CC Resolution No. 355 RESOLUTION NO. 355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, GRANTING CONSENT AS PROVIDED BY
ARTICLE 970a, VERNON'S ANNOTATED TEXAS STATUTES,
TO THE FORMATION OF A RECLAMATION DISTRICT UN-
DER THE AUTHORITY OF SECTION 54 .016 , TEXAS WATER
CODE, TO BE KNOWN AS HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 3, AND EMBRACING WITHIN ITS
BOUNDARIES 253. 361 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 CONDI-
TIONS 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 municipal utility district
created under the provisions of Section 54 . 016 of the Texas Water
Code, 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 dis-
trict comprising the area described in Exhibit "A" attached
hereto, and to be known as Harris County Municipal Utility
District No. 3, 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 Baytown is
willing to grant such consent upon the conditions and terms
hereinafter stated; and
WHEREAS, Harris County Municipal Utility District is
agreeable to pay a proportionate share along with adjacent or nearby
utility districts of the construction cost of the sewer plant, sewer
lines, and water lines necessary to serve said District; and
WHEREAS, the parties desiring to create such district
are willing to accept such consent based upon such conditions
and terms as hereinafter stated;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BAYTOWN:
Section 1: That upon the following terms and conditions
the City of Baytown hereby grants its consent to the formation of
a district under the provisions of Section 54 . 016 of the Texas
Water Code, embracing the hereinafter described area which is
situtated within the extraterritorial jurisdiction of the City of
Baytown as granted it under the provisions of Article 970a of
Vernon' s Annotated Texas Statutes, said area being described in
Exhibit "A" which is attached hereto and made a part hereof for
all purposes.
The consent herein granted is conditioned upon the
following terms and conditions, to-wit:
(a) Bonds will be issued by the district only for
the purpose of purchasing and constructing, or pur-
chasing 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 pur-
chases, constructions, improvements, 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 will expressly provide that
the district reserves the right to redeem said bonds
on any interest-payment date subsequent to the fif-
teenth (15th) anniversary of the date of issuance
without premium and will be sold only after the
taking of public bids therefor, and none of such bonds,
other than refunding bonds, will be sold for less
than 95% of par; provided that the net effective
interest rate on bonds so sold, taking into account
any discount or premium as well as the interest rate
on bonds so sold, taking into account any discount
or premium as well as the interest rate borne by
such bonds, will not exceed two per cent (2%) above
(411*1 the highest average interest rate reported by the
Daily Bond Buyer in its weekly "20 Bond Index"
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during the one-month period next preceding the date
notice of the sale of such bonds is given, and that
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 resolutions of the City Council to
such addition or annexation.
(c) Before the commencement of any construction within
the district, the district, its directors, officers
or the developers and landowners will submit to a de-
signated representative of the City of Baytown all plans
and specifications for the construction of water, sanitary
sewer and drainage facilities to serve such district and
obtain the approval of such plans and specifications.
All water wells, water meters, flushing valves, valves,
pipes and appurtenances installed or used within the
district will conform exactly to the specifications of
the City of Baytown. All water service lines and sewer
service lines, lift stations, sewage treatment facilities,
and appurtenances thereto, installed or used within the
district, will 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 will give written notice by registered or
certified mail to the designated representative stating
the date that such construction will be commenced. The
construction of the district' s water, sanitary sewer
and drainage facilities will be in accordance with the
approved plans and specifications and with applicable
standards and specifications of the City of Baytown;
and during the progress of the construction and in-
stallation of such facilities, the designated
representative may take periodic on-the-ground in-
spections.
(d) 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, V.T.C.S. 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 send copies of
all such effluent data to the designated representative
as well as to the Texas Water Quality Board. The
district will agree that representatives of the City
of Baytown may supervise the continued operations of
the sewage treatment facility by making periodic in-
spections thereof.
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(e) Prior to the sale of any lot or parcel of land,
the owner or the developer of the land included within
the limits of the district will obtain the approval of
the appropriate official of the City of Baytown of a
plat which will be duly recorded in the Map and Plat
Records of Harris County, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of
the members of the City Council of the City of Baytown, on this
the day of , 1971.
C. GLEN WALKER, Mayor
ATTEST:
EDNA OLI ER, City Clerk
APPROVED:
v
NE EL R HARDSON, City Attorney
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Garth Roa` ?UD
Lying wholly in Harris County, Texas, and being
253 .361 acres , more or less , out of the Talcott Patching
Survey, A-620 , more particularly described by metes and
bounds as follows:
Commencing for reference at the Southeast corner of
said Talcott Patching Survey.
Thence, N 070 26 ' 03" W 6238 feet, more or less,
along the Easterly line of the said Talcott Patching Sur-
vey.
Thence, S 82° 33 ' 57" W 40 feet, more or less, to
the point of beginning, said point being the point of
intersection of the southerly right-of-way line of Wallis-
ville Road (60 .00 feet wide) with the westerly right-of-way
line of Garth Road (80 .00 feet wide) .
Thence, S 07° 26 ' 03" E 5870 .35 feet along and with
the westerly right-of-way line of Garth Road to a point
for a corner.
Thence, S 380 59 ' 35" W, 77.35 feet to a point for
a corner in the northerly right-of-way line of Interstate
Highway 10 (State Highway 73) .
Thence, S 81° 26 ' 07" W 608 .99 feet along and with
the northerly right-of-way line of Interstate Highway 10
(State Highway 73) to a point for a corner , said point
being an angle point in the said northerly right-of-way
line.
Thence, S 66° 26 ' 07" W 69 .50 feet continuing along
and with the northerly right-of-way line of Interstate
Highway 10 (State Highway 73) to a point for a corner, said
point being an angle point in the said northerly right-of-
way line.
Thence , S 81° 26 ' 07" W 1070 .00 feet continuing along
and with the northerly right-of-way line of Interstate High-
way 10 (State Highway 73) to a point for a corner.
Thence N 09° 08 ' 04" W 5899 .51 feet to a point for a
corner in the southerly right-of-way line of Wallisville
Road.
Thence , N 80° 16 ' 17" E 1178 .10 feet along and with
the said southerly right-of-way line of Wallisville Road.
Thence, S 09° 43 ' 43" E 270 .00 feet to a point for an
interior corner of the herein described tract.
Thence, N 80° 16 ' 17" E 500 .00 feet to a point for
an interior corner of the herein described tract.
Thence, N 09° 43 ' 43" W, 270 .00 feet to a point for a
corner in the southerly right-of-way line of Wallisville Road.
Thence, N 80° 16 ' 17" E, 300.00 feet along and with
the southerly right-of-way line of Wallisville Road to the
point of beginning.
Containing 253. 361 acres , more or less .
Exhibit "A"
AWN
PETITION FOR CONSENT TO INCLUDE
LAND IN A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY
COUNCIL OF THE CITY OF BAYTOWN:
The undersigned, hereinafter called "petitioners , "
being the holders of title to a majority in value of the lands
hereinafter described, as such values are indicated by the tax
rolls of Harris County, Texas , acting pursuant to the provisions
of Section 54.016 , Texas Water Code, respectfully petition for
°J the inclusion of land in a municipal utility district, herein-
after called "district, " within the terms and provisions of
Section 59 , Article 16 , Constitution of Texas . In support of
this petition for consent to include said lands within the dis-
trict, petitioners show as follows :
I
The name of the district will be "Harris County Municipal
Utility District No. 3. "
II
The area of the land to be included in the district con-
tains 253.361 acres, more or less, and lies wholly within Harris
County, Texas. No part of said area is within the limits of any
incorporated city or town. Under the provisions of the Municipal
Annexation Act (Article 970a, V.T.C.S. ) , said area is within the
extraterritorial jurisdiction of the City of Baytown and the
City of Houston and is not within such jurisdiction of any other city.
III
The land, described by metes and bounds , sought to be
included within the area of the district, is as follows :
Garth Road. PUD
t
Lying wholly in Harris County, Texas, and being
253.361 acres, more or less , out of the Talcott Patching
Survey, A-620 , more particularly described by metes and
bounds as follows :
Commencing for reference at the Southeast corner of
said Talcott Patching Survey.
Thence, .N 0710 26 ' 03" W 6238 feet, more or less,
along the Easterly line of the said Talcott Patching Sur-
vey.
Thence, S 82° 33 ' 57" W 40 feet, more or less, to
the point of beginning, said point being the point of
intersection of the southerly right-of-way line of Wallis-
ville Road (60.00 feet wide) with the westerly right-of-way
line of Garth Road (80 .00 feet wide) .
Thence, S 07° 26 ' 03" E 5870 .35 feet along and with
the westerly right-of-way line of Garth Road to a point
for a corner.
Thence, S 38° 59 ' 35" W, 77 . 35 feet to a point for
a corner in the northerly right-of-way line of Interstate
Highway 10 (State Highway 73) .
Thence , S 81° 26 ' 07" W 608 .99 feet along and with
the northerly right-of-way line of Interstate Highway 10
(State Highway 73) to a point for a corner, said point
being an angle point in the said northerly -right-of-way
line.
Thence, S 66° 26 ' 07" W 69 .50 feet continuing along
and with the northerly right-of-way line of Interstate
Highway 10 (State Highway 73) to a point for a corner, said
point being an angle point in the said northerly right-of-
way line.
Thence, S 810 26 ' 07" W 1070 .00 feet continuing along
and with the northerly right-of-way line of Interstate High-
way 10 (State Highway 73) to a point for a corner.
Thence N 09° 08 ' 04" W 5899 .51 feet to a point for a
corner in the southerly right-of-way line of Wallisville
Road.
Thence, N 800 16 ' 17" E 1178 .10 feet along and with
the said southerly right-of-way line of Wallisville Road.
Thence, S 090 43 ' 43" E 270 .00 feet to a point for an
interior corner of the herein described tract.
Thence, N 80° 16 ' 17" E 500.00 feet to a point for
an interior corner of the herein described tract.
Thence, N 090 43 ' 43" W, 270 .00 feet to a point for a
corner in the southerly right-of-way line of Wallisville Road.
Thence, N 800 16 ' 17" E, 300 .00 feet along and with
the southerly right-of-way line of Wallisville Road to the
point of beginning.
Containing 253. 361 acres , more or less .
f
IV
District will be organized for the purposes of and
the general nature of the work proposed to be done shall be
the purchase, construction, acquisition, repair, extension
and improvement of land, easements, works , improvements ,
facilities, plants, equipment and applicances necessary to:
(1) provide a water supply for municipal uses , domestic
uses and commercial purposes;
(2) collect, transport, process , dispose of and control
all domestic, industrial or communal wastes whether in fluid,
solid or composite state; and
(3) gather, conduct, divert and control local storm water
or other local harmful excesses of water in the district and the
payment of organization expenses, operational expenses during
construction and interest during construction.
V
There is a necessity for the improvements above des-
cribed for the following reasons : The area of the district is
urban in nature , is within the growing environs of Baytown and
Houston, and is in close proximity to populous and developed
sections of Harris County. District 's area will within the
immediate future experience a substantial and sustained resi-
dential and commercial growth. Said area is not supplied with
adequate water and sanitary sewer facilities and services ,
nor with adequate drainage facilities . The health and welfare
of the future inhabitants of the area and of territories adja-
cent thereto require the installation and acquisition of an
adequate water supply and sewage disposal system and an adequate
drainage system for and within the area of the district.
AIMN
A public necessity exists for the organization of
such district, to provide for the purchase , construction,
extension, improvement , maintenance and operation of such
waterworks and sanitary sewer system and such drainage faci-
lities, so as to promote and protect the purity and sanitary
condition of the State 's waters and the public health and wel-
fare of the community.
VI
Petitioners request consent for the inclusion of the
aforesaid lands in a municipal utility district under the follow-
ing conditions, until such time as said conditions may be
changed by City ordinance or resolution, either specific or
general:
(a) Bonds will be issued by the district
only for the purpose of purchasing and constructing,
or purchasing or constructing, or under contract with
the City of Houston or Baytown, or otherwise acquir-
ing 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 , improvements ,
extensions , additions and repairs thereto, and to
purchase or acquire all necessary land, right-of-way
easements , sites , equipment, buildings , plants , struc-
tures 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 will expressly provide that
the district reserves the right to redeem said bonds
on any interest-payment date subsequent to the fif-
teenth (15th) anniversary of the date of issuance with-
out premium and will be sold only after the taking of
public bids therefor, and none of such bonds, other
than refunding bonds , will be sold for less than 95% of
par; provided that 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, will 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
one-month period next preceding the date notice of the
sale of such bonds is given, and that 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 Houston, Texas , or 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 Houston and the City of
Baytown have given their written consent by resolu-
tions of the City Councils to such addition or
annexation.
(b) Before the commencement of any construc-
tion within the district, the district, its directors ,
officers or the developers and landowners will submit
to a designated representative of the City of Baytown
all plans and specifications for the construction of
water, sanitary sewer and drainage facilities to serve
such district and obtain the approval of such plans
and specifications . All water wells , water meters ,
flushing valves, valves , pipes and appurtenances in-
stalled or used within the district will conform exact-
ly to the specifications of the City of Houston and the
City of Baytown. All water service lines and sewer
service lines , lift stations , sewage treatment facilities ,
and appurtenances thereto, installed or used within the
district, will comply with the City of Baytown and the
City of Houston's standard plans and specifications.
Prior to the construction of such facilities within the
district, the district or its engineer will give written
notice by registered or certified mail to the designated
representative stating the date that such construction
will be commenced. The construction of the district's
water, sanitary sewer and drainage facilities will be in
accordance with the approved plans and specifications
and with applicable standards and specifications of the
City of Houston and the City of Baytown; and during the
progress of the construction and installation of such
facilities, the designated representative may 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,
' V.T.C.S. 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 send copies of all such effluent data to
the designated representative as well as to the Texas
Water Quality Board. The district will agree that
representatives of the City of Baytown may supervise
the continued operations of the sewage treatment facility
by making periodic inspections thereof.
(d) Prior to the sale of any lot or parcel of
land, the owner or the developer of the land included
within the limits of the district will obtain the approval
of the appropriate official of the City of Baytown of a
plat which will be duly recorded in the Map and Plat
Records of Harris County, Texas .
P`
VII
It is now estimated by those filing this petition,
from such information as they have at this time , that the
ultimate cost of the development contemplated will be
approximately $
Wherefore , petitioners respectfully pray that this
petition be granted in all respects and that the City of Baytown
give its written consent to the inclusion of the aforesaid
land in said district.
Dated at Harris County , Texas, this 20th day of
July, 1971.
oph THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority , on this day
personally appeared JAMES M. EASTERLING, JR. , General Partner
of Landmark Investment Properties , Ltd. , known to me to be
the person whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this o�
day of July, 1971.
NOTARY PUBLIC IN `AND FOR
HARRIS COUNTY, T E X A S
OW