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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 1013 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 -2- 1014 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. -3- 1015 (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 -4- 1016 E X H I B I T "A" 1017 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; 1018 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. i