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CC Resolution No. 341 RESOLUTION NO. 341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS , GRANTING CONSENT TO THE CREATION WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION OF A POLITICAL SUBDIVISION HAVING AS ONE OF ITS PURPOSES THE SUPPLYING OF FRESH WATER FOR DOMESTIC OR COMMERCIAL USES OR THE FURNISH- ING OF SANITARY SEWER SERVICES PURSUANT TO SECTION 8B , ARTICLE 970a, TEXAS CIVIL STATUTES, SUCH POLITICAL SUBDIVISION TO BE KNOWN AS SPRING MEADOWS MUNICIPAL UTILITY DISTRICT CONTAINING 485. 36 ACRES OF LAND, MORE OR LESS , IN HARRIS COUNTY, TEXAS, SAID LAND BEING DESCRIBED BY METES AND BOUNDS IN AN INSTRUMENT ATTACHED TO THIS RESOLUTION. ********** R E C I T A L S Section 1 . The Municipal Annexation Act, Section 8B, of Article 970a, Texas Civil Statutes and Chapter 54 , Texas Water Code (H.B. No . 1458 Acts of the 62nd Legislature, Regular Session) , provide that before any political subdivision having as one of its purposes the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer services may be created within the area of the extraterritorial juris- diction of any city or town, there must first be obtained the consent of such city having extraterritorial jurisdiction over the area to be included within such political subdivision, here- inafter called "District. " Section 2 . The City Council of the City of Baytown has been requested to give its consent to the creation of Spring Meadows Municipal Utility District, containing 485. 36 acres of land, more or less , in Harris County, Texas , which is described by metes and bounds in an instrument attached to this Resolution. Section 3 . The City Council is agreeable to giving its consent to the creation of such District upon the terms and conditions hereinafter stated. Section 4. The landowners , developers or representa- tives of the person, persons , or parties who have requested that the City Council grant its consent as above stated and who desire to create such District, have assured the officials of the City of Baytown that they are willing to accept such consent based upon the terms and conditions as hereinafter stated, and that said landowners , developers , person, persons , or parties or the representatives thereof, 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 con- ditions contained in this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1. That upon the following terms and condi- tions , the City of Baytown hereby grants its consent to the creation of Spring Meadows Municipal Utility District, pursuant to the provisions of Section 8B, Article 970a, of the Texas Civil Statutes and Chapter 54 , Texas Water Code (H.B. 1458 Acts of the 62nd Legislature , Regular Session.) The land em- braced within the limits of the said District is situated with- in the extraterritorial jurisdiction of the City of Baytown, and is described by metes and bounds in an instrument attached to this Resolution: -2- Spring Meadows MUD Lying wholly in Harris County , Texas , and being 485. 365 acres , more or less , out of the George Ellis Survey , A-21 , and being more particularly described by metes and bounds as follows : Beginning at a 2-inch iron pipe marking the north- east corner of Lot 7 of a subdivision of the George Ellis Survey , A-21 as recorded in Volume 72 , Page 459 of the Deed Records of Harris County , said 2-inch iron pipe also being the southwest corner of the intersection of North Main Street , otherwise known as Crosby-Cedar Bayou Road, and Wallisville Road; Thence with the south line of Wallisville Road S 80' 11 ' 45" W 4175. 59 feet to a point for corner; Thence S 08' 29 ' 16" E 730 . 40 feet to a point for corner; Thence S 80' 11 ' 45" W 926 . 00 feet to a point for corner in the east line of Garth Road; Thence S 08' 29 ' 16" E 5138 . 83 feet along the east line of Garth Road to a point for corner, said corner being at the northeast corner of the intersection of Garth Road and Interstate Highway No. 10 ; Thence S 54' 03 ' 19" E 70 . 77 feet along a cut back at the northeast corner of the intersection of Garth Road and Interstate Highway No . 10 to a point for corner; Thence N 80' 15 ' 19" E 964 . 56 feet along the north line of Interstate Highway No. 10 to a point for corner; Thence continuing with the north line of Interstate Highway No. 10 N 761 30 ' 55" E 1609 . 27 feet to a point for corner; Thence N 09° 55 ' 44" W 3203 . 80 feet along the east line of Lot 5 of said subdivision of the George Ellis Survey, to a point for corner, said corner being in the south line of said Lot 7 and the south line of a Harris County Flood Control District easement as recorded in Volume 2303 , Page 35 of the Deed Records of Harris County , Texas ; Thence N 79' 51 ' 47" E 2613 . 50 feet along the south line of said Harris County Flood Control District easement and approximately 20 feet south and parallel to the south line of a San Jacinto River Authority easement as recorded in Volume 6412 , Page 138 of the Deed Records of Harris County , Texas , to a point for corner , said corner being in the west line of North Main Street ; Thence N 09' 34 ' 56" W 2597 . 12 feet along the west line of said North Main Street to the place of beginninq , and containing 485 . 365 acres , more or lass . (a) Prior to the sale or offer to sell any bonds of the District, the undersigned Proponents 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 agree- ment to the Legal Department of the City of Baytown. Bonds may be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under con- tract with the City of Baytown, or otherwise acquiring water works 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 , construction, im- provements , extensions , additions and repairs thereto, and to purchase or acquire all necessary land, right-of-way easements , sites , equipment , buildings, plants , structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, 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 on any interest payment date 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 950 of par, provided 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 per cent (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 (45) days after notice of sale of the bonds is given. The resolution authorizing the issuance of the District's bonds will 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 of Baytown, Texas , annexes the District, takes over the assets of the District and assumes all of the obligations of the District. No land will be added or annexed to the District until the City of Baytown has given its written consent by resolution of the City Council to such addition or annexation. (b) The District, its directors , officers , or the developers and landowners shall submit to the Director of the Department of Public Works of the City of Baytown or to his designated representative before the commencement of any con- struction within the District all plans and specifications for the construction of water, sanitary sewer and drainage facili- ties to serve such District and obtain the approval of such plans and specifications . All water wells , water meters , fire hydrants , valves , pipes and appurtenances installed or used within District shall conform exactly to the specifications of the City of Baytown. All water service lines and sewer service lines , lift stations , sewer treatment facilities , and appurtenances thereto, installed or used within the District shall comply with the City of Baytown's standard plans and specifications . Prior to the construction of such facilities within the District, the District, or its engineer, shall give written notice by registered or certified mail to the Director of Public Works , stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer and drainage facilities shall be in accordance with the approved plans and specifications -4- and with applicable standards and specifications of the City of Baytown, and during the progress 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 . (c) The District will agree to employ a sewage plant operator holding a valid certificate of competency issued under the direction of the Texas State Health Department as required by Section 20 (a) of Article 4477-1, Vernon' s Texas Civil Statutes. The District will agree to make periodic analyses of its discharge pursuant to the provisions of Texas Water Quality Board Order No. 69-1219-1 and further will agree to and will send copies of all such effluent data to the De- partment of Public Works, City of Baytown, as well as to the Texas Water Quality Board. The District will agree that re- presentatives of the City of Baytown may supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. (d) The owner or the 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 a Planning Commission of the City of Baytown 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 Planning Department of the City of Baytown. Spring Meadows Subdivision which is contained in the proposed Utility District should be developed by sections . The Developer of Spring Meadows Subdivision has agreed to dedicate a three (3) to five (5) acre park in Section II of the subdivision. The Planning Department of the City of Baytown shall review the Map and Plat records of Section II and approve the same according to the commitment made by the Developer of Spring Meadows Subdivision. PASSED AND APPROVED, this 15th day of June, A.D. , 1971. Mayor of the City of Baytown APPROVED: ,,,.-'A-VLAng City Attorney -5-