HomeMy WebLinkAboutR2022-176 2022-08-22RESOLUTION NO. R2022-176
A Resolution granting the consent of the City Council of the City of
Pearland, Texas, consenting to the annexation of approximately 49.654
acres, (CR 100 at Harkey Road), into Brazoria County Municipal Utility
District No. 69.
WHEREAS, Brazoria County Municip al Utility District No. 69 (the "District") is located
wholly within the corporate limits of the City of Pearland, Texas ("City"); 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 49.654 acres, as more accurately described in Exhibit “A”
attached hereto, into the boundaries of Brazoria County Municipal Utility District No. 69,
subject to the conditions attached hereto as Exhibit “B,” which conditions apply to all land in
the District.
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
DocuSign Envelope ID: 2BED3E07-4DC7-44A0-AA5C-D8B4A12C4614
Exhibit , Page 1 of 2
County:
Project:
M.S.G. No.:
Job Number:
Brazori a
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 Fast, 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;
Exhibit ' ' , 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 rcal 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.
--r
Anthony R. Pc.:cccci., R.P.T.-S.
Texas Regisi 'ution No. 5047
Miller Survey Group
www.millersun,ey, corn
Texas Firm Reg. 10047100
Ph: (71 3) 413-1900
March 30, 2022
Revised Date: May 3, 2022
Revised Date; July 6, 2022
M&B No. 221079R
ANTHONY R. PEACOCK
5047
3 Li Fly
CONSENT CONDITIONS
1. The City of Pearlaud, 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 "d.I," to specify the terms and conditions for
providing water and sewage treatment services to the District (the 'Utility Agteeernere), 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 r•eftrnding bonds, for any purposes
authorized by law, including but not limited to, purchasing, refinancing, designbrg 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 salt wafer, 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 fi#enth (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 data of the sale of such bonds.
b) The District shall not Rind more than 24 months oapitalized interest
in a single bond issue.
o) Bond issuances shall provide for payment of no lass 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
Council adopts a resolution granting its consent to the annexation,
f) Bach year the District shall provide a copy of the order establishing
its ad valorem tax rate to the City Director of Pittance within 30
days after the District's adoption of the ante.
g) Bach 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,
it) The resolution authorizing the Issuance of the District's bonds
shall contain a provision that the pledge of any lavonues from
the operation of the Distriut's water and sewer andlor 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 nfthcDirstrict,
4, Defore the comrneooement of any construotion 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 theilities to
serve the Disti❑t and obtain the approval of suoh plans and specifications therefrom. . MI water
"Adis, water meters, flushing valves, valves, pipes, and apprutenanoes 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 faell€tine 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 period€c on -the -ground inspections,
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