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CC Resolution No. 1675 74 RESOLUTION NO. 1675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 119.7247 ACRES OF LAND, MORE OR LESS, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN LAKE MUNICIPAL UTILITY DISTRICT; MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ■*******«**********a****s*rr*r****:r**ar*r***r*x****r*r**e*****+*r***aa*r.**..**++*s*** 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 Lake Municipal Utility District, hereinafter referred to as the "District," of 119.7247 acres of land,more or less, 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 119.7247 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; and WHEREAS, the District, which 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 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 hereby grants its consent to the inclusion in the District of 119.7247 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 Purpose Only. Bonds may be issued by the District only for the purposes of the purchase, construction, acquisition, repair, contracting for, 75 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'h 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 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- 2 76 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 Growth Management and Development Advisory Commission of the City of a plat which will be duly recorded in the Map and Plat records of Chambers 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. 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 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. 3 77 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 9s'day of September,2004. �� CALVIN MUNDINGER,Mayor ATTEST: AR .9 TH,City Clerk APPROVED AS TO FORM: AGNACIO RAMIREZ,SR.,Ci Attomey \\Bdc2\litigation\Karen\Files\City Council\Resolutions\LakeMUDAmexatlon.doc 4 LAKE MUNICIPAL UTILITY DISTRICT PETITION TO CITY OF BAYTOWN FOR ADDITION OF LAND Whereas, the undersigned president and secretary of the Board of Directors of LAKE MUNICIPAL UTILITY DISTRICT (the "District"), which is a municipal utility district heretofore duly created, desire to obtain the written consent of the City of Baytown for the addition to the District of an area of land within the City's extraterritorial jurisdiction in accordance with Section 54.016, Texas Water Code. Said land is being developed into a subdivision consisting of approximately 543 residential lots. The estimated cost for providing District services to said land area is$4,200,000. Said land is described in Exhibit "A" attached hereto and incorporated herein for all purposes; and Whereas, Obra Homes, Inc. owner of said land, has acknowledged and consented to this Petition as evidenced by executing the attached approval and acceptance; and Whereas, said Section 54.016,provides, in part,that no municipal utility district created under Chapter 54, Texas Water Code, may add land within the area of the extraterritorial jurisdiction of any city without the written consent of the city; and the governing body of such city is given sixty (60)days to refuse or grant permission for the addition of land to the District and said governing body is permitted an additional six months' time within which to mutually agree with the landowners and officers of the District concerning the addition thereto within the city's extraterritorial jurisdiction;and Whereas,the undersigned directors deem it beneficial to said District for the City of Baytown's personnel to review, study and approve the District's plans and specifications for the installation and construction of water, sewer and drainage facilities. Now, therefore, being in all things fully advised, for and in consideration of the premises and the timely written consent of the City of Baytown for the addition of an area of land to this District as aforesaid, and in consideration of the benefits derived by said District from the City of Baytown's engineering assistance in the review, study and approval of the District's utility installation plans and specifications, as will be evidenced by the passage of a resolution and the acceptance of this agreement and undertaking by the City Council. EMIT A Wherefore,petitioners respectfully pray that this petition be granted in all respects and that the City of Baytown give its written consent to the addition of the aforesaid land to said District T h e president or vice president is authorized to execute and the secretary or assistant secretary to attest this order on behalf of the board and the District. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 2 Dated this U 202 . LAKE MUNICIPAL UTILITY DISTRICT By: 7 President/Vice President ATTEST: BY:_ 4q—22, ,��" 1�-ter Se etary/Assistant Secre THE STATE OF TEXAS § COUNTY OF HARRIS § Before me,the undersigned notary public, on this day personally appeared Hilda C. Martinez, President of the Board of Directors of Lake Municipal Utility District, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act and deed of said Lake Municipal Utility District, that she was duly authorized to perform the same by appropriate resolution of the board of directors of said District, and that she executed the same as the act of such District for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this 15'Way of , 20pi- 14otary Pub is in and for the �at�; G. tazcon State of T E X A S '� 7�" j` State of 7"exas „? My Commission Expires 'ham' February 20,2007 3 Y Approved and accepted: OB OMES, INC. By:Name: e✓ne' 1rr G-I✓& Title: ��Gf2T�r THE STATE OF TEXAS § COUNTY OF �VG�Cf� v § BEFORE ME, the undersigned authority, on this day personally appeared ` L mow, of Obra Homes, Inc., a Texas corporation, known to me to be the person whose name is subscribe& to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND and seal of office this a day of }��� 2004. tAunuip�� 2 = Notary Public i4 add for *' 9 ��, * The State of Texas OF Z �Iy 26 2Q` ``� Printed/Typed Name of Notary "nuiu�� My Commission expires: I0 4 Approved and accepted: LEINHOLDER: FIRST N�TlQ�N/ ANK By Name: v MC Title: THE STATE OF § COUNTY OFg�, ttnfl,!' c § $ Q S}�e"yd authority, on this day personally appeared C r of First National Bank,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that(s)he executed the same for the purposes and considerations therein expressed. GIVEN UNDERMY HAND and seal of office this 17:2�" day of 20g�k. NotaiTPUZ11c i r K l v •- - The State of e"'i URI- MyState acPrinted/Typed Name of otary Commission expires: 5 THE STATE OF TEXAS) COUNTY OF HARRIS) TRACT III) FIELD NOTES of a 119.7247 acre tract of land situated in the Talent Patching Survey, Abstract No. 620, Hams County, Texas, being out of and a part of the following tracts 1) Lots 3-14, Block 4, Highland Farms Subdivision,recorded in Volume 7 at page 60 of the Map Records of Harris County, Texas. 2) Residue of 130.7715 acre tract of land conveyed by Herbert L. Rawlins, et al,to P. R. Fayle by deed dated August 19, 1955 and recorded in Volume 3014 at Page 59 of the Deed Records of Harris County, Texas. 3) A 28.90 acre tract of land conveyed by Arvia M. Fayle, et al, to Charles LaMarr Trucking, Inc., by deed dated May 18, 2001 and recorded in County Clerk's File No. V 115642 of the Official Public Records of Real Property of Harris County, Texas. This 119.7247 acre tract of land is more particularly described by the following metes and bounds to-wit: NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN THE WEST LINE OF THE ABOVE MENTIONED 130.7715 ACRE TRACT AND 28.90 ACRE TRACT. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS. BEGINNING at a''/z inch iron rod, with cap, set for the Northeast corner of that certain 30 foot wide easement conveyed by Percy R. Fayle, et ux, to Texas Eastern Transmission Corporation by deed dated May 21, 1956 and recorded in Volume 3180, Page 732 of the Deed Records of Harris County, Texas, the Northwest comer of a 150 feet wide right of way(called 7.960 acres) conveyed by P. R. Fayle, et ux, to Houston Lighting &Power Company, by deed dated October 14, 1955 and recorded in Volume 3058 at Page 376 of the Deed Records of Harris County, Texas, in the South right of way line of Wallisville Road, 60 foot wide right of way, and being the Northeast corner and POINT OF BEGINNING of this tract. THENCE: South 09°57'50"East along the East line of this tract, the East line of said 30 foot wide easement, the West line of said Houston Lighting &Power Company tract for a distance of 2653.51 feet to a '/2 inch iron rod, with cap, set for the Southeast corner of said 30 foot wide easement, the Northeast comer of a 75 foot easement conveyed to Texas Eastern Transmission Company and recorded in Volume 3109 at Page 320 of the Deed Records of Harris County, Texas, in the West line of said Houston Lighting &Power Company tract, and the Southeast corner of this tract. PAGE NO. 2— 119.7247 ACRES THENCE: South 89'11'03" West along the Easternmost South line of this tract,the South line of said 30 foot wide easement and the North line of said 75 foot wide easement, and at 61.61feet pass a 3/< inch iron rod found for the Northwest corner of said 75 foot wide easement, and the Northeast comer of Meadow lake Subdivision, Section Three recorded in Volume 325 at Page 102 of the Map Records of Hams County, Texas, at 1379.60 feet pass a%2 inch iron rod, with cap, (bha inc), found for the Southeast comer of said 28.90 acres, in all, a total distance of 1698.66 feet to a fence comer post found for the Northernmost Northwest comer of said Meadow Lake Subdivision, Section Two as recorded in Volume 314 at Page 71 of the Map Records of Harris County, Texas, in the East right of way line of Battlebell Road, 60 foot wide right of way. Said point being the Easternmost Southwest comer of this tract. THENCE: North 00°48'57"West along the Southernmost West line of this tract, the Southernmost West line of said 28.90 acres and the East right of way line of Battlebell Road for a distance of 30.00 feet to a %2 inch iron rod, with cap, (bha inc), found for the Northeast comer of Battlebell Road, an interior corner of said 28.90 acres and an interior comer of this tract. THENCE: South 8991'03" West along the Westernmost South line of this tract, the Westernmost South line of said 28.90 acres and the North right of way line of Battlebell Road for a distance of 580.94 feet to a %2 inch iron rod, with cap, (bha inc), found for the Southeast corner of a 4.678 acre tract conveyed by Charles H. Cox, et ux, to Stanley C. Milner, et ux, by deed dated December 15, 1993 and recorded in County Clerk's File No. P609289 of the Official Public Records of Real Property of Harris County, Texas, the Westernmost Southwest corner of said 28.90 acres and the Westernmost Southwest comer of this tract. THENCE: North 00°16'00"East along an exterior West line of this tract,the Northernmost West line of said 28.90 acres and the East line of said 4.678 acre tract at 302.05 feet pass a 5/8 inch iron rod found for the Northeast corner of said 4.678 acre tract and the Southeast comer of a 3.00 acre tract conveyed by Charles H. Cox, et ux, to Stanley C. Milner, et ux, by deed dated December 15, 1993 and recorded in County Clerk's File No. P609286 of the Official Public Records of Real Property of Harris County, Texas, in all, a total distance of 362.09 feet to a %2 inch iron rod, with cap, (3518), found for the Southwest comer of a 3.2298 acre tract conveyed by Charles LaMarr Trucking Co., Inc., to Robert L. Retzer, et ux,by deed dated May 13, 2000 and recorded in County Clerk's File No. V798615 of the Official Public Records of Real Property of Harris County, Texas. Said point being an exterior comer of this tract. THENCE: South 89°44'00"East along an interior line of this tract and the South line of said 3.2298 acre tract for a distance of 415.20 feet to a '/2 inch iron rod, with cap, (3518), found for the Southeast corner of said 3.2298 acre tract, and for an interior comer of this tract. THENCE: North 0096'00"East along an interior line of this tract and the East line of said 3.2298 acre tract for a distance of 58.95 feet to %2 inch iron rod, with cap, (3518), found for an exterior comer of said 3.2298 acre tract, and for an interior corner of this tract. Said point being the BEGINNING POINT of a curve to the right, concave Easterly. 4 PAGE NO. 3 — 119.7247 THENCE: Along and around said curve to the right; in a Northerly direction, along an interior line of this tract and an exterior line of said 3.2298 acre tract, said curve having a central angle of 115146'59", a radius of 66.00 feet, and a chord bearing and distance of North 000 16'00" East 111.81 feet, for an arc length of 133.37 feet to a''/z inch iron rod, with cap, (3518), found for an interior comer of this tract, an exterior comer of said 3.2298 acre tract. Said point being the TERMINATION POINT of said curve. THENCE:North 00°16'00"East along an interior line of this tract and an exterior line of said 3.2298 acre tract for a distance of 173.88 feet to a %2 inch iron rod,with cap, (3518), found for the Northeast corner of said 3.2298 acre tract and an interior corner of this tract. THENCE: North 89°44'00"West along an interior line of this tract and the North line of said 3.2298 acre tract for a distance of 415.20 feet to a '/2 inch iron rod, with cap, (3518), found in the East line of 1.545 acre tract conveyed by Jimmy David Puckett, et ux, to Ronald F. Culbreath, et ux,by deed dated September 26, 1983 and recorded in County Clerk's File No. J163479 of the Deed Records of Harris County, Texas and the Northernmost West line of said 28.90 acres. Said point being the Northernmost Southwest comer of this tract. THENCE: North 00016'00"East along the Northernmost West line of this tract, the Northernmost West line of said 28.90 acres, the East line of said 1.545 acre tract, the East line of a 4.019 acre tract conveyed by Beverly Badgley, Executrix, to William D. Hodges, et ux, by deed dated March 21, 2000 and recorded in County Clerk's File No. U238347 of the Official Public Records of Real Property Harris County, Texas, and the East line of 3.09 acre tract conveyed by Buck H. Turner to Richard W. Mock and Roxie H. Mock by deed dated October 17, 1960 and recorded in County Clerk's File No. B248309 of the Deed Records of Harris County, Texas for a distance of 592.81 feet to a 2 inch iron pipe, with cap, found for the Northeast corner of said 3.09 acre tract, the Southeast comer of a 2.00 acre tract conveyed by Billy H. Ragan, et al, to Gospel Lighthouse Assembly of God by deed dated August 15, 1979 and recorded in County Clerk's File No. G214753 of the Deed Records of Harris County, Texas, and being an angle point in the West line of this tract. THENCE: North 00'26'18"West along the Northernmost West line of this tract, the Northernmost West of said 28.90 acres and the East line of said 2.00 acres, for a distance of 89.84 feet to a''/Z inch iron rod,with cap, (bha) found for the Northwest corner of said 28.90 acres and an angle point in the Northernmost West line of this tract. EXHIBIT "A" PAGE NO. 4— 119.7247 ACRES THENCE: North 00°31'27" West along the Northernmost West line of this tract,the East line of said 2.00 acre tract, the East line of a 1.00 acre tract conveyed by Billy H. Ragan, et al, to Gospel Lighthouse Assembly of God by deed dated August 25, 1982 and recorded in County Clerk's File No. H703500 of the Deed Records of Harris County, Texas, the East line of a 2.00 acre tract conveyed by Ronald L. Smith, Jr., et ux, to Eustace LeBlanc by deed dated April 26, 2000 and recorded in County Clerk's File No. U358708 of the Official Public Records of Real Property of Hams County, Texas, and the East line of a 14.7123 acre tract conveyed by Billy H Ragan, et al, to Goose Creek Consolidated Independent School District by deed dated December 30, 1980 and recorded in County Clerk's File No. G819634 of the Deed Records of Hams County, Texas for a distance of 1207.12 feet to a %2 inch iron rod,with cap, set for the Northeast corner of said 14.7123 acre tract, in the South right of way line of Wallisville Road, and for the Northwest corner of this tract; from which a 519 inch iron rod (found leaning) bears South 78°28'27"West a distance of 3.46 feet. THENCE: North 89°23'17"East along the North line of this tract and the South right of way line of Wallisville Road for a distance of 1796.05 feet to the POINT OF BEGINNING, containing within said boundaries 119.7247 acres of land. SURVEYED: June 2003 SURVEYORS CERTIFICATE I, Juliene Ramsey, Reg.Professional Land Surveyor No. 4379 do hereby certify that the foregoing field notes were prepared from a survey made on the ground 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 16a', day of June, A.D., 2003. OF ,r Rag�De Ramsey istered Professional Land Surveyor No. 4379 ... ••• 2425B.fdn.doc � LEM• •• r eUA`�'