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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" -2- 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. -3- (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 -4- 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