R2022-129 2022-06-13RESOLUTION NO. R2022-129
A Resolution granting the consent of the City Council of the City of Pearland,
Texas, consenting to the annexation of approximately 110.101 acres, (SH 35 at
Bailey Drive), into Harris-Brazoria Counties Municipal Utility District No. 509.
WHEREAS, Harris-Brazoria Counties Municipal Utility District No. 509 was created
by House Bill No. 4080, 80th Legislature, Regular Session, of the State of Texas (the
“Legislation”) and is located wholly in the City’s corporate boundaries; and
WHEREAS, Section 54.016 of the Texas Water Code provides 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland, Texas, gives its written
consent to the annexation of 110.101 acres, as more accurately described in Exhibit “A”
attached hereto, into the boundaries of Harris-Brazoria Counties Municipal Utility District No.
509, subject to the conditions attached hereto as Exhibit “B,” which conditions apply to all
land in the District.
PASSED, APPROVED and ADOPTED this the 13th day of June, A.D., 2022.
____________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
LESLIE CRITTENDEN
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
PIITITION FOR CONSENT TO ANNEX LAND ll\T()
IIARRJS-BR/\ZORIA COUNTIES MUNICIPAL UTILITY DISTRICT NO.509
TI IF,STAT E OF TEXAS
mzrmun
COIJNIY OF BRAZORIA
TO TIIE I IONORABI F MAYOR AND CITY COUNCIL OF 'l‘I*lI-1,CI TY OI-‘I’IiARI.AND,
TEXAS:
The undersigned,277 DANZICER INVESTMENTS,LTD,a Texas limited
partnership (the ”I’etitioner")and HARRIS-BRAZORIA COUN ll 9 MUNICIPAL
UTILITY DISTRICT NO.509 (the ”District"),acting pursuant to the provisions of Chapter
49,Texas Water Code,particularly Section 49.301,together with all amendments and
additions thereto,respectfully petition the City Council oi the City oi Pearland,Texas
(the ”City”),for its written Consent to the annexation by the District of apprmcimately
110.101 acres of land in two (2)parcels described by metes and bounds in Exhibit A-1
and Exhibit A-2 (the ”I.and"),which is attached hereto and incorporated herein for all
purposes.In support of this petition,the undersigned would show the following:
I.
The District is a municipal utility district duly created under the laws of the State
of Te as on Iune 15,2007,The District was created and organized under the terms and
provisions of Article XVI,Section 59,of the Constitution of Texas,and is governed by the
provisions of Chapters 49 and 54,Texas Water Code,as amended.
II.
The Petitioner holds fee simple title to the Land,as indicated by the certificate of
ownership provided by the Brazoria County Appraisal District and supplemented,as
needed,by certified deeds recorded in the Official Public Records of Brazoria County,
Texas.
III.
The Petitioner represents that there are no lienholders on the Land.
The Land is situated wholly within Brazoria County,Texas.No part of the landiswithinthecorporatelimitsofanyincorporatedcity,town or village except the City,and no part of the lxaiid is within the eXI‘l‘£.1tEI‘i‘1t0I‘i?l]I1rlSCl.t(‘l.IOI1(as such term is definedofTexasLocalGoverninentCodeSection42.021 gts_c1,,as amended)of any City,town orvillage.All of the Land may properly be annexed into the District.(015331
V,
The general nature of the work to be done within the Land is the constriictioii,
acquisition,maintenance and operation of a waterworks and sanitary sewer system,and
a drainage and storm sewer system.
Vi.
There is,for the following reasons,a necessity for the above-described work.The
Land,which W'lil be developed for commercial and/or residential purposes,is urban in
nature,is within the growing environs of the City,is in close proximity to populous and
developed sections of Brazoria County,Texas,and within the immediate future will
experience a substantial and sustained residential and commercial growth.There is not
now available within the Land an adequate waterworks and sanitary sewer system nor
an adequate drainage system,and it is not presently economically feasible for the Land
to provide for such systems itself,Because the health and welfare of the present and
future inhabitants of the Land and of lands adjacent thereto require the rtuiistruction,
acquisition,maintenance and operation of an adequate waterworks and sanitary sewer
system and a drainage and storm sewer system,El public necessity exists for the
annexation of the Land into the District,to provide for the purchase,construction,
extension,improvement,inaintenance and operation of such waterworks and sanitary
sewer system and such drainage and storm sewer system,so as to promote the purity
and sanitary ijoiiditioii of the State's waters and the public health and welfare.ot the
Community.
Vii.
The undersigned estimate,from such information as they have at this time,that
the rost of extending the District’s facilities to serve the Land is $13,320,000.
Vlll.
Petitioner and the District agree and hereby covenant that if the requested consent
to the annexation of the Land to the District is given,the Petitioner and the District will
adopt and abide by the conditions set forth in Exhibit 8,attached hereto and incorporated
herein for all purposes.
WHEREFORE,the undersigned respectfully pray that this petition be heard and
granted in all respects and that the Ci ly give its written K.‘0IlSE!lltto the aiincxation oi the
Land into the District.
[EXECUTION FOLLOW]iuixssi
I{ESPF.CTFl}l.LY SUBMl'l'l'l:'D on (0
___
2022
I lARRIfv'—BRA/ORIA COUNIJES
X/IUNICIPAI,UTILITY DISTRICT NO.509
(ClYOlO lé cm‘Q7,
Title:P(Pb\C>\f.YH’
ATTEST:
2 ff
Name:7 I K O
Title:S€ClrQJ\/C\LN‘
THE STATE O17TEXAS
tazfazrau
COUNTY OF HARRIS
r
This ins rrumcnt was iiL‘I<I10\VI€dgE(]before me on
by _\Z:§.<u'do \€oc\n me as Pres\_
and gxemml \&CLr.Y_\_D_0PP Secmmn/1
of the Board ofJDi_\'ecto)'sof I-IARRlS—BR/\74ORIACOUNTIES I\‘/IUNICIPAI.UTILITY
DISTRICT NO.509,a political subdivision of the Stale of Texas,on behalf of said political
subdivisiun.
ExplvesDeeembet1.2024(NOTARY SEAL)iuumi
277 DANZIGER INVESTMENTS,L'[‘D.,
a Texas limited partnership
By:FW Companies,LLC,a Texas limited
Liabilitycompany,its General Partner
Israel ogizl,President
THE STATE OF TEXAS §
‘.5
COUNTY OF EEXAR §
This instrument was acknowledged before me on May 2 2022,
by Israel Fugiel,President of FW Companies,LLC,a Texas limited liability company,
General Partner of 277 DANZIGER 1NVE5'1'l\/lE[\lTS,LTD.,a Texas limited pannexshxp,
on behalf of said limited nabuny company and said 1n-nnea partnership.
MARIANG ADAMS
Nunrv Pumiu.Sula acmas
);Comm Expi:u:na.o&1n24
°‘NuturvID 10599254 Nata y Public,State at Texas
(NOTARY SEAL)
Anndunents:
Fgdaibit A-1:Description of the 23.038~acle pomanof the Land
Exhibit A—2:Descripuon of the 87.063—acrepoman of the Land
wins)
EXHIBIT Arl
October 7,2021
Job No.LJAS00i-1326-0016
METES AND BOUNDS DESCRIPTION OF
23,038 ACRES
ANNEXATION TRACT 1
HARRIS-BRAZORIA COUNTIES MUNICIPAL UTILITY DISTRICT NO.509
Being 23.038 acres of land located in the FE.Drake Survey,Abstract 507,Brazoria
County,Texas,being all of Lots 218,225,and a portion of Lot 23 of the L.W.Murdock
Subdivision as shown in Volume 29,Page 174 of the Deed Records of Brazoria County,Texas
(B.C.D.R.)more particularly being a portion of the residue ot that certain called 53.8565 acres of
land conveyed to Richard J.Burns and Bobby W.Shotwell,Partnership,by an instrument of
record in Volumed (88)609,Page 727 of the Official Records of Brazoria County,Texas,
(B.C.O.R.),said 53.8565 acres quitclaimed from Bobby W.Shotwell to Richard J.Burns by an
instrument of record in Document Number 2004071110,B.C.O.R.,said 23.038 acres being
more particularly described by metes and bounds as tollows (all bearings reterenced to the
Texas Coordinate System,South Central Zone;
BEGINNING at a 1/2-inch iron pipe found for the northwest corner of said 53.8565 acre
tract and the most westerly southwest corner of the Minor Plat of Bailey Business Park,a
subdivision oi record under Document Number 2015036504 of the Official Public Records of
Brazoria County,Texas (B.C.O.P.Ft.),and in the east line of a 100’wide Burlington Northern
Sante Fe Railroad,as shown on said L.W.Murdock Subdivision;
Thence,along the south line of said Minor Plat oi Bailey Business Park,the following
three (3)courses:
1.North 86°41‘45"East,along the north line of said 53.8565 acre tract,718.70 feet to
a 1/2-inch pinched top iron pipe lound for corner;
2.South 03“18‘54"East,departing said north line,634.34 feet to a 1/2-inch iron rod
3.North 86“41‘06"East,1,060.78 feet to a 5/8-inch iron rod with cap stamped "CLDAVISRPLS4464"for the west corner of that certain called 0.256 acre tractPageIof3s:\Sectors\survcy\Pmiec|s\LJAS0r)t\t325\uo1s\LErsALs\2a,naH Ac M&E Annex Tract i.doc
23.038 Acres October 7,2021
Job No.LJASO01-1326-0016
described in the deed to the City of Pearland,by an instrument of record under
Document Number 2004059018,B.C.O,P.Ft.,and a north corner of that certain
called 5.059 acre tract described in the deed to the City of Pearland,by an
instrument of record under Document Number 2012051508,B.C.O.F'.R.,said point
lying in the northwesterly right-of-way line of Bailey Fload (width varies);
Thence along the northwesterly line of said 5.059 acre tract (Bailey Road),the following
three (3)courses:
1.South 57'’45'50“West,909.35 feet to a 5/8-inch iron rod with cap stamped "CL
DAVIS RPLS 4464”found for corner;
2.South 74“18‘55"West,351 .03 feet to a 2-inch Metal Post found for corner;
3.South 57°45'50"West,352.40 feet to a point for corner in the north line of that
certain called 2.520 acre tract described in the deed to the City of Pearland,by an
instrument of record under Document Number 2004066514,B.C.O.Fi.,from which a
found 5/B-inch iron rod with cap stamped “CL DAVIS RPLS 4464"bears South 12”
11'07“West,023 feet;
Thence,South 86“41'06"West,along the north line ol said 2.520 acre tract,23.19 feet
to a point for corner in the east line of the alorementioned Burlington Northern Santa Fe
Railroad,same being the southwest corner of the aforementioned 53.8565 acre tract,from
which a found 5/8~inch iron rod bears South 07“16'06"East,0.20 feet;
Thence,North 16“29'32“West,along the east line of said Burlington Northern Santa Fe
Railroad and the west line of said 53.8565 acre tract,1,355,55 feet to the POINT OF
Page 2 of 3S:\Sectcrs\Survey\Proiecls\LJAS0l)1\l325i001S\Ll£GALS\23 039 Ac Mat!Annex iiact icon
23.038 Acres October 7,2021
Job No.LJAS001-1326-0016
‘This document,prepared under §22 TAC 663.21,does not reflect the results of an on
the ground survey and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared."
LJA Surveying,inc.
Page 3 of 3S:\Sectors\Survey\Fruiects\LJASU0l\1325\0Dl 6\LEGALs\2a.03s Ac Mm Annex Tract l mu:
EXHIBIT’A-2
October 7,2021
Job No.LJAS0014326-0016
METES AND BOUNDS DESCRIPTION OF
87.053 ACRES
ANNEXATIONTRACT 2
HARFIIS-BRAZOFIIACOUNTIES MUNICIPAL UTILITYDISTRICT NO,509
Being 87.063 acres of land located in the FE.Drake Survey,Abstract 507,and the H.
Stevens Survey,Abstract 594,Brazoria County,Texas,being a ponion of Lot 23 and 24 of the
L.W.Murdock Subdivision as shown in Volume 29,Page 174 of the Deed Records of Brazoria
County,Texas (B.C.D.R.)more particularly being a portion of the residue of that certain called
53.8565 acres of land conveyed to Richard J.Burns and Bobby W.Shotwell,Partnership,by an
instrument of record in Volume (88)609,Page 727 of the Official Records of Brazorla County,
Texas,(B.C.O.Fl.),said 53.8565 acres quitclaimed from Bobby W.Shotwell to Richard J.Burns
by an instrument of record in Document Number 2004071110,B.C,O.R.,and being the residue
of that certain called 74.712 acres of land conveyed to Jud’s Food Stores,Inc.by an instrument
of record in Document Number 94-004500,B.C.O.Fl.,said residue described as 70.5489 acres
in the Deed of Trust recorded in Document Number 2011043841,B.C.O.P.R.,said 87.063 acres
being more particularly described by metes and bounds as follows (all bearings referenced to
the Texas Coordinate System,South Central Zone,NADB3 (NA2011)Epoch 2010.00);
BEGINNING at a 5/E-inch iron rod with cap stamped “C.L.DAVIS RPLS 4484"found for
the southwest corner of said 70.5489 acre tract and the northwest corner of that certain called
19.6077 acre tract conveyed to D’Agostaro Real Adventures,LTD,,by an instrument of record
in Document Number 2021007930,B.C.O.F',Fl.,and the northeast corner of that certain called
0.8054 acre tract,described in Notice of Lis Pendens,by an instrument of record in Document
Number 2006044841,of the Official Records of Brazoria County,Texas,(B.C.O.R.),and the
southeast corner of that certain called 1.6402 acre tract conveyed to the City of Pearland,by an
instrument of record in Document Number 2006032570,B.C.O,P.Fl.;
Thence,North 16°29‘58“West,along the west line of said 70.5439 acre tract and the
DAVIS RPLS 4464"found for corner,said point lying in the south line of that certain called 2.520acretractconveyedtoCityofPearland,by an instrument of record in Document Number2004066541,B,C.O.R.;Page 1 of 4S:\Sectors\5urvey\Pro]ecls\LJAS00t\1826\(]016\LEGALS\B7 063 As Mae Annex Tract 2,doc
87.063 Acres October 7,2021
Job No.LJAS0014326-D016
Thence,North 57°45'50"East,along the south line of said 2.520 acre tract,common to
a northeasterly line of said 70.5489 acre tract.362.33 feet to a point tor corner from which a 5/B—
inch iron rod with cap stamped “C.L.DAVIS RPLS 4464",bears North 52“56'12"West,0.33
feet;
Thence,North 40°49‘35"East,continuing along said common line,at 152.91 feet
passing a 5/8-inch iron rod with cap stamped "CL DAVIS RPLS 4464"found marking the most
northerly northwest corner of said 70.5489 acre tract,same being the northeast corner of said
2.520 acre tract,and the southeast corner of that certain called 5.059 acre tract conveyed to
City of Pearland,by an instrument of record in Document Number 2012051506,B.C.O.P.R.,
continuing in all a total distance of 343.26 feet to a 5/Eeinch iron rod with cap stamped “LJA
SURVEY"set for corner;
Thence,North 57°45‘50"East,continuing along the southerly line of said 5.059 acre
tract,1,084.70 feet to a 5/8-inch iron rod with cap stamped “CL DAVIS RPLS 4464'’found
marking an east corner of said 5.059 acre tract,the southwest corner of that certain called 2.731
acre tract described in the deed to the City of Pearland,by an instrument of record under
Document Number 2006026514,B.C.O.P.Fl.,and the most westerly northwest corner of the
Minor Plat of Stripes Pearland,a subdivision of record under Document Number 2015042573,
B.C.O.P.R.;
Thence,South 03“18'54"East,departing the southeasterly right~of~way line of said
Bailey Road,and along the west line of said Minor Plat ol Stripes Pearland,26.61 feet to a point
for corner,from which a found 1-1/4-inch iron pipe bears North 67“45‘10"East,0.34 feet;
Thence.North 86“41'06"East,continuing along the south line of said Minor Plat oi
Stripes Pearland,464.79 feet to the northwest corner of that certain called 5.611 acre tract
Number 2013010994,B.C.O.P.Ft.,lrom which a found 1/2-inch iron rod bears South 09°57'35"East.0.62 feet;Page 2 of 4StSeclors\Sur\/eyiProiec|siL.lAS(lD1\t328\00I6\LEGALS\87use Ac Mae Annexiraci 2.doi:
87.063 Acres October 7,2021
Job No.LJASO01-1326-0016
Thence,South 03°19‘23"East,aiong the west line of said 3.611 acre tract,335.15 feet
to a 1/2—irtchiron rod with cap (stamping illegible)found marking the southwest corner of said
3.611 acre tract;
Thence,North 86“42'34“East,aiong the south line of said 3611 acre tract 122.42 feet
to a 1/2-inch iron rod found for the northwest corner of that certain called 5.00 acre tract
conveyed to Americasa Solutions,LLC.,by an instrument of record in Document Number
2017052108,B.C.O.P.Fi.;
Thence,South 03“17‘26“East,departing the south line of said 3.611 acre tract and
aiong the west line of said 5.00 acre tract,299.35 feet to a 5/8-inch iron rod with cap stamped
“LJA SURVEY‘set for the southwest corner of said 5.00 acre tract,said point lying in the north
line of the aforementioned 70.5489 acre tract,and in the south line of the aforementioned
53.8565 acre tract;
Thence,North 36“41‘06"East,along a south line of said 53.8565 acre tract and said
5.00 acre tract,812.70 feet to northeast corner of said 70.5489 acre tract and the southeast
corner of said 5.00 acre tract,said point lying in the west right-of-way line of State Highway 35,
from which a 1/2-inch iron rod bears North 86"41‘06'‘East,032 feet;
Thence,South 32“09'04"East.along the cast line of said 70.5489 acre tract,and the
west right-of~way iine of said State Highway 35,1,149.36 feet to a 5/E-inch iron rod with cap
stamped “LJA SURVEY”set for the southeast corner of the herein described tract.from which a
found 5/8-inch iron rod (disturbed)bears South 86“42'15"West,4.54 feet;
Thence,South 86“42‘15"West,departing the west right-of-way line of said State
Highway 35,and along the south line of said 70.5489 acre tract,and the north iine of the
87.063 acres of iand.Page 3 of 4S,\Secturs\Survsy\Proiects\LJAS001\132Et0Dt s\LEGALS\E7,U63 Ac Mao Annex Tract 2.cto<:
87.063 Acres October 7,2021
Job No.LJAS001-1326-0016
"This document,prepared under §22 TAC 665.21,does not reflect the results of an on
the ground survey and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration ol the
boundary of the political subdivision for which it was prepared."
LJA Surveying,Inc.
Page 4 of 4s:\secinrsisir~ey\l"mlecs\L.IAsmI\1:!75\no16\L FGAL_s\e7 use Ac M&BAnnex Tract 2.doc
l",Xl‘llBl'l'B
(a)The City of l’earland,Texas (the "City“),by execution of its City Manager,
and the developer on behalf of the District have entered into and executed a utility
agreement that specifies the terms and conditions for providing water and sewage
treatment services and other services to the District (the “Utility Agreement").The
District shall assume all the rights,obligations,and interest;of the developer under the
Utility Agreement,as set forth therein.
(b)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,drainage facilities,or 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,
righteofway,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,Such bonds must provide that
the District reserves the right to redeem aid bonds on any date subsequent to the
?fteenth (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 Dnihg Bum!Butlerin its weekly "20 Bond Index"during the onc—month
period next preceding the date of the sale of such bonds.The resolution authorizing the
issuance of the Disuic?s bonds will contain a provision that the pledge of any revenues
from the operation of the Dis 'ct‘s water and sewer and/or drainage system to the
paymentof 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.
(c)Before the commencement of any construction within the District,its
directors,offic 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 thereto,installed or used within the District will comply
the conshuction of such facilities within or by the District,the District or‘its engineer willgivewrittennoticebyregisteredorcertifiedmailtotheCity,stating the date that suchconstructionwillbecommenced.The con$t1‘uction 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
orbthevground inspections.
(d)Before the District commences construction of any recreational facilities
which will be financed with bond pruceeds,Lhe Districtwill submit to the Director of the
City's Parks and Recreation Deparunent,or to his designated representative,all plans
and speci?cations for the const-rucljun of such facilities and obtain the approval of such
plans and specifications.
(e)Prior to the sale of any lot or parcel of land,the owner or the developer of
the land included within the limits of the District will obtain the approval of the Planning
and Zoning Commission of the City of a plat which will be duly recorded in the Olficial
Records of Braznria County or Harris County,Texas,as appropriate,and otherwise
comply with the rules and regulations of the Engineering Department and the
Department of Public Works of the City of Pearlantl.
‘'1'IFIC.‘AI‘I_<‘
THE ST/\'I'l<.O14'I'EXA§
unun
(I()UNTIES OF IIARRIS AND BRAZORI/\§
I,the u.ndm'sigm:<I Secretary of the Board of Di1'e<'tnrs of HARRIS-BRAZORIA
C()U.\i'l'IE.‘3 MUNICIPAL UTILITY DISTRICT NO.509,do hereby Cort-ifythat the
attached and I'orPgoing is a true and correct mpy of the Petition for Consent to Annex
Land into I*Ian'1s—I§1‘azoriz\Count-ies Municipal Utility Distrivt No.509 that was ?led with
the Board of ]')i11~r:t'ors of the District on (O ,2022.
WITNESS MY IIAND AND SEAT.OF SAID DISTRICTI‘un_(Q
2022.
HARRIS-BRAZORIA COUNTIES
MUNICIPAL UTILITY DISTRICT NO.509
By:
7 (7V0
Se_gem13/BoaiclofD1IE'(‘lOIS
umml
EXHIBIT B
(a) The City of Pcarland, Texas (the "City"), by execution of its City 'Manager,
and the developer on behalf of the District have entered into and executed .r utility
•
agreement that specifies the terms and conditions for providing water and sewage
treatment services to the District (the "Utility Agreement"). The District shell assume. all
the rights,obligation,and interests of the developer under the l tility■ Agreement,as set
forth therein,
(b) The District may issue bonds, including refunding bonds,for any purposes
authorized ized by law, including but nut limited m, purchasing, refinancing,designing and
corwtrlJcting, or otherwise acquiring Vila t:erWorics systems, sanitary sewer systems, storm
sewer systems, drainage .facilities, and recreational facilities or parts of such systems or
facilities, and to Inake 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
therefor, and to operate and maintain same, and to sell. water, sanitary sewer, and other
services within or without the boundaries of the District, such bonds must provide that
the District reserves the right to redeem said bends 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 Tat 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 (2/0) abOVe the highest average interest rate
reported by the !l)af y I;(,ri i r' tr,tfc!t'. in its weekly "20 Band Index" during the one-month
period next preceding the date of the sale of such bonds. The resolution authorizing the
issuance of the Districts bonds will contain a provision that the pledge of any revenues
frorrr the operation of the District's water sewer and/or drainage system to the
payment of the I.hstrict',u bonds will t r:rrninate whr:r) and if the City annexes the District,
takes aver the assets of the District, and assumes all of the obligations of the. District.
(c) 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 '.Hereto,installed or used within the District will comply.
with the City's standard plan;, 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,
757593
Page 18 of 28
and drainage facilities will be in accordance 1.vttli 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.
(d) Before the District commences construction of any recreational facilities
which will be financed with bond proceeds, the f Nstrict will submit to the Director of the
City's Parks and Recreation Department, or to his designated. representative, all plans
and specifications for the construction of such facilities and obtain the approval of such
plans and specifications.
(e) Prior to the sale of any lot or parcel of land,the owner or the developer of
the land included within the limits of the District will obtain the approval of the Planning
and Zoning Commission of the City of a plat which will he duly recorded in the Official
Records of Brazoria County or Harris County, Texas, as appropriate, and otherwise
comply with the rules and regulations of the Engineering Department and the
Department of Public Works of the City of Pearland,
7575U3
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