CC Resolution No. 415 RESOLUTION NO. 415
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 UNDER
THE AUTHORITY OF SECTION 54.016, TEXAS WATER CODE, TO BE KNOWN AS
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 50, AND EMBRACING
WITHIN ITS BOUNDARIES 1195.1475 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 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 district
comprising the area described in Exhibit "A" attached hereto, and to be
known as Harris County Municipal Utility District No. 50, 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 No. 50 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 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 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 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
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 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 Bu er
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 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 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
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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 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
installation of such facilities, the Director of Public Works of the City
of Baytown, or his designated representative, will make periodic on-the-
ground inspection.
(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 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 continued
operations of the sewage treatment facility by making periodic in-
spections 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 Department of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the members
of the City Council of the City of Baytown, on this the 28th day of
September 1972.
C. GLEN WALKER, Mayor
ATTEST:
C�
EDNA OLIVER, City Clerk
APPROVED:
NEEL RICHXRDSON, City Attorney
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