Ordinance No. 10,658ORDINANCE NO. 10,658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING, SUBJECT TO THE SATISFACTION OF
CERTAIN CONDITIONS PRECEDENT, THE INTERIM CITY MANAGER TO
PROCEED WITH THE APPLICATION FOR THE SALE, TRANSFER OR MERGER
OF A RETAIL PUBLIC UTILITY AND TO TAKE OTHER APPROPRIATE ACTION
FOR THE TRANSFER OF THE BAY OAKS HARBOR UTILITY SYSTEMS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Mr. John M. Fultz (the "Receiver") was appointed Receiver for the Bay Oaks
Harbor Water and Sewer Systems (the "Systems"), which serve Bay Oaks Harbor Subdivision, Section I;
and
WHEREAS, after (i) an investigative study was performed by the City in 2005, wherein the City
conducted tests of the Systems to determine their conditions and the repairs that the City would require if
the City were to accept the transfer of the Systems and (ii) the City Council authorized a Letter of Intent
and Agreement in Principal with the Receiver and the Bay Oaks Harbor Property Owners Association,
Inc. (the "Agreement"), the City and the Receiver have been working towards transferring the Systems
and its assets to the City; and
WHEREAS, the Receiver has performed in accordance with such Agreement and has obtained
the approval of the transfer of the Systems from the District Court of Travis County, which is overseeing
the receivership of the Systems; and
WHEREAS, recently, the Receiver and the City worked to complete the documentation necessary
for the application for the Sale, Transfer or Merger of a Retail Public Utility (the "Application"), which is
required in order to obtain the approval of the transfer by the Texas Commission on Environmental
Quality ("TCEQ"); and
WHEREAS, the City Council believes that the filing of the Application to transfer the Systems is
appropriate, subject to the following conditions precedent:
(1) the Bay Oaks Harbor Property Owners Association, Inc.'s (the "POA") fulfillment of
its agreement:
a. to grant to the City easements for public utilities on, over, under, and along all
existing private roads within the Bay Oaks Harbor Subdivision, Section I;
b. not to oppose or protest the imposition of a monthly assessment/surcharge of
an amount sufficient over time to discharge the cost to the City of bringing the
Systems into compliance with the minimum standards of the TCEQ for water and
sewer systems;
c. to pay the Receiver of all outstanding accounts payable due to the Receiver
arising in the operation of the Systems as of the date of the Transfer; and
d. to obtain the agreement of its members as to the representations made by the
POA in the Agreement; and
(2) no debt exists regarding the receivership or the Systems on the date of the transfer-NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That subject to the satisfaction of the conditions precedent listed in the recitals of
this Ordinance, the City Council of the City of Baytown, Texas, hereby authorizes and directs the Interim
City Manager to proceed with the Application for the Sale, Transfer or Merger of a Retail Public Utility
and to take other appropriate action for the transfer of the Bay Oaks Harbor Utility Systems.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of/tjie City Council of the City of
Baytown this the 26* day of July, 2007.
LORRTCOOEYl City Clerk
APPROVED AS"T6 FORM:
Attorney
STEPHEN H. DONCARLOS, Mayor
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