R2009-054 - 2009-04-13RESOLUTION NO. R2009-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF
APPROXIMATELY 4.115 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 26 (the "District") is
located within the corporate limits of the City of Pearland, Texas ("City"); 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 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 City Council of the City of Pearland, Texas, hereby
specifically gives its written consent to the annexation of approximately 4.115 acres
as described further in Exhibit "A" attached hereto, into the District.
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 and APPROVED ON FIRST AND ONLY READING this the 13tH
day of April, A. D., 2009.
RESOLUTION NO. R2009-54
TOM REID
MAYOR
ATTEST:
~,~:~ ~,:
~. ~`::~~
Y NG L ---: :x
_-: :~.=
:v; ;~:
SE ETARY
t11~lHH~\1~„',a
APPROVED AS TO FORM:
~~.- ~f .
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-54
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT N0.26
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, Brazoria County Municipal Utility District No. 26 (the
"District"), and Boardwalk at the Spectrum, L.P., a Texas limited partnership (the
"Petitioner") acting pursuant to the provisions of Chapter 49, Texas Water Code,
particularly Section 49.302 of that Cade, together with all amendments and additions
thereto, respectfully petition the City Council of the Pearland, Texas, (the "City"} for its
written consent to the annexation by the District of the 4.115-acre tract of land described
by metes and bounds in Exhibit A (the "Land"}, which is attached hereto and
incorporated herein for all purposes. In support of this petition, the undersigned would
show the Following:
I.
The District is a municipal utility district duly created under the laws of the State
of Texas on March 18, 2002. The District is governed by the provisions of Chapters 49
and 54, Texas Water Code.
II.
The Petitioner holds fee simple title to the Land sought to be annexed to the
District, as indicated by the certificate of ownership provided by the Brazoria County
Appraisal District. The Petitioner represents that there are no Iienholders on the Land
except Amegy Mortgage Company, L.L.C. dba iCap Realty Advisors of Texas.
III.
The Land is situated wholly within Brazoria County, Texas. All of the Land is
within the corporate limits of the City AlI of the Land maybe properly be annexed into
the District.
IV.
The general nature of the work to be done in the area sought to be annexed into
the Distxict is the construction, acquisition, maintenance and operation of a waterworks
and sanitary sewer system, a drainage and storm sewer system.
204552
V.
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
and/or residential purposes, is urban in nature, is within the growing environs of the
City, is in close proximity to populous and developed sections of Brazoria County, and
within the immediate future will experience a substantial and sustained residential and
commercial growth. There is not now available within the area sought to be annexed to
the District an adequate waterworks and sanitary sewer system nor an adequate
drainage system, and it is not presently economically feasible for the area sought to be
annexed to provide for such systems itself. 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.
VI.
The Petitioner and the District agree and hereby covenant that if the requested
consent to the annexation of the Land to the Districtrs given, the Petitioner and 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 give its written consent to the annexation of the
Land into the District.
[EXECUTION PAGES FOLLOW]
204552 - 2 -
RESPECTFULLY SUBMITTED this day of ~ ~~ , 2009.
BRAZORIA COUNTY MUNICIPAL
DISTRICT N0.26
~`- ~~-
By.
Chris Jones "
T'resident, Board of Directors
ATTEST:
By:
Cara_l ~ n
of Directors
~~
~~
~~ ~ n
die. ~ _~:\\l
THE STAT~Y~F` TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this ~~day of Val l~R C.f-I
2009, by Chris Jones, as President, and ~-.ral~vtY~ P raC~~; as Secretary, of the Board
Directors of Brazoria County Municipal Utility District No. 26 a political subdivision
the State of Texas, on behalf of said political subdivision.
t~': f±,e:, ~R .EAST
~'i ~'= MY COMMISSION EXPIRES
~r,~;l ~~ OcEober 26, 2009
Notary Public, State of Texas
2oassz - 3 -
BOARDWALK AT THE SPECTRUM, L.P., a
Texas limited partnership
By: Boardwalk 288 GP, LLC, a Texas
linnited liability company, its
General Partner
By: ~~ u~c.
- Tra EIi e h Goswick
Manager
THE STATE OF TEXAS ~
COUNTY OF HARRIS §
This instrument was acknowledged before me on this ~~ day of
. e-/ , 2008, by Tracy Elizabeth Goswick, Manager of Boardwalk 288 GP,
LLC, a Texas limited liability company, as General Partner of BOARDWALK AT THE
SPECTRUM, L.P., a Texas limited partnership, on behalf of said limited liability
company and said limited partnership.
* ,F~fJntary pe~lic, state of 7exe~ ~;
~NO ~ kty Cornnmissiun Expires ''
OFK-' O2`12'ZO11
Attachments:
Exhibit A -Legal Description of the Land
Exhibit B -- Conditions of City of Pearland
n.
Not .~ Publi ,State of Texas
2t~z
~xw~Bir a
August 25, 2008
Job No. 1547.2610-iQ3
DESCRIPTION OF
4.115 ACRES
PROPOSED ANNEXATION TRACT N0.1
BRAZORIA COUNTY MUNICIPAL UT{CITY DISTRICT N0.28
Being 4.115 acres of land Located in the James Hamilton Survey, Abstract 747, City of
Pearland, Brazaria County, Texas, more particularly being out of the James Hamilton Survey
Subdivision as evidenced by the instrument of record in Volume 83, Page 342 of the Harris
County Deed Records (H.C.D.R.), and a portion that certain called 63.27 acre tract of land
conveyed to Paul Fruge by instrument of record in Volume 533, Page 77 of the Brazoria County
Deed Records (B.C.O.R}, said 4.115 acres being more particularly described by metes and
bounds as follows (ail bearings referenced to the Texas State Plane Coorclinate System, South
Central Zane. NAD 27);
BEGINNING at a ill-inch iron rod found for the southeast corner of the herein described
tract on the west right-of-way line of State Highway 288 (width varies) as described by the
instruments of record in Volume 1046, Page 838 and Volume 1028, Page 631, B.C.D.R., and
the common survey line between said James Hamilton Survey and the ,lames Crawley Survey,
Abstract 174. of said Brazoria County,, also being the northeast corner. of a called 1.1433 acre
tract conveyed ~to GCCLE-Shadow Creek, l.P. by instrument of record,in Fiie No. 2007005788
of the Brazorla County Official Records (B.C.O.R}, same being the northeast corner of a 60 foot
Non-Exclusive Roadway Easement, as evidenced by the instrument of record as Exhibit "B" in
Volume (87)444, Page 56, B.C.O.R.;
Thence, South 87° 30' 07° West, along said common survey tine, passing the common
survey line between said James Hamilton Survey and the Dupuy and Roberts Survey, Abstract
726, at approximately 353 feet, and continuing along the common survey line between said
James Hamilton Survey and the Dupuy and Roberts Surveys of said Brazoria County, passing a
1-inch iron rod found for reference at 663.77 feet and continuing in all 779.85 feet to a point for
the southwest comer of the herein described tract at the centerline of Clear Creek and the
common county line Of said Brazoria County and Harris County, Texas;
Page 1 of 3
itir~ask~~suavEn~s~m2a~mn~o~nn~wocaw_~i~ Tr°ai a~,"e~.c~
4.115 acres
August 25, 200a
Job No.1547-2fi10-103
Thence, along said centerline and said common county tine, the following thirteen (13)
courses:
1. North 45° 10' 41" East, 54.73 feet to a point for comer;
2. North 27° 39' 44° East, 52.32 feet to a point for corner;
3. North 17° 43' 27" East, 39,54 feet-to a point for comer;
4. North 42° 19' 09° East, 67.83 feet to a point for comer;
5. North 59° 53' 41" East, 96.52 feet to a point for comer;
6. North 63° 1$' 27° East, 1p3.94 feet to a point for corner,
7. North 74° 47' A3° East, 53.18 feet to a point for corner;
8. North 61 ° 49' 06" East, 59.46 feet to a point for corner;
9. North B5° 17' 10" East, 52.62 feet to a point for comer;
10. South 79° 37' 22° East, 36.06 feet to a point for corner;
11. South 86° 39' S1° East, 53.54 feet to a point for comer;
12. South 85° 52' 24" East, 124.37 feet to a point for comer;
13. North 78° 54' 43° East, 100.24 feet to a point for the northeast corner of the herein
described tract on the aforementioned west right-of-way line of State Highway 288;
Page 2 of 3
I.iRojdsktl4URVBYgS°71281010~O:i 71h amexl0ocs~4_1158o Trad7 annex.doe
4•.115 acres
August 25, 2008
Job Na.1547-261Q-103
Thence, South U2° 53' S6° East, along said west line, 281.29 feet to the POINT OF
BEGINNING and containing 4.115 acres of land.
°This document was prepared under 22 TAC § 663.21, does not refiiect 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 ar
reconfiguration of the boundary of the political subdivision for which it was prepared"
,,..:..
Page 3 of 3
LJA Engineering & Sunrey'ing, Inc
eu+~mtti~um~n~senzsirr+o~oa~+nennwnooc~.x ~s~~_sreati s,nex.aa
g ~ Zs. 200 ~s
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
ali 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 Iaw, 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 avexage
interest rate reported by the Daily Bond BuXer 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 Dishict and obtain the approval of
such plans and specifications therefrom. AlI 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
zo~552
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 Iand, the owner or the developex of
the Iand 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.
204552 - ~ -
CERTIFICATE
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
I, the undersigned Secretary 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 V~'1 ~2c-{-~- 3, , 2009.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this 6th day of January,
2009.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT N0.2b
,`~
B : U 1~~~'
Y
-SST Secreta y, Board of Directors
.n+~ ~/~ ~jJs
~~ ~ ~ °y~
ra
.~, ~,
~~ ~ Y~v
s w
'IL_ YJ~_.~~L
City of Pearland
In-City MUD Application Checklist
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
Date 5/3/09
Attach this sheet as a cover to the completed information and check each box.
@Fully completed City of Pearland In-City MUD Data Form.
@Existing Subdivisions Form.
@Proposed Subdivisions Form.
@Existing Non-Residential Businesses Form.
la Proposed Non-Residential Businesses Form.
3Anticipated Future Annexations Form.
@ Vicinity map of the entire City on a 24 x 36 sheet clearly showing location of the
existing in-city MUD(if applicable)and the proposed annexation tract(s)—12 copies.
Show the existing and proposed zoning(if different)for each existing MUD tract and
each proposed tract to be annexed.
@Detailed map of each tract(1"=200' scale)—12 copies,and an AutoCAD drawing
file(.DWG)on CD or 3-1/2"floppy disk(Texas State Plane South Central NAD 83).
@Fully completed and signed annexation petitions with metes and bounds boundary
descriptions for all tracts—12 copies.
Consent by the City of Pearland for in-city MUD creations and annexations into existing in-
city MUDs is not final until the adoption on second reading of the creation/annexation
ordinance. The annexation/creation ordinance will only be considered simultaneously with
the first and second readings of the zoning ordinance,if required,for the property under
consideration. The applicant is advised to examine the schedule requirements for the zoning
process to ensure timely consideration of this application.
Due to changes in market conditions and other variables,neither the MUD nor the
developer(s)guarantee any of the projections or estimates provided in this Application.
BOARDWALK AT THE SPECTRUM,L.P.,a Texas
limited partnership
By: Boardwalk 288 GP, LLC, a Texas limited
liability company,its General Partner
EL cao,
Tr y Eli abeth Goswick,Mana er
225266
1
City of Pearland 1
In-City MUD Data Form
MUD#BCMUD No.26
Date: February 6, 2009
Existing Proposed
General Information MUD Tract(s)
1 Proposed Zoning Classification(also show on map) P.U.D. BP-288
2 Projected Date of Completion of All Homes/Businesses 2012 2011
Existing Proposed
Area MUD Tract(s) Total
3 Total Acreage 1701.011 4.115 1705.126
4 Currently Platted Residential Acreage(including road rights of way) 740.020 0.000 740.020
5 Currently Platted Commercial Acreage(including road rights of way) 94.300 0.000 94.300
6 , Currently Undeveloped Acreage 378.162 4.115 382.277
7 Projected Undeveloped Acreage to be Platted Residential 0.000 0.000 0.000
8 Projected Undeveloped Acreage to be Platted Commercial 378.162 1.870 380.032
9 Current and Projected Detention&Transmission Utility Easements(acres) _ 335.930 0.000 335.930
10 All Other Acreage(Landscaping Reserves,Parks,etc) 152.599 2.200 154.799
Note:Lines 7 and 8 should total to Line 6.
Lines 4,5,6,9,and 10 should total to Line 3. Line 3 should equal the total acreage in the MUD or the Proposed Tracts.
Existing Proposed
Residential Lots MUD Tract(s) Total
11 Total Existing and Planned Residential Lots 2615 0 2615
12 Number of Currently Completed/Occupied Homes _ 2521 0 2521
13 Number of Currently Completed Lots 94 0 94
14 Number of Lots Under Construction 0 0 0
15 Number of Future Lots 0 0 0
Note:Lines 12,13,14,and 15 should total to Line 11
Existing Proposed
Property Values MUD Tract(s) Total
16 Most Recent BCAD Valuation(Date:January 1,2008) $ 654,541,948 $ 38,500 $ 654,580,448
17 Projected Total Valuation at Build Out Date $ 988,443,900 $ 15,900,000 $ 1,004,343,900
18 Projected Residential Valuation at Build Out $ 716,008,600 $ - $ 716,008,600
19 Projected Commercial Valuation at Build Out $ 272,435,300 $ 15,900,000 $ 288,335,300
20 Estimated Average Home Value(Date:January 1, ) $ 215,119 N1A $ 215,119
21 Estimated Average Home Value-at Build Out $ 273,808 $ - $ 273,808
Note:Lines 18 and 19 should total to Line 17
Existing Proposed
Property Tax Revenues MUD Tract(s) Total
22 Pre-Development General Fund Taxes @$.686/$100(Date Jan.1,2002) $ 20,787 $ 264 $ 21,051
23 Most Recent Year City Property Taxes @$.66/$100 $ 4,319,977 $ 251 $ 4,320,228
24 Projected City Property Taxes @$.66/$100 at Build Out $ 6,523,730 $ 103,763 $ 6,627,493
25 Most Recent Year MUD Rebate Amount $ 719,996 $ - $ 719,996
26 Projected MUD Rebate Amount at Build Out $ 1,087,288 $ 18,200 $ 1,105,488
Existing Proposed
Calculations MUD Tract(s) Total
27 Approx.Net Density at Build Out-Homes/Acre(Line 11/(3-9)) 1.92 $ - $ 1.91
28 Net Annual Revenue to City-Current Estimate(Line 23-25-22) $ 3,579,194 $ (13) $ 3,579,181
29 Net Annual Revenue to City-Build Out Estimate(Line 24-26-22) $ 5,415,654 $ 85,299 $ 5,500,954
W:LAND11548100011MUD Data Form-Annexation VII 3/3/2009
City of Pearland
In-City MUD Data Form
MUD#BCMUD No. 26
Date: February 6,2009
Existing Subdivisions Within Existing MUD
Projected Percent
Subdivision Name Area(Acres) Lots Complete
SF-1 11.98 43 100
SF-2 18.96 67 100
SF-3 21.99 69 100
SF-4 10.34 35 100
SF-5 18.78 54 100
SF-6 30.93 56 100
SF-7A 13.01 43 100
SF 7B 18.91 43 100
SF-8A 21.99 43 100
SF-8B 14.31 59 100
SF-9A 20.89 84 100
SF-9B 37.49 138 100
SF-10 21.44 84 100
SF-11 13.60 34 100
SF-12 25.65 80 100
SF-13 20.61 61 100
SF-14A 11.96 56 100
SF-14B 11.89 53 100
SF-15 21.25 85 100
SF-16A 18.81 92 100
SF-16B 15.17 67 100
SF-17 20.77 57 100
SF-18A 12.24 40 100
SF-18B 13.43 65 100
SF-19 21.76 99 100
SF-20A 25.76 62 100
SF-208 14.82 60 100
SF-21 15.98 58 100
SF-22 16.25 57 100
SF-23 29.78 103 100
SF-24A 25.30 98 100
SF-24B 13.80 47 100
SF-25 20.47 49 100
SF-26 31.72 156 100
SF-27 20.37 59 100
SF-28 14.96 61 100
SF-29 15.67 61 100
SF-30 26.98 137 100
W:LAND1154810001MUD Data Form-Annexation VII 3/3/2009
City of Pearland
In-City MUD Data Form
MUD#BCMUD No.26
Date: February 6,2009
Proposed Subdivisions Within Annexation Request
Projected Percent
Subdivision Name Area(Acres) Lots Complete
W:LANDt1 5 48100 011MUD Data Form-Annexation VII 313/2009
City of Pearland
In-City MUD Data Form
MUD#BCMUD No.26
Date: February 6,2009
Existing Non-Residential Businesses Within Existing MUD
Business Name Type of Business
B.E.T.CLEANERS DRY CLEANERS
BANK FINANCIAL
C-18A COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-18B COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-19B COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-20A COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-20B COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-21A COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-21B COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-3 COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-4 COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-5 COMMERCIAL-RETAIL,OFFICE,RESTAURANT
C-6 COMMERCIAL-RETAIL,OFFICE,RESTAURANT
CH-1 CHURCH
CH-3 CHURCH
CH-5 CHURCH
CVS/PHARMACY PHARMACY
FIRST COMMUNITY MORTGAGE MORTGAGE COMPANY
IDEAL HAIR HAIR STYLIST
KANDILAND DAYCARE
KIDS-R-KIDS DAYCARE
LIB LIBRARY
MF-1 MULTI-FAMILY
MF-2 MULTI-FAMILY
MF-3 MULTI-FAMILY
REC-1 RECRECATION CENTER
REC-2 RECRECATION CENTER
SCH-1 SCHOOL
SCH-2 SCHOOL
SCH-3 SCHOOL
SCR VISITOR CENTER SALES OFFICE
TH-1 TOWNHOMES
TOTTENBERRY'S PRIVATE PRESCHOOL PRESCHOOL
UT MEDICAL CENTER MEDICAL
YMCA RECRECATION CENTER
GULF COAST COMMERCIAL COMMERCIAL/RETAIL/RESTAURANT
Crosswell Greenwood COMMERCIAL/RETAIL/RESTAURANT
Annexation IV
W:LAND11548100011MUD Data Form-Annexation VII 3/3/2009
City of Pearland
In-City MUD Data Form
MUD#BCMUD No.26
Date: February 6,2009
Proposed Non-Residential Businesses Within Annexation Request
Business Name Type of Business
Hotel 120 Room Hotel
•
W:LAND11548100011MUD Data Form-Annexation VII 3/3/2009
City of Pearland
In-City MUD Data Form
MUD#BCMUD No.26
Date: February 6,2009
Anticipated Future Annexation Requests
Projected
General Tract Description Area(Acres) Lots
None at this time.
W:LAND11 5 4 810 0 0 11MUD Data Form-Annexation VII 3/3/2009
•
LJA Engineering & Surveying, Inc. LJA
2929 Briarpark Drive Phone 713.953.5200
Suite 600 Fax 713.953.5026
Houston,Texas 77042-3703 www.ljaengineering.com
February 5, 2009
Board of Directors
Brazoria County Municipal Utility District No. 26
c/o Allen Boone Humphries Robinson, LLP
3200 Southwest Freeway, Suite 2600
Houston,Texas 77027
Re: Feasibility for the 4.115 Acre Cullum Heard Tract Annexation
Brazoria County Municipal Utility District No. 26
LJA Job No. 1547-2610 (12.11)
Dear Directors:
In conjunction with the subject 4.115 acre Cullum Heard Tract Annexation,we hereby submit the
following assessment regarding the feasibility of this annexation:
The District has authorized$108,300,000 in bonds to fund the development activities at an election
held in May 2002. Since the bond election, the District has completed five bond issues in the
amount of$60,955,000 leaving$47,345,000 in allocated funding. The estimated cost for completion
of the Brazoria County Municipal Utility District No.26 facilities,including the 4.115 acre annexation,
is less than the$47,345,000 allocated and unused bonding capacity. Attached is an exhibit showing
the preliminary site plan and preliminary construction costs.
In our opinion, it is feasible for the District to annex the 4.115 acre Cullum Heard Tract into the
District. The development would provide increased value to the District and would not cause a need
to increase the original authorized bond amount of$108,300,000.
Sincerely,
fl_ 9�..,�
James D. Ross, P.E.
Senior Project Manger
J D R/ybz
Attachment
O:ILAND\1 5 4 711 5 47-26 1 01AnnexFeasibility4115Acre.doc ���
FEASIBILITY REPORT
FOR THE ANNEXATION OF 4.115 ACRES
FOR
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
February 5, 2009
LJA Job No. 1547-2610 (12.11)
Prepared By:
"4
LJA Engineering
& Surveying, Inc.
LJA Engineering &Surveying, Inc.
2929 Briarpark Drive, Suite 600 ..�%%OF%%%%
Houston, Texas 77042 5C?:••• " ••:rs
�•. �l> •. 71
Phone: 713.953.5200 *• I'‘ .
Fax: 713.953.5026 • JAMES D.ROSS f,
0
•
It esro •
NAL EN
2�-5-10
Introduction
This report is intended to review the amount of authorized, but unissued bonds for Brazoria County
Municipal Utility District No. 26 (the "District") and additional bonds to be authorized for the
annexation of 4.115 acres of land adjoining the District. The current District contains 1701.011 acres
of land, designated for single-family and multi-family residential uses, commercial/retail, schools,
detention lakes, parks and open space. The proposed uses for the 4.115 acres to be annexed
include additional development of restaurants, a hotel, and a bank or office. A map showing the
current District and the additional 4.115 acres to be annexed is attached as Exhibit A.
Water
This section describes the water distribution system necessary to serve the District at full
development. Currently,there are approximately 2,558 equivalent single family connections (ESFC)
within the District's boundary, but we project there will be 5,277 at build-out. If the District elects to
annex an additional 4.115 acres, the total number of projected connections in the District will
increase to approximately 5,340 ESFC. The planned water system is adequate to serve the existing
District's needs, as well as the 4.115 acres for annexation. The District will be provided water by the
City of Pearland by connecting to an existing 16-inch water line at Broadway Street and by the City's
water plant located approximately 1000 feet south of the intersection of F.M. 521 and Shadow Creek
Parkway. The District's share of the capital costs will be paid through connection charges and fees
paid to the City of Pearland.
Wastewater
The wastewater will be treated by the City of Pearland's Far Northwest Wastewater Treatment Plant.
This facility currently has a capacity of 5,400 ESFC. The facility has sufficient capacity to serve all
the current development within The District. Future expansions of the plant are anticipated to serve
the remaining development within The District. Shadow Creek Ranch currently contributes
approximately 5,258 ESFCs to the treatment plant (Brazoria — Fort Bend County Municipal Utility
District No.1 currently contributes approximately 2,700 ESFCs to the facility for treatment and the
District currently contributes approximately 2,558 ESFCs to the facility for treatment). The current
District, at build out, will have a demand of 5,277 ESFC. The annexation will increase the demand
to 5,340 ESFC. The District's share of the capital costs of the wastewater treatment plant will be
paid through connection charges and fees paid to the City of Pearland.
W.'AND1154810o01tAnnexation Report Page 1 of 2
Storm Sewer 1 Drainage
The storm water runoff within the District and the annexation will be routed through a curb and gutter
street system to collector lines that will outfall into detention lakes and ultimately into Clear Creek.
The internal detention lakes will also provide storage of the coincidental storm runoff. The parcel
proposed for annexation was not included in the master drainage plan for Shadow Creek Ranch.
The storm water runoff for the parcel proposed for annexation will be collected through a series of
area inlets that outfall into a proposed detention basin that will eventually outfall into Clear Creek.
Neither the District nor the city will maintain the detention pond. The owner must arrange for its
permanent maintenance.
Analysis
The District currently has authorization to issue $108,300,000 of bonds to finance development
within the current District boundary. Of this $108,300,000, $47,345,000 remains to finance the
future development of the District. Our analysis shows that the District has sufficient bonding
capacity to annex the 4.115 acre tract. Table 1.1 summarizes the acreages for the current district
boundary and the proposed annexation. Table 1.2 provides a summary of the bond issue
requirement for the additional 4.115-acre annexation.
TABLE 1.1
BOUNDARY ACREAGE
EXISTING DISTRICT 1701.011
PROPOSED ANNEXATION 4.115
TOTAL 1705.126
Conclusion
The District's current bonding capacity of$108,300,000 is adequate to annex the additional 4.115
acres and finance construction of the water, wastewater and drainage projects necessary to serve
the remainder of the existing District.
Should the District sell bonds at lower costs than projected, the District may also elect to annex
additional lands beyond the 4.115 acres. These annexations will be subject to an analysis of their
financial feasibility once the scope of such future annexations is determined.
W:1L4NDt154810001WmexatJonReport Page 2 of 2
Table 1.2
BOND ISSUE REQUIREMENT FOR PROPOSED ANNEXATION
COST SUMMARY
Total Developer District Interest Developer
Construction Costs Cost Share Share Years Rate Interest
A. Developer Contribution Items
1 Brazorla County MUD#26
A Water Distribution System $ 1,050 $ - $ 1,050 2 6.00% $ 128
B Sanitary Sewer Collection System $ 1,015 $ - $ 1,015 2 6.00% $ 122
C Storm Sewer/Drainage System $ - $ - $ - 2 6.00% $ -
D Clearing&Grubbing $ - $ - $ - 2 6.00% $ -
2 Contingency(1)(20%) $ 413 $ - $ 413 2 6.00% $ 50
3 Geotechnical and Construction Materials Testing $ 103 $ - $ 103 2 6.00% $ 12
4 Engineering(1,2) S 387 S - $ 367 2 6.0D% $ 46 •
Sub Total Developer Contribution Items $ 2,988 $ - $ 2,988
B. District Items
5 Impact Fee(Based on Service Unit Factor x$2,672)
A Single Family Residential $ - $ - $ - 2 6.00% $ -
B Commercialtfi $ 288,813 $ - $ 288,813 2 6.00% $ 34,658
6 Land for Detention $ - $ - $ - 2 8.00% $ -
Sub-Total District Items $ 288,813 $ - $ 288,813
TOTAL CONSTRUCTION COSTS $ 291,781 $ - $ 291,781
62.08%of BIR
ESTIMATED INFLATION(10%) $ 29,178
Non-construction Costs
A. Legal Fees(3%) S 14,100
B. Fiscal Agent Fees(2%) $ 9,400
C. Interest Costs
1. CapItalized Interest(1 yr.@ 6.0%) S 28,200
2. Developer Interest(6.0%) $ 35,014
D. Bond Discount(3%) $ 14,100
E. TCEQ Bond Issue Fee(0.25%) $ 1,175
F. Attorney General Fee(0.10%) $ 470
G. Bond Applicaton Report Cost $ 15,000
N. Bond Issuance Administration Fees $ 31,583
TOTAL NON-CONSTRUCTION COSTS $ 149,042
31.71%of BIR
TOTAL BOND ISSUE REQUIREMENT $ 470,000
TOTAL DEVELOPER INTEREST $ 35,014
Notes.
I) Based on Impact fee of$4,e21 for 625 ESFC.
of 4 IN
~ /
\"'ti. —= �i�+. r .111111 ✓ ter, Dili. -
1,-criii;;;'''',914,›Amsr�..srr.s�dvioe6s-.�/ t/ rI,.
IV 11 2 1 1,'4„. 4t I LIS I*RI r /i
•�fA,i : �:411t.,*,-4;;;:VEZ.q �' tyr a _ 1 ,;O.P0c� :�.�o ; a` p AA.,. n..:9-.:-- -ice'�,,�, 1 , ,..C� „yyt�. ` r.�r,' /lAumow_ „tn,���'ur cl• _I , I.��t ♦ i,,.v.ral
nW"1 ..�' .yn :•. ° �nl`rli='��' _ +'^l�''y7 � .�i� p•.,X �I�iiGi�'1`qiu�:��u+.
/4' T ' ui ;
=11 D` „:..': +aln` ,, \!T 0;43,;,1;5,'.,}, 0 �_ 1 �i�11 41., .n:nr.
''Hlnn-DI a `bo,ryq a 4 -0`\�� 7Z-"';,-•+ \4 -4/i�"0.1,II EI'r-fEri� '' ,
re
° _ _ • y,,i,;?' %\ 1. r y1:' : �_:- 4 • r �! .4;.. flr,r
Hoorn�'',�nl r� 1p,yy1 V'Fi._�' la!J• l�,,. I Arp�1 In.w.
..,, _ _ =ter? p,7,,;;;,% `j4 J d- -1:':ii ( ,.1,.;-s,`,: • i
JI ,1'.I 1•/:III. ^ !♦ . . •! 11 V A
__ �'_ -r_� �ti'L ,: 1►r � z�..,b A' ip�.. 4ir.,I�'i 4,',+,ln•d-�:•I� :'7a 1����`�.,a. P!hy�"r4��- `I� 1� �.ird� i��L �r�f/w':y!��•��rw+:��•:z mw5:��_ 4: -t� w.�jlr +yi • ��II�''ti'/+ 1 /J �r� ' iii'::ii%r\w�. iii
i
�01===Ernav f yy qft y,.. "'I'-,�Fy'ir�.: •�'��,I:a. /r -�g71�1�� r'n.uT:i.'.I:i�lirl1{� 1,rr1"" +III/I Ir`� rG,'III/I I/ '•_ l�''�`,+� �:�,.. _I},.�` ♦ �.I.��.� �02.7r..-•
y.. S` y 4, T Ir:iii I�l` .rl,�.I ��a �'�. ���r. 4,1 ilr�. .1.,.�'W'.II
u Qp�J� `r,y1 /' 14,\+'�1 ��{\�'� 1r�.r..= r /Ii'I? �.I�\�Iir:n V.lf
� - ?��/: rya ��2li" 1:� �` �`Va1�,•:\�:�%..•�,\�f1.�.��.:/ rou'in!. 1�
i>. y f:J-A. +., .>/'I-_( . oar` .,:k. `'�'—
lir
N. =P"r .,fi ?i y . jj1,y Ur.`} ►: +l r,� .I /yf-7, JiP�uv e�'`uui :3t:_ _a:��"+qumnn ;.lU`•�
m y n1 ' � n'•'��P�I'� '`�.'�ii�'•i`•11• cflr`�(�!-`nl�yi
�hlr - ' r `: ==�.:o�0+h+11,� Y cT:a .nrA1 •ram • �,..•. L
Irnl' yRq 11fl�;�,r- = Ir +4„_ Y� .. u•.T�r.: � _I,:;a''A%' ?"
nn.J ''.a=•';tr47;;__ �1 a-i I:_ ,'4. �•as -r .•,
v _Iry;; r 1 u,nern,` .,,<. rSC, '� ��'CI'"..��:-�'Jc
4unn` _`'e,- 4r V -1�=•� V'r�' �/ II/`'•`/,` i lo�� �%L J•_�'�•„rrl%: ''�„` .h/' .-7„nrl /�''�_.JIJrr /' �'�J=_- rllr'. k
`riiiuly:� ♦ , ,la%�rI 4 _ : I t'.� �•/il� ♦'1'r'r
ra rm=gf iia,i,ll- ` I V,,J r- i:-. ti +.;i9��� ''h:1*.
�•nnunrwn.�=_= 'ni,A�Inwum�nnmulm own� al,���= �.-_
1'-t5err /{� Ilv_� d__d1�Ir�
Iulnu.`Ikl
01114 Li.a _________
,..--7,----.....rivE.--f
..it,,,p
1e-_uuu Py-r4n��,,1,,:������3..��:�� ////j i„unuw�l Fel.=tail�,Il/nn.► 4io EXISTING BRAZORIA COUNTY MUD No.26
t`au 3. ui •a. :ill r - r
,4®'°u,n q.�� 5 EEG :'_ PROPOSED 4.115 Ac.ANNEXATION
In1W1r Ens- I.111111
In lulwuu—__- ^-- =I $ iil
-
71
1II111111111;11n10011111nr11\V n W l4nlln':II V
1.611 :.. M BRAZORIA COUNTY
e
® +• CTIY O PEA L ND,TEXAS s
�Ilq,llrrI EXHIBIT A 8
;s
=^_; WA Engineering&SurveYrJ,Inc.L� W
-=ja�l„�/.nunlum 2929 BriarWrk Drl,e Mono 713.253.520D u
I.
Ld•- - Sul to 600 FaH 713.9 53.5026 ¢
I
Houston, Text's 77092-9703 1, §
0 VItlafr M0, II0/110.1 lal
9r1.21:10 E,rm.,ao9• N
•
. ..
1::) .
. .
• .
• •
. .
. .
•. ...
...,. •
•
. •
, .
/ ---57 ., ;,,,
C.. F'� '• �A „... / ✓--: �'�,,�`•."_ram- ^'f +; °' _:r '':,old;.
.t l yy h,!. ..v . 'w- ..-..'•'.wv�;z,,,.i p.s r am,.,.•.-�..
Lc..i.e...2..-
r• Lr•'„''` - : } =�iia `., yy''` { - _v3k•• F•.�t" ,.:�.•t.. •
L i, ; • ��• . i" rJ✓ 1 ti•Y _73„ _.{ -
,�, h a 0.! ,-• ..••• p ) a '-yti• , '`,I,:i:4' :' 'i is
t" `� w�i� r 3'fr' �^'40 x ,sue .'� '� =••S'4.'' ".•;.r'':,. ..' ��. '..: ,{d• .tL
��<.,. [�,Y.�E pyry�• ' ��:v� ,..�.• :•�r.�.. ... °�• •: ::�. ,�'' F
•
d' .G.�•�ti::�"' lx••i ' r�3':�� t" -. •'�' ��r a.r��1�"'�''•+�.r•:.,ar� • •••I - T' .;d
•
iI' i;. •'�. .,.���•�.Y .r. " P , ;' � D ,tom s �-��'y f' v • p' �ir� `'.
`. _ *1 4 `-. V t ,. 4;, /' • s�„k t 1' .Yet-ypi 7 ;•4 a+0,,y-,•::•,`n_t'? �. . ,,- e•, l7.
rr�rppaaqq-- r �. 6l..,'fie • ;v• ..‹...;r;o:J yy '!u, r rp•(7.,1 . 4,,,, a �,1'"� i "4V: ?: .``
IC='i'? ;, r •• ,�•` �'"a ��e''' t T.i•s s[•. • 'f(�...m�.K'?�`'iar .`6,f�..�r..si u>.ticx._" .. .I `.
ay' �i 1• r rF. y' 3...y,.,. 'fir
(4nro ) •p', ""F 1'. .r •R• r P fit^c • `r 7 R'f.�`" _• _ �'• •i': .'L .!•` _ ��.j]��
�. s. j r 2 F,t.
7 .l. • a .�.. _ •s vt�ol /��
• •
,' - r • �( •• 7 f 'fit. i' + c. .yt�
•
"'1 ++4•':;'1.•}{ 4 l -,'1^». ). '•.� :�l� ��. {t F•'� T
3
.'s:' eiw•.. +.;a>i•'•.cEe4;f.•aF•ft-raG'°;r � 's 1,3 '
v '.s1
•
•
•
fir,
f'!y.i cx�`
RATI VIANN &ASSOCIATES, L.P.
Four Houston Center R.Craig Rathmann
1331 Lamar,Suite 1060 Managing Partner
Houston,Texas 77010 (713) 751-1888
(713)751-1890 craig@rathmannassociates.com
(713)751-1891 Fax
March 2,2009
Board of Directors
Brazoria County Municipal
Utility District No.26
do Ms.Lynne Humphries
Allen Boone Humphries Robinson LLP
Phoenix Tower
3200 Southwest Freeway,Suite 2600
Houston,Texas 77027
Re: Brazoria County Municipal Utility District No.26
Economic Feasibility of the Annexation of 4.115 Acres
(the"Tract")
Directors:
I have reviewed the Feasibility Report for the Annexation of 4.115 Acres for Brazoria County Municipal
Utility District No. 26 dated February 5, 2009,prepared by LTA Engineering & Surveying, Inc. (the "Engineer").
According to the Engineer, the total Bond Issue Requirements ("BIR") required to cover the cost of the District's
• acquisition or construction of the water,sewer and drainage facilities to serve the Tract and payment of related Impact
Fees is$470,000.According to the Engineer,the projected valuation of Tract and above-ground improvements thereon
is approximately$15,900,000 upon the completion of the construction of a 120-room hotel on the Tract.
The District levied a debt service tax of$0.66 per$100 of Assessed Valuation in 2008.
Following are calculations that relate to the foregoing assumptions and the proposed annexation.
$470,000 Unlimited Tax Bonds
6.5%
20 maturities
$42,656 Annual Debt Service Requirements
$15,900.000($0.29)(0.95)=$43,805
$100
Given the foregoing assumptions, the projected debt service tax rate that is necessary to amortize the debt
required to acquire or construct the District's facilities to serve the Tract and to pay related Impact Fees is $0.29 per
$100 of Assessed Valuation(without Rebate),which is significantly less than the District's 2008 debt service levy of
$0.66 per $100 of Assessed Valuation, Therefore, based upon the information that has been supplied to me with
respect to the proposed annexation and the assumptions expressed herein, it is reasonable to conclude that the
annexation of the Tract is feasible.
Kindly contact the undersigned should you have any questions regarding this matter,or if I may be of any further
assistance. •
Sincerely,
RATHMANN&ASSOCIATES,L.P.
FINANCIAL VIS/�DISTRICT
By:
rian
R. ig Ra
Managing Partner •
cc: Mr.James Ross
LTA Engineering&
Surveying,Inc.