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A U.S.��HOME CORPORATION COMMUNITYOF 1024 AC.
BERNAFC) JOHNSON, PC. - ENGINEER
VERNON G. HENRY & ASSOCIATES. INC.
PLANNING CONSULTANTS & ARCHITECTS -
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BRAZORIA COUNTY M.U.D. Pt' 4 9 5
DEVELOPMENT PLAN
Resolution No. R83-37
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 of 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 ~.~ day of ~ 1983.
CITY OF PEARLAND. TEXA~
ATTEST:
'--'12±ty Secretariat-- -
(SEAL)
-2-
PETITION FCR 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 , of Brazoria County , Texas , Homecraft Land
Development , Inc. , Carolyn Wenglar , Frank G. Wenglar,
Warren W. Trousdale , and John F. Trousdale , 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 .
Carolyn Wenglar, Frank G. Wenglar, Warren W. Trousdale ,
and John F . Trousdale hold fee-simple title to the land
sought to be annexed to the District, and collectively own 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 42. 51903 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 waterworks 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 giowth. There is not now available within the
area sought to be annexed to the District an adequate
waterworks , 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
construction , 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 waterworks , 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 incorpo-
rated 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 $1 , 000 , 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 234 day of August, 1983 .
HOMECRAFT LAND DEVELOPMENT, BRAZORIA COUNTY MUNICIPAL
INC. UTILIT ISTRICT 5
1:)
BY aadfAIVACL#LABy
Title (1.9),9„, Pre ident , Board of Directors
-2-
)7/;,-yZi-1,, -<-47. ' 4.--6-71--AL'-- ,,. "-; HA/."---K-14-
Carolyn 'brig ar Frank C. Wenglar ,
6 ,,,,,,„, it. ,_. -,,,,,_. -
4 „L„...4.,... _
Warren W. Trousdale o n F. Trousdale
-3-
EXHIBIT
August 3 , 1933
DESCRIPTION
Being 42.51903 acres of land located in the H. B. Drake Survey
(South One-Haif of Section 2) , Abstract No. 510 and the H. T. &
B. R.R. Company Survey (Section 1) , Abstract Mo. 310 , Brazoria
County, Texas, and being all of Lots 8 and 9 and a portion of
Lots 7 and 20 of the Allison-Richey Gulf Coast Home Company
Subdivision (part of Suburban Gardens) per map or plat thereof
recorded in Volume 2, Page 107 of the Map Records of Brazoria
County, Texas, said 42.51903 acre tract being all of that certain
20 acre tract conveyed to Carolyn Wenglar per instrument recorded
in Volume 947, Page 783 of the Deed Records of Brazoria County,
Texas, and all of that certain 2.5 acre tract conveyed to Carolyn
'ienglar per instrument recorded in Volume 1120, Page 853 of the
Deed Records of Brazoria County, Texas, said 42.51903 acre tract
of land being more particularly described by metes and bounds as
follows:
CO:iNENCING at the intersection of the centerline of County Road
No. 403 , based on a width of 40 feet, with the east line of said
H. T. & 3. R.R. Company Survey for the southerly southeast corner
of that certain 1022.294 acre tract as conveyed to U. S. Home
Corporation per instrument recorded in Volume 1425, Page 650 of
the Deed Records of Brazoria County, Texas;
THENCE South 89 deg. 25 min. 08 sec. West, along and with the
centerline of said County Road No. 403, same being a south line
of the said 1022.294 acre tract, a distance of 2029.69 feet to
the southeast corner of the said 2.5 acre tract and the southwest
corner and PLACE OF BEGINNING of the herein described tract;
THENCE South 39 deg. 25 min. 21 sec. West, continuing along and
with the centerline of said County Road No. 403 , a distance of
1492.80 feet to a southwest corner of the said 20 acre tract as
per Volume 947, Page 783 for an angle point of 1 he herein
described tract;
THENCE North 00 deg. 36 min. 07 sec. chest, a distance of 1331.36
feet to a 3/4 inch iron rod found for an interior corner of the
said 1022.86 acre tract, the northwest corner of the said 20 acre
tract per Volume 947, Page 783 and the northwest corner of the
herein described tract;
THENCE North 89 deg. 23 min. 40 sec. East, along a chain link
fence, a distance of 1308.40 feet to a 3/4 inch iron rod set in
the center of a drainage ditch, same being the common line
between Lots 7 and 18 of said Allison-Richey Gulf Coast Home Co.
Subdivision and an interior corner of the said 1022. 294 acre
tract, same being the northeast corner of the aforesaid 20 acre
.:ract per Volume 947, Page 785 and the most northerly northeast
corner of the herein described tract;
THENCE South 00 deg. 35 min. 23 sec. mast, a distance of 739.35
feet to a point for the common corner of Lot 8 , 9, 19 and 20 of
the aforesaid '2.5 acre tract and an interior corner of . the herein
described tract;
.r,.i.. .NYC.
772
DESCRIPTION...page 2
THENCE North 89 deg. 25 min. 53 sec. East, along and with the
colamon line between said Lots 19 and 20, a distance of 133.87
feet to a 5/8 inch iron rod with aluminum cap stamped "T-5" found
for the northeast corner of the said 2.5 acre tract and the
northeast corner of the herein described tract;
THENCE South 00 deg. 40 min. 09 sec. East, at 573.11 feet pass a
5/8 inch iron rod with aluminum cap stamped "T-4" found in the
north right-of-way line of the said County Road No. 403 ,
continuing the same course a total distance of 593.11 feet to the
PLACE OF 3EGIiNING and containing 42.51903 acres of land.
CSD/lf
E. L. Smier , Jr.
Registered Public Surveyor Mo. 1949
EXELSiT
A. Bonds : Bonds may be issued by the district only
for the purpose of purchasing and or constructing , or under contractcwithrtheiCi City
purchasing
or otherwise acquiring L '" Pearland,
oysoths ,otherwise
sewage treatmenti ng waterworks syst..ms , sanitary sewer
facilities storm sewer systems
and drainage facilities , orparts '
anes of such systems or facili-
ties , to make any and all necessary purchases construc-
tion , improvements , extensions , '
�ons , additions and repairs thereto ,
and to purchase or acquire all necessary lands easements, sites , equipment, buildings , rcants
p strut of
and facilities therefor, and to , structures
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 rrovide 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 ( 2-1/2 )
percent of par value reducing
ne
of par value each year thereafter tol par f lvalue./2 ) of oBondsrcent
(other than refunding i)onds and bonds sold. to a federal or
state agency) shall be sold only after the. taking of
pu
bids therefor, and no bonds shall be sold for less thanblic
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.
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 repre.'entative 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 ica tionn 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 at ling the 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
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 bones , the district shall secure a letter of the
!•Iayor 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 Genreal of Texas
approving the form of the resolution or order of the hoard
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 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 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.