HomeMy WebLinkAboutR2022-175 2022-08-22RESOLUTION NO. R2022-175
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter a First Amended Utility Agreement with
Brazoria County Municipal Utility District No. 69.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain First Amended Utility Agreement by and between the City of
Pearland and Brazoria County Municipal Utility District No. 69, a copy of which is attached hereto as
Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a First Amended Utility Agreement with Brazoria County Municipal Utility
District No. 69.
PASSED, APPROVED and ADOPTED this the 22nd day of August, A.D., 2022.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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FIRST AMENDMENT TO UTILITY SERVICES AGREEMENT
This First Amendment to Utility Services Agreement (this "First Amendment") is made
and entered into as of ____________, 2022, by and between the CITY OF PEARLAND, TEXAS,
a municipal corporation and home-rule city of the State of Texas (the "City"), and BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 69, a body politic and corporate and a political
subdivision of the State of Texas organized under the provisions of Article XVI, Section 59 of the
Texas Constitution (the "District").
WHEREAS, the City and the District entered into that certain Utility Services Agreement
dated February 7, 2018 (the "Utility Agreement"), pursuant to which the City agreed to pay to the
District the Annual Payment (as defined in the Utility Agreement), which Annual Payment
constitutes a portion of the ad valorem taxes collected by the City on land and improvements
located within the District;
WHEREAS, the District desires to annex additional land into the boundaries of the District,
including that certain 49.654 acres described in Exhibit "A" attached hereto and incorporated
herein (the "Annexation Tract"); and
WHEREAS, the City and the District now desire to amend the Utility Agreement to provide
that the Annual Payment obligations therein do not apply to taxes collected by the City on land,
and the improvements thereon, annexed into the District's boundaries after the effective date of the
Utility Agreement, including the Annexation Tract.
NOW, THEREFORE, for and in consideration of the mutual covenants and terms
contained herein and for other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, the City and District agree as follows:
1. Definitions. Unless otherwise specifically set forth in this First Amendment, all capitalized
terms herein shall have the meanings set forth in the Utility Agreement.
2. Amendment to Subsection 6.01(a). Subsection 6.01(a) of the Utility Agreement is hereby
deleted in its entirety and replaced with the following:
(a) In consideration of the development of the land within the District and the related
increase in the taxable value of such land to the City through the acquisition of and construction
of the Facilities by the District and in order to enhance the economic feasibility of the District and
more equitably distribute among the taxpayers of the City and the District the burden of ad valorem
taxes to be levied from time to time by the City and the District, the City agrees to collect and pay
to the District a portion of the ad valorem taxes collected by the City in future years on the land
and improvements within the area described by metes and bounds in Exhibit "B" attached hereto
and incorporated herein by reference (the "Annual Payment"). It is expressly agreed to by the City
and the District that the Annual Payment shall not include ad valorem taxes collected by the City
from land and improvements annexed into the boundaries of the District after the effective date
hereof. The Annual Payment shall be a payment of a portion of the City's tax revenues actually
collected and received by the City, exclusive of any interest and penalties paid by the taxpayer to
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the City and exclusive of any collection costs incurred by the City. Before the District has issued
Bonds, all Annual Payments received by the District from the City shall be deposited by the
District into the general operating fund of the District and may be used for any lawful purpose.
Once the District has issued Bonds, all Annual Payments received by the District from the City
shall be deposited by the District into a debt service fund of the District and shall be applied solely
to the payment of the Bonds and other debts, liabilities, and obligations of the District to or for the
benefit of any persons or entities relating to the financing, construction, and acquisition of all or
any portion of the Facilities.
3. Amendment to Section 9.04. The District's address for purposes of giving notice is hereby
revised to:
Brazoria County Municipal Utility District No. 69
c/o Schwartz, Page & Harding, LLP
1300 Post Oak Blvd, Suite 2400
Houston, TX 77056
Attn: Board of Directors
Telefacsimile No. 713-623-6143
4. Addition of Exhibit "B". Exhibit "B" attached hereto is hereby added to the Utility
Agreement and incorporated therein for all purposes.
5. Continuing Effect. Except as modified or amended in this First Amendment, all terms and
provisions of the Utility Agreement shall remain in full force and effect without
modification or amendment.
6. No Further Amendments. This First Amendment and the Utility Agreement constitute the
entire agreement between the District and the City with respect to the subject matter hereof
and supersede all prior and contemporaneous negotiations, understandings and agreements.
This First Amendment may only be modified or amended by a written instrument executed
by both the District and the City.
7. Severability. The invalidity or unenforceability of any particular provision, or any part
thereof, of this First Amendment shall not affect the other provisions hereof and this First
Amendment shall be construed in all respects as if such invalid or unenforceable provision
were omitted.
8. Headings. The headings contained in this First Amendment are inserted as a matter of
convenience only and in no way define, limit, extend or describe the scope of this First
Amendment or any provision hereof.
9. Counterparts. This First Amendment may be executed in one or more original or facsimile
counterparts, each of which shall be deemed an original and all of which together shall
constitute but one and the same document.
[SIGNATURES COMMENCE ON THE NEXT PAGE]
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IN WITNESS WHEREOF, the City and the District have executed this First Amendment to be
effective as of the date first written above.
THE CITY OF PEARLAND, TEXAS
By: ___________________________
Mayor
ATTEST:
By: ____________________
City Secretary
(SEAL)
COUNTERSIGNED:
By:
City Manager
APPROVED AS TO FORM:
By:
City Attorney
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BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 69
By:
President, Board of Directors
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
This document was acknowledged before me on this day of tJ ouemk,,,c , 2022,by
... ,President of the Board of Directors of Brazoria County Municipal Utility
District No. 69,a political subdivision of the State of Texas,on behalf of said political subdivision.
L
Notary Public in and for
The State of Texas
(SEAL)
ww . MATTHEW R. REED
« "• NOTARY ID 012907560-4
s' ` Mu Com ssion Expires
September 09,2024 r�
'I^ �
EXHIBIT A
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Exhibit , Page 1 of 2
County:
Project:
M.S.G. No.:
Job Number:
Brazoria
Massey Oaks MUD No. 69
221079 R
4084 -MUD 2
FIELD NOTES FOR 49.654 ACRES
BRAZORIA COUNTY MUD No. 69
TRACT 2
Being a tract of land containing 49.654 acres located within the C.W. Groos Survey,
Abstract -525, Brazoria County, Texas and being all of a called 49.654 acre tract (Tract 2)
recorded in the name of MO LB, L.P., a Texas limited partnership in Brazoria County
Clerk's File (B.C.C.F.) Number (No.) 2021083487. Said 49.654 acre tract being more
particularly described by metes and bounds as follows (all bearings are referenced to the
Texas Coordinate System of 1983 (NAD83), South Central Zone):
BEGINNING at a "Railroad Rail" found on the north line of a called 72.584 acre tract
recorded in the name of Massey Oaks Development LP, in B.C.C.F. No. 2017051899, for
the southwest corner of said 49.654 acre tract, from which a 5/8 -inch iron rod with Miller
Survey Group (MSG) cap found on the east line of a called 33.298 acre tract (Tract 2)
recorded in the name of Massey Oaks Development LP and being the northwest corner of
said 72.584 acre tract, bears South 87 degrees 17 minutes East, a distance of 12.2 feet;
Thence, North 02 degrees 42 minutes 08 seconds West, a distance of 2,212.44 feet along
the west line of said 49.654 acre tract to a 5/8 -inch iron rod found at the easterly
southeast corner of a called 1.1852 acre tract recorded in the name of the City of Pearland
in B.C.C.F. No. 2011044376 also being the southwest corner of a called 5.6180 acre tract
recorded in the name of the City of Pearland in B.C.C.F. No. 2009032506 for the
northwest corner of the herein described tract;
Thence, South 51 degrees 41 minutes 48 seconds East, a distance of 1,749.17 feet along
the southwest line of said 5.6180 acre tract to a 5/8 -inch iron rod found on the east line of
said 49.654 acre tract and marking the southeast corner of said 5.6180 acre tract for the
northeast corner of the herein described tract;
Thence, South 02 degrees 42 minutes 08 seconds East, a distance of 1,064.75 feet to a
3/4 -inch iron pipe found on the north line of a called 13.655 acre Houston Lighting and
Power Fee Strip recorded in Volume 1149, Page 240, in the Brazoria County Deed
Records (B.C.D.R.) for the southeast corner of said 49.654 acre tract and the herein
described tract;
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Exhibit A- , Page 2 of 2
Thence, with the north line of said 13.655 acre tract and said 72.584 acre tract, South 87
degrees 17 minutes 52 seconds West, a distance of 1,320.00 feet to the POINT OF
BEGINNING and containing 49.654 acres of land.
This document was 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.
Anthony R. Peac ek, R.P.L.S.
Texas Registration No. 5047
Miller Survey Group
www.millersurvey.com
Texas Firm Reg. 10047100
Ph: (713) 413-1900
March 30, 2022
Revised Date: May 3, 2022
Revised Date: July 6, 2022
M&B No. 221079R
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EXHIBIT B
DocuSign Envelope ID: 04FF6834-E7F0-4863-A8AD-3693831 E2C0F
Exhibit]. page 1 of 3 pages
County:
Project:
M.S.G. No.:
Job Number:
Brazoria
Massey BCMUD # 69
181029
3084MUD
FIELD NOTES FOR 370.652 ACRES
BRAZORIA COUNTY MUD No. 69
TRACT 1
Being a tract of land containing 370.652 acres (16,145,628 square feet), located within
the H. Stevens Survey, Abstract -593 and the C.W. Groos Survey, Abstract -525 in
Brazoria County, Texas; Said 370.652 acre tract being all of a called 105.057 acre tract
(Tract 1) a called 33.298 acre tract (Tract 2) a called 14.952 acre tract (Tract 3) a called
55.539 acre tract (Tract 4) and a called 3.159 acre tract (Tract 5) recorded in the name of
Massey Oaks Development LP, in Brazoria County Clerk's File Number (B.C.C.F. No.)
2017051881, all of a called 0.0378 acre tract recorded in the name of the City of
Pearland, Texas in B.C.C.F. No. 2011044379, all of a called 0.1319 acre tract recorded in
the name of the City of Pearland, Texas in B.C.C.F. No. 2011044376, all of a called
72.279 acre tract (Tract 1) and a called 72.584 acre tract (Tract 2) recorded in the name of
Massey Oaks Development LP, in B.C.C.F. No. 2017051899 and all of a called 13.655
acre fee tract recorded in the name of Houston Lighting & Power Company (H.L.&P.), in
Volume 1149, Page 240, of the Brazoria County Deed Records (B.C.D.R.); Said 370.652
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 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 Lot 44 of the Allison -Richey Gulf Coast
Home Company 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. 02-033007, for
the southwest corner of said 105.057 acre 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 105.057 acre tract,
North 02 degrees 36 minutes 15 seconds West, a distance of 3,897.23 feet to a point in
the center line of McKeever Road (County Road 100 Right -of -Way (R.O.W.) width
varies, monumented at 62.7 feet, north 20 feet per Volume 2, Page 89, B.C.P.R.), for the
northwest corner of said 105.057 acre tract and the herein described tract;
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Exhibit 6 page 2 of 3 pages
Thence, with the north line of said 105.057 acre tract, 55.569 acre tract, 14.952 acre tract
and 3.159 acre tract, North 87 degrees 21 minutes 45 seconds East, a distance of 2,384.30
feet to a point for the northeast corner of said 3.159 acre tract and being the northwest
corner of a called 80 acre tract recorded in the name of Georgeanne and William Reaves
in B.C.C.F. No. 99026030, for the northerly northeast corner of the herein described
tract;
Thence, with the lines common to said 3.159 acre tract, 33.298 acre tract and said 80 acre
tract, the following six (6) courses:
1. South 02 degrees 36 minutes 15 seconds East, a distance of 246.27 feet to an
angle point of the herein described tract;
2. North 51 degrees 41 minutes 48 seconds West, a distance of 262.16 feet to an
angle point of the herein described tract;
3. South 87 degrees 18 minutes 40 seconds West, a distance of 49.92 feet to an angle
point of the herein described tract;
4. South 38 degrees 18 minutes 12 seconds West, a distance of 107.26 feet to an
angle point of the herein described tract;
5. South 51 degrees 41 minutes 48 seconds East, a distance of 421.14 feet to an
angle point of the herein described tract;
6. South 02 degrees 36 minutes 15 seconds East, a distance of 2,220.02 feet to a
point for the southwest corner of said 80 acre tract, being the northwest corner of
said 72.584 acre tract;
Thence, with the south line of said 80 acre tract and the north line of said 72.584 acre
tract, 72.279 acre tract and said 13.655 acre H.L.&P. fee tract, the following three (3)
courses:
1. North 87 degrees 17 minutes 52 seconds East, a distance of 2,227.43 feet to an
angle point of the herein described tract;
2. South 51 degrees 39 minutes 45 seconds East, a distance of 165.85 feet to an
angle point of the herein described tract;
3. North 87 degrees 18 minutes 49 seconds East, a distance of 279.87 feet to a point
for the northeast corner of said 72.279 acre tract;
DocuSign Envelope ID: 04FF6834-E7F0-4863-A8AD-3693831E2C0F
Exhibit . page 3 of 3 pages
Thence, with the east line of said 72.279 acre tract and the west line of a called
remainder of 247.91 acre tract recorded in the name of RMJ Miller Real Estate Holdings ,
Ltd. in B.C.C.F. No. 2002020349 and 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, South 02 degrees 38 minutes 46 seconds East, a distance of 2,527.16
feet to a point on the north line of said 151.44 acre tract, being the southwest corner of
said 40.0000 acre tract;
Thence, with the north line of said 151.44 acre tract and the south line of said 72.584 acre
tract, 72.279 acre tract, 13.655 acre H.L.&P. fee tract, 33.298 acre tract, 55.539 acre tract
and said 105.059 acre tract, the following three (3) courses:
1. South 87 degrees 19 minutes 22 seconds West, a distance of 2,634.42 feet to an
angle point of the herein described tract;
2. North 02 degrees 36 minutes 15 seconds West, a distance of 1,389.29 feet to an
angle point of the herein described tract;
3. South 87 degrees 21 minutes 45 seconds West, a distance of 2,384.30 feet to the
Point of Beginning and containing 370.652 acres of land.
This description was prepared in conjunction and accompanies a Brazoria County
Municipal Utility District # 69 Map with an MSG job number of 3084MUD.
• ga.(;-,_.2CP____-
Anthony R. Pea ock, R.P.L.S.
Texas Registra ion No. 5047
Miller Survey Group
www.millersurvey.com
Texas Firm Reg. 10047100
Ph: (713) 413-1900
February 12, 2018
M&B No. 181029