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CC Resolution No. 414 �` r• A% r RESOLUTION NO. 414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THE FAIR MARKET VALUE OF THE 15 ACRE BROWN TRACT. WHEREAS, two competent professional appraisers selected by the City of Baytown made their appraisals of the Brown 15 Acre Tract; and WHEREAS, the two appraisals were reviewed by a competent staff appraiser of the City of Baytown to determine the acceptability and accuracy of the appraisal reports; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1 : That the fair market value of the Brown 15 Acre Tract described in Exhibit "A" is as follows: Thirty-Three Hundred Dollars ($3300) or Forty-Nine Thousand , Five Hundred Dollars ($49500) for the fifteen acres Section 2: And be it further resolved that the work of the appraisers as reviewed by the City of Baytown Staff Appraiser is hereby certified. INTRODUCED, READ and PASSED this 5th day of September 1972. CC C. G EN WALKER, Mayor ATTEST: LUNA OLIVER, City Clerk APPROVED: J n C ' Pfenni s 's tant Cit ttorney NEEL RICHAR 0 , City Attorney i EXHIBIT "A" 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 at least 50 of the holders of title to the land here- inafter described (there being more than 50 persons holding title to said land, as indicated by the county tax rolls), act- ing pursuant to the provisions of Section 54 .016 , Texas Water Code, respectfully petition for the inclusion of land in a municipal utility district, hereinafter called "District," within the terms and provisions of Section 59 , Article 16, Con- stitution of Texas. In support of this petition for consent to include said lands within the District, Petitioners show as follows: I The name of the District will be "Harris County Municipal Utility District No. 50 . " II The area of the land to be included in the District con- tains 1195.1475 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 is not within such jurisdiction of any other city. III The land, described by metes and bounds , sought to be in- cluded within the area of the District, is as follows: I Harris CountF `IUD �. 50 - 1 of 2 Lying wholly in Harris County, Texas, and being 1195.1475 acres, more or less, out of the Humphrey Jackson Survey, A-371 the Thomas Toby Survey, A-784 , and the Reuben White Survey, A-84, and described by metes and bounds as follows: Beginning at the northeast corner of the Reuben White Survey, A-84, which is the most easterly northeast corner of the herein described tract. Thence S 890 25 ' W 1669.735 feet along the north line of the Reuben White Survey, A-84 , and the south line of the Thomas Toby Survey, A-784, for a corner in the center of the right of way of the Crosby-Cedar Bayou Road. Thence N 000 35 ' W 3150.949 feet along the east line of Dream Land Place, an unrecorded subdivision of Harris County, and the east line of a 107.40-acre tract of land for a corner in the south right-of-way line of Kennings Road, a county road. Thence S 890 25' W 2848. 372 feet along the south right- of-way line of Kennings Road to a corner at its intersection with the southeast right-of-way line of U.S . Highway 90. Thence S 27° 25 ' W 924 .762 feet along the southeast right-of-way line of U.S. Highway 90 to the P.C. of a 30 00 ' cir- cular curve to the west having a central angle of 48° 20 ' and a radius of 1909. 86 feet. Thence around said curve along said southeast right- of-way line of U.S. Highway 90 to the P.T. of said curve a dis- tance of 1611.112 feet. Thence S 75° 45 ' W 1843.438 feet along said southeast right-of-way line of U.S. Highway 90 for a corner in the Northwest corner of a 43.592-acre tract. Thence S 150 15 ' E 993. 853 feet along the west line of said 43.592-acre tract to a corner in the north line of the Reuben White Survey, A-84 . Thence S 890 25 ' W 589. 318 feet along the north line of the Reuben White Survey, A-84 , to a corner, being the northeast corner of a 102-acre tract. Thence S 10° 35' E 3410.926 feet along the east line of said 102-acre tract to a corner. Thence S 0° 35 ' E 406.131 feet for a corner, being the southwest corner of the D.C. Hautier 5.11-acre tract. Thence S 890 25 ' W 137 .508 feet for a corner, being the most westerly northeast corner of Harris County Fresh Water Supply District No. 46 . Thence South 320 feet along the most northerly east line of Harris County Fresh Water Supply District No. 46 to a corner in the west line of Arcadian Gardens Subdivision, Section 3, as recorded in Volume 22, Page 58, of the Harris County Map Records, y Harris Co. M No 50 - 2• of 2 being the northwest corner of Lot 109 and the southwest corner of Lot 38 of said subdivision. Thence N 890 30 ' E 1650 feet along the most southerly north line of Harris County Fresh Water Supply District No. 46 for a corner in the east right-of-way lime of Locust Street, being a northeast corner of Harris County Fresh Water Supply District No.46 , and northwest corner of Lot 80 of said Arcadian Gardens Subdivision, Section 3. Thence S 02° 55 ' E 1080 feet along east right-of-way line of Locust Street to the southeast corner of Harris County Fresh Water Supply District No. 46 for the most southerly south- west corner of the herein described tract. Thence N 89° 25 ' E 1547.06 feet along the south line of Arcadian Gardens Subdivision, Section 4, to corner in the east right-of-way line of Farm Market Road 2100 . Thence N 03° 25 ' W 354.172 feet along the east right- of-way line of Farm Market Road 2100 for a corner at the south- west corner of St. Charles Place Subdivision. Thence N 890 25' E 4641.181 feet along south line St. Charles Place for a corner in east line of Reuben White Survey, A-84. Thence N 000 35 ' W 4834. 738 feet along said east line of the Reuben White Survey, A-84 and west line of the HT&BRR Survey, A-1619, to the place of beginning. Containing 1195.1475 acres , more or less. IV District will be organized for the purposes of and the general nature of the work proposed to be done shall be the pur- chase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements , facilities , plants , equip- ment and appliances 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 is in close proximity to populus and developed sections of Harris County. Dis- trict's area will within the immediate future experience a substan- tial and sustained residential 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 adjacent 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. 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 facilities, so as to pro- mote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI Petitioners request consent for the inclusion of the afore- said lands in a municipal utility district under the following con- ditions, 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 con- structing, or under contract with the City of Baytown, or otherwise acquiring waterworks systems , sanitary sewer sys- tems, storm sewer systems and drainage facilities, or part 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, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer and other ser- vices 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 subse- quent to the fifteenth (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 re- funding 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 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 dis- trict'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) Before the commencement of any construction within the district, the district, its directors , officers or the developers and landowners will submit to the Director of the Department of Public Works of the City of Baytown, or to his designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage faci- lities 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 specifi- cations of the City of Baytown. All water service lines and sewer- service lines, lift stations, sewage treatment facili- ties, 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 Director of Public Works, stating the date that such con- struction will be commenced. The construction of the dis- trict'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 Director of Public Works of the City of Baytown, or his designated representative, will make periodic on-the-ground inspections . (c) The district will agree to employ a sewage plant opera- tor 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 Department of Public Works, City of Baytown, as well as to the Texas Water Quality Board. The district will agree that representatives of the City of Baytown may supervise the con- tinued 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 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 Depart- ment of the City of Baytown. 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 $6, 000, 000. Wherefore, Petitioners respectfully pray that this peti- tion 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 July 12, 1972. 1%N—Off S-n�u� /.Ir/O /p2 Po �2 © 7 � 14 3 � � I M OPW, w /.by�j /��,n,,7Nf ✓ I ��E-.�i 8 r1 �La�/ (.po�Lcx, — el -5-214 13 r ,I r r 11863 O � 3 r r r