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Ord. 1142 12-08-03ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 OF 29.99 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 16 ("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. R86-3 dated January 27, 1986; 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 Petition for Consent to Annex Land Into Brazoria County Municipal Utility District No. 16" (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 29.99 acres described in the Petition and the exhibits attached hereto, into the District conditioned upon the terms set forth in Resolution No. R86-3 and Chapter 30, Article IV, Water and Sewer Districts, of the City of Pearland Code of Ordinances. 1 ORDINANCE NO. 1142 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 resolved. PASSED and APPROVED on FIRST READING this the 8th day of December , A. D., 2003. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 8th day of December , A. D., 2003. 2 TOM REID MAYOR ORDINANCE NO. 1142 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 EXHIBIT PETITION FOR CONSENT TO ANNEX LAND INTO A MUNICIPAL UTILITY DISTRICT 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. 16 (the "District") and the undersigned property owner (the "Property Owner"), respectfully petition the City of Pearland, Texas for its consent to the addition of land to the District. In support of this Petition, the District would show the following: The land sought to be added to the District (the "Tract") is described by metes and bounds in Exhibit "A", attached hereto and made a part hereof for all purposes. The Tract lies wholly within Brazoria County, Texas, and not within the boundaries of any incorporated city or town. The Tract lies wholly within the exclusive extraterritorial jurisdiction of the City of Pearland, Texas, as such term is determined pursuant to Chapter42 V.T.C.A. Local Government Code. Property Owners are the holder of title to the Tract as shown by the Brazoria County Tax Rolls and conveyances of record. There are no liens on the Tract, except for RFC Construction Funding Corp. IV. The District was organized, created and established pursuant to an Orderofthe Texas Water Commission, dated January 1, 1987 in accordance with Article 16, Section 59 of the Constitution of the State of Texas and operates pursuant to Chapters 49 and 54, Texas Water Code, as amended. The District is organized for the purposes found in Chapter 54, Texas Water Code, as amended, to provide for: (1) the control, storage, preservation, and distribution of its storm water and floodwater, the water of its rivers and streams for irrigation, power and all other useful purposes; 003114.000001 \440954.1 JKAHN (2) the reclamation and irrigation of its arid, semiarid, and other land needing irrigation; (3) the reclamation and drainage of its overflowed land and other land needing drainage; (4) the conservation and development of its forests, water, and hydroelectric power; (5) the navigation of its inland and coastal water; (6) the control, abatement, and change of any shortage or harmful excess of water; (7) the protection, preservation, and restoration of the purity and sanitary condition of water within the state; and (8) the preservation of all natural resources of the state. The District is empowered and authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes of its creation. V. The general nature of the work to be done by and within the Tract at the present time is the construction, maintenance and operation of a waterworks system for domestic and commercial purposes; the construction, maintenance and operation of a sanitary sewer collection system and sewage disposal plant; the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the lands to be included within the District; and the construction, installation, maintenance, purchase and operation of such additional facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is organized. VI. There is a necessity for the improvements above described because the Tract is located within an area that is experiencing substantial and sustained residential and commercial growth, is urban in nature and is not supplied with adequate water, sanitary sewer and drainage facilities and services. The health and welfare of the future inhabitants of the Tract require the acquisition and installation of an adequate waterworks, sanitary sewer and storm drainage system. 003114.000001\440954.1 JKAHN 2 The purchase, construction, extension, improvement, maintenance and operation of such waterworks system and storm and sanitary sewer collection and disposal systems will conserve and preserve the natural resources of this State by promoting and protecting the purity and sanitary condition of the State's waters and will promote and protect the public health and welfare of the community; therefore, a public necessity exists forthe inclusion of the Tract within the District. VII. Said proposed improvements are practicable and feasible, in that the terrain of the Tract is of such a nature that a waterworks system and sanitary and storm sewer systems can be constructed at a reasonable cost; and said land will be rapidly developed for commercial, multi -family and residential purposes. VIII. A preliminary investigation has been instituted to determine the cost of the project attributable to the Tract, and it is now estimated by those filing this Petition, from such information as they have at this time, that the ultimate cost of the development contemplated will be approximately $-0-. IX. The District and Property Owner request consent to the addition of the Tract to the District. WHEREFORE, the undersigned respectfully pray that this Petition be granted in all respects and that the City Council of the City of Pearland, Texas, adopt a resolution giving its written consent to the addition of the Tract to the District. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 003114.000001\440954.1 JKAHN 3 RESPECTFULLY SUBMITTED this flEA.. day of NmVon , 2003. ATTEST: By: Nam Male./ AL AL am Title: Avisd. '. ask►sx/ (DISTFUC T_SEAfL' THE STATE OF TEXAS COUNTY OF I-W (S "District" BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 By: Name: Vi-ttk'P C(tollett Title: Qq,t1,oEr,r, This instrument was acknowledged before me on this lgl&day of avest.try , 2003, by & L Gto6Px , as Efestcle.v.k of the Board of Directors of Brazoria County Municipal Utility District No. 16, Brazoria County, Texas, on behalf of said utility district. JOSH J. KAHN 4 � No Pubflc, State of Texas r . My Commisssion Expires 05/162008 f Nota ubl i'n and for the S eofTEXAS %lam i. Name Printed or Typed My Commission Expires: 5�72 003114.000001\440954.1 JKAHN 4 "Property Owner" MHI PARTNERSHIP, LTD., a Texas limited partnership By: McGuyer Homebuilders, Inc., a Texas corporation Its: Sole General Partner BY: _"•,,/e.o•e— Michael K. Love, President THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this rday of DdFil" , 2003, by Michael K. Love, President of McGuyer Homebuilders, Inc., a Texas corporation, general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said limited partnership. os�YP°eo JUDY D. JOHNSON Notary Public %\ y State of Texas \TF OF If' Comm. Expires 11-09.2005 (SEAL) Not P lic in a d for the 1). State of TEXAS Name Printed or Typed My Commission Expires: 003114.000001\440954.1 JKAHN 5 29.99 Acres H.T. & B.R.R. Company Survey Abstract No. 505 STATE OF TEXAS § COUNTY OF BRAZORIA § Exhibit "A" A METES AND BOUNDS description of a 29.99 acre tract (1,306,212 square feet, square footage based on the mathematical closure of the courses and distances described herein) of land located in the H.T. & B.R.R. Company Survey, Abstract No. 505, Brazoria County, Texas. Said 29.99 acre tract of land being more particularly described as follows: BEGINNING at a point marking the southeast corner of the herein described tract, said point being located at the intersection of the north right-of-way line of FM 518 with the west right- of-way line of County Road 108; THENCE, North 89°59'00" West, 2067.06feet along the north right-of-way line of said FM 518 to a point for corner, said point being located at the intersection of said north right-of-way line of FM 518 with the east right-of-way line of County Road 561; THENCE, North 00°10'58" West, 950.01 feet along said east right-of-way line of County Road 561 to a point for corner; THENCE, South 89°59'00" East, 606.70 feet leaving said east right-of-way line of County Road 561 to a point for corner; THENCE, South 00°01'00" West, 450.00 feet to a point for corner; THENCE, South 89 ° 59'00" East, 1462.00 feet to a point for corner, said point being located in the west right-of-way line of County Road 108; THENCE, South 00°10'27" East, 500.00 feet along said west right-of-way line of County Road 108 to the POINT OF BEGINNING, CONTAINING 29.99 acres of land in Brazoria County, Texas. SURWOWlM8942999 1�8 rAA i13 974 2954 AM! LAND DEPT m k 89'54'30' E - 20417.93' BRAZORIA COUNTY ROAD 40$ >/' (HUGHES RANCH RD) I - 002 LAKESIDE ESTATES SECTION 1 BRAZORIA COUNTY ROAD 560 (CLIFFSTONE RD) ()o u1 " a 'e ' W 2068.353 =UTURE LAKESIDE ESTATES SECT' ON 3 H10' UTILITY--4 E a' T K X , C'.L HICKORY SLOUCH FU 1JRE LAKESIDE ESTATES SECTION Z EXIST 40' X__,,1 PROPOSED 29.99 AC 70 BE ANNEXED �/ / �P 8Y BRAZOR/A COUNTY Co r�caci / C $W MUD No. 16 l5rcj H� f.M 518 i i JONES & CARTY21. INC. Cori. ii1ting Engineers &wta, rte.. n9E1 (.131 m-LW a6. o 80' ROW SCALE: I " - t 000' OCTOBER 2003 0 cr MAP OF BRAZORIA COUNTY MUD No. 16 EXHIBIT "B" AI-!-IIJAVI.I OF PUBLICATION ordlid The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was ;prablished in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues;.as follows: No. Date /l/t) If Z1 20 0 3 No Date .20 No Date :20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 03 President Laura Ann Emmons, Publisher Notary Public, State of Texas ro Pu-b isl hed Oct. 29, 2003 NOTICE OF PUBLIC - HEARING OF THE CITY OF PEARLAND Notice is hereby given that on the 10th day of November, ' 2003, at 6:30 p.m., the City Council. of the City' of Pearland, Brazoria, Fort Bend, and Harris Counties, Texas, will conduct a Public Hearing in the Council p Chambers, City Hall,' 3519 Liberty Drive, Pearland,; Texas, to gather public com-, ment and .testimony regard-- ' .ing the disannexation of a tract of land containing approzirnately 29.99 acres of land located in the H.T.&' B.R.R. Company Survey, i Abstract -No: 505,- Brazoria p, County, Texas. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Young Lorfing,TRMC City Secretary. This site is accessible to dis- abled individuals. For special assistance, please call Young Lorfing at 281.652.1655, prior ' to the meeting•so that appro- 1 priate arrangements can be made.