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CC Resolution No. 2547RESOLUTION NO. 2547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 13.86 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, INTO HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ******************************************************************************* WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be included in a municipal utility district unless the governing body of the municipality gives its written consent in accordance with Chapter 42 of the Texas Local Government Code and Chapter 54 of the Texas Water Code; and WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for its written consent to the annexation by Harris County Municipal Utility District No. 213-A, hereinafter referred to as the "District," of 13.86 acres of land located within the extraterritorial jurisdiction of the City and more specifically described in Section 1 hereof; and WHEREAS, the City Council of the City is in support of the proposed annexation of the 13.86 acres described in Section 1 hereof by the District and herein gives its written consent to the inclusion of such property in the territory of the District subject to the terms and conditions stated herein, which terms and conditions are generally the same as those placed on the District's territory in January 2018; and WHEREAS, the District who has requested the City Council's consent has assured the City that the District is willing to accept such consent based upon the terms and conditions as hereinafter stated, and that the District, in consideration of the City granting its consent for the creation of the District has agreed, and by the acceptance of the benefits of this resolution, does hereby agree to comply with the terms and conditions contained herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That subject to the terms and conditions specified in Sections 2 and 3 hereof, the City hereby grants its consent to the inclusion in the District of 13.86 acres of land located within the extraterritorial jurisdiction of the City pursuant to the provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code. The land to be included within the District is more particularly described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land." Section 2: That the City's consent to the inclusion of the Land in the District is expressly contingent upon the following: a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the District, the petitioners will have a duplicate original of this agreement approved, ratified and executed by the governing body and officers of the District and will deliver or cause to be delivered such executed agreement to the City Attorney of the City. b. Bonds to be Issued for Specific 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 richt to redeem said bonds on any interest payment date subsequent to the 10 anniversary of the date of issuance without premium. The bonds shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than 95% of par; provided, however, the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date notice of the sale of such bonds is given. Bids for the bonds shall be received not more than 45 days after notice of sale of the bonds is given. The District's resolution authorizing the issuance of the District's bonds must contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City annexes the territory of the District, takes over the assets of the District and assumes all of the obligations of the District. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or annexation. e. Approval of Plans and Specifications. The District, its directors, officers or developers and landowners shall submit to the City Engineer of the City, before the commencement of any construction within the territory of the District, all plans and specifications for the construction of water, sanitary sewer and drainage 2 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 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 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 the level of rates may vary. 3 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 inclusion of the 13.86 acres in District, the petitioners agree that the following additional conditions and terms will apply to the land within the District after its creation: a. General Plan and Land Use. The land within the District will be developed in accordance with the General Plan, which is attached hereto as Exhibit `B" and incorporated herein for all intents and purposes. b. Annexation at Any Time. At any time, the City may annex that portion of the District within its extraterritorial jurisdiction. Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative �te of the City Council of the City of Baytown this the 25th day of October, 2018. /' ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: NACIO RAMIREZ, SR Attity Attorney k" `•\cobfs0l\legal\Karen\Files'•City Council\Resolutions\2018`•.October25\213-AAnnexationofl3.86Acces.doc 4 Exhibit "A" PETITION FOR CONSENT TO ADDITION OF LAND TO A MUNICIPAL UTILITY DISTRICT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: The undersigned Friendswood Development Company, (the "Property Owner") and Harris County Municipal Utility District No. 213-A (the "District"), respectfully petition the City of Baytown, Texas for its consent to the addition of land to the District. In support of this Petition, the District would show the following: I. The land sought to be added to the District (the "Tract") is described by metes and bounds in Exhibit "A", attached hereto and made a part hereof for all purposes. II. The Tract is located wholly within Harris County, Texas, and within the extraterritorial jurisdiction of the City of Baytown, Texas, as such term is determined pursuant to Chapter 42 V.T.C.A. Local Government Code. M. The Property Owner is the holder of title to the Tract as shown by the Harris County Tax Rolls and conveyances of record. There are no liens on the Tract. IV. The District was organized, created by Order of the Texas Commission on Environmental Quality ("TCEQ"), dated March 16, 2006. The District is organized for the purposes found in Chapter 54, Texas Water Code, as amended, and V.T.C.A. Spec. Dist. Code Chapter 8176 to provide for: (1) the control, storage, preservation, and distribution of its storm water and floodwater, the water of its rivers and streams for irrigation, power and all other useful purposes; (2) the reclamation and irrigation of its arid, semiarid, and other land needing irrigation; (3) the reclamation and drainage of its overflowed land and other land needing drainage; (4) the conservation and development of its forests, water, and hydroelectric power; 015633.000001\4837-4173-7830.v1 (5) the navigation of its inland and coastal water; (6) the control, abatement, and change of any shortage or harmful excess of water; (7) the protection, preservation, and restoration of the purity and sanitary condition of water within the state; (8) the preservation of all natural resources of the state; and (9) the construction, operation and maintenance of roads serving the District. The District is empowered and authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes for which the District is organized. 0 The general nature of the work to be done by and within the Tract at the present time is the construction, maintenance and operation of a waterworks system for domestic and commercial purposes; the construction, maintenance and operation of a sanitary sewer collection system and sewage disposal plant; the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the lands to be included within the District; and the construction, installation, maintenance, purchase and operation of roads, parks and recreational facilities and of such additional facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized. VI. There is a necessity for the improvements above described because the Tract is located within an area that is experiencing substantial and sustained residential and commercial growth, is urban in nature and is not supplied with adequate water, sanitary sewer and drainage facilities and services. The health and welfare of the future inhabitants of the Tract require the acquisition and installation of an adequate waterworks, sanitary sewer and storm drainage system, roads and park and recreational facilities. The purchase, construction, extension, improvement, maintenance and operation of such waterworks system and storm and sanitary sewer collection and disposal systems 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 inclusion of the Tract within the District. 015633.000001\4837-4173-7830.v1 VII. Said proposed improvements are practicable and feasible, in that the terrain of the Tract is of such a nature that a waterworks system and sanitary and storm sewer systems can be constructed at a reasonable cost; and said land will be rapidly developed for commercial, multi- family and/or residential purposes. VIII. A preliminary investigation has been instituted to determine the cost of the project attributable to the Tract, 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 development contemplated will be approximately $810,000. WHEREFORE, the undersigned respectfully prays 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 addition of the Tract to the District. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 015633.000001\4837-0173-7830.v 1 RESPECTFULLY SUBMITTED THIS 2018. "DISTRICT" HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A l�Lrl.4:i ' Py ident, Board ATTEST: W. Angs,-4 Secretary, oard of Directors THE STATE OF TEXAS COUNTY OF HARRIS This inst ment was acknowled ed before a on the 1414 day of 2018, by �drvleS Cou", d and 1111.i+'L S2G'P.�A�l of the Board of Directors oMiarris County Municipal Utility District No. 213-A, a political subdivision. on behalf of said political subdivision. r�r.�.rrfrrrlrrlr.�.r.�.�r.�.rrrr✓,r.� *0FP9 MONICA ROBERTS-JENKIN128848187NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES `111111 JULY 5, 2020 015633.000001\4837-4173-7830.v1 Notak Public in and fol the State of Texas "PROPERTY OWNER' Lennar Homes of Texas, Land and Construction, Ltd., a Texas limited partnership, d/b/a Friendswood Development Company By: Lennar Texas Holding Comp y, a Texas corporation, its general par By: Vice prFatdent THE STATE OF COUNTY OF LbrM This instrument was ac no_wle ped before me on this day of 12018, by M of Lennar Texas Holding�pany, a Texas corporation, general partner of Lennar Homes of Texas, Land and Construction, Ltd., a Texas limited partnership, d/b/a Friendswood Development Company, on behalf of said entities. I` MONICA D VEGA DUFF L I Notary ID # 68469 5 My Commission Cxpnes (SEA ) February 23, 2020 015633.000001\4837-4173-7830.v1 Notary Public "d for the State of E7Q,3�)ZgZt =EXHIBff- I Harris County MUD 213-A 13.860 Acres STATE OF TEXAS § COUNTY OF HARRIS Talcott Patching Survey, A- 620 A METES & BOUNDS description of a certain 13.860 acre tract of land situated in the Talcott Patching Survey, Abstract No. 620, in Harris County, Texas; said 13.860 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a found 5/8 -inch Iron rod found at the northwest corner of a called 106.65 acre tract of land recorded in Clerks File Number 20150041623 of the Harris County Official Public Records of Real Property; THENCE, South 88 Degrees 34 Minutes 56 Seconds West, a distance of 166.24 feet to the POINT OF BEGINNING of the herein described tract; THENCE, South 26 Degrees 57 Minutes 06 Seconds East, a distance of 2084.38 feet to a point for corner; THENCE, North 61 Degrees 19 Minutes 51 Seconds West, a distance of 1342.78 feet to a point for corner; THENCE, North 47 Degrees 33 Minutes 16 Seconds East, a distance of 651.92 feet to a point for corner; THENCE, North 26 Degrees 57 Minutes 08 Seconds West, a distance of 832.92 feet to a point for corner; THENCE, North 76 Degrees 25 Minutes 32 Seconds East, a distance of 133.63 feet to the POINT OF BEGINNING, CONTAINING 13.860 acres of land in Harris County, Texas This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the political subdivision for which it was prepared. Acting By/Through Jeromy Alvin Chandler Registered Professional Land Surveyor No. 5755 JChandler@jonescarter.com Jones ICarter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 (713) 777-5337 Texas Board of Professional Land Surveying Registration No. 10046100 r 7dOMY ALV.CMMIOLEF ........................ -:q �7 o 8755 .. ����� � • �� � SUtt� Page 1 of 1 K:\05687\05687-0009-00 FDC - 519 Acre Baytown Tract\S Surveying Phase\Documents Created\HCMUD 213-A33.860 ACRES. doc aARBFgs� Exhibit "B" �&O^° SF2 " I�Gh6m OINA.�/• CrJIGGI OMI�HIM gS�7L mt�.' LG 1 1 I 1 11 II } 1 1 1 1 1 I 1 1 1� D1"ND®ACL l0'N • HGR CilallY mn - HUM RFS WD Mffrf OR rx " GFk{itm l Le-nmr W mr m rokmumw)o tCiou-, [klKRr.Ai Q O> - OPEN SfArf I REMATON SCALE! I -c 6W -SIfD�Wii DATE 12 29.2017