CC Resolution No. 471 RESOLUTION NO. 471
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. 80, AND EMBRACING
WITHIN ITS BOUNDARIES 208.17 ACRES, 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. 80, which area is located within the extraterri-
toral 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. 80 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:
'1
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 situated 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 con-
ditions , to-wit:
(a) Bonds will be issued by the district 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 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 , 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; pro-
vided 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 1120 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 district's bonds
will contain a provisions 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 ad-
dition or annexation.
(b) Before the commencement of any consideration 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 specificiations 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 lines , lift stations ,
sewage treatment facilities , and appurtenances thereto, installed or used
-2-
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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 said 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 pro-
gress of the construction and installation of such facilities , the City
of Baytown's designated representative will 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 dis-
charge 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 City of Baytown, as well as to the Texas Water Quality Board. The
district will agree that representatives of the City of Baytown may super-
oph vise 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, and otherwise comply with , the rules and regu-
lations 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 23rd day of May 1974.
TOM GENTRY, Mayor
ATTEST:
CI
CIALA
LUNA OLIVER, City Clerk
APPROVED:
I �NEEL RC ARD ON, City Attorney
EXHIBIT "A"
btc/vc:
PETITION FOR CONSENT TO INCLUDE
LAND IN A MJNICIPAL 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 tags rolls of Harris County, Texas, acting 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 , Constitution 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. 80. "
II
The area of the land to be included in the district
contains 208.17 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 included within the area of the district, is as follows:
i
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 im-
provement of land, easements, works, improvements, facilities,
plants, equipment and appliances necessary to: S
(1) provide a water supply for municipal uses, domestic
uses and commercial purposes;
(2) collect, transport, process, dispose of and con-
trol 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
described 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 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.
N
A public recesc.ity exists for the organiGaets on of such
district, to ®pride for the
� oroha3®, construction, extension,� .
iWwlma nt:, muintonanae and esperat:i*A of such waWrworks and
sanit=Y ems aystoa and such drainage facilities, coo as to pro-
awto and protect the purity and smitwy
itie9a of the Stateg
waWra and the public health and walfara ag t7ae comamity.
VI
lAetiti*Wrs raquest CQRSMt for the inCIUSion of the
aforesaid lands in a nufticiPal utilftY district under the follow-
ing cmditiawp until such time az said coaditti4ms may be d
wed
by City ordamaae or resolution, either SPOCU c or general:
(a) Bonds will be issued by the district for the
purpose of purch4sing and eonst:ructi.ng q or purchasing
or *=Gtructingt or under contract wiWa the City of Baytown,
or othezVfse acquiring Watearworks syste:s€a, &Mitsary-
se 872t0us, storm eewar sv.ste= and drain"e faei-
lities, or parts of such system or facilities, and
to vske any an4 all nemseary pnsclaaze %, t onstXuations,
i ra ent*, oxton iOus a additions Md VeSdrs thereto,
o,
and W purchase or moire all necessary Land, right-
of-way e09e ats, sitea, equLpmont, building, pleats,
atau0tw0s and facilities therefor, and to *"rate aAd
maintain. saO, md to sell water, sanitary sever as
othew servi Wittda or Without the bowdaries of the
district. Such bonds will enp regsly vice that tho
dietr$ot reaS®rvoe the might to -rdaeu said bonds on any
lat st-Pa at date subsequent to the f�ifteeht'b {15th)
=miv$rs . of the date of issaance without pre"mm and
wiU bs sold only after the -taking of public bide there-
for, and none of such bmas, other than Vef=dLnjj'houde,
will W sold for loss than 95b of pat; provided that the
ant effective interest rate on ,bonds so -sold, takU9 into
acocunt any discount or pre miuR as well as the interest:
rate bourne by such bonds, will not onceed two per cent
(2%) above the highest average interest rate reported
bye D"IX goad in its Wooc9.y 120 d lnde "
durLP4 Me oze.-Month period sent preceding the date
notiae of the sale of such bonds its given, and that bids
for the bond® will be races vod not mare .than forty-five
(45) clay after notice of sale of th,6 bouda is 9iVM.
The resolution authorizing t1w issuan o of the district's
bonds will contain a provision that the pledge of the
revenues from the operation of the district's water and
saver aWor 4raimge eyotem to the paymat of the dig-
triot'o bands will terminate when and if the City of Bay-
town* Tome annexes the district, takes over the assets of :.he
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, offi-
cers 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 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, in-
stalled or used within the district, will comply with the
City of Baytown's standard plants 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 said 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 installation of such facilities, the City of Baytown's
designated representative will 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
r.: discharge pursuant to the provisions of Texas Water Quality
Hoard Order No. -69-1219-1 and further will agree to send' '
copies of all, such effluent data to the City of Baytown,
as well as to the Texas Water Quality Hoard. 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 o�raer or the developer of the land included within
the limits of the district will obtain the approval of,
and otherwise comply with,, the rules and regulations of the
City of Baytown.
N
a
V I I
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
$2,200,OOQ.
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 - i
V.
O
Harris'County D Nodo
Lying wholly in Harris County, Texas, and being 208. 17
acres, more or less, out of the George Ellis League, A-21; and being
all of Lot 23 and the west part of Lot 22 (save and except roadway rights
of way) of a subdivision of said George Ellis League, a map of which
subdivision is recorded in Volume 72, Page 459 of the Deed Records of
Harris County, Texas; and being more particularly described by metes
and bounds as follows:
Beginning at a one-half inch iron rod marking the point
of intersection of the east right-of-way line of Crosby-Cedar Bayou Road,
also called North Main Street (60 feet wide) with the south right-of-way
line of Farm to Market Road 1942, also called Crosby-Barbers Hill
Road (100 feet wide).
Thence, S 09° 20' 00" E 2567. 77 feet with the east right-
of-way line of Crosby-Cedar Bayou Road to a 1/2-inch iron rod set for
corner in the center line of a Harris County Flood Control easement, said
1/2-inch iron rod marking the southwest corner of the tract herein des-
cribed.
Thence, N 81 ° 04' 48" E 3501. 79 feet with the center line
of a Harris County Flood Control easement to a 1/2-inch iron rod set for
the southeast corner of the tract herein described.
Thence, N 8 O 47' 07" W 2593. 15 feet with an old fence
line to a 5/8-inch iron rod in the south right-of-way line of Farm to Market
Road 1942, said iron rod marking the northeast corner of the tract herein
described.
Thence, S 80° 40' 00" W 3526. 50 feet with the south right-
of-way line of Farm to Market Road 1942, to the northwest corner and point
of beginning of the herein described tract.
Containing 208. 17 acres of land, more or less.