CC Resolution No. 1726 44
RESOLUTION NO. 1726
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 120.0428 ACRES
OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF BAYTOWN, TEXAS, IN LAKE MUNICIPAL UTILITY DISTRICT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be
included in a municipal utility district unless the governing body of the municipality gives its
written consent in accordance with Chapter 42 of the Texas Local Government Code and
Chapter 54 of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, for its written consent to the annexation by Lake Municipal Utility District,
hereinafter referred to as the "District," of 120.0428 acres of land located within the
extraterritorial jurisdiction of the City and more specifically described in Section 1 hereof, and
WHEREAS, the City Council of the City is in support of the proposed annexation of the
120.0428 acres described in Section 1 hereof by the District and herein gives its written consent
to the inclusion of such property in the territory of the District subject to the terms and conditions
stated herein; and
WHEREAS, the District who has requested the City Council's consent has assured the City
that the District is willing to accept such consent based upon the terms and conditions as hereinafter
stated, and that the District, in consideration of the City granting its consent for the creation of the
District have agreed, and by the acceptance of the benefits of this resolution, do hereby agree to
comply with the terms and conditions contained herein; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That subject to the terms and conditions specified in Sections 2 and 3
hereof, the City hereby grants its consent to the inclusion in the District of 120.0428 acres of
land located within the extraterritorial jurisdiction of the City pursuant to the provisions of
Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water
Code. The land to be included within the District is more particularly described in Exhibit "A"
which is attached hereto and made a part hereof for all intents and purposes, hereinafter the
"Land."
Section 2: That the City's consent to the inclusion of the Land in the District is
expressly contingent upon the following:
a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any
bonds of the District, the petitioners will have a duplicate original of this
agreement approved, ratified and executed by the governing body and officers of
the District and will deliver or cause to be delivered such executed agreement to
the City Attorney of the City.
45
b. Bonds to be Issued for Specific Purpose Only. Bonds may be issued by the
District only for the purposes of the purchase, construction, acquisition, repair,
contracting for, extension and improvement of or otherwise acquiring land,
easements, works, improvements, facilities, plants, equipment and appliances
necessary to:
• provide a water supply for municipal uses, domestic uses and commercial
purposes;
• collect, transport, process, dispose of and control all domestic or
communal wastes whether in fluid, solid or composite state;
• gather, conduct, divert and control local storm water or other local
harmful excesses of water in the District and the payment of organization
expenses, operation expenses during construction, interest during
construction, and the cost of issuing bonds; or
• refund bonds issued for the foregoing purposes.
C. Terms of Bonds. The District's bonds shall expressly provide that the District
shall reserve the right to redeem said bonds on any interest payment date
subsequent to the 15` anniversary of the date of issuance without premium. The
bonds shall be sold only after the taking of public bids therefor. None of the
bonds, other than refunding bonds and bonds sold to a federal or state agency,
shall be sold for less than 95% of par; provided, however, the net effective interest
rate on bonds so sold, taking into account any discount or premium as well as the
interest rate borne by such bonds, shall not exceed two percent above the highest
average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond
Index" during the one-month period next preceding the date notice of the sale of
such bonds is given. Bids for the bonds shall be received not more than 45 days
after notice of sale of the bonds is given. The District's resolution authorizing the
issuance of the District's bonds must contain a provision that the pledge of the
revenues from the operation of the District's water and sewer and/or drainage
system to the payment of the District's bonds will terminate when and if the City
annexes the territory of the District, takes over the assets of the District and
assumes all of the obligations of the District.
d. Approval for Annexation by District. No land will be added or annexed to the
District until the City has given its written consent by resolution of the City
Council to such addition or annexation.
e. Approval of Plans and Specifications. The District, its directors, officers or
developers and landowners shall submit to the City Engineer of the City, before
the commencement of any construction within the territory of the District, all
plans and specifications for the construction of water, sanitary sewer and drainage
facilities to serve such District and obtain written approval of such plans and
specifications from the City Engineer. All water wells, water meters, fire
hydrants, flush valves, valves, pipes and appurtenances installed or used within
the territory of the District shall conform exactly to the specifications of the City.
All water service lines and sewer service lines, lift stations, sewer treatment
facilities, and appurtenances thereto, installed or used within the territory of the
2
46
District shall comply with the City's standard plans and specifications. Prior to
the construction of such facilities within the District's territory, the District or its
engineer, shall give written notice by registered or certified mail to the City
Engineer, stating the date that such construction will commence. The
construction of the District's water, sanitary sewer and drainage facilities shall be
in accordance with the approved plans and specifications and with applicable
standards and specifications of the City. During the progress of the construction
and installation of such facilities, the City Engineer of the City, or his duly
authorized representative, shall be entitled to make periodic on the ground
inspections at any time. As further definition of the terms used in this subsection,
specific mention of the fact is made that "plans and specifications," "standard
plans and specifications," "approved plans and specifications," or "applicable
standards and specifications" are defined to mean and to require City approval
only of the method of construction and types of materials to be employed therein
by the District and are not meant to limit the discretion of the board of directors of
the District to determine what facilities may be constructed, paid for and
maintained by the District.
f Employment of Operator. The District must employ an operator holding a valid
certificate of competency issued under the direction of the Texas Commission on
Environmental Quality as required in Section 26.0301 of the Texas Water Code.
The District shall allow representatives of the City to supervise the continued
operations of the sewage treatment facility by making periodic inspections
thereof.
g. Subdivisions to be Property Platted. The owner or developer of the land
included within the limits of the District shall, prior to the sale of any lot or parcel
of land, obtain the approval of the Growth Management and Development
Advisory Commission of the City of a plat which will be duly recorded in the
Map and Plat records of Harris County, Texas, and otherwise comply with the
rules and regulations of the City. The District will not provide water or sewer
service to any lot unless the plat covering such lot has been approved by the
Growth Management and Development Advisory Commission.
h. Notice Required before Bond Issuance. Before the issuance of any series of
District bonds, the District shall tender to the City Manager written notice of the
contemplated issuance at least thirty days prior thereto, which notice shall include
the amount of the bonds to be authorized, the timing of such issuance, along with
any other information requested by the City Manager.
i. Water and Sewer Rates. The District will use its best efforts to structure its
rates for water and sewer service in the same manner as the City even though
level of rates may vary.
j. Treated Water and Sewer Services. The District intends to and shall enter into
a contract with the Baytown Area Water Authority for the purchase of treated
water services. Pursuant to this Agreement, the District will agree that no water
or sewer service shall be provided to land outside the boundaries of the District
without the prior written approval of the City Council of the City. Additionally,
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47
the District shall not construct sewage treatment plant facilities without the prior
approval of the City Council of the City. Nothing contained herein shall be
construed as to require the City to provide sanitary sewer services to the District.
Section 3: In consideration of the City giving its consent for the creation of the
District, the petitioners agree that the following additional conditions and terms will apply to the
land within the District after its creation:
a. General Plan and Land Use. The land within the District will be developed in
accordance with the General Plan to be approved by the City.
b. Annexation At Any Time. At any time, the City may annex that portion of the
District within its Extraterritorial Jurisdiction.
Section 4: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this the 23`d day of June, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
�I Z,
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., CioAttomey
R:\Karen\Files\City Council\Reso1utions\20050une 23\LakeMUDAnnexation 120+acres.doc
4
STATE OF TEXAS) TRACT 4
COUNTY OF HARRIS
FIELD NOTES of a 120.0428 acre tract of land situated in the Nathaniel Lynch Survey,
Abstract 44, Harris County, Texas, and being all of that certain called 121.047 acre tract
of land conveyed by Evans Buick, OLDS, GMC, Inc. to Allen E. Russell, Trustee, by
Deed dated October 23, 1980 and recorded in County Clerk's File No. G736020 of the
Official Public Records of Real Property of Harris County, Texas. This 120.0428 acre
tract is more particularly described by the following metes and bounds, to-wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE
HIGHWAY NO. 10 AND THE SOUTH LINE OF THE HERETOFORE MENTIONED
CALLED 121.047 ACRE TRACT. REFERENCE IS MADE TO THE PLAT OF EVEN
DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
BEGINNING at a %inch iron rod found in the North right-of-way line of said Interstate
Highway No. 10 (right-of-way width varies,but is 300 feet wide at this point), for the
Southwest corner of that certain 3.5528 acre tract of land conveyed by Ben D. Reading to
MMR Viking Investment Assoc., L.P. by Deed dated August 3, 1999 and recorded in
County Clerk's File No. T902702 of the Official Public Records of Real Property of
Harris County, Texas and by Reading Buick, Inc. to MMR Viking Investment Assoc.,
L.P. by Deed dated August 4, 1999 and recorded in County Clerk's File No. T902703 of
the Official Public Records of Real Property of Harris County, Texas. Said point being
the Beginning Point of a Boundary-Line Agreement as recorded in County Clerk's File
No. S381673 of the Official Public Records of Real Property of Harris County, Texas and
the Southeast corner of the heretofore mentioned called 121.047 acre tract. Said point
being the Southeast corner and POINT OF BEGINNING of this tract.
THENCE: South 64°56'16" West along the South line of this tract, the South line of said
called 121.047 acres and the North right-of-way line of said Interstate Highway No. 10
and at 847.82 feet pass a concrete right-of-way marker found in said line, in all, a total
distance of 1930.10 feet to a concrete right-of-way marker found for the BEGINNING
POINT of a curve to the right, concave Northerly.
THENCE: Along and around said curve to the right, in a Southwesterly direction, along
the North right-of-way line of said Interstate Highway No. 10, the South line of this tract
and the South line of said called 121.047 acres; said curve having a radius of 567.95 feet,
a central angle of 29°45'08", and a chord bearing and distance of South 79°36'25" West
291.62 feet, for an arc length of 294.92 feet to a concrete right-of-way marker found for
the TERMINATION POINT of said curve.
THENCE: North 85°18'38" West along the South line of this tract, the South line of said
called 121.047 acres and the North right-of-way line of said Interstate Highway No. 10
for a distance of 29.61 feet to a concrete right-of-way marker found for the BEGINNING
POINT of a curve to the left, concave Southerly.
PAGE 2 — 120.0428 ACRES.
THENCE: Along and around said curve to the left, in a Northwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right-of-way line of said Interstate Highway No. 10; said curve having a radius of 582.06
feet, a central angle of 29°45'30", and a chord bearing and distance of South 79°38'41"
West 291.52 feet, for an arc length of 294.82 feet to a concrete right-of-way marker
found for the TERMINATION POINT of said curve.
THENCE: South 64°55'51" West along the South line of this tract, the South line of said
called 121.047 acres and the North right-of-way line of said Interstate Highway No. 10
for a distance of 557.18 feet to a concrete right-of-way marker found for the
BEGINNING POINT of a curve to the left, concave Southeastelry.
THENCE: Along and around said curve to the left, in a Southwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right-of-way line of said Interstate Highway No. 10; said curve having a radius of 297.27
feet, a central angle of 29'15'44", and a chord bearing and distance of South 50°04'55"
West 294.05 feet, for an arc length of 297.27 feet to a concrete right-of-way marker
found for the TERMINATION POINT of said curve.
THENCE: South 35°40'07" West along the South line of this tract, the South line of said
called 121.047 acres and the North right-of-way line of said Interstate Highway No. 10
for a distance of 26.98 feet to a concrete right-of-way marker found for the BEGINNING
POINT of a curve to the right, concave Northwesterly.
THENCE: Along and around said curve to the right, in a Southwesterly direction, along
the South line of this tract, the South line of said called 121.047 acres and the North
right-of-way line of said Interstate Highway No. 10, said curve having a radius of 592.23
feet, a central angle of 10°08'12", and a chord bearings and distance of South 40144'13"
West 104.64 feet, for an arc length of 104.78 feet to a concrete right-of-way marker
found for the TERMINATION POINT of said curve.
THENCE: South 84°58'32"West along the South line of this tract, the South line of said
called 121.047 acres and the North right-of-way line of said Interstate Highway No. 10
and at 54.09 feet pass a '/1 inch iron rod, with cap, set for reference, in all, a total distance
of 62.65 feet to a point on the East bank of Spring Gully for the Southernmost Southwest
comer of this tract and the Southernmost Southwest corner of said called 121.047 acres.
THENCE: Along and with the meanders of the Northeast or East bank of said Spring
Gully, along the Southwest line of this tract and the Southwest line of said called 121.047
acres as follows;
North 16°30'45"West for a distance of 7.12 feet;
South 83°16'31"West for a distance of 16.82 feet;
North 58'17'27" West for a distance of 104.79 feet;
t
PAGE 3 — 120.0428 ACRES.
North 70025'40"West for a distance of 77.39 feet;
North 10'24'34"West for a distance of 27.60 feet;
North 43°40'28" West for a distance of 108.06 feet;
North 80°45'50" West for a distance of 62.74 feet;
South 80°31'47"West for a distance of 33.72 feet to a point for the
Westernmost Northwest corner of this tract and the Westernmost Northwest corner of
said called 121.047 acres at the East right-of-way line of the C.I.W.A. Canal as described
in Film Code #105-96-1373 of the Deed Records of Harris County, Texas.
THENCE: North 07°49'01" East along the West line of this tract, the West line of said
called 121.047 acres and the East right-of-way line of said C.I.W.A. Canal, and at 26.91
feet pass a ''/2 inch iron rod, with cap, set for reference, in all, a total distance of 598.48
feet to a 'h inch iron rod, with cap, set for an angle point in said line.
THENCE: North 85°46'04" West along the West line of this tract, the West line of said
called 121.047 acres and the East right-of-way line of said C.I.W.A. Canal for a distance
of 10.94 feet to a % inch iron rod, with cap, set for an angle point in said line. Said point
being the BEGINNING POINT of a curve to the right, concave Southeasterly.
THENCE: Along and around said curve to the right, in a Northeasterly direction, along
the West line of this tract, the West line of said called 121.047 acres and the East right-
of-way line of said C.I.W.A. Canal, said curve having a radius of 631.99 feet, a central
angle of 42'26'18", and a chord bearing and distance of North 25°37'04" East 457.48
feet, for an arc length of 468.11 feet to a ''/z inch iron rod, with cap, set for the
TERMINATION POINT of said curve.
THENCE: North 46°49'34" East along the West line of this tract, the West line of said
called 121.047 acres and the East right-of-way line of said C.I.W.A. Canal for a distance
of 1599.65 feet to a ''/z inch iron rod, with cap, set for an angle point in said line; from
which a 5/8 inch iron rod (found)bears North 72'06'16" West 0.67 feet.
THENCE: South 44°29'19"East along the West line of this tract, the West line of said
called 121.047 acres and the East right-of-way line of said C.I.W.A. Canal for a distance
of 50.57 feet to a ''/2 inch iron rod, with cap, set for an angle point in said line; from which
a 5/8 inch iron rod (found) bears North 48023'08" West 0.65 feet.
THENCE: North 47°49'09" East along the West line of this tract, the West line of said
called 121.047 acres and the East right-of-way line of said C.I.W.A. Canal for a distance
of 379.55 feet to a ''/z inch iron rod,with cap, set in the South right-of-way line of Ellis
School Road (60 feet wide right-of-way) for the Northwest corner of this tract and the
Northwest corner of said called 121.047 acres.
PAGE 4— 120.0428 ACRES.
THENCE: North 86052'35"East along the North line of this tract, the North line of said
called 121.047 acres and the South right-of-way line of Ellis School Road for a distance
of 1784.49 feet to a ''/z inch iron rod, with cap, set for the Northeast comer of this tract,
the Northeast corner of said called 121.047 acres and the Northwest corner of that certain
3.9472 acres (Parcel II) conveyed by Speedway SuperAmerica LLC to SSA Merger
Texas LLC by Deed dated August 31, 2001 and recorded in County Clerk's File No.
V407844 of the Official Public Records of Real Property of Harris County, Texas.
THENCE: South 02°28'57" East along the East line of this tract, the East line of said
called 121.047 acres, the West line of said 3.9472 acres and the West line of said 3.5528
acres, and along the heretofore mentioned Boundary-Line Agreement for a distance of
1161.88 feet to the PLACE OF BEGINNING and containing within these boundaries
120.0428 acres of land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey,Registered Professional Land Surveyor No. 4379, do hereby certify
that the hereinabove described tract of land was surveyed, under my supervision, on the
ground, in December of 2003, and that all lines,boundaries and landmarks are accurately
described therein.
WITNESS my hand and seal at Baytown, Texas, this the 18`h day of December, A. D.,
2003.
OF T
�lQ��p%STE
a9
Ju i ne Ramsey N
Registered Professional Land Surveyor No. 4379 .,JUUENE RAMBEY
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