R98-46 06-22-98RESOLUTION NO. R98-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 6 OF A 6.4223 ACRE TRACT
LOCATED AT FM 518 APPROXIMATELY 1,000 FEET EAST OF
COUNTY ROAD 94.
WHEREAS, Brazoria County Municipal Utility District No. 6 ("District") is located
within the extraterritorial jurisdiction of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Resolution
No. R80-13, dated June 9, 1980; 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 the City grants its
written consent, by resolution or ordinance, to the inclusion of the land within a
district; and
WHEREAS, the District proposes development of multi-family residences in the
6.4223 acre tract located at FM 518 approximately 1,000 feet east of
County Road 94; 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" is attached hereto as Exhibit "A" and made a
part hereof for all purposes.
RESOLUTION NO. R98-46
Section 3. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of the Property into the District conditioned
upon the terms set forth in Resolution No. R80-13 and Chapter 30, Article IV,
Water and Sewer Districts, of the City of Pearland Code of Ordinances.
Section 4. This Resolution shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Pearland and
it is accordingly so resolved.
PASSED, APPROVED and ADOPTED this the 22nd day of June ,
A. D., 1998.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
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(limb)" Exhibit "A"
to Resolution No. R98-46
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:
NEW SOUTHWYCK, L. P. , a Delaware limited partnership, d/b/a
Silverlake Development Company, being the holder of title to a
majority in value of the land hereinafter described, as such
values are indicated by the tax rolls 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 :
I .
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 Natural
Resource Conservation Commission) 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 Brazoria County, Texas . Landowner represents and
warrants that The Prudential Home Builders ' Capital Associates
Two Limited Partnership 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 6 .4223 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 Statues, Local Government
Code, Section 42 . 001 et seq. , as amended, said area is within the
extraterritorial 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, 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.
V.
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
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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 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
$438, 000 . 00 .
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 .
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Dated this the 21st day of July , 1997 .
NEW SOUTHWYCK, L.P. , a Delaware limited
partnership, d/b/a Silverlake Development
Company
By: Southwyck Joint Venture, its general
partner
By: The Johnson Companies Limited
Partnership, a Delaware limited
partnership, Venturer
By: The Johnson Development Corp. ,
its general partner
By:
T . ilcox, Vic President
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 6
ATTEST: By: iV f— L�, nJ/
Steven M. Gil 'ore, President
Board of Dir ctors
Co lin S . C p ell, Secretary
Board of Directors
= Petitioner
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THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this 21st day
of July, 1997, by Tom P. Wilcox, Vice President of The Johnson
Development Corp. , general partner of The Johnson Companies
Limited Partnership, a Delaware limited partnership, Venturer in
Southwyck Joint Venture, the general partner of NEW SOUTHWYCK,
L.P. , a Delaware limited partnership, d/b/a Silverlake
Development Company, on behalf of said corporation, joint venture
and limited partnerships .
CONNIE FONTENOT Not=ry Public in and for
=D
NOTARY PUBLIC The State of TEXAS
'' STATE OF TEXAS '(S�n COMM. EXP.09-30-2000
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this 21st day
of July, 1997, by STEVEN M. GILMORE, President of the Board of
Directors of Brazoria County Municipal Utility District No. 6 .
.p....--.i,- --:.-„,,,,,,,,,,,,,, ,...,,,,,,,,,,,,,-.,-,.? (4 .
r ;p,..� ; CONNIE FONTENOT
Notary Public in and for
3 . , NOTARY PUBLIC The State of TEXAS
(SEA 1) % • STATE OF TEXAS J
• COMM. EXP.09-30-2000
M:0006\ANNEX/AddLand.Pet
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EXHIBITA "
Brazoria County Municipal R.B. Lyle Survey
Utility District No. 6 Abstract No. 539
6.4223 Acre Annexation
STATE OF TEXAS §
COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 6.4223 acre tract (279,755 square feet, square
footage based on the mathematical closure of the courses and distances described herein) of
land located in the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas: being out of
a called 1200.1804 acre tract as described under Clerk's File No. 94-024772 of the Brazoria
County Deed Records. Said 6.4223 acres being more particularly described as follows with
all bearings being based on a call of North 03°15'14" East, along the west right-of-way line
of County Road 90 as described in said 1200.1804 acre tract;
BEGINNING at a 5/8-inch iron rod found marking the northwest corner of the herein described
tract and northeast corner of a called 344.9340 acre tract as described in Volume 88621,
Page 692 of the Brazoria County Deed Records. Said point also being South 86°27'17"
West, 220.06 feet from the northwest corner of a called 117.613 acre tract of land conveyed
to Vita Jean Sedita Montalbano as recorded under Clerk's File No. 93-02876 in the Brazoria
County Deed Records. Said point having a Texas State Plane Coordinate value of
X=3,152,481 .57; Y=644,112.93;
THENCE, North 86°27'17" East, 220.06 feet to the northwest corner of said 117.613 acre
tract and northeast corner of the herein described tract;
THENCE, South 03°16'42" East, 1271.28 feet along the west line of said 117.613 acre tract
to the southeast corner of the herein described tract;
THENCE, South 86°27'18" West, 220.06 feet, leaving the west line of said 117.613 acre
tract, to the southwest corner of the herein described tract;
THENCE, North 03°16'42" West, 1271 .28 feet to the POINT OF BEGINNING, CONTAINING
6.4223 acres of land in Brazoria County, Texas.
November 18, 1996 41. �
Job No. 0464-007 ; ' k'..
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EXHIB IT " 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 (loth) 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
2
l
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.
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JONES & CARTER, INC.
Consulting Engineers
Houston. Texas
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Exhibit "B"
to Resolution No. R98-46
C.R. 9I
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DECEMBER 1997
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