CC Resolution No. 824 1394
RESOLUTION NO. 824
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 SAN
JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 1 , AND
EMBRACING WITHIN ITS BOUNDARIES 81 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 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 San Jacinto Place Municipal Utility District No.
1 , 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,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
1395
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 percent
(2%) above the highest average interest rate reported
by the Daily Bond Buyer in its weekly "20 Bond Index"
during the thirty (30) days 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. 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
A396
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) 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 the 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.
(d) Prior to the issuance by the district of any
bonds or other obligations supported solely by the
pledge of revenues at any time during the life of such
bonds, the district shall submit, for review and
approval by the City, a water and sewer rate
feasibility study. The district shall not issue
subsequent indebtedness without the prior approval of
the City.
(e) Following creation of the district and prior
to the sale or issuance by the district of any bonds,
notes, warrants, or other obligations of the district,
the City of Baytown and the district shall enter into
the Allocation Agreement in the form attached hereto as
Exhibit °B° .
Section 2 : That this resolution shall take effect
immediately from and after its passage by the City Council of the
City of Baytown, Texas.
- 1398
INTRODUCED, READ, and PASSED by the affirmative vote of the
City Council of the City of Baytown, Texas, on this the I day
of , 19".
ETT UTTCe, Mayor
ATTEST:
EIL-,EEN- n. HALL, City Clerk
APPROVED:
RANDALL B. -STRONG-,-City orney
1399
BUSCH, HUTCHISON & ASSOCIATES. INC• CONSULTING ENGINEERS
1107 FLEETWOOD DRIVE BAYTOWN.TEXAS 77520 PHONE 1713)422-8213
3333 EASTSIDE,SUITE 265 HOUSTON.TEXAS 77098 1 (713)523.2367
November 8, 1982
FIELD NOTES: SAN JACINTO PLACE - MUNICIPAL UTILITY DISTRICT NO. I
BEING a 81.2411 acre tract of land out of the George C. Davis Survey, Abstract No. 1472, and the W.C.R.R. Survey, Abstract No. 899, Harris County, Texas, and
being a part of that certain 177 .005 acre tract described in deed dated
September 24, 1956, from Charles A. Harlan to Sid P. Wunsch and recorded in
Volume 3224, Page 572 of the Deed Records of Harris County, Texas, and being a
part of that certain 145.317 acre tract described in deed to Elza B. Herrington
and wife, recorded in Volume 1380, Page 298, of the Deed Records of Harris
County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2" iron rod at the Northwest corner of San Jacinto
Mall as recorded in Volume 303, Page 116, of the Harris County Map
Records, said point being in the South right-of-way line of Interstate
Highway 10 (300 feet wide);
THENCE South 79°46'10" West with said South line of Interstate Highway
10, a distance of 116.52 feet to a 1/2" iron rod and the POINT OF
BEGINNING;
THENCE leaving said South line of Interstate Highway 10, South 10*43141"
East, along the West line of a 150 foot Houston Lighting & Power Company
Easement recorded in Volume 3071, Page 102 of the Deed Records of Harris
County, _Texas, a distance of 1211.68 feet to a 1/2" iron rod;
THENCE leaving said West line of the Houston Lighting & Power Company
Easement, South 79°40'53" West, a distance of 431.73 feet to a 1/2" iron
rod;
THENCE South 10°43 '38" East along the West line of the aforementioned
San Jacinto Mall a distance of 1211.03 feet to a 1/2" iron rod;
THENCE South 79°37 '14" West a distance of 1058.39 feet to a 1/2" iron rod;
THENCE South 63°46'30" West a distance of 16.37 f eet to a 1/2" iron rod;
THENCE North 10018 '52" West a distance of 1216.70 feet to a 1" iron pipe;
THENCE South 81034 '23" West a distance of 359.01 feet to a 1/2" iron rod;
THENCE North 10°13 '11" West a distance of 1202.55 feet to a 1/2" iron rod
in the aforementioned South line of Interstate Highway 10;
EXHIBIT "A"
, 1400
Page 2
Field Notes: San Jacinto Place — M.U.D. No. I
THENCE North 79046'10" East along said South line of Interstate Highway 10,
a distance of 1845.21 feet to the POINT OF BEGINNING and containing
81.2411 acres of land.
um
A. J. Busch; Jr. , SUR. REG.� 471 -
A. 7. BUSCH, XR
AJB/jm v . .........
471
EXHIBIT "A" CO`T'T
.fflik
,, 401
ALLOCATION AGREEMENT
BETWEEN
CITY OF BAYTOWN, TEXAS
AND
SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS §
§
§
COUNTY OF HARRIS §
This Agreement made and entered into on the date hereinafter
set forth by and between the CITY OF BAYTOWN, TEXAS, a municipal
corporation and home-rule city which is principally situated and
has its City Hall in Harris County, Texas (the "City") , and San
Jacinto Place Municipal Utility District No. 1 Harris County,
Texas, a body politic and corporate and governmental agency of
the State of Texas, organized under the provisions of Article
XVI , Section 59 of the Texas Constitution and Chapter 54 , Texas
Water Code (the "District" ) .
RECITALS
WHEREAS, the City consented to creation of the District
pursuant to Resolution No. 824 , on January 13, , 1983;
AND WHEREAS, the consent granted pursuant to Resolution No.
824 was conditioned upon, among other provisions, the execution
by the City and the District of this Agreement;
AND WHEREAS, the City and the District desire to enter into
this Agreement to provide a method by which the City may annex
the territory within the District and the District shall continue
to exist to repay the obligations of the District in to
provide necessary water, sewer and drainage facilities for lands
within the district;
NOW THEREFORE, for and in consideration of the premises and
the mutual agreements herein set forth, the City and the District
do hereby mutually agree as follows:
1402
ARTICLE I
CITY ANNEXATION
The City and the District understand and agree that the City
shall have the right to annex all of the territory within the
District and dissolve the District until such time as the
District issues obligations to finance the water, sewer and
drainage facilities.
The City and the District hereby agree that the City may
annex all of the territory within the District at the earlier of
such time as at least 90% of the facilities for which District
bonds have been authorized are installed, or five years after the
date of issuance of any obligations to finance the facilities.
The District' s engineer shall certify to the City in writing that
completion of 90% of the facilities has occurred. The City and
the District agree that the District shall continue to exist
following the annexation of all territory within the District by
the City for the purposes of repaying the obligations of the
District and maintaining and operating the water, sewer and
drainage facilities. The District shall own the system composed
of the water, sewer and drainage facilities installed by it. The
City shall not be required to assume the outstanding obligations
of the District upon annexation. Upon the repayment of all of
its obligations issued to finance the facilities, the District
and the City shall take such steps as are necessary to dissolve
the District.
ARTICLE II
DISTRICT REVENUES
Following annexation of all the territory within the
District by the City, the District shall no longer levy annual ad
valorem taxes to repay its outstanding indebtedness, and shall
thereafter repay its obligations only from revenues derived from
the water, sewer and drainage facilities. The District shall
establish rates sufficient to repay its obligations , and
sufficient to maintain and operate the District.
1403
ARTICLE III
GOVERNMENTAL SERVICES
Following annexation by the City of all territory within the
District, the City shall have all governmental powers within such
territory; provided, however, the District shall have those
Oft powers necessary to maintain its existence, maintain and operate
the water, sewer and drainage facilities and to repay its
obligations.
The District intends to and shall enter into a contract with
Baytown Area I-later Authority for the purchase of treated water.
Pursuant to this contract, the District shall be required to
obtain the approval of the City Council of the City of Baytown
and Baytown Area Water Authority prior to providing water service
to lands outside the boundaries of the District. The District
agrees that no sewer service shall be provided to lands outside
the boundaries of the District without the prior approval of the
City Council of the City of Baytown.
The District agrees that it shall not construct sewage
treatment plant facilities without the prior approval of the City
Council of the City of Baytown.
ARTICLE IV
MISCELLANEOUS
4 . 1 . Assignability. This Agreement shall bind and
benefit the respective parties and their legal successors and
shall not be assignable, in whole or in part, by either party
without first obtaining written consent of the other party.
4 .2 . Regulatory Agencies. This Agreement shall be
subject to all present and future valid laws, orders, rules and
regulations of the United States of America, the State of Texas,
and of any regulatory body other than the parties hereto.
4 .3 . No Additional Waiver Implied. The failure of any
party hereto to insist, in any one or more instances upon
performance of any of the terms, covenants or conditions of this
Agreement, shall not be construed as a waiver or relinquishment
1404
of the future performance of any such term, covenant or condition
by any other party hereto, but the obligation of such other party
with respect to such future performance shall continue in full
force and effect.
4 .4 . Modification. Except as otherwise provided
herein, this Agreement shall be subject to change or modification
only with the written consent of the parties hereto.
4 .5 . Parties in Interest. This Agreement shall be for
the sole and exclusive benefit of the parties hereto and shall
not be construed to confer any rights upon any third party. The
City shall never be subject to any liability for damages to any
customer of the District for any failure of the District to
perform its obligations under this Agreement.
4 .6 . Severability. The provisions of this Agreement
are severable, and if any provision or part of this Agreement or
the application thereof to any person or circumstance shall ever
be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Agreement
and the application of such provision or part of this Agreement
to other persons or circumstances shall not be affected thereby.
4 .7 . Merger. This Agreement embodies the entire
agreement between the parties and there are no prior effective
representations, warranties or agreements between the parties.
4 . 8 . Term. This Agreement shall be in force and effect
from the date of execution hereof for a term of forty (40) years.
Dated this day of , 1985.
CITY OF BAYTOWN
ATTEST:
�� CLle�
gvor
City Clerk
1405
SAN JACINTO PLACE MUNICIPAL
UTILITY DISTRICT NO. 1
ATTEST:
President
Secretary
1406
PETITION FOR CONSENT TO CREATION OF
A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
The undersigned, (herein the "Petitioners" ) the owners of a
majority in value of lands described by metes and bounds in
Exhibit "A" as indicated by the tax rolls of Harris County,
Texas, and acting pursuant to the provisions of Chapter 54 , Texas
Water Code, as amended, respectfully petition this Honorable
Council of the City of Baytown, Texas, for its consent to the
creation of a municipal utility district and would respectfully
show the following:
I.
The name of the proposed District shall be San Jacinto Place
Municipal Utility District No. 1 (herein the "District") .
II.
The District shall be created and organized and shall
operate under the terms and provisions of Article XVI, Section 59
of the Constitution of Texas and Chapter 54 , Title 4 , Texas Water
Code.
III.
The District shall contain an area of approximately 81 acres
of land, more of less, situated wholly within Harris County,
Texas. No part of the area within the District is within the
limits of any incorporated village, town or city, and no part of
the District is within the extraterritorial jurisdiction (as such
term is defined in Article 970a Vernon' s Texas Civil Statutes) of
any city, town, or village except the City of Baytown, Texas.
All of the territory proposed to be included may properly be
included in the District. The area proposed to be included in
the District consists of one tract which is described by metes
• 1407
and bounds in Exhibit "A" , which is attached hereto and
incorporated herein for all purposes.
IV.
The undersigned are owners of title to land within the
District and own a majority in value of the lands described in
Exhibit "A" as indicated by the tax rolls of Harris County,
Texas.
V.
The general nature of the work to be done by the District at
the present time is the construction, acquisition, maintenance
and operation of a waterworks and sanitary sewer system for
domestic and commercial purposes, and the construction,
acquisition, maintenance and operation of a drainage system to
gather, conduct, divert, and control local storm water or other
local harmful excesses of water in the District.
VI.
There is a necessity for the work described above. The area
proposed to be within the District is near the City of Baytown,
Texas, and will be developed for residential and commercial
purposes. There is not now available within the area an adequate
waterworks and sanitary sewer system nor an adequate drainage
system, and the health and welfare of the present and future
inhabitants of the area and of the areas adjacent thereto require
the construction, acquisition, maintenance and operation of an
adequate waterworks and sanitary sewer and drainage system.
VII.
A preliminary investigation has been instituted to determine
the cost of the project and it is now estimated by the
Petitioners , from such information as they have at this time,
that the ultimate cost of the development contemplated will be
approximately $2 ,900 ,000 .00 .
WHEREFORE, the Petitioners respectfully pray that this
petition be heard and that your Honorable Body duly pass and
approve an ordinance granting the consent to the creation of the
-2-
1408
District and authorizing the inclusion of the land described
herein within the District.
RESPECTFULLY SUBMITTED this rgllF day of ,
1983 .
Georg ilman, Trustee
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on .JA L-UAc-:j 1
l�R13 , by George Gilman, as Trustee. —�
_ otary Public in and for
State of Texas
(SEAL)
commission expires:
`P
-3-
1409
f
BUSCH. HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS
1107 FLEETWOOD DRIVE BAYTOWN,TEXAS 77520 PHONE (713)422.8213
3333 EASTSIDE,SUITE 265 • HOUSTON.TEXAS 77088 47131 523.2367
November 8, 1982
FIELD NOTES: SAN JACINTO PLACE - MUNICIPAL UTILITY DISTRICT NO. I
BEING a 81.2411 acre tract of land out of the George C. Davis Survey, Abstract
No. 1472, and the W.C.R.R. Survey, Abstract No. 899, Harris County, Texas, and
(Mp" being a part of that certain 177 .005 acre tract described in deed dated
September 24, 1956, from Charles A. Harlan to Sid P. Wunsch and recorded in
Volume 3224, Page 572 of the Deed Records of Harris County, Texas, and being a
part of that certain 145.317 acre tract described in deed to Elza B. Herrington !
and wife, recorded in Volume 1380, Page 298, of the Deed Records of Harris
County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2" iron rod at the Northwest corner of San Jacinto
Mall as recorded in Volume 303, Page 116, of the Harris County Map
Records, said point being in the South right-of-way line of Interstate
Highway 10 (300 feet wide);
THENCE South 79°46'10" West with said South line of Interstate Highway
10, a distance of 116.52 feet to a 1/2" iron rod and the POINT OF
BEGINNING;
/ THENCE leaving said South line of Interstate Highway 10, South 10*43,41"
East, along the West line of a 150 foot Houston Lighting & Power Company
Easement recorded in Volume 3071, Page 102 of the Deed Records of Harris
County, Texas, a distance of 1211.68 feet to a 1/2" iron rod;
THENCE leaving said West line of the Houston Lighting & Power Company
Easement, South 79°40'53" West, a distance of 431.73 feet to a 1/2" iron
rod;
THENCE South 10°43 '38" East along the West line of the aforementioned
San Jacinto Mall a distance of 1211.03 feet to a 1/2" iron rod;
THENCE South 74.037 '14" West a distance of 1058.39 feet to a 1/2" iron rod;
THENCE South 63°46'30" West a distance of 16.37 f eet to a 1/2" iron rod;
THENCE North 10018 '52" West a distance of 1216.70 feet to a 1" iron pipe;
THENCE South 81'34'23" West a distance of 359.01 feet to a 1/2" iron rod;
THENCE North 10°13 '11" West a distance of 1202.55 feet to a 1/2" iron rod
in the aforementioned South line of Interstate Highway 10;
EXHIBIT "A"
1410
Page 2
Field Notes: San Jacinto Place - M.U.D. No. I
THENCE North 79°46'10" East along said South line of Interstate Highway 10,
a distance of 1845.21 feet to the POINT OF BEGINNING and containing
81.2411 acres of land.
A. J.A. J. Busch- Jr. UR. REG. 47SUR. REG. 47 '
• _ .... ..t..
/ A. I BUSCH,Jk
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1
EXHIBIT "A" COT?'T