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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. ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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 2 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 3 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 R:UCaren\Files,City Council\Resolutions\2005\August 28 `•LakeMUDAnnexadon43+acres.doc 0 of the City Council of the DONCARLOS, Mayor 064 ~s ; U. •O yO /% •.....••��` NACIO RAMIREZ, SR., Ci ttorney R:UCaren\Files,City Council\Resolutions\2005\August 28 `•LakeMUDAnnexadon43+acres.doc 0 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. -, .i.0 J RON YOUNG l� yt * NOTARY PUBLIC, STATE OF TEXAS l7 a MY COMMISSION EXPIRES , of J U N E 19, 2017 .rr.�rrirrr PA% W—W—W= r 6f 7 1rex V. r 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 a� A"i"j, 47 �j 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 Page 2 of 2