CC Resolution No. 210RESOLUTION
RESOLUTION NO. 210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANT-
ING CONSENT AS PROVIDED BY ARTICLE 970a, VERNON'S ANNOTATED TEXAS STATUTES,
TO THE FORMATION OF A RECLAMATION DISTRICT UNDER THE AUTHORITY OF ARTICLE 16,
SECTION 59, OF THE CONSTITUTION OF THE STATE OF TEXAS, TO BE KNOWN AS THOMPSON
ROAD MUNICIPAL UTILITY DISTRICT, AND EMBRACING WITHIN ITS BOUNDARIES 179.815
ACRES OF LAND, MORE OR LESS, IN HARRIS COUNTY, TEXAS, SAID AREA BEING HEREIN
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO,
UPON THE CONDITIONS AND PROVISIONS HEREIN STATED.
WHEREAS, under the provisions of Article 970a of Vernon's Annotated
Texas Statutes, before any area located within the extraterritorial jurisdiction
of any home rule city can be included within the boundaries of any water control
and improvement district created under the provisions of Article 16, Section 59,
of the Texas Constitution, there must first be obtained the consent of such
city having such extraterritorial jurisdiction over the area to be included
within such district; and
WHEREAS, certain parties desire to create such a district c ri,ing the
area described in Exhibit "A" attached hereto, and to be known as Thompson Road
Municipal Utility District, which area is located within the extraterritorial
jurisdiction granted to the City of Baytown, Texas, under the provisions of
Article 970a of Vernon's Annotated Texas Statutes: and
WHEREAS, the City Council of the City of Baytowr 's w [ling to grant such
consent upon the conditions and terms hereinafter s eree
WHEREAS, the oar-ies desiring to treat, ,.c-. cistric+ are willing to
accept such consent based upon such conditions and terms as ':,�relnafter stated;
NOW, tiEREFORE, BE IT RESOLVED BY HE CITY COUNCIL OF THE !TY OF BAYTOWN:
Section I: That upon the following terms and cone _,o, r1e City of
Baytown he.c y grants .is consent to the fc,mation of a d,si� c- .crier The
provisions of Article 16, Section 59, of "iF :onstitutio; of the Tate Texas,
embracing the hereinafter described area w-_Lr is situatec within the e ra-
ter torial jurisdiction of the City of Baytown as granted it under the arovi-
sions of Article 970a of Vernon's Annotated Texas Statutes, said area being
described in Exhibit "A" which is attached hereto ane ace a part hereof for
a . purposes.
The consent herein granted is conditioned upon the following terms and
conditions, to -wit:
(a) Bonds may be issued by the district only for the purpose
of purchasing and constructing, or purchasing or constructing, or
under contract with the City of Baytown, or otherwise acquiring
waterworks systems, sanitary sewer systems, storm sewer systems
and drainage facilities, or parts of such systems or facilities,
and to make any and all necessary purchases, constructions, improve-
ments, extensions, additions and repairs thereto, and to purchase
or acquire all necessary land, right-of-way easements, sites, equip-
ment, buildings, plats, structures and facilities therefor, and to
operate and maintain same, and to sell water and other services
within or without the boundaries of the district. Such bonds
shall expressly provide that the District shall reserve the right
to redeem said bonds at any time subsequent to the fifteenth (15th)
anniversary of the date of issuance without premium, and shall only
be sold after the taking of public bids therefor, and none of such
bonds, other than refunding bonds, shall be sold for less than
100% of their face value and shall bear interest at the rate of not
more than 6% per annum. Said bonds shall have a maturity not to
exceed 30 years from date of issuance and reasonable but substantial
payments on the principal shall begin not later than three (3) years
from the date of issuance.
(b) The district shall submit the plans and specifications
for the construction of water, sanitary sewer and drainage
facilities to serve such district to such city for approval and
such district must obtain the approval thereof by such city before
commencing construction thereof. The construction of the district's
water, sanitary sewer and drainage facilities shall be in accordance
with the approved plans and specifications and with applicable stan-
dards and specifications of the city of Baytown, and during the pro-
gress of the construction and installation of such facilities, the
Director of Public Works of the City of Baytown, or an employee
thereof, shall make periodic on -the -ground inspections, and no such
construction shall be started or undertaken by the district unless
it has in its possession the following:
(c) A certificate of the district's engineer, who shall be a
registered professional engineer under the laws of the State of
Texas, that, in his opinion, such construction conforms to said
city's established standards and specifications; and a letter or
certificate cf the Director of the Department of Public Works of
sai_ City of Baytown (or the successor, department, or agency of
sa , department of Public Works) that, in his opinion, such construc-
tion conforms to said City's established standards and specifications;
moreover, the owner or the developer of the land referred to herein
wi !, prior to the sale of any lot or parcel of land, obtain the
approval of the Planning Commission of the City of Baytown of a
plat and properly record it, and otherwise comply with the rules
and regulations of the Planning Commission of the said C Ty.
INTRODUCED, READ and PASSED by the affirmative vote of the members of
the City Council of the City of Baytown,
ATTEST:
C"X� (2-c n_J
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attorney