R-2013-162-2013-10-14 RESOLUTION NO. R2013-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING A PETITION FOR THE
ADDITION OF CERTAIN LAND INTO BRAZORIA-FORT BEND
COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AND APPROVING
THE ANNEXATION BY BRAZORIA-FORT BEND COUNTY
MUNICIPAL UTILITY DISTRICT NO. 1 OF APPROXIMATELY 34.244
ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 1 (the "District") is
located within the corporate limits of the City of Pearland, Texas ("City"); 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-
Fort Bend Municipal Utility District No. 1" (the "Petitions") relative to 34.244 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 approximately 34.244 acres
described in the Petitions and the exhibits attached hereto.
RESOLUTION NO. R2013-162
Section 4. This Resolution shall become effective immediately upon its
passage and approval by the City Council.
PASSED, APPROVED and ADOPTED this the 14th day of October, A. D.,
2013.
\/1 )U-t0
TOM REID
MAYOR
ATTEST:
Y'F NG i� ..�- , T,;MC `�` 'r4''
SE 1'ETARY I `"'� /\ `
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
Resolution No. R2013-162
Exhibit "A"
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND FORT BEND §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND,TEXAS:
The undersigned, BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1 (the "District"), 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 34.224 acre
tract 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 June 28, 2004. 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 District will receive a petition from the landowner who holds fee simple title
to the Land in accordance with the requirements of Chapter 49 related to annexation. A
portion of the Land within the District lies within Brazoria County,Texas, and a portion
of the Land lies within Fort Bend County, Texas. All of the Land is within the corporate
limits of the City, and no part of the Land is within the extraterritorial jurisdiction (as
such term is defined in Local Government Code Section 42.001 et seq., as amended) of
any city, town or village. All of the Land may properly be annexed into the District.
III.
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.
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IV.
There is,for the following reasons,a necessity for the above-described work. The
Land,which will be developed for residential purposes, is urban in nature, is within the
growing environs of the City, is in close proximity to populous and developed sections
of Brazoria and Fort Bend 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.
V.
The undersigned estimates, from such information as they have at this time, that
the design and construction cost of extending the District's facilities to serve the Land is
$2,304,282,including impact fees to be paid to the City. The District has sufficient bond
authorization to annex the Land and has prepared and accepted a Feasibility Report for
the annexation of the Land in accordance with Chapter 49 requirements.
VI.
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 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]
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RESPECTFULLY SUBMITTED on July 12,2013.
BRAZORIA-FORT BEND COUNTY
MUNICIPAL UTILITY DISTRICT NO.1
By:
`� Q 4(
Name: Michael D. Rozell
Title: President,Board of Directors
ATTEST:
(SEAL2
By1 1 ,,
jp
Name: Talene Pal i r 1 k
Title: Assistant Secretary .,; r�
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on July 12, 2013, by Michael D.
Rozell as President, and Jalene Palmer as Assistant Secretary of the Board of Directors
of BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, a
political subdivision of the State of Texas, on behalf of said political subdivision.
,ro'.• m�';s MICHELLE JOY BRYAN I
�`. l Notary Public,State of Texas A A /`� 1 J �1*
«s My Commission Expires ✓/ 1L - ._ / 1
5':i�;, July 16, 2014 Notary Public,State' f T:1 as
--
(NOTARY SEAL)
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August 28, 2013
Job No. 1440-1306=202
EXHIBIT A
DESCRIPTION OF
34.224 ACRES
Being 34.224 acres of land located in H.T.& B.R.R. Co. Survey, Section 83, Abstract
305, Brazoria County, Texas and Abstract 761, Fort Bend County, Texas, more particularly
being a portion of the residue of that certain called 50.981 acre tract (described as the south •
one-half of the Davis Tract) conveyed to Ralph S. Davis Jr. In "Agreed Final Judgement in
Partition" of record under File No. 02-060920, Official Records of Brazoria County, Texas •
(B.C.O.R.), and In File No.•20021.36052, Official Public Records of Fort Bend County, Texas
(F.B.C.O.P.R.), said 34.224 acre tract being more particularly described by metes and bounds
as follows (all bearings referenced to the Texas Coordinate System, South Central Zone,
NAD27);
BEGINNING at 5/8-inch iron rod with plastic cap stamped "LJA ENG" found for the
southeast corner of the herein described tract, being on the north right-of-way line of Broadway
Street (called 120-feet wide) as shown on Shadow Creek Ranch Broadway Street Extension
From:Kingsley Drive To Brazoria County Line, a Right-of-way Plat of record in Document No.
2007044080, B.C.O.R., Same being the southwest corner of Shadow Creek Ranch SF-44, a
subdivision of record in Volume 24, Pages 374-375 of the Plat Records of said Brazoria County,
(B.C.P.R.);
Thence, South 86° 44' 14"West, along the northerly right-of-way line of said Broadway
Street, as shown on said Right-of-way Plat and Shadow Creek Ranch Broadway Street
Extension From County Line To F.M. 521, a Plat of record in Plat No. 20090010, Plat Records
of said Fort Bend County; (F.B.C.P.R.), 1,813.19 feet to a 5/8-inch iron rod with plastic cap
stamped LJA ENG"set for corner;
Thence, North 41° 45' 08" East, departing said•northeriy right-of-way line, 106.10 feet•to
a 5/8-inch iron rod with plastic cap stamped LJA ENG"set for corner, the beginning of a curve;
Page 1 of 3
1\ProJdsk11SURVEY11440 11308\Docs134224ac Cat 1A Cond IU.doc
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34.224 Acres
August 28, 2013
Job No. 1440-1306-202
Thence, 66.70 feet along the arc of a non-tangent curve to the right having a radius of
1055.00 feet, a central angle of 03° 37' 20", and.a chord which bears North 00° 57' 30"West,
.6.69 feet to a 5/8-inch. iron rod with plastic cap stamped WA ENG" set for corner, the
beginning of a compound curve;
Thence, 138.72 feet along the arc of a tangent curve to the right having a radius of
5.10.00 feet, a central angle of 15° 35' 05", and a chord which bears North 08° 38' 42" East,
138.30 feet to a 5/8-inch iron rod with plastic cap stamped LJA ENG"set for corner;
•
Thence, North 16° 26' 15" East, 153.42 feet to. .a 5/8-inch iron rod with plastic cap
stamped LJA ENG"set for corner,the beginning of a curve;
Thence, 81.01 feet along the arc of a tangent curve to the right having a radius of 385.00
feet, a central angle of 12° 03'24", and a chord which bears North 22°27' 57" East, 80.87 feet
to a 5/8-inch Iron rod with plastic cap stamped LJA ENG"set for corner;
Thence, North 61° 30' 21" West, 25.40 feet to a 5/8-inch iron rod with plastic cap
stamped LJA ENG"set for corner;
Thence, South 86° 44' 14" West, 556.00 feet to a 5/8-inch iron rod with plastic cap
stamped LJA ENG"set for corner;
Thence, North 03° 08' 47" West, 284.00 feet to a 5/8-inch iron rod with plastic cap
stamped LJA ENG" set for corner on the north line of said 50.981 acre tract, being the
southwest corner of Shadow Creek Ranch SF-58, a subdivision of record ih Plat No. 20060297,
F.B.C.P.R.;
Page 2 of 3
1:\Proidskl\SURVEY\1440\1306\Docs\34.224ac Cat 1A Cond II.doc
34.224 Acres.
August 28,2013
Job No. 1440-1306-202
Thence, North 86° 44' 14" East, along the north line of said 50.981 acre tract and a
southerly line of said Shadow Creek Ranch, SF-58, Shadow Creek Ranch SF-43., a subdivision
of record in Volume 24, Pages 376-377, B.C.P.R., and Shadow Creek Ranch Recreation Center
No. 3, a subdivision of record in Document No. 2006062657, B.C.O.R., 2,198.20 feet to a 5/8-
inch iron rod with plastic cap stamped "LJA ENG" found for the northeast corner of said 50.981
acre tract and the northwest corner of aforementioned Shadow Creek Ranch SF-44;
Thence, South 03° 11' 08" East, along the east line of said 50.981 acre tract, same
being the west line of said Shadow Creek Ranch SF-44, 791.61 feet to the POINT OF
BEGINNING and containing 34.224 acres of land.
This description prepared from a survey and plat prepared by the undersigned dated
August 28, 2013.
) *
KEITH
,, Ts, 4797 It .
Keith W. Monroe drams
Registered Professional Land Surveyor
Texas Registration No.4797
LJA Engineering, Inc.
Page 3 of 3
I:\ProJdsk1\SURVEY11440\1306\Docs134.224ac Cat 1A Cond II.doc
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EXHIBIT 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
440899
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.
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CERTIFICATE
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND FORT BEND §
I, the undersigned Assistant Secretary of the Board of Directors of Brazoria-Fort
Bend County Municipal Utility District No. 1, do hereby certify that the attached and
foregoing is a true and correct copy of the Petition For Consent To Annex Land Into
Brazoria-Fort Bend County Municipal Utility District No. 1 that was filed with the
Board of Directors of the District on July 12,2013.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on the 12th day of July,
2013.
',WIN' '
BRAZORIA-FORT BEND COUNTY MUNICIPAL
UTILITY DISTRIC NO.1
\Ito
By:
• r
Assistant Seik tart',Board of Directors
(SEAL)
440899.doc