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CC Resolution No. 2658RESOLUTION NO. 2658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 227 OF THE BAYTOWN CITY COUNCIL ADOPTED ON DECEMBER 12, 1968, REAFFIRMING CONSENT TO THE FORMATION OF A RECLAMATION DISTRICT UNDER THE AUTHORITY OF ARTICLE 16, SECTION 59, OF THE CONSTITUTION OF THE STATE OF TEXAS, KNOWN AS CEDAR BAYOU PARK UTILITY DISTRICT, AND EMBRACING WITHIN ITS BOUNDARIES 188.01 ACRES OF LAND, LESS CERTAIN LAND SUBSEQUENTLY REMOVED FROM THE DISTRICT'S BOUNDARIES, MORE OR LESS, IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS, before any area located within the extraterritorial jurisdiction of any home rule city can be included within the boundaries of any water control and improvement District created under the provisions of Article 16, Section 59, of the Texas Constitution, there must first be obtained the consent of such city having such extraterritorial jurisdiction over the area to be included within such District; and WIIEREAS, by Resolution 227 adopted by the Baytown City Council on December 12, 1968 ("Resolution 227") the Baytown City Council consented to the formation of the Cedar Bayou Park Utility District (the "District"), including the right of the District to have boundaries (shown on Exhibit "A" hereto) in the extraterritorial jurisdiction of the City of Baytown, Texas (the "City"), and further imposed certain conditions on such consent; and WHEREAS, subsequent to the adoption of Resolution 227, on July 27, 1971, a confirmation election was held by the voters of the District approving its creation; and WHEREAS, on June 27, 2005, the District, by Order, reduced its boundaries to exclude that property described as the "Excluded Property" on Exhibit "A" hereof; and WIIEREAS, it is the desire of this City Council to (i) reaffirm its consent to the current boundaries, and (ii) to remove certain conditions of Resolution 227 imposing restrictions on bonds to be issued by the District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City hereby reaffirms its consent to the formation of the District under the provisions of Article 16, Section 59, of the Constitution of the State of Texas, with the boundaries of the District to include the area which is situated, all or in part, within the extraterritorial jurisdiction of the City of Baytown, said area being described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes. Section 2: The consent herein granted and reaffirmed is conditioned upon the following terms and conditions, to -wit: (a) Bonds may be issued by the District only for the purpose of purchasing, constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer or wastewater systems and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions and repairs thereto, and to purchase, construct, or acquire all necessary land, right-of-way easements, sites, equipment, buildings, plats, structures and facilities therefor, and to operate and maintain same, and to sell water or wastewater and other services within or without the boundaries of the District and for the purpose of refunding bonds issued for the foregoing purposes. The District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds at any time subsequent to the tenth (loth) anniversary of the date of their issuance without redemption premium; provided, however, that if the bonds are being purchased by the Texas Water Development Board, the District's bonds shall expressly provide that the District shall reserve the right to redeem said bonds at any time subsequent to the earliest date then allowed by the Texas Water Development Board. Unless the bonds are being purchased by the Texas Water Development Board (or any successor agency) or issued for refunding purposes, bonds of the District shall only be sold after the taking of public bids therefor. None of the District's bonds, other than refunding bonds, shall be sold for less than 97° o 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 2° b above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" (or if such index is not available, a successor index approved by the City) during the one -month period next preceding the date of notice of the sale of such bonds is given. When sold at a competitive sale, bids for the bonds shall be received not more than 45 days after notice of sale of the bonds is given. Bonds of the District shall have a maturity not to exceed thirty (30) years from date of issuance and reasonable but substantial payments of principal shall begin not later than three (3) years from the date of issuance. Notwithstanding the foregoing, bonds sold to the Texas Water Development Board may have a maturity not to exceed thirty (30) years and six (6) months from their date of issuance. To the extent any bonds of the District are secured by a pledge of the net revenues from the operation of the District's system, 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 all the territory of the District, takes over the assets of the District, and assumes all of the obligations of the District. 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. (b) 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. (c) The District must employ an operator holding a valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality (or a successor agency) 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. (d) The District shall submit the plans and specifications for the construction of water, sanitary sewer, wastewater and drainage facilities to serve such District to the City for approval and such District must obtain the approval thereof by such City before commencing construction thereof. The construction of the District's water, sanitary sewer, wastewater and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City, and during the progress of the construction and installation of such facilities, the Director of Public Works of the City, or an employee thereof, shall make periodic on -the -ground inspections, and no such construction shall be started or undertaken by the District unless it has in its possession the following: (1) A certificate of the District's engineer, who shall be a registered professional engineer under the laws of the State of Texas, that, in his opinion, such construction conforms to said City's established standards and specifications; and (2) A letter of certificate of the Director of the Department of Public Works'Engineering of said City (or the successor, department, or agency of said department of Public Works) that, in his or her opinion, such construction conforms to said City's established standards and specifications; moreover, the owner or the developer of the land referred to herein will, 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 and properly record it, and otherwise comply with the rules and regulations of the Planning and Zoning Commission of the said City. Section 3: Resolution 227 is hereby deemed restated and amended in its entirety by this Resolution and that the District shall only have to comply with this Resolution and not the previous text of Resolution 227 from and after the date hereof. 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 vote of the City Council of the City of Baytown this the 10' day of June, 2020. _-_ . s r�fl ATTES LET IA BRYSCH, City Clerk APPROVED AS TO FORM: KAREN L. HORNER, Interim City Attorney R:1KarenTiles%City Council Resolutions\2020Uune 1 I\Amending Resolution 227 - Cedar Bayou Park Utility District Clean.docx EXIIFBIT A ORIGINAL BOUNDARIES Lying wholly within Harris County, Texas, and being 188.01 acres, more or less, comprising parts of the J. P. Sjolander Survey, A-1644, the Benjamin Barrow Survey, A-123, and the Wm. Bloodgood Survey, A-4, and more particularly described as follows: Beginning at the southwest corner of Cedar Bayou Park, West, a subdivision in Harris County, Texas, a plat of which is recorded in Volume 118, Page 14 of the Harris County Map Records, said corner also being in the easterly right-of-way line of Sjolander Road. Thence, N 25' 11' 24" E 862.98 feet along the easterly right-of-way line of Sjolander Road, and along the most westerly line of said Cedar Bayou Park, West, to a point of curvature, Thence, continuing along the easterly right-of-way line of Sjolander Road and the most westerly line of said Cedar Bayou Park, West, with a curve to the left having a radius of 508.34 feet and a central angle of 22° 21' 49", a distance of 198.42 feet to a point for corner, Thence, N 80' 01' 35" E 632.17 feet along the most southerly north line of Cedar Bayou Park, West, to a point for corner, Thence, N 07' 45' 16" W along the most easterly west line of said Cedar Bayou Park, West, at 13.1 feet cross the north line of said Benjamin Barrow Survey and the south line of said J. P. Sjolander Survey, and continuing a total distance of 934.60 feet to a point for corner, Thence, N 82' 13' 14" E along the most northerly line of said Cedar Bayou Park, West, at 1469. 52 feet pass the northeast corner of said Cedar Bayou Park, West, and continuing a total distance of 1715.37 feet to the northwest corner of Cedar Bayou Park, East, a subdivision in Harris County, Texas, a plat of which is recorded in Volume 146, Page 28 of the Harris County Map Records; said corner being in the easterly right-of-way line of the Dayton -Goose Creek Railroad, 100 feet wide. Thence, N 27' 47' 00" E 422.57 feet along the easterly right-of-way line of the Dayton -Goose Creek Railroad, 100 feet wide, to a point for corner. Thence, N 07" 33' W 312.20 feet to an angle point for corner. Thence, N 10' 24' 10" W 918.93 feet to a point for corner in the north line of said J. P. Sjolander Survey and the south line of said Wm. Bloodgood Survey. Thence, N 10' 13' 43" W 1995.99 feet to a point for corner. Thence, N 9° 57' 25" W 266.05 feet to a point for corner. Thence, N 10' 00' 21 " W 264.98 feet to a point for corner. Thence, N 10' 12' 05" W 528.79 feet to a point for corner. Thence, N 10' 00' 53" W 266.34 feet to a point for corner in the south right-of-way line of Wallisville Road. Thence, N 82' 35' 5 1 " E 815.24 feet along the south right-of-way line of Wallisville Road, to a point for corner. Thence, S 10' 29' 49" E 1043.91 feet to a point for corner. Thence, S 9° 52' 49" E 1433.65 feet to a point for corner. Thence, S 10' 00' 37" E 820.39 feet to a point for corner. Thence, S 9° 41' 46" E 1598.40 feet to a point for corner in the north line of Cedar Bayou Park, East. Thence, N 82' 21' E 5.00 feet to a point for corner at the northeast corner of Cedar Bayou Park, East, being in the west right-of-way line of Bayou Boulevard, 60 feet wide. Thence, S 26' 45' 00" W 340.12 feet along the easterly line of Cedar Bayou Park, East, and the westerly right-of-way line of Bayou Boulevard, 60 feet wide, to a point of curvature. Thence, continuing along the easterly line of Cedar Bayou Park, East, and the westerly right-of-way line of Bayou Boulevard, 60 feet wide, along a curve to the right with a radius of 477.87 feet and a central angle of 20' 52' 05", a distance of 174.05 feet to a point of reverse curvature. Thence, continuing along the easterly line of Cedar Bayou Park, East, and the westerly right-of-way line of Bayou Boulevard, 60 feet wide, along a curve to the left with a radius of 746.78 feet and a central angle of 78" 11' 51 ", a distance of 1019.21 feet to a point for corner. Thence, S 80' 30' 00" W 271.86 feet along a south line of Block 1, Cedar Bayou Park, East, to a point for corner, Thence, S 9° 30' 00" E 451.43 feet along the east line of Block 1, Cedar Bayou Park, East, to a point for corner. Thence, S 80' 30' 00" W 666.37 feet along the most southerly south line of Block 1, Cedar Bayou Park, East, to a point for corner. Thence, N 09' 30' 00" W 837.35 feet along the west line of Block 1, Cedar Bayou Park, East, to a point for corner in the south right-of-way line of Archer Road, 80 feet wide. Thence, S 80° 30' 00" W 232.52 feet along the south right- of -way line of Archer Road, 80 feet wide, to a point for corner in the easterly right-of-way line of Dayton -Goose Creek Railroad, 100 feet wide. Thence, S 79' 17' 32" W 248.86 feet to a point for corner in the easterly line of Cedar Bayou Park, West. Thence, S 27' 47' 00" W 1055.48 feet along the easterly line of Cedar Bayou Park, West, to a point for corner at the southeast corner of Cedar Bayou Park, West. Thence, S 80' 24' 16" W 1341.50 feet along the south line of Cedar Bayou Park, West, to the place of beginning. Containing 188.01 acres, more or less. 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