HomeMy WebLinkAboutRES 082719-W - Parkside River MUDResolution No. 1Zw� ) Ot— W
A RESOLUTION GRANTING THE CONSENT OF THE CITY OF
GEORGETOWN, TEXAS TO THE CREATION OF A MUNICIPAL
UTILITY DISTRICT TO BE KNOWN AS "PARKSIDE ON THE RIVER
MUNICIPAL UTILITY DISTRICT NO. i" WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF
GEORGETOWN, TEXAS
WHEREAS, the City of Georgetown (the "Cb") received a Petition for the Consent to
Creation of a Municipal Utility District upon 272.512 acres of land located in the extraterritorial
jurisdiction of the City, a copy of which Petition is attached as Exhibit "A" (the "Petition"); and
WHEREAS, Section 54.o16 of the Texas Water Code and Section 42.042 of the Local
Government Code provide that land within the extraterritorial jurisdiction of a municipality may
not be included within a district without the municipality's written consent; and
WHEREAS, the land described in the Petition constitutes a portion of the remaining land
described in the "Amended and Restated Consent Agreement Concerning the Water Oak
Subdivision (f/k/a ABG Subdivision)" between the City, Laredo W.O., Ltd., and Williamson
County Municipal Utility District No. 25 recorded in the Official Public Records of Williamson
County, Texas as Document No. 2012oo6198 (the "Consent A reernent") a copy of which is
attached to the Petition, and the Petitioner proposes that the District be created as a "Successor
District," as contemplated by and subject to the terms and conditions of the Consent Agreement;
and
WHEREAS, the land described in the Petition also constitutes a portion of the remaining
land described in the "Amended and Restated Development Agreement Concerning the Water
Oak Subdivision (f/k/a ABG Subdivision)" recorded in the Official Public Records of Williamson
County, Texas as Document No. 2012027844 between the City and Laredo W.O., Ltd., which was
amended by the "First Amendment to the Amended and Restated Development Agreement
Concerning the Water Oak Subdivision," dated to be effective on November 11, 2015, recorded in
the Official Public Records of Williamson County, Texas as Document No. 2o16008515
(collectively, Document No. 2012027844 and Document No. 2o16008515 are referred to herein
as the "Development Agreement"); and
WHEREAS, the Petitioner, HM Parkside, LP, a Texas limited partnership is a successor in
interest Laredo W.O., Ltd. under the Consent Agreement and the Development Agreement and
owns the land described in the Petition.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS:
Section 1. That the Petition meets the requirements of Section 2.02 of the Consent
Agreement, and the City Council of the City of Georgetown, Texas, gives its written consent to the
creation of Parkside on the River Municipal Utility District No. 1 upon the 272.512 acres of land
described in the Petition. The District will constitute a "Successor District" as contemplated and
allowed by the Consent Agreement and will be subject to the terms and conditions set forth in the
Consent Agreement and the Development Agreement.
Resolution No. 0 O2--1 A " w
Consenting to Creation of Parkside at the River MUD No. 1 Paget of 3
Section 2. That the District's road powers shall be limited to the issuance of bonds for
right of way acquisition, design, construction, and financing of the roads described as Parkside
Parkway and Parkway B on Exhibit D attached to the Petition; however, the District's road powers
shall not include the operation and maintenance of Parkside Parkway or Parkway B or the
issuance of Bonds for such purposes because the roads are required under the Consent Agreement
and the Development Agreement to conveyed to Williamson County, Texas for operation and
maintenance.
Section a. That the District provide to the City a final Texas Commission on
Environmental Quality (the "Commission") order approving a bond issue (or the accompanying
staff memorandum) that contains a finding, made in accordance with the Commission's then -
existing rules, that it is feasible to sell Bonds and maintain a projected District total tax rate of not
more than $0.92 per $10o in Assessed Valuation (the "Tax Rate Limit.")
Section 4. That before the submission of an application of approval of issuance of Bonds
to the Commission or to the Texas Attorney General, whichever occurs first, the District's financial
advisor certifies in writing to the City that the Bonds are being issued within the then -current
economic feasibility guidelines established by the Commission for municipal utility districts in
Williamson County, Texas, do not to exceed the Tax Rate Limit, and are in conformity with Article
V of the Consent Agreement.
Section 5. That the Petition attached hereto as Exhibit "A" (including all attachments
to the Petition), and the depiction of Parkside Parkway and Parkway B attached hereto as Exhibit
"B", are hereby incorporated into this Resolution by this reference as if set forth in full; and that
the two agreements included with the above -stated definition of "Development Agreement"
(together with all attachments to the Development Agreement) are also hereby incorporated into
this Resolution by this reference as if set forth in full.
Section 6. All ordinances and resolutions or parts of resolutions and ordinances, that are
in conflict with this Resolution are hereby repealed and are no longer in effect. Notwithstanding
the foregoing, Resolution No. 0226o8-FF and Resolution No. 052212-T pertaining to the creation
of Williamson County Municipal Utility District No. 25 under the terms and conditions of the
Consent Agreement and the Development Agreement are not affected by this Resolution and
remain in full force in effect.
Section 7. The Mayor of the City of Georgetown is hereby authorized to sign this
Resolution and the City Secretary of the City of Georgetown to attest.
Section 8. This Resolution shall become effective on its final passage.
PASSED AND APPROVED on the Lay of Q A 1,f 2019.
List of Attachments:
Exhibit A The Petition (including all attachments to the Petition)
Resolution No. 0- -1 lot-yv
Consenting to Creation of Parkside at the River MUD No. 1 Page 2 of 3
CITY OF GEORGETOWN, TEXAS
(2�L CLIl
Dale Ross, Mayor
ATTEST:
Robyn De &more, City Secretary
Resolution No. uy rx I A& —
Consenting to Creation of Parkside at the River MUD No. 1 Page 3 of 3
PETITION FOR CONSENT TO THE CREATION
OF PARKSIDE ON THE RIVER MUNICIPAL UTILITY DISTRICT NO. 1
STATE OF TEXAS
COUNTY OF WILLIAMSON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS:
The undersigned (the "Petitioner"), acting pursuant to the provisions of Chapters 49 and
54, Texas Water Code, as amended, and the Amended and Restated Consent Agreement
between the City of Georgetown, Texas (the ""), Laredo W.O., Ltd., and Williamson County
Municipal Utility District No. 25 recorded in the Official Public Records of Williamson County,
Texas as Document No. 2012oo6198 (the "Consent Ailreement"), respectfully petitions the City
Council of the City, for its written consent to the creation of a municipal utility district over the
land described by metes and bounds on the attached Exhibit "A" (the "Property"), and, in
support of this Petition, would show the following:
I.
The name of the proposed district is Parkside on the River Municipal Utility District No.
1 (the "Districf '). There is no other conservation or reclamation district in Williamson County,
Texas with the same name.
II.
The District is proposed to be created and organized under the terms and provisions of
Article XVI, Section 59 and Article III, Section 52 of the Texas Constitution and Chapters 49 and
54, Texas Water Code, as amended.
The District is proposed to contain all of the Property, which consists of an area of
approximately 272.512 acres of land situated in Williamson County, Texas, as more particularly
described on Exhibit "A'. All of the territory proposed to be included may be properly
included in the District. All of the Property proposed to be included in the District is located
within the extraterritorial jurisdiction of City. The Property constitutes a portion of the
remaining land described in the Consent Agreement, a copy of which is attached as Exhibit
"B". The Petitioner proposes that the District be created as a "Successor District", as defined in
and subject to the terms and conditions of the Consent Agreement.
IN.
The Petitioner holds title to and is owner of a majority in value of the Property as
indicated by the tax rolls of Williamson County, Texas. The only lienholder on the land, First
United Bank and Trust Company, has consented to the creation of the District as evidenced by
the Certificate of Lienholder's Consent attached as Exhibit "C".
fW0912836.21
0
The general nature of the work to be done by the District at the present time is (a) the
design, construction, acquisition, improvement, maintenance, extension, financing and issuance
of bonds for (i) a water works and sanitary sewer system for domestic and commercial purposes;
(ii) works, improvements, facilities, plants, equipment and appliances helpful or necessary to
provide more adequate drainage for the District and to control, abate and amend local storm
waters or other harmful excesses of waters; (iii) park and recreational facilities; and (iv) such
other additional facilities, systems, plants and enterprises as are consistent with all of the
purposes for which the District is created; and (b) the design, acquisition, construction,
financing, issuance of bonds for and conveyance to the Williamson County for operation and
maintenance the roads described as Parkside Parkway and Parkway B as depicted on the
attached Exhibit "D" (the "Road Improvements").
VI.
There is a necessity for the above -described work, because there is not now available
within the area an adequate waterworks system, sanitary sewer system, drainage and storm
sewer system, park and recreational facilities system, or roadway system to serve the Property,
which will be developed primarily for single-family residential use. The health and welfare of the
present and future inhabitants of the Property and adjacent areas require the purchase, design,
construction, acquisition, ownership, operation, repair, improvement and extension of an
adequate waterworks system, sanitary sewer system, drainage and storm sewer system, park
and recreational facilities; and the Road Improvements. A public necessity therefore exists for
the creation of the District in order to provide for the purchase, design, construction,
acquisition, ownership, operation, repair, improvement and extension of a waterworks system, a
sanitary sewer system, a drainage and storm sewer system, park and recreational facilities, and
the Road Improvements in order to promote the purity and sanitary condition of the State's
waters and the public health and welfare of the community.
VII.
The proposed improvements are feasible and practicable, and the terrain of the land to
be included in the proposed District is such that a waterworks system, a sanitary sewer system, a
drainage and storm sewer system, park and recreational facilities, and the Road Improvements
can be constructed at a reasonable cost.
VIII.
A preliminary investigation has been made to determine the cost of the proposed
District's projects, and it is now estimated by the Petitioner, from such information as it has at
this time, that such cost will be approximately $33,050,000.
IX.
Petitioner, by submission of this Petition, request the City's consent to the creation of the
District as a Successor District pursuant to the Consent Agreement. The Petitioner expressly
acknowledges that the City's consent will be subject to the terms and conditions of the Consent
Agreement and the resolution of the City consenting to the creation of the District.
fW0912836.21
Petitioners request that this petition be heard and that the City Council duly pass and
approve a resolution granting in its consent to the creation of the District and authorizing the
inclusion of the Property within the District within 3o days of submission of this Petition
pursuant to Article II, Section 2.02(c) of the Consent Agreement.
EXECUTED on the date or dates indicated below, to be effective the 8th day of August,
2019.
HM Parkside, LP, a Texas limited partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporation
Date:
THE STATE OF TEXAS
COUNTY OF TRAVIS
Blake J. Magee, President
This instrument was acknowledged before me on the day of ,
20ig, by Blake J. Magee, President of Hanna/Magee GP #1, a Texas corporation, general partner
of HM Parkside, LP, a Texas limited partnership on behalf of said corporation and limited
partnership.
Notary Public, State of Texas
(seal)
{W0912836.21
EXHIBIT 66X9
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1W0912836.21 Exhibit "X' — Page 1 of 1
Exhibit A-1 Page 1 of 2 Pages
County: Williamson
Project: Parkside on the River
Job No.: A 1913 01
MB No.: 19-050
FIELD NOTES FOR 272.512 ACRES
Being a tract containing 272.512 acres of land located in the J. Thompson Survey, Abstract
Number 608 in Williamson County, Texas. Said 272.512 acre tract being a portion of a call
1,146.591 acre tract of land recorded in the name of HM Parkside, LP, in Document Number
2018114043, Official Public Records Williamson County (O.P.R.W.C.). Said 272.512 acres being
more particularly described by metes and bounds as follows (bearings are referenced to the Texas
Coordinate System, NAD 1983, Central Zone):
Beginning at the southeasterly corner of said 1,146.591 acre tract and the southwesterly corner of
a call 77.902 acre tract of land recorded in the name of Edwin H. Vale, Jr. in Document Number
2017014736, O.P.R.W.C., also being on the northerly Right -of -Way (R.O.W.) line of F.M. 2243
(80' wide);
Thence, with said northerly R.O.W. line, the following five (5) courses:
1. South 69 degrees 01 minutes 48 seconds West, a distance of 1,585.40 feet;
2. 849.66 feet along the arc of a curve to the right, said curve having a central angle of 17
degrees 14 minutes 02 seconds, a radius of 2,824.79 feet and a chord which bears South 77
degrees 38 minutes 49 seconds West, a distance of 846.46 feet;
3. South 86 degrees 15 minutes 50 seconds West, a distance of 563.49 feet;
4. 562.37 feet along the arc of a curve to the left, said curve having a central angle of 16
degrees 31 minutes 30 seconds, a radius of 1,949.86 feet and a chord which bears South 78
degrees 00 minutes 05 seconds West, a distance of 560.42 feet;
5. South 69 degrees 44 minutes 20 seconds West, a distance of 71.58 feet to a southwesterly
corner of said 1,146.591 acre tract, also being the southeasterly corner of a call 22.60 acre
tract of land recorded in the name of Elizabeth Anne Dufner in Document Number
2014063697, O.P.R.W.C. (Tract B);
Thence, with a westerly line of said 1,146.591 acre tract and the easterly line of said 22.60 acre
tract, North 10 degrees 42 minutes 53 seconds West, a distance of 2,663.31 feet to an interior
corner of said 1,146.591 acre tract, and the northeasterly corner of said 22.60 acre tract;
Thence, through and across said 1,146.591 acre tract the following six (6) courses;
1. North 29 degrees 15 minutes 11 seconds East, a distance of 127.38 feet;
2. North 22 degrees 49 minutes 04 seconds East, a distance of 405.02 feet;
3. North 45 degrees 04 minutes 47 seconds East, a distance of 274.89 feet;
Exhibit A-1 Page 2 of 2 Pages
4. North 26 degrees 03 minutes 38 seconds East, a distance of 392.81 feet;
5. North 01 degrees 32 minutes 15 seconds East, a distance of 164.67 feet;
6. North 71 degrees 41 minutes 20 seconds East, a distance of 267.24 feet to an easterly line
of said 1,146.591 acre tract and the westerly line of aforesaid 77.902 acre tract;
Thence, with the common line between said 1,146.591 acre tract and said 77.902 acre tract the
following three (3) courses;
1. 136.11 feet along the are of a curve to the left, said curve having a central angle of 05
degrees 39 minutes 04 seconds, a radius of 1,380.00 feet and a chord which bears South 11
degrees 15 minutes 55 seconds East, a distance of 136.05 feet;
2. North 67 degrees 58 minutes 56 seconds East, a distance of 242.14 feet;
3. North 68 degrees 09 minutes 20 seconds East, a distance of 590.44 feet to the southwesterly
corner of a call 3.080 acre tract of land recorded in the name of HM Parkside, LP in
Document Number 2018114044, O.P.R.W.C.;
Thence, with the common line between said 1,146.591 acre tract and said 3.080 acre tract, North
68 degrees 08 minutes 50 seconds East, a distance of 157.00 feet to the southeasterly corner of
said 3.080 acre tract and a southwesterly corner of aforesaid 77,902 acre tract;
Thence, with the common line between said 1,146.591 acre tract and said 77.902 acre tract the
following two (2) courses;
1. North 68 degrees 08 minutes 38 seconds East, a distance of 901.90 feet;
2. South 20 degrees 54 minutes 54 seconds East, a distance of 3,791.46 feet to the Point of
Beginning containing 272.512 acres.
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
GBI Partners, LP
TBPLS Firm No. 10194150
Ph: 512-296-2675
August 1, 2019
ALAN S. HORT(
.................
5768
` ,..SU
EXHIBIT "B"
CONSENT AGREEMENT — DOC. 2012oo6198 OPR OF WILLIAMSON COUNTY.
TEXAS - -- - - -
f W0912836.21 Exhibit "B" - Page 1 of
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII n`R zeiz0esi9s
AMENDED AND RESTATED CONSENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Amended and Restated Consent Agreement ("Aerecm -nY'� is between the Ciry of
G¢orgetow o, Texas ("the City"J, home -rule city located Williamson County, Tazas,
LAREIJO W.O., Ltd., Texas limited partnership (the "Develops-r' nd "Own r') vtd
Williamson County Mun cipal Utility District No- 25, a cipal utility dastrict created under
Chapters 49 and 54 o{the Texas Water Code <the "1=irst District") -
INTRODUCTION
WHEREAS, the City and Developer entered into that certain Developme-nt Agre em enx
ng Eae Land dated a of November 14, 2006 and r orded i t the O{tidal Records of
Williamtson County as Document No- 200']040905 (the EOri ginal Development Agreement"�,
.which has be nded by that certain "First Am ndv nt to De elopm nt Agre nt" dated
of Sune '7, 2007 rand r orded in the OfPcial Records of Williamson County as Document No.
200"1054980(the "First Amended Development Agreem cot"�, and by that certHi "Second
Amendmsem to Develop ment Agreement" dated of August 28, 200� nd orded -n the
Ofticial Records of Williamson County as Document No. 200']100744 (the 'Second Amended
Development Agreement"), and by that certain "Thir i Apendment to Devebpmeot Agreement"
dated a. of December 1 1, 2007 and r orded in the Ot}icial Records o£ William n County a
Docu mcnt No- 200800445") ([he "Third Amended Development Agrewn ens"),o nd by the
"Fourth Amendment to Development Agreement" dated a of January 18, 2008 ands -orded i
the OfT3cia1 Records of Williamson County Document No- 2008006094 (theme"Fourth
Amended Development Agreement") (collectively the "Prior Development Au nt
Amendm ms") (the Original Development Agrecm enL as a nded by the Prior Development
.A grcem ent Amendm Dots, ar-c referred to collectively herein as the "Development As�reem ent");
and
W"HEREA S, the City and [he Developer also entered nto that certain "OfTs ite Utility
Construction and Cos[ Reimbursement Agreement" dated a of November 14, 2006 and r -orded
t the OTlicial Records oT Williamson County as Document No. 200")040906 (the "Original
O ££site Util itv A¢ - nt"j, which ha he nded by that ertai "First plod Offs ite
Utility Construction and Cost Reim bursem cot Agreement" dated a of ]une 7, 2007ear:d r orded
the OlTiciai Records of Williamson Couv[y Document No- 200"]0549-19 <the c"First
Amended OTfsite Agrevm enC'), and by that certain SSccond Amendment to the Of{ ite Utility
Uonstnsction and Cost Reimbursemc-nt Agreement^ dated a_ of December 1 1, 2007 and r orded
the Of£cial Kecords of \Vil liam son County Document No- 2008004456 (the "Second
Amended Oifsite Agreement"j, and by that certai "Third Amwtdm ens to the Offsite Utility
Construction and Cost Reim bm-sem ens Agreemevt" datetl a- of Decem her 9, 2008 and r orded
Ste OfFicial Kecords of Williamson County Document No- 2009002693 (the ec Third
Amended OTt'sitc Agreement") <collectively the "Prior O£Fsitc Aareem t Amendm enter") (the
Original O££site Ageem enq a ended by the Frior O£{site Agreement Amendments, are
re£etred to. collectively herein as the "O££site Aer nt"�; and
WHEREAS, o n data herewith, the City and the Developer have entered info thak
certain "Amended and Restated Develooment Agreement," herein s called, which supersedes.
vd replaces the Developm ht Ageemeat and the O{{sae Agreement, and wraith addresses the
change in project boundaries, development standards, and provision o£utilities, and
W FIEREA S, the Developer and the City have previously entered into onsent
agreement dated December 12, 200'� (the "Ori ainal Consent Agreement") relating to that certain
property c fisting o£ approximately 190Z']49 a res oY land, and rite City passed and approved
Resolution No:- 022608-FF pursuant to which Ybe City determined that upon ffie saris{action o{
the c nditions set { rtfi in tfie Development Agreement and the Utility Agreement (as tfiose terms
e de£netl herein), the Developer w authorized to create up to £tve (SJ ` m-city" municipal
utility districts on the Original Land. and
WHEREAS, pursuant to the Original Consent Agreement -and a order o£the TCEQ, o
<1) m -cipal utility distract lend s Williaa a Co a[y Mu eipal Utility District No- 25 ha
been c sated on a portion o{ the Original Land ftfie "First District"), and has met and assumed
the obligations o{the Original Consent Ageam¢n[; and
WHEREAS, the City, the Developer and the Firsf District seek to a sad and restate the
Original Cons¢m Agreemem due to changed conditions in ibe real estate and t{nancial markets
to, a ng other things, do -annex certain property fiom the corporate boundaries of the City
limitm change the boundar:es o{ihe Original Land, change the boundaries o{th e. First District,
and to be consistent with the Amended and Restated Development Agreement-
Theref re, { r good and valuable c sideration, the r eipt and su£ticiency o£ which a
hereby acknowicdged, including Sae agreements set { Kfi below, theparties contract as { llows.r¢
ARTICLE I
DEFINITIONS
Section lAl. D¢flni[ions. In addition to the terms defined elsewhere in this Agreement
-n the Ciiy'sordinaaces, the following terms and phrases. used in this. Agreement will have the
meanings set out below:
Amre¢m¢nto This Amended and Restated Consent Agreement between the City o£
Georgetown, Texas, the Developer and the First District and any Successor District as. defined in
Section ]-Ol o{ihis Ageement.
Amended and Restated Develooment Agreement The Amended and Restated
Development Ageement by and between the City and Laredo W.O _, Ltd. dated to be et£ dive
dra even date herewith_
Annexation Tract 256.418 acres o{ land described by metes and bounds in Exhibit A
but excluding the Parldand.
Assicnee: A successor to. Owner as deftned in S¢cHon LOl a£this Agreement.
�: Bonds, notes, o other obligations, including relianding ar refinancing of same,
issued or reissued by the First District and any Successor District.
C i�t �: The Ciiy o{ Gaorg¢towq. Texas, a home rule city located in Williamson County,
Texas.
Citv's Exclus- n Tract: shall mean approximately 268.301 0{ land which w
voluntarily armexed into [hv City limits by Ordinance No. 200']-82 (which i corporated herein
by re{ rent¢), SAVE AND EXCEPT a 0.922 a e portion o{said 268.301 a o{land described
n Exhibit B c fisting of a �Reen £ooi (t S)¢wide scrip of Land approximately 2,909 feet long
with a total area o{ approximately o e (I� a e particularly described in Docum eni No.
19996854'1 £vied in the OF£cial Records of Williamson County and situated parallel to and north
of the Leander Road right-o{--way, which i of made part of the City's Exclusion Tract and
which is not to be de -annexed under Section 2.l o{this Agreement.
Developer: Laredo W.O., Ltd. its permitted sors and signs under this
Agreement which designation shall be used synoaymously¢with Owner sunless otherwise
indicated.
Ef£ dive Dat : The latest data accompanying the signattnre lines below.
Fist District Williamson County Municipal Utility District No. 25, a nicipal utility
district cfeated pursuant to the Original Consent Agreement and Resdlution No. 022608FF , and
having the TCEQ confirmation date of May 1 8, 201 O.
First District's Exclusion Tract Approximately 249.986 ac of land described by
metes and bounds on Exhibit C.
Lan Apprdximaf¢ly 1,354.48 acres b£ land described by metes and bounds on Exhibit
�.
OfF--Sit¢ Facilities: The South San Gabriel Interceptor, as defined in Section 1.01 of this
Agreement.
On -Site Facilities: All water, wastewater, drainage, road and bridge facilities internal to
the Land that arc. necessary to serve the Land.
Original Consent Aereement That certain Co nt Agreement by and between
Developer and the City dated December 12,. 200'7 relating to the Original Land.
n.,a aa.e.� eos=.,c wa.er...e... �At ��e...-ao=x
Ori sepal Land: L709.94R a of ]and described by metes and bounds on Exhibit E, and
which was included in the Original Consent Agreement_
Owner- Laredo W.O., Ltd. or its permitted successors and assigns under this Agreement,
which designation shall be used synonymously with Developer.
Parkland: This term shall have. the s a deRnition o£ "Parkland" a set Forth m the
Amended and Restated Development Agreement ex¢cux¢d to be e££ective an even date herewith.
South San Gabriel Bride¢: The bridge to be c nstrttcted on the Property a rocs the South
ForK of the South San Gabriel River pursuant to the terms and conditions o£ the Amended and
Restated Development Agreement.
South San Gabriel Interceptor: That certain wastewater gravity ollection main of
various diameters begin ing at its i ception as the Wolf Aanch LiR Station west o£IH-35 and
¢xi¢nding to the western boundary o£ the Land c fisting of £ou segments: the Simon Segment
(Phase A South), the Harvard Segment (Phase 6 South), and the ABG Segment (Phase C-1 and
Phase C-2� as generally shown by sKetch on Exhibit F.
South San Gabriel Inter ebtor — Phase C-2: That portion of the Sou[h San Gabriel
lnt¢rceptor beginning at the western terminus of Phase C-I and extending westward to the
westernmost boundary of the Land, as generally shown on Exhibit G
Successor District: Any m cipal utility district c sated aRer the c cation of the First
District over a portion of the Land (but no[ within the Firs[ District or anotherrSucsessor District,
and not including any portion of the ParKlandj in accordance with Chapter 54 o£the Texas Water
Code, this Agreement, the Amended and Restated Development Agreement, and the Consent
Resolution.
Successor District ConiSrmation Date: The date that the TCEQ con£ s creation of a
Successor District.
TCEQ: Texas Commission on Environmental Quality, or its successor agency.
ARTICLE II
DISTRICT CREATION
Section 2.01. G¢n¢ral.
The Developer shall submit to the City a satisfactory review o{tit¢ Developer's
Hnancial position, certi£ed by a third party financial analyst approved byCity, within thirty C30)
days aRer the Effective Date o£this Agreement.
b. The Owner and Developer c ant and agree to cause each Successor District
that is created ko approve, execute, and deliver io Lhe City xhis Amended and Restated Consent
n...e..aea a..a aesmaea Comem ns.ee..,e.,. rw,ti m�....a.,== w
Agreement ana me Amenaea ana Reatatea Development Agreement w:min ninety <90> aays
agar each Successor D:stricx Confitmat:on Date.
The property that is the subject of this Amended and Restated Consent Agreement
s that portion of the Original Land c fisting of approximately 1,354.45 acres owned by Owner
and Developer and shown on Exhibits D but excluding the Parkland, and said property is
referred to herein as the Land.
d_ The City acknowledges the creation, pursuant to the Original Consent Agreement
ana Resolution No. 022608-FF, ofthe First District over a portion of the Original Land.
The Developer and the First District represent and warrant to the City that ffiare
outstanding bonds of the Fint District, and that no Successor Districts have been created
over any portion of the Original Land pursuant to the Original Consent Agreement.
E Except otherwise provided herein - the Amended and Restated
Development Agreemeno with respect to the Parkland, (antl [notwithstanding the terms of the
Original Consent Agreement, the Development Agreemem, or the Utility Agreementj, the First
District and any Successor District shall not be -city" m c:pal utility districts a riginally
omemplated, but shall nstead be located the City'su nxira[erritorial jurisdictmn nd be
xed, if a xed, nto the corporate boundaries of the City, pursuant to the terms. and
conditions of th�s Agreement.
g- Subject to the conditions of Section 2.01(h�, Sae Develope may Hittite [he
rcatien of a sneaeasor D:str:et o r some o all ofine r - ing Lana that :s not alreaay in cne
First District, subject to the tea'�ns and conditions of this Agreement, ana not including any land
-n the Parkland_ Such process shall continue a sary until such time as a minimum of two
(2) but no more than three (3) dstricts have been created on the Lana_
h_ Developer shall c use each Su ssor District to enter into an agree nt with the
City in substantiallythe same form as this Agreement, and including the. following limitation3:
(lj For purposes o{ Section 5.03(e), the latest Bond i e date far any distract
shall be FiReen (l5) years Froaaa the date of the £rst is o£Bonds i ued by
the First District (or fiReen (15) years from the date of the first is a of Bonds
by a Successor District iF a Successor District issues Bonds before the. First
District); nd
(2) A distract may add or exclude land from uch district as permitted by law
provided that a -mum of two (2) but no more than three (3) districts are
created on the Landna
5¢ction 2.02. Cona¢nY to Chang¢ in Bbnna aria or th¢ First District
The City acknowledges r eipt of the Developer's rey oast, i - >rdanrz with
Section 54.016 of the Texas Water Code�Section 42.042 of the Texas Local Govw�nment Code,
hmenaea wN Ryutea Co�sana �Hreemem FaNAt q<an.aocx