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Home My WebLink AboutRES 880040.3 - Rabbit Hill MUD CreationRESOLUTION NO. 880040.3 RESOLUTION CONSENTING TO CREATION OF RABBIT HILL MUNICIPAL UTILITY DISTRICT NO. 1 WHEREAS, pursuant to Section 54.016, Chapter 54, Texas Water Code, R. B. Motheral, as representative of First Development, Inc. has filed a request for consent from the City of Georgetown to create Rabbit Hill Municipal Utility District No. 1; and WHEREAS, all of the proposed Rabbit Hill Municipal Utility District No. 1 lies within the extraterritorial jurisdiction of the City of Georgetown (as defined in Article 970a, Vernon's Texas Civil Statutes); and WHEREAS, it is proposed that Rabbit Hill Municipal Utility District No. 1 provide water, wastewater, storm drainage and other facilities and services to the land within its boundaries; Now, Therefore, 0 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 Rabbit Hill Municipal Utility District No. 1 (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 the 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 and development of land within the City's extraterritorial jurisdiction shall apply to the subdivision and platting and development of land in the District. 4. That Rabbit Hill Municipal Utility District No. 1 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 Rabbit Hill Municipal Utility District No. 1. 5. The District shall not furnish water and/or wastewater service to any area unless the City certifies that the area has been platted in accordance with the City's subdivision regulations or that platting is not required. 1 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, and facilities necessary to: a. provide a water supply for municipal uses, fire protection, 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 other lawful services a district may provide, all pursuant to State law and the rules and regulations of the Texas Water Commission. (2) For the purposes of paying other costs and expenses authorized to be paid from bond proceeds by State law and the rules and regulations of the Texas Water Commission, 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 4% 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 2% of any bond issue. d. Engineering fees shall not exceed 8% of the cost of construction of the facilities to be constructed 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. 2 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 $100,000.00 or 1% of the amount of the bond issue, whichever is greater. h. Total reimbursement for District operating and administrative expenses paid by the proponents of the District shall not exceed $100,000.00 unless specifi— cally approved by the City Council of the City of Georgetown, TX. i. Acquisition of easements and payment therefor shall be governed by State law and the rules and regulations of the Texas Water Commission. B. Unless otherwise approved by the City Council of ,,this City, all bonds issued by the District shall expressly provide that the District reserves the right to redeem the bonds on the tenth (loth) anniversary of their date of issuance or the 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. D. The Developer shall bear thirty percent (30%) of all costs involved in the construction and installation of local or internal water and wastewater lines and drainage facilities, without exception. 7. 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 partially compensating the City upon the annexation of the District. 8. The District shall take out City building permits and shall meet all City construction codes. 9. The Parties shall establish a mechanism for the City to be involved in any determination of future MUD tax levies. 10. The District agrees to participate in the utility scheme for the Rabbit Hill area and agrees to pay its proportionate share of utility extensions when City service is available. 3 11. Parties agree that the conditions of this Resolution may be amended from time to time by mutual agreement. PASSED AND APPROVED this 26th day of January, 1988. ATTEST: Le Willough City Secretary CITY OF GEORGETOWN BY: Jim Colbert, Mayor 4 EXHIBIT A FIELD NOTES 95.5 Acre Tract BEING all that certain tract or parcel of land situated in the County of Williamson and State of Texas, and being out of the Jas. S. Patterson and the F.A. Hudson Surveys, and more particularly described as follows: BEGINNING at the Southwest corner of the herein described tract of land, said point being located N68-11-11E, 5,068.5 feet from the Northeast intersection of Westinghouse Road (County Road 111) and the East right -of -Fray of IH-35; THENCE N66-15-06E, 258.80 feet to a concrete marker for a point along the North ROW of County Rd. ill; THENCE N71E, 1,324.15 feet to a post for a point along the said North ROW of County Road 111; THENCE N87-59-49E, 70.19 feet to a post for a point along the said County Road Row; THENCE N70-29-13E, 169.37 feet to a post for the Southeast corner; same being the Southwest corner of the J.J. Dimmitt Farm at the corner post of the fence on the North margin of a public road; THENCE N20-43-51W, 2,679.58 feet to the Northeast corner hereof; being an ell corner of the said Dimmitt Farm; THENCE S70-24-54W, 1,387.22 feet to a corner post for the Northwest corner of this tract; THENCE S19-24-55E, 1,284.62 feet to a corner post for a corner; THENCE S69-25-21W, 159.79 feet to a corner post for a corner; THENCE S19-45-37E, 505.733 feet to a pin for a corner; THENCE S69-56-45W, 207.56 feet to a pin for a corner; THENCE S19-03-06E, 868.13 feet to a pin for the Southwest corner of this tract and POINT OF BEGINNII., and containing 95.5 acres of land, more or less. THE STATE OF TEXAS CITY OF GEORGETOWN COUNTY OF WILLIAMSON LETA F. WILLOUGHBY I, , being the current City Secretary of the City of Georgetown, Texas do hereby certify that the above is a true and correct copy of a resolution of the City Council of the City of Georgetown, and such resolution was duly adopted at a meeting open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Article 6252-17 , Section 3A, VATCS . Dated this (6 6b day of A4, 1988. (: �� , " wov-- CITY SECRETARY THE STATE OF TEXAS CITY OF GEORGETOWN COUNTY OF WILLIAMSON LETA F. WILLOUGHBY I, , being the current City Secretary of the City of Georgetown, Texas do hereby certify that the above is a true and correct copy of a resolution of the City Council of the City of Georgetown, and such resolution was duly adopted at a meeting open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Article 6252-17, Section 3A, VATCS. Dated this day of CITY SECRETARY , 1988.