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R84-07 03-26-84 RESOLUTION NO. R84-7 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, V.T.C.A., Water Code, as amended, provides that no land within the Corporate limits of a City or within the extraterritorial jurisdiction of a City, shall be included within a Municipal Utility District unless the City grants its written consent, by resolution or ordinance, to the inclusion of the land within a district; and WHEREAS, the 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, an area in which the landowners have requested that a Municipal Utility District be created; and WHEREAS, it is now contemplated that such 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 of the powers provided by Chapter 54, Title 4, Texas Water Code, as amended; and WHEREAS, it is proposed that said political subdivision shall be known as Brazoria County Municipal Utility District No. 9 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. 9, 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 within said District, shall abide by and adhere to all of the terms and conditions set forth in Exhibit "B" attached hereto 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 fire protection 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. 9 will covenant and agree that he, they, or it, will develop said areas within said District in accordance with the following development criteria, to-wit: (1) That all areas within the aforenamed District shall be developed in general accordance with the Conceptual Plan and Density Ratios set forth on the Conceptual Plan attached hereto as Exhibit "C" and made a part of this resolution for all intents and purposes. (2) That the owner or developer shall not develop the property in such a manner as to exceed a total number of dwelling units per acre or its equivalent for each land use designated based upon the following: 21.78 dwelling units per acre for multi-family residential development; 15 dwelling units per acre for townhome residential development; 8 dwelling units per acre for patio home development; 4.5 dwelling units per acre for single family residential development. (3) That all developed lots intended for use as single family detached dwellings shall be of a minimum size of sixty (60) feet in width and one hundred five (105) feet in depth, and all lots fronting on any cul-de-sac street shall have a minimum front width of not less than Thirty-Five (35) feet, and a total square foot lot area of not less than 6300 square feet. (4) That all developed lots intended for use as patio house dwellings shall be of a minimum size of forty-five (45) feet in width and a total square foot lot area of not less than 5,000 square feet. (5) 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 sixty five (65) feet from the nearest boundary of such an easement. 4. 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 ~ day of ~~ , 1984, at a regular meeting of the City Council duly called as required by law. CITY OF PEARLAND~/~XAS TOM REID, Mayor City of Pearland, Texas APPROVED AS TO CONTENT: KELS~ SOUTH CENTE~, LTD., a ~avis P. Kelsey, Jr./ General Partner KELSE~ ALMEDA SCHOgL LTD., a By.~° ~exas lim~d/partnership~~ ~ ~avis P. Kelsey, Jr~ General Partner KELSF~f ALMEDA VENTURE, a ~oint Verr6ure~/ ~ Mavis P. Kelsey, Jr. ~ Managing Venturer Ark EXHIBIT "A" DESCRIPTION OF 440.975 ACRES BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO . 9 Being 440.975 acre tract of land located in the H.T. & B.R.R. Co. Surveys, Abstracts 305 and 565, Brazoria County, Texas, said 440.975 acres being more particularly described by metes and bounds as follows; BEGINNING at a point in the centerline of County Road No. 48 (Almeda School Road) and being the northeast corner of said H.T. & B.R.R. Co, Survey, Abstract 305 and the northwest corner of said H.T. & B.R.B. Co. Survey, Abstract 565, said point being in the south line of the S. G. Haynie Survey, Abstract 212; Thence, along said centerline and the common line of said H .T. & B.R.R. Co. Surveys, Abstract 305 and 565, South 00' 02' 00" West, 4192.78 feet to a point for corner; Thence, departing said centerline and said common line South 89' 35' 16" East, 2640.06 feet to a point for corner; Thence, South 00' 02' 00" West, 1066.00 feet, to a point for corner in the centerline of County Road No. 92 (Smith Road ) and common line of the H.T. & B.R.R. Co. Surveys, Abstracts 305, 565, 538 and 564; Thence, along said common line, West, 5278.89 feet to a point for corner; Thence, departing said common line, North 00' 02' 00" East, 1665.51 feet to a point for corner; Thence, North 89' 11' 30" West, 1166.72 feet to a point for corner; Thence, North 15' 16' 49" East, 3727.58 feet to a point for corner in a common line of said H.T. & B.R.R. Co. Survey, Abstract 305 and the S. G. Haynie, Abstract 212; Thence, along said common line, East, 2825.23 feet to the POINT OF BEGINNING and containing 440.975 acres of land. r .� EXHIBIT "B" A. Bonds: Bonds may be issued by the district only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Pearland, or otherwise acquiring waterworks systems , sanitary sewer systems , sewage treatment facilities , storm sewer systems and drainage facilities , or parts of such systems or facilities , and to make any and all necessary purchases, construction, improvements, extensions , additions and repairs thereto, and to purchase or acquire all necessary lands, right-of-way easements, sites, equipment, buildings, plants , structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the district. All district bonds shall expressly provide that the district shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one-half (2-1/2) percent of par value reducing one-half (1/2) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five (95%) percent of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds , shall not exceed two (2) percent above the highest average interest rate reported by the "Daily Bond Buyer" in its weekly "20 Bond Index" during the thirty-day period next preceding the date of notice 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 order or resolution authorizing 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 system to the payment of the district ' s bonds will terminate when and if the City of Pearland, Texas, 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 annexed to the district until the City of Pearland has given its written consent 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 representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such district and obtain the approval of such plans and specifications by the City. All 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 Amok engineer, shall give written 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 specifications, " "approved plans and specifications , " or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the district and are not meant to limit the discretion of the board of directors of the district to determine what facilities may be constructed, paid for and maintained by the district. C. Plat Approval: The owner or developer of the land within the district shall covenant and agree that he or 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 deed records. The district will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the planning and zoning commission and the City Council. D. Inspection and Reports: Full-time resident inspection shall be provided during the construction period by district inspectors. In addition, an additional inspector or inspectors shall be furnished at City expense , if deemed necessary by the City Engineer. Daily inspection reports will be kept on file by the district ' s engineer. Monthly inspection reports shall be furnished to the City. Except as provided in Chapter 54 , all construction contracts shall be let on a competitive biddings basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless otherwise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds, payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as built" plans to the City by the Engineer for the district shall be required. E. Initial Board: At least one of the persons nominated for appointment by the Texas Water Commission as temporary directors of the district shall be a person selected by the City Council. F. Bond Escrow: The district shall not be permitted 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 that to the best of his knowledge and belief the district is in compliance with this resolution, and a letter . . Auk 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. Such letters of the Mayor shall be given within a reasonable time upon request. H. Utility Rates: The district will use its best efforts to charge rates for water and sewer service not less than the rates charged by the City to its customers. However, the nature and amount of such rates shall be within the sole and exclusive discretion of the board of directors of the district. I . City Recommendations: The City of Pearland, acting through the Mayor and the City ' s financial advisor, will make recommendations to the board of directors of the district and its financial advisor as to the amount of bonds that shall be authorized, the installment sale of such authorization , the maturity schedule of each installment, the optional provisions to be contained in such bonds , and the sale and delivery of the district bonds . However, the district shall be under no obligation to obtain or comply with City recommendations prior to sale. 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 later, the district shall pay or cause to be paid Twenty Thousand Dollars ($20 ,000 .00) to reimburse the City for all of its actual fiscal , legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the district; (2) the financial advisory services described in Subsection (I) hereof; (3) the City' s review of plans and specifications of the district' s facilities; and (4) supervision of inspection of district' s facilities. The district shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand Dollars ($5 ,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 the purpose of paying such fees and expenses , it shall be returned forthwith to the district. No interest will be allowed on any deposit. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the district. The persons requesting City' s consent to the creation of a district shall be obligated to guarantee the payments imposed upon a district as set forth in this Section. Ink 111.44 13 1984 CM' OF PEARLAND PETITION FOR CONSENT TO CREATION OF A MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: The undersigned, appearing through duly authorized agents and representatives, and acting pursuant to the provisions of Chapter 54 , Texas Water Code, as amended, respectfully petition this Honorable Council for its consent to the creation of a Municipal Utility District, and for cause would respectfully show the following: I. The name of the proposed- District shall be Brazoria County Municipal Utility District No. 9 . II. Said District shall be organized under the terms and provisions of Article XVI , Section 59 of the Constitution of Texas, and Chapter 54 , Texas Water Code, together with all amendments and additions thereto. III. Said District shall contain an area of approximately 440 . 975 acres of land, situated within Brazoria County, Texas , described by metes and bounds in Exhibit "A" , which is attached hereto and incorporated herein, and no part thereof lies within the limits of any incorporated village, town or city. Said District includes territory which is within the extraterritorial jurisdiction of the City of Pearland pursuant to the Municipal Annexation Act, Article 970a, Texas Revised Civil Statutes, as amended, and is not within such jurisdiction of any other city. IV. The undersigned constitute a majority in value of the holders of title to the lands in the proposed District, as shown ink by the county tax rolls and conveyances of record since the date of preparation of said county tax rolls. V. Said District shall be organized for the following purposes: (1) The control , storing, preservation and distribution of its waters and flood waters, the waters of its rivers and streams , for all useful purposes , including municipal , domestic, industrial and communal uses; (2) The control, abatement and change of any shortage or harmful excess of waters , and the protection, preservation and restoration of the purity and sanitary condition of water within the District; (3) The collection, transportation, processing, disposal and control of all domestic , industrial or communal wastes, whether of fluids, solids or composites; and (4) The fire-fighting purposes set forth in Section 50 .055 Texas Water Code , as amended. The aforementioned purposes are to be accomplished by any and all mechanical and chemical means and processes incident, necessary or helpful to such purposes , to the end that public health and welfare may be conserved and promoted and the purity and sanitary condition of the State' s waters protected, effected and restored. VI. The general nature of the work to be done by and within the District at the present time is the construction, maintenance and operation of a waterworks system for domestic, industrial and commercial purposes, and the construction, maintenance and operation of a sanitary sewer collection system and sewage disposal plant, and the control , abatement and amendment of the harmful excess of waters, the reclamation and drainage of overflowed lands within the District and fire-fighting activities - 2 - p such other 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. VII. There is a necessity for the improvements above described because the District is located within an area which will experience a substantial and sustained residential and commercial growth within the immediate future , 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 District and of the inhabitants of the area adjacent thereto require the acquisition and installation of an adequate waterworks system, storm and sanitary sewer collection and disposal system, and fire-fighting facilities. The purchase, construction, extension, improvement, maintenance and operation of such waterworks system, storm and sanitary sewer collection and disposal system and fire-fighting facilities 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 for the organization of said District. VIII . Said proposed improvements are practicable and feasible, in that the terrain of the territory to be included in the proposed District is of such a nature that a waterworks system and sanitary and storm sewer systems can be constructed at a reasonable cost; and said territory will be rapidly developed as a residential section and will continue so to develop until the majority of the territory located therein is used for home purposes . - 3 - IX. A preliminary investigation has been instituted to determine the cost of the project, 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 Twenty Million and No/100 Dollars ($20 ,000 ,000 . 00) . X. The undersigned, in requesting that the City Council grant its consent as above stated, is willing to accept such consent based upon the terms and conditions set out below and in consideration of the City granting its consent for the creation of a District, the undersigned do expressly agree to comply with said conditions: A. Bonds: Bonds may be issued by the district only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Pearland, or otherwise acquiring waterworks systems, sanitary sewer systems, sewage treatment facilities , storm sewer systems and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements , extensions, additions and repairs thereto, and to purchase or acquire all necessary lands, right-of-way easements, sites , equipment, buildings, plants, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the district. All district bonds shall expressly provide that the district shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one-half (2-1/2) percent of par value reducing one-half (1/2) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five (95%) percent of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds , shall not exceed two (2) percent above the highest average interest rate reported by the "Daily Bond Buyer" in its weekly "20 Bond Index" during the thirty-day period next preceding the date of notice of sale of the bonds . Bids for the bonds will be received not more than - 4 - aisk 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 order or resolution authorizing 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 system to the payment of the district' s bonds will terminate when and if the City of Pearland, Texas, 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 annexed to the district until the City of Pearland has given its written consent 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 representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such district and obtain the approval of such plans and specifications by the City. All 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 written 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 specifications, " "approved plans and specifications , " or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the district and are not meant to limit the discretion of the board of directors of the district to determine what facilities may be - 5 - 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 deed records. The district will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the planning and zoning commission and the City Council. D. Inspection and Reports: Full-time resident inspection shall be provided during the construction period by district inspectors. In addition, an additional inspector or inspectors shall be furnished at City expense, if deemed necessary by the City Engineer. Daily inspection reports will be kept on file by the district ' s engineer. Monthly inspection reports shall be furnished to the City. Except as provided in Chapter 54 , all construction contracts shall be let on a competitive biddings basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless otherwise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds , payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as built" plans to the City by the Engineer for the district shall be required. E. Initial Board: At least one of the persons nominated for appointment by the Texas Water Commission as temporary directors of the district shall be a person selected by the City Council. F. Bond Escrow: The district shall not be permitted 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 that to the best of his knowledge and belief the district is in compliance with this resolution , 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 - 6 - 41 authorizing the issuance of any bonds of the district, absent the interest rates on and sales price of the bonds. Such letters of the Mayor shall be given within a reasonable time upon request. H. Utility Rates: The district will use its best efforts to charge rates for water and sewer service not less than the rates charged by the City to its customers. However, the nature and amount of such rates shall be within the sole and exclusive discretion of the board of directors of the district. I . City Recommendations: The City of Pearland, acting through the Mayor and the City' s financial advisor , will make recommendations to the board of directors of the district and its financial advisor as to the amount of bonds that shall be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds , and the sale and delivery of the district bonds. However, the district shall be under no obligation to obtain or comply with City recommendations prior to sale. 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 later, the district shall pay or cause to be paid Twenty Thousand Dollars ($20 ,000 . 00) to reimburse the City for all of its actual fiscal , legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the district; (2) the financial advisory services described in Subsection (I) hereof; (3) the City' s review of plans and specifications of the district' s facilities; and (4) supervision of inspection of district ' s facilities. The district shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand Dollars ($5 ,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 the purpose of paying such fees and expenses, it shall be returned forthwith to the district. No interest will be allowed on any deposit. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the district. The persons requesting City' s - 7 consent to the creation of a district shall be obligated to guarantee the payments imposed upon a district as set fort in this Section. RESPECTFULLY SUBMITTED this c- day o , 1984 . KELSEY SOUTH CENTER, LTD. , a exas limited p rtnership By: I Mavis P. Kelsey, Jr. General Partner KELSEY ALMEDA SCHOOL LTD. , a Texas limited partnership By: /tk Mavis P. Kelsey, Jr. General Partner KELSEY ALMEDA VENTURE, a Joint Venture By: 0(A40,0-7,/ /?k �t Mavis P. Kelsey, Jr. Managing Venturer - 8 - THE STATE OF TEXAS § § COUNTY OF HARRIS § "" This instrument was acknowledged before me on198k AWk , by Mavis P. Kelsey, Jr. , General Partner of Kelsey South Center, Ltd. , a Texas limited partnership, on behalf of said partnership. (SEAL) RiMi0 Notary Public, Sta of Texas Co missi Expires: 071144. ljjdJs..j 5�-tl -� (Name Typed or Printed) THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on S , 1984t MLJ , by Mavis P. Kelsey, Jr. , General Partner, for KELSEY ALMEDA SCHOOL, LTD. , a Texas limited partnership, on behalf of said partnership. (SEAL) Notary Public, ate of Texas My Cos . i Expires: .DM -DVq� �` � (Name Typed or Printed) THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on PIIVI At- 5 1984, by Mavis P. Kelsey, Jr. , General Partner, for KELSEY ALMEDA VENTURE. , a Joint Venture, on behalf of said joint venture. N: 4)1,AL, (SEAL) Notary Public, St eof Texas My Co_mntiss ' n Expires: �J f�rn )014,bl'e0 (Name Typed or Printed) - 9 - i. 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