Ordinance No. 13,055ORDINANCE NO. 13, 055
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST
AMENDMENT TO THE UTILITY FUNCTIONS AND SERVICES
ALLOCATION AGREEMENT WITH HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 459; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute and the City Clerk to attest to the First Amendment to
the Utility Functions and Services Allocation Agreement with Harris County Municipal Utility
District No. 459. A copy of such agreement is attached hereto as Exhibit "A" and incorporated
herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
City of Baytown this the 10th day of December, 2015.
A ETICIABRYSCH, City Clerk
APPROVED AS TO FORM:
e
NACIO RAMIREZ, SR., (ti *Attorney
the City Council of the
DONCARLOS,
It
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Exhibit "A"
FIRST AMENDMENT
TO UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT
This First Amendment to Utility Functions and Services Allocation Agreement (this
"Amendment ") is made and entered into this _day of November, 2015 (the "Effective Date ")
by and between THE CITY OF BAYTOWN, TEXAS, a municipal corporation and home -rule
city situated in Harris and Chambers Counties, Texas (the "City"), and HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 459, a political subdivision of the State of Texas
created under the authority of Article XVI, Section 59 of the Texas Constitution and operating
under and governed by the provisions of Chapters 49 and 54 of the Texas Water Code, as
amended (the "District ").
RECITALS
WHEREAS, Moody Simmons Baytown, Ltd., a Texas limited partnership, and
Moody Simmons Baytown II, Ltd., a Texas limited partnership (collectively, the
"Developer ") and the City entered into that certain Utility Functions and Services Allocation
Agreement dated March 18, 2005 (the "Agreement "), which details the terms and conditions
pursuant to which the District will acquire for the benefit of and conveyance to the City the
water distribution, wastewater collection, and drainage facilities needed to serve lands being
developed within and near the boundaries of the District; and
WHEREAS, pursuant to the terms of the Agreement, the Developer assigned all of its
rights, obligations, title, and interests in and to the Agreement to the District on or about June
22, 2006; and
WHEREAS, the District's current boundaries are more fully described in the metes
and bounds description attached hereto as Exhibit "A -I" (the "Current Tract "); and
WHEREAS, the District desires to annex the additional property, as more fully
described in the metes and bounds attached hereto as Exhibit "A -II" (the "Additional Tract "),
into the boundaries of the District; and
WHEREAS, the City will consent to the annexation of the Additional Tract into the
boundaries of the District, subject to the execution of this Amendment; and
WHEREAS, the parties now wish to make certain adjustments to the Agreement to
account for the annexation of the Additional Tract into the boundaries of the District;
NOW, THEREFORE, for and in consideration of the mutual promises, obligations,
and benefits contained herein, the City and the District agree as follows:
First Amendment to Utility
Functions and Services Allocation Aereement, Page 1
AGREEMENT
Recitals. The recitals set forth above are declared true and correct and are
hereby incorporated as part of this Amendment.
2. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
3. Amendments.
a. The definition of "Tract" in Section 1.1 of the Agreement shall be deleted in its
entirety and replaced with the following:
Tract means the 138.439 acres of land as described in Exhibit "A -I" and the
128.143 acres of land as described in Exhibit "A -II", to which the City has agreed
to provide the services described in this Allocation Agreement.
b. The definition of "Development Plan" in Section 1.1 of the Agreement shall be deleted
in its entirety and replaced with the following:
Development Plan means the conceptual plan for the development within the
District attached as Exhibit "C -I" for the 138.49 acres within the Tract and as
Exhibit "C -II" for the 128.143 acres within the Tract.
G. Section 1.2 of the Agreement is hereby amended to read as follows:
1.2. Exhibits. The following Exhibits attached or to be attached to this
Allocation Agreement are a part of the Contract as though they were fully incorporated
herein:
Exhibit A -I
138.439 Acre Tract
Exhibit A -II
128.143 Acre Tract
Exhibit B
In -City Procedures
Exhibit C -I
Development Plan for 138.439 Acre Tract
Exhibit C -H
Development Plan for 128.143 Acre Tract
Exhibit D
Right -of -way and Municipal Utility Easement
Exhibit E
Point of Connection
Exhibit 1
Phased Development for 128.143 Acre Tract
Exhibit 2
Off -site Waterline Connection: SE Quadrant for
128.143 Acre Tract
Exhibit 3
Off -site Waterline Connection: NW Quadrant for
128.143 Acre Tract
Exhibit 4
Sewer line Connection: SE Quadrant for 128.143 Acre
Tract
Exhibit 5
Sewer Line Connection: SW Quadrant for 128.143
Acre Tract
First Amendment to Utility
Functions and Services Allocation Agreement, Page 2
d. Section 2.4 of the Agreement shall be deleted in its entirety and replaced with the
following:
2.4 Maximum Number of Connections. The City agrees to provide
up to 1,000 ESFCs to serve the District.
e. Section 2.6 of the Agreement shall be deleted in its entirety and replaced with the
following:
2.6 Letter of Assurance and Issuance of Assignments of Capacity
by the District. The City agrees that, at such time as the District has acquired
Water Supply Service or Wastewater Service from the City up to 1,000 ESFCs,
the City shall, upon reasonable request, issue a letter of assurance that the
District is entitled to the use and benefit of such capacity. The letter of
assurance shall provide for the use and benefit of quantities of services up to,
but not in excess of, the capacities as provided for herein as necessary for the
District to provide water and wastewater services up to 1,000 ESFCs.
The District shall have the right to assign all or part of its capacity
on assignment forms approved by the City for reservation of capacity to
landowner(s) and developer(s) within its boundaries. At such time as a
landowner or developer located within the boundaries of the District requests a
building permit from the City, the City shall honor such assignments of capacity
or agreements; provided, however, that the City shall have no duty to honor any
assignment of capacity that in the City's sole opinion was not validly issued or
which will result in capacity which exceeds the uncommitted capacity reserved
by the District. Any such assignment shall be subject to the restrictions noted
herein.
f. The Agreement is hereby amended to add a new section, which shall be numbered
and entitled Section 2.7.5 "Necessary Capital Improvements," which Section shall
read as follows:
2.7.5. Necessary Capital Improvements. In order for the City to provide
services as specified herein to the Additional Tract described in Exhibit "A -II ", and as a
condition thereof, the District shall construct and/or provide utility services to the
Additional Tract at its sole cost and expense and in full compliance with the City's
standards and specifications. The District will submit its plans and specifications to the
City for review and approval prior to letting a contract for the same. It is understood
that proposed improvements and utility service connections shall be undertaken by the
District in accordance with the times and phases of the proposed subdivision
development as shown in Exhibit 1, which is attached hereto and incorporated herein
for all intents and purposes. The District shall keep the City informed of the progress of
its development and obtain appropriate review and prior approvals from the City should
the phases shown in Exhibit 1 change.
First Amendment to Utility
Functions and Services Allocation Aereement, Page 3
WATER:
(a) At the southeast quadrant of the proposed subdivision, the District or its
designee (hereinafter in this Section 2.7 collectively referred to as the
"District ") shall make a "T" connection with City's existing 8" PVC
waterline at the intersection of Emmett Hutto Blvd and Alamance
Drive as depicted in Exhibit 2, which is attached hereto and
incorporated herein for all intent and purposes. The District shall
extend a proposed 8" waterline south along southbound Emmett Hutto
Boulevard between the roadway and the median ditch to provide water
service to the proposed subdivision from the southeast quadrant. The
two crossings under Emmett -Hutto Boulevard of proposed 8" waterline
shall be undertaken using horizontal boring as depicted in Exhibit 2.
Work shall be completed prior to occupancy of Section I as shown in
Exhibit 1.
(b) The District shall extend a 12" waterline as the primary trunk line
through the proposed subdivision.
(c) At the northwest quadrant of the proposed subdivision, the District
shall close the water supply loop by making a "T" connection to
existing 16" waterline along Baker Road at Country Club Drive with a
proposed 12" waterline tap and appropriate gate valve, as depicted in
Exhibit 3. Work shall be completed and approved by the City prior to
occupancy of Section 2 as shown in Exhibit 1.
(d) The District shall extend the proposed 12" waterline south under
Country Club Drive to the proposed subdivision using an efficient
method of construction which will create least disruption to service and
mobility for the existing residents of the Country Club subdivision. The
District shall submit appropriate engineering plans with specified
method of construction to the City for prior review and approval. Work
shall be completed and approved by the City prior to occupancy of
Section 2 as shown in Exhibit 1.
(e) Prior to final walk - through and acceptance of proposed utility work by
the City, the District shall restore any landscaping, flower beds and
other infrastructure disturbed, to their original condition based on photo
record of the area before construction. Work shall be completed and
approved by the City prior to occupancy of Section 2 as shown in
Exhibit 1.
(f) Upon completion of the water system, the District shall contact the City
for a final inspection and walkthrough. After resolution of any issues
the City will issue a letter of acceptance of the utilities to become part
of the City utilities. A warranty for a period of one year from the
acceptance letter shall apply where the District will be responsible for
timely repairs to the accepted utilities by the City, should the need
arise.
First Amendment to Utility
Functions and Services Allocation Agreement, Page 4
SEWER:
(a) At the southeast quadrant of the proposed subdivision, the District shall
decommission the existing sanitary lift station at Emmett Hutto Blvd,
as depicted in Exhibit 4, which is attached hereto and incorporated
herein for all intents and purposes. Work shall be completed and
approved by the City prior to occupancy of Section IA as shown in
Exhibits 1 and 4.
(b) The District shall use commercially reasonable efforts to carefully
salvage and return the components of the lift station, as requested to
City's Public Works Department.
(c) The District then shall redirect and connect existing sewer lines leading
into the lift station into the proposed 20" sanitary sewer line via new
manholes MHS -1 and MHS -2. The existing 4" sanitary force main line
shall be plugged and abandoned as depicted in Exhibit 4, which is
attached hereto and incorporated herein for all intents and purposes.
Work shall be completed and approved by the City prior to occupancy
of Section I as shown in Exhibit 1.
(d) The District shall construct a 20" sanitary sewer main to collect
wastewater from the proposed subdivision and transport it to the
southwest quadrant of the proposed subdivision to discharge it into
City's existing 21" sanitary sewer line main at manhole identified as
CA -191. The District shall construct the proposed manholes along the
sanitary sewer line to proposed finished grade as shown in approved
engineering plans, which are attached hereto as Exhibit 5 and are
incorporated herein for all intents and purposes. Work shall be
completed and approved by the City prior to occupancy of Section 1 A
as shown in Exhibit 1.
(e) The District shall appropriately size the proposed concrete manhole at
location CA -191 to a minimum 6 feet in diameter and of adequate
strength to accommodate the confluence of three large diameter sewer
lines at a depth of over 15 feet. Work shall be completed and approved
by the City prior to occupancy of Section 1 A as shown in Exhibits 1
and 5.
(f) The District shall construct the proposed 20" sanitary sewer line in a
minimum 16- foot -wide public utility easement, outside edge of
pavement. Once the construction of the proposed 20" sanitary sewer
line has been completed and accepted by the City, the City will
maintain the sewer line.
(g) Upon completion of the sewer system, the District shall contact the
City for a final inspection and walkthrough. After resolution of any
issues the City will issue a letter of acceptance of the utilities to become
First Amendment to Utility
Functions and Services Allocation Agreement, Page 5
part of the City utilities. A warranty for a period of one year from the
acceptance letter shall apply where the District will be responsible for
timely repairs to the accepted utilities by the City, should the need
arise.
STORM:
(a) The District shall undertake a drainage study to propose a Master
Drainage Plan for the proposed subdivision. The Master Drainage Plan
shall consider the effects of developing in a floodplain and impact to
the floodplain and floodway upstream and downstream.
(b) Harris County Flood Control District ( "HCFCD ") has jurisdiction
along the Goose Creek watercourse. The District shall be in
communication with HCFCD to resolve drainage issues per Harris
County guidelines, and permitting.
(c) The District will obtain the appropriate authorization from the Federal
Emergency Management Agency ( "FEMA ") for proposed development
in the floodplain.
(d) The District shall verify with United States Army Corps of Engineers
( "USACE ") whether Goose Creek is designated as "waters of the
U.S.," and shall obtain appropriate approvals from the USACE.
(e) The District shall comply with Article VIII, Chapter 34 of the Code of
Ordinances, Baytown Texas, with regards to Goose Creek, which is
designated as a watershed protection zone.
(f) The District shall follow HCFCD guidelines in establishing proposed
detention capacities.
(g) The District shall construct the proposed, required detention basin and
shall use commercially reasonable efforts to assign perpetual
maintenance thereof to the homeowner's association of the residential
development being constructed on the Additional Tract. In no event
shall the City be responsible for the maintenance of the detention basin.
(h) For Phases 1 and 2 of the proposed development, where no excavation
of the floodplain is required, the District shall demonstrate that the
drainage layout will result in no net increase in runoff to Goose Creek.
(i) The District shall provide to the City the necessary and timely
approvals from appropriate agencies prior to the City granting its
authorization to construct various phases of the subdivision.
(j) Upon completion of the stormwater system, the District shall contact
the City for a final inspection and walkthrough. After resolution of any
issues the City will issue a letter of acceptance of the utilities (other
than the detention basin) to become part of the City utilities. A
First Amendment to Utility
Functions and Services Allocation Agreement, Page 6
warranty for a period of one year from the acceptance letter shall apply
where the District will be responsible for timely repairs to the accepted
utilities by the City, should the need arise.
g. The limits for commercial general liability insurance limits contained in Section 2.7 of
the Agreement shall be amended as follows:
Commercial General Liability Policy
■ General aggregate of $2,000,000
■ Owners' and Contractors' Protective Liability of $1,000,000
■ Products and Completed operations of $2,000,000
■ Personal and Advertising Injury of $1,000,000
■ Minimum of $1,000,000 per occurrence
■ Coverage shall be broad form CGL.
■ No coverage exclusions shall be deleted from the standard policy without
notification of individual exclusions being attached for review and acceptance
by the city.
■ City, its officers, agents and employees shall be listed as additional insured.
■ Waiver of subrogation in favor of the City required.
h. Section 2.8 of the Agreement shall be deleted in its entirety and replaced with the
following:
2.8 Ownership by City. As the Facilities are acquired and constructed,
the District shall convey the same to the City (except for the Detention Tract, the
Temporary Wastewater Systems, and the detention basin referenced in Section
2.7.5 hereinabove) including all warranties. The conveyance to the City shall be
subject to the acceptance by the City after inspection by the City. The District shall
not convey and the City shall not accept the Detention Tract, the Temporary
Wastewater Systems, or the detention basin referenced in Section 2.7.5.
i. Section 3. 1, Subsection (a) of the Agreement is hereby amended to read as follows:
Section 3.1 Development Plan. The District's Development Plan for
the overall development of the District is attached hereto as Exhibits C -I and C -II.
The City and the District agree that specific approvals are required for each phase
or part of the Development Plan, provided, however, that the City shall not
withhold such approvals if the applicable phase or part is in conformance with the
Development Plan and this Agreement. In addition the parties agree as follows:
(a) The District understands and agrees that a portion of the consideration
for the City to enter into this Allocation Agreement is the District's
obligation to develop or cause to be developed the property consistent
with the Development Plan. The creation of the District and annexation
of new territory into the District was predicated on the District's ability
to cause the property to be developed in conformance with the
Development Plan. The City and the District agree that the District will
cause the Tract to be developed in accordance with the Development
Plan; provided that the same complies with the Code of Ordinances.
The Development Plan contained in Exhibit C -I provides for 122.3 net
acres of single family development and the balance of the property shall
First Amendment to Utility
Functions and Services Allocation Agreement, Page 7
be used for recreational facilities, stormwater detention, open spaces
and roadways. The Development Plan contained in Exhibit C -II
provides for approximately 100 net acres of single family development
and the balance of the property shall be used for recreational facilities,
stormwater detention, open spaces and roadways. Any material change
to the Development Plan, as determined by the City, shall be approved
by the City and shall conform to the then - current City standard criteria
and Code
5. Except as specifically amended by this Amendment, the Agreement shall remain in full force
and effect in accordance with its original terms and conditions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of equal dignity, as of the date set forth on the first page hereof.
CITYOFBAYTOWN
:
ATTEST:
By:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
LN
IGNACIO RAMIREZ, SR., City Attorney
First Amendment to Utility
Functions and Services Allocation Aereement, Page 8
RICHARD L. DAVIS, CityManager
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICTNO.459
I
Name:
Title:
ATTEST:
Lo
0
Title:
(SEAL)
R:�Karen.Files',Contracts,ln -City MUD Agreements FirstAmendment2AllocationAgreementl 1092015CIean.docx
First Amendment to Utility
Functions and Services Allocation Agreement, Page 9
Exhibit "A"
Exhibit "A" includes the Tracts described in Exhibit "A -I" and "A -II."
EXHIBIT A -I
CURRENT TRACT
METES AND BOUNDS
551375
•
HUNTER'S CREEK BOUNDARY
138.439 ACRES
138.439 ACRES OF LAND BEING ALL THAT CERTAIN 14.727 ACRE TRACT OF
LAND AS DESCRIBED IN DEED RECORDED IN CLERK'S FILE NO. X990277 OF
THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY,
TEXAS, ALL THAT CERTAIN 71.570 ACRE TRACT OF LAND AS DESCRIBED IN
DEED RECORDED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS, AND ALL THAT
CERTAIN 52.142 ACRE TRACT OF LAND AS DESCRIBED IN DEED RECORDED
IN CLERK'S FILE NO. X961225 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY HARRIS COUNTY, TEXAS AND BEING SITUATED IN THE
WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS AND THE
SJOLANDER SURVEY, A -1644 HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northeast corner of previously
mentioned 14.727 acre tract and the northwest corner of previously mentioned 71.570
acre tract, a point on the south line of Needlepoint Road (60' R.O.W.) and having point
having State Plane Coordinates N:13866344.75, E:3257836.37, South Central Zone;
THENCE N 77037'10" W, along the north line of previously mentioned 71.570 acre
tract and the south line of Needlepoint Road, a distance of 819.64 feet to a
found 1 inch iron pipe located at the northeast corner of said 71.570 acre tract
and the northwest corner of previously mentioned 52.142 acre tract;
THENCE N 77 °38125" E, along the north line of said 52.142 acre tract and the south
line of Needlepoint Road, a distance of 812.21 feet to a found 1 inch iron
pipe located at the northeast corner of said 52.142 acre tract and the
northwest corner of that certain 43.1651 acre tract of land as described in
deed recorded in Clerk's File No. V726885 of the Official Public Records of
Harris County, Texas;
THENCE S 12 °48'23" E, leaving the south line of Needlepoint Road and along the east
line of previously mentioned 52.142 acre tract and the west line of previously
mentioned 43.1651 acre tract, a distance of 2,272.45 feet to a found 518 inch
iron rod with cap being the southeast comer of said 52.142 acre tract. Said
point also being on the southeast line of a 50 foot wide Houston Lighting and
Power Company easement as filed for record in Volume 3474, Page 14 of the
Deed Records of Hams County, Texas and a point on the northwest line of a
100 foot wide Dayton -Goose Creek Railway easement as filed for record in
Volume 390, Page 431 of the Deed Records of Hams County, Texas;
THENCE S 24 048'51" W, along the southeasterly line of previously mentioned 52.142
acre tract, along the southeasterly line of previously mentioned Houston
Lighting and Power Company easement and along the northwesterly line of
Exhibit "A -1"
J:\2003\2003066 \WP \Hunter's Creek District Boundary.doc Page] of 3
0 •
previously mentioned Dayton -Goose Creek Railway easement, a distance of
1,325.49 feet to a found 5/8 inch iron rod with cap. Said point being the
southwest comer of said 52.142 acre tract and the southeast corner of
aforementioned 71.570 acre tract:
THENCE S 24 045'07" W, along the southeasterly line of previously mentioned 71.570
acre tract, along the southeasterly line of previously mentioned Houston
Lighting and Power Company easement and along the northwesterly line of
previously mentioned Dayton -Goose Creek Railway easement, a distance of
1291.62 feet to a found %: inch iron rod for corner being the southwest corner
of said 71.570 acre tract and a point on the east line of Landmark Estates, a
recorded subdivision as filed for record in Volume 338, Page 106 of the Map
Records of Harris County, Texas;
THENCE N 13 °35'23" W, along the west line of previously mentioned 71.570 acre
tract and the east line of previously mentioned Landmark Estates, a distance
of 965.12 feet to a found % inch iron rod for corner being the northeast corner
of previously mentioned Landmark Estates and the southeast corner of
McGee Place Phase Two, a recorded subdivision as filed for record in
Volume 345, Page 60 of the Map Records of Harris County, Texas;
THENCE N 13°20' 13" W, along the west line of the said 71.570 acre tract and the east
line of McGee Place Phase Two, a distance of 1,530.44 feet to a found'/ inch
iron rod for comer;
THENCE N 13 003'00" W, continuing along the west line of the 71.570 acre tract and
the east line of McGee Place Phase Two, a distance of 269.41 feet to a found
1 inch iron pipe for comer, the northeast corner of McGee Place Phase Two
and the southeast corner of that certain 19.000 acre tract of land as described
in deed recorded in SO48441 of the Official Public Records of Hams County,
Texas;
THENCE N 13° 05'48" W, along the west line of the said 71.570 acre tract and the east
line of previously mentioned 19.000 acre tract, a distance of 267.81 feet to a
found 1 inch iron pipe being the northeast comer of said 19.000 acre tract and
southeast corner of that certain 13.210 acre tract of land as described in deed
recorded in Clerk's File No. V22955 8 of the Official Public Records of
Harris County, Texas;
THENCE N 13 °06'03" W, continuing along the west line of said 71.570 acre tract and
along the east line of previously mentioned 13.210 acre tract, a distance of
265.77 feet to a found I inch iron pipe being the northeast comer of said
13.210 acre tract and the southeast corner of that certain 2.542 acre tract of
land as described in deed recorded in Clerk's File No. L275249 of the
Official Public Records of Real Property Harris County Texas;
JA2003\20030661WP \Hunter's Creek District Boundary.doc Page 2 of
THENCE N 12 059'38" W, along the west line of said 71.570 acre tract and the east line
of previously mentioned 2.542 acre tract, a distance of 265.03 feet to a found
%z inch iron rod being the northeast comer of said 2.542 acre tract and the
southeast corner of that certain 10.800 acre tract of land as described in deed
recorded in Clerk's File No. M568085 of the Official Public Records of Real
Property Harris County, Texas;
THENCE N 13 °06' 14" W, continuing along the west line of said 71.570 acre tract and
the east line of previously mentioned 10.800 acre tract, a distance of 528.80
feet to a found % inch iron rod being the northeast corner of previously
mentioned 10.800 acre tract and the southeast corner of aforementioned
14.727 acre tract;
THENCE S 77 °15'53" W, leaving the west line of said 71.570 acre tract and along the
south line of previously mentioned 14.727 acre tract and the north line of
previously mentioned 10.800 feet, a distance of 2,430.70 feet to a found 1
inch iron pipe being the southwest corner of said 14.727 acre tract and the
northwest corner of said 10.800 acre tract. Said point also being located on
the east line of Sjolander Road (70' R.O.W.);
THENCE N 09 °23' 15" W, along the west line of previously mentioned 14.727 acre
tract and the east line of Sjolander Road, a distance of 263.73 feet to a found
5/8 inch iron rod being the northwest corner of said 14.727 acre tract and the
intersection of the east line on Sjolander and the south line of aforementioned
Needlepoint Road;
THENCE N 77 011'40" E, along the north line of previously mentioned 14.727 acre
tract and the south line of Needlepoint Road, a distance of 2,414.78 feet to
the POINT OF BEGINNING and containing 138.439 acres of land.
This document was prepared under Title 22 of the Texas Administrative Code, Chapter
663. It does not reflect the results of an on the ground survey, and is not to be used to
convey or establish interests implied or established by the creation or reconfiguration of
the boundary of the political subdivision for which it was prepared.
iE OF r� N
JOHN J. RO)RIOUE2
ISO* 81611411011011402411161161811:84
S RN s
John J. Rodriquez, R.P.L.S. 319�
Texas Registration No. 2634
J:\2003120030661WPViunter's Creek District Boundary.doc Page 3 of 3
EXHIBIT A H
ADDITIONAL TRACT
METES AND BOUNDS
551375
County:
Harris
Project:
Goose Creek
Job No.
159401
MBS No.
15 -130
Page 1 of 3 Pages
FIELD NOTES FOR 128.143 ACRES
Being a tract containing 128.143 acres of land situated in the Harvey Whiting Survey, Abstract
840, in Harris County, Texas. Said 128.143 acres being a call 32.64 acre tract of land recorded in
the name of Goose Creek Country Club in Volume 3295, Page 464 of the Harris County Deed
Records (H.C.D.R.), a portion of a call 100 acre tract of land recorded in the name of Goose
Creek Country Club in Volume 3295, Page 286 of the H.C.D.R., Lots 27 — 31 of Country Club
Oaks Section Eight, according to the map or plat thereof recorded in Volume 316, Page 132 of
the Harris County Map Records (H.C.M.R.), and Lots 23 — 25 of County Club Oaks Section
Eleven, according to the map or plat thereof recorded in Volume 346, Page 130 of the H.C.M.R.
Said 128.143 acres of land being more particularly described by metes and bounds as follows
(Bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, based on
GPS observations):
BEGINNING at a 3/4 inch iron pipe found at the common South comer of Replat of Reserve
"B" Country Club Oaks Section One, according the map or plat thereof recorded in Volume 66,
Page 9 of the H.C.M.R., and Country Club Oaks Section Three, according to the map or plat
thereof recorded in Volume 86, Page 75 of the H.C.M.R., and being at the Southeast terminus
corner of Country Club Drive (60 -foot width);
THENCE, through and across aforesaid 100 acres, the following five (5) courses:
1.) South 03 degrees 01 minute 51 seconds East, a distance of 200.00 feet to a 518 inch capped
iron rod set;
2.) North 86 degrees 58 minutes 09 seconds East, a distance of 170.00 feet to a 5/8 inch capped
iron rod set;
3.) South 58 degrees 37 minutes 20 seconds East, a distance of 442.41 feet to a 5/8 inch capped
iron rod set;
4.) North 86 degrees 58 minutes 09 seconds East, a distance of 240.00 feet to a 5/8 inch capped
iron rod set;
5.) North 03 degrees 01 minute 51 seconds West, a distance of 450.00 feet to a 5/8 inch capped
iron rod set;
THENCE, with the South line of aforesaid Section Three and Country Club Oaks Section Six,
according to the map or plat thereof recorded in Volume 259, Page 15 of the H.C.M.R., North 86
degrees 58 minutes 09 seconds East, a distance of 465.09 feet to a 5/8 inch capped iron rod set;
THENCE, with the Southwesterly line of said Section Six, Country Club Oaks Section Seven,
according to the map or plat thereof recorded in Volume 277, Page 103 of the H.C.M.R., and
aforesaid Section Eight, South 53 degrees 4I minutes 00 seconds East, a distance of 2,648.78
feet to a 1/2 inch iron rod found at the West comer of aforesaid Lot 31 and the South corner of
Lot 32 of said Section Eight;
Page 2 of 3 Pages
THENCE, with the common line for said Lots 31 and 32, North 36 degrees 17 minutes 59
seconds East, a distance of 120.49 feet (call 120.00 feet) to the North comer of said Lot 31 and
East corner of said Lot 32, from which point a found 3/8 inch iron rod bears North 68 degrees 54
minutes 46 seconds East, a distance of 0.42 feet, and said point being on the Southwest Right -of-
Way (R.O.W.) line of Country Club View (50 -foot width);
THENCE, with said Southwest and South R.O.W. line of Country Club View and the Northeast
and North line of aforesaid Lots 27 — 31 of Section Eight and Lots 23 — 25 of Section Eleven, the
following five (5) courses:
1.) South 53 degrees 42 minutes 01 seconds East, a distance of 164.41 feet to a 1/2 inch iron rod
found at a point for curvature to the Left;
2.) 55.62 feet, along the arc of said curve to the left having a radius of 80.80 feet, a central angle
of 39 decrees 26 minutes 13 seconds and a chord which bears South 73 degrees 25 minutes 07
seconds East» a distance of 54.52 feet to a 1/2 inch iron rod found at a point for tangency;
3.) North 86 degrees 51 minutes 46 seconds East, a distance of 46.56 feet to a 1/2 inch iron rod
found at the common line for said Sections Eight and Eleven;
4.) North 86 degrees 37 minutes 48 seconds East, a distance of 90.43 feet to a 1/2 inch iron rod
found at a point for curvature to the left;
5.) 68.57 feet, along the arc of said curve to the left having a radius of 75.00 feet, a central angle
of 52 degrees 23 minutes 01 seconds and a chord which bears North 60 degrees 26 minutes 18
seconds East, a distance of 66.21 feet to a 5/8 inch capped iron rod set at the Southwest corner of
Country Club Village, according to the map or plat thereof recorded in Volume 454, Page 22 of
the H.C.M.R.;
THENCE, with the Southwest line of said Country Club Village, South 55 degrees 45 minutes
13 seconds East, a distance of 88.77 feet to the Southeast corner of said Country Club Village, an
Easterly corner of aforesaid Section Eleven and being at the Westerly R.O.W. line of Emmett
Hutto Boulevard South (44 -foot width);
THENCE, with said Westerly KO-W. line, 79.35 feet, along the are of a non - tangent curve to
the left having a radius of 2,753.00 feet, a central angle of 01 degree 39 minutes 05 seconds and
a chord which bears South 11 degrees 16 minutes 01 second West, a distance of 79.35 feet to a
5/8 inch capped iron rod set at the Northeast comer of a call 875.5 square feet tract of land
recorded in the name of City of Baytown in Harris County Clerk's File (H.C.C.F.) No. Z386917;
THENCE, through and across aforesaid Lot 25 of Section Eleven and with the North and West
lines of said 875.5 square feet tract, the following two (2) courses:
1.) South 86 degrees 56 minutes 10 seconds West, a distance of 30.11 feet (call 30.00 feet) to a
5/8 inch capped iron rod set;
2.) South 10 degrees 07 minutes 25 seconds West, at 30.00 feet pass a 1/2 inch iron rod found
and continuing for a total distance of 30.26 feet (call 30.00 feet) to the Southwest comer of said
875.5 square feet tract and being at the North line of a call 7.939 acre (First Tract) tract of land
recorded in the name of H.L. &P. in Volume 3245, Page 486 of the H.C.D.R.;
Page 3 of 3 Pages
THENCE, with said North line, South 86 degrees 56 minutes 10 seconds West, at 3,824.49 feet
pass a 3/4 inch iron rod found for reference and continuing for a total distance of 3,849.88 feet to
a 5/8 inch capped iron rod set.
THENCE, with a Northwesterly line of said 7.939 acre tract and a tract occupied by H.L. &P.
(record not found), South 77 degrees 04 minutes 00 seconds West. passing Goose Creek and
continuing for a total distance of 466.73 feet to a 5/8 inch capped iron rod set;
THENCE, with the call conunon line for aforesaid Harvey Whiting Survey and the William
Scott Upper League, South 86 degrees 56 minutes 10 seconds West, a distance of 201.77 feet to
a 518 inch capped iron rod set at the Southeast corner of Country Club Oaks Section One,
according to the map or plat thereof recorded in Volume 57, Page 50 of the H.C.M.R.;
THENCE, with the East and Forth lines of said Section One, the following three (3) courses:
1.) North 03 degrees 03 minutes 00 seconds West, a distance of 1,919.61 feet (call 1.920.00 feet)
to a 5/8 inch capped iron rod set:
2.) North 86 degrees 57 minutes 00 seconds East. a distance of 225.23 feet to the call centerline
of Goose Creek as shown said plat of Section O,ie:
3.) North 36 degrees 05 minutes 31 seconds East, a distance of 1.99 feet to the Southwest corner
of aforesaid Replat of Reserve "B" Country Club Oaks Section One (as occupied);
THENCE, with the occupied South line of said Replat of Reserve "B" Country Club Oaks
Section One, North 86 degrees 58 minutes 09 seconds East, at 301.71 feet pass a 1/2 inch iron
rod found for reference and continuing for a total distance of 532.00 feet to the POINT OF
BEGINNING and containing 128.143 acres of land.
THIS DESCRIPTION WAS PREPARED BASED ON A SURVEY MADE ON THE GROUND UNDER THE
DIRECTION OF KYLE B. DUCKETT, RPLS 6340, FILED UNDER ,JOB NO. 159401 IN THE OFFICES
OF GBI PARTNERS, L.P
GBI Partners, L.P.
Ph: 281.499.4539
Gto s E
1 r
May 26. 2015 ' �: q�, �RF0 . (j$,
KYLE B.DUCKErr
r =. o, •6340
r
6 G
Exhibit "B"
ARTICLE VII. - IN -CITY MUNICIPAL UTILITY DISTRICTS
Sec. 98 -701. - Policy.
There is hereby adopted a policy and plan establishing the conditions under which a municipal utility
district may be formed within the corporate limits of the city, which shall read as follows:
The following terms, conditions and standards establish the basis under which the city council may
consent to the formation of a municipal utility district within the corporate limits of the city in writing.
(Ord. No. 10003, § 1, 2- 10 -05)
Sec. 98 -702. - Resolution to create a municipal utility district.
(a) The city's consent to the creation of a municipal utility district proposed to be formed within the
corporate limits of the city under the Texas Water Code and the Texas Constitution Section 59,
Article XVI, shall be evidenced by the adoption of a resolution.
(b) No resolution shall be adopted consenting to the creation of a municipal utility district until the city
council finds that the proposed municipal utility district (1) will be an economically feasible and sound
development benefiting the city, (2) will not adversely affect the existing city water, sewer and storm
facilities or other city utilities or city functions, and (3) will not increase the city's taxes or utility rates
or adversely impact the city's financing or bond rating, and that (4) all of the conditions imposed by
this article have been agreed to by the majority in value of landowners within the proposed municipal
utility district.
(Ord. No. 10003, § 1, 2- 10 -05)
Sec. 98 -703. - Conditions to creation.
The following conditions shall apply to every municipal utility district within the city:
(1) The municipal utility district may acquire property outside its boundaries with prior written
consent of the city only for purposes of providing stormwater drainage and detention, potable
water distribution, wastewater collection, and for other purposes permitted by law; provided that
no land shall be annexed or added to the municipal utility district unless the city has given its
written consent by resolution of the city council to such addition or annexation;
(2) The municipal utility district shall not provide services for, or acquire property to provide services
for, any property outside its boundaries without the prior written consent of the city;
(3) The municipal utility district shall not allow use of easements or stormwater drainage facilities
owned or controlled by the municipal utility district for any property or development outside its
boundaries without the prior written consent of the city;
(4) The municipal utility district shall pay the actual costs incurred by the city for legal, engineering
and financial advisory services in connection with the allocation agreement (hereinafter defined)
and the adoption of a resolution consenting to creation of the municipal utility district;
(5) The facilities to be constructed by the municipal utility district shall be designed and constructed
in compliance with all applicable requirements and criteria of the applicable regulatory agencies
and subject to the applicable provisions of the city's resolution granting a petition for inclusion of
certain territory in the municipal utility district (the "consent resolution ");
Page 1
(6) Prior to the sale or offer to sell any bonds of the municipal utility district, the terms and
conditions in this subdivision and the consent resolution must be approved and ratified in an
instrument executed by the governing body and officers of the municipal utility and such
instrument must be delivered to the city attorney;
(7) The city shall not allow any connection to be made to the municipal utility district's wastewater
system until, with respect to such connection:
a. The municipal utility district has issued an assignment of capacity specifying the number of
gallons per day of water supply and wastewater treatment allocated for such connection,
and has provided a copy thereof to the city manager;
b. The city has inspected the connection and premises and has issued a building permit for
that connection; and
c. All buildings or structures served by connections shall be located entirely within the
boundaries of a lot or parcel shown in a plan, plat or replat filed with and finally approved
by the city and duly recorded in the official records of the county where the property is
located (provided this limitation shall not apply if no plan, plat or replat is required by
applicable state statutes or city ordinances);
(8) Unless and until the city shall dissolve the municipal utility district and assume the properties,
assets, obligations and liabilities of the municipal utility district, the bonds of the municipal utility
district, as to both principal and interest, shall be and remain obligations solely of the municipal
utility district and shall never be deemed or construed to be obligations or indebtedness of the
city;
(9) All contracts with third parties for construction of water, wastewater and stormwater facilities to
serve the proposed municipal utility district will contain the following provisions:
a. A requirement that all plans and specifications for construction of improvements or
modification of improvements which are to be built to serve the municipal utility district
and /or require approval of the Texas Commission on Environmental Quality be prepared in
accordance with the then adopted city specifications and requirements for such facilities
and delivered to the city for approval prior to submission to the Texas Commission on
Environmental Quality. All plans and specifications presented to the bidders shall be
approved by the city in writing prior to advertising for bids;
b. A requirement that prior to the construction of such facilities within the municipal utility
district's territory, written notice by registered or certified mail be given to the city, stating
the date that such construction will commence;
c. An agreement that all construction or modification of improvements to serve the municipal
utility district will be subject to periodic inspections by the city or its duly authorized agent
and that no underground improvements will be backfilled prior to inspection and written
approval by the city;
d. All contracts for construction of improvements will be awarded in compliance with the terms
contained within public bidding statutes in Chapter 49 of the Texas Water Code;
If the municipal utility district is performing the services, the same terms and conditions as set
forth herein shall be applicable to the municipal utility district.
(10) As the municipal utility district's facilities are acquired and constructed, the municipal utility
district shall convey the same to the city, including all warranties relating to the facilities;
provided, however, that the municipal utility district shall not convey, and the city shall not
accept, stormwater detention systems;
(11) As acquisition and /or construction of each phase of the facilities is completed, representatives
of the city shall inspect the same and, if the city finds that the same has been completed in
accordance with the final plans and specifications, the city will accept the same, whereupon
such portion of the facilities shall be operated and maintained by the city at its sole expense;
Page 2
provided, however, that the city shall not accept, or operate and maintain, stormwater detention
systems; and further provided, however, that in the event that the facilities have not been
completed in accordance with the final plans and specifications, the city will immediately advise
the municipal utility district in what manner said facilities do not comply, and the municipal utility
district shall immediately correct the same, whereupon the city shall again inspect the facilities
and accept the same if the defects have been corrected;
(12) The city shall bill and collect from customers of the facilities and shall from time to time fix such
rates and charges for such customers of the facilities as the city, in its sole discretion,
determines are necessary; provided that the rates and charges for services afforded by the
facilities will be equal and uniform to those charged other similar classifications of users in
nonmunicipal utility district areas of the city; and all revenues from the facilities shall belong
exclusively to the city without rebate of such revenues to the municipal utility district;
(13) The city may impose a charge for connection to the facilities at a rate to be determined from
time to time by the city, provided the charge is equal to the sums charged other city users for
comparable connections; and the connection charge shall belong exclusively to the city;
(14) The municipal utility district is authorized to assess, levy and collect ad valorem taxes upon all
taxable properties within the municipal utility district to provide for (a) the payment in full of the
municipal utility district's obligations, including principal, redemption premium, if any, and
interest on the bonds to be issued by the municipal utility district and to establish and maintain
any interest and sinking fund, debt service fund or reserve fund, (b) for administration, operation
and maintenance purposes, all in accordance with applicable law and (c) to pay expenses of
assessing and collecting the taxes. The city will levy and collect ad valorem taxes upon all
taxable properties in the city, including the municipal utility district;
(15) Unless the municipal utility district is in default under the terms of its allocation agreement after
reasonable opportunity to cure, the city shall not dissolve the municipal utility district until the
water, wastewater and drainage utilities required to serve the municipal utility district have been
completed and bonds issued by the municipal utility district to finance same; and the city shall
afford the municipal utility district the opportunity to discharge any obligations of the municipal
utility district pursuant to any existing agreements of the municipal utility district with third parties
for construction of facilities, by either (a) authorizing the municipal utility district to sell its bonds
before or during a transition period prior to the effective date of dissolution, as established by
the city, (b) issuing bonds and selling bonds of the city pursuant to Vernon's Texas Codes
Annotated, Local Government Code Section 43.080, as amended, in at least the amount
necessary to discharge the municipal utility district's obligations, including those under any such
agreements, or (c) providing written notice to the municipal utility district that the city has
sufficient funds available from other sources to discharge the municipal utility district's
obligations, including those under any such existing agreements with third parties. The city shall
have the right to dissolve the municipal utility district if construction of water, wastewater or
drainage utilities required to serve the municipal utility district does not begin within 36 months
of execution of the allocation agreement;
(16) All city ordinances and codes, including applicable permits, fees and inspections, shall be of full
force and effect within the boundaries of the municipal utility district in the same manner as with
respect to other areas within the city's corporate limits, except as specifically herein provided
otherwise;
(17) No bonds, other than refunding bonds, or notes of the municipal utility district shall be issued or
sold unless not less than 20 days following the filing of an application with the Texas
Commission on Environmental Quality for the approval of projects and bonds, the municipal
utility district provides the city with a copy of such application and not less than 30 days prior to
publication of notice of sale, the municipal utility district provides the city with a copy of the staff
memorandum of Texas Commission on Environmental Quality approving the projects and
bonds, a copy of its proposed bond order, preliminary official statement, bid form and notice of
sale and the following criteria are met.
Page 3
The municipal utility district shall not issue bonds unless the following conditions have been
satisfied:
The municipal utility district shall not issue any bonds, other than refunding bonds, unless
the purpose for which the proceeds of such bonds may be used is limited to one or more of
the following and no others:
Designing, purchasing and /or constructing or otherwise acquiring
(i) Waterworks facilities to provide water supply for municipal, domestic, and
commercial uses, excluding industrial uses,
(ii) Wastewater facilities to collect, transport, process, dispose of and control all
domestic or communal wastes, excluding industrial waste, whether in fluid, solid
or composite state, or
(iii) Stormwater drainage and detention facilities to gather, conduct, divert and control
local stormwater or other local harmful excesses of water in the municipal utility
district,
2. Purchasing, constructing, owning, operating, repairing, improving, extending or
otherwise acquiring interests in real property, improvements, facilities, appliances,
equipment, buildings, plants or structures necessary or incidental to the operation of
waterworks facilities, wastewater facilities, or stormwater drainage facilities. Proceeds
of the bonds for costs of operations of the municipal utility district shall not exceed ten
percent of the issuance amount; and
3. All costs of issuance of the bonds (including but not limited to legal fees, financial
advisory fees, administrative and organizational fees and expenses and costs of
operations during construction, bond discount, capitalized interest, developer interest,
creation costs, printing expenses, publication expenses and contingencies relative to
facilities not yet under contract). Proceeds of the bonds for costs of operations of the
municipal utility district shall not exceed ten percent of the issuance amount.
b. The municipal utility district shall not sell or issue any bonds unless:
The terms of such bonds expressly provide that the municipal utility district reserves
and shall have the right to redeem the bonds not later than the 15th anniversary of the
date of issuance, without premium;
2. The bonds, except refunding bonds, are sold after the taking of public bids therefor;
3. None of such bonds and bonds sold to a federal or state agency, other than refunding
bonds, is sold for less than 95 percent of par;
4. 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, does 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 and bids for the bonds will be received not
more than 45 days after notice of sale of the bonds is given;
5. The maximum term of any debt issuance shall be no greater than 25 years;
6. The minimum par amount of any bonds issued, except a final issue, shall be
$1,000,000.00;
7. Each issue of bonds shall be structured to achieve either level principal payments or
level debt service payments, excluding the first two years of debt service;
8. The municipal utility district shall submit to the city pro forma cash flows prepared in a
manner consistent with the financial feasibility rules of the Texas Commission on
Environmental Quality evidencing a municipal utility district tax rate (both maintenance
Page 4
and operations rate and interest and sinking rate combined) not to exceed $1.50 per
$100.00 assessed valuation; and
9. Each bond issue shall not include more than two years of capitalized interest.
The city staff shall review the documents required to be provided hereunder and the
evidence of compliance with the foregoing criteria within 15 days following receipt of
same. If the city staff gives a favorable approval of the bonds, an item will be placed
on the next available regular or special council meeting agenda for consideration by
the city council. The issuance of bonds by the municipal utility district must be
approved by the city council of the city, or its designee. Any costs incurred by the city
in connection with review of the issuance of bonds shall be paid by the municipal
utility district, in an amount not to exceed $2,500.00;
c. The municipal utility district's resolution authorizing the issuance of the municipal utility
district's bonds must contain a provision that the pledge of the revenues from the operation
of the municipal utility district's water and sewer and /or drainage system to the payment of
the municipal utility district's bonds will terminate when and if the city takes over the assets
of the municipal utility district and assumes all of the obligations of the municipal utility
district.
(18) The city acknowledges that a municipal utility district has authority to assess an unlimited tax for
payment of debt service. However, prior to implementation of any increase in tax rate above its
initial rate, the municipal utility district shall make a formal presentation to city council explaining
the need for the increase, at which time residents of the municipal utility district shall be given
an opportunity to be heard. Notice of such presentation shall be sent to each owner of taxable
property within the municipal utility district as reflected on its most recent certified tax roll. This
provision shall be in addition to any requirements of notice and hearing which may be contained
in the Texas Water Code and in the Texas Tax Code which apply to the municipal utility district;
(19) In addition to the information the municipal utility district is required to file of record as required
by the Texas Water Code, the municipal utility district shall annually deliver to each property
owner within the municipal utility district, as reflected on its most recent certified tax roll, written
notice of the existence of the municipal utility district and its right to assess taxes in addition to
those assessed by the city. Such notice shall also contain a reference to the allocation
agreement, the consent resolution and this paragraph. Such notice shall advise the property
owner that such documents are available for inspection during regular business hours in the
municipal utility district's office;
(20) The majority in value of landowners within the proposed municipal utility district shall enter into
a utility functions and services allocation agreement ( "allocation agreement ") with the city, which
shall contain the terms and conditions set forth in this section, as well as other terms and
conditions which may be agreed to by the city or imposed herein. The allocation agreement
shall be assigned by the proponent to the municipal utility district upon its creation;
(21) The allocation agreement shall be entered into simultaneously with the adoption of the consent
resolution;
(22) The municipal utility district shall establish an official meeting location within the corporate limits
of the city and at all times after the municipal utility district has 100 residential connections shall
hold the meetings of its board of directors at such location;
(23) In addition to any other notice requirements applicable to the municipal utility district, the
municipal utility district must post an agenda of the meetings of its board of directors at all
primary entrances to the municipal utility district and at the location designated for notices at city
hall not less than 72 hours prior to any meeting. An agenda shall also be provided to the city
manager of the city prior to any meeting of the board of directors.
Page 5
(24) The official office for recordkeeping of the municipal utility district must be accessible to the
district's residents and shall not require a long distance phone call for a district resident to
contact the official office for recordkeeping;
(25) The municipal utility district shall comply with all applicable requirements of the Texas
Commission on Environmental Quality regarding the display of signage at entrances into the
municipal utility district.
The city may specify other conditions with which the municipal utility district must comply in this code, the
resolution consenting to the creation of the municipal utility district, and /or the allocation agreement.
(Ord. No. 10003, § 1, 2- 10 -05)
Sec. 98 -704. - Petition for creation of municipal utility district.
Upon the presentation of a petition for consent for the creation of a municipal utility district within the
corporate limits of the city, the majority in value of landowners within the proposed municipal utility district
shall:
(1) Present evidence that the proposed municipal utility district contains 100 or more acres; present
evidence that the petition is filed on behalf of the majority in value of landowners within the
proposed municipal utility district; and show that the proposed municipal utility district is wholly
within the corporate limits of the city;
(2) Present a preliminary report describing the municipal utility district and proposed use of the land
within the municipal utility district showing that the proposed municipal utility district and land
use are feasible;
(3) Present an estimate of assessed valuation of the municipal utility district showing the value of
property as it exists on date of the petition; a build -out schedule showing the projected value of
the property when 50 percent of the projected vertical improvements for the municipal utility
district, exclusive of wastewater, water, sewer and drainage improvements, have been
completed; and showing the projected value of the improvements upon completion of the
development within the municipal utility district; and
(4) Agree that the majority in value of landowners within the proposed municipal utility district shall
develop the property for the purposes substantially as described in the preliminary report,
except as may otherwise be agreed by the proponent and the city, and that prior to
commencement of any improvements, will comply with all provisions of the subdivision
ordinances and zoning ordinances of the city.
(Ord. No. 10003, § 1, 2- 10 -05)
Sec. 98 -705. - Other requirements.
(a) The city reserves the right to impose other specific requirements relative to a given municipal utility
district, including, but not limited to park requirements, construction material for houses and other
buildings, amenities, and minimum lot sizes, which shall be agreed to and set forth in the allocation
agreement.
(b) The land within the district will be developed in accordance with the general plan to be approved by
the city.
(Ord. No. 10003, § 1, 2- 10 -05)
Sec. 98 -706. - Abolition.
Page 6
It is the policy of the city that a municipal utility district created within the city should not be abolished
until such time as it has retired all of its outstanding bonded indebtedness, so that the city's taxpayers
outside the municipal utility district shall not have to pay off all or any part of the bonded indebtedness
incurred by the municipal utility district. The city does reserve the right to abolish any municipal utility
district, regardless of whether it has any outstanding debt, if it is deemed to be in the best interest of the
city.
(Ord. No. 10003, § 1, 2- 10 -05)
Sec. 98 -707. - City services.
The city shall provide fire, police and other general city services to the areas within the municipal
utility district similar to those provided in similarly situated nonmunicipal utility district areas of the city.
Different levels of service may be provided if different characteristics of topography, land uses and
population density constitute a sufficient basis for providing different levels of service as determined by
the city.
(Ord. No. 10003, § 1, 2- 10 -05)
Page 7
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Exhibit "D"
Right -of -way and Municipal Utility Easement
The legal descriptions of the following are attached as follows:
Exhibit
Acres
Description
"D -1"
0.188 acres
10' right-of-way out of the 71.570 acre tract
"D -2"
0.544 acres
10' right-of-way out of the 14.727 acre tract
6&D -3"
0.186 acres
10' right-of-way out of the 52.142 acre tract
"D-4"
0.376 acres
20' municipal utility easement out of the 71.570 acre tract
"D -5"
1.109 acres
20' municipal utility easement out of the 14.727 acre tract
"13-6"
0.373 acres
20' municipal utility easement out of the 52.142 acre tract
71.570 ACRE TRACT
NEEDLEPOINT ROAD
10' RIGHT -OF -WAY WIDENING
0.188 ACRES
0.188 ACRES OUT OF THAT CERTAIN 71.570 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS. AND
BEING SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS
COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND
BOUNDS AS FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northwest corner of said 71.570 acre
tract and being the northeast corner of that certain 14.727 acre tract of land as evidenced
in deed filed in Clerk's File No. X990277 of the Official Public Records of Real Property
Harris County, Texas and being in the south line of Needlepoint Road (60' R.O.W. ) and
having point having State Plane Coordinates N: 13 866344.75, E:3257836.37, South
Central Zone;
THENCE N 77037'10" E, along the north line of the previously mentioned 71.570 acre
tract and the south line of Needlepoint Road, a distance of 819.64 feet to a
found 1 inch iron pipe for corner being the northeast corner of said 71.570
acre tract and the northwest corner of that certain 52.142 acre tract of land as
evidenced in deed filed in Clerk's File No. X961225 of the Official Public
Records of Real Property Harris County, Texas;
THENCE S 12 051'14" E, along the east line of the aforementioned 71.570 acre tract and
the west line of the previously mentioned 52.142 acre tract, a distance of
10.00 feet a point for corner;
THENCE S 77 038'25" E, leaving the east line of the aforementioned 71.570 acre tract
and the west line of the previously mentioned 52.142 acre tract, a distance of
0.08 feet to a point for corner;
THENCE S 77 037'10" E, a distance of 819.56 feet to a point for corner being on the
west line of aforementioned 71.570 acre tract of land and on the east line of
the earlier mentioned 14.727 acre tract;
THENCE N 12 050'54" W, along the west line of the aforementioned 71.570 acre tract
and the east line of the previously mentioned 14.727 acre tract, a distance of
10.00 feet to the POINT OF BEGINNING and containing 0.188 acres of
land.
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Files \OLK6D\Needlepoint 10' Widening - 71 570 Acre Tract (2).doc Page 1 of 1
14.727 ACRE TRACT
NEEDLEPOINT ROAD
10' RIGHT -OF -WAY WIDENING
0.554 ACRES
0.554 ACRES OUT OF THAT CERTAIN 14.727 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X990277 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northeast corner of previously
mentioned 14.727 acre tract and the northwest corner of that certain 71.570 acre tract of
land as evidenced in deed recorded in Clerk's File No. X633713 of the Official Public
Records of Real Property Harris County, Texas and being in the south line of
Needlepoint Road (60' R.O.W. ) and having point having State Plane Coordinates
N:13866344.75, E:3257836.37, South Central Zone;
THENCE S 12 050'54" E, along the east line of the aforementioned 14.727 acre tract
and the west line of previously mentioned 71.570 acre tract, a distance of
10.00 feet to a point for corner.
THENCE S 77 °37'10" W, leaving the east line of the aforementioned 14.727 acre tract
and the west line of the previously mentioned 71.570 acre tract, a distance of
0.04 feet to a point for comer,
THENCE S 77011'40" W, a distance 2,415.34 feet to a point for corner being located on
the west line of the aforementioned 14.727 acre tract and a point on the east
line of Sjolander Road (70' R.O.W.);
THENCE N 0902315" W, along the west line of the aforementioned 14.727 acre tract
and the east line of previously mentioned Sjolander Road, a distance of
10.02 feet to a found 5/8 inch iron rod for corner being the intersection of the
east line of Sjolander Road (70 foot R.O.W.) and the south line of earlier
mentioned Needlepoint Road;
THENCE N 77 011'40" E, along the north line of the aforementioned 14.727 acre tract
and the south line of previously mentioned Sjolander Road, a distance of
2,414.78 feet to the POINT OF BEGINNING and containing 0.554 acres of
land.
C:\Documents and Settings\Karen.Homer\Local Settings \Temporary Internet
Files \OLK6D\Needlepoint 10' Widening - 14 727 Acre Tract (2).doc Page 1 of 1
52.142 ACRE TRACT
NEEDLEPOINT ROAD
10' RIGHT -OF -WAY WIDENING
0.186 ACRES
0.186 ACRES OUT OF THAT CERTAIN 52.142 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X961225 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northwest corner of said 52.142 acre
tract and being the northeast corner of that certain 71.570 acre tract of land as evidenced
in deed filed in Clerk's Files No. X633713 of the Official Public Records of Real
Property Harris County, Texas and being in the southerly line of Needlepoint Road (60'
R.O.W. );
THENCE N 77 038'25" E, along the north line of the previously mentioned 52.142 acre
tract and the south line of Needlepoint Road, a distance of 812.21 feet to a
found 1 inch iron pipe for corner being the northeast comer of said 52.142
acre tract and the northwest corner of that certain 43.1651 acre tract of land as
evidenced in deed filed in Clerk's File No. V726885 of the Official Public
Records of Real Property Harris County, Texas;
THENCE S 12 048'23" E, along the east line of the aforementioned 52.142 acre tract and
the west line of the previously mentioned 41.1651 acre tract, a distance of
10.00 feet a point for corner,
THENCE S 77 038'25" W, leaving the east line of the aforementioned 52.142 acre tract
and the west line of the previously mentioned 41.1651 acre tract, a distance
of 812.20 to a point for corner being on the west line of the aforementioned
52.142 acre tract of land and on the east line of the earlier mentioned 71.570
acre tract;
THENCE N 12 051'14" W, along the west line of the aforementioned 52.142 acre tract
and the east line of the previously mentioned 71.570 acre trace, a distance of
10.00 feet to the POINT OP BEGINNING and containing 0.186 acres of
land.
C:\Documents and Settings\Karen.Homer\Local Settings \Temporary Internet
Files \OLK6D\Needlepoint 10' Widening - 52 142 Acre Tract.doc Page 1 of 1
71.570 ACRE TRACT
20' MUNICIPAL UTILITY EASEMENT
0.376 ACRES
0.376 ACRES OUT OF THAT CERTAIN 71.570 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS. AND
BEING SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A4, HARRIS
COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND
BOUNDS AS FOLLOWS:
COMMENCING at a found 1 inch iron pipe being the northwest corner of said 71.570
acre tract and being the northeast corner of that certain 14.727 acre tract of land as
evidenced in deed filed in Clerk's File No. X990277 of the Official Public Records of
Real Property Harris County, Texas and being in the south line of Needlepoint Road (60'
R.O.W. ) and having point having State Plane Coordinates N:13866344.75,
E:3257836.37, South Central Zone;
THENCE S 12 050'54" E, along the west line of previously mentioned 71.570 acre tract
and the east line of previously mentioned 14.727 acre tract, a distance of
10.00 feet to POINT OF BEGINNING;
THENCE N 77037'10" E, leaving the west line of previously mentioned 71.570 acre
tract and the east line of previously mentioned 14.727 acre tract, a distance of
819.56 feet to a point on the east line of said 71.570 acre tract and a point on
the west line of that certain 52.142 acre tract of land as evidenced in deed filed
in Clerk's File No. X961225 of the Official Public Records of Real Property
Harris County, Texas;
THENCE S 12 051'14" E, along the east line of the aforementioned 71.570 acre tract and
the west line of the previously mentioned 52.142 acre tract, a distance of
20.00 feet a point for corner,
THENCE S 77 038'25" E, leaving the east line of the aforementioned 71.570 acre tract
and the west line of the previously mentioned 52.142 acre tract, a distance of
0.25 feet to a point for corner;
THENCE S 77037'10" E, a distance of 819.39 feet to a point for corner being on the
west line of aforementioned 71.570 acre tract of land and on the east line of
the earlier mentioned 14.727 acre tract;
THENCE N 12 050'54" W, along the west line of the aforementioned 71.570 acre tract
and the east line of the previously mentioned 14.727 acre tract, a distance of
20.00 feet to the POINT OF BEGINNING and containing 0.376 acres of
land.
C:\Documents and Settings\Karen.Homer\Local Settings \Temporary Internet
Files \OLK6D\20' MUE - 71 570 Acre Tract (2).doc Page 1 of 1
14.727 ACRE TRACT
20' MUNICIPAL UTILITY EASEMENT
1.109 ACRES
1.109 ACRES OUT OF THAT CERTAIN 14.727 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X990277 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
COMMENCING at a found 1 inch iron pipe being the northeast comer of previously
mentioned 14.727 acre tract and the northwest corner of that certain 71.570 acre tract of
land as evidenced in deed recorded in Clerk's File No. X633713 of the Official Public
Records of Real Property Harris County, Texas and being in the south line of
Needlepoint Road (60' R.O.W. ) and having point having State Plane Coordinates
N:13866344.75, E:3257836.37, South Central Zone;
THENCE S 12 050'54" E, along the east line of the aforementioned 14.727 acre tract and
the west line of previously mentioned 71.570 acre tract, a distance of 10.00
feet to the POINT OF BEGINNING;
THENCE S 12 °50'54" E, continuing along the east line of the aforementioned 14.727
acre tract and the west line of previously mentioned 71.570 acre tract, a
distance of 20.00 feet to a point for comer.
THENCE S 77 037'10" W, leaving the east line of the previously mentioned 14.727 acre
tract and the west line of the previously mentioned 71.570 acre tract, a
distance of 0.13 feet to a point for corner;
THENCE S 77011'40" W, a distance 2,416.46 feet to a point for corner being located on
the west line of the aforementioned 14.727 acre tract and a point on the east
line of Sjolander Road (70' R.O.W.);
THENCE N 09023'l 5" W, along the west line of the aforementioned 14.727 acre tract
and the east line of previously mentioned Sjolander Road, a distance of
20.04 feet to a point for corner;
THENCE N 77 011'40" E, leaving the east line of Sjolander Road, a distance of
2,415.34 feet to a point for corner;
THENCE N 77037'10" E, a distance of 0.04 feet to the POINT OF BEGINNING and
containing 1.109 acres of land.
C:\Documents and Settings\Karen.Homer\Local Settings \Temporary Internet
Files \OLK6D\20' MUE - 14 727 Acre Tract.doc Page 1 of 1
52.142 ACRE TRACT
20' MUNICIPAL UTILITY EASEMENT
0.373 ACRES
0.373 ACRES OUT OF THAT CERTAIN 52.142 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X961225 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
COMMENCING at a found 1 inch iron pipe being the northwest corner of said 52.142
acre tract and being the northeast comer of that certain 71.570 acre tract of land as
evidenced in deed filed in Clerk's Files No. X633713 of the Official Public Records of
Real Property Hams County, Texas and being in the southerly line of Needlepoint Road
(60' R.O.W. );
THENCE S 12051'14" E, along the west line of previously mentioned 52.142 acre tract
and the east line of previously mentioned 71.570 acre tract, a distance of
10.00 feet to the POINT OF BEGINNING;
THENCE N 77 038'25" E, leaving the west line of previously mentioned 52.142 acre
tract and the east line of previously mentioned 71.570 acre tract, a distance of
812.20 feet to a point for corner being on the east line of said 52.142 acre
tract and on the west line of that certain 43.1651 acre tract of land as
evidenced in deed filed in Clerk's File No. V726885 of the Official Public
Records of Real Property Harris County, Texas;
THENCE S 12 048'23" E, along the east line of the aforementioned 52.142 acre tract and
the west line of the previously mentioned 41.1651 acre tract, a distance of
20.00 feet a point for corner;
THENCE S 77 °38'25" W, leaving the east line of the aforementioned 52.142 acre tract
and the west line of the previously mentioned 41.1651 acre tract, a distance
of 812.18 to a point for corner being on the west line of the aforementioned
52.142 acre tract of land and on the east line of the earlier mentioned 71.570
acre tract;
THENCE N 12 °51'14" W, along the west line of the aforementioned 52.142 acre tract
and the east line of the previously mentioned 71.570 acre trace, a distance of
20.00 feet to the POINT OF BEGINNING and containing 0.373 acres of
land.
C:\Documents and Settings\Karen.Homer\Local Settings \Temporary Internet
Files \OLK6D\20' MUE - 52 142 Acre Tract (2).doc Page 1 of 1
Exhibit "E"
Point of Connections
The location of the connection of the wastewater collection line from the Tract to
the City's wastewater collection system shall be at a location mutually agreeable to the
City and the Developer.
Exhibit "E." Page Solo
EXHIBIT 1
GOOSE CRI I RLSI RVT SUB DIVISION
PROPOSED LAYOUT AND CONS? RUCTION PI IASING
Q16SE
IA
-2016- LEFT CORT.7
' — IB - 017 2016 - IOf COUNT. A
Z - 2017 - 1Cf COUNT: 121
! - 2016 - TOT COUNT: 76
— ♦ - 2016 - LOT COUNT: K
! -2020 - LOT 402 !!
TOTAL lm COUNT: b7
SECTION
SECTION Z
SCION ]
SECTION 16
SCION ! - SEC11O1 to
GOOSE CREEK RESERVE
PHASE MINT
so
CL
MUD 459
EXHIBIT 2
CL
PROPOSED OFFSITE
WATERLINE
EXISTING 8" PVC WL z VALVE & TAPPING SLEEVE CONNECTION
CONNECTION TO EXISTING
0
8" PVC WATERLINE SE QUADRANT
GOOSE CREEK
RESERVE
c c"a Pvc CW6 SUBDIVISION
9 PVC i pvc c
Legend
ParcMa2015
HORIZONTAL BORING' CAD FH
CAD VALVES
watedines—CAD
PROPOSED 8" PVC WL
• 7HORIZONTAL BORING
PROPOSED 12" PVC WL
7U Cry fBffb- T... —� --,q
Date 2015-IG-30
TP
BAC
2 A r
: ACI
27
v
W BAKER RD
18 AC
6A4_._
9-10
MUD 459
EXHIBIT 3
PROPOSED OFFSITE
WATERLINE
CONNECTION
NW QUADRANT
GOOSE CREEK
RESERVE
SUBDIVISION
Legend
Parcels2015
+ CAD_FH
o CAD-VALVES
— waterlines CAD
-Date 2015-10-30
VALVE & TAPPING; SLEEVE
CONNECTION TO EXISTING
L)
16" AC WATERLINE
�z
PROPOSED 12" PVC WL
—METHOD OF CONSTRUCTION
TO HAVE LEAST DISTRUPTION
OF SERVICES TO EXISTING
SUBDIVISION
"c
I MT Ut-
IL
9-10
MUD 459
EXHIBIT 3
PROPOSED OFFSITE
WATERLINE
CONNECTION
NW QUADRANT
GOOSE CREEK
RESERVE
SUBDIVISION
Legend
Parcels2015
+ CAD_FH
o CAD-VALVES
— waterlines CAD
-Date 2015-10-30
f
CONNECT EXISTING
10" PVC SAN. AT MHS2 „
Y,d1� � Yar
�I
20" SCAN SL
_ u
MHS -2
ABANDON
EXISTING SL MHS -1
d ,w i '•� � w -, � N
TF
C?
Am �WR ° O } N j'° MUD 459
EXHIBIT
PROPOSED
SEWERLINE
+ 2 ABANDONED 2.5" FM v CONNECTION
SE QUADRANT
Y. GOOSE CREEK
o `°
RESERVE
•„ V �+ L—Lh+ SUBDIVISION
CONNECT EXISTING _
10" PVC SAN TO MHS -1 Parcals2015
SonManhole_CAD
b Cleanouts CAD
�c '{ / ■ LtRStatons –CAD
n.,
—► SewerNnes_CAD I
° MEMO' ForceMains CAD
p DECOMMISSION EXISTING y**
SAN. LIFT STATION r �A
�' PLUG S ABANDON
..r
4" SAN. FM Th. wy918w ,,,,T°e.,,N.emw.. V
5 cvq em —, TN. m. /Y M1Yw.l /x
EI,,w Date 20151030
°I
IL h �
20" SAN. SL
EXISTING MH# CA191
TO REPLACED WITH
A MIN. 6' DIA. MH.
R ..h °. .,.-. P.* rw� exw....n �¢m..c ..,.e•.r.+r.,
MUD 459
EXHIBIT 5
PROPOSED
SEWERLINE
CONNECTION
SW QUADRANT
GOOSE CREEK
RESERVE
SUBDIVISION
Legend
] Parcels2015
o SanManhole CAD
s Cleanouts_CAD
■ LfftStatlons CAD
SewerNnes_CAD
NONE, ForceMalns CAD
nMa�YY°rt °re�nMrorp°NigM
spby in°r TN° nay h lNw b°
�+r wr°m.. aNt rN ae.° n°r ryhn
mrmi �Nw a°.,..mh
Date 2015 -10.90