R98-53 08-24-98RESOLUTION NO. R98-53
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 66.82 ACRE TRACT
LOCATED SOUTH OF FM 518 AND EAST OF STATE HIGHWAY 288.
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 single-family and multi-family
residences in the 66.82 acre tract located south of FM 518 and east of
State Highway 288; 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. R98-53
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 andSewer 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 ~q~ day of r~bL~ ,
A. D., 1998.
TOM~z/3,,,.~
MAYOR
ATTEST:
SEC~RY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
EXHIBIT
(\ c A
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:
MICHAEL J. MONTALBANO, VITA JEAN SEDITA MONTALBANO, ROSALIE
ANN SEDITA GUSEMANO, FRANK L. GUSEMANO, JENNIE MARIE SEDITA
LEMAN, PHILIP S . LEMAN, MARY ANN SEDITA MITCHELL and THOMAS W.
MITCHELL, being the holders 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 (collectively, the
"Landowner" ) and Brazoria County Municipal Utility District No. 6
( "District" ) (Landowner and District hereinafter calleld
"Petitioner" ) , acting pursuant to the provisions of Section
54 . 016, Texas Water Code, respectfully petition for consent o
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 f
Article XVI, Section 59 of the Constitution of Texas and Chapte ,s
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 to
rolls of Brazoria County, Texas . Landowner represents and
warrants that there are no holders of liens against said land
sought to be annexed.
II .
The land sought to be added to the District contains
approximately 66 . 82 acres, 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 o
Vernon' s Texas Civil Statues, Local Government Code, Sectio
42 . 001 et seq. , as amended, said area is within th
extraterritorial jurisdiction of the City of Pearland and is not
within such jurisdiction of any other city. All of the territor
to be annexed may properly be annexed to the District .
III .
The land sought to be added to the area of the District ' s
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:
-2-
1
(1) provide a water supply for municipal, domestic an
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 i
nature, is within the growing environs of the City of Pearlan ,
and is in close proximity to populous and developed sections of
Brazoria County. The land sought to be added to the District ' s
not supplied with adequate water, sanitary sewer and draina e
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 cf
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 la d
sought to be added to the District . A public necessity exis s
for the addition of the aforesaid lands to the District in order
to provide for the purchase, construction, extensio ,
improvement, maintenance and operation of such waterworks a d
sanitary sewer system and such drainage facilities, so as to
-3-
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 a
is available at this time, that the development contemplate
within the proposed area to be annexed will be approximately
$5, 155, 000 .
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 .
Dated effective the 18th day of August, 1998 .
-4-
MICHAEL J. MONTALBANO
Petitioner
THE STATE OF TEXAS §
COUNTY OF 4YVt t.' §
Th' s instrument was acknowledged before me on this l q day
of , 1998, by MICHAEL J. MONTALBANO.
A.46P/71/4t)
Y Notar Public in and for
ELLEN C. BUCKMAN YiThe State of Texas
Za ` NOTARY PUBLIC 2
J
a l' ° AJTATE OF TEXAS
9F oF.t�. ,;'COMM. EXP. 10-09-2000
-5-
, ./R -1./g-ovi
VITA J SE ITA TALBANO
Petitioner
THE STATE OF TEXAS §
§
COUNTY OF Al ,(A(sai §
This instrument was acknowledged before me on this /l day
of , 1998, by VITA JEAN SEDITA MONTALBANO.
Notary Public in and for
o0; P . ELLEN C. BUCKMAN The State of Texas
f NOTARY PUBLIC
.4- STATE OF TEXAS
F OF COMM. EXP. 10-09-2000
-6-
/' I
i o►i.L�_�► •
OSALIE ANN SED TA GUSEMANO
Petitioner
THE STATE OF TEXAS §
COUNTY OF i A Its §
(k '4-his instrument was acknowledged before me on this /9 da
of , 1998, by ROSALIE ANN SEDITA GUSEMANO.
S
- of ry Pub icin nd for
• -I.�- :r`"V, ,-,,.. The State of Texas
\\PNI FL GIs
(SEAL) ?r'. ';o_ JOiE LAGIOS
a N, me Eyc Notary Public,State of Texas
'%FO -t.-+- My Commission Expires 06-20-01
-7-
,ems.,
Ga2Q,�`�
FRANK L. GUSEMANO
Petitioner
THE STATE OF TEXAS §
§
COUNTY OF r rL §
is ' nstrument was acknowledged before me on this l�' day
of , 1998, by FRANK L. GUSEMANO.
Xtilsas
Not/ y Public in and for
The State of Texas
JOIE LAGIOS
(SEAL) =Nt ;..�?�e '-Notary Public,State ofTexas
',9>•• •'E*`•'My Commission Expires 06-20-01
—8—
4AR
ENNIE IE SEA TA4444..."
Petitioner
THE STATE OF TEXAS §
§
COUNTY OF itkrA6wy §
This instrument was acknowledged before me on this 'co day
of apitog, , 1998, by JENNIE MARIE SEDITA LEMAN.
. (-8216-0-1 il4bYral/13
—,.--_-__,--,--------�` Notary Public in and for
r ELLEN C. BUCKMAN The State of Texas
�` _ 'C NOTARY PUBLIC i
r '. •'� "}) STATE OF TEXAS
OF.0 COMM.EXP. 10-09-2000 l
-9-
•
PHILIP S. LEMAN
Petitioner
THE STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on this /�"� day
of 47 /7a , 1998, by PHILIP S . LEMAN.
NotaryPub i in an or
• BLLEN C. BUCKMAN
The State of Texas
r* NOTARY PUBLIC c
¢� a A STATE OF TEXAS
l lca ►i' COMM. EXP. 10-09-2000
-10-
iL*L7271 >4M
MARY/ANN S DITA MITCHELL
Petitioner
THE STATE OF TEXAS §
COUNTY OF / mtdd - §
T is instrument was acknowledged before me on this f94 day
of , 1998, by MARY ANN SEDITA MITCHELL.
`rialib C,
Notary Public in and or
The State of Texas
ELLEN C. BUCKMAN
ti. _N,,... - NOTARY PUBLIC 1
�' STATE OF TEXAS
�'F OF iv COMM. EXP. 10-00-2000 9•
-11-
?"47,4, 1701,,j6hla
THOMAS W. MITCHELL
Petitioner
THE STATE OF TEXAS §
§
COUNTY OF Maj Jl4 ) §
This instrument was acknowledged before me on this ,Gf day
of u , 1998, by THOMAS W. MITCHELL.
Notary Public in and fo
ELLEN C. BUCKMAN The State of Texas
��►�.. 6 NOTARY PUBLIC
. STATE OF TEXAS
�
4 of COMM. EXP. 10-09-2000
-12-
-e present due to positional accuracy of the boundary monumention.
f
BRAZORIA COUNTY MUNICIPAL
ATTEST: UTILITY DISTRICT NO. 6
(�
.-� ,J _ By: ..do
Secretary President,
Board of_ Directors Board of Directors
Petitioner
THE STATE OF TEXAS §
§
COUNTY OF 4446 §
T - instr � "�ment was acknowledged before me on this d d y
of C/6L:.G , 1998, by Steven M. Gilmore, President of t e
Board of ' rectors of BRAZORIA COUNTY MUNICIPAL UTILITY ISTRI T
NO. 6 .
Notary Publi in and for the
CONNIE FONTENOT State of Texas
2°~ 0 NOTARY PUBLIC
7 STATE OF TEXAS
f OF tee COMM. EXP.09-30-2000
cf 0006\ANNEX-62Acres.CityPetition
-13-
Exhibit "A"
Continued
New Southwyck. L.P. R.B. Lyle Survey
5.00 Acres Abstract No. 539
STATE OF TEXAS §
COUNTY OF BRAZORIA § •
•
A METES AND BOUNDS description of a certain 5.00 acres located in the R.B. Lyle Survey,
Abstract No. 539 in Brazoria County, Texas; being a portion of a called 1.17.613 acre tract
conveyed to Michael J. Montalbano, Vita Jean Sedita Montalbano, Rbaalie Arm Sedita
Gusemano, Frank L.Gusemano,Jennie Marie Sedita Leman,Philip S.Leman, Mary Ann Sedita
Mitchell and Thomas W.Mitchell by Warranty Deed as described in Clerk's File Nos.93.02869
through 93-02876, 92989-70, 92989-74, 92989-78, 92989-82, 92989-86, 92989-90,
92989-94, 92989-98, 921041-45, 921041-49, 921041-53, 9210411--57, 921041-61,
921041-65, 921041-69, 921041-73, 91872-970, 91872-974, 91872-978, 91872-982,
91872-986, 91872-990, 91872-894, 91872.998, 90750-225, 90750-229, 90750-233,
90750.237, 90760-241, 90750-245, 90750.249, 90750-253, 89635-483, 89635-487,
89635-491 , 89635 95, 88509-215, 88509-219, 88509-223, 88509-227, 87500-142,
87500-146,87500.150,87500-154,87500-158,87500-162,87500-166 and 87500.170
all of the Brazoria County Deed Records;said 5.00 acres being more particularly described as
follows with all bearings being based on North 03°16'42' West, along the east line of
Silverlake Commercial Park Phase II as recorded in Volume 20, Page 99-100 of the Brazoria
County Plat Records:
COMMENCING at a found 6/8-inch Iron rod (with cap stamped "Cotton Surveying") in the
south right-of-way of FM 518 (width varies) and being the northeast corner of said
Commercial Park from which a found 5/8-inch Iron rod (bent) bears North 31°35'29' East,
0.88 feet and a found 5/8-inch iron rod (bent) bears North 39°12'28" Fast, 1.18 feet;
THENCE, along the south right-of-way of said FM 518 the fallowing six (6) courses a d
distances:
•
1 . North 86627'15' East, 1220.24 feet to a found 5/8-inch iron rod (with cep
stamped "Cotton Surveying"), from which a broken concrete right-of-way
marker bears North 88°59'40" East, 10.28 feet,beginning a curve to the left;
2. In an easterly direction with the arc of said curve to the left having a radius of
1969.86 feet,a central angle of 08°51'03",an arc length of 304.30 feet and
a chord bearing North 82°01'431 East, 304.00 feet to a found 5/8-inch iron
rod (with cep stamped "Cotton Surveying") for the POINT OF,BEGINNING of t e
herein described tract;
3. In an easterly direction continuing with an aro of said curve.to the left having
a radius of 1989.88 feet, a central angle of 09°02'58', an arc length of
311.13 feat end a chord bearing of North 78°24'23' East, 310.81 feet to a
point for corner;
4. North 86°27'15" East, 112.80 feet to a point for corner;
EX -B 1-1IT � A
ri
A METES AND BOUNDS description t ,i certain 61.82 acres located in the R_B. (1111)Survey,
Abstract No- 539 in 8ra2orio County. Texas; and being the remainder of a collec._.17.613 acre
tract conveyed to Michael J. Montolbano, Vita Jean Sedita Montolbano, Rosalie Ann Sedita
Gusemano, Frank L- Gusemano, Jennie Marie Sedita Lemon, Philip S. Lemon, Mary Ann Sedita
Mitchell and Thomas W. Mitchell by Warranty Deed as described in Clerk's File Nos. 93-02869
through 93-02876. 92989-70, 92989-74. 92989-78. 92989-82. 92989-86, 92989-90,
92989-94, 92989-98, 921041-45, 9 21 0 41-49, 921 041-53. 92 1 0 41-57, 9 21 0 41-61,
921041-65. 921041-69. 9 21 041-73, 91872-970, 91872-974. 91 872-97 8. 91872-982.
91872-986. 91872-990, 91872-994, 91872-998, 90730-225, 90750-229. 90750-233.
90750-237, 90750-241. 90750-245, 90750-249, 90750-253. 89635-483. 89635-487,
89635-491. 89635-495. 88509-215. 88509-219. 88509-223. 88509-227, 8 750 0-1 42.
87500-146, 87500-150. 87500-154, 87500-158, 87500-162, 87500-166 and 87500-170
all of the Brozoria County Deed Records; said 61.82 acres being more particularly described
as follows with all bearings being based on North 0316'42" West, along the east line
of Slverloke Commercial Park Phase it as recorded in Volume 20, Page 99-100 of the Brozoria
County Plat Records:
BEGINNING at a found 5/8-inch iron rod (with cap stamped "Cotton Surveying") in the south
right-of-way of FM 518 (width varies) and being the northeast corner of said Commercial Park
from which a found 5/8-inch iron rod (bent) bears North 31'35'29' East, 0.88 feet and
a found 5/8-inch iron rod (bent) bears North 3912'28" East. 1.18 feet;
THENCE. North 86'27'15' East. 1220.24 feet along the south right-of-way of said FM
518 to a set 5/8-inch iron rod (with cop stamped "Cotton Surveying'). from which a broken
concrete right-of-way marker bears North 88'59'40" East, 10.26 feet. beginning a curve
to the left;
THENCE. in an easterly direction along the south right-of-way of said FM 5i8, with the arc
of said curve to the left having a radius of 1969.86 feet. a central angle of 0S'31'29",
an ore length of 189.94 feet and a chord bearing North 83'41'43" East, 189.87 feet to
a set 5/8-inch iron rod (with cap stamped "Cotton Surveying");
THENCE. South 0301'04" East, 328.4-4 feet to a set 5/8-inch iron rod (with cap stamped
'Cotton Surveying");
THENCE. North 86'58'56" East. 580.00 feet to a set 5/8-inch iron rod (with cap stamped
'Cotton Surveying") in the centerline of existing County Road 90 (50 feet wide);
THENCE. South 03'01'04" East. 1129-55 feet along the centerline of said existing
County Road 90 to a set 'X" in concrete, from which a found 'X' in concrete marking the
northeast corner of a called 50.00 acre tract conveyed to Pearlond LSD. by General Warranty
Deed as recorded in Clerk's File No. 96-035705 of the Brazorio County Deed Records bears
North 86'44'04" East. 1.50 feet; -
THENCE. South 86 44'04" West, along the north line of said 50.00 acre tract, passing
at a distance of 1978.82 feet a found 5/8-inch iron rod marking the northwest corner of said
50.00 acre tract, and continuing for a total distance of 1983-19 feet to a set 518-inch iron rod
(with cap stomped "Cotton Surveying') in the east line of Weatherford Phase I at Silverlake
as recorded in Volume 19, Page 707-708 of the Brozoria County Plat Records;
THENCE. North 0316'42" West, along the east line of said Weatherford Phase I, passing
at a distance of 107.88 feet a found 1-inch iron pipe in concrete (with cop stamped 'Cotton
Surveying"), passing at a distance of 795.00 feet a found 1-inch iron pipe in concrete (with
cap stamped "Cotton Surveying) marking the northeast corner of said Weatherford Phase I
and southeast corner of aforementioned Commercial Park Phase II and continuing a total
distance of 1444_43 feet to the POINT OF BEGINNING, CONTAINING 61.82 acres of land in
Harris County, Texas_
GENERAL NOTES:
1. , Bearings shown hereon are based on the bearing North 0316'47";wasal c.ng the
east line of Silverlake Commercial Pork Phase II as recon- ...in Volume 20, Page 99-
100 of the Brozoria County Plat Records.
2. All. easements shown are as described in a Commitment for Title Insurance prepared
by Lawyers Title Company of Houston under G.F. No. 9817909E, having an effective
dote of May 15, 1998. No further research of the Brozoria County Deed Records for
easements was performed by Cotton Surveying Company.
3_ This survey does not provide any determination concerning wetlands, fault lines, toxic
waste, or any other environmental issues- Such matters should be directed by the
client or prospective purchaser to on expert consultant.
4. The location of the subject tract on the F.E.M-A_ Flood Insurance Rate Map.
Community Panel No_ 48039C0040 H. Effective dote of June 5, 1989. indicates that
the subject tract is within Zone "X"' (areas determined outside the 500-year flood
plain); This statement does not imply that the property and/or structures thereon will
be free from flooding or flood damage. On rare occasions flooding can occur and flood
heights may be increased by man-made or natural causes.
5. Fences shown hereon ore graphic only, with dimensional ties shown at specific
locations where they were physically measured_ The fence lines may meander
between said measured locations. The dimensions showing the distance between the
fence and the property lines also Indicates which side of the property line the fence is
on-
6- Remainder of a called 117-613 acre tract is conveyed to Michael J. Montolbano, Vito
Jean Sedita Montolbano. Rosalie Ann Sedita Gusemono, Frank L. Gusemano. Jennie
Marie Sedita Lemon. Philip S- Lemon, Mary Ann Sedita Mitchell and Thomas W.
Mitchell by Warranty Deed as described in Clerk's File Nos. 03-02869 through 93-
02876. 92989-70, 92989-74, 92989-78, 92989-82. 92989-86, 92989-90, 92989-
94,-92989-98. 921041-45, 9 21 041-49, 9 21 041-5 3, 9 21 041-57, 921041-61.
921041-65. 9 21 041-6 9. 921041-73. 91872-970. 91872-974. 91 872-9 78. 91872-
982. 91872-986, 91872-990, 91872-994, 91872-998, 00750-225, 90750-229.
90750-233, 90750-237. 90750-241, 90750-245, 90750-249, 90750-253. 89635-
483, 89635-487, 89635-491, 89635--495, 885 09-21 5, 8850 9-21 9, 88509-223.
88509-227, 87500-142. 87500--146, 87500-150, 87500-154, 87500-158. 87500-
162, 87500-166 and 87500-170 all of the Brazorio County Deed Records.
7. The square footage as shown is based on the mathematical closure of the courses
and distances reflected on this survey. It does not include the tolerances that may
alem,..,2r: present due to positional accuracy of the boundary monumention.
Exhibit "A"
Continued
New Southwyck, L.P. . R.B. Lyle Survey
5.00 Acres Abstract No. 539
5. North 50°26'14" East, 45.80 feet to a point for corner,
6. North 86027'15" East, 124.89 feet to a point for corner, in the centerline o
Old County Road 90 (50 foot right-of-way); ;
THENCE, South 03°01104" East. 414.95 feet along the centerline of said Old County Road
90 to a found 5/8-inch iron rod (with cap stamped "Cotton Surveying");
THENCE, South 86°58'56° West,580.00 feet to a found 5/8-inch iron rod (with cap stamps
"Cotton Surveying");
THENCE, North 03°01'04" West, 328.44 feet to the POINT OF BEGINNING, CONTAINING
5.00 acres of land in Brazoria County, Texas.
August 12, 1998
SUMNI MMML11100Al2
EXHIBIT " 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 (10th) anniversary
of the date of issuance at a premium not to exceed two and one-
half percent (2 l/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 (296) above the highest average interest rate reported
by the "Daily Bond Buyer" in its weekly "20 Bond Index" durin
the thirty-day period next preceding the date of notice of sale
of the bonds . Bids for the bonds will be received not more tha
forty-five (45) days after notices of sale of the bonds is given.
The order or resolution of the District authorizing the issuancel
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 they
District ' s water and sewer and/or drainage system to the payment)
of the District ' s bonds will terminate when and if the City o
Pearland, Texas, or some other city annexes the District, take
over the assets of the District and assumes all of th-
obligations of the District . No land willbe added or annexed t.
the District until the City of Pearland has given its writte
consent by resolution of the City Council to such addition o
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 wat4
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 withiF
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 tFe
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 thy
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 Ci y
Council .
(d) Inspection and Reports : Full-time resident inspecti n
shall be provided during the construction period by District
inspectors . In addition, an additional inspector or inspecto s
shall be furnished at City expense, if deemed necessary by t e
City Engineer. Daily inspection reports will be kept on file y
2
the District ' s engineer. Monthly inspection reports shall b
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 too
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 tlx
levy until such bonds are paid in full, unless the revenues f
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 arF.y
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 tie
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 t e
District bonds . However, the District shall be under o
obligation to obtain or comply with City recommendations prior to
sale .
(j ) Utility Operations : The District will have its wa er
and sewer system operated and maintained by the City, if both the
3
,n16. ,ter,
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
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 ii
Subsection (i) hereof; (3) the City' s review of plans anld
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 bpy
the City for the foregoing not to exceed the additional sum of
Five Thousand and No/100 Dollars ($5, 000 . 00) . Such sum shall e
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 beb
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 tiFe
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.
4
r
No. 6
0 400 600 800
cv'v T• 1" m 1200'
JONES & CARTER. INC.
Consulting Engineers
Houston. Texas
1200
' . .M.U.D
SWINFOVE DRIVE
F.11. 518
66.82 acres
Proposed Annexation
P.M. 518
C.M.U. W'
No. 2
PROPOSED oISTRICT-
DWAVARY
PROPOSED OISIRICT
BOCAVOARY
BB
i
3
4 ..p
01
ihdrillag
DECEMBER 1997