CC Resolution No. 790 1 1341
RESOLUTION NO. 790
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 HARRIS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 213, AND EMBRACING
WITHIN ITS BOUNDARIES 697. 0651 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 con-
sent 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. 213, which area is located within the extraterritorial
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, the parties desiring to create such district
are willing to accept such consent based upon such conditions
and terms as hereinafter stated; NOW THEREFORE,
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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 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 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
highest average interest rate reported by the Daily
Bond Buyer in its weekly 1120 Bond Index" during 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
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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 representa-
tive, 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 install-
ation 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 (a) of TEX.REV.CIV.STAT.
art. 4477-1. 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 ap-
proval 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 Baytowm.
Section 2 : That this resolution shall take effect
immediately from and after its passage by the City Council
of the City of Baytown, Texas.
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IVMNn 1344
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown , Texas, on this the
8th day of October 1981 .
( - ME . HUTTO, Mayor
ATTEST:
-P
_'� E �
_EILEEN _P.�_-HALL, City Clerk
APPROVED:
RANDALL B. 811MM, City A orney
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