Ord. 1015 10-08-01ORDINANCE NO. 1015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 294.2651
ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 17 (the "District") is located
within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Ordinance No. 859
dated August 10, 1998; and
WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no
land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall
be included within a municipal utility district unless such city grants its written consent, by
resolution or ordinance, to the inclusion ofthe land within the district; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. All of the matters and facts set forth in the preamble hereof are true
and correct.
Section 2. The "Petitions for Consent to Include Additional Land in the City of
Pearland and in Brazoria County Municipal Utility District No. 17" (the "Petitions") are
attached hereto as Exhibit "A" and made a part hereof for all purposes.
Section 3. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of approximately 294.2651 acres described in
the Petitions and the exhibits attached hereto, into the District conditioned upon the terms
set forth in Ordinance No. 859 and Chapter 30, Article IV, Water and Sewer Districts, of the
City of Pearland Code of Ordinances.
Section 4. Thi Ordinanceshatl take effect immediatelyfrom and after its passage
in accordance with the provisions of the Charter of the City of Pearland and it is accordingly
so resolved.
1
ORDINANCE NO. 1015
PASSED and APPROVED ON FIRST READING this the
October , A. D., 2001.
ATTEST:
8
day of
PASSED and APPROVED ON SECOND AND FINAL READING this the 22 day
of October , A. D., 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
City of Pearland
In -City MUD Application Checklist
Brazoria County Municipal Utility District No. 17
Date: September 26, 2001
Attach this sheet as a cover to the completed information and check each box.
EFully completed City of Pearland In -City MUD Data Form.
UC-isting Subdivisions Form.
Pr osed Subdivisions Form.
�//xisting Non -Residential Businesses Form.
IJPr posed Non -Residential Businesses Form.
Anticipated Future Annexations Form.
Vicinity map of the entire City on a 24 x 36 sheet clearly showing location of the existing in -
city MUD (if applicable) and the proposed annexation tract(s) — 12 copies. Show the existing
and proposed zoning (if different)for each existing MUD tract and each proposed tract to be
annexed.
Detailed map of each tract (1"=200' scale) — 12 copies, and an AutoCAD drawing file
(.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83).
Fully completed and signed annexation petitions with metes and bounds boundary
descriptions for all tracts —12 copies.
Consent by the City of Pearland for in -city MUD creations and annexations into existing in -city
MUDs is not final until the adoption on second reading of the creation/annexation ordinance. The
annexation/creation ordinance will only be considered simultaneously with the first and second
readings of the zoning ordinance, if required, for the property under consideration. The applicant is
advised to examine the schedule requirements for the zoning process to ensure timely consideration
of this application.
Due to changes in market conditions and other variables, neither the MUD nor the developer(s)
guarantee any of the projections or estimates provided in this Application.
[Execution Pages Follow]
Developer (as to his/her tract(s) only):
2
Developer (as to his/her tract(s) only):
Kimb - y G. Durrett
3
Developer (as to his/her tract(s) only):
Thomas Amdndse
4
Developer (as to his/her tract(s) only):
Maryfield Limited,
a Texas limited partnershi
By:
Amerifirst Corporation,
a Texas corporation
its general partner
By: Clinton F. Wong
President
5
Developer (as to his/her tract(s) only):
FM 51West,d.,
a Texas limited partnership
By: GKF Holdings, L.L.C.,
a Texas limited liability company
its general partner
By: Gary K. Ferguson
Member
6
Developer (as to his/her tract(s) only):
Sunlake Limited,
a Texas limited partnership
By: Amerifirst Corporation,
a Texas corporation,
its general partner
By: Clinton F. Wong
President
7
Developer (as to his/her tract(s) only):
a Texas limited liability company
By: Gary Ferguson
Member
8
Developer (as to his/her tract(s) only):
Oakbrook Estates, Ltd.,
a Texas limited partnership
By: Greatmark International, Inc.,
a Texas corporation
its general partner
By: Clinton F. Wong
President
9
Developer (as to his/her tract(s) only):
ae,aa
Charles W. Kennedy, Jr., Trus
10
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1
2
City of Pearland
In -City MUD Data Form
Brazoria County MUD No. 17
Date: September 26, 2001
General Information
Proposed Zoning Classification (also show on map)
Projected Date of Completion of All Homes/Businesses
Existing Proposed
MUD Tract(s)
R-3,R-4,C
Jan 2004
Existing
MUD
R-3, R-4, C, M 1, R-2(P U D)
Jan 2007
Proposed
Tract(s)
Total
3
Total Acreage
293.4011
294.2651
587.6661
4
Currently Platted Residential Acreage (including road rights of way)
227.7039
0
227.7039
5
Currently Platted Commercial Acreage (including road rights of way)
11.5292
0
11.5292
6
Currently Undeveloped Acreage
47.3678
282.2651
329.6329
7
Projected Undeveloped Acreage to be Platted Residential
26.4
211.8951
238.2951
8
Projected Undeveloped Acreage to be Platted Commercial
20.9678
70.37
91.3378
9
Current and Projected Detention & Transmission Utility Easements (acres)
5.45
10
15.45
10
All Other Acreage (Landscaping Reserves, Parks, etc)
1.3502
2
3.3502
Note Lines 7 and 8 should total to Line 6.
Lines 4, 5, 6, 9, and 10 should total to Line 3. Line 3 should equal the total acreage in the MUD or the Proposed Tracts.
Existing
MUD
Proposed
Tract(s)
Total
11
Total Existing and Planned Residential Lots
822
726
1548
12
Number of Currently Completed/Occupied Homes
500
0
500
13
Number of Currently Completed Lots
72
0
72
14
Number of Lots Under Construction
133
0
133
15
Number of Future Lots
117
726
843
Note Lines 12,13,14, and 15 should total to Line 11
Existing
MUD
Proposed
Tract(s)
Total
16
Most Recent BCAD Valuation (Date: January 1, 2001)
$ 34,433,800
$ 3,232,030
$ 37,665,830
17
Projected Total Valuation at Build Out Date
$ 144,100,000
$ 178,000,000
$ 322,100,000
18
Projected Residential Valuation at Build Out
$ 133,700,000
$ 138,000,000
$ 271,700,000
19
Projected Commercial Valuation at Build Out
$ 10,400,000
$ 40,000,000
$ 50,400,000
20
Estimated Average Home Value (Date: January 1, 2001)
$ 149,375
NA
$ 149,375
21
Estimated Average Home Value - at Build Out
$ 160,000
$ 180,000
$ 170,000
Note Lines 18 and 19 should total to Line 17
Existing
Proposed
Tracts)
Total
22
Pre-Dev Gen Fund Taxes @ $.686/$100 (oateJan 1999 Exist lan 2001 Proposed Annex)
$ 15,284
$ 22,172
$ 37,456
23
Most Recent Year City Property Taxes @ $.686/$100
$ 236,216
$ 22,172
$ 258,388
24
Projected City Property Taxes @ $.686/$100 at Build Out
$ 988,526
$ 1,221,080
$ 2,209,606
25
Most Recent Year MUD Rebate Amount
$ 51,651
$ -
$ 51,651
26
Projected MUD Rebate Amount at Build Out
$ 216,150
$ 267,000
$ 483,150
Existing
Proposed
Tract(s)
Total
27
Approx. Net Density at Build Out- Homes/Acre (Line 11/(3.9))
$ 2.85
$ 2.55
$ 2.71
28
Net Annual Revenue to City - Current Estimate (Line 23-25-22)
$ 169,281.17
$ -
$ 169,281.17
29
Net Annual Revenue to City - Build Out Estimate (Line 24-26-22)
$ 757,092.00
$ 931,908.27
$ 1,689,000.27
September 26, 2001
1
City of Pearland
In -City MUD Data Form
Brazoria County MUD No. 17
Date: September 26, 2001
Existing Subdivisions Within Existing MUD
Subdivision Name
Area (Acres)
Projected
Lots
Percent
Complete
Tract 1
a. Sunrise Lake Section One
60.4391
145
100%
b. Sunrise Lake Section Two (Platted 31.08 Ac.only 26.75 Ac in District)
31.08
111
100%
c. Sunrise Lake Section Three
19
71
100%
Tract 2
a. Parks at Walnut Bend Section One (Under Construction)
53.9
133
0%
b. Parks at Walnut Bend Section Two (Future)
26.4
117
0%
Tract 3
a. River Mist Section One
38.5069
122
100%
b. River Mist Section Two
29.1009
123
100%
Total
258.4269
822
September 26, 2001 2
City of Pearland
In -City MUD Data Form
Brazoria County MUD No. 17
Date: September 26, 2001
Proposed Subdivisions Within Annexation Request
Subdivision Name
Area (Acres)
Projected
Lots
Percent
Complete
Tract 6 and 8
Sunrise Lake Section 4
34.94
142
0%
Sunrise Lake Section 5
33.64
103
0%
Sunrise Lake Section 6
29.49
91
0%
Tract 10
Oakbrook Estates Section 5
28.021
101
0%
Oakbrook Estates Section 6
28.889
104
0%
Tract 9
Enclave at Pearland (Tract 9 on FM 1128 at CR 91)
56.91
185
0%
Total
211.89
726
0%
September 26, 2001 3
City of Pearland
In -City MUD Data Form
Brazoria County MUD No. 17
Date: September 26, 2001
Existing Non -Residential Businesses Within Existing MUD
Business Name
Type of Business
WC Properties Office Warehouse (11.52 Acre adjacent to Sunrise Lake )
a. Monach Paint Company
Office Warehouse
Commercial Paint
September 26, 2001 4
City of Pearland
In -City MUD Data Form
Brazoria County MUD No. 17
Date: September 26, 2001
Proposed Non -Residential Businesses Within Annexation Request
Business Name
Tract 4 - 23.53 Acres
Tract 5 - 4.9902 Acres
Tract 7-19.0124
Tract 11 - 33.91
Type of Business
Unknown at this time
Light Industrial
Unknown at this time
Unknown at this time
September 26, 2001 5
Vinson&Elkins
ATTORNEYS AT LAW
VINSON&ELKINS L.L.P.
2300 FIRST CITY TOWER
1001 FANNIN STREET
HOUSTON,TEXAS 77002-6760
Writer's Phone:713-758-4510 E-mail:ccampbell@velaw.com
TELEPHONE(713)758-2222
Writer's Fax:713-615-5518 Web:www.velaw.com
FAX(713)758-2346
July 3, 2001
VIA MESSENGER
Ms. Melinda Welsh
Assistant City Secretary
City Secretary's Office, 3rd Floor
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Brazoria County Municipal Utility District No. 17 (the "District")
Annexation of 294.2651-acres of land(the"Tracts")
Dear Ms. Welsh:
In connection with the annexation of the Tracts into Brazoria County Municipal Utility
District No. 17,please find enclosed the following documents:
1. One(1)original of the Petition for Consent to Annex Land into the above referenced
District for Ms. Kimberly Durrett, one (1) original Certificate of Lienholder's
Consent for Pearland State Bank, one (1) original Certificate of Authority for
Lienholder's Consent for Pearland State Bank, one (1) original Certificate of
Lienholder's Consent for Financial Federal Credit, Inc., one (1)original Certificate
of Authority for Lienholder's Consent for Financial Federal Credit, Inc., one (1)
original Landowner's Certificate, and one (1) original Petition for Addition of
Certain Land into the above referenced District;
2. One(1)original of the Petition for Consent to Annex Land into the above referenced
District for Mr. Karl Kris Durrett, one (1) original Certificate of Lienholder's
Consent for Pearland State Bank, one (1) original Certificate of Authority for
Lienholder's Consent for Pearland State Bank, one (1) original Certificate of
Lienholder's Consent for First Community Bank, one (1) original Certificate of
Authority for Lienholder's Consent for First Community Bank, one (1) original
Landowner's Certificate, and one (1)original Petition for Addition of Certain Land
into the above referenced District;
3. One(1)original of the Petition for Consent to Annex Land into the above referenced
District for GKF Holdings, L.L.C., one (1) original Certificate of Lienholder's
HOUSTON AUSTIN BEIJING DALLAS LONDON MOSCOW NEW YORK SINGAPORE WASHINGTON.D.C.
Ms. Melinda Welsh
Page 2
July 3, 2001
Consent for Frost National Bank, one (1) original Certificate of Authority for
Lienholder's Consent for Frost National Bank, one (1) copy of the Certificate of
Corporate Resolution for GKF Holdings, L.L.C., one (1) original Landowner's
Certificate,and one(1)original Petition for Addition of Certain Land into the above
referenced District;
4. One (1) original Petition for Consent to Annex Land into the District for FM 518
West Limited, one (1) copy of the Certificate of Corporate Resolution for FM 518
West Limited,one(1)original Landowner's Certificate,and one(1)original Petition
for Addition of Certain Land into the above referenced District;
5. One(1)original Petition for Consent to Annex Land into the District for Charles W.
Kennedy, Jr., Trustee, one (1) original Landowner's Certificate, one (1) original
Certificate of Authority for Charles W. Kennedy, Jr., Trustee, and one (1) original
Petition for Addition of Certain Land into the above referenced District;
6. One (1) original Petition for Consent to Annex Land into the District for Tom A.
Amundsen,one(1)original Landowner's Certificate,and one(1)original Petition for
Addition of Certain Land into the District;
7. One (1) original Petition for Consent to Annex Land into the District for Sunlake,
Limited, one (1) original Certificate of Corporate Authority for Amerifirst
Corporation,one(1)original Landowner's Certificate,and one(1)original Petition
for Addition of Certain Land into the above referenced District;
8. One(1)original Petition for Consent to Annex Land into the District for Maryfield,
Limited, one (1) original Certificate of Lienholder's Consent for First Prosperity
Bank, one (1) original Certificate of Authority for First Prosperity Bank, one (1)
original Certificate of Corporate Authority for Amerifirst Corporation, one (1)
original Landowner's Certificate, and one (1) original Petition for Addition of
Certain Land into the above referenced District;
9. One(1) original Petition for Consent to Annex Land into the District for Oakbrook
Estates, Ltd., one (1) original Certificate of Corporate Authority for Greatmark
International, Inc., one (1) original Landowner's Certificate, and one (1) original
Petition for Addition of Certain Land into the above referenced District;
The District has examined the feasibility of the annexation of the Tracts and has concluded
that it is in the best interest of all parties to proceed with the annexation.
Ms. Melinda Welsh
Page 3
July 3, 2001
Should you have any questions or need additional information please call me at(713) 758-
2585.
Sincerely,
Alex E. Garcia
Attorney for the District
Enclosures
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