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R83-41 12-12-83 Resolution No. R85-41 A RESOLUTION GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 WHEREAS, there has been presented to and filed with the City Council of the City of Pearland, Texas, a petition, attached hereto and incorporated herein for all purposes, requesting the City's consent for the inclusion of certain land in Brazoria County Municipal Utility District No. 5 (the "District"); and WHEREAS, a revised land use plan has been provided to the City for said land; and WHEREAS, sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and WHEREAS, this meeting has been open to the public as required by law at all times during which this resolution and the subject matter hereof has been discussed, considered, and formally acted upon; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, THAT: Section 1: It is hereby affirmatively found and determined that all of the recitations, matters, and facts set out in the preamble o£ this resolution are true and correct. Section 2: The petition requesting the City's consent for the inclusion of certain land in the District is hereby granted, subject to the terms and conditions set forth therein, and further subject to the terms and conditions set forth in the City's written consent to the creation of the District, passed and approved on June 9, 1980. Section 3: This resolution shall take effect immedi- ately upon its passage in accordance with the provisions of the Charter of the City of Pearland. PASSED AND APPROVED this 12th day of December, 1983. CITY OF PEARLAND, T~k~AS Thomas J. Reid/Mayor ATTEST: (SEAL) -2- THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on the 7th day of December, 1983 , by Fred L. Davis as President of the Board of Directors of Brazoria County Municipal Utility District No. 5 , on behalf of said district. Nota ublic, State of Texas EI (SEAL) THE STATE OF TEXAS S COUNTY OF BRAZORIA § This instrument was acknowledged before me on the 7th day of December , 1983 , by Charles D. Lindsay as Region President of Homecraft Land Development, Inc. , a Texas corporation, on behalf of said c rporation. • otary Publi , St to of Texas M Y &run+www/0-A a xd/. c3 p//fe/g7 (SEAL) THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on the 7th day of December , 1983 , by Jon G. Hawk aa trustee. # Notary Public, State of Texas (SEAL) UNDA PERERD Mak Usti d _ E FISHER CO.. INC. r wilim. 'j -1-1- i �.O Box 13429 ',� ' . 71H 3 TON,528- TEXAS 7721 9 � `,,' ', j 7 1 3/528 4 1 1 3 �:,` _= > November 25, 1983 DESCRIPTION BEING 34.6923 acres of land located in the F. B. Drake Survey (Section 20) , Abstract No. 506, Brazoria County, Texas, and being the south portion of Lot 2 and all of Lots 3, 4 and 5, Allison-Richey Gulf Coast Home Company Subdivision, Part of Suburban Gardens per map of plat thereof recorded in Volume 2, Page 24 of the Map Records of Brazoria, County, Texas said 34.6923 acres of land also being comprised of the following tracts of land conveyed to Jon G. Hawk, Trustee 1 .) South portion of said Lot 2, Volume 1604, Page 955, 2.) said Lot 3 and the north portion of said Lot 4, Volume 1429, Page 826, 3. ) the south portion of Lot 4, Volume 1434, Page 405, Volume 1434, Page 407 and Volume 1434, Page 410 and 4. ) said Lot 5, Volume 1304, Page 779, said 34.6923 acres of land being more particularly described by metes and bounds as follows: COMMENCING at the most southerly southeast corner of that certain 1023.9375 acre tract of land convey to U. S. Home Corporation by deed recorded in Volume 1425, Page 630 of the Deed Records of Brazoria County, Texas; THENCE North 00 deg. 26 min. 27 sec. West, along the east line of said 1023.9375 acre tract same being the west line of said Allison-Richey Gulf Coast Home Company Subdivision same being the east line of another Allison-Richey Gulf Coast Home Company Subdivision per map or plat thereof recorded in Volume 2, Page 107 of the Map Records of Brazoria County, Texas, at 19.95 feet and left 20.00 feet pass a 5/8 inch iron rod with aluminum cap stamped "T-3" found marking the southeast corner of Lot 40 of last said Allison-Richey Gulf Coast Home Company Subdivision, continuing the same course a total distance of 827.02 feet to a 1/2 inch iron set for the southwest corner and PLACE OF BEGINNING of the herein described tract same being the southwest corner of said Lot 5; THENCE North 00 deg. 26 min. 27 sec. West, along the common line between said Allison-Richey Gulf Coast Home Company Subdivisions same being the east line of said 1023.9375 acre tract, at 1052.43 feet and left 7.32 feet pass a 5/8 inch iron rod, at 1575.99 feet and right 52.65 feet pass a 5/8 inch iron rod, continuing the same course a total distance of 1834.09 feet to a 1/2 inch iron rod set for the northwest corner of the herein described tract from which a 1/2 inch iron rod found bears North 61 deg. 12. min. 18 sec. West-8.55 feet; THENCE North 89 deg. 33 min. 33 sec. East, a distance of 823.19 feet to a 1/2 inch iron rod found for the northeast corner of the herein described tract in the common line between said Lots 2 and 17; THENCE South 00 deg. 29 min. 17 sec. East, along the east line of said Lots 2, 3, 4 and 5 same being the west line of Lots 17, 18, 19 and 20, at 260.56 feet and left 1 .09 feet pass a 1 1/4 inch galvanized iron pipe, at 262.59 feet and left 0.44 feet pass a 1/2 inch iron rod, at 815.70 feet pass 1/2 inch iron rod on line, at 1310.17 feet and left 0.34 feet pass 1/2 inch iron rod, continuing the same course a total distance of 1834.09 feet to a 1/2 inch iron rod found for the southeast corner of the herein described tract same being the common corner of Lots 5, 6, 20 and 21 ; THENCE South 89 deg. 33 min. 33 sec. West, along the common line between Lots 5 and 6, a distance of 824.17 feet to the PLACE OF BEGINNING and containing 34.6923 acres of land. ELS/sbn itat (Iigt wit(ale- rt A. Marlow Registered Public Surveyor o. 4218 EXHIBIT B • _y3oncs : Bonds may be issued v the district only pose o- purchasing and ccnstruct: - c or cons _=---;,, , c �•� � o= p urc'asin •g , c: under 9 or ct:�erwise a contact with the City c= ?ear' and acquiring waterworks s ster s , sanitary sew systems , sewage treatmentfacilities , L e- and d drainage facilities , storm sewer sv e rain ace faci l • ties st-ms ties , or parts of such systems or ties , and to make any and all necessary p „- - `'T= , ; �%�ove:;,er.t5 extensions , :L:�C..a5e5-, COnS t r'1C- , extensions , additions and repairs thereto , and to purchase or acquire all necessary lands , right-of-way easements , sites , ecuipment, buildings , plants , structures and facilities therefor, : and and to operate and maintain same , and to sell water, sanitary sewer, and other se-vices within or without the boundaries of the district , All district bonds shall expressly the provide that the district shall reserve tne right to redeem said bonds on any interest payment date subsequent to the tenth 1 ( 10 th ) anniversary of the date o= issLazce at a premium not to exceed two and one-half ( 2-1 /2 ) percent of par value reducing year thereafter one-halms c` par value each ( /2 ) of one percent to par value . Bonds ( other than refunding i)onds 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 ninety-five oless than ninety-five ( 93 ) 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. 3 .- 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 speci f ic,: tion n 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 C..ty ' s standard plans and specifications . Prior to the construe -ion of such facilities within the district , the district , or its engineer, shall give written notice to the Page 1 of 3 city stating the date that such construction will be commenced. no 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 spt:cificaticns of the City , and during the progress of the construction and installation of such facilities , or an employee , or a de the City 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 inspec- tion 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 aproved by the City , which shall include evidence of the financial condition of the bidders . Bid bonds, payment bonds , perform- ance 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 Page 2 of 3 ..favor that to the best of his Knowledge and belie': the district is in compliance with this resolution , and a letter of the Mayor addressed to the Attorney Genreal 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 ue 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 authoriza- tion, 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 recom- mendations 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 desposit. 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. Page 3 of 3 PETITION FOR CONSENT TO ANNEX LAND TO A MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, Brazoria County Municipal Utility District No. 5 , Homecraft Land Development, Inc. , and Jon G. Hawk, Trustee, acting pursuant to the provisions of Chapter 54 , Texas Water Code , respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by said District of the land described in Exhibit A hereto. In support of this petition, the undersigned would show the following: I . Brazoria County Municipal Utility District No. 5 , of Brazoria County, Texas (the "District" ) , is a municipal utility district duly created and operating under the laws of the State of Texas , particularly Chapter 54 , Texas Water Code. II . Jon G. Hawk, Trustee , holds fee-simple title to the land sought to be annexed to the District and owns a majority in value of such land as such value is indicated by the tax rolls of Brazoria County, Texas. Homecraft Land Development, Inc. has entered into a contract to purchase all of said land and proposes to develop same for residential purposes . III. The land sought to be annexed to the District comprises one tract, containing 34 . 6923 acres , more or less , situated wholly in Brazoria County, Texas . No part of said tract is within the limits of any incorporated city, town, or village , and no part of said tract is within the extraterritorial jurisdiction (as such term is defined in Article 970a, Vernon' s Texas Civil Statutes) of any city, town, or village except the City of Pearland, Texas. All of the land proposed to be annexed may properly be annexed to the District. IV. The land sought to be annexed to the District is described by metes and bounds in Exhibit A, which is attached hereto and incorporated herein for all purposes. V. The general nature of the work to be done in the area sought to be annexed to the District is the construction, acquisition, maintenance , and operation of a water and sanitary sewer system for residential purposes , and the construction, acquisition, maintenance , and operation of a drainage system to gather, conduct, divert, and control local storm water or other local harmful excesses of water. VI . There is , for the following reasons , a necessity for the above-described work. The area proposed to be annexed to the District is in close proximity to populous and developed sections of Brazoria County, and within the near future will experience a substantial and substained residential growth. There is not now available within the area sought to be annexed to the District an adequate water, sanitary sewer, or drainage system, and the health and welfare of the present and future inhabitants of the area and of territories adjacent thereto require the construc- tion, acquisition, maintenance , and operation of such systems. Therefore , a public necessity exists for the annexation of the aforementioned land to the District to provide for the construction, acquisition, maintenance , and operation of water, sanitary sewer, and drainage systems , so as to promote the purity and sanitary condition of the State ' s waters and the public health and welfare of the community. VII . The undersigned request consent to the annexation of the aforesaid land to the District under the conditions set forth in Exhibit B which is attached hereto and incorporated herein for all purposes . VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the aforesaid land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit B to this petition. IX. The District estimates that the cost of extending the District' s facilities to serve the area sought to be annexed will be approximately $850 , 000 . WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland give its written consent to the annexation of the aforesaid land to the District. RESPECTFULLY SUBMITTED the 7th day of December, 1983 . HOMECRAFT LAND DEVELOPMENT, BRAZORIA COUNTY MUNICIPAL INC. UTILITY DISTRICT NO. 5 //-//// By: By: Charles D. Lihdsay President, Board of Directors Region President Jon Q-'e% sW stee I - TT -2- Aft AW 22g121 F?ZcDJEC PETITION OR CONSEAP TO ANNEX LAND 7 TO A MUNICIPAL UTILITY DISTRICT cm(OF WAND THE STATE OF TEXAS § `�.,_ COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, Brazoria County Municipal Utility District No. 5, Homecraft Land Development, Inc. , and Jon G. Hawk, Trustee, acting pursuant to the provisions of Chapter 54 , Texas Water Code, respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by said District of the land described in Exhibit A hereto. In support of this petition, the undersigned would show the following: I . Brazoria County Municipal Utility District No. 5 , of Brazoria County, Texas (the "District") , is a municipal utility district duly created and operating under the laws of the State of Texas, particularly Chapter 54 , Texas Water Code. II. Jon G. Hawk, Trustee, holds fee-simple title to the land sought to be annexed to the District and owns a majority in value of such land as such value is indicated by the tax rolls of Brazoria County, Texas. Homecraft Land Development, Inc. has entered into a contract to purchase all of said land and proposes to develop same for residential purposes. III. The land sought to be annexed to the District comprises one tract, containing 34. 6923 acres, more or less, situated wholly in Brazoria County, Texas. No part of said tract is within the limits of any incorporated city, town, or village, and no part of said tract is within the extraterritorial jurisdiction (as such term is defined in Article 970a, Vernon' s Texas Civil Statutes) of any city, town, or village except the City of Pearland, Texas. All of the land proposed to be annexed may properly be annexed to the District. IV. The land sought to be annexed to the District is described by metes and bounds in Exhibit A, which is attached hereto and incorporated herein for all purposes. V. The general nature of the work to be done in the area sought to be annexed to the District is the construction, acquisition, maintenance, and operation of a water and sanitary sewer system for residential purposes , and the Aft Alb. construction, acquisition, maintenance, and operation of a drainage system to gather, conduct, divert, and control local storm water or other local harmful excesses of water. VI. There is, for the following reasons, a necessity for the above-described work. The area proposed to be annexed to the District is in close proximity to populous and developed sections of Brazoria County, and within the near future will experience a substantial and substained residential growth. There is not now available within the area sought to be annexed to the District an adequate water, sanitary sewer, or drainage system, and the health and welfare of the present and future inhabitants of the area and of territories adjacent thereto require the construc- tion, acquisition, maintenance , and operation of such systems. Therefore, a public necessity exists for the annexation of the aforementioned land to the District to provide for the construction, acquisition, maintenance, and operation of water, sanitary sewer, and drainage systems, so as to promote the purity and sanitary condition of the State' s waters and the public health and welfare of the community. VII. The undersigned request consent to the annexation of the aforesaid land to the District under the conditions set forth in Exhibit B which is attached hereto and incorporated herein for all purposes . VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the aforesaid land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit B to this petition. IX. The District estimates that the cost of extending the District' s facilities to serve the area sought to be annexed will be approximately $850 , 000 . WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland give its written consent to the annexation of the aforesaid land to the District. RESPECTFULLY SUBMITTED the 7th day of December, 1983 . HOMECRAFT LAND DEVELOPMENT, BRAZORIA OUNTY MUNICIPAL INC. UTILITY D STRICT 5 By: //6 .7 By: Charles D. Li dsay � P esident, oard of Directors Region President n stee -2- THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on the 7th day of December, 1983 , by Fred L. Davis as President of the Board of Directors of Brazoria County Municipal Utility District No. 5 , on behalf of said district. No ar ublic, State of Texas (SEAL) THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on the 7th day of December , 1983 , by Charles D. Lindsay as Region President of Homecraft Land Development, Inc. , a Texas corporation, on behalf of said c rporation. otary Publi , St to of Texas /W y (?o.M,44/5s/o� x'i4c3 l'//07 (SEAL) THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on the 7th day of December , 1983 , by Jon G. Hawke trustee. f■e.r Notary Public, State of Texas (SEAL) liNOA PERERO streNy OWN�1"'�`"' THE FISHER CO., INC. 4009 DUNLAVY P.O. Box 13429 HOUSTON, TEXAS 7721 9 713/528-4118 Flamm A November 25, 1983 [1 DESCRIPTION BEING 34.6923 acres of land located in the F. B. Drake Survey (Section 20) , Abstract No. 506, Brazoria County, Texas, and being the south portion of Lot 2 and all of Lots 3, 4 and 5, Allison-Richey Gulf Coast Home Company Subdivision, Part of Suburban Gardens per map of plat thereof recorded in Volume 2, Page 24 of the Map Records of Brazoria, County, Texas said 34.6923 acres of land also being comprised of the following tracts of land conveyed to Jon G. Hawk, Trustee 1 .) South portion of said Lot 2, Volume 1604, Page 955, 2.) said Lot 3 and the north portion of said Lot 4, Volume 1429, Page 826, 3.) the south portion of Lot 4, Volume 1434, Page 405, Volume 1434, Page 407 and Volume 1434, Page 410 and 4.) said Lot 5, Volume 1304, Page 779, said 34.6923 acres of land being more particularly described by metes and bounds as follows: COMMENCING at the most southerly southeast corner of that certain 1023.9375 acre tract of land convey to U. S. Home Corporation by deed recorded in Volume 1425, Page 630 of the Deed Records of Brazoria County, Texas; THENCE North 00 deg. 26 min. 27 sec. West, along the east line of said 1023.9375 acre tract same being the west line of said Allison-Richey Gulf Coast Home Company Subdivision same being the east line of another Allison-Richey Gulf Coast Home Company Subdivision per map or plat thereof recorded in Volume 2, Page 107 of the Map Records of Brazoria County, Texas, at 19.95 feet and left 20.00 feet pass a 5/8 inch iron rod with aluminum cap stamped "T-3" found marking the southeast corner of Lot 40 of last said Allison-Richey Gulf Coast Home Company Subdivision, continuing the same course a total distance of 827.02 feet to a 1/2 inch iron set for the southwest corner and PLACE OF BEGINNING of the herein described tract same being the southwest corner of said Lot 5; THENCE North 00 deg. 26 min. 27 sec. West, along the common line between said Allison-Richey Gulf Coast Home Company Subdivisions same being the east line of said 1023.9375 acre tract, at 1052.43 feet and left 7.32 feet pass a 5/8 inch iron rod, at 1575.99 feet and right 52.65 feet pass a 5/8 inch iron rod, continuing the same course a total distance of 1834.09 feet to a 1/2 inch iron rod set for the northwest corner of the herein described tract from which a 1/2 inch iron rod found bears North 61 deg. 12. min. 18 sec. West-8.55 feet; THENCE North 89 deg. 33 min. 33 sec. East, a distance of 823.19 feet to a 1/2 inch iron rod found for the northeast corner of the herein described tract in the common line between said Lots 2 and 17; THENCE South 00 deg. 29 min. 17 sec. East, along the east line of said Lots 2, 3, 4 and 5 same being the west line of Lots 17, 18, 19 and 20, at 260.56 feet and left 1 .09 feet pass a 1 1/4 inch galvanized iron pipe, at 262.59 feet and left 0.44 feet pass a 1/2 inch iron rod, at 815.70 feet pass 1/2 inch iron rod on line, at 1310.17 feet and left 0.34 feet pass 1/2 inch iron rod, continuing the same course a total distance of 1834.09 feet to a 1/2 inch iron rod found for the southeast corner of the herein described tract same being the common corner of Lots 5, 6, 20 and 21 ; THENCE South 89 deg. 33 min. 33 sec. West, along the common line between Lots 5 and 6, a distance of 824.17 feet to the PLACE OF BEGINNING and containing 34.6923 acres of land. ELS/sbn obert A. Marlow Registered Public Surveyor o. 4218 • !XH1T R _ A • Bonds : Sends may ' for thebe issued by the district purchasing only or coast=purpose c' - and ccnst=uct: ng , o: Purchasing �c zinc , or under ccnt'- with theL ` c_- otnerwise acquiring � acc ;�_ `Z City of P ea.r' and, or waterworks syste:�s sani:ary systems , sewage treatmentfacilities , -� steer a`-•� _ storm sewer yo and drainage facilities , ofsys ��;�s or parts such systems or `acili- ties , and to make any and all necessary purchases, construc- tion , improvements , extensions ,nsions , additions and repairs thereto, and to purchase or acquire cqu_re all necessary lands , right-of-way easements , sites , equipment, buildings ,; nas , 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 bonds . shall the district , All district hall expressly provide that the district shall reserve the right to redeem said bonds on any interest payment date subsequent to the tent' issuance e ( 10th) anniversary niversarof the date of a premium not to exceed two and one-half 1 percent of par value reducing one-half ( 1/2 ) of of par value each thereafter to one pe_cent ,� year thereafter par value. Bonds ( other er 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 ninety-five less than ( 95 ) percent of par, provided the net effective interest rate on bonds so sold, taking nt an discount or premium as well as the interest rateuborneyb such bonds , shall not exceed two ( 2 ) percent above the y highest average interest rate reported by the Buyer" in its weekly " 20 Bond Index" duringthe Dt'tir Bond periodperiod next preceding the date of notice of sale of. 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. 3 .- 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 clans 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 specification n 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 Page 1 of 3 City n toting Lilo date that such construction will be commenced. :'he 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 , t'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 inspec- tion 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 aproved by the City, which shall include evidence of the financial condition of the bidders . Bid bonds, payment bonds, perform- ance 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 Page 2 of 3 tiavor that to the best st of his knowledge and belief the district is in compliance with t' of the . Mayor addressed the �-s resolution , and a letter add_ d to approving the formof Attorney Genreal of Texas 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 ue given wi a reasonable time upon request. g T thin 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 authoriza- tion , the maturity schedule of each provisions to be contained in suchinstallment, the optional delivery of the district bonds . However, the he dic the sale sand habe under .no obligation to obtain or comply with City reconll mendations 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 faciliLies ; 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 desposit. 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. Page 3 of 3 ..EfLiAorar.3...1-41.43"...7WA aaiAriI:3347,7,74. artfritj'et•73.ICA'AI,..r7,3";•7.Ja.43•07,..tratietita33t1A3.3.3"47*13173;1•333,J.,C434, .C.7.13.77.377,74taatarc.933:VaCCOVi.i7A",,III,,,,c3iCati..JA ti r.7•••• •AAA acii.;AnItAlaaJAC.I.C.,CoOAVA:•3•7141_77AraVIAG54,2,74-„GrAIGAgarra.-Oal•flarZiGIM3,',G...coor.... Ora,. rrA.O.cc•Jaiirr: ti • dVIN Acit\inoe 13181S la BRAZOR1A COUNTY M.U.D. 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