Ord. 1050 01-28-02ORDINANCE NO. 1050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 OF
ONE TRACT OF LAND TOTALING APPROXIMATELY 10.14 ACRES;
AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
DETERMINE THE BOUNDARIES OF MUNICIPAL UTILITY DISTRICTS
IN THE CITY'S EXTRATERRITORIAL JURISDICTION INURES TO THE
BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, Brazoria County Municipal Utility District No. 6 (the "District") is
located within the extraterritorial jurisdiction of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Resolution No.
86-7 dated February 10, 1986; 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 of the 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 "Petition for Consent to Include Additional Land in
Brazoria County Municipal Utility District No. 6" (the "Petition") relative to 10.14 acres of
land is 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 the 10.14 acres described in the Petition
and the exhibit attached hereto, into the District conditioned upon the terms set forth in
Ordinance No. 884 and Chapter 30, Article IV, Water and Sewer Districts, of the City of
Pearland Code of Ordinances.
ORDINANCE NO. 1050
Section 4. Declaration of Emergency. The Council finds and determines
that the need to determine the boundaries of municipal utility districts in the City's
extraterritorial jurisdiction inures to the benefit of the public and, therefore, bears directly
upon the health, safety and welfare of the citizenry; and that this Ordinance shall be
adopted as an emergency measure, and that the rule requiring this Ordinance to be
read on two (2) separate occasions be, and the same is hereby waived.
Section 5. This Ordinance 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 on First and Only Reading this the 28 day of
January , A. D., 2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
NGHIEM V. DOAN
ASSISTANT CITY ATTORNEY
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF PEARLAND:
CHARLENE E. MONTGOMERY, being the holder of title to a
majority in value of the land hereinafter described, as such
values are indicated by the tax rolls of Brazoria County, Texas,
("Landowner"), ARGOVITZ INTERESTS, LTD., being the contract
purchaser of the land hereinafter described ("Contract
Purchaser"), and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
("District") (Landowner, Contract Purchaser and District
hereinafter collectively called "Petitioner"), acting pursuant to
the provisions of Section 54.016, Texas Water Code, respectfully
petition for consent to include additional land in a municipal
utility district. In support of this petition, Petitioner shows
as follows:
I.
The District, to which the land hereinafter described is
sought to be annexed, exists under the terms and provisions of
Article XVI, Section 59 of the Constitution of Texas and Chapters
49 and 54, Texas Water Code, as amended and was created by order
of the Texas Water Commission (predecessor to the Texas Natural
Resource Conservation Commission) dated April 1, 1987. Landowner
is the sole owner and holder of fee simple title to the land
sought to be annexed to the District, as indicated by the tax
rolls of the central appraisal district of Brazoria County,
Texas. Landowner represents and warrants that there are no
holders of liens against said land.
II.
The land sought to be added to the District contains
approximately 10.14 acres of land, more or less, and lies wholly
within Brazoria County, Texas. No part of said area is within
the limits of any incorporated city or town. Under the
provisions of Vernon's Texas Civil Statutes, Local Government
Code, Section 42.001 et seq., as amended, said area is within the
extraterritorial jurisdiction of the City of Pearland and is not
within such jurisdiction of any other city. All of the territory
to be annexed may properly be annexed to the District.
The land sought to be added to the area of the District is
described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein. for all purposes.
IV.
The general nature of the work proposed to be done in the
area sought to be annexed shall be the purchase, construction,
acquisition, repair, extension and improvement of land,
easements, works, improvements, facilities, plants, equipment and
appliances necessary to:
(1) provide a water supply for municipal, domestic and
commercial purposes;
(2) collect, transport, process, dispose of and
domestic, industrial or communal wastes whether in f
or composite state; and
(3) gather, conduct, divert and control local
or other harmful excesses of water in the area.
V.
control all
luid, solid
storm water
There is a necessity for the improvements above described
for the following reasons. The area of the District is urban in
nature, is within the growing environs of the City of Pearland,
and is in close proximity to populous and developed sections of
Brazoria County. The land sought to be added to the District is
not supplied with adequate water, sanitary sewer and drainage
facilities and services, nor is it presently economically
feasible for such facilities to be provided to said land. The
health and welfare of the present and future inhabitants of the
District, the land sought to be added to the District and of
territories adjacent thereto require the installation and
acquisition of an adequate water supply and sewage disposal
system and an adequate drainage system for and within the land
sought to be added to the District. A public necessity exists
for the addition of the aforesaid lands to the District in order
to provide for the purchase, construction, extension, improve-
ment, maintenance and operation of such waterworks and sanitary
sewer system and such drainage facilities, so as to promote and
protect the purity and sanitary condition of the State's waters
and the public health and welfare of the community.
VI.
Petitioner agrees and covenants to abide by the conditions
set forth in Exhibit "B", attached hereto and made a part hereof
-2-
for all purposes, until such time as said conditions may be
changed by City of Pearland ordinance or resolution, either
specific or general.
VII.
It is estimated by the Petitioner, from such information as
is available at this time, that the development contemplated
within the proposed area to be annexed will be approximately
$500,000.00.
WHEREFORE, Petitioner respectfully prays that this petition
be granted in all respects and that the City of Houston give its
consent to the annexation of the aforesaid land in said District.
Dated this the let11
day of $11 , 2002.
THE STATE OF TEXAS §
COUNTY OF §
T
day o
(S
MF
aCT
CHARLENE E. MONTG
PETITIONER
ment was acknowledged
2002, by CHARLENE E. MONTGOMERY.
AMYTHOMPSON
Notary Public
STATE OF TEXAS
My Comm. Exp. 5-17-2004
-3--
before me on
i and for
TEXAS
ARGOVITZ INTERESTS, LTD., a
Texas limited partnership
By:
By:
Jerry Argovitz,
General Partner
l2
Harry Agdovitz
General Partne
ga3
By:
Rose Argovitz
General Partner
CONTRACT PURCHASER/PETITIONER
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this
day of , 2002, by Jerry Argovitz, General Partner
of ARGOVITZ INTERESTS, INC., a Texas limited partnership, on
behalf of said limited partnership.
Notary Public in and for
The State of T E X A S
(SEAL)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
Thisjiistrument was acknowledged before me on this //
day of 3671l./C dL , 2002, by Harry Argovitz, General Partner
of ARGOVITZ INTERESTS, INC., a Texas limited partnership, on
behalf of said limited partnership.
(S
fJANE i; M LOWE
NOTARY PUBLIC
STATE OF TEXAS
' F-2004
Notary Public in and for
The State of T E X A S
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this
day of , 2002, by Rose Argovitz, General Partner
of ARGOVITZ INTERESTS, INC., a Texas limited partnership, on
behalf of said limited partnership.
(SEAL)
-5-
Notary Public in and for
The State of T E X A S
BRAZORIA COUNTY MUNICIPAL
ATTEST: UTILITY DISTRICT NO. 6
By: By:
Robert L. Earthman Steven M. Gilmore, President
Secretary Board of Directors
PETITIONER
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this
day of , 2002, by STEVEN M. GILMORE, President of the
Board of Directors of Brazoria County Municipal Utility District
No. 6, on behalf of said District.
(SEAL)
c f:0006 W N N EX- I O. I4ac
-6--
Notary Public in and for
The State of T E X A S
EXHIBIT "A"
Tract No. 7
10.14 Acres
STATE OF TEXAS
COUNTY OF BRAZORIA
§
H.T. & B.R.R. Co. Survey
Abstract No. 304
A METES & BOUNDS description of a certain 10.14 acre tract located in the H.T. & B.R.R.
Co. Survey, Abstract No. 304, Brazoria County, Texas, being all of a called 10.1418 acre
tract as recorded under Volume 88589, Page 195 of the Brazoria County Official Public
Records of Real Property; said 10.14 acre tract being more particularly described as follows
with all bearings being based on North 03°15'04" West, along the west line of said 10.1418
acre tract:
BEGINNING at a point in the centerline of County Road 94 (called 40-foot wide) marking
the southwest corner of said 10.1418 acre tract;
THENCE, North 03°15'04" West, 501.65 feet along the centerline of said County Road 94 to
a point marking the northwest corner of said 10.1418 acre tract;
THENCE, North 86°41'18" East, 880.90 feet to a point marking the northeast corner of said
10.1418 acre tract;
THENCE. South 03°17'45" East, 501.36 feet to the southeast corner of said 10.1418 acre
tract:
THENCE, South 86°40'10" West, 881.29 feet to the POINT OF BEGINNING, CONTAINING
10.14 acre tract of land located In Brazoria County, Texas.
DECEMBER 21, 2001
S U RV P RO J ECTS\0001-0499C L I EMn0464\059\ 10.144AC
EXHIBIT "B"
Petitioner requests consent for the inclusion of the aforesaid
lands in a municipal utility district under the following
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 (loth) anniversary
of the date of issuance at a premium not to exceed two and one-
half percent (2 1/2%) 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
percent (95%) 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 percent (2%) 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 notices 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 starting 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
2
the District's engineer. Monthly inspection reports shall be
furnished to the City. Except as provided by law, all
construction contracts shall be let on a competitive bidding
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 Natural Resource Conservation
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
to the effect that the District is in compliance with this
Article, and a letter of the Mayor addressed to the Attorney
General of Texas approving or objecting to the issuance of any
bonds of the District. Such letters of the Mayor shall be given
with 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 the 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
3
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
and No/100 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 the 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 and No/100 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 the
City's consent to the creation of a District shall be obligated
to guarantee the payments imposed upon a District as set forth in
the Subsection.
4
AFFIDAVIT
THE STATE OF TEXAS §
L- §
COUNTY OF c Tr u*1 1 §
ON THIS DAY PERSONALLY appeared before me, the undersigned
attesting person, CHARLENE E. MONTGOMERY, whose address is
3:Le 7 air&-�vUils�c s /; 7 i' ; "jG/ , who, being duly sworn
accorc.ing td law, depo.es and says as follows:
That with respect to that certain Petition for Consent to
Include Additional Land in the Brazoria County Municipal Utility
District No. 6 (the "District") to the Honorable Mayor and City
Council of the City of Pearland ("City"), a copy of which is
attached hereto as Exhibit "A", which requests the City to
approve annexing that certain 10.14 acre tract of land described
in said exhibit attached hereto, the undersigned hereby makes and
executes this Affidavit to acknowledge and confirm that she is
the owner of said 10.14 acre tract and that there are no holders
of liens against said property owned by her; and
That this Affidavit is made and delivered to the District
and the City and Affiant recognizes that the Board of Directors
of the District and the Mayor and City Council of the City will
rely on this Affidavit and the truth of the matters set forth
herein in the granting of their order or ordinance annexing or
approving the annexation of said tracts.
(c)(Itlinft
AMYIHOMPSON
Notary Public
STATE OF TEXAS
My Comm. Exp. 5-17-2004
CHARLENE E. MONTGOMERY r
subscribed to before me this
2002.
(SEAL)
I0
414 -
Notary 4. bl for
The State o Texas
day of
'-
ink
CITY LIMIT LINE J
Tam
OM SUBJECT PROPERTY
MIEN
�� Tract
op.
affi
LUS