CC Resolution No. 639 1012
RESOLUTION NO. 639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS , GRANTING CONSENT AS PROVIDED BY TEXAS REVISED
CIVIL STATUTES ARTICLE 970a, TO THE FORMATION OF A
MUNICIPAL UTILITY DISTRICT UNDER THE AUTHORITY OF
SECTION 54 . 016, TEXAS WATER CODE, TO BE KNOWN AS
LAKE MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY, AND
EMBRACING WITHIN ITS BOUNDARIES 238. 264 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 Texas Revised Civil
Statutes article 970a, 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 juris-
diction 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 S9 Lake Municipal Utility District of
Harris County, which area is located within the extraterri-
torial jurisdiction granted to the City of Baytown , Texas ,
under the provisions of article 970a; 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, -4 Lake Municipal Utility District of
Harris County is agreeable to pay a proportionate share
along with adjacent or nearby utility districts of the
construction costs of the sewer plant , sewer lines , and
water lines necessary to serve said District ; and
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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 herinafter described area
which is situated within the extraterritorial jurisdiction
of the City of Baytown as granted it under the provisions of
Texas Revised Civil Statutes article 970a, 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 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 therefore, 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 therefore, 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
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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 provision that the pledge of the
revenues from the operation of the district ' s water
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 represen-
tative, 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 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 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(2) of TEX. REV. CIV.STAT.
art . 4477 . The district will agree to make periodic
analyses of its discharge pursuant to the provisions of
the 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 inspections
thereof.
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(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.
Section 2 : That this resolution shall take effect
immediately from and after its passage by the City Council
of the City of Baytown, Texas.
INTRODUCED, READ, AND PASSED by the affirmative vote of
the City Council of the City of Baytown , Texas, on this the
24th day of Aueust . 1978 .
mme t utto , Mayor
ATTEST:
J
ileen P. Hall , City Clerk
APPROVED:
S; � w
Scott Bounds, City Attorney
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E X H I B I T "A"
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EXHIBIT A
Description of Land to be Included in
Lake Municipal Utility District
238. 2644 acres of land, more or less , in the
Talcott Patching Survey, Harris County, Texas, more partic-
ularly described in two tracts as follows :
Tract No. 1
227 . 5155 acres , more or less , and being a portion
of two tracts of land conveyed to Buck H. Turner and Ed
Vaught by deed recorded in Volume 2109 , at Page 507 of the
Harris County Deed Records and being a part of that certain
tract of land conveyed to Buck H. Turner and Ed Vaught , by
deed recorded in Volume 2246 , at Page 543 , of the Deed
Records of Harris County, Texas , and also being that portion
of Jones Road right-of-way canceled February 17 , 1969 as
evidenced in Volume 69 , at Pages 236 through 239 , minutes of
the Commissioners Court, Harris County, Texas , being more
particularly described by metes and bounds as follows :
BEGINNING at the intersection of the South right-
of-way line of Battlebell Road and the East right-
of way line of John Martin Road;
THENCE, South 00' 14 ' 21" West with the East right-
of-way line of John Martin Road a distance of
1571 . 79 feet to an angle point in the John Martin
Road;
THENCE, continuing with the East right-of-way
line of John Martin Road South 12° 34 ' 34" East a
distance of 1576 . 12 feet to a point;
THENCE, North 80' 42 ' 31" East with the South line
of this tract a distance of 1669. 17 feet to a point
for an intra corner of this tract;
THENCE, South 05' 43 ' 12" East with the West line
of this tract a distance of 558 . 23 feet to a point
situated in the North right-of-way line of Inter-
state Highway 10;
THENCE, North 801 42 ' 55" East with the North
. right-of-way line of Interstate Highway 10 and the
South line of this tract a distance of 1482 . 63
feet to a point situated in the West line of a
Houston Liahti-ng and Power Company right-of-
way;
THENCE, North 09' 47 ' 35" West with the West
right-of-way line of the Houston Lighting and
Power Company tract and the East line of this
tract a distance of 3270. 05 feet to a point;
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THENCE, South 890 18 ' 30" West with the North line
of this tract a distance of 1697. 10 feet to a
point, said point being situated in the center of
of the Eastern terminus of Battlebell Road;
THENCE, South 000 41 ' 30" East with the Eastern
terminus of Battlebell Road a distance of 30 . 00
feet to a point;
THENCE, South 89' 18 ' 30" West with the South
right-of-way line of Battlebell Road and the North
line of this tract a distance of 1250 . 00 feet to
the POINT OF BEGINNING.
Tract No. 2
10. 7489 acres , more or less , and being a portion of
that certain 20 acre tract of land conveyed to Buck H. Turner
and Ed Vaught by deed recorded in Volume 2143 , at Page 566
of the Deed Records of Harris County , Texas , and being more
particularly described by metes and bounds as follows :
BEGINNING at the Southwest corner of the abovemen-
tioned 20 acre tract, said Southwest corner being
located at the point of intersection of the East
right-of-way line of John Martin Road with an
Easterly extension of the North right-of-way line
of Battlebell Road;
THENCE, North 89' 18 ' 30" East with an Easterly
extension of the North line of Battlebell Road, a
distance of 668. 13 feet to the Southeast corner of
the abovementioned 20 acre tract;
THENCE, North 000 26 ' 17" East along the East line
of the above mentioned 20 acre tract, a distance
of 694 . 81 feet;
THENCE, North 890 51 ' 48" West, over and across
said 20 acre tract, a distance of 670. 46 feet to
the West line of the abovementioned 20 acre tract,
said point being located in the East right-of-way
line of John Martin Road;
THENCE, South 000 14 ' 21" West, a distance of
704 . 46 feet to the POINT OF BEGINNING.
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