CC Resolution No. 1705 15
RESOLUTION NO. 1705
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 HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 459, 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 CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS,
AND CONSISTING OF APPROXIMATELY 138.439 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 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 Harris County Municipal Utility District
No. 459, hereinafter referred to as the "District," containing 138.439 acres of land, more or less,
within the corporate limits of the City and located in Harris County, Texas, and more particularly
described in Section 1 hereof; 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 the City Council hereby finds that the proposed Harris County
Municipal Utility District No. 459 (the"District"):
a. will be an economically feasible and sound development benefiting the city;
b. will not adversely affect the existing City water, sewer and storm facilities or
other City utilities or City functions, and
C. will not increase the City's taxes or utility rates or adversely impact the City's
financing or bond rating.
Further, the City Council finds that all of the conditions imposed herein and by Article VII of
Chapter 98 of the Code of Ordinances, Baytown, Texas, have been agreed to by the developer
and landowner of the territory within the District.
Section 2: That upon the terms and conditions specified in (i) Article VII of Chapter
98 of the Code of Ordinances, Baytown, Texas, which is incorporated herein by this reference
for all intents and purposes, (ii) the Utilities Functions and Services Allocation Agreement and
16
(iii) this resolution, 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. 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 "A," which is
attached hereto and made a part hereof for all intents and purposes.
Section 3: 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 24`s day of March, 2005.
CALVIN MUNDINGER,Mayo
ATTEST:
GWI W. SMITH, City Clerk
APPROVED AS TO FORM:
e-46NACIO RAMIREZ, City Attorney
RAKaren\Files\City Council\Resolutions\2005\March 24\ConsenlOrdinance4lnCityMUD.doc
2
UTILITY FUNCTIONS AND SERVICES
ALLOCATION AGREEMENT
STATE OF TEXAS §
§
COUNTY OF HARRIS §
THIS UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT
("UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT (the
"Allocation Agreement") is entered into as of the date specified in Section 7.13 hereof,
by and between THE CITY OF BAYTOWN, TEXAS (the "City"), a municipal
corporation and home-rule city situated in Harris and Chambers Counties, Texas, and
MOODY SIMMONS BAYTOWN, LTD., a Texas Limited Partnership, and MOODY
SIMMONS BAYTOWN II, LTD., Texas Limited Partnership (cumulatively
"Developer"), on behalf of proposed HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 459 to be created as a body politic and corporate and a governmental
agency of the State of Texas under the provisions of Article XVI, Section 59 of the Texas
Constitution and Chapters 49 and 54 of the Texas Water Code, as amended (the
"District"). It is the intention of the parties to this Allocation Agreement that all rights,
benefits and obligations pursuant to this Allocation Agreement shall ultimately be
assigned to the District upon its creation. Thus, the representations by the District at this
time represent the Developer's commitment to cause or direct the same to occur.
Recitals
WHEREAS, the City is a home-rule city and municipal corporation that provides
various municipal services to its citizens; and
WHEREAS, the Developer has purchased three contiguous tracts of land
comprising approximately 138.439 acres which is within the City's corporate limits
attached hereto as Exhibit "A-1" (the "Tract"); and
WHEREAS, the District is proposed to be created within the City covering the
property described on Exhibit "A-1" for the purpose of, among other things, providing
water distribution, wastewater collection, wastewater treatment and drainage facilities
and services as more fully described below, (the "Facilities") to serve the development
occurring with and near that portion of the City situated within the boundaries of the
District, by financing and purchasing the Facilities; and
WHEREAS, the development will occur in phases and the Developer anticipates
that each phase will be platted separately; and
59327 3.do rdN ff A
WHEREAS, the parties recognize that the District cannot approve and execute
this Allocation Agreement until the District is created by the Texas Commission on
Environmental Quality and confirmed by a majority of the votes cast at the
confirmation election; and
WHEREAS, the City has agreed to provide the services described herein under
the conditions and terms set forth in this Utility Contract; and
WHEREAS, this Allocation Agreement is entered into under the authority of
Local Government Code Section 402.014, as amended, and applicable provisions of
Chapters 49 and 54 of the Texas Water Code, as amended, and applicable provisions of
the City of Baytown Code of Ordinances; and
WHEREAS, the City and the Developer have determined that they are
authorized by the Constitution and laws of the State of Texas to enter into this
Allocation Agreement and have further determined that the terms, provisions and
conditions hereof are mutually fair and advantageous to each; NOW THEREFORE,
AGREEMENT
For and in consideration of the mutual promises, obligations, and benefits
contained herein, and subject to the Consent Resolution of even date herewith, the City,
the Developer, and the District agree as follows:
ARTICLE I.
DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words
as used in this Allocation Agreement shall have the following meanings:
Approving Bodies shall mean the City, Harris County, Texas, the Texas
Commission on Environmental Quality, the Attorney General of Texas, the Comptroller
of Public Accounts of Texas, the United States Department of Justice and all other
federal, state and local governmental authorities having regulatory jurisdiction and
authority over the financing, construction or operation of the Facilities or the subject
matter of this Allocation Agreement.
Bonds shall mean the District's bonds, notes or other evidences of indebtedness
issued from time to time for the purpose of financing the costs of acquiring,
constructing, purchasing, operating, repairing, improving or extending the Facilities as
more fully set forth in Baytown Code of Ordinances, whether payable from ad valorem
taxes, the proceeds of one or more future bond issues or otherwise, and including any
bonds, notes or similar obligations issued to refund such bonds.
59327_3.do - 2-
City means the City of Baytown, Texas.
City Wastewater System means all the wastewater treatment facilities, lines,
components and equipment owned and used by the City to collect, convey, treat,
monitor, regulate, and dispose of Wastewater to the Northeast District Wastewater
Treatment Plant.
City Water System means all the water production pumps, lines, meters,
components, facilities, and equipment owned and used by the City to pump, treat,
monitor, convey, supply, and distribute Water to the public.
Consent Resolution means the resolution of even date herewith adopted by the
City consenting to the creation of the District.
Commission means the Texas Commission on Environmental Quality and any
successor or successors exercising any of its duties and functions related to municipal
utility district.
Detention Tract means the approximately 16 acres located in the District and used
for detention facilities to serve the Tract, as shown in Exhibit"C."
Developer means cumulatively MOODY SIMMONS BAYTOWN, LTD., a Texas
Limited Partnership, and MOODY SIMMONS BAYTOWN II, LTD., a Texas Limited
Partnership, and their successors and assigns.
Development Plan means the conceptual plan for the development within the
District attached as Exhibit"C" and approved simultaneously herewith.
District means Harris County Municipal Utility District No. 459 to be created as a
body politic and corporate and a governmental agency of the State of Texas and to be
organized under the provisions of Article XVI, Section 59 of the Texas Constitution and
Chapters 49 and 54 Texas Water Code, as amended, and which is proposed to include
within its boundaries approximately 138.439 acres of land situated wholly within the
corporate limits of the City, as described in Exhibit A-1.
District Assets means (i) all rights, title and interests of the District in and to the
Facilities, (ii) any Bonds of the District which are authorized but have not been issued
by the District, (iii) all rights and powers of the District under any agreements or
commitments with any persons or entities pertaining to the financing, construction or
operation of all or any portion of the Facilities and/or the operations of the District, and
(iv) all books, records, files, documents, permits, funds and other materials or property
of the District.
59327_3.do -3 -
District's Obligations means (i) all outstanding Bonds of the District, (ii) all other
debts, liabilities and obligations of the District to or for the benefit of any persons or
entities relating to the financing, construction or operation of all or any portion of the
Facilities or the operations of the District, and (iii) all functions performed and services
rendered by the District, for and to the owners of property within the District and the
customers of the Facilities.
Engineers or District Engineers means consulting engineers, or its replacements,
successors or assignees designated by the District as its engineer.
Engineering Reports means and refer to that certain Preliminary Engineering
Report prepared by the Engineers relating to the creation of the District and describing
the initial scope and extent of the Facilities and any additional engineering reports
prepared by the Engineers from time to time relating to the issuance of Bonds by the
District, copies of which shall be on file in the offices of the District.
Equivalent Single-Family Connection or ESFC means that daily measure of Water
and Wastewater that is attributed to one Single-Family Residential Home as determined
by the City.
Facilities means and include the water supply and distribution, sanitary sewer
collection, transportation and treatment, and storm water collection, detention and
drainage systems constructed or acquired or to be constructed or acquired by the
District to serve lands within and adjacent to its boundaries, and all improvements,
appurtenances, additions, extensions, enlargements or betterments thereto, together
with all contract rights, permits, licenses, properties, rights-of-way, easements, sites and
other interests related thereto, all as more fully described in the Engineering Reports.
Point of Connections means the location of the connection of the wastewater
collection line from the Tract to the City's wastewater collection system as designated
on Exhibit "E", or such other location as is mutually agreeable to the City and the
Developer.
Regional Improvements means those Facilities described in Section 2.7 which serve
areas outside and inside the District and which may include, but not be limited to:
sanitary sewer trunk lines, lift stations and force mains, water trunk lines, offsite
drainage right-of-way and ditch improvements, and transportation improvements.
Single-Family Residential Home means a building designated to be used and
occupied by one family, with a detached single-family residence being one residential
home, a duplex being two residential homes, and each unit in an apartment complex
being one residential home.
59327 3.d« -4-
Stormwater Detention System means those facilities used to detain the difference in
stormwater runoff between the developed and the pre-developed run-off rate for the
100-year flood event.
Temporary Wastewater Systems means those temporary systems constructed,
operated and maintained by the District used to receive treat, test, and dispose of
wastewater prior to the date that the District's wastewater treatment capacity is
provided through the City's Northeast District Wastewater Treatment Plant, including,
but not limited to the package treatment plant.
Tract means the 138.439 acres of land to be developed by the Developer as
described in Exhibit "A-I ", and to which the City has agreed to provide the services
described in this Allocation Agreement.
Wastewater means the water-carried wastes, exclusive of ground, surface, and
storm waters, normally discharged from the sanitary conveniences of residential or
commercial structure of a domestic nature (not industrial), meeting the requirements of
the City set forth in the City's Code of Ordinances.
Wastewater Service means the services provided by the City in receiving, treating,
testing, and disposing of Wastewater from the District once the District's wastewater is
sent to the City's Northeast District Wastewater Treatment Plant.
Water means potable water that meets Federal and State standards for
consumption by humans.
Water Supply Service means the services provided by the City in treating,
pumping, transporting, and delivering of Water to the District for consumption by
District customers in accordance with this Allocation Agreement.
1.2 Exhibits. The following Exhibits attached or to be attached to this
Allocation Agreement are a part of the Contract as though fully incorporated herein:
Exhibit A Description of the District
Exhibit B In City Procedures
Exhibit C Development Plan
Exhibit D Right-of-Way and Municipal
Utility Easement
Exhibit E Point of Connection
59327_3.do - rJ -
ARTICLE II.
AGREEMENT CONCERNING WATER SUPPLY
AND WASTEWATER SERVICES TO THE DISTRICT
2.1. City's Obligation to Provide Services. The City agrees to provide Water
Supply Services to the District to serve the Tract in accordance with the terms and
conditions of this Allocation Agreement. In order to obtain Water Supply Services, the
Developer agrees that it will connect to a 12" water line on Sjolander Road and extend
the line across the property frontage on Needlepoint Road to the eastern most boundary
line of the Tract.
Upon notice to the District and after completion and acceptance by the City of
the Northeast District Wastewater Treatment Plant,
a. the District agrees, within 365 calendar days of receipt of such notice,
1. to cease operations of the Temporary Wastewater System;
2. to construct, at its own cost and expense, the necessary
appurtenances to connect the wastewater facilities to the Northeast
District Wastewater Treatment Plant, including, but not limited to,
extending the sewer line from the Tract to the Point of Connection;
b. the District agrees to remove the Temporary Wastewater System within 6
months after the date the District receives wastewater treatment service
from the City's Northeast District Wastewater Treatment Plant; and
C. the City agrees to accept wastewater from and to provide Wastewater
Services to the District to serve the Tract in accordance with the provisions
of this Allocation Agreement.
All services to be provided by the City herein shall be expressly subject to the payment
of the appropriate impact fees and other fees specified in this Allocation Agreement and
the City's Code of Ordinances.
2.2. Assignment to District. The parties hereto assume that this Allocation
Agreement will be assigned by the Developer to the District after creation of the
District. Any provision of this Allocation Agreement, whether referring to the
Developer or the District, shall apply to the Developer until assigned to the District as
provided by this Allocation Agreement; thereafter all provisions, except those contained
in Article III, shall apply to the District.
2.3. Standard of Service. The Water Supply Services and Wastewater Services
provided by the City to the Developer under this Allocation Agreement shall be
equivalent in quality to the water supply and wastewater services, once the Northeast
59327 3.doc - 6 -
District Wastewater Treatment Plant is operational, the City provides to other City
customers. Nothing contained in this Allocation Agreement shall create or imply in the
Developer or the District a preferential right to the Water Supply Services or
Wastewater Services over other City customers.
2.4. Maximum Number of Connections. The City agrees to provide up to 580
ESFCs to serve the District.
2.5. Facilities. The Facilities, as described in the Engineering Reports, will be
designed and constructed in compliance with all applicable requirements and criteria of
the City as well as the applicable Approving Bodies and will be subject to the Consent
Resolution. The design and construction of the Facilities will be subject to the review
and approval of the City. Except as otherwise provided in Section 2.1, the District shall
design, construct or extend the Facilities in such phases or stages as the District, in its
sole discretion, from time to time may determine to be economically feasible. All
designs, design standards, construction plans and drawings for any plants, facilities,
connectors or points of connection including all supporting facilities must be reviewed
by and approved by the City Engineer before any implementation or construction shall
occur as provided herein.
2.6. Letter of Assurance and Issuance of Assignments of Capacity by the
District. The City agrees that, at such time as the District has acquired Water Supply
Service or Wastewater Service from the City up to 580 ESFCs. The City shall, upon
reasonable request, issue a letter of assurance that the District is entitled to the use and
benefit of such capacity. The letter of assurance shall provide for the use and benefit of
quantities of services up to, but not in excess of, the capacities as provided for herein
necessary for the District to provide water and wastewater services up to 580 ESFCs.
The District shall have the right to assign all or part of its capacity on assignment
forms approved by the City for reservation of capacity to landowner(s) and
developer(s) within its boundaries. At such time as a landowner or developer located
within the boundaries of the District requests a building permit from the City, the City
shall honor such assignments of capacity or agreements; provided, however, that the
City shall have no duty to honor any assignment of capacity that in the City's sole
opinion was not validly issued or which will result in capacity which exceeds the
uncommitted capacity reserved by the District. Any such assignment shall be subject to
the restrictions noted herein.
2.7. Design and Construction of the Facilities; Regional Improvements;
Easement. The Facilities shall be constructed by or on behalf of the District at the
District's sole expense and shall be designed using the City's current standard criteria.
It is understood and agreed that certain of the Facilities, as referenced in the Letter
Agreement concerning the annexation of Hunter's Creek Subdivision which was
59327_3.doc - 7-
executed by the City Manager of the City on September 1, 2004, and as herein amended
to extend to the entire Tract shall be oversized to serve areas not within the District
(hereinafter referred to as "Regional Improvements").The District agrees that it will
provide the necessary engineering and construction for the Regional Improvements,
including all necessary appurtenances. The Developer shall require that all engineers
involved in designing the Regional Improvements tender a Certificate of Insurance
evidencing a commercial liability policy, a business automobile policy and a workers'
compensation policy with the limits established hereinbelow along with an errors and
omissions policy complying with the following:
■ Limit: $1,000,000 for this project.
■ For all architects, engineers, and/or design companies
■ Claims-made form is acceptable
■ Coverage will be in force for three (3) years after
construction of the Project is completed.
Before commencing construction of the Regional Improvements, the District
must receive the written approval from the City of (i) the plans and specifications for
the Regional Improvements. Upon written approval of the plans and specifications by
the City, the District shall proceed to construct the Regional Improvements and
complete the same within eighteen months from the effective date of this Agreement.
The City shall have the right to inspect the construction of the Regional Improvements.
Upon completion of the Regional Improvements, the City shall inspect the same and
shall note any deficiencies in the construction of the Regional Improvements. Upon
completion, the District shall convey the Regional Improvements and any right-of-way
for the Regional Improvements to the City, subject to its acceptance, and the City shall
be responsible for the operation and maintenance of the Regional Improvements. The
District shall warrant the Regional Improvements or cause any construction contract
warranty to run to the City for a period of one year after final completion of the
Regional Improvements. Before beginning construction on the Regional Improvements,
the District shall provide the City with executed copies of payment and performance
bonds that comply with all applicable requirements of law, specifically including the
bond requirements of Texas Government Code Chapter 2253 and that name the City as
an additional obligee on such bonds. Evidence of proper authority of all signing
officers or representatives must be submitted. Additionally, prior to the construction of
the Regional Improvements the City shall be provided with a copy of a Certificate of
Insurance reflecting that the contractor has the following minimum coverage amounts:
(1) Workers' Compensation Policy
Statutory amounts required by Texas law.
❑ Employer's Liability: $500,000
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(2) Commercial General Liability
Policy
❑ General aggregate of$1,000,000
❑ Owners' and Contractors' Protective Liability of$500,000
❑ Products and Completed Operations of$1,000,000
❑ Personal and Advertising Injury of$1,000,000
❑ Minimum of$500,000 per occurrence
❑ Coverage shall be at least as broad as ISO CG 00 0110 93.
❑ No coverage exclusions shall be deleted from standard
policy without notification of individual exclusions being
attached for review and acceptance.
(3) Automobile Liability Policy
❑ Combined single limits of$1,000,000
❑ Coverage for "Any Auto."
All insurance certificates required in this section shall contain a provision that
coverages afforded under the policies will not be canceled, suspended, voided, or
reduced until at least thirty (30) days' prior written notice has been given to the City via
certified mail, return receipt requested. Prior to the end of each coverage period during
the term of this Agreement, a new Certificate of Insurance must be filed with the City
evidencing continuation of coverage. The contractor shall also file with the City valid
Certificates of Insurance covering all Subcontractors.
The following are general requirements, which are applicable to all policies required in
this section:
(a) General Liability and Automobile Liability insurance shall be written by a
carrier with an A.M. Best Rating of B+ or higher in accordance with the
current Best Key Rating Guide.
(b) Only Insurance Carriers licensed and admitted to do business in the State
of Texas will be accepted.
(c) Deductibles shall be listed on the Certificate of Insurance and are
acceptable only on a per occurrence basis.
(d) Claims-made policies will not be accepted.
(e) The City, its officials, agents and employees are to be added as
"Additional Insureds" to all liability policies. The coverage shall contain
no special limitation on the scope of protection afforded to the City its
officials, agents and employees.
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(f) A waiver of subrogation in favor of the City with respect to Workers'
Compensation Insurance must be included.
(g) Upon request, certified copies of all insurance policies and/or certificates
of insurance shall be furnished to the City at no cost to the City.
(h) The CONTRACTOR shall comply with Section 110.110 of Title 28 of the
Texas Administrative Code.
The Developer shall dedicate to the City a 10-foot right-of-way for the widening
of Needlepoint Road abutting the south boundary line of such road and a 20-foot
municipal utility easement adjacent to such right-of-way, which shall run the entire
length of the Tract for the construction and maintenance by the City of a sanitary sewer
line. Such right-of-way and easement are more particularly depicted in Exhibit "D."
2.8. Ownership by City. As the Facilities are acquired and constructed, the
District shall convey the same to the City (except for the Detention Tract and
Temporary Wastewater Systems) including all warranties. The conveyance to the City
shall be subject to the acceptance by the City after inspection by the City. The District
shall not convey, and the City shall not accept, the Detention Tract and Temporary
Wastewater Systems.
2.9. Operation by the City. As construction of each phase of the Facilities
(except for the Detention Tract) is completed, representatives of the City shall inspect
the same and, if the City finds that the same has been completed in accordance with the
final plans and specifications, the City will accept the same, whereupon such Facilities
shall be conveyed to the City as provided in Section 2.8 and operated and maintained
by the City at its sole expense as provided herein. In the event that the Facilities have
not been completed in accordance with the final plans and specifications, the City will
advise the District in what manner said Facilities do not comply, and the District shall
immediately correct the same; whereupon the City shall again inspect the Facilities and
accept the same if the defects have been corrected. During the term of this Allocation
Agreement, the City will operate the Facilities and provide Water Supply Service and
Wastewater Service, only to the extent necessary to satisfy the City's obligations as
specified in Section 2.1, to all users within the District without discrimination. The City
shall at all times maintain the Facilities or cause the same to be maintained, in good
condition and working order and will operate the same, or cause the same to be
operated, in an efficient and economical manner at a reasonable cost and in accordance
with sound business principles in operating and maintaining the Facilities, and the City
will comply with all contractual provisions and agreements entered into by it and with
all valid rules, regulations, directions or orders by any governmental, administrative or
judicial body promulgating the same.
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Prior to the first connection to the Water System within the Tract being made, the
District shall enter into a contract with the homeowners association within the District,
or other entity acceptable to the City, but hereinafter referred to as "HOA". Said
contract shall provide that (a) the HOA will operate and maintain the Stormwater
Detention Systems from inception at no cost to the District or the City, (b) the Developer
will convey fee title to any Stormwater Detention System to the HOA and retain a
drainage easement on behalf of the District, it being understood and agreed that the
City will not have the obligation to own, operate or maintain any Stormwater Detention
System, including the Detention Tract, or Temporary Wastewater Systems.
2.10. Rates and Meters. The City shall bill and collect from customers of the
Facilities and shall from time to time fix such rates and charges for such customers of
the Facilities as the City, in its sole discretion, determines are necessary; provided that
the rates and charges for services afforded by the Facilities will be equal and uniform to
those charged other similar classifications of users in non-municipal utility district areas
of the City. All revenues from the Facilities shall belong exclusively to the City. The City
shall be responsible for providing and installing any necessary meters with the
individual customers. Additionally, the City shall refund forty percent (40%) of the
sewer rates referenced in this section actually collected within the Tract during the time
that the Temporary Wastewater System is operational by the District.
2.11. Connection Charges. Notwithstanding any City ordinance to the
contrary and except as otherwise specifically set forth herein, the City may impose a
charge for connection to the Facilities at a rate to be determined from time to time by
the City, provided the charge is equal to the sums charged other City users for
comparable connections, and the connection charges shall belong exclusively to the
City.
2.12. Impact Fees. The District shall pay to the City impact fees for water
supply and wastewater services. The impact fees shall be shall be the amount as
adopted by the City Council for water and wastewater services. The District shall pay
water impact fees to the City in accordance with Section 114-101, and as may be
hereinafter amended and wastewater impact fees to the City in accordance with such
section, as amended, regardless of the date that the that such service is available
through the Northeast District Wastewater Treatment Plant, which plant is identified in
the capital improvements plan of the City. The City has committed to the construction
of such plant within two years and to have service available within a reasonable period
of time, as determined by the City, which period of time shall not exceed five years.
2.13. Default; Remedies. Any party to this Allocation Agreement that believes
that the other party to this Allocation Agreement has defaulted in the performance of
any condition, term, or obligation owed to that party under this Allocation Agreement
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shall within ten (10) business days after discovery of said default, give written notice of
the default to the defaulting party, specifying in detail the provision or provisions of
this Allocation Agreement that have allegedly been breached, what specific action must
be taken to cure or correct the default, and requesting that the City Council of the City
provide the parties an opportunity to be heard in public session to discuss the default at
the next scheduled city council meeting. The City Council, after review of such request,
shall determine whether to provide the parties the opportunity to be heard in public
session to discuss the default at the next scheduled city council meeting. Should the
party receiving the notice fail to commence action to correct the default within the time
determined by City Council and/or thereafter fail to diligently pursue the completion
of the action to correct the default, or should City Council determine not to hear the
matter, the party giving the notice of default may exercise other available remedies at
law and in equity. Notwithstanding the foregoing, the parties hereto shall have all
remedies provided at law and in equity with respect to this Allocation Agreement.
ARTICLE III.
DEVELOPMENT PLAN
3.1. Development Plan. The Developer's Development Plan for the overall
development of the District is attached as Exhibit "C." The City and the Developer
agree that specific approvals are required for each phase or part of the Development
Plan, provided, however, that the City shall not withhold such approvals if the
applicable phase or part is in conformance with the Development Plan. In addition, the
parties agree as follows:
(a) The Developer understands and agrees that a portion of the consideration
for the City to enter into this Allocation Agreement is the Developer's
obligation to develop the property consistent with the Development Plan.
The creation of the District was predicated on the Developer's ability to
develop the Property in conformance with the Development Plan. The
City, the Developer, and the District agree that the Developer shall
develop, and the City shall allow development of, the Tract in accordance
with the Development Plan; provided that the same complies with the
Code of Ordinances. The current Development Plan presented to the
District by the Developer provides for 122.3 net acres of single family
development and the balance of the Tract shall be for recreational
facilities, stormwater detention, open spaces and roadways, as shown on
Exhibit "C." Any material change to the Development Plan, as determined
by the City, shall be approved by the City and shall conform to the then-
current City standard criteria and Code.
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(b) The City, the Developer, and the District recognize the City's rights and
obligations to insure that all Facilities are constructed in accordance with
approved plans and specifications. The City, the Developer, and the
District agree that the City shall be named as an additional beneficiary on
all construction, payment, performance, and maintenance bonds and that
no additional bonds shall be required of the Developer or the District.
(c) The obligations provided in this Article shall be obligations solely of the
Developer and shall not be obligations of the District. Further, the
Developer's obligations in this Article shall survive the creation of the
District and shall exist for the term of this Allocation Agreement.
Notwithstanding any other provision of this Allocation Agreement, the
Developer may not assign any of its obligations under this Article to the
District or any other person or entity without the prior written consent of
the City.
ARTICLE IV.
FINANCING OF FACILITIES
4.1. Authority of District to Issue Bonds. The District shall have authority to
issue, sell and deliver Bonds from time to time, as deemed necessary and appropriate
by the Board of Directors of the District, for the purposes, in such forms and manner
and as permitted or provided as federal law, the general laws of the State of Texas and
the Consent Resolution. No Bonds shall be issued by the District unless all terms and
conditions of the City's Procedures for the Creation of In-City Municipal Utility
Districts attached as Exhibit "B" and of the Consent Resolution have been followed.
4.2. Bonds as Obligation of District. Unless and until the City shall dissolve
the District and assume the District Assets and District Obligations, the Bonds of the
District, as to both principal and interest, shall be and remain obligations solely of the
District and shall never be deemed or construed to be obligations or indebtedness of the
City.
V.
DISTRICT TAXES
5.1. District Taxes. The District is authorized to assess, levy and collect ad
valorem taxes upon all taxable properties within the District to provide for (i) the
payment in full of the District's Obligations, including principal, redemption premium,
if any, or interest on the Bonds and to establish and maintain any interest and sinking
fund, debt service fund or reserve fund and (ii) for administration, operation, and
59327 3.dm - 13 -
maintenance purposes, all in accordance with applicable law. The parties agree that
nothing herein shall be deemed or construed to prohibit, limit, restrict or otherwise
inhibit the District's authority to levy ad valorem taxes as the Board of Directors of the
District from time to time may determine to be necessary. The City and the District
recognize and agree that all ad valorem tax receipts and revenues collected by the
District shall become the property of the District and may be applied by the District to
the payment of all or any designated portion of the principal or redemption premium, if
any, or interest on the Bonds or otherwise in accordance with applicable law.
5.2. Sale or Encumbrance of Facilities. Except as expressly provided in
Sections 2.8 and 2.9 and as provided by applicable law, it is acknowledged that the
District may not dispose of or discontinue any portion of the Facilities.
ARTICLE VI.
DISSOLUTION OF THE DISTRICT
6.1. Dissolution of District Prior to Retirement of Bonded Indebtedness.
The City and the District recognize that, as provided in the laws of the State of Texas
and the Consent Resolution, the City has the right to abolish and dissolve the District
and to acquire the District's Assets and assume the District's Obligations.
Notwithstanding the foregoing, the City agrees that it will not dissolve the District until
the Facilities required to serve the District have been completed. To discharge any
remaining District's Obligations, the City may (i) if requested by the District in writing,
authorize the District to sell its Bonds before or during a transition period prior to the
effective date of dissolution, as established by the City, (ii) pursuant to Local
Government Code Section 43.080, as amended, issue and sell bonds of the City in at
least the amount necessary to discharge the District's Obligations, including those
under any utility development and reimbursement agreements with developers in the
District, or (iii) provide written notice to the District that the City has sufficient funds
available from other sources to discharge the District's Obligations, including those
under the utility development and reimbursement agreements with developers in the
District. Upon dissolution of the District, the City shall acquire the District's Assets and
shall assume the District's Obligations. The City further agrees that it will not dissolve
the District until the developer(s), including the Developer, developing Facilities in the
District shall have been reimbursed by the District to the maximum extent permitted by
the rules of the Commission or the City assumes any obligation for such reimbursement
of the District under such rules.
6.2. Transition upon Dissolution. In the event all required findings and
procedures for the dissolution of the District have been duly, properly and finally made
and satisfied by the City, and unless otherwise mutually agreed by the City and the
District pursuant to then existing law, the District agrees that its officers, agents and
59327 3.doc - 14 -
representatives shall be directed to cooperate with the City in any and all respects
reasonably necessary to facilitate the dissolution of the District and the transfer of the
District's Assets to, and the assumption of the District's Obligations by, the City.
ARTICLE VII.
MISCELLANEOUS
7.1. City Code of Ordinances, Permits, Fees, Inspections. The District
understands and agrees that all City ordinances and codes, including applicable
permits, fees and inspections, shall be of full force and effect within its boundaries and
shall apply in the same manner as to other areas within the City's corporate limits and
this Allocation Agreement shall at all times be subject to full compliance with the City
Code of Ordinances. The District understands and agrees that any improvements to the
Detention Tract will be done in accordance with the Development Plan and conditions
related thereto and any agreement entered into between the City and the District as
provided in Section 3.2 hereof.
7.2. Approvals and Consents. Approvals or consents required or permitted to
be given under this Allocation Agreement shall be evidenced by an ordinance,
resolution or order adopted by the governing body of the appropriate party or by a
certificate executed by a person, firm or entity previously authorized to give such
approval or consent on behalf of the party.
7.3. Force Majeure. If any party is rendered unable, wholly or in part, by
force majeure to carry out any of its obligations under this Allocation Agreement,
except the obligation to pay amounts owed or required to be paid pursuant to the terms
of this Allocation Agreement, then the obligations of such party, to the extent affected
by such force majeure and to the extend that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the continuance
of any inability so caused to the extent provided but for no longer period. As soon as
reasonably possible after the occurrence of the force majeure relied upon, the party
whose contractual obligations are affected thereby shall give notice and full particulars
of such force majeure to the other party. Such cause, as far as possible, shall be
remedied with all reasonable diligence. The term "force majeure", as used herein, shall
include, without limitation of the generality thereof, acts of God, strikes, lockouts, or
other industrial disturbances, acts of the public enemy including acts of terrorism,
orders of any kind of the government of the United States or the State of Texas or any
civil or military authority other than a party to this Allocation Agreement,
insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, drought, arrests, restraint of government and people, civil
disturbances, explosions, breakage or accidents to machinery, pipelines or canals,
partial or entire failure of water supply resulting in an inability to provide water
59327 3.do - 15 -
necessary for operation of the water system and sewer system, to the extent required
herein, or in an inability of the City to provide Water or receive Wastewater in
accordance with Section 2.1, and any other inabilities of any party, whether similar to
those enumerated or otherwise, which are not within the control of the party claiming
such inability,which such party could not have avoided by the exercise of due diligence
and care. It is understood and agreed that the settlement of strikes and lockouts shall be
entirely within the discretion of the party having the difficulty, and that the
requirement that any force majeure shall be remedied with all reasonable dispatch shall
not require the settlement of strikes and lockouts by acceding to the demands of the
opposing party when such settlement is unfavorable to it in the judgment of the party
experiencing the difficulty.
7.4. Law Governing; Venue; Authority for Actions. This location Agreement
shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted
on this Allocation Agreement except in a court of competent jurisdiction located in
Harris County. The parties hereto recognize and understand that disputes may occur
or actions may be required under this Allocation Agreement and that this Allocation
Agreement involves a governmental entity and, as such, there can be no delegation to a
third party individual or third party entity of the duties and obligations of the parties as
herein provided.
7.5. No Additional Waiver Implied. No waiver or waivers of any breach or
default (or any breaches or defaults) by any party hereto of any term, covenant,
condition, or liability hereunder, or the performance by any party of any duty or
obligation hereunder, shall be deemed or construed to be a waiver of subsequent
breaches or defaults or any kind, under any circumstances.
7.6. Addresses and Notice. Unless otherwise provided in this Allocation
Agreement, any notice, communication, request, reply, or advice (herein severally and
collectively, for convenience, called "Notice') herein provided or permitted to be given,
made, or accepted by any party to the other (except bills), must be in writing and may
be given or be served by depositing the same in the United States mail postpaid and
registered or certified and addressed to the party to be notified, with return receipt
requested, or by delivering the same to such party, addressed to the party to be notified.
Notice deposited in the mail in the manner herein above described shall be conclusively
deemed to be effective, unless otherwise stated in this Allocation Agreement, from and
after the expiration of three (3) days after it is so deposited. Notice given in any such
other manner shall be effective when received by the party to be notified. For the
purpose of notice, addresses of the parties shall, until changed as hereinafter provided,
be as follows:
If to the City, to:
City of Baytown
59327 3.doc - 16 -
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
If to the Developer, to:
Moody Simmons Baytown, Ltd.
Moody Simmons Baytown II, Ltd.
Attn: Charles E.Simmons
3003 West Alabama
Houston, TX 77098
If to the District, to:
Harris County Municipal Utility District No. 459
c/o Allen Boone Humphries Robinson LLP
Attn: Stephen M. Robinson
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
The parties shall have the right from time-to-time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
7.7. Assignability. Except as set forth below, this Allocation Agreement may
be not be assigned by either party except upon written consent of the other party hereto.
Developer shall assign this Allocation Agreement to the District within ninety (90) days
after the results of the election within the District at which the qualified voters vote in
favor of confirmation of the creation of the District are declared. If any such election
results in a vote against the confirmation of the District, Developer or the City may
terminate this Allocation Agreement upon thirty (30) days written notice to the other
party. If terminated by the District, the contract shall not be terminated until it has paid
the City all reasonable costs and expenses incurred by the City due to such termination.
7.8. Merger and Modifications. This Allocation Agreement, including the
exhibits that are attached hereto and incorporated herein for all purposes, embodies the
entire agreement between the parties relative to the subject matter hereof. This
Allocation Agreement shall be subject to change or modification only with the written
mutual consent of the parties. All agreements or parts thereof inconsistent with the
terms of this Allocation Agreement are hereby repealed; provided, however, that such
repeal shall be only to the extent of such inconsistency.
7.9. Reservation of Rights. All rights, powers, privileges and authority of the
parties hereto not restricted or affected by the express terms and provisions hereof are
59327 3.doc - 17-
reserved by the parties and, from time to time, may be exercised and enforced by the
parties.
7.10. Captions. The captions of each section of this Allocation Agreement are
inserted solely for convenience and shall never be given effect in construing the duties,
obligations or liabilities of the parties hereto or any provisions hereof, or in ascertaining
the intent of either party, with respect to the provisions hereof.
7.11. Severability. The provisions of this Allocation Agreement are severable,
and if any part of this Allocation Agreement or the application thereof to any person or
circumstances shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Allocation Agreement and the
application of part of this Allocation Agreement to other persons or circumstances shall
not be affected thereby.
7.12. Benefits of Contract. This Allocation Agreement is for the benefit of the
City, the Developer, and the District, and shall not be construed to confer any benefit on
any other person except as expressly provided for herein.
7.13. Term and Effect. Except as otherwise specifically set forth herein,
including in this Section below, this Allocation Agreement shall become effective on the
date of execution by the City and shall remain in effect until the earlier to occur of (i) the
dissolution of the District by the City or (ii) the expiration of thirty-five (35) years from
the effective date hereof. Further, this Allocation Agreement shall automatically
terminate unless extended in writing by mutual agreement between City and Developer
in the event that the Commission does not adopt an order consenting to the creation of
the District on or before December 31, 2006. The City may terminate this Allocation
Agreement (i) after two (2) years from its effective date if the City has not, by that date,
received a properly executed copy of the assignment of the Developer's obligations
relating to Water Supply Service and Wastewater Service to the District in a form
approved by the City, (ii) after three (3) years from its effective date should Developer
fail to complete the installation of the Regional Facilities and/or (iii) after eighteen (18)
months from its effective date should the Developer fail to commence any construction
of Facilities to serve the Tract. Notice shall be given by the City in writing to the
Developer and the District at least thirty (30) days prior to the termination date.
7.14. Meetings and Notices. The District shall comply with all provisions of
the Procedures for Creation of In-City Municipal Utility Districts related to District
meetings and notices.
[EXECUTION PAGE FOLLOWS)
59327 3.doc - 18 -
IN WITNESS WHEREOF, the parties hereto have a cuted t '� Allocation
Agreement in multiple copies, each of equal dignity, on this ay of
200
CITY OF BAYTOWN
By:
Name: GARY JACKSON
Title: CITY MANAGER
Date:
ATTEST: APj'ROVED:
GARY W. SMITE NACIO RAMIREZ, SR.
CITY CLERK CITY ATTORNEY
DEVELOPER
MOODY SIMMONS BAYTOWN,LTD.,
a Texas limited partnership
By: Moody Simmons Baytown GP, LLC
its General—Partner
By:
Dan Moody,Jr., ager
MOODY SIMMONS BAYTOWN II, LTD.,
a Texas limited partnership
By: Moody Simmons Baytown II GP, LLC
its General Partner
By:
- _�:� - —
Dan Moody, Jr., Man er
59327 3.dx - 19 -
�T`his instryment was acknowledged before me on this the day of
200g by Dan Moody, Jr., authorized as general partner to sign this
Agreement on behalf of MOODY SIMMONS BAYTOWN, LTD., a Texas Limited
Partnership, and MOODY SIMMONS BAYTOWN II, LTD., a Texas Limited
Partnership, on behalf of said limited partnerships.
Oi ANGELA MAPoE13LICNo-IRA
NOTARY Pexas
im��j*` State of Texas
-:Z .. .x
i�ov�;:•Comrn. Exp. 12-02-2006
Notar i3 blic
In an F r the State of Texas
(NOTARY SEAL)
59327 3.doc - 20 -
Exhibit "A"
Tract
The Tract is more particularly described in Exhibit"A-I" attached hereto.
Exhibit"A."Page Solo
HUNTER'S CREEK BOUNDARY
138.439 ACRES
138.439 ACRES OF LAND BEING ALL THAT CERTAIN 14.727 ACRE TRACT OF
LAND AS DESCRIBED IN DEED RECORDED IN CLERK'S FILE NO. X990277 OF
THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY,
TEXAS, ALL THAT CERTAIN 71.570 ACRE TRACT OF LAND AS DESCRIBED IN
DEED RECORDED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS, AND ALL THAT
CERTAIN 52.142 ACRE TRACT OF LAND AS DESCRIBED IN DEED RECORDED
IN CLERK'S FILE NO. X961225 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY HARRIS COUNTY, TEXAS AND BEING SITUATED IN THE
WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY,TEXAS AND THE
SJOLANDER SURVEY, A-1644 HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northeast comer of previously
mentioned 14.727 acre tract and the northwest corner of previously mentioned 71.570
acre tract, a point on the south line of Needlepoint Road (60' R.O.W.) and having point
having State Plane Coordinates N:13866344.75, E:3257836.37, South Central Zone;
THENCE N 7703T 10" W, along the north line of previously mentioned 71.570 acre
tract and the south line of Needlepoint Road, a distance of 819.64 feet to a
found 1 inch iron pipe located at the northeast comer of said 71.570 acre tract
and the northwest comer of previously mentioned 52.142 acre tract;
THENCE N 77038'25"E,along the north line of said 52.142 acre tract and the south
line of Needlepoint Road, a distance of 812.21 feet to a found 1 inch iron
pipe located at the northeast comer of said 52.142 acre tract and the
northwest comer of that certain 43.1651 acre tract of land as described in
deed recorded in Clerk's File No. V726885 of the Official Public Records of
Harris County,Texas;
THENCE S 12048'23" E, leaving the south line of Needlepoint Road and along the east
line of previously mentioned 52.142 acre tract and the west line of previously
mentioned 43.1651 acre tract, a distance of 2,272.45 feet to a found 5/8 inch
iron rod with cap being the southeast comer of said 52.142 acre tract. Said
point also being on the southeast line of a 50 foot wide Houston Lighting and
Power Company easement as filed for record in Volume 3474, Page 14 of the
Deed Records of Harris County, Texas and a point on the northwest line of a
100 foot wide Dayton-Goose Creek Railway easement as filed for record in
Volume 390, Page 431 of the Deed Records of Harris County, Texas;
THENCE S 24048'51" W, along the southeasterly line of previously mentioned 52.142
acre tract, along the southeasterly line of previously mentioned Houston
Lighting and Power Company easement and along the northwesterly line of
Exhibit"A-I"
J:\2003\2003066\WP\Hunter's Creek District Boundary.doc Page I of 3
previously mentioned Dayton-Goose Creek Railway easement, a distance of
1,325.49 feet to a found 5/8 inch iron rod with cap. Said point being the
southwest corner of said 52.142 acre tract and the southeast comer of
aforementioned 71.570 acre tract:
THENCE S 24045'07" W, along the southeasterly line of previously mentioned 71.570
acre tract, along the southeasterly line of previously mentioned Houston
Lighting and Power Company easement and along the northwesterly line of
previously mentioned Dayton-Goose Creek Railway easement, a distance of
1291.62 feet to a found '/2 inch iron rod for corner being the southwest comer
of said 71.570 acre tract and a point on the east line of Landmark Estates, a
recorded subdivision as filed for record in Volume 338, Page 106 of the Map
Records of Hams County, Texas;
THENCE N 13035'23" W, along the west line of previously mentioned 71.570 acre
tract and the east line of previously mentioned Landmark Estates, a distance
of 965.12 feet to a found ''/z inch iron rod for comer being the northeast corner
of previously mentioned Landmark Estates and the southeast corner of
McGee Place Phase Two, a recorded subdivision as filed for record in
Volume 345,Page 60 of the Map Records of Harris County, Texas;
THENCE N 1302013"W, along the west line of the said 71.570 acre tract and the east
line of McGee Place Phase Two, a distance of 1,530.44 feet to a found ''/a inch
iron rod for comer;
THENCE N 13°03'00"W, continuing along the west line of the 71.570 acre tract and
the east line of McGee Place Phase Two, a distance of 269.41 feet to a found
1 inch iron pipe for comer, the northeast corner of McGee Place Phase Two
and the southeast comer of that certain 19.000 acre tract of land as described
in deed recorded in SO48441 of the Official Public Records of Harris County,
Texas;
THENCE N 130 05'48"W, along the west line of the said 71.570 acre tract and the east
line of previously mentioned 19.000 acre tract, a distance of 267.81 feet to a
found 1 inch iron pipe being the northeast comer of said 19.000 acre tract and
southeast corner of that certain 13.210 acre tract of land as described in deed
recorded in Clerk's File No. V229558 of the Official Public Records of
Hams County,Texas;
THENCE N 13006'03" W, continuing along the west line of said 71.570 acre tract and
along the east line of previously mentioned 13.210 acre tract, a distance of
265.77 feet to a found 1 inch iron pipe being the northeast comer of said
13.210 acre tract and the southeast corner of that certain 2.542 acre tract of
land as described in deed recorded in Clerk's File No. L275249 of the
Official Public Records of Real Property Harris County Texas;
J:\2003\2003066\WP\Hunter's Creek District Boundary.doc Page 2 of 3
THENCE N 12059'38" W, along the west line of said 71.570 acre tract and the east line
of previously mentioned 2.542 acre tract, a distance of 265.03 feet to a found
inch iron rod being the northeast comer of said 2.542 acre tract and the
southeast corner of that certain 10.800 acre tract of land as described in deed
recorded in Clerk's File No. M568085 of the Official Public Records of Real
Property Harris County, Texas;
THENCE N 13006'14" W, continuing along the west line of said 71.570 acre tract and
the east line of previously mentioned 10.800 acre tract, a distance of 528.80
feet to a found %: inch iron rod being the northeast comer of previously
mentioned 10.800 acre tract and the southeast corner of aforementioned
14.727 acre tract;
THENCE S 77015'53" W, leaving the west line of said 71.570 acre tract and along the
south line of previously mentioned 14.727 acre tract and the north line of
previously mentioned 10.800 feet, a distance of 2,430.70 feet to a found 1
inch iron pipe being the southwest corner of said 14.727 acre tract and the
northwest comer of said 10.800 acre tract. Said point also being located on
the east line of Sjolander Road(70' R.O.W.);
THENCE N 09023'15" W, along the west line of previously mentioned 14.727 acre
tract and the east line of Sjolander Road, a distance of 263.73 feet to a found
5/8 inch iron rod being the northwest comer of said 14.727 acre tract and the
intersection of the east line on Sjolander and the south line of aforementioned
Needlepoint Road;
THENCE N 77011'40"E, along the north line of previously mentioned 14.727 acre
tract and the south line of Needlepoint Road, a distance of 2,414.78 feet to
the POINT OF BEGINNING and containing 138.439 acres of land.
This document was prepared under Title 22 of the Texas Administrative Code, Chapter
663. It does not reflect the results of an on the ground survey, and is not to be used to
convey or establish interests implied or established by the creation or reconfiguration of
the boundary of the political subdivision for which it was prepared.
+�o
F
.. . �
({� JOHN J. RODRIOUEZ
r ,
John J. Rodriquez, R.P.L.S.
Texas Registration No. 2634
J:\2003\2003066\WP\Hunter's Creek District Boundary.doc Page 3 of 3
Published in the Baytown Sun
on Tuesday, February 15, 200
ORDINANCE NO. 10,003 and Thursday, February 17,20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES" OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A NEW
ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE VII "IN-CITY
MUNICIPAL UTILITY DISTRICTS," IN ORDER TO ESTABLISH AND
DELINEATE THE PROCEDURES, CONDITIONS, GUIDELINES AND
RULES ADDRESSING THE REQUIREMENTS FOR THE CREATION OF IN-
CITY MUNICIPAL UTILITY DISTRICTS"; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
:*�****■********s**sss*sr**s*sssss*sss***ssrs*sssrsss**sss**ss*s**s*s:*s***s**
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 98 "Utilities" of the Code of Ordinances, City of Baytown,
Texas, is hereby amended by adding a new article to be numbered and entitled Article VII "In-
City Municipal Utility Districts,"which shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE VII. IN-CITY MUNICIPAL UTILITY
DISTRICTS
Sec. 98-701. Policy.
There is hereby adopted a policy and plan establishing the conditions under which a municipal
utility district may be formed within the corporate limits of the city,which shall read as follows:
The following terms, conditions and standards establish the basis under which the
city council may consent to the formation of a municipal utility district within the
corporate limits of the city in writing.
Sec. 98-702. Resolution to create a municipal utility district.
(a) The city's consent to the creation of a municipal utility district proposed to be formed
within the corporate limits of the city under the Texas Water Code and the Texas
Constitution Section 59, Article XVI, shall be evidenced by the adoption of a resolution.
(b) No resolution shall be adopted consenting to the creation of a municipal utility district
until the city council finds that the proposed municipal utility district (1) will be an
economically feasible and sound development benefiting the city, (2) will not adversely
affect the existing city water, sewer and storm facilities or other city utilities or city
functions, and (3) will not increase the city's taxes or utility rates or adversely impact the
EM B
city's financing or bond rating, and that (4) all of the conditions imposed by this article
have been agreed to by the majority in value of landowners within the proposed
municipal utility district.
See. 98-703. Conditions to creation.
The following conditions shall apply to every municipal utility district within the city:
(1) the municipal utility district may acquire property outside its boundaries with
prior written consent of the city only for purposes of providing storm water
drainage and detention, potable water distribution, wastewater collection, and for
other purposes permitted by law; provided that no land shall be annexed or added
to the municipal utility district unless the city has given its written consent by
resolution of the city council to such addition or annexation;
(2) the municipal utility district shall not provide services for, or acquire property to
provide services for, any property outside its boundaries without the prior written
consent of the city;
(3) the municipal utility district shall not allow use of easements or storm water
drainage facilities owned or controlled by the municipal utility district for any
property or development outside its boundaries without the prior written consent
of the city;
(4) the municipal utility district shall pay the actual costs incurred by the city for
legal, engineering and financial advisory services in connection with the
allocation agreement (hereinafter defined) and the adoption of a resolution
consenting to creation of the municipal utility district;
(5) the facilities to be constructed by the municipal utility district shall be designed
and constructed in compliance with all applicable requirements and criteria of the
applicable regulatory agencies and subject to the applicable provisions of the
city's resolution granting a petition for inclusion of certain territory in the
municipal utility district(the "consent resolution");
(6) Prior to the sale or offer to sell any bonds of the municipal utility district, the
terms and conditions in this ordinance and the consent resolution must be
approved and ratified in an instrument executed by the governing body and
officers of the municipal utility and such instrument must be delivered to the city
attorney;
(7) the city shall not allow any connection to be made to the municipal utility
district's wastewater system until, with respect to such connection:
2
(A) the municipal utility district has issued an assignment of capacity
specifying the number of gallons per day of water supply and wastewater
treatment allocated for such connection, and has provided a copy thereof
to the city manager;
(B) the city has inspected the connection and premises and has issued a
building permit for that connection; and
(C) all buildings or structures served by connections shall be located entirely
within the boundaries of a lot or parcel shown in a plan, plat or replat filed
with and finally approved by the city and duly recorded in the official
records of the county where the property is located (provided this
limitation shall not apply if no plan, plat or replat is required by applicable
state statutes or city ordinances);
(8) unless and until the city shall dissolve the municipal utility district and assume the
properties, assets, obligations and liabilities of the municipal utility district, the
bonds of the municipal utility district, as to both principal and interest, shall be
and remain obligations solely of the municipal utility district and shall never be
deemed or construed to be obligations or indebtedness of the city;
(9) all contracts with third parties for construction of water, wastewater and storm
water facilities to serve the proposed municipal utility district will contain the
following provisions:
(A) a requirement that all plans and specifications for construction of
improvements or modification of improvements which are to be built to
serve the municipal utility district and/or require approval of the Texas
Commission on Environmental Quality be prepared in accordance with the
then adopted city specifications and requirements for such facilities and
delivered to the city for approval prior to submission to the Texas
Commission on Environmental Quality. All plans and specifications
presented to the bidders shall be approved by the city in writing prior to
advertising for bids;
(B) a requirement that prior to the construction of such facilities within the
municipal utility district's territory, written notice by registered or
certified mail be given to the city, stating the date that such construction
will commence.
(C) an agreement that all construction or modification of improvements to
serve the municipal utility district will be subject to periodic inspections
by the city or its duly authorized agent and that no underground
improvements will be backfilled prior to inspection and written approval
by the city;
3
(D) all contracts for construction of improvements will be awarded in
compliance with the terms contained within public bidding statutes in
Chapter 49 of the Texas Water Code;
If the municipal utility district is performing the services, the same terms and
conditions as set forth herein shall be applicable to the municipal utility district.
(10) as the municipal utility district's facilities are acquired and constructed, the
municipal utility district shall convey the same to the city, including all warranties
relating to the facilities; provided, however, that the municipal utility district shall
not convey, and the city shall not accept, stormwater detention systems;
(11) as acquisition and/or construction of each phase of the facilities is completed,
representatives of the city shall inspect the same and, if the city finds that the
same has been completed in accordance with the final plans and specifications,
the city will accept the same, whereupon such portion of the facilities shall be
operated and maintained by the city at its sole expense; provided, however, that
the city shall not accept, or operate and maintain, stormwater detention systems;
and further provided, however, that in the event that the facilities have not been
completed in accordance with the final plans and specifications, the city will
immediately advise the municipal utility district in what manner said facilities do
not comply, and the municipal utility district shall immediately correct the same,
whereupon the city shall again inspect the facilities and accept the same if the
defects have been corrected;
(12) the city shall bill and collect from customers of the facilities and shall from time
to time fix such rates and charges for such customers of the facilities as the city,
in its sole discretion, determines are necessary; provided that the rates and charges
for services afforded by the facilities will be equal and uniform to those charged
other similar classifications of users in non-municipal utility district areas of the
city; and all revenues from the facilities shall belong exclusively to the city
without rebate of such revenues to the municipal utility district;
(13) the city may impose a charge for connection to the facilities at a rate to be
determined from time to time by the city, provided the charge is equal to the sums
charged other city users for comparable connections; and the connection charge
shall belong exclusively to the city;
(14) the municipal utility district is authorized to assess, levy and collect ad valorem
taxes upon all taxable properties within the municipal utility district to provide for
(a) the payment in full of the municipal utility district's obligations, including
principal, redemption premium, if any, and interest on the bonds to be issued by
the municipal utility district and to establish and maintain any interest and sinking
fund, debt service fund or reserve fund, (b) for administration, operation and
maintenance purposes, all in accordance with applicable law and (c) to pay
expenses of assessing and collecting the taxes. The city will levy and collect ad
4
valorem taxes upon all taxable properties in the city, including the municipal
utility district;
(15) unless the municipal utility district is in default under the terms of its allocation
agreement after reasonable opportunity to cure, the city shall not dissolve the
municipal utility district until the water, wastewater and drainage utilities required
to serve the municipal utility district have been completed and bonds issued by
the municipal utility district to finance same; and the city shall afford the
municipal utility district the opportunity to discharge any obligations of the
municipal utility district pursuant to any existing agreements of the municipal
utility district with third parties for construction of facilities, by either (a)
authorizing the municipal utility district to sell its bonds before or during a
transition period prior to the effective date of dissolution, as established by the
city, (b) issuing bonds and selling bonds of the city pursuant to Vernon's Texas
Codes Annotated, Local Government Code Section 43.080, as amended, in at
least the amount necessary to discharge the municipal utility district's obligations,
including those under any such agreements, or (c) providing written notice to the
municipal utility district that the city has sufficient funds available from other
sources to discharge the municipal utility district's obligations, including those
under any such existing agreements with third parties. The city shall have the
right to dissolve the municipal utility district if construction of water, wastewater
or drainage utilities required to serve the municipal utility district does not begin
within thirty-six(36)months of execution of the allocation agreement;
(16) all city ordinances and codes, including applicable permits, fees and inspections,
shall be of full force and effect within the boundaries of the municipal utility
district in the same manner as with respect to other areas within the city's
corporate limits, except as specifically herein provided otherwise;
(17) no bonds, other than refunding bonds, or notes of the municipal utility district
shall be issued or sold unless not less than twenty(20) days following the filing of
an application with the Texas Commission on Environmental Quality for the
approval of projects and bonds, the municipal utility district provides the city with
a copy of such application and not less than thirty (30) days prior to publication of
notice of sale, the municipal utility district provides the city with a copy of the
staff memorandum of Texas Commission on Environmental Quality approving
the projects and bonds, a copy of its proposed bond order, preliminary official
statement, bid form and notice of sale and the following criteria are met.
The municipal utility district shall not issue bonds unless the following conditions
have been satisfied:
(A) The municipal utility district shall not issue any bonds, other than
refunding bonds, unless the purpose for which the proceeds of such bonds
may be used is limited to one or more of the following and no others:
5
(i) Designing,purchasing and/or constructing or otherwise acquiring
(a) Waterworks facilities to provide water supply for
municipal, domestic, and commercial uses, excluding
industrial uses,
(b) Wastewater facilities to collect, transport, process, dispose
of and control all domestic or communal wastes,
excluding industrial waste, whether in fluid, solid or
composite state, or
(c) Storm water drainage and detention facilities to gather,
conduct, divert and control local storm water or other local
harmful excesses of water in the municipal utility district,
(ii) Purchasing, constructing, owning, operating, repairing, improving,
extending or otherwise acquiring interests in real property,
improvements, facilities, appliances, equipment, buildings, plants
or structures necessary or incidental to the operation of waterworks
facilities, wastewater facilities, or storm water drainage facilities.
Proceeds of the bonds for costs of operations of the municipal
utility district shall not exceed ten percent (10%) of the issuance
amount; and
(iii) All costs of issuance of the bonds (including but not limited to
legal fees, financial advisory fees, administrative and
organizational fees and expenses and costs of operations during
construction, bond discount, capitalized interest, developer interest,
creation costs, printing expenses, publication expenses and
contingencies relative to facilities not yet under contract). Proceeds
of the bonds for costs of operations of the municipal utility district
shall not exceed ten percent (10%)of the issuance amount.
(B) The municipal utility district shall not sell or issue any bonds unless:
(i) The terms of such bonds expressly provide that the municipal
utility district reserves and shall have the right to redeem the bonds
not later than the 15th anniversary of the date of issuance, without
premium;
(ii) The bonds, except refunding bonds, are sold after the taking of
public bids therefor;
(iii) None of such bonds and bonds sold to a federal or state agency,
other than refunding bonds, is sold for less than 95% of par;
6
(iv) The net effective interest rate on bonds so sold, taking into account
any discount or premium as well as the interest rate bome by such
bonds, does 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 and
bids for the bonds will be received not more than forty-five days
after notice of sale of the bonds is given;
(v) The maximum term of any debt issuance shall be no greater than
25 years;
(vi) The minimum par amount of any bonds issued, except a final
issue, shall be $1 million;
(vii) Each issue of bonds shall be structured to achieve either level
principal payments or level debt service payments, excluding the
first two years of debt service;
(viii) The municipal utility district shall submit to the city pro forma
cash flows prepared in a manner consistent with the financial
feasibility rules of the Texas Commission on Environmental
Quality evidencing a municipal utility district tax rate (both
maintenance and operations rate and interest and sinking rate
combined)not to exceed $1.50 per$100 assessed valuation; and
(ix) Each bond issue shall not include more than two years of
capitalized interest.
The city staff shall review the documents required to be provided
hereunder and the evidence of compliance with the foregoing criteria
within fifteen (15) days following receipt of same. If the city staff gives a
favorable approval of the bonds, an item will be placed on the next
available regular or special council meeting agenda for consideration by
the city council. The issuance of bonds by the municipal utility district
must be approved by the city council of the city, or its designee. Any costs
incurred by the city in connection with review of the issuance of bonds
shall be paid by the municipal utility district, in an amount not to exceed
$2,500;
(C) the municipal utility district's resolution authorizing the issuance of the
municipal utility district's bonds must contain a provision that the pledge
of the revenues from the operation of the municipal utility district's water
and sewer and/or drainage system to the payment of the municipal utility
district's bonds will terminate when and if the city takes over the assets of
7
the municipal utility district and assumes all of the obligations of the
municipal utility district.
(18) the city acknowledges that a municipal utility district has authority to assess an
unlimited tax for payment of debt service. However, prior to implementation of
any increase in tax rate above its initial rate, the municipal utility district shall
make a formal presentation to city council explaining the need for the increase, at
which time residents of the municipal utility district shall be given an opportunity
to be heard. Notice of such presentation shall be sent to each owner of taxable
property within the municipal utility district as reflected on its most recent
certified tax roll. This provision shall be in addition to any requirements of notice
and hearing which may be contained in the Texas Water Code and in the Texas
Tax Code which apply to the municipal utility district;
(19) in addition to the information the municipal utility district is required to file of record
as required by the Texas Water Code, the municipal utility district shall annually
deliver to each property owner within the municipal utility district, as reflected on its
most recent certified tax roll, written notice of the existence of the municipal utility
district and its right to assess taxes in addition to those assessed by the city. Such
notice shall also contain a reference to the allocation agreement, the consent
resolution and this paragraph. Such notice shall advise the property owner that such
documents are available for inspection during regular business hours in the municipal
utility district's office;
(20) the majority in value of landowners within the proposed municipal utility district
shall enter into a Utility Functions and Services Allocation Agreement ("allocation
agreement ) with the city, which shall contain the terms and conditions set forth in
this Section 1.03, as well as other terms and conditions which may be agreed to by
the city or imposed herein. The allocation agreement shall be assigned by the
proponent to the municipal utility district upon its creation;
(21) the allocation agreement shall be entered into simultaneously with the adoption of the
consent resolution;
(22) the municipal utility district shall establish an official meeting location within the
corporate limits of the city and at all times after the municipal utility district has 100
residential connections shall hold the meetings of its board of directors at such
location;
(23) in addition to any other notice requirements applicable to the municipal utility
district, the municipal utility district must post an agenda of the meetings of its board
of directors at all primary entrances to the municipal utility district and at the location
designated for notices at city hall not less than 72 hours prior to any meeting. An
agenda shall also be provided to the city manager of the city prior to any meeting of
the board of directors.
8
(24) the official office for recordkeeping of the municipal utility district must be accessible
to the District's residents and shall not require a long distance phone call for a District
resident to contact the official office for recordkeeping;
(25) the municipal utility district shall comply with all applicable requirements of the
Texas Commission on Environmental Quality regarding the display of signage at
entrances into the municipal utility district.
The city may specify other conditions with which the municipal utility district must comply
in this code, the resolution consenting to the creation of the municipal utility district, and/or
the allocation agreement.
Sec.98-704. Petition for creation of municipal utility district.
Upon the presentation of a petition for consent for the creation of a municipal utility district
within the corporate limits of the city, the majority in value of landowners within the proposed
municipal utility district shall:
(1) present evidence that the proposed municipal utility district contains 100 or more
acres; present evidence that the petition is filed on behalf of the majority in value of
landowners within the proposed municipal utility district; and show that the
proposed municipal utility district is wholly within the corporate limits of the city;
(2) present a preliminary report describing the municipal utility district and proposed use
of the land within the municipal utility district showing that the proposed municipal
utility district and land use are feasible;
(3) present an estimate of assessed valuation of the municipal utility district showing
the value of property as it exists on date of the petition; a build-out schedule
showing the projected value of the property when 50% of the projected vertical
improvements for the municipal utility district, exclusive of wastewater, water,
sewer and drainage improvements, have been completed; and showing the
projected value of the improvements upon completion of the development within
the municipal utility district; and
(4) agree that the majority in value of landowners within the proposed municipal
utility district shall develop the property for the purposes substantially as
described in the preliminary report, except as may otherwise be agreed by the
proponent and the City, and that prior to commencement of any improvements,
will comply with all provisions of the subdivision ordinances and zoning
ordinances of the city.
9
Sec. 98-705. Other requirements.
(a) The city reserves the right to impose other specific requirements relative to a given
municipal utility district, including, but not limited to park requirements, construction
material for houses and other buildings, amenities, and minimum lot sizes, which shall be
agreed to and set forth in the allocation agreement.
(b) The land within the District will be developed in accordance with the General Plan to be
approved by the City.
See. 98-706. Abolition.
It is the policy of the city that a municipal utility district created within the city should
not be abolished until such time as it has retired all of its outstanding bonded indebtedness, so
that the city's taxpayers outside the municipal utility district shall not have to pay off all or any
part of the bonded indebtedness incurred by the municipal utility district. The city does reserve
the right to abolish any municipal utility district, regardless of whether it has any outstanding
debt, if it is deemed to be in the best interest of the city.
Sec. 98-707. City services.
The city shall provide fire, police and other general city services to the areas within the
municipal utility district similar to those provided in similarly situated non-municipal utility
district areas of the city. Different levels of service may be provided if different characteristics
of topography, land uses and population density constitute a sufficient basis for providing
different levels of service as determined by the city.
Section 2: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not more than
FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the City may pursue other remedies such as abatement of nuisances,
injunctive relief,administrative adjudication and revocation of licenses or permits.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
10
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 10's day of February, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
AeW'.�RMWO�iCity Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S City Attorney
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Exhibit "D"
Right-of-way and Municipal Utility Easement
The legal descriptions of the following are attached as follows:
Exhibit Acres Description
"D-1" 0.188 acres 10' right-of-way out of the 71.570 acre tract
"D-2" 0.544 acres 10' right-of-way out of the 14.727 acre tract
"D-3" 0.186 acres 10' right-of-way out of the 52.142 acre tract
"D-4" 0.376 acres 20' municipal utility easement out of the 71.570 acre tract
"D-5" 1.109 acres 20' municipal utility easement out of the 14.727 acre tract
"D-6" 0.373 acres 20' municipal utility easement out of the 52.142 acre tract
71.570 ACRE TRACT
NEEDLEPOINT ROAD
10' RIGHT-OF-WAY WIDENING
0.188 ACRES
0.188 ACRES OUT OF THAT CERTAIN 71.570 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X633713 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS. AND
BEING SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS
COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND
BOUNDS AS FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northwest corner of said 71.570 acre
tract and being the northeast corner of that certain 14.727 acre tract of land as evidenced
in deed filed in Clerk's File No. X990277 of the Official Public Records of Real Property
Harris County, Texas and being in the south line of Needlepoint Road (60' R.O.W. ) and
having point having State Plane Coordinates N:13866344.75, E:3257836.37, South
Central Zone;
THENCE N 77037'10" E, along the north line of the previously mentioned 71.570 acre
tract and the south line of Needlepoint Road, a distance of 819.64 feet to a
found 1 inch iron pipe for corner being the northeast corner of said 71.570
acre tract and the northwest corner of that certain 52.142 acre tract of land as
evidenced in deed filed in Clerk's File No. X961225 of the Official Public
Records of Real Property Harris County, Texas;
THENCE S 12051'l4" E, along the east line of the aforementioned 71.570 acre tract and
the west line of the previously mentioned 52.142 acre tract, a distance of
10.00 feet a point for corner;
THENCE S 77038'25" W, leaving the east line of the aforementioned 71.570 acre tract
and the west line of the previously mentioned 52.142 acre tract, a distance of
0.08 feet to a point for corner;
THENCE S 77037'10" W, a distance of 819.56 feet to a point for corner being on the
west line of aforementioned 71.570 acre tract of land and on the east line of
the earlier mentioned 14.727 acre tract;
THENCE N 12050'54" W, along the west line of the aforementioned 71.570 acre tract
and the east line of the previously mentioned 14.727 acre tract, a distance of
10.00 feet to the POINT OF BEGINNING and containing 0.188 acres of
land.
Exhibit "D-1"
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14.727 ACRE TRACT
NEEDLEPOINT ROAD
10' RIGHT-OF-WAY WIDENING
0.554 ACRES
0.554 ACRES OUT OF THAT CERTAIN 14.727 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X990277 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northeast corner of previously
mentioned 14.727 acre tract and the northwest corner of that certain 71.570 acre tract of
land as evidenced in deed recorded in Clerk's File No. X633713 of the Official Public
Records of Real Property Harris County, Texas and being in the south line of
Needlepoint Road (60' R.O.W. ) and having point having State Plane Coordinates
N:13866344.75, E:3257836.37, South Central Zone;
THENCE S 12050'54" E, along the east line of the aforementioned 14.727 acre tract
and the west line of previously mentioned 71.570 acre tract, a distance of
10.00 feet to a point for corner.
THENCE S 77037'10" W, leaving the east line of the aforementioned 14.727 acre tract
and the west line of the previously mentioned 71.570 acre tract, a distance of
0.04 feet to a point for corner;
THENCE S 77011'40" W, a distance 2,415.34 feet to a point for comer being located on
the west line of the aforementioned 14.727 acre tract and a point on the east
line of Sjolander Road (70' R.O.W.);
THENCE N 09°23'15" W, along the west line of the aforementioned 14.727 acre tract
and the east line of previously mentioned Sjolander Road, a distance of
10.02 feet to a found 5/8 inch iron rod for corner being the intersection of the
east line of Sjolander Road (70 foot R.O.W.) and the south line of earlier
mentioned Needlepoint Road;
THENCE N 77011'40" E, along the north line of the aforementioned 14.727 acre tract
and the south line of previously mentioned Sjolander Road, a distance of
2,414.78 feet to the POINT OF BEGINNING and containing 0.554 acres of
land.
Exhibit "D-2"
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52.142 ACRE TRACT
NEEDLEPOINT ROAD
10' RIGHT-OF-WAY WIDENING
0.186 ACRES
0.186 ACRES OUT OF THAT CERTAIN 52.142 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X961225 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
BEGINNING at a found 1 inch iron pipe being the northwest comer of said 52.142 acre
tract and being the northeast corner of that certain 71.570 acre tract of land as evidenced
in deed filed in Clerk's Files No. X633713 of the Official Public Records of Real
Property Harris County, Texas and being in the southerly line of Needlepoint Road (60'
R.O.W. );
THENCE N 77038'25" E, along the north line of the previously mentioned 52.142 acre
tract and the south line of Needlepoint Road, a distance of 812.21 feet to a
found 1 inch iron pipe for corner being the northeast comer of said 52.142
acre tract and the northwest corner of that certain 43.1651 acre tract of land as
evidenced in deed filed in Clerk's File No. V726885 of the Official Public
Records of Real Property Hams County, Texas;
THENCE S 12048'23" E, along the east line of the aforementioned 52.142 acre tract and
the west line of the previously mentioned 41.1651 acre tract, a distance of
10.00 feet a point for corner;
THENCE S 77038'25" W, leaving the east line of the aforementioned 52.142 acre tract
and the west line of the previously mentioned 41.1651 acre tract, a distance
of 812.20 to a point for corner being on the west line of the aforementioned
52.142 acre tract of land and on the east line of the earlier mentioned 71.570
acre tract;
THENCE N 12051'14" W, along the west line of the aforementioned 52.142 acre tract
and the east line of the previously mentioned 71.570 acre trace, a distance of
10.00 feet to the POINT OF BEGINNING and containing 0.186 acres of
land.
Exhibit "D-3"
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71.570 ACRE TRACT
20' MUNICIPAL UTILITY EASEMENT
0.376 ACRES
0.376 ACRES OUT OF THAT CERTAIN 71.570 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO, X633713 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS. AND
BEING SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS
COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND
BOUNDS AS FOLLOWS:
COMMENCING at a found 1 inch iron pipe being the northwest corner of said 71.570
acre tract and being the northeast corner of that certain 14.727 acre tract of land as
evidenced in deed filed in Clerk's File No. X990277 of the Official Public Records of
Real Property Harris County, Texas and being in the south line of Needlepoint Road (60'
R.O.W. ) and having point having State Plane Coordinates N:13866344.75,
E:3257836.37, South Central Zone;
THENCE S 12050'54" E, along the west line of previously mentioned 71.570 acre tract
and the east line of previously mentioned 14.727 acre tract, a distance of
10.00 feet to POINT OF BEGINNING;
THENCE N 77037'10" E, leaving the west line of previously mentioned 71.570 acre
tract and the east line of previously mentioned 14.727 acre tract, a distance of
819.56 feet to a point;
THENCE N 77038'25" E, a distance of 0.08 feet to a point for corner and a point on the
east line of said 71.570 acre tract and a point on the west line of that certain
52.142 acre tract of land as evidenced in deed filed in Clerk's File No.
X961225 of the Official Public Records of Real Property Harris County,
Texas;
THENCE S 12051'14" E, along the east line of the aforementioned 71.570 acre tract and
the west line of the previously mentioned 52.142 acre tract, a distance of
20.00 feet a point for corner;
THENCE S 7798'25" W, leaving the east line of the aforementioned 71.570 acre tract
and the west line of the previously mentioned 52.142 acre tract, a distance of
0.25 feet to a point for corner;
THENCE S 77037'l0" W, a distance of 819.39 feet to a point for corner being on the
west line of aforementioned 71.570 acre tract of land and on the east line of
the earlier mentioned 14.727 acre tract;
THENCE N 12050'54" W, along the west line of the aforementioned 71.570 acre tract
and the east line of the previously mentioned 14.727 acre tract, a distance of
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14.727 ACRE TRACT
20' MUNICIPAL UTILITY EASEMENT
1.109 ACRES
1.109 ACRES OUT OF THAT CERTAIN 14.727 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X990277 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4,HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
COMMENCING at a found 1 inch iron pipe being the northeast comer of previously
mentioned 14.727 acre tract and the northwest corner of that certain 71.570 acre tract of
land as evidenced in deed recorded in Clerk's File No. X633713 of the Official Public
Records of Real Property Harris County, Texas and being in the south line of
Needlepoint Road (60' R.O.W. ) and having point having State Plane Coordinates
N:13866344.75, E:3257836.37, South Central Zone;
THENCE S 12050'54"E, along the east line of the aforementioned 14.727 acre tract and
the west line of previously mentioned 71.570 acre tract, a distance of 10.00
feet to the POINT OF BEGINNING;
THENCE S 12050'54" E, continuing along the east line of the aforementioned 14.727
acre tract and the west line of previously mentioned 71.570 acre tract, a
distance of 20.00 feet to a point for corner.
THENCE S 77037 10" W, leaving the east line of the previously mentioned 14.727 acre
tract and the west line of the previously mentioned 71.570 acre tract, a
distance of 0.13 feet to a point for comer;
THENCE S 77011'40" W, a distance 2,416.46 feet to a point for corner being located on
the west line of the aforementioned 14.727 acre tract and a point on the east
line of Sjolander Road (70' R.O.W.);
THENCE N 09023'15" W, along the west line of the aforementioned 14.727 acre tract
and the east line of previously mentioned Sjolander Road, a distance of
20.04 feet to a point for corner;
THENCE N 77011'40" E, leaving the east line of Sjolander Road, a distance of
2,415.34 feet to a point for corner;
THENCE N 7703710" E, a distance of 0.04 feet to the POINT OF BEGINNING and
containing 1.109 acres of land.
Exhibit "D-5"
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52.142 ACRE TRACT
20' MUNICIPAL UTILITY EASEMENT
0.373 ACRES
0.373 ACRES OUT OF THAT CERTAIN 52.142 ACRE TRACT OF LAND AS
EVIDENCED IN DEED FILED IN CLERK'S FILE NO. X961225 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY HARRIS COUNTY, TEXAS AND BEING
SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS:
COMMENCING at a found 1 inch iron pipe being the northwest corner of said 52.142
acre tract and being the northeast comer of that certain 71.570 acre tract of land as
evidenced in deed filed in Clerk's Files No. X633713 of the Official Public Records of
Real Property Harris County, Texas and being in the southerly line of Needlepoint Road
(60' R.O.W. );
THENCE S 1205 1'14" E, along the west line of previously mentioned 52.142 acre tract
and the east line of previously mentioned 71.570 acre tract, a distance of
10.00 feet to the POINT OF BEGINNING;
THENCE N 77038'25" E, leaving the west line of previously mentioned 52.142 acre
tract and the east line of previously mentioned 71.570 acre tract, a distance of
812.20 feet to a point for corner being on the east line of said 52.142 acre
tract and on the west line of that certain 43.1651 acre tract of land as
evidenced in deed filed in Clerk's File No. V726885 of the Official Public
Records of Real Property Harris County, Texas;
THENCE S 12048'23" E, along the east line of the aforementioned 52.142 acre tract and
the west line of the previously mentioned 41.1651 acre tract, a distance of
20.00 feet a point for corner;
THENCE S 77038'25" W, leaving the east line of the aforementioned 52.142 acre tract
and the west line of the previously mentioned 41.1651 acre tract, a distance
of 812.18 to a point for corner being on the west line of the aforementioned
52.142 acre tract of land and on the east line of the earlier mentioned 71.570
acre tract;
THENCE N 1205 F14" W, along the west line of the aforementioned 52.142 acre tract
and the east line of the previously mentioned 71.570 acre tract, a distance of
20.00 feet to the POINT OF BEGINNING and containing 0.373 acres of
land.
Exhibit "D-6"
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Files\OLK6D\20' MUE - 52 142 Acre Tract.doc Pagel of 1
Exhibit "E"
Point of Connections
The location of the connection of the wastewater collection line from the Tract to
the City's wastewater collection system shall be at a location mutually agreeable to the
City and the Developer.
Exhibit"E."Page Solo