HomeMy WebLinkAboutRES 09.01.1983 - MUD No. 5RESOLUTION CONSENTING TO
CREATION OF WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 5
WHEREAS, pursuant to Section 54.016, Chapter 541 Texas Water
Code, Bobby G. Stanton, Roy L. Headrick, Jr., and Janie Headrick
have filed a request for consent from the City of Georgetown to
create Williamson County Municipal Utility District No. 5; and
WHEREAS, part of the proposed Williamson County Municipal
Utility District No. 5 lies within the extraterritorial
jurisdiction of the City of Georgetown (as defined in Article
970a, Vernon's Texas Civil Statutes) and the balance lies outside
the City's extraterritorial jurisdiction; and
WHEREAS, it is proposed that Williamson County Municipal
Utility District No. 5 provide water, wastewater, storm drainage
and other facilities and services to the land within its
boundaries; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN
THAT:
The City of Georgetown grants its consent to (a) the
inclusion of the land described in Exhibit "A" (attached hereto
and incorporated herein for all purposes) within Williamson
County Municipal Utility District No. 5 (hereafter "District"),,
(b) the creation of the District, and (c) the issuance of bonds
by the District. This consent is granted subject to the
following provisions and restrictions:
1. The provisions and restrictions specified in this
resolution apply to all land now within or hereafter added or
annexed to the District, regardless of whether or not the land is
within the extraterritorial jurisdiction of the City.
2. No land may be added or annexed to the District until a
request therefor has been submitted to and approved by the City.
3. The City's rules and regulations pertaining to
subdivision platting of land within the City's extraterritorial
jurisdiction shall apply to the subdivision and platting of land
in the District.
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4. That Williamson County Municipal District No. 5
construct all facilities to serve the land in accordance with the
plans and specifications which have been approved by the City of
Georgetown; and, that the City have the right to inspect all
facilities being constructed by the Williamson County Municipal
Utility District No. 5.
5. The District shall not furnish water or wastewater
service to any customer in a subdivision unless the subdivision
has been approved by the City.
6. Bonds.
A. The District may issue bonds only for the following
purposes:
(1) For the purchase, construction, acquisition, repair,
extension, and improvement of land, easements, works,
improvements, facilities, plants, equipment and appliances
necessary to:
a. provide a water supply for municipal uses, domestic
uses and commercial purposes;
b. collect, transport, process, dispose of and control
all domestic, industrial or communal wastes whether
in fluid, solid or composite state;
c. gather, conduct, divert and control local storm water
or other local harmful excesses of water in the
District;
d. provide for reclamation and drainage of land,
including parkland; and
e. provide solid waste collection services and fire
protection, and, if approved by the City Council of
this City, other lawful services a district may
provide, all pursuant to State law and the rules and
regulations of the Texas Department of Water
Resources.
(2) For the purpose of paying other costs and expenses
authorized to be paid from bond proceeds by State law and the
rules and regulations of the Texas Department of Water Resources,
30
subject to the following limitations (unless otherwise approved
by the City Council of this City):
a. The discount, if any, on the bonds shall not exceed
3% of any bond issue.
b. Fiscal advisory fees shall not exceed 2% of any bond
issue.
C, Legal fees and bond counsel fees shall not exceed 3%
of any bond issue.
d. Engineering fees shall not exceed 8% of the cost of
construction of the facilities to be costructed or
purchased with proceeds from any bond issue.
e. Costs of surveying and construction staking shall not
exceed 2% of the cost of construction of the
facilities to be constructed or purchased with
proceeds from any bond issue.
f. Capitalized interest for any bond issue shall not
exceed the amount required to pay two (2) years'
interest on the bonds.
g. Total reimbursement for District creation and
organization expenses paid by the proponents of the
District shall not exceed $75,000.00.
h. Total reimbursement for District operating and
administrative expenses paid by the proponents of the
District shall not exceed $75,000.00.
i. Acquisition of easements and payment therefor shall
be governed by State law and the rules and
regulations of the Texas Department of Water
Resources.
B. Unless otherwise. approved by the City Council of this
City, all bonds issued by the District shall expressly provide
that
t h e District reserves
the right
to redeem the bonds
on
the.
tenth
(10th) anniversary
of their
date of issuance
or
any
interest payment date subsequent thereto.
C. None of the restrictions and provisions in this
resolution on the issuance of District bonds shall be construed
or applied to render the bonds of the District unmarketable.
3/
D. The Developer shall bear thirty percent (30%) of all
costs involved in the construction and installation of local or
qvJ /iN/t5
internal water wastewater and drainage facilities, without
exception.
7. It is desired that there be an organized sewer system in
the District, therefore, not more than 20% of the total acreage
in the District shall be served with septic tanks except for
those lots which are one acre or greater in size.
8. The City shall be authorized and hereby reserves the
rights specified in subsection (h) of Section 54.016, Texas Water
Code, which provides that after annexation of the District to the
City, the City may set additional rates for water and/or sewer
services For property that was within the territorial boundary of
the District at the time of annexation, which rates may vary from
those for other properties within the City, for the purpose of
wholly or oartially compensating the City for the obligations of
the District assumed by the City upon the annexation of the
District.
The contract between the City and the persons petitioning
for creation of the District required by subsection (h) of
Section 54.016, Texas Water Code, is attached hereto. The
execution of the agreement is a condition of the City's consent
to the creation of the District grar..ted by this Resolution. The
City Manager of the City is. authorized and directed to execute
the agreement on behalf of the City and the City Clerk is
directed to attest the City Manager's signature.
9. Parties agree that the conditions of this resolution may
be amended from time to time by mutual agreement.
PASSED AND APPROVED this 1st day of September , 1983.
CITY OF GEORGETOWN
BY:
� t
Dr. Eb C. Girvin, Mayor Pro -tem
ATTEST:
j
JIM COLBERT
CITY CLERK
32-.
EXHIBIT "A"
PERIMETER FIELD NOTES:
S 7616
BEING 328.31 acres of land, of which 0.69 of an care is situated in the
David Wright Survey, Abstract No. 13, and 327.62 acres are situated in
the William Roberts Survey, Abstract No. 524, in Williamson County, Texas;
said land being a portion of that certain tract of wand, called 788.186
acres, as conveyed to Bobby G. Stanton, by deed as recorded in Volume 849,
Page 264 of the Deed Records of Williamson County,Texas, and all of that
certain tract of land, called 6.30 acres, as conveyed to 'Roy L. Headrick,
Jr., and wife, Janie Headrick by deed as recorded in Volume 660, Page
204 of the Deed Records of Williamson County, Texas. Surveyed on the
ground in the month of May, 1983, under the supervision of Don H. Bizzell,
Registered Public Surveyor, and being more particularly described as follows
BEGINNING at a point in the center of Berry's Creek for the most easterly
corner of the above -referenced 6.30 acre Headrick tract, for the most
easterly corner hereof;
THENCE, S 750 52' W, 383.40 feet to an iron pin found; and N 67° 07' W,
203.30 feet to an iron pin found marking an interior corner of the said
6.30 acre Headrick tract, for an interior corner hereof;
THENCE, S 430 13' W, 82.00 feet to an iron pin found; S 16° 44' W. 157.50
feet to an iron pin Found; and S 9° 19' W. 392.50 feet to an iron pin found
on the north line of Indian Mound Road marking the S.E. corner of the said
6.30 acre Headrick tract, for a southeasterly corner hereof;
T4ENCE, N 860 35' W, along the said north line of Indian Mound .'Road,. 70.00
feet to an iron pin found marking the S.W. corner of the said 6.30 acre
Headrick tract and the N.E. corner of HISTORIC ACRES, (an unrecorded sub
division) and for a southeasterly corner of the said 788.186- acre tract,
for a southeasterly corner hereof;
THENCE, with a fence as follows; S 79°54' W, 304.79 feet to an iron
pin' found; S 77°12' W, 49,74 feet to a nail at a 30" Oak; S 83°29' k,
364.12 feet to an iron pin found; S 86°16' W, 37.9.49 feet to a nail
at a railroad tie in concrete; S 76026' W, 463.75 `set to a 1/2"
Rebar found; S 84°34' W, 185.63 feet to a nail at a 19" Oak; S 76°51' W,
155.66 feet to a nail at a 30" Oak; S 70°48' W, 153.37 feet to a nail
at a 20" Oak; S 74°49' W, 232.02 feet to a nail at a fence post;
S 75°54' W, 239.76 feet to a nail at a 26" Live Oak; S 63°56' W,
202.12 feet to a nail at a 10" Live Oak; S 71913' W, 161.81 feet to a
nail at a 16" Cedar; and S 76°03' W, 348.39 feet to a 1/2" Rebar
found 'marking the NW corner of the said HISTORIC ACRES, for an interior
corner of the said 788.186- acre tract, and for an interior corner
hereof;
THENCE, with a fence as follows; S 14°23' W, 153.43 feet to an iron
pin set; S 4°16' W, 210.08 feet to an iron pin found; S 14°42' W,
358.62 feet to an iron pin found; S 37°09' W, 292.21 feet to an iron
pin found marking the SW corner of the said HISTORIC ACRES; and S 33*42' W,
752.73 feet to an iron pin found for an interior corner of the said
788.186- acre tract, and for an interior corner hereof;
THENCE, with a fence, S 18°.14' E, 575.32 feet to an iron pin set, for
the most easterly N.E. corner of a proposed subdivision to be known as
Serenada East, Unit Five, for the most southerly S.E. corner hereof;
THENCE, S 71° 46' W, 332.44 feet to an iron pin set, for an interior
corner of the said Serenada East, Unit Five, for the most southerly
S.W. corner hereof;
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S 7616 33
PERIMETER FIELD NOTES, Continued;
THENCE, N 16' 58' W, 90.00 feet to an iron pin set, for a northeasterly
corner of the said Serenada East, Unit Five, for an interior corner hereof;
THENCE, S 73' 02' W, 210.00 feet to an iron pin set on the East line o:
Alhambra Drive, for an interior corner of the said Serenada East, Unit
Five, for a southwesterly corner hereof;
THENCE, N 16' 58' W, 25.00 feet, along the said East line of Alhambra
Drive to an iron pin set, for a northeasterly corner of the said
Serenada East, Unit Five, for an interior corner hereof;
THENCE, crossing the said Alhambra Drive, S 85' 59' W, at 73.04 feet pass an
iron pin set on the South line of Logan Road and continuing along the
said South line of Logan Road, for a total distance of 272.71 feet, in all,
to an iron pin set at the beginning of a curve to the right, (Radius
583.79 feet, Long Chord bears N 82' 47' W, 227.38 feet);
THENCE, along the said curve an arc distance of 228.85 feet
to an iron pin set;
THENCE, N 71' 33' W, 34.89 feet to an iron pin set at the
beginning of's curve to the left, (Radius - 514.25 feet, Long
Chord bears N 78' 52' W, 130.90 feet);
THENCE, along the said curve an arc distance of 131.26 feet
to an iron pin set;
THENCE, N 86' 10' 3011 W, 2.33 feet to an iron pin set, for the
N.W. corner of the said Serenada East, Unit Five, for a south-
westerly corner hereof; said point being on the East line of
Lot 55 of Logan Ranch, a subdivision of record in Cabinet E,
Slides 7-12, of the Plat Records of Williamson County, Texas,
being a westerly line of the said 788.186 -acre trach;
THENCE, N 8°`17' E, 5.00 feet to an iron pin found and N 8' 16' E,
25.08 feet to an iron pin in the center of an existing 50 -foot -wide
Access Easement known as Logan Road, marking the most southerly N.E.
corner of the said Logan Ranch, an interior corner of the said 788.186 -
acre tract and an interior corner hereof;
THENCE, along the center of the said existing 50 -foot -wide Access
Easement, as follows;
N 86' 10' W, 72.49 feet to an iron pin;
THENCE, N 80' 59' W, 243.74 feet to an iron pin at the
beginning of a curve to the left, (Radius - 569.26 feet,
Long Chord bears N 89' 40' W. 171.77 feet);
THENCE, along the said curve an arc distance of 172.43 feet;
THENCE, S 81' 40' W, 112.95 feet to an iron pin set at the
beginning of a curve to the left, (Radius - 1951.23 feet,
Long Chord bears S 76' 28' W, 352.89 feet);
THENCE, along the said curve an arc distance of 353.37 feet;
THENCE, S 71' 17' W, 378.31 feet to an iron pin marking an
interior corner of the said Logan Ranch, a southwesterly
corner of the said 788.186 -acre tract, for a southwesterly
corner hereof;
Page 2 of 3
Gteger t BL33el1, Lno.
CONSLILT114 ENOIN[EM - 01JRYEYOR6
P. O. BOX ON .GEORGETOWN. TX TWO
34-
S 7616
PERIMETER FIELD NOTES, Continued;
THENCE, N 189 43' W, 577.37 feet to an iron pin set, for a northeasterly
corner of the said Logan Ranch, an interior corner of the said 788.186 -
acre tract, for an interior corner hereof;
THENCE, S 700 53' W, 1,099.19 feet to an iron pin marking an interior
corner of the said Logan Ranch, the most westerly S.W. corner of the
said 788.186 -acre tract, for the most westerly S.W. corner hereof;
THENCE, N 280 07' W, 827.65 feet to an iron pin; and N 120 09' W.
664.91 feet to an iron pin marking an interior corner of the said
Logan Ranch, the most westerly N.W. corner of the said 788.186 -acre
tract, for the N.W. corner hereof;
THENCE, N 710 47' E, 1,726.62 feet to an iron pin; N 62° 17' E, 618.91
feet to an iron pin; N 520 37' E, 720.00 feet to an iron pin; N 71° 59' E,
1,355.92 feet to an iron pin; N 66° 49' E, 325.09 feet to an iron pin;
and N 700 59' E, at 1,359.76 feet pass an iron pin marking the most
westerly corner of that certain tract of land, called 0.70 of an acre,
for a total distance of 1,744.50 feet, in all, to an iron pin marking
the S.E. corner of the said 0.70 -acre tract, for an interior corner
hereof;
THENCE, N 89° 54' E. 1,954.92 feet to a 40d nail set at a 16" Elm marking
the N.W. corner of the said 6.30 acre Headrick Tract for a corner hereof;
THENCE, with a fence, N 780 32' E, 37.99 feet to a 40d nail set at a 10"
Elm; N 810 15' E, 60.21 feet to a 40d nail set at a 6" Oak; S 89° 05' E,
53.10 feet to a 40d nail set at a 5" Elm; S 67° 47' E, 23.72 feet to a 40d
nail set at a 4" Elm; and N 760 08' E, 63.39 feet, to a point in the center
of Berry's Creek, for the N.E. corner of the said 6.30 acre Headrick tract,
for th N.E. corner hereof;
THENCE, downstream, along the center of Berry's Creek, with its meanders,
S 51° 51' E, 548.63 feet to a point and S 48° 56' E, 115.61 feet to the
Place of BEGINNING and containing 328.31 acres of land.
STATE OF TEXAS Z
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON X
I, Don H. Bizzell, Registered Public Surveyor, do hereby certify that the
afore -described tract of land was surveyed on the ground under my personal
supervision during the month of May, 1983, and that said description is
true and correct to the best of my knowledge and belief.'
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County,
Texas, this the 22n ay of August, 1983, A. D.
OF T
,gyp ,.• ►•.,F.�.
Don H. Bizzel�
l s
Registered Public Su or, No. 2218. ......
'*
...............:...
State of Texas .....Q0N .H,.@iZZfLL
... ..............
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Page 3 of 3
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3S
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON . §
WILLIAMSON COUNTY TAX APPRAISAL DISTRICT
OFFICE OF CHIEF APPRAISER
TO WHOM IT MAY CONCERN:
I, the undersigned Chief Appraiser for Williamson County Tax
Appraisal District of Williamson County, Texas, hereby certify that
I have examined the attached and foregoing Petition for the Organiza-
tion of WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 and
further certify that the Petitioners named therein and who signed the
Petition are all of the holders of title to all,of the lands described
in Exhibit "A" attached to said Petition, as indicated by the tax
appraisal rolls of the Williamson Co my Tax Appraisal District.
EXECUTED this day of -"' 1983.
NORMA FL NN, Chibf ChiAppraiser
Williamson County Tax Appraisal District,
Williamson County, Texas
(SEAL'