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CC Resolution No. 825 1411 RESOLUTION NO. 825 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. 2 , AND EMBRACING WITHIN ITS BOUNDARIES 78 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. 2 , 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: 1412 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 1413 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. 1414 INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas , on this the /c!53 day of 19 . EMMETT O. UTTO, Mayor ATTEST--:_ EILEEN . HALL, City Clerk APPROVED: RANDALL B. STRONG, City A<tcatney 1415 BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE BAYTOWN.TEXAS 77520 PHONE (7131 422.8213 3333 EASTSIDE.SUITE 265 HOUSTON.TEXAS 77096 (713)323.2367 November 8, 1982 FIELD NOTES: SAN JACINTO PLACE - MUNICIPAL UTILITY DISTRICT NO. 2 BEING a 77.8065 acre tract of land out of the W. C. R. R. Survey, Abstract No. 899, Harris County, Texas, and being part of that certain 145.84 acre tract conveyed to John Santavy and wife by deed recorded in Volume 1327, Page 82 of the Deed Records of Harris County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" iron rod at the Southeast corner of San Jacinto Mall as recorded in Volume 303, Page 116, of the Harris County Map Records, said point also being in the West right-of-way line of Garth Road (110 feet wide); , THENCE South 79053'11" West along the South line of said San Jacinto Mall a distance of 880.52 feet to a 1/2" iron rod and the POINT OF BEGINNING; THENCE leaving said South line 'of San Jacinto Mall, South 06029149" East a distance of 244.22 feet to a 1/2" iron rod; 11 THENCE North 79°53 '11" East, a distance of 635.24 feet to a point located in the West line of the City Limits of Baytown, Texas; THENCE along said west line of the City Limits of Baytown, Texas, South 06°32'38" East parallel to and 300 feet West of, measured at a right angle to the center line of the aforementioned Garth Road a distance of 924.12 feet to a point; THENCE leaving* said West line of the City Limits of Baytown, Texas, South 79°01'18" West, passing at 1259.35 feet a 1/2" iron rod and the East line of a 150 foot Houston Lighting & Power Company Easement recorded in Volume 3071, Page 102, Harris County Deed Records, and passing at 1409.35 feet a 1/2" iron rod and the West line of said 150 foot Houston Lighting & Power Company Easement for a total distance of 2210.40 feet to a 2" iron pipe; THENCE South 79°19'39" West a distance of 716.15 feet to a 111 iron pipe; THENCE North 10°11'29" West a distance of 1207 .12 feet to a 1/2" iron rod; THENCE North 63°46'30" East a distance of 16.37 feet to a 1/2" iron rod; THENCE North 79°37 '14" East a distance of 1058 .39 feet to a 1/2" iron rod located in the Southwest corner of said San Jacinto Mall; EXHIBIT "A" 1416 Page 2 Field Notes: San Jacinto Place - M.U.D. No. 2 THENCE continuing North 79*37114" East along the South line of said San Jacinto Mall, passing at 431.74 feet a 1/2" iron rod in the afore- mentioned West line of the Houston Lighting & Power Company Easement, and passing at 581.74 feet a 1/2" iron rod in the aforementioned East line of said Houston Lighting & Power Company Easement for a total distance of 1292.10 feet to a 1/2" iron rod in the aforementioned South line of San Jacinto Mall; THENCE South 08°00'23" East a distance of 16.17 feet to the POINT OF BEGINNING and containing 77.8065 acres of land. F. A. J. Busch, Jr. , SUR. REG. 471 .......................1. A J. SUSCH; X. ..... AJB/,jm471 '-L r SUR`i� EXHIBIT "A" CONTINUED 1417 ALLOCATION AGREEMENT BETWEEN CITY OF BAYTOWN, TEXAS AND SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 2 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. 2 , 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. 825 , on January 13, , 1983; AND WHEREAS, the consent granted pursuant to Resolution No. 825 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 incurred 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: ` + 1418 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 inwriting 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. 1419 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 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 Water 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 1420 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: 4- City Clerk 1421 SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 2 ATTEST: President Secretary 1422 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: 0.' 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. 2 (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 78 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 1423 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 $1 ,700 ,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- 1424 District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED this day of , 1983 . i Geo a Gilman, Trustee STATE OF TEXAS § COUNTY OF HARRIS § This instrument was asknowledged before me on JA/uuf4rr!� !� Iq F3 by George Gilman, Trustee. ' Votary Public in d for State of Texas (SEAL) My commission expires: -3- • 1425 BUSCH. HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE - BAYTOWN.TEXAS 77520 PHONE(713)422.8213 3333 EASTSIDE,SUITE 265 - HOUSTON.TEXAS 7709E - (713)523.2367 November 8, 1982 FIELD NOTES: SAN JACINTO PLACE - MUNICIPAL UTILITY DISTRICT NO. 2 BEING a 77.8065 acre tract of land out of the W. C. R. R. Survey, Abstract No. 899, Harris County, Texas, and being part of that certain 145.84 acre tract conveyed to John Santavy and wife by deed recorded in Volume 1327, Page 82 of the Deed Records of Harris County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" iron rod at the Southeast corner of San Jacinto Mall as recorded in Volume 303, Page 116, of the Harris County Map Records, said point also being in the West right-of-way line of Garth Road (110 feet wide); THENCE South 79°53 '11" West along the South line of said San Jacinto Mall a distance of 880.52 feet to a 1/2" iron rod and the POINT OF BEGINNING; THENCE leaving said South line of San Jacinto Mall, South 06°29'49" East a distance of 244.22 feet to a 1/2" iron rod; THENCE North 79°53 '11" East, a distance of 635.24 feet to a point located in the West line of the City Limits of Baytown, Texas; THENCE along said west line of the City Limits of Baytown, Texas, South 06°32'38" East parallel to and 300 feet West of, measured at a right angle to the center line of the aforementioned Garth Road a distance of 924.12 feet to a point; THENCE leaving* said West line of the City Limits of Baytown, Texas, South 79*01'18" West, passing at 1259.35 feet a 1/2" iron rod and the East line of a 150 foot Houston Lighting & Power Company Easement recorded in Volume 3071, Page 102, Harris County Deed Records, and passing at 1409.35 feet a 1/2" iron rod and the West line of said 150 foot Houston Lighting & Power Company Easement for a total distance of 2210.40 feet to a 2" iron pipe; THENCE South 79°19'39" West a distance of 716.15 feet to a 1" iron pipe; THENCE North 10°11'29" West a distance of 1207 .12 feet to a 1/2" iron rod; THENCE North 63046'30" East a distance of 16.37 feet to a 1/2" iron rod; THENCE North 79037-'14" East a distance of 1058 .39 feet to a 1/2" iron rod located in the Southwest corner of said San Jacinto Mall; EXHIBIT "A" 1426 Page 2 Field Notes: San Jacinto Place - M.U.D. No. 2 THENCE continuing North 79*37114" East along the South line of said San Jacinto Mall, passing at 431.74 feet a 1/2" iron rod in the afore- mentioned West line of the Houston Lighting & Power Company Easement, and passing at 581.74 feet a 1/2" iron rod in the aforementioned East line of said Houston bighting & Power Company Easement for a total distance of 1292.10 feet to a 1/2" iron rod in the aforementioned South line of San Jacinto Mall; THENCE South 08°00'23" East a distance of 16.17 feet to the POINT OF BEGINNING and containing 77.8065 acres of land. �E OF if L di A. J. Busch, Jr. , SUR. REG. /471 ✓ A. I BUSCH; lit. ' ..... AJB/jm �:. �471 s L 3 T EA��';,O *U* EXHIBIT "A" CONTINUED