CC Resolution No. 1377 2614
RESOLUTION NO. 1377
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 SPRING MEADOWS MUNICIPAL
UTILITY DISTRICT, ONE PURPOSE OF WHICH WILL BE TO SUPPLY
FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO
FURNISH SANITARY SEWER SERVICES, ROADWAYS, OR DRAINAGE,
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
BAYTOWN, TEXAS, AND CONSISTING OF APPROXIMATELY 421.927
ACRES OF LAND, MORE OR LESS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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, 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 the 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 Spring Meadows Municipal Utility
District, hereinafter referred to as the "District," containing 421.927 acres of land, more or less,
within the extraterritorial jurisdiction of the City and located in Harris County, Texas, bounded
by Interstate 10 to the south, Garth Road to the west, Wallisville Road to the north, and Main
Street to the east, and more particularly described in Section 1 hereof; and
WHEREAS, the City Council of the City is in support of the creation of the District and
herein gives its written consent to the creation of the same subject to the terms and conditions
stated herein; and
WHEREAS, the landowner and developer 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 upon the following terms and conditions, the City hereby grants its
consent to the creation of the District pursuant to the provisions of Section 42.042 of the Texas
Local Government Code and Section 54.016 of the Texas Water Code and subject to the terms
and conditions specified in Section 2 and 3 hereof. The land embraced within the limits of the
District is situated within the extraterritorial jurisdiction of the City and is more particularly
described in Exhibit `B" which is attached hereto and made a part hereof for all intents and
purposes.
Section 2: That the City's consent to the creation of the District is expressly
contingent upon the following:
2615
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 Purpose 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;
• 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 15` 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 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
facilities to serve such District and obtain written approval of such plans and
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2616
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 Natural
Resource Conservation Commission 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 Growth Management and Development
Advisory 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
Growth Management and Development Advisory Commission.
It. 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 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
level of rates may vary.
3
2617
j. Purchase and Provision of 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 and sewer 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.
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 to be approved by the City.
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 vote of the City Council of the
City of Baytown this 14s' day of January, 1999.
4a e. e�
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
se s
ACIO RAMIREZ, SR., &Attorney
c:klh l28\Council/Resolution\SpringMeadowsMunicipal Util ityDistrict.Resolution 121598.Clean
4
SPRING MEADOWS MUNICIPAL UTILITY DISTRICT
PETITION FOR CONSENT TO INCLUDE LAND
IN A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY
COUNCIL OF THE CITY OF BAYTOWN:
The undersigned, hereinafter called "petitioners", being the holders of title to a
majority in value of the lands hereinafter described, as such values are indicated by the tax
rolls of Harris County, Texas, acting pursuant to the provisions of Section 54.016, Texas
Water Code, respectfully petition the City of Baytown, hereinafter called "City", for the
inclusion of land in a municipal utility district, hereinafter called "District", within the terms
and provisions of Article XVI, Section 59, Constitution of the State of Texas. In support
of this petition for consent to include said lands within the District, petitioners show as
follows:
I.
The name of the District will be SPRING MEADOWS MUNICIPAL UTILITY
DISTRICT.
II.
The area of the land to be included in the District contains 421.927 acres, more or
less, and lies wholly within Harris County, Texas. No part of said area is within the limits
of any incorporated city or town. Under the provisions of the Texas Local Government
Code Section 42.021, said area is within the extraterritorial jurisdiction of your City and is
not within such jurisdiction of any other city.
III.
The land, described by metes and bounds, sought to be included within the area of
the District, is as follows:
EXHIBIT A
STATE OF TEXAS)
COUNTY OF HAR.RIS)
SPRING MEADOWS MUNICIPAL UTILITY DISTRICT
FIELD NOTES of a 421. 927 acre tract of land situated in the George
Ellis League, Abstract Number 21, Harris County, Texas , being all of
that same called 374 . 5336 acre tract of land conveyed to Anheuser-
Busch, Inc. by William F. Miller, Sr. , by deed dated February 9, 1979,
and recorded at County Clerk' s File Number F 963334 of the Official
Public Records of Real Property of Harris County, and all of that same
called 47 . 355 acre tract of land conveyed to Legna Land Development
Company, Inc . by Citizen' s Bank & Trust Company of Baytown by deed
dated February 26 , 1998 , and recorded at County Clerk' s File Number S
895400 of the Official Public Records of Real Property of Harris
County. This 421 . 927 acre tract of land is more particularly
described my metes and bounds as follows , tO-wlt :
NOTE : ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER
TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED
BY ARTICLE 21 . 071 OF THE NATURAL RESOURCES CODE OF THE STATE OF TEXAS ,
1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES . REFERENCE IS MADE TC
PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
BEGINNING at a 1 inch iron pipe found for the most Westerly Northwest
corner of this tract of land, and the Southwest corner of a 1 acre
zTact of land conveyed to Clarence Wilder Leavins by Margaret G.
Leavins by deed dated October 28 , 1982 , and recorded at County Clerk' s
File Number H 675430 of the Official Public Records of Real Property
of Harris County, and in the West right of way line of Garth Road, 80
foot wide right of way. This BEGINNING corner has a State Plane
Coordinate Value of Y = 743 , 844 . 93 and X = 3 , 273 , 224 . 12 .
THENCE North 77048 , 150 East with the most Southerly North line of this
tract of land, the South line of said 1 acre tract , and the South line
of a 5 acre tract of land conveyed to E . F . Peterson, et ux, by
Ross
Leavins, et ux, by deed dated July 13 , 1949, and recorded in Volume
1976 at Page 192 of the Deed Records of Harris County a distance of
926 . 00 feet to a % inch iron rod set for an interior corner of this
tract Of land, and the Southeast corner of said 5 acres .
PAGE NO. 2 - 421. 927 ACRES
THENCE North 10052 '46" West with the west line of this tract of land,
the East line of said 5 acres, the East line of a 9 acre tract of land
conveyed to Ivy Ross Leavins, et ux, by G. W. Leavins , by deed dated
August 11, 1945, and recorded in volume 1390 at Page 660 Of the Deed
Records of Harris County, and the East line of a 1 acre tract of land
conveyed to Jake Earl Leavins, Jr . , by Margaret Leavins by deed dated
December 28, 1977, and recorded at County Clerk' s File Number F 816640
of the official Public Records of Real Property of Harris County a
distance of 735 . 18 feet to a point for the Northwest corner of this
tract of land, and the Northeast corner of said Jake Leavins 1 acre
tract in the South right of way line of Wallisville Road, 60 foot wide
right of way.
THENCE North 77050134 " East with the North line of this tract of land
and the South right of way of Wallisville Road a distance of 4174 . 88
feet to a M inch iron rod set for the Northeast corner o= this tract
of land, and the point of intersection of the South right of way of
Wallisville Road and the West right of way line of North Main Street ,
60 foot wide right of way.
THENCE South 11059135" East with the East line Of this crate of land,
and the West right of way of North Main a distance of 2596 . 96 feet to
a % inch iron rod set for the most Northerly Southeast corner of this
tract of land, and the Northeast corner of Lot 37 of Bay Meadows
Subdivision, an unrecorded Subdivision .
THENCE South 77028117" west with the most Northerly South line of this
tract of land, the North line of said unrecorded subdivision, and the
North line of a 63 . 0475 acre tract of
fIland callby ed Tract 5Janduly conveyed
to George Gillman, Trustee, by
Velma 1977, and recorded at County Clerk' s File Number E 592126 of the
Official Public Records of Real Property of Harris County a distance
of 2614 . 03 feet to a % inch iron rod set for an interior corner of
this tract of land.
THENCE South 12019 ' 14 " East with the middle East line of this tract of
land a distance of 1456 . 80 feet to a 2 inch iron pipe found for the
Southeast corner of this tract of land, and the Northeast corner of a
26 . 01 acre tract of land conveyed to Lynn Miller Weiskittel and
William F. Miller, Jr. , by deed dated May 10 , 1993 , and recorded at
County Clerk' s File Number P 250232 of the Official Public Records of
Real Property of Harris County .
PAGE NO. 3 - 421 . 927 ACRES
THENCE South 79007114 " West with a South line of this tract of land
and the North line of said 26 . 01 acres a distance of 734 . 65 feet to a
2 inch iron pipe found for an interior corner of this tract of land,
the Northeast corner of said 47 . 355 acres, the Southwest corner of
said 374 . 5336 acres, the Northwest corner of said 26 . 01 acres, and in
the centerline of a 60 foot wide easement conveyed in an Easement
Instrument and Agreement between N. H. Condor, Trustee and William F .
Miller, Sr. , dated February 9, 1979, and recorded at County Clerk ' s
File Number F 976471 of the Official Public Records of Real Property
of Harris County.
THENCE South 12019 ' 14 " East with the most Southerly East line of this
tract of land, the centerline of said 60 foot wide easement and the
West line of said 26 . 01 acres a distance of 1811 . 70 feet to a Y inc
iron rod set for the Southeast corner of this tract of land, the
Southwest corner of said 26 . 01 acres , and in the North right-of -way
line of Interstate Highway Number 10, 300 foot right-of-way .
THENCE South 74006113 " West with the South line of this tract cf _and,
and the North Right-of-Way line of Interstate No . 10 , a distance of
30 . 00 feet to a % inch iron rod set for the Southwest corner of this
tract of land, the Southwest corner of said 60 foot wide easement , and
the Southeast corner of a 5 . 565 acre tract of land conveyed to R & M
Realty Investment , L . P . , by Citizens Bank and Trust by deed dated
recorded at County Clerk' s File Number S 125721 of the Official Pub''_1c
Records of Real Property of Harris County, Texas .
THENCE North 12019114 " West with the West line of this tract of land,
the East line of said 5 . 565 acres, and the West line of said 60 foot
wide easement a distance of 600 . 88 feet to a % inch iron rod set for
an interior corner of this tract of land, and the Northeast corner of
said 5 . 565 acres .
THENCE South 74'06113 " West with a South line of this tract of land and
the North line of said 5 . 565 acres, at 413 . 02 feet found a % inch iron
rod on line for the Northwest corner of said 5 . 565 acres , and the
Northeast corner of a 6 . 195 acre tract of land conveyed to R & M
Realty Investment, L . P . , by Citizens Bank and Trust by deed dated
February 26 , 1996, and recorded at County Clerk ' s File Number R 816969
of the Official Public Records of Real Property of Harris County,
Texas , in all a total distance of 863 . 02 feet to a % inch iron rod
found for a Southwest corner of this tract of land, and the Northwest
corner of said 6 . 195 acres in the East line of a 0 . 8350 acre tract of
land conveyed to N . H . Conder by V. C . Conder by deed dated July 1 ,
1987, and recorded at County Clerk' s File Number L 325398 of the
Official Public Records of Real Property of Harris County, Texas .
PAGE NO. 4 - 421 . 927 ACRES
THENCE North 14°06 ' 46" West with a West line of this tract of land and
the East line of said 0 . 8350 of an acre tract a distance of 299 . 84
feet to a % inch iron rod found for an interior corner of this tract
of land and the Northeast corner of said 0 . 8350 of an acre tract .
THENCE South 80053 , 20" West with a South line of this tract of land,
the North line of said 0 . 8350 of an acre tract , and the North line of
a 20 . 971 acre tract of land conveyed to Vona C. Conder by N. H. Conder
by deed dated July 1 , 1987 , and recorded at County Clerk' s File Number
L 330578 of the Official Public Records of Real Property of Harris
County a distance of 963 . 51 feet to a 34 inch iron rod found for the
most Westerly Southwest corner of this tract of land, and the
Northwest corner of said 20 . 971 acres in the East right-of-way of
Garth Road.
THENCE North 10°52 ' 46" West with a West line of this tract of land,
and the East right-of-way of Garth Road a distance of 900 . 06 feet tc a
% inch iron rod found for a Northwest corner of this tract of land,
and the Southwest corner of a 0 . 8205 of an acre tract of land conveyer
to Gary N. Herrington by Harry N. Holmes, Trustee, by deed dated
September 25, 1971, and recorded at County Clerk' s File Number D
425528 of the Official Public Records of Real Property of Harris
County
THENCE North 79007114 " East with a North line of this tract of '_and
and the South line of said 0 . 8205 of an acre tract a distance of
110 , 02 feet to a % inch iron rod found for an interior corner of this
tract of land, and the Southeast corner of said 0 . 8205 of an acre
tract .
THENCE North 10052 ' 46" West with a West line of this tract of land and
the East line of said 0 . 8205 of an acre tract, at 59 .39 feet found a 2
inch iron pipe on line for the Northwest corner of said 47 . 355 acres ,
and the Southwest corner of said 374 . 5336 acres , in all a total
distance of 325 . 54 feet to a # inch iron rod set for an interior
corner of this tract of land, and the Northeast corner of said 0 . 8205
of an acre tract .
THENCE South 79007 ' 14" West with a South line of this tract of land,
and the North line of said 0 . 8205 of an acre tract a distance of
110 . 02 feet to a 2 inch iron pipe found for the most Northerly
Southwest corner of this tract of land, and the Northwest corner of
said 0 . 8205 of an acre tract in the East right of way of Garth Road .
PAGE NO. 5 - 421 . 927 ACRES
THENCE North 10052 ' 46" West with the West line of this tract of land,
and the East line of Garth Road a distance of 3012 . 32 feet to the
PLACE OF BEGINNING, containing within said boundaries 421 . 927 acres of
land, more or less .
SURVEYED: May 15, 1998 .
SURVEYOR' S CERTIFICATE
I , James P . Hutchison, Registered Professional Land Surveyor No . 2260 ,
do hereby certify that the foregoing field notes were prepared from an
on the ground survey made on the date shown and that all lines ,
boundaries and landmarks are accurately described therein .
WITNESS my hand and seal at Baytown, Texas , this the 13th . , day of
July, A. D. , 1998 .
REG. PROFESSIONAL LAND SURVEYOR
NO. 2260
1458MUDD. FDN
IV.
District will be organized for the purpose of and the general nature of the work
proposed to be done shall be the purchase, construction, acquisition, repair, extension and
improvement of land, easements, works, improvements, facilities, plants, equipment and
appliances necessary to:
(1) provide a water supply 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; and
(3) gather, conduct, divert and control local storm water or other local harmful
excesses of water in the District and the payment of organization expenses, operational
expenses during construction and interest during construction.
V.
There is a necessity for the improvements above described for the following reasons:
The area of the District is urban in nature, is within the growing environs of the City of
Baytown, and is in close proximity to populous and developed sections of Harris County.
District's area will within the immediate future experience a substantial and sustained
residential and commercial growth. Said area is not supplied with adequate water and
sanitary sewer facilities and services, nor with adequate drainage facilities. The health and
welfare of the future inhabitants of the area and of territories adjacent thereto require the
installation and acquisition of an adequate water supply and sewage disposal system and an
adequate drainage system for and within the area of the District.
A public necessity exists for the organization of such District, to provide for the
purchase, construction, extension, improvement, maintenance and operation of such
waterworks and sanitary sewer system and such drainage facilities, so as to promote and
protect the purity and sanitary condition of the State's waters and the public health and
welfare of the community.
VI.
Petitioners request consent for the inclusion of the aforesaid lands in a municipal
utility district under 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 Purpose 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;
• 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 costs of issuing the bonds; and
• 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 15th 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 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 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 shall 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 duty 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 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 Natural
Resource Conservation Commission 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 Growth Management and
Development Advisory 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 Growth Management and Development Advisory
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 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
level of rates may vary.
j. Purchase and Provision of 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 and sewer 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.
VII.
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 to be approved by the City.
b. Annexation At Any Time. At any time, the City may annex that portion of the
District within its Extraterritorial Jurisdiction.
Vill.
It is now estimated by those filing this petition, from such information as they have
at this time, that the cost of the improvements contemplated will be approximately
$7,250,000.00.00
Wherefore, petitioners respectfully pray that this petition be granted in all respects
and that the City give its written consent to the inclusion of the aforesaid land in said
district.
Dated this 9th day of December, 1998.
LEGNA LAND DEVELOPMENT CO PANY, INC.
By:
Glenn Aft1gel, Presi t
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the g th day of January, 1999 by
GLENN ANGEL, President of LEGNA LAND DEVELOPMENT COMPANY, INC.
�,�ja_ &d ,H-
Notary Public in and r the
State of Texas
nru saDGETT
.' August 2,2002
MY COMMISSION EXPIRES
4
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