CC Resolution No. 2364RESOLUTION NO. 2364
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 80.998 ACRES OF
LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be
included in a municipal utility district unless the governing body of the municipality gives its
written consent in accordance with Chapter 42 of the Texas Local Government Code and
Chapter 54 of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, for its written consent to the annexation by Chambers County Municipal Utility
District No. 1, hereinafter referred to as the "District," of 80.998 acres of land located within the
extraterritorial jurisdiction of the City and more specifically described in Section 1 hereof; and
WHEREAS, the City Council of the City is in support of the proposed annexation of the
80.998 acres described in Section 1 hereof by the District and herein gives its written consent to
the inclusion of such property in the territory of the District subject to the terms and conditions
stated herein, which terms and conditions are generally the same as those placed on the District's
annexation of the 42 acres in 2003; and
WHEREAS, the District who has requested the City Council's consent has assured the City
that the District is willing to accept such consent based upon the terms and conditions as hereinafter
stated, and that the District, in consideration of the City granting its consent for the creation of the
District have agreed, and by the acceptance of the benefits of this resolution, do hereby agree to
comply with the terms and conditions contained herein; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That subject to the terms and conditions specified in Sections 2 and 3
hereof, the City hereby grants its consent to the inclusion in the District of 80.998 acres of land
located within the extraterritorial jurisdiction of the City pursuant to the provisions of Section
42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code. The
land to be included within the District is more particularly described in Exhibit "A" which is
attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land."
Section 2: That the City's consent to the inclusion of the Land in the District is
expressly contingent upon the following:
a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any
bonds of the District, the petitioners will have a duplicate original of this
agreement approved, ratified and executed by the governing body and officers of
the District and will deliver or cause to be delivered such executed agreement to
the City Attorney of the City.
b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the
District only for the purposes of the purchase, construction, acquisition, repair,
contracting for, extension and improvement of or otherwise acquiring land,
easements, works, improvements, facilities, plants, equipment and appliances
necessary to:
• provide a water supply for municipal uses, domestic uses and commercial
purposes;
• collect, transport, process, dispose of and control all domestic or
communal wastes whether in fluid, solid or composite state;
• gather, conduct, divert and control local storm water or other local
harmful excesses of water in the District and the payment of organization
expenses, operation expenses during construction, interest during
construction, and the cost of issuing bonds; or
• refund bonds issued for the foregoing purposes.
C. Terms of Bonds. The District's bonds shall expressly provide that the District
shall reserve the ri ht to redeem said bonds on any interest payment date
subsequent to the 10` anniversary of the date of issuance without premium. The
bonds shall be sold only after the taking of public bids therefor. None of the
bonds, other than refunding bonds and bonds sold to a federal or state agency,
shall be sold for less than 95% of par; provided, however, 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 percent above the highest
average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond
Index" during the one -month period next preceding the date notice of the sale of
such bonds is given. Bids for the bonds shall be received not more than 45 days
after notice of sale of the bonds is given. The District's resolution authorizing the
issuance of the District's bonds must contain a provision that the pledge of the
revenues from the operation of the District's water and sewer and/or drainage
system to the payment of the District's bonds will terminate when and if the City
annexes the territory of the District, takes over the assets of the District and
assumes all of the obligations of the District.
d. Approval for Annexation by District. No land will be added or annexed to the
District until the City has given its written consent by resolution of the City
Council to such addition or annexation.
e. Approval of Plans and Specifications. The District, its directors, officers or
developers and landowners shall submit to the City Engineer of the City, before
the commencement of any construction within the territory of the District, all
plans and specifications for the construction of water, sanitary sewer and drainage
facilities to serve such District and obtain written approval of such plans and
specifications from the City Engineer. All water wells, water meters, fire
hydrants, flush valves, valves, pipes and appurtenances installed or used within
the territory of the District shall conform exactly to the specifications of the City.
All water service lines and sewer service lines, lift stations, sewer treatment
facilities, and appurtenances thereto, installed or used within the territory of the
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District shall comply with the City's standard plans and specifications. Prior to
the construction of such facilities within the District's territory, the District or its
engineer, shall give written notice by registered or certified mail to the City
Engineer, stating the date that such construction will commence. The
construction of the District's water, sanitary sewer and drainage facilities shall be
in accordance with the approved plans and specifications and with applicable
standards and specifications of the City. During the progress of the construction
and installation of such facilities, the City Engineer of the City, or his duly
authorized representative, shall be entitled to make periodic on the ground
inspections at any time. As further definition of the terms used in this subsection,
specific mention of the fact is made that "plans and specifications," "standard
plans and specifications," "approved plans and specifications," or "applicable
standards and specifications" are defined to mean and to require City approval
only of the method of construction and types of materials to be employed therein
by the District and are not meant to limit the discretion of the board of directors of
the District to determine what facilities may be constructed, paid for and
maintained by the District.
f. Employment of Operator. The District must employ an operator holding a valid
certificate of competency issued under the direction of the Texas Commission on
Environmental Quality as required in Section 26.0301 of the Texas Water Code.
The District shall allow representatives of the City to supervise the continued
operations of the sewage treatment facility by making periodic inspections
thereof.
Subdivisions to be Property Platted. The owner or developer of the land
included within the limits of the District shall, prior to the sale of any lot or parcel
of land, obtain the approval of the Planning and Zoning Commission of the City
of a plat which will be duly recorded in the Map and Plat records of Chambers
County, Texas, and otherwise comply with the rules and regulations of the City.
The District will not provide water or sewer service to any lot unless the plat
covering such lot has been approved by the Planning and Zoning Commission.
h. Notice Required before Bond Issuance. Before the issuance of any series of
District bonds, the District shall tender to the City Manager written notice of the
contemplated issuance at least thirty days prior thereto, which notice shall include
the amount of the bonds to be authorized, the timing of such issuance, along with
any other information requested by the City Manager.
Water and Sewer Rates. The District will use its best efforts to structure its
rates for water and sewer service in the same manner as the City even though
level of rates may vary.
j. Treated Water and Sewer Services. The District intends to and shall enter into
a contract with the City of Baytown for the purchase of treated water services.
Pursuant to this Agreement, the District will agree that no water or sewer service
shall be provided to land outside the boundaries of the District without the prior
written approval of the City Council of the City. Additionally, the District shall
not construct sewage treatment plant facilities without the prior approval of the
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City Council of the City. Nothing contained herein shall be construed as to
require the City to provide sanitary sewer services to the District.
Section 3: In consideration of the City giving its consent for the creation of the
District, the petitioners agree that the following additional conditions and terms will apply to the
land within the District after its creation:
a. General Plan and Land Use. The land within the District will be developed in
accordance with the General Plan, which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
b. Annexation At Any Time. At any time, the City may annex that portion of the
District within its Extraterritorial Jurisdiction.
Section 4: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the
City of Baytown this the 23'd day of July, 2015.
ATTEST:
BRYSCH, City
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Ci ttorney
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of the City Council of the
DONCARLOS, Mayor
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NACIO RAMIREZ, SR., Ci ttorney
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of the City Council of the
DONCARLOS, Mayor
Exhibit "A"
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.1
THE STATE OF TEXAS §
COUNTY OF CHAMBERS §
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF BAYTOWN:
CHAMBERS COUNTY MUNICIPAL UTIITY DISTRICT NO. 1 (the "District "), a
political subdivision of the State of Texas and EDDIE V. GRAY, TRUSTEE (the "Landowner "),
(Landowner and District hereinafter called "Petitioners"), acting pursuant to the provisions of
Section 54.016, Texas Water Code, respectfully petition for consent to include additional land in a
municipal utility district. In support of this petition, Petitioners would show as follows:
The District, to which the land hereinafter described is sought to be annexed, exists under
the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49
and 54, Texas Water Code, as amended, and was created by Order of the Texas Water Commission
on March 30, 1973.
II.
Landowner is the sole owner and holder of fee simple title to the land sought to be annexed
into the District, as indicated by the tax rolls of Chambers County, Texas. Landowner represents
and warrants that there are no liens against said land sought to be annexed.
The land sought to be added to the District contains approximately 80.998 acres of land,
more or less, and lies wholly within Chambers County, Texas. No part of said area is within the
limits of any incorporated city or town. Under the provisions of the Texas Local Government
Code, Section 42.001 et seg., as amended, said area is within the extraterritorial jurisdiction of the
City of Baytown and is not within such jurisdiction of any other city. All of the territory to be
annexed may properly be annexed to the District.
IV.
The land sought to be added to the area of the District is described by metes and bounds in
Exhibit "A" attached hereto and incorporated herein for all purposes.
V.
The general nature of the work proposed to be done in the area sought to be annexed shall
be the purchase, construction, acquisition, repair, extension and improvement of land, easements,
works, improvements, facilities, plants, equipment and appliances necessary to:
(1) provide a water supply for municipal, domestic and commercial purposes;
(2) collect, transport, process, dispose of and control all domestic, industrial or
communal wastes whether in fluid, solid or composite state; and
(3) gather, conduct, divert and control local storm water or other harmful excesses of
water in the area.
VI.
There is a necessity for the improvements described above. The area of the District is
urban in nature, is within the growing environs of Baytown, and is in close proximity to populous
and developed sections of Chambers County. The land sought to be added to the District is not
supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently
economically feasible for such facilities to be provided to said land. The health and welfare of the
present and future inhabitants of the District, the land sought to be added to the District and of
territories adjacent thereto, require the installation and acquisition of an adequate water supply and
sewage disposal system and an adequate drainage system for and within the land sought to be
added to the District. A public necessity exists for the addition of the aforesaid lands to the
District in order to provide for the purchase, construction, extension, improvement, maintenance
and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to
promote and protect the purity and sanitary condition of the State's waters and the public health
and welfare of the community.
VII.
Petitioners agree and covenant to abide by the conditions set forth by the City of Baytown,
until such time as said conditions may be changed by City ordinance or resolution, either specific
or general.
VIII.
It is estimated by the Petitioners from such information as is available at this time, that the
cost of extending the District's facilities to serve the area sought to be annexed will be
approximately $4,550,000.00.
WHEREFORE, Petitioners respectfully pray that this petition be granted in all respects and
that the City of Baytown give its consent to the annexation of the aforesaid land in said District.
Dated this the 21" day of January, 2015.
CHAMBERS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1
(the "District ")
By:
President, Board of D>I
A'
is
TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this 21 s` day of January, 2015, by Richard
E. Greer and Greg Garrett, in their capacity as President and Secretary of Chambers County
Municipal Utility District No. 1, on behalf of said District.
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J RON YOUNG l�
yt * NOTARY PUBLIC, STATE OF TEXAS l7
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Eddie V. Gray. Trustee
THE STATF OF TEXAS §
HA gPuS §
COUNTY OF SRS §
This instrument was acknowledged before me on this j day of�ft�.
20 jq . by Eddie V. Gray. Trustee.
[SLALJ
BELINDA SC OLE
My Commission Expires
November 23, 2015
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Notary Public, State of" Texas
LEGAL DESCRIPTION
80.998 ACRES (3,528,257 SQUARE FEET)
IN THE WILLIAM BLOODGOOD AUGMEN'T'ED SURVEY, A -5
AND CHAMBERS COUNTY SCHOOL LAND SURVEY NUMBER 3, A -321
CHAMBERS COUNTY, TEXAS
Being a tract or parcel containing 80.998 acres (3,528,257 square feet) of land situated in the
William Bloodgood Augmented Survey, Abstract Number 5, and the Chambers County School
Land Survey Number 3, Abstract Number 321, Chambers County, Texas, being all of a called
80.992 acre tract conveyed to Eddie V. Gray, Trustee, by deed recorded in Volume 396, Page
223 of the Official Public Records of Chambers County (O.P.R.C.C.). Said 80.998 acre tract
being more particularly described as follows:
BEGINNING at a 2 -inch iron rod found in a northerly line of said William Bloodgood
Augmented Survey, in the southerly line of the William Bloodgood League, Abstract Number 4,
in the most easterly south line of Hunters Chase Section Two Amended, a subdivision of record
in Volume "B ", Page 223 of the Chambers County Plat Records (C.C.P.R.), marking the
northeasterly comer of a called 2.5375 acre tract conveyed to William McDonald by deed
recorded in Volume I I 11, Page 669, O.P.R.C.C., and marking the northwesterly comer of the
herein described tract;
THENCE, North 77 °45'55" East (called North 77 °45'26" East), along the common survey line,
the southerly line of said Hunters Chase Section Two, the southerly line of Hunters Chase
Section Three, a subdivision of record in Volume "B ", Page 228, C.C.P.R., and the southerly line
of Hunters Chase Section Four, a subdivision of record in Volume "A ", Page 245, C.C.P.R., a
distance of 1,480.87 feet (called 1,480.74 feet) to a point for the southeasterly corner of said
Hunters Chase Section Four, the southwesterly corner of a called 10.03 acre tract conveyed to
Old Needlepoint 97.2 LLC by deed recorded in Volume 1431, Page 116, O.P.R.C.C., and for an
angle point in a northerly line of the herein described tract, from which a found 5/8 -inch iron rod
with cap stamped "BHA" bears North 11 °38' West, a distance of 0.24 feet;
THENCE, North 77 °21'05" Fast (called North 77 120'36" East), along the southerly line of said
10.03 acre tract, at a distance of 662.84 feet pass a 1/2 -inch iron rod found marking the
southeasterly corner of said 10.03 acre tract and the most southerly southwest comer of a called
87.72 acre tract (Tract 1) conveyed to Old Needlepoint 97.2 LLC by deed recorded in Volume
1431, Page 111, O.P.R.C.C., and continuing, along the southerly line of said 87.72 acre tract and
along the southerly-. line of a called 28.80 acre tract conveyed to Ricky D. Fontenot, d/b /a
Fontenot Farms & "Trucking by deed recorded in Volume 1454, Page 646, O.P.R.C.C., in all, a
distance of 2,124.58 feet (called 2,124.86 feet) to a I -inch iron shaft found in the westerly line of
a called 40.53 acre tract (Tract 3) conveyed to Angel Brothers Enterprises, Ltd. by deed recorded
in Volume 492, Page 326, O.P.R.C.C., marking the southeasterly corner of said 28.80 acre tract,
and the northeasterly corner of the herein described tract;
Page 1 of 2
A
THENCE, South 12 °39'06" East (called South 12 °3924" East), along the westerly line of said
called 40.53 acre tract, a distance of 978.00 feet to a 1 -1/2 -inch pipe found marking the
northeasterly corner of a called 66.58 acre tract (Tract 1) conveyed to Eddie V. Gray, Trustee, by
deed recorded in Volume 1408, Page 15, O.P.R.C.C., marking an interior comer of said 40.53
acre tract and the southeasterly comer of the herein described tract;
THENCE, South 77°24'25" West (called South 77 °24'07" West), along the northerly line of said
66.58 acre tract, a distance of 3,606.53 feet to a 2 -inch pipe found marking the southeasterly
corner of a called 2.0375 acre tract conveyed to Gabriel Manzanares by deed recorded in Volume
1504, Page 372, O.P.R.C.C., and marking the southwesterly comer of the herein described tract;
THENCE, North 12035'12" West (called North 12 136'04" West), along the easterly line of said
2.0375 acre tract and the easterly line of a called 2.5375 acre tract (Tract No. 1) conveyed to
William McDonald by deed recorded in Volume 1111, Page 669, O.P.R.C.C., a distance of
985.20 feet (called 985.02 feet) to the POINT OF BEGINNING and containing 80.998 acres
(3,528,257 square feet) of land.
Notes:
1. All bearings are based on the Texas Coordinate System of 1983, South Central Zone,
NAD 83.
2. All distances are surface unless otherwise noted and may be converted to grid by
multiplying by the combined scale factor of 0.99990145.
3. This metes and bounds description is referenced to a survey drawing prepared by Cobb,
Fendley & Associates, Inc. dated December 3, 2014 and titled "BOUNDARY SURVEY
OF 80.998 ACRES IN THE WILLIAM BLOODGOOD AUGMENTED SURVEY, A -5
AND THE CHAMBERS COUNTY SCHOOL LAND SURVEY NO. 3. A -321
CHAMBERS COUNTY, TEXAS ".
Cobb Fendley & Associates, Inc.
1506 East Broadway St., Suite 201
Pearland, Texas 77581
TBPLS Firm Registration No. 10046
December 3, 2014
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