R83-13 06-27-83CEC /pw
RESOLUTION NO. R83 -13
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS,
GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY
DISTRICT WITHIN ITS EXTRATERRITORIAL JURISDICTION
WHEREAS, Section 54.016, Texas 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 such a district; and
WHEREAS, the City Council of the City of Pearland,
Texas, hereby affirmatively finds and determines, that there
exists within the extraterritorial jurisdiction of the
incorporated City of Pearland, Brazoria County, Texas, areas
wherein it is desired that municipal utility districts be
created; and
WHEREAS, it is now contemplated that such a municipal
utility district shall be organized under the authority of
Article XVI, Section 59, of the Texas Constitution and in
accordance with and having all the powers provided by Chapter 54,
Title 4, Texas Water Code, as amended, and
WHEREAS, it is proposed that said political sub-
division shall be known as Brazoria County Municipal Utility
District No. 6 of Brazoria County, Texas;
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
1. That all of the matters and facts set forth in the
preamble hereof are true and correct.
2. That upon the following terms and conditions the
City Council of the City of Pearland, Texas, hereby specifically
gives its written consent, as provided by Section 54.016, Texas
Water Code, as amended, to the creation of a municipal utility
district within the extraterritorial jurisdiction of said City.
Said municipal utility district shall be created by authority of
Article XVI, Section 59, Texas Constitution, and in accordance
with the provisions of Chapter 54, Texas Water Code, as amended.
The municipal utility district shall be named Brazoria County
Municipal Utility District No. 6, the boundaries of such District
being described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof for all purposes.
3. Except to the extent herein set forth, the consent
herein granted is conditioned upon the terms, conditions and
covenants as follows:
(a) That the aforedescribed municipal utility
district, and all owners or developers of land within
said District, shall abide and adhere to all of the
terms and conditions set forth in City of Pearland
Ordinance No. 411, as adopted on December 17, 1979, and
as amended by Ordinance No. 411 -1 each of which are
attached hereto collectively as Exhibit "B" and made a
part hereof for all purposes; and
(b) That the District shall issue bonds, warrants
or other debt obligations, in the manner and to the
extent authorized by the Constitution and laws of the
State of Texas, for the purpose of providing Police,
Fire and Emergency Medical Services to the residents of
the District when it is determined by the City and the
District issuing such bonds, warrants or other debt
obligations that such services are needed for the
health, safety and general welfare of the residents of
the District; and
(c) That the owner or developer of the land
within the boundaries of Brazoria County Municipal
Utility District No. 6 will covenant and agree that he,
they, or it, will develop said areas within said
District in accordance with the Conceptual Plan set
forth on the Conceptual Plan and in the Contract
attached hereto as Exhibits "C" and "D respectively,
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and made a part of this resolution for all intents and
purposes; and
(d) That the owner or developer of the land
within the boundaries of Brazoria County Municipal
Utility District No. 6 will covenant and agree that all
developed lots intended for use as single family
detached dwellings shall be a minimum size of
sixty (60) feet in width and one hundred ten (110) feet
in depth; and that all developed lots abutting existing
or future easements within the District for high
pressure natural gas transmission lines shall have no
single family building structure closer than seventy
five (75) feet from the nearest boundary of such an
easement; and
(e) That within thirty (30) days from the date of
the Order of the Texas Water Commission creating and
organizing the District and prior to the first issue of
bonds, notes, warrants or other obligations of the
District, the District, City, and the owners or
developers of land within the District shall enter into
a Contract, a copy of which is attached as Exhibit D,
which shall contain all of the provisions set forth in
Section 54.016(h), Texas Water Code, and that this
requirement shall be in addition to requirements set
forth in Ordinance No. 411 hereinabove provided; and
(f) That the District may be dissolved and the
affairs of the District liquidated at any time before
the issuance of any bonds, notes, or other indebted-
ness by the District, as provided in Section 54.734,
Texas Water Code, as amended, and rules of the Texas
Water Development Board notwithstanding any of the
conditions set forth above or contained in the Contract
to the contrary. Upon such dissolution and
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liquidation, the conditions set forth and contained in
the Contract shall become null and void.
4. That the City Council of the City of Pearland,
Texas, hereby specifically gives its consent to and approval of
the Contract in all. respects, and authorizes the execution
thereof by the Mayor of the City and the attestation thereof by
the City Secretary upon receipt of a copy thereof executed by
South Freeway /Brazoria, Ltd.
S. That 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 this .47 day of 1983,
at a regular meeting of the City Council duly called as required
by law.
CITY OF RLAND, TEAS
By_
TOM REID, Mayor
City of Pearland, Texas
ATTEST
City Secre a y�
APPROVED AS TO CONTENT:
SOUTH FREEWAY /BRAZORIA, LTD.,
a Texas Limited Partnership
By: a,
Title,
-4-
Brazoria County.MUD No. 6
Page 1 of 3
Lying wholly in Brazoria County, Texas, and being a
total of 173.89 acres, more or less, described in two parcels, as
follows:
PARCEL 1
Being 153.43 acres, more or less, located in the H.T. 6
B.R.R. Company Survey, A -539; being a part of a 15 7.5847 -acre
tract conveyed by deed dated December 20, 1973, from R. T.
Marshall, Trustee to South Freeway /Brazoria, Ltd., recorded in
Volume 1186, Page 198 of the Deed Records of Brazoria County,
Texas; all coordinates and bearings herein stated are referred to
Texas Plane Coordinate System South Central Zone, as established
by the United States Geodetic Survey (U.S.G.S.) in 1934 and based
on the position of the U.S.G.S. Triangulation Station "Red Barn"
having coordinates of X= 3,154,209.41 and Y= 657,665.37; said
153.43 -acre tract being more particularly described as follows:
Beginning at a 3/4 -inch iron rod set in a fence line
marking the occupied east right -of -way line of County Road 94,
having coordinates X=3,149,571.12 and Y= 641,398.92 same being in
the westwardly projection of a fence line found for the occupied
south line of the said 157.5847 acre tract, which point bears
N 03° 15' 04" W from the center line of the right of way of
Countv Road 59, along the west fence line of the 157.5847 -acre
tract, also being the east right -of -way line of County Road 94
(60 feet wide), a distance of 2,641 feet.
Thence, N 03 15' 04" W 2,532.00 feet to a north-
westerly corner, lying in the east right -of -way line of said
Countv Road 94.
Thence, N 41 44' 56" F. 70.71 feet to a northerly
corner, lying in the southerly right -of -way line of County
Road 92 (F.M. 3344, 120 feet wide).
County Road h92c along
(F.M3344) the following courses and distances:
of
H 86 44' 56" E 82.71 feet to a point of
curvature.
Easterly along a curve to the right through a
central angle of 07 00 00" to a point of
tangency, said curve having a radius of
1,849.86 feet, an arc length of 226.00 feet
and a long chord length of 225.86 feet
bearing S 89 45' 04" E.
S 86 15' 04" E 66.76 feet to a point of
curvature.
Easterly along a curve to the left through a
central angle of 07 16' 03 to a point of
tangency, said curve having a radius of
1,969.86 feet, an arc length of 249.86 feet,
and a long chord length of 249.69 feet
bearing S 89 53' 06" E.
N 86 28' 53" E 1,946.34 feet to the north-
east corner of the herein described tract.
Exhibit A
Brazoria C Ity MUD No. 6 Page 2 of 3
Thence, S 03 15' 04" E 2,548.77 feet to the southeast
corner of the herein described tract.
Thence, S 86 37' 25" W 2,620 feet to the point of
beginning, lying in the east right -of -way line of County Road 94
(60 feet wide).
Containing 153.43 acres of land, more or less.
PARCEL 2
Being 20.46 acres, more or less, located in the H.T.
B.R.R. Co. Survey, Sec. 81, A -300; all coordinates and bearings
herein stated are referred to Texas Plane Coordinate System South
Central Zone, as established by the United States Geodetic Survey
(U.S.G.S.) in 1934 and based on the position of the U.S.G.S.
Triangulation Station "Red Barn" having coordinates X= 3,154,209.41
and Y= 657,665.37; said 20.46 -acre tract being more particularly
described as follows:
Commencing at a 3/4 -inch iron rod set in a fence line
marking the occupied east right -of -way line of County Road 94,
having coordinates X= 3,149,571.12 and Y =641,398.92; same being in
the westerly projection of a fence line found for the occupied
south line of the 1 57.5847 -acre tract conveyed by deed dated
December 20, 1973, from R. T. Marshall, Trustee to South
Freeway /Brazoria, Ltd., and recorded in Volume 1186, Page 198 of
the Deed Records of Brazoria County, Texas; said point bears
N 03 15' 04 W, from the center line of the right of way of
County Road 59, along the said West fence line of the
1 57.5847 -acre tract; also being the east right -of -way line of
County Road 94 (60 feet wide), a distance of 2,641 feet.
Thence, S 86° 37' 25" W 60.00 feet to a point for
corner, lying in the west right -of -way line of said County
Road 94.
Thence, N 03° 15' 04" W 1,155.00 feet along the west
right -of -way line of the said County Road 94 to the point of
beginning and the southeasterly corner of the said 20.46 -acre
tract, which is more particularly described as follows:
Thence, S 86° 37' 25" W 840.56 feet to the southwest
corner, lying in the south line of the 20 -foot wide Pan American
Gas Company easement, as recorded in Volume 973, Page 855 of the
Deed Records of Brazoria County; also lying in the east
right -of -way line of State Highway 288 (420 feet wide).
Thence, along the said east right -of -way line of State
Highway 288 the following courses and distances:
N 03 15' 04" W 249.04 feet to a point of
curvature.
Northerly along a curve to the right through
a central angle of 50 29' 00" to a point of
tangency, said curve having a radius of
996.45 feet, an arc length of 878.26 feet and
a long chord length of 850.11 feet bearing
N 21 59' 56" E.
A -2
Brazoria County MUD No. 6
Page 3 of 3
N 470 13' 56" E 99.65 feet to a point of
curvature.
Northerly along a curve to the left through a
central angle of 37° 40' 02" to a north-
westerlv corner, said curve having a radius
of 446.46 feet, an arc length of 293.51 feet,
and a long chord length of 288.25 feet
bearing N 28 23' 55" F.
N 44 57' 56" E 148.96 feet to a north-
westerly corner, lying in the south
right -of -way line of County Road 92 (P.M.
3344; 120 feet wide).
Thence, N 86° 44' 56" E 88.73 feet to a northerly
corner, lying in the southerly right -of -way line of said County
Road 92 (FM 3344).
Thence, S 48 15' 04" E 70.71 feet to an easterly
corner lying in the westerly right -of -way line of County Road 94
(60 feet wide).
Thence, 5 03 15' 04" E 1,374.13 feet to the point of
beginning, lying in the westerly right -of -way line of said County
Road 94.
Containing 20.46 acres of land, more or less.
A -3
S E P 2 1901
ORDINANCE NO. -4
CR/ W-A
AN ORDM :CE OF Ti 12 CITY OF F'..;'....:^ TEXAS, n:".: 1I:.v n r
CREATIO\ OF WATER OR SL':' +1:R DISTRICi,r, WiTMN TIM r:. ;;1�. l;Rll':,. ;i,'
JURISDICTION OF TIM CITY; PROVIDI ?:G UEFINITIOUS; CONE AINING
GLNER,IL P RC•LATI,NG TO Till; SUBJECT; A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
11112REAS, applicable laws of the State of Texas provide that no
political subdivision having as one of its purposes the supplying of fresh water
for domestic or connnercial uses or the furnishing of sanitary sewer services
ray be created within the area of the extraterritorial jurisdiction of any city
without the written consent of such city; and
WHEREAS, the City Council of the City of Pearland foresees that there
will be applicatio and/or petitions for the written consent of the City by
proponents of municipal utility districts and other political subdivisions for
the creation of districts within the extraterritorial jurisdiction of the
City; and
11HERL•AS, the City Council hereby finds, determines and declares that
ll it is to the best interests of the City of Pearland and of the territory within
its extraterritorial jurisdiction, that the proponents of any municipal utility
district or other political subdivision seeking the consent of the City for the
creation of any type of district within the area of the extraterritorial juris-
diction of the City, should agree and covenant in writing to adhere to specific
rules, regulations, and standards as a prerequisite to the granting of consent
by the City; and
WHEREAS, applicable law provides that the City has authority to
formulate rules, regulations and standards and to prescribe same in the City's
.Written consent for the creation of districts. within its extraterritorial juris-
diction; now, therefore
BE IT ORDAINED BY THE CITY COWCIL OF THE CITY OF PEARLAND, TEXAS:
I.
That all of the matters and facts set forth in the preamble hereof
are true and correct.
II.
The following words and terms whenever used or appearing in this
ordinance, in the singular or plural form, shall have the scope and meaning
]sere indicated, unless the context clearly indicates otherwise:
I. Aluni jpal 11.ili Di A district created under and subject
to the authority, conditions, and restrictions of Article XVI, Section 59,
of the Texas Constitution, and in accordance with and having all the powers
provided by Chapter 54, Title .4, of the Texas Water Code:
2. Political Subdivision Tho term "Political Subdivision" or "other
Political Subdivision" as used in this ordinance shall mean any political sub-
division having as one of its purposes the supplying of fresh water for domestic
or commercial uses or the furnishing of sanitary set+er services.
3. District. Means a municipal utility district or political
subdivisions operating under the laws of the State of Texas.
Exhibit B
III.
Upon the applications and /or petitions by the proponents or zny
oseJ political subdivision or r.,an_c:;.," t?lity district to the city
Council for its written consent for the creation of a district within the extra-
territorial jurisdiction of the City, the City Council shall consider all
factors relevant to the creation of such district, and if, upon the basis of
its consideration find deliberations, it determines that such consent shall be
granted, the written consent, by resolution or ordinance, shall provide that
the proponents of such political subdivision or municipal utility district shall
adhere to all of the rules, regulations, and standards contained in this
ordinance, all applicable rules, regulations, standards, and laws of the State
of Texas, and any other covenants, agreements, and conditions that may be
agreeable by the parties and contained in the written consent.
IV.
As a prerequisite to the grant of written consent to a proponent of
any political subdivision or municipal utility district for the creation of
a district within the area of the extraterritorial jurisdiction of the City,
the proponent shall agree and covenant in writing to adhere to the following
specific rules, regulations, and standards:
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 sower,
and other services within or without the boundaries of the 'district. All
district bonds shall expressly provide that the district shall reserve the
right to redeem said bonds on any interest payment date subsequent to the tenth
(loth) anniversary of the date of issuance at a premium not to exceed two and
one -half (211) p'ercent of par value reducing one half 0-1) of one percent of par
value each year theroafter to par value. Bonds (other than refunding bonds and
bonds sold to a federal or state agency) shall by sold only after the taking of
public bids therefor, and no bonds shall be sold for less than ninety -five (95)
Percent of par, provided the not effective interest rate on bonds so sold,
raking into account any discount or premium as well as the interest rate borne
by such bonds, shall not exceed two (2) percent above the highest average intere
rttc reported by the "sally Rond Buyer" in its wr.ekly "20 Bond Indes" during
the thirty -day period next preceding the date of sale of the bonds. Bids for
the bonds will be received not more than forty -five (45) days after notice of
sale of the bonds is given. The order or resolution of the district authorizing
the issuance of all refunding bonds of the district shall be approved by the
City Council of the City. The district's rosolution nuthoritin; the issuance
of its bonds will contain a provision that the pledge of the revenues from the
Operation of the district's water and sewer and /or drainage systek to the p.aymen
D-2 ATTACHMENT
or some other city annexes the 'district, takes over the assets of the district
and assumes all of the obligations of the district. No land will be added or
a .nexed .o Lhc dis:.._. _nt" City ':arland h::,,
by resolution of the City Council to such addition or annexation.
B. Plans and Specifications: Before the commencement of any
construction within the district, the district, its directors, officers or the
developers and landowners shall submit to the City or its designated represent-
ative all plans and specifications for the construction of water, sanitary sewer
and drainage facilities to serve such district and obtain the approval of such
plans and specifications by the City. All water wells, water meters, flush
valves, valves, pipes, and appurtenances installed or used within the district
shall conform exactly to the specifications of the City. All water service
lines and sewer service lines, lift stations, sewage treatment facilities, and
appurtenances thereto, installed or used within the district shall comply with
the City's standard plans and specifications. Prior to the construction of such
facilities within the district, the district, or its engineer, shall give writte
notice to the City stating the date that such construction will be commenced.
The construction of the district's water, sanitary sewer and drainage facilities
shall be in accordance with the approved plans and specifications and with
applicable standards and specifications of the City, and during the progress of
the construction and installation of such facilities,'the City or an employee,
or a designated agent thereof, may make periodic on- the ground inspections. As
a further definition of the terms used in this paragraph;• specific mention of
the fact is made that "plans and'specifications," "standard plans and specifi-
cations," "approved plans and specifications," or "applicable standards and
specifications" are defined to mean and to require City approval only of the
method of construction and types of materials to be employed therein by the
district and are not meant to limit the discretion of the board of directors of
the district to determine what facilities may be constructed, paid for and
maintained by the district.
C. Plat Approval: The owner or developer of the land within the
district shall covenant and agree that he or they will, prior to the sale of
any residential lot, obtain the approval of the planning and zoning commission
and the City Council, if normally required, of a plat thereof and properly
record it in the decd 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 co- aission and the City Council.
n. Inspection and nvrorts: Full -time resident inspection shall be
�arI=I: co nstructiun rerioJ by 4istrict inspe ctors approved by the
!svor of the City, which inspectors shall be removed upon request by the Mayor,
if found not to be satisfactory. In addition, an additional inspector or
inspectors shall be furnished, if deemed necessary by the City Engineer.
Daily inspection reports will be kept on file by the district's engineer.
�1 A!Dnthll' inspection reports shall be furnished to the City. All construction
contracts shall be let on a competitive bidding basis with the contract to be
a� irJcd on the basis of the lowest and best bid by a responsible eo►npctent
B -3 AYTACHMENT
contractor, unless otherwise approved by the City, which bid shall include
evidence of the financial condi-tion of the bidders. Bid bonds, payment bonds,
Upon completion of construction, submission of a complete set of "as uuilL"
plans to the City by the L•ngineer for the district shall be required.
E. Initial Board: At least one of the members of the initial board
of directors shall be a person selected by the City Council.
F. Bond Escrow: The district shall not be permitted to'escrow any
funds in excess of two (2) years interest on the bonds which the district issues
and shall levy a tax simultaneously with the first installment of such bonds
and will continue a tax levy until such bonds are paid in full, unless the
revenues of the system are adequate to discharge such bonds.
G. Bond Sales: Prior to the sale of any series of district bonds,
the district shall secure a letter of the Mayor to the effect that the district
is in compliance with this article, and a letter of the Mayor addressed to the
Attorney General of Texas approving the form of the resolution or order of the
board of directors authorizing the issuance of any bonds of the district absent
the interest rates on and sales price of the bonds.
H. Utility Rates: The district will use its best efforts to charge
rates for water and sewer service not less than the rates charged by the City
to its customers.
1. City Recommendations: The City of Pearlind will make recommendat:
to the board of the district and'its financial advisor as to the amount of bonds
that should be authorized, the installment sale of such authorization, the
maturity schedule of each installment, the optional provisions to be contained
in such bonds, and the sale and delivery of the district bonds.
J. Utility Operations: The district will have its water and sewer
system operated and maintained by the City, if both the City and the district
can agree upon mutually satisfactory terms and conditions.
K. Deposit: Within six (6) months after consent to the creation of
a district is given by the City or within six (6) months after the district
holds a bond election, whichever is the later, the district shall pay Twenty.
Thousand Dollars ($20,000.00) to reimburse the City for all of its fiscal, legal
and engineering fees and expenses relating to: (1) necessity and feasibility of
the creation of the district; (2) the financial advisory services described in
Subsection (I) hereof; (3) the City's review of plans and specifications of the
district's facilities; and (4) supervision of inspection of.distriet's facilitie
Tlic district shall also be obligated to pay ndditional -expenses incurred,by the
City for the foregoing not to exceed the additional sum of Five Thousand Dollars
(55, 000. 00) Such sum shall be used by the City for the purpose of paying said
costs incurred for that purpose. If any part of the deposit is not needed for
t)-.c purpose of paying sneh fees and expenses, it shall be returned forthu+ith 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 City's
B -4 ATYACHIIEW
consent to the creation of -a district shall be obligated to guarantee the payment:
a I- strict a5 st•. f.. th in this S_stion.
V.
If for any reason any section•, paragraph, subdivision, clause, phrase,
Lord, or provision of this Ordinance shall be held invalid or unconstitutional by
final judgment of a Court of competent jurisdiction, it shall not affect any
other section, paragraph, subdivision, clause, phrase, word, or provision of this
Ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word, or provision hereof be given full
force and effect for its purpose.
VI.
It is the intention of the City Council, -and it is hereby ordained,
that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Pearland, Texas, and the sections of this
Ordinance may be renumbered to accomplish such intentions, and the Code of
Ordinances of the City is hereby expressly amended so as to include the provision
of this Ordinance.
VII.
This Ordinance shall take effect from and after the second and final
reading.
PASSED AND APPROVED ON FIRST READING this .3 day of
A. D., 1979.
Mayor, City of Pearland, Texas
ATTEST Q
City Secretary
PASSED, APPROVED, AND ADOPTED ON SECOND AND FINAL READING this l;�_7
day of i ce y A. D., 1979.
Mayor, City of Pearland, Texas
A'r rEST:
AYTACHMENT
13-5 a -,171
ORDINANCE NO.
411 -1
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY
ADDING AND DELETING SPECIFIC SECTIONS THERETO; PRO-
VIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION I
That Section 30-7.3 Subsection (C), of Article IV,
Chapter 30, entitled "Approval of Mayor of Sale of Bonds," of
the Code of Ordinances of the City of Pearland, Texas, be and
the same is hereby amended to hereafter read as follows:
"(C) Approval of Mayor of Sale of Bonds Prior to the
sale of any series of district bonds, the district shall
secure a letter of the Mayor to the effect that the
district is in compliance with this article, and a letter
of the Mayor addressed to the Attorney General of Texas
approving or objecting to the issuance of any bonds of
the district."
SECTION II
If any section, paragraph, clause, or sentence
shall be declared void or unenforceable or unconstitutional,
it is hereby declared the intention of the City Council of
the CITY OF PEARLAND, TEXAS, that the remainder of such
ordinance shall remain in full force and effect.
SECTION III
It is the intention of the City Council, and it is
hereby ordained, that the provisions of this Ordinance shall
be made part of the Code of Ordinances of the CITY OF PEARLAND,
TEXAS, and the sections of this Ordinance may be renumbered
to accomplish such intention.
B -6
SECTION IV
All provisions of the Code of Ordinances of t'ne
CITY OF PEARLAND, TEXAS, in conflict with amendments herein
made are hereby expressly repealed to the extent of such
conflict.
SECTION V
This Ordinance shall be effective and in full force
on its passage and approval on second and final reading.
PASSED and APPROVED ON FIRST READING this
day of 1101,, t� J P 1982.
CITY OF PEARLAND, TEXAS
ATTEST:
as J. Reid, Ma r
City Secret ry
PASSED and APPROVED ON SECOND and FINAL READING
thi day of Lz,L, 1982.
CITY OF PEARLAN D, T
ATTEST:
Thomas J. Reid, Ma or
ity Secreta
APPROVED AS TO FOREST:
BOBB idILLIAMS,
Cit ttorney
B -7
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Exhibit C
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Exhibit C
CEC /lw
CONTRACT
BY AND AMONG
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
SOUTHWEST FREEWAY BRAZORIA, LTD.
AND
THE CITY OF PEARLAND, TEXAS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
That this CONTRACT (the "Contract made and entered
into by and between BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 6 (the "District a political subdivision of the State of
Texas, organized under Article XVI, Section 59 of the
Constitution of the State of Texas and operating under the
provisions of Chapter 54, Texas Water Code, as amended, SOUTHWEST
FREEWAY BRAZORIA, LTD. (the "Developer a Texas limited
partnership, and the CITY OF PEARLAND, Texas (the "City a home
rule city.
W I T N E S S E T H:
WHEREAS, by Petition, dated January 10, 1983, the
Developer has requested that the City grant its consent to the
creation of the District upon the terms and conditions specified
therein;
WHEREAS, pursuant to Section 54.016(e), Texas Water
Code, the City may provide certain conditions upon the creation
of the District in its written consent to the inclusion of land
within the District;
WHEREAS, pursuant to Section 54.016(h), Texas Water
Code, as amended, a city with a population of 1 million or less
may provide in its written consent for the inclusion of land in a
municipal utility district that after annexation the city may set
rates for water and /or sewer services for property that was
within the territorial boundary of such district at the time of
annexation, which rates may vary from those for other properties
within the city for the purpose of wholly or partially
compensating the city for the assumption of obligation under the
Code providing that:
(1) such written consent contains a contract
entered into by the city and the persons
petitioning for creation of the district
setting forth the time and/or the
conditions of annexation by the city
which annexation shall not occur prior
to the installation of 90 percent of the
facilities for which district bonds were
authorized in the written consent; and
that
(2) the contract sets forth the basis on
which rates are to be charged for water
and /or sewer services following
annexation and the length of time they
may vary from those rates charged
elsewhere in the city; and that
(3) the contract may set forth the time,
conditions, or lands to be annexed by
the district; and that
(A)(A) each purchaser of land within a
district which has entered into a
contract with a city concerning water
and /or sewer rates as set forth herein
shall be furnished by the seller at or
prior to the final closing of the sale
and purchase with a separate written
notice, executed and acknowledged by the
seller, which shall contain the
following information:
(i) the basis on which the monthly
water and /or sewer rate is to be
charged under the contract stated
as a percentage of the water and /or
sewer rates of the city;
(ii) the length of time such rates will
be in effect;
(iii) the time and /or conditions of
annexation by the city implementing
such rates.
WHEREAS, it is in the mutual financial best interests
of the City, the Developer, and the District that substantial
development of the property "Property within the District and
construction of taxable improvements thereon occur prior to
annexation of the District and assumption of its financial
obligations by the City; and
-2-
WHEREAS, although the City has established and adopted
a definitive Land Use and Urban Development Ordinance in
connection with the regulation and control of development within
its corporate jurisdiction, it has no ordinance authority
relating to the regulation and control of development within its
extraterritorial jurisdiction;
WHEREAS, the Developer and the City now wish to
establish a definitive basis for: (a) the land use and
development density of the Property to be located within the
City's extraterritorial jurisdiction and the boundaries of the
District; (b) the rates to be charged for water and /or sewer
service following annexation of the land within the District and
the length of time that such rates may vary from those rates
charged elsewhere in the City; and (c) the time, conditions, and
land to be annexed by the City;
WHEREAS, the Developer, the City and the District, upon
the District's creation, wish to establish a definitive basis for
water and sewer service rates, utility construction, and the
financing of such utility construction;
WHEREAS, it has been determined that the parties are
authorized to enter into this Contract pursuant to the authority
granted by Section 54.016(h) and Section 54.218 of the Texas
Water Code; and the Interlocal Cooperation Act, Article
4413(32c), Vernon's Taxes Civil Statutes, as amended.
WHEREAS, it is contemplated that within thirty (30)
days from the Creation Date (hereunder defined) the District will
execute and become a party to this Contract and assume its
duties, obligation, benefits, and privileges hereunder.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
premises, obligations, and benefits hereinafter set forth, the
receipt and adequacy of which is hereby acknowledged, the City,
the District, and the Developer, contract and agree as follows:
-3-
ARTICLE I
Unless the context requires otherwise, the following
terms and phrases used in this Contract shall have meanings as
follows:
Section 1.01. The term "Bonds" shall mean the issue or
issues of unlimited tax bonds, combination unlimited tax and
revenue bonds, or other obligations of the District which are
hereafter to be authorized at the initial bond election to be
conducted subsequent to the Creation Date, and issued and sold by
the District pursuant to the provisions of this Contract and the
provisions of Chapter 54 of the Texas Water Code, as amended, for
the purposes provided in this Contract, and any refunding bonds
issued in lieu thereof.
Section 1.02. The term "City" shall mean the City of
Pearland, Texas.
Section 1.03. The term "Code" shall mean the City's
Code of Ordinances.
Section 1.04. The term "Consent Date" shall mean the
date of the ordinance or resolution granting the consent of the
City to the creation of the District.
Section 1.05. The term "Creation Date" shall mean the
date of the Order of the Texas Water Commission creating and
organizing the District.
Section 1.06. "Developer" shall mean Southwest
Freeway /Brazoria, Ltd., and its successors and assigns as
permitted hereunder.
Section 1.07. The term "District" shall mean Brazoria
County Municipal Utility District No. 6.
Section 1.08. The term "Facilities" shall mean all the
fresh water, sanitary sewer, and drainage facilities required to
be constructed to serve the District, including, but not limited
to all water facilities, lines and appurtenances, any sewage
treatment plant and capacity in such plant, sanitary sewers and
-4-
appurtenances, and all concrete pipe, storm sewers, detention
ponds, drainage ditches and appurtenances, all as established in
the Engineer's Report to be prepared in connection with the
initial bond election to be conducted subsequent to the Creation
Date.
Section 1.09. The term "Property" shall mean the real
property which is located within the District's boundaries as
described on Exhibit A attached hereto and incorporated herein
for all purposes.
ARTICLE II
Developer Rights and Responsibilities
Section 2.01. Desi nation of Land Use. The Developer
hereby designates the anticipated land uses for the Property and
establishes an estimate of the total acreage for each such land
use, all as shown on Exhibit B attached hereto incorporated
herein for all purposes.
Section 2.02. Limitation of Development Density The
Developer shall not develop the Property in such a manner as to
exceed a total number of dwelling units per acre or its equiva-
lent for each land use designated based upon the following:
21.78 dwelling units per acre for multi- family residential
development; 4.5 dwelling units per acre for single family
residential development; and the maximum number of dwelling unit
equivalents per acre permitted by the City's Code in effect as of
the Consent Date for forms of land use other than residential.
The Developer further agrees that all lots which it
develops that are intended for use as single family detached
dwellings shall be of a minimum size of sixty (60) feet in width
and one hundred ten (110) feet in depth, and further that all
such lots abutting existing or future easements within the
District for high pressure natural gas transmission lines shall
have no single family building structure closer than seventy
five (75) feet from the nearest boundary of such easement.
-5-
Section 2.03. Utility Construction The Developer
agrees to cause the District to provide for the acquisition or
construction in stages as needed, of all water supply and waste
treatment plants and facilities comprising the Facilities as may
be necessary to serve the Property based upon the total number of
dwelling units or dwelling unit equivalents, as designated in
Sections 2.02 and 4.01 hereof, and design requirements of the
City and Texas Department of Health. The Developer further
agrees to cause the District to provide for the acquisition or
construction in stages as needed, all drainage facilities,
ditches, and detention ponds as may be required by the Code or
Brazoria County to properly serve the Property based upon the
total number of dwelling units or dwelling unit equivalents as
calculated in Sections 2.01 and 4.01 hereof.
Section 2.04. Notice of Water and /or Sewer Service
Rates The Developer hereby agrees that with respect to each
sale by it of a parcel of land comprising the Property, the
Developer shall furnish to its purchaser at or prior to the final
closing of the sale and purchase with a separate written notice in
accordance with the requirements of Section 54.016(h)(4)(A),
Texas Water Code.
Section 2.05. Execution by District Within thirty
(30) days from the Creation Date, the Developer agrees to use its
best efforts to secure the execution of this Contract by the
District, recognizing that the District is an independent
governmental agency, and political subdivision of the State of
Texas.
ARTICLE III
District Rights and Responsibilities
Section 3.01. Assignment Within thirty (30) days
following the the Creation Date, the Developer shall assign and,
by the execution hereof, the District shall accede to all rights
of the Developer created hereunder in Section 2.03, along with
-6-
any and all duties appurtenant thereto. Such assignment is
unrestricted, unqualified, and shall take effect automatically
without further written agreement between any of the parties
hereto. The City, by execution of this Contract, recognizes and
approves of such assignment by the Developer to the District.
Section 3.02. Utility Construction The District
shall agree to acquire or construct, in stages as needed, all
water supply and waste treatment plants and facilities comprising
the Facilities as may be necessary to serve the Property based
upon the total number of dwelling units or dwelling unit
equivalents to be designated in Sections 2.01 and 4.01 hereof and
design requirements of the City and Texas Department of Health.
The District further agrees to acquire or construct, in stages as
needed, all drainage facilities, ditches, and detention ponds
comprising the Facilities as may be required by the Code or
Brazoria County to properly serve the Property based upon the
total number of dwelling units or dwelling unit equivalents as
calculated in Sections 2.01 and 4.01 hereof.
Section 3.03. Financing of Utility Construction. In
the event that the District shall issue its Bonds in multiple
series to finance the acquisition or construction of the
Facilities in phases, the initial series of Bonds shall be issued
and the initial phase of the Facilities completed within ten (10)
years from the Consent Date. Any subsequent series of bonds
shall be issued and the acquisition of the remainder of the
Facilities completed by the District within fifteen (15) years
from the Consent Date.
ARTICLE IV
City Rights and Responsibilities
Section 4.01. Limitation of Development Density
(a) The City hereby agrees to a total number of
dwelling units per acre or its equivalent for each land use
designated by the Developer on Exhibit B based upon the
-7-
following: 21.78 dwelling units per acre for multi family
residental development; 4.5 dwelling units per acre for single
family residential development; and the maximum number of
dwelling unit equivalents per acre permitted by the City's Code
in effect as of the Consent Date for forms of land use other than
residential.
(b) The City further agrees that the maximum number of
dwelling units per acre for multi family and single family
residential development for the Property shall be based upon
gross acreage (i.e. for purposes of calculating the total number
of dwelling units permitted for each acre, acreage attributable
to utility easements, roads and streets, detention ponds, and
ditches will be included).
(c) The City further agrees to the maximum number of
dwelling units or dwelling unit equivalents per acre for each
land use designated by the Developer on Exhibit B and the
Developer shall have the right to allocate such units or
equivalent units over the Property at any density per acre as
long as total dwelling units or equivalent units for the Property
as calculated pursuant to Section 4.01 hereof is not exceeded.
(d) The City further agrees that the specific acreage
designated in Sections 2.01 and 4.01 are subject to changes of an
immaterial nature for engineering reasons, easement locations,
and depending upon the final land plan and utility layout.
Section 4.02. Water and /or Sewer Service Rates It is
hereby acknowledged and agreed that following annexation of the
Property by the City, the City will charge for water and sewer
services provided to customers and users within the Property. It
is further agreed and acknowledged that, at the City's option,
such rates vary from those charged for other properties elsewhere
in the City for the purpose of wholly or partially compensating
the City for the assumption of obligations of the District.
The City may at its option charge such rates only in the event
that upon annexation of the Property the City is required to
-6-
assume outstanding Bonds of the District. Finally, such rates
may be charged, at the option of the City, from the date of
annexation until such Bonds are paid by the City.
Section 4.03. Notice and Effect of Annexation The
City hereby agrees that in the event that the City shall annex
the Property, the agreements with respect to land use and
development density set forth herein shall remain in full force
and effect subsequent to such annexation. The City hereby agrees
to give the District and the Developer eighteen (16) months
written notice of its intent to annex the Property.
Section 4.04. Conditions to Annexation The City
hereby expressly covenants and agrees that annexation of the
Property shall not occur (a) prior to (i) the installation of
Facilities by the District sufficient to serve ninety percent
(90 of the total aggregate number of equivalent dwelling units
of the District calculated at the maximum densities established
in the foregoing Sections 2.01 and 4.01 hereof, and (ii) the
issuance of Bonds in an amount sufficient to finance the
Facilities required by the preceding phrase or (b) until the
fifteenth (15th) anniversary date of the Consent Date, whichever
shall first occur.
ARTICLE V
Miscellaneous Terms
Section 5.01. Applicable Law This Contract shall be
subject to all valid rules, regulations, and laws applicable
hereto passed or promulgated by the United States of America, the
State of Texas, or any governmental body or agency having lawful
jurisdiction or the authorized representative or agency or any of
them.
Section 5.02. Amendment This Contract may be changed
or modified only with the consent of each party hereto, which
consent shall not be unreasonably withheld.
-9-
Section 5.03. Assignment This Contract may be
assigned only with the consent of each party hereto, which
consent shall not be unreasonably withheld.
Section 5.04. Notice Any required notice which may
be given pursuant to this Contract shall, until due notice has
been given of a change of address, be in writing and sent by
certified mail, postage prepaid to the following addresses:
If to the City:
City of Pearland
P. 0. Box 1157
Pearland, Texas 77581
Attention: City Manager
If to the Developer:
South Freeway /Brazoria, Ltd.
4600 Post Oak Place Drive
Suite 305
Houston, Texas 77027
Attention: General Partner
If to the District:
Brazoria County Municipal Utility District No. 6
1811 Houston Natural Gas Building
1200 Travis Street
Houston, Texas 77002
Attention: President
Section 5.05. Term Unless sooner terminated pursuant
to the provision hereof, this Contract shall remain in effect for
a period of forty (40) years from the date hereof.
Section 5.06. Evidence and Form of Consent All
consents and approvals to be given by any party hereto shall be
by written resolution of its governing body or a person
authorized to give such consent or approval and shall not be
unreasonably withheld.
Section 5.07. Severability If any one or more of the
articles, sections, provisions, clauses, or words of this
Contract shall for any reason be held to be invalid, such
invalidity shall not affect any other articles, sections,
provisions, clauses, or words of this Contract, and the parties
hereto agree that they would have entered into this Contract
regardless of such invalidity.
-10-
Section 5.08. Binding Nature of Contract Upon the
execution hereof by two of the parties, it is agreed that this
Contract and its terms and provisions shall be binding upon such
parties as if all of the parties hereto executed the Contract
simultaneously.
Section 5.09. Due Authorization This Contract and
all its provisions have been executed by the District and the
City, each by virtue of action taken by its governing body
pursuant to law and has been executed and attested by its duly
authorized officers, upon and by authority of an order passed at
a meeting of its governing body. This Contract and all its
provisions have been executed by the Developer by virtue of and
in accordance with due authorization.
EXECUTED BY THE CITY IN MULTIPLE COPIES, each of equal
force, and effective this ry day of 1983.
CITY OF PE LAND, T X S
Mayor
ATTEST
City erk
(SEAL)
EXECUTED BY THE DEVELOP R IN MULTIPLE COPIES, each of
equal force and effective this R,b day of jujq 1983.
SOUT S FREEWAY P RAZORIA, LTD.
By 7
Titl
ATTEST:
-11-
EXECUTED BY THE DISTRICT IN MULTIPLE COPIES, each of
equal force, and effective this day of
198
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6
By
President, Board of Directors
ATTEST:
Secretary, Board of Directors
(SEAL)
-12-
Brazoria County MUD No. 6
Page 1 of 3
Lying wholly in Brazoria County, Texas, and being a
total of 173.89 acres, more or less, described in two parcels, as
follows:
PARCEL 1
Being 153.43 acres, more or less, located in the H.T.
B.R.R. Company Survey, A -539; being a part of a 1 57.5847 -acre
tract conveyed by deed dated December 20, 1973, from R. T.
Marshall, Trustee to South Freeway /Brazoria, Ltd., recorded in
Volume 1186, Page 198 of the Deed Records of Brazoria County,
Texas; all coordinates and bearings herein stated are referred to
Texas Plane Coordinate System South Central Zone, as established
by the United States Geodetic Survey (U.S.G.S.) in 1934 and based
on the position of the U.S.G.S. Triangulation Station "Red Barn"
having coordinates of X= 3,154,209.41 and Y= 657,665.37; said
1 53.43 -acre tract being more particularly described as follows:
Beginning at a 3/4 -inch iron rod set in a fence line
marking the occupied east right -of -way line of County Road 94,
having coordinates X= 3,149,571.12 and Y= 641,398.92; same being in
the westwardly projection of a fence line found for the occupied
south line of the said 1 57.5847 -acre tract, which point bears
N 03° 15' 04 W from the center line of the right of way of
County Road 59, along the west fence line of the 157.5847 -acne
tract, also being the east right -of -way line of County Road 94
(60 feet wide), a distance of 2,641 feet.
Thence, N 03 15' 04" W 2,532.00 feet to a north-
westerly corner, lying in the east right -of -way line of said
County Road 94.
Thence, N 41° 44' 56" E 70.71 feet to a northerly
corner, lying in the southerly right -of -way line of County
Road 92 (F -M. 3344, 120 feet wide).
Thence, along the said south right -of -way line of
County Road 92 (F.M. 3344) the following courses and distances:
N 86" 44' 56" E 82.71 feet to a point of
curvature.
Easterly along a curve to the right through a
central angle of 07 00' 00" to a point of
tangency, said curve having a radius of
1,849.86 feet, an arc length of 226.00 feet
and a long chord length of 225.86 feet
bearing S 89 45' 04" E.
S 86 15' 04" E 66.76 feet to a point of
curvature.
Easterly along a curve to the left through a
central angle of 07 16' 03" to a point of
tangency, said curve having a radius of
1,969.86 feet, an arc length of 249.86 feet,
and a long chord length of 249.69 feet
bearing S 89 53' 06" E.
N 86 28' 53" E 1,946.34 feet to the north-
east corner of the herein described tract.
Exhibit A
Brazoria Cc ty MUD No. 6 Page 2 of 3
Thence, S 03 15' 04" E 2,548.77 feet to the southeast
corner of the herein described tract.
Thence, S 86 37' 25 W 2,620 feet to the point of
beginning, lying in the east right -of -way line of County Road 94
f60 feet wide).
Containing 153.43 acres of land, more or less.
PARCEL 2
Being 20.46 acres, more or less, located in the H.T.
B.R.R. Co. Survey, Sec. 81, A -300; all coordinates and bearings
herein stated are referred to Texas Plane Coordinate System South
Central Zone, as established by the United States Geodetic Survey
(U.S.G.S.) in 1934 and based on the position of the U.S.G.S.
Triangulation Station "Red Barn" having coordinates X= 3,154,209.41
and Y= 657,665.37; said 20.46 -acre tract being more particularly
described as follows:
Commencing at 3/4-inch
marking the OccupOccupied eastrightf way line s
of County e Road l 94,
having coordinates X= 3,149,571,12 and Y= 641,398.92; same being in
the westerly projection of a fence line found for the occupied
south line of the 157.5847 -acre tract conveyed by deed dated
December 20, 1973, from R. T. Marshall, Trustee to South
Freeway /Brazoria, Ltd., and recorded in Volume 1186, Page 198 of
the Deed Records of Brazoria County, Texas; said point bears
N 03° 15' 04" W, from the center line of the right of way of
County Road 59, along the said West fence line of the
1 57.5847 -acre tract; also being the east right -of -way line of
County Road 94 (60 feet wide), a distance of 2,641 feet.
Thence, S 86 37' 25" to 60.00 feet to a point for
corner, lying in the west right -of -way line of said County
Road 94.
Thence, N 03 15' 04" W 1,155.00 feet along the west
right -of -way line of the said County Road 94 to the point of
beginning and the southeasterly corner of the said 20.46 -acre
tract, which is more particularly described as follows:
Thence, S 86° 37' 25" W 840.56 feet to the southwest
corner, lying in the south line of the 20 -foot wide Pan American
Gas Company easement, as recorded in Volume 973, Page 855 of the
Deed Records of Brazoria County; also lying in the east
right -of -way line of State Highway 288 (420 feet wide).
Thence, along the said east right -of -way line of State
Highway 288 the following courses and distances:
N 03 15' 04" W 249.04 feet to a point of
curvature.
Northerly along a curve to the right through
a central angle of 50 29' 00" to a point of
tangency, said curve having a radius of
996.45 feet, an arc length of 878.26 feet and
a long chord length of 850.11 feet bearing
N 21° 59' 56" E.
A -2
Srazoria 'ounty MUD No. 6
Page 3 of
N 47 13' 56" E 99.65 feet to a point of
curvature.
Northerly along a curve to the left through a
central angle of 37 40' 02" to a north-
westerly corner, said curve having a radius
of 446.46 feet, an arc length of 293.51 feet,
and a long chord length of 288.25 feet
bearing N 28 23' 55" F.
N 44 57' 56" E 146.96 feet to a north-
westerly corner, lying in the south
right -of -way line of County Road 92 (P.M.
3344; 120 feet wide).
Thence, N 86 44' 56 E 88.73 feet to a northerly
corner, lying in the southerly right -of -way line of said County
Road 92 (FM 3344).
Thence, S 48 15' 04" F. 70.71 feet to an easterly
corner lying in the westerly right -of -way line of County Road 94
(60 feet wide).
T hence
beginning, lyingin t�he w s ly right- oflwayeline of said o County
Road 94.
Containing 20.46 acres of land, more or less.
A -3
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Exhibit B
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CEC/ lw
CONTRACT
BY AND AMONG
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
SOUTHWEST FREEWAY BRAZORIA, LTD.
AND
THE CITY OF PEARLAND, TEXAS
THE STATE OF TEXAS 5
5 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA 5
That this CONTRACT (the "Contract made and entered
into by and between BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 6 (the "District a political subdivision of the State of
Texas, organized under Article XVI, Section 59 of the
Constitution of the State of Texas and operating under the
provisions of Chapter 54, Texas Water Code, as amended, SOUTHWEST
FREEWAY BRAZORIA, LTD. (the "Developer a Texas limited
partnership, and the CITY OF PEARLAND, Texas (the "City a home
rule city.
W I T N E S S E T H:
WHEREAS, by Petition, dated January 10, 1983, the
Developer has requested that the City grant its consent to the
creation of the District upon the terms and conditions specified
therein;
WHEREAS, pursuant to Section 54.016(e), Texas Water
Code, the City may provide certain conditions upon the creation
of the District in its written consent to the inclusion of land
within the District;
WHEREAS, pursuant to Section 54.016(h), Texas Water
Code, as amended, a city with a population of I; million or less
may provide in its written consent for the inclusion of land in a
municipal utility district that after annexation the city may set
rates for water and /or sewer services for property that was
Exhibit D
within the territorial boundary of such district at the time of
annexation, which rates may vary from those for other properties
within the city for the purpose of wholly or partially
compensating the city for the assumption of obligation under the
Code providing that:
(1) such written consent contains a contract
entered into by the city and the persons
petitioning for creation of the district
setting forth the time and /or the
conditions of annexation by the city
which annexation shall not occur prior
to the installation of 90 percent of the
facilities for which district bonds were
authorized in the written consent; and
that
(2) the contract sets forth the basis on
which rates are to be charged for water
and /or sewer services following
annexation and the length of time they
may vary from those rates charged
elsewhere in the city; and that
(3) the contract may set forth the time,
conditions, or lands to be annexed by
the district; and that
(4)(A) each purchaser of land within a
district which has entered into a
contract with a city concerning water
and /or sewer rates as set forth herein
shall be furnished by the seller at or
prior to the final closing of the sale
and purchase with a separate written
notice, executed and acknowledged by the
seller, which shall contain the
following information:
(i) the basis on which the monthly
water and /or sewer rate is to be
charged under the contract stated
as a percentage of the water and /or
sewer rates of the city;
(ii) the length of time such rates will
be in effect;
(iii) the time and /or conditions of
annexation by the city implementing
such rates.
WHEREAS, it is in the mutual financial best interests
of the City, the Developer, and the District that substantial
development of the property "Property within the District and
construction of taxable improvements thereon occur prior to
annexation of the District and assumption of its financial
obligations by the City; and
-D2-
WHEREAS, although the City has established and adopted
a definitive Land Use and Urban Development Ordinance in
connection with the regulation and control of development within
its corporate jurisdiction, it has no ordinance authority
relating to the regulation and control of development within its
extraterritorial jurisdiction;
WHEREAS, the Developer and the City now wish to
establish a definitive basis for: (a) the land use and
development density of the Property to be located within the
City's extraterritorial jurisdiction and the boundaries of the
District; (b) the rates to be charged for water and /or sewer
service following annexation of the land within the District and
the length of time that such rates may vary from those rates
charged elsewhere in the City; and (c) the time, conditions, and
land to be annexed by the City;
WHEREAS, the Developer, the City and the District, upon
the District's creation, wish to establish a definitive basis for
water and sewer service rates, utility construction, and the
financing of such utility construction;
WHEREAS, it has been determined that the parties are
authorized to enter into this Contract pursuant 'to the authority
granted by Section 54.016(h) and Section 54.218 of the Texas
Water Code; and the Interlocal Cooperation Act, Article
4413(32c), Vernon's Taxes Civil Statutes, as amended.
WHEREAS, it is contemplated that within thirty (30)
days from the Creation Date (hereunder defined) the District will
execute and become a party to this Contract and assume its
duties, obligation, benefits, and privileges hereunder.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
premises, obligations, and benefits hereinafter set forth, the
receipt and adequacy of which is hereby acknowledged, the City,
the District, and the Developer, contract and agree as follows:
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ARTICLE I
Definitions
Unless the context requires otherwise, the following
terms and phrases used in this Contract shall have meanings as
follows:
Section 1.01. The term "Bonds" shall mean the issue or
issues of unlimited tax bonds, combination unlimited tax and
revenue bonds, or other obligations of the District which are
hereafter to be authorized at the initial bond election to be
conducted subsequent to the Creation Date, and issued and sold by
the District pursuant to the provisions of this Contract and the
provisions of Chapter 54 of the Texas Water Code, as amended, for
the purposes provided in this Contract, and any refunding; bonds
issued in lieu thereof.
Section 1.02. The term "City" shall mean the cit., of
Pearland, Texas.
Section 1.03. The term "Code" shall mean the City's
Code of Ordinances.
Section 1.04. The term "Consent Date" shall mean the
date of the ordinance or resolution granting the consent of the
City to the creation of the District.
Section 1.05. The term "Creation Date" shall mean the
date of the Order of the Texas Water Commission creating and
organizing the District.
Section 1.06. "Developer" shall mean Southwest
Freeway /Brazoria, Ltd., and its successors and assigns as
permitted hereunder.
Section 1.07. The term "District" shall mean Brazoria
County Municipal Utility District No. 6.
Section 1.08. The term "Facilities" shall mean all the
fresh water, sanitary sewer, and drainage facilities required to
be constructed to serve the District, including, but not limited
to all water facilities, lines and appurtenances, any sewage
treatment plant and capacity in such plant, sanitary sewers and
Ime
appurtenances, and all concrete pipe, storm sewers, detention
ponds, drainage ditches and appurtenances, all as established in
the Engineer's Report to be prepared in connection with the
initial bond election to be conducted subsequent to the Creation
Date.
Section 1.09. The term "Property" shall mean the real
property which is located within the District's boundaries as
described on Exhibit A attached hereto and incorporated herein
for all purposes.
ARTICLE II
Developer Rights and Responsibilities
Section 2.01. Designation of Land Use The Developer
hereby designates the anticipated land uses for the Property and
establishes an estimate of the total acreage for each such land
use, all as shown on Exhibit B attached hereto incorporated
herein for all purposes.
Section 2.02. Limitation of Development Density The
Developer shall not develop the Property in such a manner as to
exceed a total number of dwelling units per acre or its equiva-
lent for each land use designated based upon the following:
21.78 dwelling units per acre for multi family residential
development; 4.5 dwelling units per acre for single family
residential development; and the maximum number of dwelling unit
equivalents per acre permitted by the City's Code in effect as of
the Consent Date for forms of land use other than residential.
The Developer further agrees that all lots which it
develops that are intended for use as single family detached
dwellings shall be of a minimum size of sixty (60) feet in width
and one hundred ten (110) feet in depth, and _further that all
such lots abutting existing or future easements within the
District for high pressure natural gas transmission lines shall
have no single family building structure closer than seventy
five (75) feet from the nearest boundary of such easement.
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Section 2.03. Utility Construction. The Developer
agrees to cause the District to provide for the acquisition or
construction in stages as needed, of all water supply and waste
treatment plants and facilities comprising the Facilities as may
be necessary to serve the Property based upon the total number of
dwelling units or dwelling unit equivalents, as designated in
Sections 2.02 and 4.01 hereof, and design requirements of the
City and Texas Department of Health. The Developer further
agrees to cause the District to provide for the.acquisition or
construction in stages as needed, all drainage facilities,
ditches, and detention ponds as may be required by the Code or
Brazoria County to properly serve the Property based upon the
total number of dwelling units or dwelling unit equivalents as
calculated in Sections 2.01 and 4.01 hereof.
Section 2.04. Notice of Water and /or sewer Service
Rates The Developer hereby agrees that with respect to each
sale by it of a parcel of land comprising the Property, the
Developer shall furnish to its purchaser at or prior to the final
closing of the sale and purchase with a separate written notice in
accordance with the requirements. of Section 54.016(h)(4)(A),
Texas Water Code.
Section 2.05. Execution by District Within thirty
(30) days from the Creation Date, the Developer agrees to use its
best efforts to secure the execution of this Contract by the
District, recognizing that the District is an independent
governmental agency, and political subdivision of the State of
Texas.
ARTICLE III
District Rights and Responsibilities
Section 3.01. Assignment within thirty (30) days
following the the Creation Date, the Developer shall assign and,
by the execution hereof, the District shall accede to all rights
of the Developer created hereunder in Section 2.03, along with
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any and all duties appurtenant thereto. Such assignment is
unrestricted, unqualified, and shall take effect automatically
without further written agreement between any of the parties
hereto. The City, by execution of this Contract, recognizes and
approves of such assignment by the Developer to the District.
Section 3.02. Utility Construction The District
shall agree to acquire or construct, in stages as needed, all
water supply and waste treatment plants and facilities comprising
the Facilities as may be necessary to serve the Property based
upon the total number of dwelling units or dwelling unit
equivalents to be designated in Sections 2.01 and 4.01 hereof and
design requirements of the City and Texas Department of Health.
The District further agrees to acquire or construct, in stages as
needed, all drainage facilities, ditches, and detention ponds
comprising the Facilities as may be required by the Code or
Brazoria County to properly serve the Property based upon the
total number of dwelling units or dwelling unit equivalents as
calculated in Sections 2.01 and 4.01 hereof.
Section 3.03. Financing of Utility Construction In
the event that the District shall issue its Bonds in multiple
series to finance the acquisition or construction of the
Facilities in phases, the initial series of Bonds shall be issued
and the initial phase of the Facilities completed within ten (10)
years from the Consent Date. Any subsequent series of bonds
shall be issued and the acquisition of the remainder of the
Facilities completed by the District within fifteen (15) years
from the Consent Date.
ARTICLE IV
City Rights and Responsibilities
Section 4.01. Limitation of Development Density
(a) The City hereby agrees to a total number of
dwelling units per acre or its equivalent for each land use
designated by the Developer on Exhibit B based upon the
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following: 21.78 dwelling units per acre for multi family
residental development; 4.5 dwelling units per acre for single
family residential development; and the maximum number of
dwelling unit equivalents per acre permitted by the City's Code
in effect as of the Consent Date for forms of land use other than
residential.
(b) The City further agrees that the maximum number of
dwelling units per acre for multi family and single family
residential development for the Property shall be based upon
gross acreage (i.e. for purposes of calculating the total number
of dwelling units permitted for each acre, acreage attributable
to utility easements, roads and streets, detention ponds, and
ditches will be included).
(c) The City further agrees to the maximum number of
dwelling units or dwelling unit equivalents per acre for each
land use designated by the Developer on Exhibit B and the
Developer shall have the right to allocate such units or
equivalent units over the Property at any density per acre as
long as total dwelling units or equivalent units for the Property
as calculated pursuant to Section 4.01 hereof is not exceeded.
(d) The City further agrees that the'specific acreage
designated in Sections 2.01 and 4.01 are subject to changes of an
immaterial nature for engineering reasons, easement locations,
and depending upon the final land plan and utility layout.
Section 4.02. Water and /or Sewer Service Rates. It is
hereby acknowledged and agreed that following annexation of the
Property by the City, the City will charge for water and sewer
services provided to customers and users within the Property. It
is further agreed and acknowledged that, at the, City's option,
such rates vary from those charged for other properties elsewhere
in the City for the purpose of wholly or partially compensating
the City for the assumption of obligations of the District.
The City may at its option charge such rates only in the event
that upon annexation of the Property the City is required to
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assume outstanding Bonds of the District. Finally, such rates
may be charged, at the option of the City, from the date of
annexation until such Bonds are paid by the City.
Section 4.03. Notice and Effect of Annexation The
City hereby agrees that in the event that the City shall annex
the Property, the agreements with respect to land use and
development density set forth herein shall remain in full force
and effect subsequent to such annexation. The City hereby agrees
to give the District and the Developer eighteen (18) months
written notice of its intent to annex the Property.
Section 4.04. Conditions to Annexation The City
hereby expressly covenants and agrees that annexation of the
Property shall not occur (a) prior to (i) the installation of
Facilities by the District sufficient to serve ninety percent
(90 of the total aggregate number of equivalent dwelling units
of the District calculated at the maximum densities established
in the foregoing Sections 2.01 and 4.01 hereof, and (ii) the
issuance of Bonds in an amount sufficient to finance the
Facilities required by the preceding phrase or (b) until the
fifteenth (15th) anniversary date of the Consent Date, whichever
shall first occur.
ARTICLE V
Miscellaneous Terms
Section 5.01. Applicable Law. This Contract shall be
subject to all valid rules, regulations, and laws applicable
hereto passed or promulgated by the United States of America, the
State of Texas, or any governmental body or agency having lawful
jurisdiction or the authorized representative or-agency or any of
them.
Section 5.02. Amendment This Contract may be changed
or modified only with the consent of each party hereto, which
consent shall not be unreasonably withheld.
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Section 5.03. Assignment This Contract may be
assigned only with the consent of each party hereto, which
consent shall not be unreasonably withheld.
Section 5.04. Notice Any required notice which may
be given pursuant to this Contract shall, until due notice has
been given of a change of address, be in writing and sent by
certified mail, postage prepaid to the following addresses:
If to the City:
City of Pearland
P. 0. Box 1157
Pearland, Texas 77581
Attention: City Manager
If to the Developer:
South Freeway /Brazoria, Ltd.
4600 Post Oak Place Drive
Suite 305
Houston, Texas 77027
Attention: General Partner
If to the District:
Brazoria County Municipal Utility District No. 6
1811 Houston Natural Gas Building
1200 Travis Street
Houston, Texas 77002
Attention: President
Section 5.05. Term Unless sooner terminated pursuant
to the provision hereof, this Contract shall remain in effect for
a period of forty (40) years from the date hereof.
Section 5.06. Evidence and Form of Consent. All
consents and approvals to be given by any party hereto shall be
by written resolution of its governing body or a person
authorized to give such consent or approval and shall not be
unreasonably withheld.
Section 5.07. Severability If any one or more of the
articles, sections, provisions, clauses, or words of this
Contract shall for any reason be held to be invalid, such-
invalidity shall not affect any other articles, sections,
provisions, clauses, or words of this Contract, and the parties
hereto agree that they would have entered into this Contract
regardless of such invalidity.
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Section 5.08. Binding Nature of Contract Upon the
execution hereof by two of the parties, it is agreed that this
Contract and its terms and provisions shall be binding upon such
parties as if all of the parties hereto executed the Contract
simultaneously.
Section 5.09. Due Authorization This Contract and
all its provisions have been executed by the District and the
City, each by virtue of action taken by its governing body
pursuant to law and has been executed and attested by its duly
authorized officers, upon and by authority of an order passed at
a meeting of its governing body. This Contract and all its
provisions have been executed by the Developer by virtue of and
in accordance with due authorization.
EXECUTED BY THE CITY IN MULTIPLE COPIES, each of equal
force, and effective this day of 1983.
CITY OF PEARLAND, TEXAS
ATTEST:
By
Mayor
City Clerk
(SEAL)
EXECUTED BY THE DEVELO ER IN MULTIPLE COPIES, each of
equal force and effective this 2 pf1) day of johl 1983.
SOUT T FREEWAY RAZORIA, LTD.
By
Titl
ATTEST:
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EXECUTED BY THE DISTRICT IN MULTIPLE COPIES, each of
equal force, and effective this day of
198
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6
By
ATTEST: President, Board of Directors
Secretary, Board of Directors
(SEAL)
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