CC Resolution No. 2507RESOLUTION NO. 2507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE CREATION OF A POLITICAL
SUBDIVISION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 213-A, ONE PURPOSE OF WHICH WILL BE TO
SUPPLY FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO
FURNISH SANITARY SEWER SERVICES, ROADWAYS, RECREATIONAL
FACILITIES, OR DRAINAGE, WITHIN ITS BOUNDARIES, AND
CONSISTING OF 571.898 ACRES OF LAND SITUATED IN THE TALCOT
PATCHING SURVEY, ABSTRACT NUMBER 620, HARRIS COUNTY,
TEXAS; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, a political subdivision, one purpose of which is to supply fresh water for
domestic or commercial use or to furnish sanitary sewer services, roadways, recreational
facilities, or drainage, may not be created in the extraterritorial jurisdiction of a municipality
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 creation of Harris County Municipal Utility District
No. 213-A, hereinafter referred to as the "District," containing 571.898 acres of land, more or
less, within the extraterritorial jurisdiction of the City and located in Harris County, Texas, and
more particularly described in Section I hereof; and
WHEREAS, the City has also received a request, which is attached hereto as Exhibit `B"
and incorporated herein for all intents and purposes, for its written consent not to be effective
until March 9, 2018, and that it be revoked before such date if a certain condition precedent as
described in Exhibit `B" has not occurred by February 28, 2018; and
WHEREAS, the landowners and developers who have requested the City Council's consent
have assured the City that they are willing to accept such consent based upon the terms and
conditions as hereinafter stated, and that they, 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 of Baytown, Texas, hereby consents to the creation of Harris County
Municipal Utility District No. 213-A, as described in Exhibit "A," within the extraterritorial
jurisdiction of the City and located in Harris County, Texas, 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 embraced within the limits of Harris County Municipal Utility District No. 213-
A is more particularly described in Exhibit "A" of the petition (the "Land").
Section 2: That the City's consent to the creation of the District is expressly
contingent upon the following conditions:
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 Purposes 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;
➢ construct, acquire, improve, operate, or maintain roads or improvements
thereto, including storm drainage, in aid of those roads;
➢ construct, acquire, improve, operate, or maintain recreational facilities or
improvements thereto;
➢ 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 right to redeem said bonds on any interest payment date
subsequent to the 8t' anniversary of the date of issuance without premium. 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.
2
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
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.
g. 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 Harris
County, Texas, and otherwise comply with the applicable 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 (30) days prior thereto, which notice shall
3
include the amount of the bonds to be authorized, the timing of such issuance,
along with any other information requested by the City Manager.
i. 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.
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 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 attached hereto as Exhibit
64C.91
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 on March 9, 2018, after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative
City of Baytown this the 11th day of January, 2018.
ATTEST:
PAX i t I NI,
A.
e �
LETICIA BRYSCH, Ci Clerk
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APPROVED AS TO FORM: f OF e�
jGKACI0 RAMIREZ SR 1 Attorney
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ega1\Ka\Files-City Council\�fions\2018Vanuary I I\HarrisCount7yMUD213aCreation.doc
of the City Council of the
Mayor
Exhibit "A"
PETITION FOR CONSENT TO CREATION OF
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
THE STATE OF TEXAS §
COUNTY OF HARRIS §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN:
The undersigned, appearing through their duly authorized agent(s) and
representative(s), acting pursuant to the provisions of Chapters 49 and 54 of the Texas
Water Code, and Section 42.042 of the Texas Local Government Code, respectfully
petition this Honorable Council for its consent to the creation of a municipal utility
district, and for cause would respectfully show the following:
The name of the District shall be "Harris County Municipal Utility District No.
213-A" ("District").
The District shall be organized under the terms and provisions of Article III,
Section 52 and Article XVI, Section 59 of the Constitution of Texas, Chapters 49 and 54
of the Texas Water Code, and Chapter 8478, Texas Special District Local Laws Code.
The proposed District will contain an area of approximately 571.898 acres of
land, situated within Hams County, Texas, described by metes and bounds in Exhibit
'A" attached hereto and incorporated herein. The District is wholly within the
extraterritorial jurisdiction of the City of Baytown, Harris County, but it is anticipated the
land in the District will be annexed into the corporate limits of the City in the near future.
000395.000001\4830-1961-7619.v1
IV.
The undersigned constitute a majority in value of the holders of title to the lands
in the proposed District, as shown by the county tax rolls and conveyances of record
since the date of preparation of said county tax rolls.
V.
The proposed District shall be organized for the following purposes:
(1) provide a water supply for the District for municipal uses, domestic uses
and commercial purposes;
(2) collect, transport, process, dispose of and control all domestic, industrial,
or communal wastes whether in fluid, solid, or composite state;
(3) gather, conduct, divert and control local storm water or other local harmful
excesses of water in the District;
(4) design, acquire, construct, finance, improve, operate, and maintain
macadamized, graveled, or paved roads, or improvements in aid of those
roads; and
(5) such other construction, installation, maintenance, purchase, and
operation of such additional facilities, systems, plants and enterprises as
shall be consistent with the purposes for which the District is organized.
The aforementioned purposes may be accomplished by any mechanical and
chemical means and processes incident, necessary or helpful to such purposes, to the
extent authorized by law and the creation of the District, to the end that public health
and welfare may be conserved and prompted and the purity and sanitary condition of
the State's waters protected, effected and restored.
VI.
The general nature of the work to be done by and within the District at the
present time is: (i) the construction of a water distribution system for domestic and
commercial purposes; (ii) the construction of a sanitary sewer system; (iii) the control,
000395.000001\4830-1961-7619.v1
abatement and amendment of the harmful excess of waters and the reclamation and
drainage of overflowed lands within the District; (iv) the construction of macadamized,
graveled, or paved roads, or improvements in aid of those roads; and (v) such other
construction, installation, maintenance, purchase, and operation of such additional
facilities, systems, plants and enterprises, all to the extent authorized by law from time
to time.
VII.
There is a necessity for the improvements above described because the District
is located within an area which will experience a substantial and sustained residential
and commercial growth within the foreseeable future, is urban in nature and is not
supplied with adequate water, sanitary sewer, drainage facilities and services, and
roads. The health and welfare of the future inhabitants of the District require the
provision of adequate water, storm and sanitary sewer facilities and services, and
roads.
The provision of such water, storm and sanitary sewer facilities and services, and
roads will conserve and preserve the natural resources of this State by promoting and
protecting the purity and sanitary condition of the State's waters, and will promote and
protect the public health and welfare of the community; therefore, a public necessity
exists for the organization of said District.
The property cannot be developed without the creation of the District to finance
the water, sanitary sewer, drainage facilities and services, and roads; therefore a public
necessity exists.
000395.000001\4830-1961-7619.v1
The proposed improvements are practicable and feasible, in that the terrain of
the territory to be included in the proposed District is of such a nature that water, storm
and sanitary sewer facilities and services, and roads can be constructed or provided at
a reasonable cost; and said territory will be rapidly developed primarily for residential
purposes with some commercial and retail use.
IX.
A preliminary investigation has been instituted to determine the cost of the
proposed project, and it is now estimated by those filing this petition, from such
information as they have at this time, that the ultimate cost of the project contemplated
will be approximately $50,000,000.00.
X.
The undersigned request consent to the creation of the District encompassing
the land described in the attached Exhibit "A."
XI.
WHEREFORE, the undersigned respectfully pray that this Petition be granted in
all respects and that the City Council of the City of Baytown, Texas, adopt a resolution
giving its written consent to the creation of the District.
000395.000001\4830-1961-7619.vl
RESPECTFULLY SUBMITTED this the day of J goe,&- 2017.
GARTH-WALLISVILLE LTD.
A Texas Limited Partnership
By: &Gk '4
nftn A. Herrin
General Partner
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the 'L day ofvo>M�
2017, by John A. Herrin.
sss
CMOLINE JONES Notary Public, State texas
• ' NMAW ID 019106084.1
My Ca mdW= E*=
(March 20.2021
Name, Expiration Date, and Seal
000395.000001 \483 0-1961-7619.v 1
L833WOL 3MIJOAA�01DO al YFIAiON3 nolulmmoO VMot ,OS domm `�*._
Exhibit "A"
BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS, SITUATED
IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS COUNTY, TEXAS,
CONSISTING OF THAT CERTAIN 697.0651 -ACRE TRACT DESCRIBED BY METES AND
BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN 111.307 -ACRE TRACT ("SAVE
AND EXCEPT TRACT 1") DESCRIBED BY METES AND BOUNDS BELOW, AND SAVE
AND EXCEPT THAT CERTAIN 13.860 -ACRE TRACT ("SAVE AND EXCEPT TRACT 2")
DESCRIBED BY METES AND BOUNDS BELOW:
THE 697.0651 -ACRE TRACT:
BEGINNING at the intersection of the westerly right-of-way line of Garth Road (80 -foot
R.O.W.) and northerly right -of-way line of Wallisville Road (60 -foot R.O.W.);
THENCE, South 80° 13'00" West, along said northerly line, a distance of 1641.66 feet to a point
for comer;
THENCE, North 09°47'00" West, a distance of 500.00 feet to a point for corner;
THENCE, South 80°13'00" West, a distance of 473.58 feet to a point for corner;
THENCE, South 23042'00" East, a distance of 515.04 feet to a point for corner in the
aforementioned northerly line of Wallisville Road;
THENCE, North 89°32'55" West, along said northerly line, a distance of 2070.91 feet to a point
for comer at the intersection of said northerly line and the easterly line of Haney Road (80 -foot
R.O.W.);
THENCE, North 09°27' 55" West, along said easterly line a distance of 6843.50 feet to a point of
curvature;
000395.000001\4830-1961-7619.v I
THENCE, in a northwesterly direction, along said easterly line, following a curve to the left with
a central angle of 29033'35", a radius distance of 919.82 feet, a long chord bearing North
24°14'43" West, 469.30 feet, and a total arc length of 474.55 feet to a point for corner;
THENCE, North 81103'40" East, a distance of 4420.01 feet to a point for corner in the
aforementioned westerly line of Garth Road;
THENCE, South 07°26' 25" East, along said westerly line a distance of 4640.76 feet to a point
for corner;
THENCE, South 82°33'35" West, a distance of 1002.24 feet to a point for comer;
THENCE, South 04°15'35" West, a distance of 700.00 feet to a point for corner;
THENCE, South 85°44'25" East, a distance of 1168.47 feet to a point for corner in the
aforementioned westerly line of Garth Road;
THENCE, South 07°26'25" East, along said westerly line, a distance of 2043.92 feet to the
POINT OF BEGINNING, and CONTAINING 697.0651 acres (30,364,155 sq. ft.) of land in
Harris County, Texas.
SAVE AND EXCEPT TRACT 1:
Being all of the 111.307 -acre tract described in the deed to Compass Bank recorded under Harris
County Clerk's File Number 20110005202, being more particularly described by metes and
bounds as follows (all bearings are based on the record bearings of the called 717.279 acres as
described in the deed to Garth-Wallisville, Limited, recorded under Harris County Clerk's File
Number D892853): COMMENCING at a 1 -inch iron pipe found in the west right-of-way line of
Garth Road (width varies), recorded under Harris County Clerk's File Numbers D838008,
W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed Records,
marking the southeast corner of the called 89.1 acres conveyed to George Hamman in Volume
000395.000001 \4830-1961-7619.v 1
1054, Page 259 of the Harris County Deed Records, common with the northeast corner of said
called 717.279 acre tract and the northeast corner of the called 25,000 square feet tract conveyed
to Charles Kipple, Trustee recorded under Harris County Clerk's File Number H510278;
THENCE, South 07°26'25" East, along said west right-of-way line and said Garth Road, at a
distance of 100.00 feet, pass the southeast corner of said called 25,000 square feet tract, at a
distance of 2,035.56 feet, pass a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set
marking the northeast comer of the called 36.93 acre tract, conveyed to Costal Industrial Water
Authority recorded under Hams County Clerk's File Number D838008, at a distance of 2,364.83
feet, pass a 5/8 -inch iron rod found marking the southeast comer of said called 36.93 acre tract,
at a distance of 4,640.76 feet pass the northeast corner of the called 5.0000 acre tract, conveyed
to Goose Creek Independent School District, recorded under Harris County Clerk's File Number
G873953, at a distance of 4,853.40 feet, pass the southeast comer of said called 5.0000 acre tract
common with the northeast corner of a called 15.0000 acre tract conveyed to Goose Creek
Independent School District, recorded under Harris County Clerk's File Number G812757, at a
distance of 5,563.16 feet pass the southeast comer of said called 15.0000 acre tract, in all a total
distance of 5,685.71 feet to an angle corner in said west right-of-way line;
THENCE, North 85044125" West, continuing said west right-of-way line, a distance of 10.27
feet, to an angle corner in said west right-of-way line;
THENCE, South 07°26'25" East, continuing along said west right-of-way line, a distance of
25.02 feet to 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the
northeast comer and the POINT OF BEGINNING of the herein described tract;
THENCE, South 07°26'25" East, continuing along said west right-of-way line, a distance of
1,870.53 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the
000395.00000114830-1961-7619M
north end of the northwest right-of-way line cutback line at the intersection of said Garth Road
and Wallisville Road (width varies), as described in the deeds recorded under Harris County
Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of the
Harris County Map Records;
THENCE, South 36°32'16" West, along said northwest right-of-way cutback line, a distance of
21.59 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the
south end of said right-of-way cutback line;
THENCE, South 80°30'56" West, along the north right-of-way line of said Wallisville Road, a
distance of 772.43 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set
marking an angle corner of the herein described tract;
THENCE, South 07° 18'28" East, continuing along the said north right-of-way line, a distance of
18.57 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle
comer of the herein described tract;
THENCE, South 80°22' 16" West, continuing along said north right-of-way line, a distance of
844.01 feet, to an "X" in concrete found marking the southeast corner of a called 4.727 acre tract
conveyed to Houston Lighting & Power Company in Volume 3018, Page 26 of the Harris
County Deed Records, common with an angle corner of the herein described tract;
THENCE, North 09°36'02" West, along the east line of said called 4.727 acre tract, a distance of
498.68 feet, to a 5/8 -inch iron rod found marking the northeast comer of said called 4.727 acre
tract common with an interior corner of the herein described tract;
THENCE, South 80°23'58" West, along the north line of said called 4.727 acre tract, a distance
of 473.58 feet, to a 5/8 -inch rod found in the east line of a the 150 -foot wide Houston Lighting &
Power Company easement recorded in Volume 3021, Page 30 of the Harris County Deed
000395-00000 IW830-1961-7619.v I
Records, common with the east line of the 22 -foot wide Houston Lighting & Power Company
easement recorded in Volume 2809, Page 645 of the Harris County Deed Records, marking the
northwest comer of said called 4.727 acre tract common with an angle corner of the herein
described tract;
THENCE, North 23°29'12" West, along the east line of said 22 -foot wide Houston Lighting and
Power easement common with the east line of a said 150 -foot Houston Lighting and Power
easement, a distance of 1,966.90 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra
Surveying" set in the south line of the 20 -foot wide Seagull Petrochemical Corporation pipeline
easement recorded under Harris County Clerk's File Numbers M373402 and M645320 marking
the northwest corner of the herein described tract;
THENCE, North 66°30'50" East, along the south line of said 20 -foot wide Seagull Petrochemical
Corporation pipeline easement, a distance of 26.94 feet, to a 5/8 -inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein described tract;
THENCE, North 79°53'08" East, continuing along said south line, a distance of 505.26 feet, to a
5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle comer of the
herein described tract;
THENCE, South 85°44'33" East, continuing along said south line, a distance of 2,147.85 feet, to
a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle corner of
the herein described tract;
THENCE, North 85°52'33" East, continuing along said south line, a distance of 32.31 feet to the
POINT OF BEGINNING and containing 111.307 acres (4,848,534 square feet) of land.
SAVE AND EXCEPT TRACT 2:
000395.00000144830-1961-7619.v1
Being all of the 13.860 -acre tract described in the deed to Compass Bank recorded under Hams
County Clerk's File Number 20110005202 and being more particularly described by metes and
bounds as follows (all bearings are based on the record bearings of the called 717.279 acres as
described in the deed to Garth-Wallisville, Limited, recorded under Hams County Clerk's File
Number D892853): COMMENCING at a 5/8 -inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the north end of the northwest right-of-way line cutback line at the
intersection of Garth Road (width varies), recorded under Harris County Clerk's File Numbers
D838008, W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed
Records and Wallisville Road (width varies), as described in the deeds recorded under Harris
County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of
the Harris County Map Records;
THENCE, South 36°32' 16" West, along said northwest right-of-way cutback line, a distance of
21.59 feet, to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking the
south end of said right-of-way cutback line;
THENCE, South 80°30'56" West, along the north right-of-way line of said Wallisville Road, a
distance of 772.43 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set
marking an angle corner of the herein described tract;
THENCE, South 07°18'28" East, continuing along the said north right-of-way line, a distance of
18.57 feet to a 5/8 -inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22'16" West, continuing along said north right-of-way line, a distance of
1,199.32 feet, to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set
marking an angle comer in said north right-of-way line;
000395.00000 IW830-1961-7619.v I
THENCE, North 89°32'55" West, continuing along said north right-of-way line, a distance of
158.75 feet to the intersection of said north right-of-way line and the west line of the 150 -foot
wide Houston Lighting & Power Company easement recorded in Volume 3021, Page 30 of the
Harris County Deed Records;
THENCE, North 23°29'10" West, along said west line, a distance of 403.68 feet to a 5/8 -inch
iron rod with plastic cap stamped "TERRA SURVEYING" set marking the intersection of said
west line and the north line of the 50 -foot wide Humble Oil and Refining Company easement
recorded in Volume 5296, Page 354, of the Harris County Deed Records marking the south
corner and POINT OF BEGINNING of the herein described tract;
THENCE, North 57°51'55" West, along said north line, a distance of 1,342.79 feet to a 5/8 -inch
iron rod with plastic cap stamped "S & V SURVEYING" found marking the west comer of the
aforesaid 13.860 acre tract common with the west corner of the herein described tract;
THENCE, North 51 °01' 12" East, along a northwesterly line of said 13.860 acre tract, a distance
of 651.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found
marking an angle corner of said 13.860 acre tract common with an angle corner of the herein
described tract;
THENCE, North 23°29'12" West, along a westerly line of said 13.860 acre tract, a distance of
832.92 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V SURVEYING" found in the
south line of the called 11.46 acre San Jacinto River Authority easement marking the northwest
corner of said 13.860 acre tract common with the northwest corner of the herein described tract;
THENCE, North 79°53'28" East, along said south line, a distance of 133.63 feet to a 5/8 -inch
iron rod with plastic cap stamped "S & V SURVEYING" found marking the northeast corner of
said 13.860 acre tract common with the intersection of said south line and the aforesaid west line
000395.000001\4830-1961-7619.v1
of the 150 -foot wide Houston Lighting & Power Company easement and the northeast corner of
the herein described tract;
THENCE, South 23°29'10" East, along said west line, a distance of 2,084.38 feet to the POINT
OF BEGINNING and containing 13.860 acres (603,742 square feet) of land.
000395.0000014830-1961-7619.v1
H.B. No. 3925
AN ACT
relating to the dissolution of the Harris County Municipal Utility
District No. 213; the creation of the Harris County Municipal
Utility District No. 213-A; the creation of the Harris County
Municipal Utility District No. 213-B; granting a limited power of
eminent domain; providing authority to issue bonds; providing
authority to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. On the effective date of this Act:
(1) the Harris County Municipal Utility District No.
213 is dissolved;
(2) the terms of the directors of the district expire;
and
(3) any assets of the district, including any tax or
assessment revenue, that remain after payment of the district's
liabilities are transferred to the Harris County Municipal Utility
District No. 213-A.
SECTION 2. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8478 to read as follows:
CHAPTER 8478. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8478.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
-() "Commission" means the Texas Commission on
Environmental Quality.
_(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 213-A.
Sec. 8478.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59 Article XVI
Texas Constitution.
Sec. 8478.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided bV Section 49.102, Water Code
Sec. 8478.004. CONSENT OF MUNICIPALITY REQUIRED The
temporary directors may not hold an election under Section 8478 003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8478.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT (a)
The district is created to serve a public purpose and benefit
(b) The district is created to accomplish the purposes of•
(1) a municipal utility district as provided by
general law and Section 59, Article XVI Texas Constitution• and
(2) Section 52, Article III, Texas Constitution that
relate to the construction acquisition improvement operation
or maintenance of macadamized graveled or paved roads or
improvements, including storm drainage in aid of those roads
Sec. 8478.006. INITIAL DISTRICT TERRITORY (a) The
district is initially composed of the territory described by
Section 3 of the Act enacting this chapter.
( ) The boundaries and field notes contained in Section 3 of
the Act enacting this chapter form a closure A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) richt to impose a tax; or
(4) legality or operation.
Sec. 8478.007. ANNEXATION BY MUNICIPALITY.
Notwithstanding any other law, if all of the territory of the
district is annexed by a municipality into the corporate limits of
that municipality before the date of the election under Section_
8478.003, the district may not be dissolved and shall continue
until the district is dissolved under Section 43.074, Local
Government Code.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8478.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8478.052, directors serve
staggered four-year terms.
Sec. 8478.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) William K. Taylor;
(2) James Coursey; and
(3) Jacob Saour.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8478.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8478.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8478.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five Persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8478.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8478.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state including Chapters 49 and 59 Water Code
applicable to municipal utility districts created under Section 59
Article XVI, Texas Constitution.
Sec. 8478.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized graveled, or paved roads or
improvements, including storm drainage in aid of those roads
_Sec. 8478.104. ROAD STANDARDS AND REQUIREMENTS (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8478.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165 Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8478.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
Sec. 8478.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8478.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 3 of the Act enacting this chapter.
Sec. 8478.159. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8978.003 to confirm the district's creation.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located
Sec. 8478.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
A new district created by the division of the district shall hold a
confirmation and directors' election as required by Section
8478.003.
(b) If the creation of the new district is confirmed the
new district shall provide the election date and results to the
commission.
Sec. 8478.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes the
new district must hold an election as required by this chapter to
obtain voter approval.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8478.201. ELECTIONS REGARDING TAXES OR BONDS (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8478 203
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
Payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8478.202. OPERATION AND MAINTENANCE TAX (a) If
authorized at an election held under Section 8978.201 the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election._
Sec. 8478.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8478.251. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8478.252. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct _ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding.
Sec. 8478.253. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road Projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 3. The Harris County Municipal Utility District
No. 213-A initially includes all the territory contained in the
following area:
BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS,
SITUATED IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS
COUNTY, TEXAS, CONSISTING OF THAT CERTAIN 697.0651 -ACRE TRACT
DESCRIBED BY METES AND BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN
111.307 -ACRE TRACT ("SAVE AND EXCEPT TRACT 11-) DESCRIBED BY METES
AND BOUNDS BELOW, AND SAVE AND EXCEPT THAT CERTAIN 13.860 -ACRE
TRACT ("SAVE AND EXCEPT TRACT 2") DESCRIBED BY METES AND BOUNDS
BELOW:
THE 697.0651 -ACRE TRACT:
BEGINNING at the intersection of the westerly right-of-way line of
Garth Road (80 -foot R.O.W.) and northerly right -of-way line of
Wallisville Road (60 -foot R.O.W.);
THENCE, South 80013100" West, along said northerly line, a distance
of 1641.66 feet to a point for corner;
THENCE, North 09°47100" West, a distance of 500.00 feet to a point
for corner;
THENCE, South 80013100" West, a distance of 473.58 feet to a point
for corner;
THENCE, South 23°42'00" East, a distance of 515.04 feet to a point
for corner in the aforementioned northerly line of Wallisville
Road;
THENCE, North 89°32'55" West, along said northerly line, a distance
of 2070.91 feet to a point for corner at the intersection of said
northerly line and the easterly line of Haney Road (80 -foot
R.O.W.);
THENCE, North 09°27' 55" West, along said easterly line a distance
of 6843.50 feet to a point of curvature;
THENCE, in a northwesterly direction, along said easterly line,
following a curve to the left with a central angle of 29°33'35", a
radius distance of 919.82 feet, a long chord bearing North 24°14143"
West, 469.30 feet, and a total arc length of 474.55 feet to a point
for corner;
THENCE, North 81°03'40" East, a distance of 4420.01 feet to a point
for corner in the aforementioned westerly line of Garth Road;
THENCE, South 07026' 25" East, along said westerly line a distance
of 4640.76 feet to a point for corner;
THENCE, South 82033135" West, a distance of 1002.24 feet to a point
for corner;
THENCE, South 04015'35" West, a distance of 700.00 feet to a point
for corner;
THENCE, South 85044125" East, a distance of 1168.47 feet to a point
for corner in the aforementioned westerly line of Garth Road;
THENCE, South 07°26125" East, along said westerly line, a distance
of 2043.92 feet to the POINT OF BEGINNING, and CONTAINING 697.0651
acres (30,364,155 sq. ft.) of land in Harris County, Texas.
SAVE AND EXCEPT TRACT 1:
Being all of the 111.307 -acre tract described in the deed to Compass
Bank recorded under Harris County Clerk's File Number 20110005202,
being more particularly described by metes and bounds as follows
(all bearings are based on the record bearings of the called 717.279
acres as described in the deed to Garth-Wallisville, Limited,
recorded under Harris County Clerk's File Number D892853):
COMMENCING at a 1 -inch iron pipe found in the west right-of-way line
of Garth Road (width varies), recorded under Harris County Clerk's
File Numbers D838008, W485307 and X600931 and in Volume 858, Page
333 of the Harris County Deed Records, marking the southeast corner
of the called 89.1 acres conveyed to George Hamman in Volume 1054,
Page 259 of the Harris County Deed Records, common with the
northeast corner of said called 717.279 acre tract and the
northeast corner of the called 25,000 square feet tract conveyed to
Charles Kipple, Trustee recorded under Harris County Clerk's File
Number H510278;
THENCE, South 07026'25" East, along said west right-of-way line and
said Garth Road, at a distance of 100.00 feet, pass the southeast
corner of said called 25,000 square feet tract, at a distance of
2,035.56 feet, pass a 5/8 -inch iron rod with plastic cap stamped
"Terra Surveying" set marking the northeast corner of the called
36.93 acre tract, conveyed to Costal Industrial Water Authority
recorded under Harris County Clerk's File Number D838008, at a
distance of 2,364.83 feet, pass a 5/8 -inch iron rod found marking
the southeast corner of said called 36.93 acre tract, at a distance
of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
tract, conveyed to Goose Creek Independent School District,
recorded under Harris County Clerk's File Number G873953, at a
distance of 4,853.40 feet, pass the southeast corner of said called
5.0000 acre tract common with the northeast corner of a called
15.0000 acre tract conveyed to Goose Creek Independent School
District, recorded under Harris County Clerk's File Number G812757,
at a distance of 5,563.16 feet pass the southeast corner of said
called 15.0000 acre tract, in all a total distance of 5,685.71 feet
to an angle corner in said west right-of-way line;
THENCE, North 85044125" West, continuing said west right-of-way
line, a distance of 10.27 feet, to an angle corner in said west
right-of-way line;
THENCE, South 07°26'25" East, continuing along said west
right-of-way line, a distance of 25.02 feet to 5/8 -inch iron rod
with plastic cap stamped "Terra Surveying" set marking the
northeast corner and the POINT OF BEGINNING of the herein described
tract;
THENCE, South 07°26125" East, continuing along said west
right-of-way line, a distance of 1,870.53 feet, to a 5/8 -inch iron
rod with plastic cap stamped "Terra Surveying" set marking the
north end of the northwest right-of-way line cutback line at the
intersection of said Garth Road and Wallisville Road (width
varies), as described in the deeds recorded under Harris County
Clerk's File Numbers W485307, X715895 and X600931 and in Volume
311, Page 3 of the Harris County Map Records;
THENCE, South 36°32'16" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80030156" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07°18128" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22116" West, continuing along said north
right-of-way line, a distance of 844.01 feet, to an "X" in concrete
found marking the southeast corner of a called 4.727 acre tract
conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
of the Harris County Deed Records, common with an angle corner of
the herein described tract;
THENCE, North 09036102" West, along the east line of said called
4.727 acre tract, a distance of 49B.68 feet, to a 5/8 -inch iron rod
found marking the northeast corner of said called 4.727 acre tract
common with an interior corner of the herein described tract;
THENCE, South 80°2358" West, along the north line of said called
4.727 acre tract, a distance of 473.58 feet, to a 5/8 -inch rod found
in the east line of a the 150 -foot wide Houston Lighting & Power
Company easement recorded in Volume 3021, Page 30 of the Harris
County Deed Records, common with the east line of the 22 -foot wide
Houston Lighting & Power Company easement recorded in Volume 2809,
Page 645 of the Harris County Deed Records, marking the northwest
corner of said called 4.727 acre tract common with an angle corner
of the herein described tract;
THENCE, North 23029'12" West, along the east line of said 22 -foot
wide Houston Lighting and Power easement common with the east line
of a said 150 -foot Houston Lighting and Power easement, a distance
of 1,966.90 feet to a 5/8 -inch iron rod with plastic cap stamped
"Terra Surveying" set in the south line of the 20 -foot wide Seagull
Petrochemical Corporation pipeline easement recorded under Harris
County Clerk's File Numbers M373402 and M645320 marking the
northwest corner of the herein described tract;
THENCE, North 66030'50" East, along the south line of said 20 -foot
wide Seagull Petrochemical Corporation pipeline easement, a
distance of 26.94 feet, to a 5/8 -inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 79053108" East, continuing along said south line, a
distance of 505.26 feet, to a 5/8 -inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, South 85°44'33" East, continuing along said south line, a
distance of 2,147.85 feet, to a 5/8 -inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 85052133" East, continuing along said south line, a
distance of 32.31 feet to the POINT OF BEGINNING and containing
111.307 acres (4,848,534 square feet) of land.
SAVE AND EXCEPT TRACT 2:
Being all of the 13.860 -acre tract described in the deed to Compass
Bank recorded under Harris County Clerk's File Number 20110005202
and being more particularly described by metes and bounds as
follows (all bearings are based on the record bearings of the called
717.279 acres as described in the deed to Garth-Wallisville,
Limited, recorded under Harris County Clerk's File Number D892853):
COMMENCING at a 5/8 -inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the north end of the northwest right-of-way
line cutback line at the intersection of Garth Road (width varies),
recorded under Harris County Clerk's File Numbers D838008, W485307
and X600931 and in Volume 858, Page 333 of the Harris County Deed
Records and Wallisville Road (width varies), as described in the
deeds recorded under Harris County Clerk's File Numbers W485307,
X715895 and X600931 and in Volume 311, Page 3 of the Harris County
Map Records;
THENCE, South 36032'16" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80°30'56" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07°18128" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/B -inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22116" West, continuing along said north
right-of-way line, a distance of 1,199.32 feet, to a 5/8 -inch iron
rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
corner in said north right-of-way line;
THENCE, North 89032155" West, continuing along said north
right-of-way line, a distance of 158.75 feet to the intersection of
said north right-of-way line and the west line of the 150 -foot wide
Houston Lighting & Power Company easement recorded in Volume 3021,
Page 30 of the Harris County Deed Records;
THENCE, North 23029110" West, along said west line, a distance of
403.68 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the intersection of said west line and the
north line of the 50 -foot wide Humble Oil and Refining Company
easement recorded in Volume 5296, Page 354, of the Harris County
Deed Records marking the south corner and POINT OF BEGINNING of the
herein described tract;
THENCE, North 57°51'55" West, along said north line, a distance of
1,342.79 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the west corner of the aforesaid 13.860
acre tract common with the west corner of the herein described
tract;
THENCE, North 51001'12" East, along a northwesterly line of said
13.860 acre tract, a distance of 651.92 feet to a 5/8 -inch iron rod
with plastic cap stamped "S & V SURVEYING" found marking an angle
corner of said 13.860 acre tract common with an angle corner of the
herein described tract;
THENCE, North 23029112" West, along a westerly line of said 13.860
acre tract, a distance of 832.92 feet to a 5/8 -inch iron rod with
plastic cap stamped "S & V SURVEYING" found in the south line of the
called 11.46 acre San Jacinto River Authority easement marking the
northwest corner of said 13.860 acre tract common with the
northwest corner of the herein described tract;
THENCE, North 79°53'28" East, along said south line, a distance of
133.63 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the northeast corner of said 13.860 acre
tract common with the intersection of said south line and the
aforesaid west line of the 150 -foot wide Houston Lighting & Power
Company easement and the northeast corner of the herein described
tract;
THENCE, South 23°29'10" East, along said west line, a distance of
2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
(603,742 square feet) of land.
SECTION 4. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8479 to read as follows:
CHAPTER 8479. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-B
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8479.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 213-B.
Sec. 8479.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8479.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec 8479 004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8479.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8479.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8479.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 5 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 5 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond,
(3) right to impose a tax; or
(4) legality or operation.
Sec. 8479.007. ANNEXATION BY MUNICIPALITY.
Notwithstanding any other law, if all of the territory of the
district is annexed by a municipality into the corporate limits of
that municipality before the date of the election under Section
8479.003, the district may not be dissolved and shall continue
until the district is dissolved under Section 43.074, Local
Government Code.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8479.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8479.052, directors serve
staggered four-year terms.
Sec. 8479.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2013, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
Petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8479.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8479.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8479.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8479.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8479.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8479.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8479.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
proiect must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
proiect must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road proiect is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8479.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8479.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
Sec. 8479.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8479.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 5 of the Act enacting this chapter.
Sec. 8479.154. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8479.003 to confirm the district's creation.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
Sec 8479 155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
A new district created by the division of the district shall hold a
confirmation and directors' election as required by Section
8479.003.
(b) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 8979.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by this chapter to
obtain voter approval.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8479.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8979.203.
(b) The district must hold an election in the manner
provided by Chapters 99 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
Payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road proiect unless the issuance is approved by a
vote of a two-thirds maiority of the district voters voting at an
election held for that purpose.
Sec. 8979.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8479.201, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
_exceed the rate approved at the election.
Sec. 8979.203. CONTRACT TAXES. (a) In accordance with
Section 99.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a maiority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8479.251. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8979.252. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding.
Sec. 8479.253. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road proiects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 5. The Harris County Municipal Utility District
No. 213-B initially includes all the territory contained in the
following area:
Tract 1 and Tract 2 collectively containing 125.167 acres
(5,452,276 square feet) of land situated in the Talcott Patching
Survey, Abstract Number 620, Harris County, Texas, and being all of
the 111.307 acre tract and all of the 13.860 acre tract described in
the deed to Compass Bank, recorded under Harris County Clerk's File
Number 20110005202; said 125.167 acres being more particularly
described in two tracts by metes and bounds as follows (all bearings
are based on the record bearings of the called 717.279 acres as
described in the deed to Garth-Wallisville, Limited, recorded under
Harris County Clerk's File Number D892853):
Tract 1:
COMMENCING at a 1 -inch iron pipe found in the west right-of-way line
of Garth Road (width varies), recorded under Harris County Clerk's
File Numbers D838008, W485307 and X600931 and in Volume 858, Page
333 of the Harris County Deed Records, marking the southeast corner
of the called 89.1 acres conveyed to George Hamman in Volume 1054,
Page 259 of the Harris County Deed Records, common with the
northeast corner of said called 717.279 acre tract and the
northeast corner of the called 25,000 square feet tract conveyed to
Charles Kipple, Trustee recorded under Harris County Clerk's File
Number H510278;
THENCE, South 07°2625" East, along said west right-of-way line and
said Garth Road, at a distance of 100.00 feet, pass the southeast
corner of said called 25,000 square feet tract, at a distance of
2,035.56 feet, pass a 5/8 -inch iron rod with plastic cap stamped
"Terra Surveying" set marking the northeast corner of the called
36.93 acre tract, conveyed to Costal Industrial Water Authority
recorded under Harris County Clerk's File Number D838008, at a
distance of 2,364.83 feet, pass a 5/8 -inch iron rod found marking
the southeast corner of said called 36.93 acre tract, at a distance
of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
tract, conveyed to Goose Creek Independent School District,
recorded under Harris County Clerk's File Number G873953, at a
distance of 4,853.40 feet, pass the southeast corner of said called
5.0000 acre tract common with the northeast corner of a called
15.0000 acre tract conveyed to Goose Creek Independent School
District, recorded under Harris County Clerk's File Number G812757,
at a distance of 5,563.16 feet pass the southeast corner of said
called 15.0000 acre tract, in all a total distance of 5,685.71 feet
to an angle corner in said west right-of-way line;
THENCE, North 85044'25" West, continuing said west right-of-way
line, a distance of 10.27 feet, to an angle corner in said west
right-of-way line;
THENCE, South 07°26'25" East, continuing along said west
right-of-way line, a distance of 25.02 feet to 5/8 -inch iron rod
with plastic cap stamped "Terra Surveying" set marking the
northeast corner and the POINT OF BEGINNING of the herein described
tract;
THENCE, South 07026125" East, continuing along said west
right-of-way line, a distance of 1,870.53 feet, to a 5/8 -inch iron
rod with plastic cap stamped "Terra Surveying" set marking the
north end of the northwest right-of-way line cutback line at the
intersection of said Garth Road and Wallisville Road (width
varies), as described in the deeds recorded under Harris County
Clerk's File Numbers W485307, X715895 and X600931 and in Volume
311, Page 3 of the Harris County Map Records;
THENCE, South 36°32116" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80°30956" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07°18128" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80022'16" West, continuing along said north
right-of-way line, a distance of 844.01 feet, to an "X" in concrete
found marking the southeast corner of a called 4.727 acre tract
conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
of the Harris County Deed Records, common with an angle corner of
the herein described tract;
THENCE, North 09°36102" West, along the east line of said called
4.727 acre tract, a distance of 498.68 feet, to a 5/8 -inch iron rod
found marking the northeast corner of said called 4.727 acre tract
common with an interior corner of the herein described tract;
THENCE, South 80023158" West, along the north line of said called
4.727 acre tract, a distance of 473.58 feet, to a 5/8 -inch rod found
in the east line of a the 150 -foot wide Houston Lighting & Power
Company easement recorded in Volume 3021, Page 30 of the Harris
County Deed Records, common with the east line of the 22 -foot wide
Houston Lighting & Power Company easement recorded in Volume 2809,
Page 645 of the Harris County Deed Records, marking the northwest
corner of said called 4.727 acre tract common with an angle corner
of the herein described tract;
THENCE, North 23°29'12" West, along the east line of said 22 -foot
wide Houston Lighting and Power easement common -with the east line
of a said 150 -foot Houston Lighting and Power easement, a distance
of 1,966.90 feet to a 5/8 -inch iron rod with plastic cap stamped
"Terra Surveying" set in the south line of the 20 -foot wide Seagull
Petrochemical Corporation pipeline easement recorded under Harris
County Clerk's File Numbers M373402 and M645320 marking the
northwest corner of the herein described tract;
THENCE, North 66°30'50" East, along the south line of said 20 -foot
wide Seagull Petrochemical Corporation pipeline easement, a
distance of 26.94 feet, to a 5/8 -inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 79'53'08" East, continuing along said south line, a
distance of 505.26 feet, to a 5/8 -inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, South 85'44'33" East, continuing along said south line, a
distance of 2,147.85 feet, to a 5/8 -inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 85°52'33" East, continuing along said south line, a
distance of 32.31 feet to the POINT OF BEGINNING and containing
111.307 acres (4,848,534 square feet) of land.
Tract 2:
COMMENCING at a 5/8 -inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the north end of the northwest right-of-way
line cutback line at the intersection of Garth Road (width varies),
recorded under Harris County Clerk's File Numbers D838008, W485307
and X600931 and in Volume 858, Page 333 of the Harris County Deed
Records and Wallisville Road (width varies), as described in the
deeds recorded under Harris County Clerk's File Numbers W485307,
X715895 and X600931 and in Volume 311, Page 3 of the Harris County
Map Records;
THENCE, South 36°32'16" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8 -inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80030'56" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8 -inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07018'28" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/8 -inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22'16" West, continuing along said north
right-of-way line, a distance of 1,199.32 feet, to a 5/8 -inch iron
rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
corner in said north right-of-way line;
THENCE, North 89°32'55" West, continuing along said north
right-of-way line, a distance of 158.75 feet to the intersection of
said north right-of-way line and the west line of the 150 -foot wide
Houston Lighting & Power Company easement recorded in Volume 3021,
Page 30 of the Harris County Deed Records;
THENCE, North 23°29110" West, along said west line, a distance of
403.68 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the intersection of said west line and the
north line of the 50 -foot wide Humble Oil and Refining Company
easement recorded in Volume 5296, Page 354, of the Harris County
Deed Records marking the south corner and POINT OF BEGINNING of the
herein described tract;
THENCE, North 57051155" West, along said north line, a distance of
1,342.79 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the west corner of the aforesaid 13.860
acre tract common with the west corner of the herein described
tract;
THENCE, North 51°01'12" East, along a northwesterly line of said
13.860 acre tract, a distance of 651.92 feet to a 5/8 -inch iron rod
with plastic cap stamped "S & V SURVEYING" found marking an angle
corner of said 13.860 acre tract common with an angle corner of the
herein described tract;
THENCE, North 23°29'12" West, along a westerly line of said 13.860
acre tract, a distance of 832.92 feet to a 5/8 -inch iron rod with
plastic cap stamped "S & V SURVEYING" found in the south line of the
called 11.46 acre San Jacinto River Authority easement marking the
northwest corner of said 13.860 acre tract common with the
northwest corner of the herein described tract;
THENCE, North 79°53'28" East, along said south line, a distance of
133.63 feet to a 5/8 -inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the northeast corner of said 13.860 acre
tract common with the intersection of said south line and the
aforesaid west line of the 150 -foot wide Houston Lighting & Power
Company easement and the northeast corner of the herein described
tract;
THENCE, South 23°29110" East, along said west line, a distance of
2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
(603,742 square feet) of land.
SECTION 6. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 7. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8478, Special District Local Laws Code, as added by Section 2 of
this Act, is amended by adding Section 8478.106 to read as follows:
Sec. 8478.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain_
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 8. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8479, Special District Local Laws Code, as added by Section 4 of
this Act, is amended by adding Section 8479.106 to read as follows:
Sec. 8479.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain_
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 9. This Act takes effect September 1, 2013.
President of the Senate
Speaker of the House
I certify that H.B. No. 3925 was passed by the House on May 2,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
Chief Clerk of the House
May I certify that H.B. No. 3925 was passed by the Senate on
17, 2013, by the following vote: Yeas 31, Nays 0.
APPROVED:
Date
Governor
Secretary of the Senate
Exhibit "B"
Garth-Wallisville Ltd.,
a Texas limited partnership
c/o CoatslRose
9 Greenway Plaza, Suite 1100
Houston, Texas 77046
Mayor and City Council
City of Baytown, Texas
2401 Market Street
Baytown, Texas 77520
Re: Hams County Municipal Utility District No. 213-A (the "District")
Dear Mayor and Honorable City Council Members:
The undersigned has petitioned the City Council for its consent to the creation of the
above -referenced District. As you know, such Petition was filed in anticipation of the
undersigned selling 500.534 acres to Friendswood Development Company, a/k/a Lennar Homes
of Texas Land and Construction, Ltd., a Texas limited partnership ("Friendswood"). I request
that the City adopt a resolution consenting to the creation of the District (the "Resolution") to
have an effective date of March 9, 2018, so that Friendswood may close on the above -referenced
purchase. The closing of the sale of the land is scheduled to occur in February, 2018, which is
prior to the effective date of the Resolution.
Please accept this letter as the request by the undersigned that in the event Friendswood
does not close on the purchase of the 500.534 acres within the District by February 28, 2018, the
undersigned withdraws and terminates its Petition and consents to the City's withdrawing and
terminating the Resolution prior to its effective date, so that such Resolution will have no effect.
At such time as we close the sale of the property to Friendswood, we will contact you.
Thank you for your cooperation in accommodating the sale of the property to Friendswood and
the creation of the District.
Very truly yours,
Garth-Wallisville, Ltd., a Texas limited
partnership
LO
015516.00000 1 \4823-7826-2874.v I
John A. Herron, General Partner
Exhibit "C"
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