Ord. 1480 2013-05-13ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 28 OF 9.779 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 28 ("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. 1055
dated March 11, 2002; 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 Annex Land into Brazoria County
Municipal Utility District No. 28 (the "Petition") 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 9.779 acres described in the Petition and
the exhibits attached hereto, into the District conditioned upon the terms set forth in
Ordinance No. 1055.
Section 4. 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.
ORDINANCE NO.1480
PASSED and APPROVED on FIRST READING this the 13th day of May, A. D.,
2013.
ATTEST:
1 h.C•� 4�
MA E. RODRIGUEZ
DEPU YT CITY SECRETARY
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the 13th day of
May, A. D., 2013.
ATTEST:
MA IA E. RODRIGUE
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
Gt
Ordinance No. 1480
Exhitit "A"
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
28 (the "District"), and SHS PARTNERS, LTD., a Texas limited partnership (the
"Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code,
particularly Section 49.301 of that Code, together with all amendments and additions
thereto, respectfully petitions the City Council of the City of Pearland, Texas (the
"City"), for its written consent to the annexation by the District of the 9.779 acres of land
described by metes and bounds in Exhibit A (the "Land"), which is attached hereto and
incorporated herein for all purposes. In support of this petition, the undersigned would
show the following:
I.
The District is a municipal utility district duly created under the laws of the State
of Texas on February 27, 2003. The District was created and organized under the terms
and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed
by the provisions of Chapters 49 and 54, Texas Water Code.
II.
The Petitioner holds fee simple title to the Land, as indicated by the certificate of
ownership provided by the Harris County Appraisal District. The Petitioner represents
that there are no lienholders on the Land.
The Land is situated wholly within Harris County, Texas. All of the Land is
within the corporate limits of the City. All of the Land may properly be annexed into
the District.
IV.
The general nature of the work to be done within the Land is the construction,
acquisition, maintenance and operation of a waterworks and sanitary sewer system,
and a drainage and storm sewer system.
428036.2
V.
There is, for the following reasons, a necessity for the above-described work. The
Land, which will be developed for commercial and/ or residential purposes, is urban in
nature, is within the growing environs of the City, is in close proximity to populous and
developed sections of Harris and Brazoria Counties, and within the immediate future
will experience a substantial and sustained residential and commercial growth. There is
not now available within the Land an adequate waterworks and sanitary sewer system
nor an adequate drainage system, and it is not presently economically feasible for the
Land to provide for such systems itself. Because the health and welfare of the present
and future inhabitants of the Land and of lands adjacent thereto require the
construction, acquisition, maintenance and operation of an adequate waterworks and
sanitary sewer system and a drainage and storm sewer system, a public necessity exists
for the annexation of the Land into the District, to provide for the purchase,
construction, extension, improvement, maintenance and operation of such waterworks
and sanitary sewer system and such drainage and storm sewer system, so as to promote
the purity and sanitary condition of the State's waters and the public health and welfare
of the community.
VI.
The undersigned estimate, from such information as they have at this time, that
the cost of extending the District's facilities to serve the Land is approximately
$724,100.00.
VII.
The owner of the Land (at the time the Land is annexed into the District) and the
District agree and hereby covenant that if the requested consent to the annexation of the
Land to the District is given, and the Land is annexed into the District, such owner and
the District will adopt and abide by the conditions set forth in Exhibit B, attached
hereto and incorporated herein for all purposes.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City give its written consent to the annexation of the
Land into the District.
'EXECUTION PAGES FOLLOW]
428036_2
RESPECTFULLY SUBMITTED on the / 7 day of d 2013.
ATTEST:
By:
Name: Sqc. own i a /t c. -/G S
Title: tel- e.c.rG4" '�
THE STATE OF TEXAS
COUNTY OF
§
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 28
By:
Name: C1 cry 1elp (r
Title: KPQkj ek
(SEAL)
d
This instrument was acknowledged before me on the day of °i
2013, by ce r► as `/P and
..e i' • s_, as a Ae_ of the Board of Directors of BRAZORIA
COUNTY MUNICIPAL UTILITY DISTR :r ` NO. 28, a political subdivision of the State
of Texas, on behalf of said political subdivision.
Notary Public, State of Texas
(NOTARY SEAL)
THE STATE OF TEXAS
COUNTY OF Ali/ S
SHS PARTNERS, LTD., a Texas limited partnership
13y: SHS Land Company, LLC, a Texas
limited liability company, its General
Partner
By: RPDC, Inc., a Texas corporation,
its Manager
Title:
ete65,606\3
This instrument was acknowledged be ore nne on e / clay of r"> l
2013, by Lo/r7 .,ir; ke'y ,ae--- of DC, Inc.,
a Texas corporation, as Manager of SI -IS Land Company, LLC, a Texas limited liability
company, General Partner of SHS PARTNERS, LTD., a Texas limited partnership, on
behalf of said corporation, said limited liability company, and said limited partnership.
ERIK W, HAMAND
Notary Public, State of Texas
ib My Commission Expires
November 26, 2014
(NOTARY SEAL)
Attachments:
Exhibit A: Description of the Land
Exhibit 13: Conditions of City
428036_2
Notary Public, State of exas
D.R.O. DEVELOPMENT, LLC, a Texas limited liability company, ("D.R.O."), as
the earnest money contract holder to purchase the Land, desires to be considered a
petitioner with Petitioner for consent to annex the Land into the District.
IN WITNESS WHEREOF, D.R.O. has executed this Petition as of the date and
year set forth herein.
D.R.O. DEVELOPMENT, LLC, a Texas
limited liability company
6( (22101 -4. ----
Danny Olson, Sole Member
THE STATE OFC. 111` O C f 14,,
COUNTY OF Sof) 60)(118tidl j
This instrument was acknowledged before me on P P( , 2013 by
Danny Olson, Sole Member of D.R.O. DEVELOPMENT, LLC, a Texas limited liability
company, on behalf of said limited Iiability company.
(NOTARY SEAL)
STEVEN KHOURI
RI
Commission # 1978704
Notary Public - California 'z
San Bernardino County
MM Comm. Expires May 19. 2016
Notary Public, State of Gott , 1'dr-71 �'�