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HomeMy WebLinkAbout07-25-19-06 - Resolution - 07/25/2019RESOLUTION NO. 07-25-19-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, GRANTING CONSENT TO THE FORMATION OF BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AND UP TO FOUR ADDITIONAL MUNICIPAL UTILITY DISTRICTS WITHIN THE CITY’S EXTRATERRITORIAL JURISDICTION. WHEREAS, the owners of approximately 2,354 acres of land, more particularly described in Exhibit “A” attached hereto and incorporated herein, (the “Land”) have filed a petition requesting consent to create multiple Municipal Utility Districts (the “Petition”), including a master district, from the City of College Station (the “City”); and WHEREAS, the City is empowered under state law to exercise authority over municipal utility districts located within the City’s Extraterritorial Jurisdiction; and WHEREAS, the Land proposed to be included in the districts lies within the Extraterritorial Jurisdiction of the City; and WHEREAS, the districts plan to provide water, sanitary sewer, drainage, road and other facilities and services to the Land; and WHEREAS, the owners of the Land previously requested conditional consent to the creation of up to five districts prior to the City and the owners negotiating and entering into one or more agreements that address the issues related to development of the Land by the owners and by the districts, including without limitation, water supply, wastewater treatment, drainage, roads, application of certain City ordinances and standards, parks, and the needs of the City in relation to the annexation of the Land into the City so that the owners may pursue creation of the districts through the Texas Commission on Environmental Quality while such agreements are being negotiated; and WHEREAS, via Resolution No. 06-09-16-02 adopted by the City Council of the City on or about June 9, 2016, the City granted its conditional consent to creation of up to five districts and the inclusion of the Land within the City’s Extraterritorial Jurisdiction in such districts; and WHEREAS, the conditions in such resolution were not met in a timely manner; and WHEREAS, the owners created one municipal utility district, Brazos County Municipal Utility District No. 2 (the “District”); and WHEREAS, the District has held its confirmation election on the uniform election date in May 2017; and WHEREAS, City Council, contemporaneously with its adoption of this Resolution, is approving and entering into agreements with the owners of the Land and the District that address the issues related to development of the Land by the owners , the District and future districts created on the RESOLUTION NO. 07-25-19-06 Page 2 of 18 Land, including without limitation, water supply, wastewater treatment, drainage, roads, application of certain City ordinances and standards, parks, and the needs of the City in relation to the potential for future annexation of the Land into the City (collectively, the “Agreements”); and WHEREAS, the City desires to consent to the creation of the District and inclusion therein of the approximately 995.30 acres of land more particularly described in Exhibit “B” attached hereto and incorporated herein (the “Tract”); and WHEREAS, the City desires to grant its consent to the creation of up to an additional four municipal utility districts and the inclusion therein of the Land within the City’s Extraterritorial Jurisdiction in the event that such districts are created; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby confirms its grant of consent to the creation of Brazos Municipal Utility District No. 2 (the “District”) and the inclusion of the Tract in such District subject to and specifically conditioned upon compliance with this Resolution. PART 2: That the City Council hereby grants its consent to the creation of up to an additional four municipal utility districts encompassing the Land and the inclusion therein of the Land subject to and specifically conditioned upon compliance with this Resolution. PART 3: That Resolution No. 06-09-16-02 adopted on or about June 9, 2016, is hereby repealed. PART 4: That notwithstanding Resolution No. 01-09-14-01, this Resolution sets forth all of the terms and conditions upon which the City consents to the creation of the District. PART 5: That the consent in this Resolution is conditioned upon compliance with the Agreements and with those consent conditions on Exhibit “C,” attached hereto and incorporated herein. PART 6: That the term “consent” as used in this Resolution has the meaning provide in Section 42.042 (d), Texas Local Government Code, to wit, authorization to initiate proceedings to create the District as provided by law. RESOLUTION NO. 07-25-19-06 Page 3 of 18 PASSED, ADOPTED and APPROVED this 25th day of July, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED AS TO FORM: _______________________________ City Attorney RESOLUTION NO. 07-25-19-06 Page 4 of 18 EXHIBIT “A” THE LAND RESOLUTION NO. 07-25-19-06 Page 5 of 18 RESOLUTION NO. 07-25-19-06 Page 6 of 18 RESOLUTION NO. 07-25-19-06 Page 7 of 18 RESOLUTION NO. 07-25-19-06 Page 8 of 18 RESOLUTION NO. 07-25-19-06 Page 9 of 18 RESOLUTION NO. 07-25-19-06 Page 10 of 18 RESOLUTION NO. 07-25-19-06 Page 11 of 18 RESOLUTION NO. 07-25-19-06 Page 12 of 18 EXHIBIT “B” THE TRACT RESOLUTION NO. 07-25-19-06 Page 13 of 18 RESOLUTION NO. 07-25-19-06 Page 14 of 18 RESOLUTION NO. 07-25-19-06 Page 15 of 18 RESOLUTION NO. 07-25-19-06 Page 16 of 18 RESOLUTION NO. 07-25-19-06 Page 17 of 18 EXHIBIT “C” CONSENT CONDITIONS A. The District may issue or refund bonds only for the purpose of acquiring, purchasing or constructing, under contract with the City of College Station (the “City”) or otherwise, waterworks systems, wastewater systems, storm water systems, drainage facilities, and 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 the same, and to sell water, wastewater and other services within or without the boundaries of the District, unless otherwise agreed to by the City. Such bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance without premium and shall only be sold after the taking of public bids therefor, other than refunding bonds, which may be sold on a negotiated basis, and none of such bonds, other than refunding bonds, shall be sold for less than ninety-five (95) percent 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, shall not exceed two (2) percent above the highest average interest ra te reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period next preceding the first date notice of the sale of such bonds is published, and bids for the bonds shall be received not more than forty-five (45) days after notice of sale of the bonds if so published. The resolution or order authorizing the issuance of the District's bonds will contain, if applicable, a provision that the pledge of the revenues from the operation of the District's water and wastewater and/or drainage systems to the payment of the District's bonds will terminate if and when the City annexes the District or takes over the assets of the District and assumes all of the obligations of the District. The District may annex or deannex any land within the development as described in Exhibit “A” (the “Development”) without future written consent or action of the City Council; provided, however, no land will be added or annexed to the District outside the boundaries of the Development until the City has given its written consent by action of the City Council on such addition or annexation. No bonds of the District may be issued without specific City consent if the City has given notice to the District that it intends to annex and/or dissolve the District within 365 or fewer days after such notice. The District will promptly provide the City with the Official Statement regarding the issuance of the bonds, once it is complete. If the District is a municipal management district, it shall obtain City approval of all bonds it issues in accordance with Section 375.207, Texas Local Government Code. Refunding bonds must comply with all City ordinances pertaining the sale of refunding bonds by a District within the City ’s boundaries or its extra-territorial jurisdiction, as such ordinances may be amended from time to time. B. Before the commencement of any construction within the District, the District, its directors, officers, or developers and/or landowners shall submit to the Director of Planning and Development Services of the City, or to his designee, all plans and specifications for the construction of water, wastewater, drainage , recreational and road facilities and related RESOLUTION NO. 07-25-19-06 Page 18 of 18 improvements to serve the District and obtain the City ’s written approval of such plans and specifications. All water wells, water meters, flushing valves, valves, pipes and appurtenances thereto, installed or used within the District, shall conform exactly to the then - applicable specifications of Wellborn Special Utility District. All water service lines, wastewater service lines, lift stations, wastewater treatment facilities , road facilities and appurtenances thereto installed or used within the District shall comply with the City’s standards, the approved plans and specifications and the applicable ordinances, resolutions, or regulations of the City, unless otherwise agreed to in writing by the City and the District. Prior to the construction of such facilities within or by the District, the District or its engineer shall give written notice by registered or certified mail to the Director of Planning and Development Services , or his designee, stating the date on which such construction will be commenced. The construction of the District's water, wastewater, drainage, and road facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City and as approved by the City Engineer and the Director of Planning and Development Services of the City. During the progress of the construction and installation of such facilities, a designated representative of the City may make periodic on-the-ground inspections in order to determine that the installation and construction conform with the approved pla ns and specifications and the applicable standards and specifications of the City. In the event that it is determined by the representative of the City that construction and/or installations are not being performed in conformance with the approved plans and specifications and with the applicable standards and specifications of the City, upon being so informed by a duly designated City representative, the District agrees to discontinue further construction and installation of all facilities until the cause of the non- compliance is resolved. C. In the event that the District operates a wastewater treatment plant, the District agrees it will employ a wastewater plant operator holding an applicable, valid certificate of competency issued under the direction of th e Texas Commission on Environmental Quality (“TCEQ”). The District shall make periodic analyses of its discharge pursuant to the rules of the TCEQ and shall, at the request of the City, send copies of all such effluent data to the Department of Development and Community Services, as well as to the TCEQ. Representatives of the City may supervise the continued operations of the wastewater treatment facility by making periodic inspections thereof. D. The District shall not provide water, wastewater or drainage facilities to any tract of land until the owner or developer of said tract has, prior to the sale of any subdivided lots or parcels of land, duly recorded a plat in the map and plat records of the county in which the District lies and which plat has been previously approved by the Planning and Zoning Commission of the City. The District may not provide service to any land outside the Development without the prior written consent of the City.