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CC Resolution No. 734 1226 RESOLUTION NO. 734 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 ANNEXATION BY THE THOMPSON ROAD UTILITY DISTRICT OF 258. 28 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 , certain parties desire to have the Thompson Road Utility District annex the area described in Exhibit "A" attached hereto , which area is located within the extra- territorial 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; 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 annexation by the Thompson Road Utility District of the hereinafter 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 waterwork 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 , 1227 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 (270) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceeding 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 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 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 . -2- 1228 (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 . (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 from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown on this the May day of 22nd 1980. dP Oo�f TT O. HUTTO, Mayor ATTEST: C/ i� EIL EN P. HALL, City Clerk APPROVED: RANDALL B. STRONG, C ' y Attorney -3- 1229 E X H I B I T "A" a 1230 c 1 A parcel of land containing 258 . 28 acres , more or less , located in the William Hilbus Survey, Abstract No. 336 , Harris County, Texas , being parts of Blocks 2 , 3 , 20, and 23 and all of Blocks 21 and 22, Unit D, of the. Elena Fruit and Cotton Farms Subdivision as recorded in Volume 7 , Page 49 of the Harris County Map Records , said 258. 28 acre parcel being more particularly described as follows : BEGINNING at the Southwest corner of said Block 22, lying in the East right-of-way line of Thompson Road, being the Southwest corner; THENCE North 1797 . 00 feet along the said East line oTTiompson Road to the Northwest corner of said Block 21, being the most westerly Northwest corner; THENCE North 890-27 ' -39" East 2462 .20 feet along t e North line of said Block 21 passing its North- east corner at 2380. 50 feet and continuing along the North line of said Block 20 to a northerly interior corner; THENCE North 000-40' -00" West 1330.81 feet across sai&Block 2 and along the West line of a 9 . 1942 acre tract, conveyed to John M. Shearer as recorded under County Clerk' s file D716996 and D721474 of the Harris County Deed Records , to the most northerly Northwest corner, lying in the South right-of-way line of Interstate Highway 10 (IH 10) ; THENCE North 860=56 ' -50" East 195 . 16 feet along the said South line of IH 10 to a concrete monument; THENCE North 880-32' -30" East 524. 63 feet along the sai South line of IH 10; THENCE South 760-12' -00" East 190. 00 feet along the sai South line of IH 10; THENCE North 880-32' -30" East 1046 .15 feet along the said line of IH 10 to the Northeast corner; THENCE South 3225 . 03 feet across said Blocks 3, 20, and 23 and along a line 300 feet West and parallel to the West right-of-way line of the Missouri-Pacific Railroad to the Southeast corner; THENCE North 890-59' -00" West 2015 .82 feet across salt Block 23 and along the North line of the Mack A. Holland tract to a southerly interior corner, lying in the West line of said Block 23 and the East line of said Block 22; THENCE South 395 . 81 feet along the said West line o Bock 23 to a southerly corner; THENCE North 780-57 ' -46" West 2425 . 32 feet along the South line of said Block 22 to the POINT OF BEGINNING, containing 258 . 28 acres of lan more oror—Ts s.