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HomeMy WebLinkAboutO-2018-3704 Creation of MUD No. 561 (Beazer Homes)ORDINANCE NO, 2018-3704 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS CONSENTING TO AND GRANTING A PETITION FOR THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO, 561, A MUNICIPAL U111 TY' DISTRICT TO BE, LOCATED WITHIN THE BOUN13ARIES OFTHE CITY OF ],,,,A IAC R'"FE,TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS A 21-4.650 ACRETR. ACTOF LAND SITUATED INTHE RICI IARD PEARSALI.., SURVEY, ABSTRACT NO265, HARRIS COUNJ I Y, TEXAS; APPROVING A UTILITY AGREEMENT BY AND BETWEEN'THE CITY OF LA PORTE, TEXAS AND BEAZER HOMES, 'TEXAS, L.P,, ON BEHALF OF HARRIS COUNTY MUNICIPAL `U'TILFI-Y Dl-,S--FRicT NO, 561; REPEALING ALL ORDINANCES OR PARTS, OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; CONTAINING AN OPEN MEE,TINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of La Porte (the "City") has received as )etition seeking consent for the creation of I Jarris Courity Municipal Utility DisLi,-ict No. 561 (the "District") within the city limits of the City, the boundaries of said District being legally described on Exhibit A, attached hereto; and 'I WHEREAS, the petitioners request that t1le City Council atithorize the Mayor to sign an Amended and Restated Utility Agreement between the City of La Poi -to and Beazer I lomes Texas, L. R on behalf of proposed I farris County Municipal Utility District No. 561; BE ITORDAINED BYT1 IE CITY COUNCIL OFTHE CITY OF LA.PORTE, TEXAS: Section T. That all of th(:, recitals and prean-ibles hereinabove stated are found to be true -,H-ld correct and are incorporated herein and made a part of this Ordinance, Section 2. 'haat the petition seeking the City's consent to the creation of HARRIS COUNTY MUNICIPAL UTILITY DIST RICTNO. 561, is hereby granted subject to the terms and conditions set forth in Exhibit B attacl-ted hereto (the "Consent Conditions"), and incorporated, herein for all purposes. I 523912469x,at,docx Section 3. That the Amended and Restated Utility Agreement (the "Agreement") by and between the City and Beazer Homes Texas, L.P. on behalf of proposed Harris County Municipal Utility District No. 561, a copy of which is attached hereto as Exhibit C and incorporated herein for all purposes, is hereby approved and the Mayor of the City is hereby authorized to execute the Agreement on behalf of the City. Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective upon its passage and approval. -2- 1523912469x_at.docx PASSED AND APPROVED this 23rd day of April, 2018. lark Askins, City Attorney -3- 1523912469x_at.docx PASSED AND APPROVED this 23rd day of April, 2018. Itilark Askins, City Attorney State of Texas County of Harris City of La Porte I hereby certify that the attached instrument is a an correct copy as the same appears of record In %itnes here f I have here my hand and affimed offi of said �!� � � � day of ► ial seal �M1n�rilr' �� Signature --�—�� -3- 1523912469x_at.docx UHBIT A DESCRIPTION OF A'IRAC"1' O1t LAND CONTAINING 234.650 ACRES (10,221,335 SQUARE FIs["111 SUMATED FNTI IE RICIIARD PEARSALL SURVEY, A-625 IN HARRIS COUNTY. Being a tract of latus containing 234,650 acrc-s (10,221,335 +yuum fleet) situated in the Riclutrd Pcaraall Survey, A-623 in I larris County. 'Texas, and being out of a called 485.51426- ucre tract conveyed unto PPG Itufustrics. Ito:., by decd recorded under County Clerk's File No. (;484569 of'the Official Public Rocords of !teal Property of Barris ('ounty, `f ems. Said 214,650 acre tract being toort particularly described by metes and bounds as tiiIlom- •Nota: All bears cited herein am Grid hearings, referenced to the 7'rrav State Plane Caordlmtte *ttm of 1983, Scarth Central Ione No, 4204 (NAD81 2411). BEGINNING at it round 5/8 -inch iron rtxl with cap stcaupcd "RPLS 5007" located at the i►tterseetion of the south property lime of said 485.51426 -acre tract with the west right -of -wry line of ilay Area Boulevard (200 -feet wide, sh res miLd unitur County Clerk's Dile No. 0484569 and X626685, of the 01TWial Public Records of Rcnl Property of Harris County. Texas), for the northeast corner of a willed 3.659 -acro tract conveyed tanto Ambrose Jo,,. -ph Smith. 111. by deed recorded under County Clark's File No. 20110443002 of tie Midst Public Records of Real Property of l larris County. 'Texas, and for the southeast corner of .Wd tract herein described; 1'lll;Nt'b' Stmgh 86055114" Wena with tial south line of aid 485.51420 -acre tract, with the north Bite ofsaid 3.659 -stere uncut. with the rutrth line of a caped 2.5497 -acre tract conveyed unto Elizabethtown Properties, IA.C. by decd mc'utrded under C'aunty Clerk's rile No. 20090584948 of tiic Official Public Record.% of Real Properly of Barris County. "Texas, with the north tine, ora called 2.323 -acro Tract conveyed unto Stanwood Interests, Id', by deed nxorded tinder ('ounfy Clerk's file No. 1/922416 of the Official Public Records of Real Properly of Ilarris County, Texas, with the north iiue or a called 4.000 -acre tract ('Tract 2) conveyed unto CCC Group, Inc.. by decd reconlyd under County Clerk's File No. 11721491 of the Official Public Records of Hutt Property cif Itarns ('aunty. 1exm. with lite mirth line of s called 10.37 - acre tract conveyed onto Groan Bishop I inldings, I.LC, by decd recorded tauter Vouaty Clark's F ilc No. H 8.1215 of the Official Public Rcuonis or Read Property of Harris+ County. I exam with rite rutrth lick tit' the (entuinder of a called I2.2t1-acre tract (°t reel I) exmvcytxl usun ('t'(' (in►up, Ince., by deed recoiled under County C'lerk's bile No. 11723491 of the Official Public Rmords of Raul Properly of Harris County, `Texas. with lite north lire of a called 1.744 -acre tract conveyed unto Justin R. Monnan, by tired retarded urndet County Clerk's Fib No. 1`81587.1 of ilio OMcial Public Records of Real Property of llarri4 County, Tcxasc, with fir: north line of a called 4.255- acrc trust conveyed unto Jim M. Mormao, ct til, by tkx:d r voided unbar Ctsurny c'lerk's File No. '1913824 of the Official Public Redox(- of Real Pnsperly of Iftu'tix County. 'It -m, a disiumv or 2,724.0 tett to u faunal 12 -inch iron rod in the east properly line of a called 5.927 -acro tract conveyed unto C.M. Millitid Properties. US% by (Iced ntxxlydod under County Cleft's File No. 20140496527 of the Ofl'tcial Public Rocows omcai Pncpcffy or i Farris County, ,rexas, for corner on the -south line ofsaid cruet herein doncribed; Page 1 of 4 1523912469x_at.docx THP-K`Ei North 030 46' 13" West with the cast property line of said 3.927 -acre tract, a distance of 389.16 feet to a 12 -inch iron rod found for the rood east corner of said 5.927 -acre tract, and for an interior corner of said tract herein &scribc;d; THENCE. South 871 05' 32" Wit with the north ptoperty line of said 5.927 -acre tract, a distance of 389,52 feet to u li>atnd 314 -inch iron rod fur the nurthwerl eonx;r of said 5,927 -acre tract, in the west line of said 485,51426 -acre tract, in the oust riytht-of-way line of it 200-ibot wide Exxon Pipeline Company, Inc., pipeline cof6dot, recorded under Volutno 3310, Page 582 of the Deed Records of Harris County, `I exits. and for the westertimom :south corner of said tract herein described; ITI NCE North 03" 11' 46" West with the watt property line of said 485.51426 -acre tract and the cast right-of-way line of said pipeline corridor, a dimance of 2.834.19 feet to a set Slit -inch iron rest with plastic cap stamped "Cobb, Fetxiley & Associate" for corner, !'mm which a 1bund 112 -inch iron nod (disturbed) Ivan North 61° 59' East, a distance of0.85 feet; THENCE E North 860 52` 57" Nast with the north property line of said 4115.51426 -acre tract and the south lite of a called 2.347 ..wre tract conveyed unto Will -MC Properties, Inc.. by deed recorded under County Clark'% rile No. 201401412351 of the 011"vial Public Records of Real Property of I larris County, Texas. at a dixtuttce of 61.05 feet pass a found 5/8-uhch iron rod with orange cap statnlx;d "C;.ti.l. PAR'1NERS". and continuing for a total distance of 189.58 feet to a found >/8 -inch iron rod with orange cup stamper! "PRE'M.AN & CO 4925", 14 the southeast corner Of said 2.347 -acre tract, and l'or art interior corner of said 485.51426 -acre tract. ' I IENCN North 02" 49' 53" West with a we%wrly property lino of said 485.51426-ta re tract and the cast property line of said 2.347 -acre tract, it distance of 323.10 feet to a set 5J8 -inch iron and with plastic cup slumped "Cobb, 1 c•ndley & Associates" for c ontur for the nor thcrnruust went corner of said 485.51426 -acre tntet, fiom which a found tailnwd spike to asphalt herrn► South 88° 08' West, a dist;tnce of 2.78 leer, '1141-INCi; North 96" 53' 30" hast with the south line of a m -foot wide Public Road atdi Utility right-of-way (recorded under County C'lerk's Filc No, F395945 of the Official Public Records ref Real Property of I lama County. Texas) mild the north Ivolierty line of said 485.51426 - acre tract, a distance of 59-98 feet to a fnmt<i 5/8 -inch mat nod with orange cap stamped "PREMAN o& CO 4925" for an angle point in the nordt property lice of said 485.51426 -acre tract: THE•WT North 86° 57' 10" East with the north property line of said 495.51426 -acre tract. with the south right-of-way line of said 60-Ccwt wide Public Road and Utillty right-of-way. ;tail with the south prupcity lithe: of a 1.2320 -acre.• tract onveycxl e,nto Bruce Mcisnhcr & Dennis McClung, by decd recorded under C'uwtty C'leric's File No. W980075 of the Official Public Records of Real Vraltcrty of I lar•is County, Lexus, a distance of 2,260.61 feet to a set 518 -inch iruct acrd with plastic cap yuonpe d "Cobb. Fendlcy & A-mmintee for an interior curner of said ,195.51426 -acre tract, front which a found 5/8 -inch iron rod (distw•bcxl) bears North 45° W West, a distance of 1.82 feet; Page 2 of 1523912469x_at.docx '1111:NCi North 020 37' 10" West with an interior property line of said 485.51426 -acre tract and the east property lira: ufaaid 3.2320 -acre tract. a distance of 158.30 feet to a point for corner, from which a found U2 -inch iron incl bears South 860 29' West, o distance of 0.31 feet; 'I'llEMA: North 86" 31' 59" Pmsl with the north property lime of said 485.51426-acc tract, the cwtth property line of a called 8.069 -acre tract conveyed unto Shell I-cdcral twat Union, by deed recorded under County Clerk's Nile No. Y501711 of the Official Puhlic Records of Real Property of Harris County. '-ceras, atxl the south property line of a tract of land conveyed unto La Pork Prolxwtics Partnership. by deed recorded under C owrty Clcrk's Dile No. J960208 of the Official Public Record -4 ol'Rcal Property of I iarris County. Texas, a distance of 58(1.33 fret to a set 5/8 -inch iron rod with plastic cap xttunpcd "Cobb, Feadlcy Rc Associates" in the west right-of=way lits: of said Hay Arcs Boulevard, for the uorthust comer of said tract herein described, from which a found I!2 -inch iron and (disturbed) bear%South 00° 54' West, n distance 0( 0.21 feet; TIIE'sNCE in a southerly direction with the west right -of -Way line of said Bay Arca Boulevard, the following courses tinct distant ts: 1. Southerly direction with a curve to the right, whose radius is 1-297.50 feet. a central angle of 30' 40' 34" (chord bears South 12" 12' 29" Watt, a distance of 686.41 fret) for an arc Iength of 694.68 foot to a found 5/8 -inch iron rod with orange cap ,lumped "PRUEAN Art Co 4925"; 2. South 27" 30' Ori" West, a distance of 397.99 feet to a found 5/8 -inch iron rod with orange cap sta►npcd "I►ICI alsAN & CO 4925"; 3. Southerly direction with a curve to the right. whose radius is 1,5617.18 feet. a central angle of 47° 20' 4T' (chord bears Suuth 03° 45' 37" West, a distance (it' 1,258.51 feet) lar un arc luugth of 1,295.04 feet to a found 5B -inch iron nxl with otant a cop stanipcd "PREJEAN dor CO 4925". 4. South 191 54' 4T' Hast, a distance of 1,006.Q7 fret to a found 5/8 -inch iron and (disturbed) with orange cap stampcd "PRrUEAN & CO 4925": l'age i of 4 1523912469x_at.docx TIfi1sN('I: rttntimring with the writ right -of -my line ol'said Baty Ami Roulevord. with a curve to the right. whose radius is 1,488.110 feet. a cottral angle of 19" 10' 11" (chord bears South 100 19' 41" Eam. a distance of 495.79 i'ect) for an tire length of 498.11 feet to the POINT OF BEGINNING and containing 234.650 acres (10.221.335 square felt) of land, more or less. Notes: 1. Square footage area shown is fi)r inlornwtion only and surveyor dots not certify accuracy of survey to neamst square foot. 2. `I'hir; mews and bounds dewcription is referenced to a survey drawing prepored by Cobb. Fendley &. Associates. Inc. elated Decrmber 7. 2017 and Revised Mccn-Aser 21. 2017, titled "SURVLY OFA 234.6550 ACRD TRAC U t)1' LAND SITUATI'.D IN'I1IE RICHARD PEARSALL SURVVY, ABSTRA('T NO. 625 HARRIS COUNTY, TEXAS". Cobb, Fendley & Associates, Inc. THPIS Finn Registration No. 100467 13430 Northwest Freeway, Suite 1100 Houston, 'Texas 77040 Phone: (713) 462-3242 Job No. 1710-009-01.01 Revised: Decemtwr 21, 2017 Original Date: December 7. 2017 1523912469x_at.docx Page 4 of 4 Exhibit B Consent Conditions (a) To the extent authorized by law, the District will issue bonds only for the purpose of purchasing and constructing, or purchasing, or constructing under contract with the City of La Porte, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, drainage facilities, recreational facilities, road 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 land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain drainage facilities and recreational facilities, and for refunding such bonds. Such bonds will expressly provide that the District reserves the right to redeem the bonds on any interest- payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium and will be sold only after the taking of public bids therefor, 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 notice of the sale of such bonds is given, and that bids for the bonds will be received not more than forty- five (45) days after notice of sale of the bonds is given. No land located within the city limits or extraterritorial jurisdiction of the City of La Porte will be added or annexed to the District until the City of La Porte has given its written consent by resolution or ordinance of the City Council to such addition or annexation. (b) (1) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the Director of the Department of Public Works of the City of La Porte, or to his designated representative, all plans and specifications for the construction of water, sanitary sewer, drainage, and road facilities and related improvements 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 exactly to the specifications of the City of La Porte. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and road facilities, and appurtenances thereto, installed or used within the District will comply with the City of La Porte's standard plans and specifications as amended from time to time. Prior to the construction of any water, sanitary sewer, drainage or road facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the Director of Public Works, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, drainage and road facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City of LaPorte; and during the progress of the construction and installation of such facilities, the Director of Public Works of the City of La Porte, or an employee thereof, may make periodic on -the -ground inspections. 1523912469x_at.docx (2) Before the expenditure by the District of bond proceeds for the acquisition, construction or development of recreational facilities, the District shall obtain and maintain on file, from a registered landscape architect, registered professional engineer or a design professional allowed by law to engage in architecture, a certification that the recreational facilities, as constructed, conform to the applicable recreational facilities design standards and specifications of the City of La Porte's Department of Parks and Recreation and shall submit a copy of the certification and the "as built" plans and specifications for such recreational facilities to the Director of the City of La Porte Parks and Recreation Department. (c) The District, its board of directors, officers, developers, and/or landowners will not permit the construction, or commit to any development within, the District that will result in a wastewater flow to the serving treatment facility which exceeds that facility's legally permitted average daily flow limitations or the District's allocated capacity therein. (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 Commission of the City of La Porte of a plat which will be duly recorded in the Real Property Records of Harris County, Texas, and otherwise comply with the rules and regulations of the City of La Porte. 1523912469x_at.docx