Ord. 1332 2007-12-10
ORDINANCE NO. 1332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 18.570
ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 26 ("District") is located
within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Ordinance NO.1 004
dated February 26, 2001; 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 such city grants its written consent,
by resolution or ordinance, to the inclusion of the land within the district; now, therefore,
BE IT ORDAINED 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 Annex Land Into Brazoria County
Municipal Utility District No. 28" (the "Petition") is attached hereto as Exhibit "A" and made
a part hereof for all purposes.
Section 3. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of the approximate 18.570 acres described in
the Petition and the exhibits attached thereto, into the District conditioned upon the terms
set forth in Ordinance NO.1 004.
Section 4. This Ordinance 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 ordained.
ORDINANCE NO. 1332
PASSED and APPROVED on FIRST READING this the 26th day of November,
A. D., 2007.
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TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the 10th day of
December, A. D., 2007.
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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EXHIBIT
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PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
THE STATE OF TEXAS S
S
COUNTY OF BRAZORIA S
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility
District No. 26 (the "District"), and Faith Empowered LLC, a Texas limited liability
company (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas
Water Code, particularly Sections 49.301 (a)-49.301 (f), respectfully petition the City
Council of the City of Pearland, Texas, for its written consent to the annexation by the
District of the tracts of land described by metes and bounds in Exhibit A (the "Land").
In support of this petition, the undersigned would show the following:
I.
The District was created on March 18, 2002, 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. The Petitioner hereby
certifies that there are no lienholders on the Land except Metrobank, N.A.
III.
The Land is situated wholly within Brazoria County, Texas. All of the Land is
within the corporate limits of the City of Pearl and, Texas. No part of the Land is within
the extraterritorial jurisdiction (as such term is defined in Texas Local Government
Code Section 42.001 et seq., as amended) of any city, town or village. All of the territory
proposed to be annexed may properly be annexed into the District.
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IV.
The Land is described by metes and bounds in Exhibit A, which is attached
hereto and incorporated herein for all purposes.
V.
The general nature of the work to be done in the area sought to be annexed into
the District is the construction, 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 proposed to be annexed into the District, which will be developed for commercial
purposes, is urban in nature, is within the growing environs of the City of Pearland,
Texas, is in close proximity to populous and developed sections of Brazoria County,
and within the immediate future will experience a substantial and sustained growth.
Because the health and welfare of the present and future inhabitants of the Land and of
lands adjacent thereto require the construction, acquisition, maintenance and operation
of an adequate waterworks and sanitary sewer system and a drainage and storm sewer
system, a public necessity exists for the annexation of the Land into the District, to
provide for the purchase, construction, extension, improvement, maintenance and
operation of such waterworks and sanitary sewer system and such drainage and storm
sewer system, so as to promote the purity and sanitary condition of the State's waters
and the public health and welfare of the community.
VII.
The District agrees and hereby covenants that if the requested consent to the
annexation of the Land to the District is given, the District will adopt and abide by the
conditions set forth in Exhibit B, 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 City of Pearland, Texas, give its written consent to
the annexation of the Land into the District.
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RESPECTFULLY SUBMITTED this 2nd day of October, 2007.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 26
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Chris Jones
President, Board of Directors
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Caralynn Prad
Assistant Secretary, Board of Directors
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This instrument was acknowledged before me on this 2nd day of October, 2007,
by Chris Jones, as President, and Caralynn Prade, as Assistant Secretary, of the Board of
Directors of Brazoria County Municipal Utility District No. 26, a political subdivision of
the State of Texas, on behalf of said political subdivision.
KRISTEN HOGAN
MY COMMISSION EXPIRES
JanIlllY 16,2011
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FAITH EMPOWERED LLC, a Texas limited liability
company
By: Product Marketing International, Inc., a
Texas corporation, Manager
By:
THE STATE OF TEXAS
s
s
s
COUNTY OF JI.--Q (2(6\s
This instrument was acknowledged before me on the -'..fL day of ~ 2007,
by Dan Nip, President of Product Marketing International, Inc., a Texas corPoration, a
Manager of FAITH EMPOWERED LLC, a Texas limited liability company, on behalf of
said limited liability company and said corporation.
(NOTARY SEAL) ,/;:;?JZ/y' wN-
Notary Public. fu\ for the State of Texas
Attachments:
Exhibit A - Description of the Land
Exhibit B - Conditions of City of Pearland
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EXHIBIT A
Job No. 1547-2610-101 &102
DESCRIPTION OF
18.570 ACRES
PROPOSED ANNEXATION TRACT NO.1
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
Being 18.570 acres of land located in the T.C.R.R. Co. Survey, Section 4, Abstract 675,
Brazoria County, Texas, more particularly being out and a part of Lots 6 and 7, Block 10 of
Allison-Richey Gulf Coast Home Company, Part of Suburban Gardens Subdivision, Brazoria
County, Texas, according to the plat as recorded in volume 2, page 99, Plat Records of Brazoria
County, Texas (B.C.P.R.), being all of that certain called 18.57 acre tract conveyed to Faith
Empowered, LLC by deed recorded in Document No. 2005037127, Official Records of said
Brazoria County (B.C.O.R.), said 18.570 acres being more particularly described by metes and
bounds as follows, all bearings referenced to the Texas State Plane Coordinate System, South
Central Zone (NAD27);
BEGINNING at the northwest corner of said 18.57 acre tract, being on the west line of
said Lot 6, Block 10, of said subdivision and the northerly northeast corner of Lot "An of Shadow
Creek Ranch School Site No.1, as recorded in Document No. 2007022941 B.C.O.R., and being
in the south right-of-way line of F.M. 2234 (width varies);
Thence, along common line of said 18.57 acre tract and said F.M. 2234. the following
five (5) courses:
1) North 860 37' 53" East, 20.00 feet to a point for corner;
2) North 410 38' 46" East, 42.44 feet to a point for corner;
3) North 860 37' 53" East, 332.03 feet to a point for corner, the beginning of
a curve;
4) 368.73 feet along the arc of a tangent curve to the left having a radius of
1989.86 feet, a central angle of 100 37' 02", and a chord that bears North
810 19' 22" East, 368.20 feet to a point for corner;
Page 1 of 2
1:\Proi<lsk I\SURVE'I'\ 1547\261 0\61h_ anne.\m&b\ 1 8_570.c_ Tracll_anneulOc
18.570 acres
Job No. 1547-2610-101 & 102
5) North 760 00' 51" East, 249.31 feet to a point for corner;
Thence, South 030 20' 58" East, 875.00 feet to a point for corner, being the southeast
corner of Lot 7 and on the common line of the T.C.R.R. Co. Survey, Section 4, Abstract 675 and
the William Morris Survey, Abstract 344;
Thence, along said south line of Lots 6 and 7 and said common survey line, South 860
25' 19" West, 993.79 feet to a point for corner, being the re-entrant corner of Lot "A" of said
Shadow Creek Ranch School Site No.1 and the southwest corner of said Lot 6;
Thence, along the west line of said Lot 6, North 030 20' 28" West, 768.63 feet to the
POINT OF BEGINNING and containing 18.570 acres of land.
"This document was prepared under 22 T AC 9 663.21, does not reflect the results of an
on the ground survey, and is not to be used to conveyor 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 Engineering & Surveying, Ine
Page 2 of 2
1:\Projdsk 11Sl)RVEYI 1547\261 0\61h _ amexlm4b\ 18 _ 570ac _Tract 1 _ anne>.doc
EXHIBIT "B"
(a) The City of Pearland, 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 to the District (the "Utility Agreement"). The District shall assume
all the rights, obligations, and interests of the developers 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, and drainage 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
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 bonds 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 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 date of the sale of such bonds. The resolution
authorizing the issuance of the District's bonds will contain a provision that the pledge
of any 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
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, 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 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 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
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, "
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
periodic on-the-ground inspections.
(d) 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 Official Records of Brazoria County, Texas, and otherwise comply with the rules
and regulations of the Engineering Department and the Department of Public Works of
the City of Pearland.
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CERTIFICATE
THE STATE OF TEXAS S
S
COUNTY OF BRAZORIA S
I, the undersigne~5~retary of the Board of Directors of Brazoria County
Municipal Utility District No. 26, do hereby certify that the attached and foregoing is a
true and correct copy of the Petition For Consent To Annex Land Into Brazoria County
Municipal Utility District No. 26 that was filed with the Board of Directors of the
District on the 2nd day of October, 2007.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this 2nd day of October,
2007.
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