CC Resolution No. 2256 RESOLUTION NO. 2256
A RESOLUTION or,' 't-HE CITY COUNCIL OF" THE' CITY OF BAYTOWN,
FEXAS, GRANTING CONSI."INT TO THE CREATION 01-�' A POLITICAL
SUBDIVISION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NCB. 213-13, ONE PURPOSE OF WHICH WILL BE 1-0
SUPPLY FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO
FURNISH SANITARY SEWER SERVICES, ROADWAYS, OR DRAINAGE,
WITHIN ITS BOUNDARIES, AND CONSISTING OF APPROXIMATELY
125,167 ACRES OF LAND SITUATED IN THE TALC OTT PATCHING
SURVEY, ABSTRACT NUMBER 620, HARRIS COUNTY, TEXAS; AND
PROVIDING FOR]'HE EFFECTIVE DATE THEREOF.
WHERE AS, political Subdivisions, one purpose off which is to supply fresh water for
domestic or commercial use or to furnish sanitary sewer services, roadways, or drainage,, may
not be created in the extrat(.,,i-t,itorial .jLiu'isd�ictioii of as municipality unless the governing body of
the Municipality gives its written consent iii accordance with Chapter 42 of` the Texas I..,ocal
Government Code and the Chapter 54 of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit ""A" and incorporated herein for all intents
and purposes, for its written consent to the creation of Harris County Municipal Utility District
No, 213-B hereinafter referred to as the "District," containing 125.167 acres of land, more or
less, within the extraterritorial jurisdiction of the City and located in Harris County, Texas, and
more particularly described in Section I hereof.; and
WHEREAS, the landowners and developers who have reClUeSted the City Council's consent
have assured the City that they are willing to accept such consent based upon the terms and
conditions as hereinafter stated, and that they, in consideration of the City granting its consent for
the creation of the District have agreed, and by the acceptance of the benefits of this resolution, (to
hereby agree to comply with the terms and conditions contained herein;NOWTHEREFORE
I
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFBAYTOWN,TEXAS:
Section 1: 'That subject to the terms and conditions specified in Sections 2 and 3
hereof, the City of Baytown, Texas, hereby consents to the creation of Harris County Municipal
Utility District No. 213-13, as described in Exhibit "A" within the extraterritorial jurisdiction of
the City and located in Harris County, Texas, pLirsuaM to the provisions of Section 42.042 of the
Texas Local Government Code and Section 54,016 of the 'Texas Water Code. The land embraced
within the limits of I Farris County Municipal Utility District No. 213-B is more particularly
described in Exhibit "A," of the petition.
Section 2: That the City's consent to the inclusion of the Land in the District is
expressly contingent upon the following:
a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any
bonds, of the District, the petitioners will have a duplicate original of this
agreement approved, ratified and executed by the governing body and officers of'
the District and will deliver or cause to be delivered such executed agreement to
the City Attorney of the City.
b. Bonds, to be Issued for Specific Purpose Only. Bonds may be issued by the
District only for the purposes of the purchase, construction, acquisition, repair,
contracting for, extension and improvement of or otherwise acquiring land,
easements, works, improvements, facilities, plants, equipment and appliances
necessary to:
• provide as water supply For municipal uses, domestic uses and con-u-nercial
purposes;
• collect, transport, process, dispose of and control all domestic or
COMITILInal wastes whether in fluid, solid or composite state;
• Construct,, acquire, improve, operate, or maintain roads or improvements
thereto, including storm drainage, in aid of those roads;
• gather, conduct, divert and control local storm water or other local
harmful excesses of water in the District and the payment of organization
expenses, operation expenses during construction, interest during
construction, and the cost of issuing bonds; or
• refund bonds issued for the foregoing purposes.
C. Terms of Bonds. The District's bonds shall expressly provide that the District
shall reserve the right to redeem said bonds on any interest payment date
subsequent to the 8"' anniversary of the date of issuance without premium. None
of the bonds, other than refunding bonds and bonds sold to a Federal or state
agency, shall be sold for less than 95% of par; provided, however, 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, shall not exceed two
percent above the highest average interest rate reported by tile Daily Bond Buy�gr
in its weekly "20 Bond Index" during the one-month period next preceding tyre
date notice of the sale of such bonds is given. Bids for the bonds shal I be received
not more than 45 days after notice of sale of the bonds is given. The District's
resolution authorizing the issuance of the District's bonds must contain a
provision that the pledge of the revenues Erom the operation of the District's water
and sewer and/or drainage system to the payment of the District's bonds will
terminate when and if the City annexes the territory of the District, takes over the
assets of the District and aSSLIIueS all of the obligations of the District.
d. Approval for Annexation by District. No land will be added or annexed to (lie
District until the City has given its written consent by resolution of the City
Council to such addition or annexation.
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e. Approve l of Plans and Specifications, The District, its directors, officers or
developers and landowners shall submit to the City Engineer of the City, before
the commencement of any construction within the territory of the District, all
plans and specifications for the construction of water, sanitary seNNCrtind drainage
facilities to serve such District and obtain written approval of such plans and
specifications from the City Engineer. All water wells, water meters, fire
hydrants, flush valves, valves, pipes and appurtenances installed or used within
the territory of the District shall conform exactly to the specifications of the City.
All water service lines and sewer service lines, lift stations, sewer treatment
facilities, and appurtenances thereto, installed or used within the territory of the
District shall comply with the City's standard plans and specifications. Prior to
the construction of such facilities within the District's territory, the District or its
engineer, shall give written notice by registered or certified mail to the City
Engineer, stating the date that such construction will commence. The
construction of the District's water, sanitary sewer and drainage facilities shall be
in accordance with the approved plans and specifications and with applicable
standards and specifications of the City. During the progress of the construction
and installation of such facilities, the City Engineer of the City, or his duly
authorized representative, shall be entitled to make periodic oil tire ground
inspections at any thric. As further definition of the terms used in this subsection,
specific mention of the fact is made that "plans and specifications," "standard
plans and specifications," "approved plans and specifications," or "applicable
standards and specifications" are defined to rnean and to require City approval
only of the method of construction and types of inaterials to be employed therein
by the District and are not meant to limit the discretion of tile board of directors of
the District to determine what facilities may be constructed, paid for and
maintained by the District.
f. Employment of Operator. The District must employ an operator holding a valid
certificate of competency issued under the direction of the Texas Commission oil
Environmental Quality as required in Section 26,0301 of the Texas Water Code.
The District shall allow representatives of the City to supervise the continued
operations of (lie sewage treatment facility by making periodic inspections
thereof.
g. Subdivisions to be Pi-operty Platted. The owner or developer of the land
included within the limits of the District shall, prior to the sale of any lot or parcel
of land, obtain the approval of the Growth Management and Development
Advisory Commission of the City of plat which will be duly recorded in the
Mal) and Plat records of Harris County, Texas, and otherwise comply with the
rules and regulations of the City. The District will riot provide water or sewer
service to any lot unless the plat covering such lot has been approved by the
Growth Management and Development Advisory Commission.
h. Notice Required before Bond Issuance. Bel-ore the issuance of any series of,
District bonds,, the District shall tender to the City Manager written notice oi'tile
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contemplated issuance at least thirty clays prior thereto, which notice shall include
the amount of the bonds to be authorized, the timing of'such issuance, along with
any other information requested by the City Manager,
i. Water and Sewer Rates. 'file District will use its best efforts to strUCtUre its
rates for water and sewer service in the sarne inanner as the City even though
level of rates may vary.
Treated Water an(] Sewer Services, The District intends to and shall enter into
a contract with the Baytown Area Water Authority for the purchase of treated
water services. Pursuant to this AV) eement, the District will agree that no water
or sewer service shall be Provided to land outside the boundaries of the District
without the prior written approval of the City Council of'the City. Additionally,
the District shall not constrUCt sewage treatment plant facilities without the prior
approval of the City Council of the City. Nothing contained herein shall be
construed as to require the City to provide sailitary sewer services to the District.
Section 3: In consideration of the City giving its consent for the creation of the
District, the: petitioners agree that the following additional oonclitions, and terms will apply to the
land within the District after its creation:
a. General Plan and Land Use. The land within the District will be developed in
accordance with the General Plan to be approved by the City.
b. Annexation At Any Time. At any time, the City inay annex that portion of the
District within its Extraterritorial Jurisdiction.
Section 4: This resolution shall take effect immediately frorn and after its passage by
the City Council of the City of Baytown.
Section 5: 1 1 1 his resolution shall take effect immediately :from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this 8"' day of August, 2013,
z 4z-
ROBERT IJOS , INS, Mayor Pro Term
1
K0%1 C lerk,I
h
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APPIZOVED AS TO FORM:
—I- NACIO RAMIREZ, SR., Ci ttorlleyA
RAKaren\ iIcsAC.ity°('x)uricil\Resoltitusair.s 013'ALIgIixt9\ConscntRcs(,Awion4lI °A1 D21 3-13.doc
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exhibit "A'
PETITION FOR CONSENT T4 CREATION OF
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-B
THE STATE OF TEXAS §
COUNTY OF HARRJS §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN:
The undersigned, appearing through their duly authorized agent(s) and representative(s),
acting pursuant to the provisions of Chapters 49 and 54 of the Texas Water Cade, and Section
42.042 of the Texas Local Government Code, respectfully petition this Honorable Council for its
consent to the creation of a municipal utility district, and for cause would respectfully shove the
fallowing:
I.
The name of the District shall be "Harris County Municipal Utility District No. 213-B"
("District").
II.
The District shall be organized under the terms and provisions of Article III, Section 52
and Article XVI, Section 59 of the Constitution of Texas, Chapters 49 and 54 of the Texas Water
Code, and V.T.C.A. Spec. Dist. Code Section 8478,001 et.. seq.
III.
The proposed District will contain an area of approximately 125.1 G7 acres of band,
situated within Harris County, Texas, described by metes and bounds in Exhibit "A", attached
hereto and incorporated herein. The District is wholly within the extraterritorial jurisdiction of
the City of Baytown, Harris County, but it is anticipated the land in the District will be annexed
into the corporate limits of the City in the near future.
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465 -Wl-?811,v. 1
rV.
The undersigned constitute a majority in value of the holders of title to the lands in the
proposed District, as shown by the county tax rolls and conveyances of record since the date of
preparation of said county tax rolls.
V.
The proposed District shall be organized for the following purposes:
(1) provide a water supply for the District for municipal uses, domestic uses and
commercial purposes; -
(2) collect, transport, process, dispose of and control all domestic, industrial, or
communal wastes whether in fluid, solid, or composite state;
(3) gather, conduct, divert and control local storm water or other local harmful
excesses of water in the District;
(4) design, acquire, construct, finance, improve, operate, and maintain macadamized,
graveled, or paved roads, or improvements in aid of those roads; and
(5) such other construction, installation, maintenance, purchase, and operation of
such additional facilities, systems, plants and enterprises as shall be consistent
with the purposes for which the District is organized.
The aforementioned purposes may be accomplished by any mechanical and chemical
means and processes incident, necessary or helpful to such purposes, to the extent authorized by
law and the creation of the District, to the end that public health and welfare may be conserved
and prompted and the purity and sanitary condition of the State's waters protected, effected and
restored. V1.
The general nature of the work to be done by and within the District at tile present time
is. (i) the construction of a water distribution system for domestic and commercial purposes; (ii)
the construction of a sanitary sewer system; (iii) the control, abatement and amendment of the
harmful excess of waters and the reclamation and drainage of overflowed lands within the
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4852-5481-7811,v. 1
District; (iv) the construction of macadamized, graveled, or paved roads, or improvements in aid
of those roads; and (v) such other construction, installation, maintenance, purchase, and
operation of such additional facilities, systems, plants and enterprises, all to the extent authorized
by law from time to time.
vil.
There is a necessity for the improvements above described because the District is located
within an area which will experience a substantial and sustained residential and commercial
growth within the foreseeable future, is urban in nature and is not supplied with adequate water,
sanitary sewer, drainage facilities and services, and roads. The health and welfare of the future
inhabitants of the District require the provision of adequate water, storm and sanitary sewer
facilities and services, and roads,
The provision of such water, storm and sanitary sewer facilities and services, and roads
will conserve and preserve the natural resources of this State by promoting and protecting the
purity and sanitary condition of the State's waters, and will promote and protect the public health
and welfare of the community; therefore, a public necessity exists for the organization of said
District.
The property cannot be developed without the creation of the District to finance the
water, sanitary sewer, drainage facilities and services, and roads; therefore a public necessity
exists.
Vill.
The proposed improvements are practicable and feasible, in that the terrain of the
territory to be included in the proposed District is of such, a nature that water, storm and sanitary
sewer facilities and services, and roads can be constructed or provided at a reasonable cost; and
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4852-5481-7811,v. 1
said territory will be rapidly developed primarily for residential purposes with some commercial
and retail use.
X
A preliminary investigation has been instituted to determine the cost of the proposed
project, and it is now estimated by those filing this petition, from such information as they have
at this time, that the ultimate cost of the project contemplated will be approximately
$10,000,000.00.
X
The undersigned request consent to the creation of the District encompassing the land
described in the attached Exhibit"A".
X1.
WliEREFORE, the undersigned respectfully pray that this Petition be granted in all
respects and that the City Council of the City of Baytown, Texas, adopt a resolution giving its
written consent to the creation of the-District.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANXI
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4852-5481-7811,v. 1
RESPECTFULLY SUB Eli to be effective the _�L day of
2013.
SOWELL WALLfSVILLE PARTNERS,L.P.,
a Texas limited partnership
By: Sowell Wallisville GP,LLC,
a Texas limited liability company,
its General Partner
By:.
Aales— rnelius,: ember
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4852-5481-7811,v. 1
EXHIRIT "A"
Territory Included in the District
Tract I and Tract 2 collectively containing 125.167 acres (5,452,276 square feet) of land situated
in the Talcott Patching Survey, Abstract Number 620, Harris County,Texas, and being all of the
111.307 acre tract and all of the 13.860 acre tract described in the deed to Compass Bank,
recorded under Harris County Clerk's File Number 20110005202; said 125.167 acres being more
particularly described in two tracts by metes and bounds as follows (all bearings are based on the
record bearings of the called 717.279 acres as described in the deed to Garth-Wallisville,
Limited, recorded under Harris County Clerk's File Number D892853):
Tract 1:
COMMENCING at a 1-inch iron pipe found in the west right-of-way line of Garth Road
(width varies), recorded under Harris County Clerk's File Numbers D838008, W485307 and
X600931 and in Volume 858, Page 333 of the Harris County Deed Records, marking the
southeast comer of the called 89.1 acres conveyed to George Harnman in Volume 1054, Page
259 of the Harris County Deed Records, common with the northeast corner of said called
717.279 acre tract and the northeast corner of the called 25,000 square feet tract conveyed to
Charles tipple, Trustee recorded under Harris County Clerk's File Number H510278;
THENCE, South 07'26'25" East, along said west right-of-way line and said Garth Road,
at a distance of 100.00 feet, pass the southeast comer of said called 25,000 square feet tract, at a
distance,of 2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set
marking the northeast comer of the called 36.93 acre tract, conveyed to Costal Industrial Water
Authority recorded under Harris County Clerk's File Number D838008, at a distance of 2,364.83
feet, pass a 5/8-inch iron rod found marking the southeast comer of said called 36.93 acre tract,
at a distance of 4,640.76 feet pass the northeast comer of the called 5.0000 acre tract, conveyed
to Goose Creek Independent School District, recorded under Harris County Clerk's File Number
G873953, at a distance of 4,853.40 feet, pass the southeast comer of said called 5.0000 acre tract
common with the northeast comer of a called 15.0000 acre tract conveyed to Goose Creek
Independent School District, recorded under Harris County Clerk's File Number G812757, at a
distance of 5,563.16 feet pass the southeast comer of said called 15.0000 acre tract, in all a total
distance of 5,685.71 feet to an angle comer in said west right-of-way line;
THENCE, North 851,44'25" West, continuing said west right-of-way line, a distance of
10.27 feet, to an angle comer in said west right-of-way line;
THENCE, South 0712625" East, continuing along said west right-of-way line, a distance
of 25.02 feet to 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking the
northeast comer and the POINT OF BEGINNING of tile herein described tract;
THENCE, South 072625" East, continuing along said west right-of-way line,a distance
of 1,870.53 feet, to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying," set marking
the north end of the northwest right-of-way line cutback line at the intersection of said Garth
4852-5481-7811,V, 1
Road and Wallisville Road (width varies), as, described in the deeds recorded under Harris
County Clerk's File Numbers W485307, X715895 and X600931 and in Volume 311, Page 3 of
the Harris County Map Records;
THENCE, South 36'32'16" West, along said northwest right-of-way cutback line, a
distance of 21.59 feet, to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set
marking the south end of said right-of-way cutback line;
THENCE, South 80'30'56" West, along the north right-of-way line of said Wallisville
Road, a distance of 772.43 feet to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying"
set marking an angle corner of the herein described tract;
THENCE, South 07'18'28"' East, continuing along the said north right-of-way line, a
distance of 18.57 feet to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set
marking an angle comer of the herein described tract;
THENCE, South 80*22'16" West, continuing along said north right-of-way line, a
distance of 844.01 feet, to an "X" in concrete found marking the southeast comer of a called
4.727 acre tract conveyed to Houston Lighting & Power Company in Volume 3�0 18, Page 26 of
the Harris County Deed Records, common with an angle comer of the herein described tract;
THENCE, North 09'36'02" West, along the east line of said called 4.727 acre tract, a
distance of 498.68 feet, to a 5/8-inch iron rod found marking the northeast comer of said called
4.727 acre tract common with an interior comer of the herein described tract;
THENCE, South 80"23'58" West, along the north line of said called 4.727 acre tract, a
distance of 473.58 feet, to a 5/8-inch rod found in the east line of a the 150-foot wide Houston
Lighting & Power Company casement recorded in Volume 3021, Page 30 of the Harris County
Deed Records, common with the east line of the 22-foot wide Houston Lighting & Power
Company casement recorded in Volume 2809, Page 645 of the Harris County Deed Records,
marking the northwest comer of said called 4.727 acre tract common with an angle corner of the
herein described tract;
THENCE, North 23"29'12" West, along the east line of said 22-foot wide Houston
Lighting, and Power casement common with the east line of a said 150-foot Houston Lighting
and Power easement, a distance of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped
"Terra Surveying" set in the south line of the 20-foot wide Seagull Petrochemical Corporation
pipeline easement recorded under Harris County Clerk's File Numbers M373402 and M645320
marking the northwest comer of the herein described tract;
THENCE,, North 66'30'50" East, along the south line of said 20-foot wide Seagull
Petrochemical Corporation pipeline easement, a distance of 26.94 feeL to a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle comer of the herein described
tract;
4852-5481-7814,v. 1
THENCE, North 79*53'08" East, continuing along said south line, a distance of 505.26
feet, to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 851144'33" East, continuing along said south line, a distance of 2,147.85
feet, to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set marking an angle
comer of the herein described tract;
THENCE, North 85'52'33" East, continuing along said south line, a distance of 32.31
feet to the POINT OF BEGINNING and containing 111,307 acres (4,848,534 square feet) of
land.
Tract 2:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the north end of the northwest right-of-way line cutback line at the
intersection of Garth Road (width varies), recorded under Harris County Clerk's File Numbers
D838008, W485307 and X600931 and in Volume 858, Page 333 of the Harris County Deed
Records and Wallisville Road (width varies), as described in the deeds recorded under Harris
County Clerk's File Numbers W48,5307, X715895 and X600931 and in Volume 311, Page 3 of
the Harris County Map Records;
THENCE, South 36'32'16" West, along said northwest right-of-way cutback line, a
distance of 21.59 feet, to a 5/8-inch iron rod with plastic cap stamped "'Terra Surveying" set
marking the south end of said right-of-way cutback line;
THENCE, South 80'30'56" West, along the north right-of-way line of said Wallisville
Road, a distance of 772.43 feet to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying"
set marking an angle corner of the herein described tract;
THENCE, South 07'18'28" East, continuing along the said north right-of-way line, a
distance of 18.57 feet to a 5/8-inch iron rod with plastic cap stamped "Terra Surveying" set
marking an angle corner of the herein described tract;
THENCE, South 80'22'16" West, continuing along said north right-of-way line, a
distance of 1,199.32 feet, to a 5/8-inch iron rod with plastic cap stamped ""TERRA
SURVEYING" set marking an angle comer in said north right-of-way line;
THENCE, North 89'32'55" West, continuing along said north right-of-way line, a
distance of 158.75 feet to the intersection of said north right-of-way line and the west line of the
150-foot wide Houston Lighting & Power Company easement recorded in Volume 3021, Page
30 of the Harris County Deed Records;
THENCE, North 23'29'10" West, along said west line, a distance of 403.68 feet to a 5/8-
inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the intersection of
said west line and the north line of the 50-foot wide Humble Oil and Refining Company
4862-5481-7811,v. I
easement recorded in Volume 5296, Page 354, of the Harris County Deed Records marking the
south comer and POfNT OF BEGINNING of the herein described tract;
THENCE, North 575 1'55" West, along said north line, a distance of 1,342.79 feet to a
5/8-inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the west
comer of the aforesaid 13.860 acre tract common with the west corner of the herein described
tract;
THENCE, North 51'01'12" East, along a northwesterly line of said 13.860 acre tract, a
distance of 651.92 feet to a 5/8-inch iron rod with plastic carp stamped "S & V SURVEYING"
found marking an angle comer of said 13.860 acre tract common with an angle comer of the
herein described tract;
THENCE, North 23'29'12" West, along a westerly line of said 13,860 acre tract, a
distance of 832.92 feet to a 5/8-inch iron rod with plastic cap stamped "S & V SURVEYING"
found in the south line of the called 11.46 acre San Jacinto River Authority easement marking
the northwest comer of said 13.860 acre tract common with the northwest comer of the herein
described tract;
THENCE, North 79'5328" East, along said south line,a distance of 133.63 feet to,a 5/8-
inch iron rod with plastic cap stamped "S & V SURVEYING" found marking the northeast
comer of said 13.860 acre tract common with the intersection of said south line and the aforesaid
west line of the 150-foot wide Houston Lighting & Power Company easement and the northeast
comer of the herein described tract;
THENCE, South 23*29'10" East, along said west line, a distance of 2,084.38 feet to the
POINT OF BEGINNING and containing 13.860 acres (603,742 square feet) of land.
4852-5481-7811,Y. I
4852-5481-7811,v. 1