07-09-15-02 - Resolution - 07/09/2015 RESOLUTION NO. 07-09-15-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS AUTHORIZING CERTAIN TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF COLLEGE STATION, TEXAS TO
BE INCLUDED WITHIN ROCK PRAIRIE MANAGEMENT DISTRICT
NO. 2
WHEREAS, Rock Prairie Management District No. 2 (the "District") was created
pursuant to a special act in the 83rd Legislature and codified in Chapter 3909, Special
District Local Laws Code under the authority of Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution, said District to encompass the land
described in Exhibit A; and
WHEREAS, the City desires to consent to the creation of and inclusion of land
into the District upon the terms and conditions set forth in this resolution:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS, THAT:
Section 1. All of the matters and facts set out in the preamble hereof are true
and correct.
Section 2. The City Council officially finds, determines, recites and declares
that sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was 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 the Open Meetings
Law, Texas Government Code, Chapter 551 and that this meeting has been open to the
public as required by law at all times during which this Resolution 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 3. Subject to the terms and conditions hereinafter set forth the City
Council of the City of College Station, Texas hereby consents to the creation of ROCK
PRAIRIE MANAGEMENT DISTRICT NO. 2 within the corporate limits of the City and
further consents to the inclusion of the property described in Exhibit A within the
boundaries of said District.
Section 4. Additional territory shall not be added to or annexed by the
District nor shall the District be permitted to serve territory located outside the District
without the written consent of City. The District shall not be authorized to exercise the
power of eminent domain to acquire any interest in property that is located outside the
boundaries of the District except when such power is exercised upon the written
consent of City.
Section 5. Infrastructure.
(a) Public Infrastructure/Utility Agreement. All water distribution, sanitary
sewer collection, detention and drainage systems, recreational, road and
related facilities constructed or acquired by the District shall be designed
and constructed in compliance with all applicable requirements and
criteria of the City. The Developer will cause the District to enter into a
written City contract for the City to provide water and wastewater
services to the District. The District must pay all applicable connection
fees. All District utility infrastructure must be designed and constructed
as a part of the City's regional utility system and in compliance with the
City's Water Master Plan and City's Wastewater Master Plan. Except as
described below, the District will not own any facilities without the City's
written approval. The District will finance water, wastewater, drainage,
and road facilities and, to the extent permitted by law, recreation facilities,
and convey those facilities (except for stormwater detention and
recreational facilities) within the City's service areas to the City, upon
completion of construction, for operation and maintenance.
(b) City Approvals. Plans for District infrastructure shall be prepared,
reviewed and approved in accordance with City ordinances. District
infrastructure shall be constructed in accordance with City design
standards. The City reserves the right to inspect all facilities being
constructed by or on behalf of the District and to charge inspection fees
required by ordinance.
(c) Service Outside Boundaries. The District may not provide water or
wastewater service outside the boundaries of the District or enter into an
agreement with another District or municipality to receive water and
wastewater service without written consent from the City.
(d) Park and Recreational Facilities. The District may use any available
revenue source (other than ad valorem taxes) to construct, maintain and
finance those park and recreational facilities and improvements permitted
under Chapter 3909, Special District Local Laws Code and Chapter 375 ,
Texas Local Government Code.
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Section 6. Financings.
(a) Bonds. The District shall have the authority to issue, sell and deliver
bonds from time to time, as deemed necessary and appropriate by the
Board of Directors of the District, for the purposes, in such form and
manner and as permitted or provided by federal law, the general laws of
the State of Texas and this Resolution. The authorizing order or resolution
regarding the issuance of any series of bonds, which bonds shall be and
remain obligations of the District until its dissolution, must be approved
by the City Council. The City Council may refuse to give its approval for
the issuance of bonds or limit the amount of bonds issued by the District if
the District is not in compliance with the City's requirements contained in
this consent resolution or ancillary documents. The City will request
compliance with the following terms and reporting requirements:
(1) The District's initial bond debt maturity date will not exceed thirty
(30) years. Once the District has established a maturity date for its
initial bonds, the maturity date for any additional bonds will not
extend beyond the maturity date for the initial bonds, without the
approval of the City.
(2) The amount for each annual principal payment on bond debt
should be substantially the same or only moderately increased
throughout the repayment term. In any case, at least 40% of the
principal must be repaid in the first half of the repayment schedule,
unless a portion of the bonds are structured as capital appreciation
bonds.
(3) The District may not fund capitalized interest in an amount in
excess of the lesser of twenty-four (24) months or the amount
approved by the TCEQ.
(4) The City may limit the District to only issue bonds secured by
property taxes for the purposes of providing water, wastewater,
drainage, road improvements and improvements in aid of the
roads, including street lighting, landscaping, sidewalks and
signage within the road right-of-way, as provided in Texas Water
Code, Section 54.016(e).
(5) At least thirty (30) days before the issuance of bonds, except
refunding bonds, the District's financial advisor shall certify in
writing that bonds are being issued within the existing economic
feasibility guidelines established by the TCEQ whether or not the
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District has been approved by the TCEQ. The report, provided to
the City Manager, should also state the following:
i. The amount of bonds being proposed for issuance,
ii. The projects to be funded by such bonds,
iii. The proposed debt service tax rate after issuance of the bonds.
(6) Within thirty (30) days after the District closes the sale of a series of
bonds, the District shall deliver to the City Manager a copy of the
final official statement for such series of bonds as well as any
additional information requested by the City and provide the City
with a complete transcript of bond proceedings within sixty (60)
days after the date the bonds are delivered.
(7) Terms of any refunding proposed by the District must be approved
by the City Council.
(b) Purpose for Bonds and Use of Bond Proceeds. The District will issue
bonds only for the purpose of purchasing and constructing or otherwise
acquiring the facilities described in Section 5 of this resolution, and to
make any and all necessary purchases, construction, improvements,
extensions, additions, and repairs thereto, and purchase or acquire all
necessary land, right-of-way, easements, sites, equipment, buildings,
plants, structures, and facilities related thereto, whether within or without
the boundaries of the District, and providing for developer interest and
for any necessary capitalized interest and costs of issuance.
Section 7. Other Conditions to City Consent.
(a) The District will require that District board meetings be recorded and that
such recordings be available on-line. The District will require that
minutes of District board meetings will be available on-line. In addition to
compliance with the Open Meeting Act, all District meetings shall be
posted at City Hall and on the City's website.
(b) The District shall send a copy of the order or other action setting an ad
valorem tax rate to the City Secretary and the City Manager within thirty
(30) days after District adoption of the rate.
(c) The District shall send a copy of its annual audit to the City Manager. The
District will also ensure that they are meeting accounting standards set by
the Governmental Accounting Standards Board (GASB), and that they are
fulfilling all arbitrage compliance reports to the satisfaction of the City
Manager.
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(d) The District shall provide copies of any material event notices filed under
applicable federal securities laws or regulations to the City Manager
within thirty (30) days after filing such notices with the applicable federal
agency.
(e) The City shall have the right to review the District's annual budget. The
District shall submit the proposed budget to the City Manager prior to
adoption by the District for review and comment.
Section 8. Dissolution of District.
(a) The City and the District recognize that, as provided in the laws of the
State of Texas, the City has the right to dissolve the District and to acquire
the District's assets and assume the District's obligations.
Notwithstanding the foregoing, the City shall not dissolve the District
until that certain Infrastructure and Economic Development Agreement
between the City and College Station Town Center, L.P. (on behalf of itself
and the District) (the "Chapter 380 Agreement") has been terminated or
the term of the Chapter 380 Agreement has expired.
(b) Upon dissolution of the District, the City shall acquire the District's assets
and shall assume the District's obligations. If requested by the District, the
City shall afford the District the opportunity to discharge any remaining
District's obligations pursuant to any existing Development Financing
Agreements of the District, by either (i) authorizing the District to sell its
Bonds before or during a transition period prior to the effective date of
dissolution as established by the City, or (ii) pursuant to Local
Government Code Section 43.080, as amended, issuing and selling bonds
of the City in at least the amount necessary to discharge the District's
Obligations, including those under any Development Financing
Agreements.
Section 9. City and College Station Town Center, L.P. have entered into a
Utility and Road Agreement of even date with this resolution, wherein the
parties have acted pursuant to Texas Local Government Code §552.014 to
contract as to other matters not inconsistent with the terms of this resolution.
City's consent given herein is expressly subject to the requirement that the
District's Board of Directors must accept the assignment of such Agreement,
ratify and agree to be bound by the terms thereof. Ratification and acceptance of
the Utility and Road Agreement shall be the first substantive order of business
following the District's organization, confirmation election and other preliminary
matters necessary to constitute the District's governing body. District shall have
no authority to issue bonds prior to its ratification and acceptance of the Utility
and Road Agreement. This resolution shall expire and the consent herein given
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shall be automatically revoked on the third anniversary hereof unless the Board
of Directors of the District first adopts a resolution accepting, ratifying and
adopting the Utility and Road Agreement.
Section 10. This resolution shall be effective immediately upon adoption.
PASSED AND APPROVED this the@ day of ,, , 2015.
Nancy Berry, ayor
ATTEST:
Sherry N16-11-burn, City Secretary
APPROVED:
CAM RA/i
A. Robinson, City Attorney
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Exhibit A
Joe Orr, Inc.
A BASELINE CORPORATION CO.
Post Office Box 11979
College Station, TX 77842-1979
(979) 693-2777
TBPLS Firm no. 100544-00
Municipal Management District Two
Participating Tracts—270.58 acres
College Station, Texas
June 2015
All those certain tracts or parcels of land lying and being situated in the Thomas Caruthers league
(abstract no. 9) and Robert Stevenson league (abstract no. 54) in College Station, Brazos County,
Texas, comprised of the remainder of that 25.79 acre tract conveyed to Brian Howard Perry by
deed recorded in volume 10459, page 34 of the Official Public Records of Brazos County, Texas,
all of that 10.35 acre tract conveyed to Barry C. Nelson by deed recorded in volume 10577,page
191 of the Official Public Records of Brazos County, Texas, all of that 231.97 acre tract conveyed
to College Station Land Investment, LP by deed recorded in volume 10600, page 156 of the
Official Public Records of Brazos County, Texas, and the remainder of that 2.996 acre tract
conveyed to Chakde Holdings, L.L.C. by deed recorded in volume 10990, page 21 of the Official
Public Records of Brazos County, Texas, and the boundary being more particularly described as
follows:
Perry, Nelson and College Station Land Investment, LP tracts:
Beginning at the southeast corner Lot 1, Rock Prairie Baptist Church subdivision (vol. 7312,pg.
207), which is also an east corner of the said College Station Land Investment, LP 231.97 acre
tract, and from where City of College Station GPS control monument no. 9 bears S 88° 50' 15" E
—2550.7 feet.
Thence along the common boundary of the said 231.97 acre tract and the Goen(vol. 10424, pg.
40), Clark(vol. 561, pg. 28) and Savage (vol. 7912, pg. 265) tracts as follows:
S 20° 22' 54" E— 112.43 feet, S 41° 53' 54" W— 1390.60 feet, S 48° 05' 26"E—341.98
feet, S 48° 21' 21" E—250.43 feet and S 48° 32' 07" E—437.74 feet to the south corner of
the said Savage tract, also being an east corner of the said 231.97 acre tract and a north
corner of the City of College Station 100.64 acre tract(vol. 6927, pg. 226);
Thence S 77° 56' 03" W—2981.71 feet along the common line of said 231.97 acre tract and the
said 100.64 acres, to their west common corner in the northeast line of the City of College Station
46.60 acre tract (vol. 3310, pg. 321);
Thence N 68° 16' 02" W— 185.06 feet along the common line of said 231.97 acre tract and the
said 46.60 acres, to their west common corner;
MMD2 Participating Tracts Page 1 of 3
Thence along the common boundary of the said 231.97 acre tract and the Wheeler 71.52 acre (vol.
3007, pg. 341)tracts as follows:
N 57° 11' 22" W- 112.33 feet, N 47° 58' 11" W-372.04 feet,N 47° 52' 01" W-828.48
feet,
N 48° 14' 35" W- 163.14 feet,N 47° 03' 10" W- 128.80 feet and N 46° 26' 14" W-
535.34 feet to the most westerly corner of the said 231.97 acre tract;
Thence N 64° 40' 08"E-5.63 feet to the most southerly corner of the said Perry 25.79 acre tract;
Thence N 47° 40' 38" W-251.08 feet along the southwest line of the said Perry 25.79 acre tract
to the north corner of the said Wheeler 71.52 acre tract, being an east corner of the Scott& White
Healthcare Subdivision (vol. 10179, pg. 50);
Thence along the common boundary of the said Perry tract and said Scott& White subdivision as
follows:
N 47° 37' 11" W- 128.13 feet, N 50° 49' 32"E-930.60 feet and N 2° 42' 34" W-
1025.16 feet to the south right-of-way line of Rock Prairie Road East (118 ft. width);
Thence along the south right-of-way lines of Rock Prairie Road East (59.0 feet south of the
surveyed centerline) as follows:
S 86° 27' 34" E- 1756.74 feet, S 85° 02' 05" E- 1226.41 feet, S 84° 23' 02" E-70.75 feet
to a right-of-way offset corner;
Thence N 0° 42' 21" W- 1.51 feet to another offset corner in the south right-of-way line of Rock
Prairie Road East(115 ft. width);
Thence along the south right-of-way line of Rock Prairie Road East(57.5 feet south of the
surveyed centerline), also being the north lines of said 231.97 acre tract, as follows:
S 84° 23' 02" E- 543.10 feet and S 82° 02' 02" E- 195.35 feet to the west line of said
Lot 1, Rock Prairie Baptist Church subdivision, at a northeast corner of said 231.97 acre
tract;
Thence along the common lines of said 231.97 acre tract and Lot 1, Rock Prairie Baptist Church
subdivision as follows:
S 7° 57' 58" W- 528.77 feet and S 82° 02' 02" E-699.33 feet to the Point of Beginning
and containing 267.77 acres of land more or less.
Chakde Holdings tract:
Beginning at the southeast corner said Chakde Holdings 2.996 acre tract, located S 81° 00' 37"E
-428.78 feet from the point-of-beginning of the above described 270.58 acre tract, and from
where City of College Station GPS control monument no. 9 bears N 89° 35' 21"E-2126.7 feet.
Thence N 77° 25' 29" W- 169.24 feet to the southwest corner of the said 2.996 acre tract;
MMD2 Participating Tracts Page 2 of 3
Thence N 0° 43' 14" W— 528.90 feet to the south right-of-way line of Rock Prairie Road East
(115 ft. width);
Thence S 82° 02' 02"E—293.41 feet along said south right-of-way line, parallel and 57.5 feet
south of the surveyed centerline, to its intersection with the common line of the said 2.996 acre
tract and the White 2.00 acre tract (vol. 1249, pg. 612);
Thence S 12° 44' 40" W—538.30 feet along said common line of the Chakde and White to the
Point of Beginning and containing 2.81 acres of land more or less.
Combined, these two described tracts total 270.58 acres more or less.
Bearings are Texas State Plane,NAD-83(CORS) datum,based on
City of College Station GPS control points and GPS observations.
Volume and page numbers cited refer to the Brazos County public
records.
No monuments were set for this survey and found monuments are
not cited.
This document was prepared under 22 TAC §663.21 does not reflect
the results of an on the ground survey and is not to be used to convey
or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
See exhibit map prepared with this description, dated June 2015.
MMD2 Participating Tracts Page 3 of 3
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