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Ord. 1490 2013-08-26-Failed ORDINANCE NO. 1490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION OF APPROXIMATELY 10.400 ACRES BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22. WHEREAS, Brazoria County Municipal Utility District No. 22 (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. 2000-128 dated October 23, 2000; 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. 22" (the "Petition") relative to 10.400 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 10.400 acres described in the Petition and the exhibit attached hereto, into the District conditioned upon the terms set forth in Resolution No. 2000-128 and the fact that the property is located wholly in the extraterritorial jurisdiction of the City. 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. 1490 PASSED and APPROVED ON FIRST READING this the day of , A. D., 2013. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the day of , A. D., 2013. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 • • . • PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22 THE STATE OF TEXAS § # § i COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS: The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22 (the "District"), and MICHAEL D. COPLAND, TRUSTEE (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 petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit A (the "Land"). In support of this petition,the undersigned would show the following: The District is a municipal utility district created by the Texas Natural Resource Conservation Commission on June 18, 2001. The District is governed by the provisions of Chapters 49 and 54,Texas Water Code. II. The Petitioner holds fee simple title to the Land,sought to be annexed to the District,as indicated by the certificate of ownership provided by the Fort Bend Central Appraisal District. III. The Land is situated wholly within Fort Bend County, Texas. No part of the Land is within the limits of any incorporated city, town or village, and no part of the ff Land is within the extraterritorial jurisdiction (as such term is defined in Local Government Code Section 42.001 et sec,., as amended) of any city,town or village except the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. IV. The Land is described by metes and bounds in Exhibit A, which is attached hereto and incorporated herein for all purposes. 430149 4 l V. The general nature of the work to be done in the area sought to be annexed into the District is the construction, acquisition,maintenance and operation of a waterworks and sanitary sewer system, a drainage and storm sewer system, parks and recreational facilities,and fire-fighting facilities. VI. There is,for the following reasons,a necessity for the above-described work. The proposed Land to be annexed into the District,which will be developed for commercial and/or residential purposes, is urban in nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the area sought to be annexed to the District an adequate waterworks and sanitary sewer system, drainage and storm system, parks and recreational facilities, nor fire-fighting facilities, and it is not presently economically feasible for the area sought to be annexed to provide for such systems itself. Because the health and welfare of the present acid future inhabitants of the Lartd and of lands adjacent thereto require the construction, acquisition, maintenance and operation'Of an adequate'waterworks and Sanitary'sewer system, drainage and storm sewer system, parks and recreational facilities, and fire- fighting facilities, 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, drainage and storm sewer system, parks and recreational facilities, and fire-fighting facilities, Aso as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. .. The Petitioner hereby certifies there are no lienholders on the Land. VIII. p , •i The Petitioner hereby certifies that there are no qualified voters residing on•the Land. DC.. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by ttie conditions set forth in Exhibit B, attached hereto and incorporated herein for: all purposes. 430149 > t I( � j I I 1 I j X. 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 sought to be annexed is $325,000 and will not require the authorization of additional bonds by the District. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] :3 It 430149 RESPECTFULLY SUBMITTED this 3ccA day of MG.V , 2013. I BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22 By: y" resident,Board of Directors ATTEST: LJ v'.e.ow.wwe / y, Board of Directors k pik Z2. 1 is THE STATE OF TEXAS § § I COUNTY OF HARRIS § This instrument was acknowledged before me on this 3rd day of May, 2013, by Staci Posten as President and Joe White as Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 22, a political subdiv' 1 of the State of Texas, on behalf of said political subdivision. Public, State of Texas SUSAN ARospEFlE (NOTA a =I,) MY�ti9MISSION EXPIRES M= tY 25,2015 430149 II By: allt°111111i' EL D.is*131_,7 ND,TRUSTEE ii. THE STATE OF TEXAS § COUNTY OF J7 (f r J § This instrument was ,acknowledged before me on this the '9'3 day of r;l 2013 by Michael D. Copland,Trustee. Notary Public,State of Texas (NOTARY SEAL) RICHARD CARL PRECDUS . , My Commission Expires 11,P,,11110.„1 July 23,2019 it 1 , 430149 �XH1B11' A. Exhibit Page 1 of 1 Pages is County: Fort Bend Project: Arcola-Copland Job No. 095520 MB No. 12-011 FIELD NOTES FOR 10.400 ACRES Being a tract of land containing 10.400 acres located in the A.B.Langerman Survey,Abstract number 456,Fort Bend County,Texas; Said 10.400 acre tract being a portion of the remainder of a call 38.652 acre tract of land recorded in the name of Michael Copland in volume 1360,page 100 of the Fort Bend County Deed Records(F.B.C.D.R.)and volume 743,page 653 of the Bra- zoria County Deed Records(B.C.D.R.);Said 10.400 acre tract being more particularly described by metes and bounds as follows(bearings are based on the Texas Coordinate System,South Cen- tral Zone,NAD 83): Commencing at a 5/8-inch iron rod found at the most easterly cut-back corner at the southeaster- ly intersection of a Public Road(60-feet width)as illustrated in Gulfview Acres,a subdivision recorded in volume 349,page 614 of the F.B.C.D.R. and State Highway 6(width varies),record- ed in the name of the State of Texas in Fort Bend County Clerk's File(F.B.C.C.F.)number 9722905,same being a northerly corner of a call 2.661 acre tract of land recorded in the name of the State of Texas in F.B.C.C.F.number 2000083928; Thence,with the southerly Right-of-Way(R.O.W.)line of said State Highway 6,South 60 de- grees 53 minutes 45 seconds East,a distance of 491.81 feet to a 5/8-inch iron rod set and being the Point of Beginning of the herein described tract; Thence,continuing with said southerly R.O.W.line,South 60 degrees 53 minutes 45 seconds East,a distance of 400.00 feet to a 5/8-inch iron rod set; Thence,through and across the remainder of aforesaid 38.652 acre tract,South 11 degrees 36 minutes 00 seconds West,a distance of 959.60 feet to a 5/8-inch iron rod set on a northerly line of Braebend Estates,a subdivision recorded in volume 7,page 24 of the Brazoria County Plat Records; Thence,with the said northerly line,South 88 degrees 20 minutes 37 seconds West,a distance of 474.21 feet to a 5/8-inch iron rod set; Thence,through and across the remainder of aforesaid 38.652 acre tract,North 15 degrees 27 minutes 17 seconds East,a distance of 1191.35 feet to the Point of Beginning and containing 10.400 acre of land. A PLAT OF SURVEY ACCOMPANIES THE HEREIN DESCRIPTION AND IS FILED IN OUR OFFICE UNDER JOB NUMBER 095520. GBI PARTNERS,L.P. 713.995.1306 •v� `6u+rEt citt•February 8,2012 kr* 5206,i%4. EXI-IIBIT B (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the developer on behalf of the District have entered into and executed a utility agreement that specifies the terms and conditions for providing water and sewage treatment services to the District (the "Utility Agreement"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein. (b) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, 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. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that 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, will 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 one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge - - of any 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 annexes the District, takes over the assets of the District, and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells,water meters,flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto,installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that 430368 such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will 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 may make periodic on-the-ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Official Records of Brazoria County or Harris County, Texas, as appropriate, and otherwise comply with the rules and regulations of the Engineering Department and the Department of Public Works of the City of Pearland. 430368 CERTIFICATE THE STA'T'E OF TEXAS § COUNTY OF BRAZORIA § k I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 22, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria County Municipal Utility District No. 22 that was filed with the Board of Directors of the District on M 4 V ., . 2013. is WITNESS MY HAND AND SEAL OF SAID DISTRICT this 3rd day of 2013. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.22 By: 4# Seem.ry, Board of Directors (SEAL) • il. 430149 Miller (total Valentine real estate Group solutions Miller Valentine Group Request of Consent for Annexation of a 10.40- acre tract of land into Municipal Utility District 22. { Miller Valentine /� Group c,���(572 %/1 The Request for Consent concerns a 10.40 acre tract of land located on the south side of Highway 6 in the Pearland ETJ, Fort Bend County. The development will not be annexed into the City of Pearland. ippe e.iMM� ±ti 141 14 a flli 6 ufil -iI~yI�� E SUBJECT 6� �1J46 � a3 F� -26- e Miller Valentine Group c,8ee2v i11 The subject tract is located to the southwest of the Lakes of Savannah development and slightly east of the City of Arcola. a r ri, � I I 2 ; • 1 j i T.akes of Savannah w' a ,.,— ,,sr i1 am: +, __- * : . �,. ..-- —_ ,i ' i it o . . • 4 ) 1 ! tr ..r - °-.,The Reserve • MUD 21 and MUD 22 will allow only 120 units of medium-density residential, or approximately 3.5%of the 3410 total homes. -26- Miller Valentine `�c Group / i-e2 �=�°� P(1 P The subject tract is located a considerable distance from other E comparable properties. The nearest comparable property is approximately 8 miles away and is in a separate sub-market Fort Bend County,TX:Comparable Market-rate Property Locations FN31 Pa S �. -=,- p 1 - t Arlwnal ar ..M g d Paata,,i cty 3 . _. Ilan•c . os... ' 1 d.. i� IA 1' V" ,,,, AMema , balA Wiwi., -Ct rW ,4 i For:Bend Caunry a e.a..4�„ __.._. __. i, ,. .`3.---. `4 «,. q e. 1 a M r Y r■Fres no LDP.U=" Ftel' rw , W ' a Bran ,a county g otaa '5 a Y ? K tt' — ur � w."-- , 1 filSnO aaP• -_. "_.. 4 '' a - _ i \�ryctYti �N r S { $ i' ,, i ,N ar ...o-L .0. -^'ASa1n _... W"`., I M rel city . *. 5isnna Plantation CDP ,,a t ygrt I t ....m. TYPa 1 any-rill ! ■ ... I z Ir',Hive �.„. 1:65,828 -26- Maw Valentin* Group ///a/zi-e71 The market shows limited supply and strong demand for high-quality rental housing. Comparable properties show an average occupancy of approximately 98% and the percentage of available rental housing in Pearland ETJ is considerably lower than the surrounding area. Renter Share ot All Occupied Housing Units-2012 Houston-Sugar Land-Baytown, Rental Units per Building Pearland,TX ETJ TX Metro Area Du.)',exes and taizer I 12.4°o 26.1°0 Five-U_tih- 11.3°0 _2 2.-9 0 1 O-15nits I 9.N o i8.6°0 20- ttih+ 4."0o 9.8°o SO-nuts-- 3.20o 6.0°0 Sources:2014 Census.":able B25032 of the 2CO-2414 Auteruan Community Storey and Ubau Decision Group Data provided by Bowen National Research -26- Millet Valentine Group P te44J,' The Reserve is a 120-unit, Class "A", development with a projected cost of$15M. The development will provide a multitude of common and private amenities. Common Amenities -Resort Style Pool ,�,,, -Fitness Center q ..' ..+ -100%Masonry Exterior -Ample Green Space i 1 Community Room 2,, -Business Center -Gazebo with BBQ Grills ""r 1 ' -Lush landscaping Unit Amenities -9'Ceilings -Low-e Windows SI 77- :` = -Low-Flow Fixtures -Faux Wood Flooring ._.- -Berber Carpet ins -Enlarged Balcony Areas NI Ample Storage -Open Floor Plans -Pre-Wired for Cable/Internet '?"•" -Wahser/Dryer Hook ups F4 I`F k f, - -EnergyStarAppliances s 1.1. _., k2a'�ip , -29- Miller Valentine (7Z,Group The club room will offer a leasing area, • business center, workout facility,and "/!; community room. • Sr •`-.1 (: Yom. • -29- Miller (7-:,‘, Re,,,e valentine Group Exterior materials will consist of 100% masonry materials, including stucco, stone,and brick. ,�, Units will include c< ,► `' covered entry ways, .6... i i _• enlarged patios,and _ °" £ Low e windows. ° r Landscaping will be - placed between buildings and parking areas. I ` a Z .. ��,1 . j-- to , .> 4�I -29- Conceptual Elevations Mil Valentine Group 7-Aca 7&d,~,e The subject will be a low-density, multi-family development with an amenity enriched clubhouse, pool, and ample green space. The outdoor pool area will feature a gazebo, BBQ grills, and free Wifi. ,rt'',;V 1` fir, . ' +. 11 -29- t 1 NNW Valentine Group Rea~-e Current Development Agreement Points -All units would be served by a fire suppression system. -The Reserve would pay the City of Pearland a Parks Fee, in lieu of dedication, in the amount of$90,000. -The Reserve would meet all applicable city ordinances. -The Reserve will allow inspections by the City of Pearland. -The exterior of all buildings will consist of 100%masonry. Proposed Additional Points -MUD 21 and MUD 22 will agree to not provide utility services to any future multifamily developments. Only 120 (3.5%)multifamily units will be allowed in the 3,410 unit single family development. -The remaining 25 acres will include a deed restriction prohibiting multifamily development without the consent of the City of Pearland. - The Reserve will maintain the property to a high standard. Capital and maintenance budgets are established to provide improvement expenditures for exterior, property interior maintenance (painting, plumbing, electrical and air filters) and ongoing green space maintenance. -29- -The Parks Fee payment will be increased to$100,000.