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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- r^ 'q� r 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.