of land recorded in the name of the City of Pearland, Texas in • B.C.C.F. No. 2011044379; Said 0.1697 acre tract being more particularly described by metes and bounds as follows (Bearings are based on the Texas Coordinate System of 1983, South Central `Lone per GPS observations) : • Commencing at a S/8-inch iron rod found at the northeasterly • 1 • 1 • • H.B. No. 1962 corner of a called 1.1852 acre tract recorded• in the name of the City of Pearland, Texas in B.C.C.F. No. 2011044376; Thence, through and across a called 4.45 acre tract recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, North 51 degrees 41 minutes 48 seconds West, a distance of 18.29 feet to a • 5/8-inch iron rod with a MSG cap set at the southeast corner of said 0.1319 acre tract for the southeast corner of and Point of Be ginnin I g of the herein described tract; Thence, with the south line of said 0.1319 acre tract and 0.0378 acre tract, South 87 degrees 18 minutes 47 seconds West, a I distance of 263.76 feet to a 5/8-inch iron rod found at the southwest corner of said 0.0378 acre tract, for the southwest corner of the herein described tract; Thence, with the west line of said 0.0378 acre tract, North 02 degrees 41 minutes 13 seconds West, a distance of 30.00 feet to a 5/8-inch iron rod with a MSG cap set at the northwest corner of said 0.0378 acre tract, for the northwest corner of the herein described tract; • Thence, with the north line of said 0.0378 acre tract and 0.1319 acre tract, North.87 degrees 18 minutes 47 seconds East, a distance of 229.23 feet to a 5/8-inch iron rod with a MSG cap set at the northeast corner of said 0.1319 acre tract, for the northeast • corner of the herein described tract; Thence, with the easterly line of said 0.1319 acre tract, I South 51 degrees 41 minutes 48 seconds East, a distance of 45.74 feet to the Point of Beginning and containing 0.1697 acres of land. l I Daisy Mata From: Susie Hutchinson Sent: Friday, August 11, 2017 2:30 PM To: Daisy Mata Subject: Emailing: Saldana Request Attachments: Saldana Request.pdf There were no permits on this property during the specified time frame. I hope I filled the form out correctly. Your message is ready to be sent with the following file or link attachments: Saldana Request Note: To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Susie Hutchinson Office Assistant Community Development Get Connected: © City of Pearland 1 3523 Liberty Dr. Pearland, TX 77581 � P: 281.652.1796 pearlandtx.gov • • 1