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CC Resolution No. 2737 RESOLUTION NO. 2737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 0.3867 ACRES WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN INTO SPRING MEADOWS MUNICIPAL UTILITY DISTRICT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, no land within the extraterritorial jurisdiction of a municipality may be included in a municipal utility district unless the governing body of the municipality gives its written consent in accordance with Chapter 42 of the Texas Local Government Code and 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 annexation by Spring Meadows Municipal Utility District, hereinafter referred to as the "District," of 0.3867 acres of land located within the extraterritorial jurisdiction of the City and more specifically described in Section l hereof, and WHEREAS, the City Council of the City is in support of the proposed annexation of the 0.3867 acres described in Section 1 hereof by the District and herein gives its written consent to the inclusion of such property in the territory of the District subject to the terms and conditions stated herein; and WHEREAS,the District,which has requested the City Council's consent,has assured the City that the District is willing to accept such consent based upon the terms and conditions as hereinafter stated, and that the District, in consideration of the City granting its inclusion of 0.3867 acres into the District, has agreed; and by the acceptance of the benefits of this resolution, does hereby agree to comply with the terms and conditions contained herein;NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That subject to the terms and conditions specified in Sections 2 and 3 hereof, the City hereby grants its consent to the inclusion in the District of 0.3867 acres of land located within the extraterritorial jurisdiction of the City pursuant to the provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code. The land to be included within the District is more particularly described in Exhibit "A" which is attached hereto and made a part hereof for all intents and purposes, hereinafter the "Land." 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 a water supply for municipal uses, domestic uses and commercial purposes; • collect,transport,process,dispose of and control all domestic or communal wastes whether in fluid, solid or composite state; • gather, conduct, divert and control local stone 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 10'h anniversary of the date of issuance without premium. The bonds shall be sold only after the taking of public bids therefor. None of the bonds, other than refunding bonds and bonds sold to a federal or state agency, shall be sold for less than ninety-five percent(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 (2%) above the highest average interest rate reported by the Daily Bond Buy in its weekly "20 Bond Index" during the one-month period next preceding the date notice of the sale of such bonds is given. Bids for the bonds shall 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 from 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 assumes all of the obligations of the District. d. Approval for Annexation by District. No land will be added or annexed to the District until the City has given its written consent by resolution of the City Council to such addition or annexation. e. Approval 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 sewer and 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 2 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 on-the-ground inspections at any time. 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 mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the 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 on 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 the sewage treatment facility by making periodic inspections thereof. g. Subdivisions to be Property 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 Planning and Zoning Commission of the City of a plat which will be duly recorded in the Map and Plat records of Chambers County, Texas,and otherwise comply with the rules and regulations of the City. The District will not provide water or sewer service to any lot unless the plat covering such lot has been approved by the Planning and Zoning Commission. h. Notice Required before Bond Issuance. Before the issuance of any series of District bonds, the District shall tender to the City Manager written notice of the contemplated issuance at least thirty (30) days 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. The District will use its best efforts to structure its rates for water and sewer- service in the same manner as the City even though the level of rates may vary. j. Treated Water and Sewer Services. Tile District intends to and shall enter into a contract with the City of Baytown for the purchase of treated water services. Pursuant to this Agreement, 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 sanitary sewer services to the District. 3 Section 3: In consideration of the City giving its consent for the creation of the District, the petitioners agree that the following additional conditions and tenns 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 conjunction with the neighboring hotel property. b. Annexation at Any Time. At any time, the City may annex that portion of the District within its extraterritorial jurisdiction, subject to the resulting strategic partnership agreement entered into by the parties as contemplated in section 3.c of this resolution. C. Strategic Partnership Agreement. The City and the District shall enter into a strategic partnership agreement wherein the property subject to this resolution and other District property shall be annexed for limited purposes. Section 4: This 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 the 5`h day of August, 2021. r LAURA ALVARADO, Mayor Pro Tern ATTEST: ANGELA aCKSON, Interim City Ca APPROVED AS TO FORM: EN L. HORNER, City Attomey R:TC mn Homer\Docummts\File\City Council\Re olutions\2021Wugust 5\SptingMe dowsMUD.doc 4 Exhibit "A" SPRING MEADOWS MUNICIPAL UTILITY DISTRICT PETITION FOR CONSENT TO ANNEX LAND THE STATE OF TEXAS § COUNTY OF HARRIS § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN: SPRING MEADOWS MUNICIPAL UTILITY DISTRICT (the "District"), and AA Baytown Hoteliers, LLC, a Texas limited liability company ("Landowner") (Landowner and District hereinafter called"Petitioners"),acting pursuant to the provisions of Section 54.016.Texas Water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioners would show as follows: 1. The District,to which the land hereinafter described is sought to be annexed,exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54,Texas Water Code,as amended, and was created by House Bill No. 952, Acts of the 76`h Legislature of the State of Texas, Regular Session,effective May 6, 1999. Il. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District. Landowner represents and warrants that there are no outstanding liens of record affecting the land sought to be added. III. The land sought to be added to the District contains approximately 0.3867 acres of land, more or less,and lies wholly within Harris County,Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of the Texas Local Government Code, Section 42.001 et seq., as amended, said area is within the extraterritorial jurisdiction of the City of Baytown and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. IV. The Iand sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. V. The general nature of the work proposed to be done in the area sought to be annexed shall 1 be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. VI. There is a necessity for the improvements described above. The area of the District is urban in nature, is within the growing environs of Baytown, Texas, and is in close proximity to a populous and developed section of Harris County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to the land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto, require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. Petitioners agree and covenant to abide by the conditions set forth in Exhibit "B",attached hereto and made a part hereof for all purposes, until such time as said conditions may be changed by City ordinance or resolution, either specific or general. VIII. It is estimated by the Petitioners from such information as is available at this time,that the cost of extending the District's facilities to serve the area sought to be annexed will be approximately $0. 2 S .X _ o a1u/lo,41, `i t ��Y�5�• 1a1.11sio pttjs jo jIVtlaq uo `_l-MUSIQ < 11-11.L(1 ZddIDINfl" SMOC1V9V 1 DKINdS 30 SJU10.130S pl u 1uaplsa.td sir �voeduo JIatI1 ul `ua;DJO Spr.10 put: adoD MILDd Xq'I ZOZ J jo Sup $ still uo aul aaojaq pa5palr-vNoupU SCAN 1uau111l1SUI slily �• V § SRRI`dH.30 AIIWIOD § S d X3.L 30 3.Ld1,���0* T a c:M= d ulanaS ` a 1 '�I r - I S 7_LLV s.lolaa.11CI So PROD ap 1sa.td `ado J jut:.td (joyls1c]"atli) 13i'dISIa IUMIn (,s.tatto1111ad„ I ZOi `Iudd jo Xup 1118 alll Jo SU aAl)aaJJa uo1111ad SIIII paltlaaxa aAVII S.Ia11o1111ad `3OM19HAN SSgI\I.L1M iql '1al.Ilsi(:l pIt;S 111 PURI p1USa.10.1L alll,lo ttOIlt;xatltn:all)of lUasttoa S11 aA15 LMO)XBOJO f11j atp ley PUP slaadsa.l JIB III palut;.1lR aq ttollIlad Sltil lBlli AVId Allnjlaadsa.t S.1at1o1l11ad`12 0:13113HM AA BAYTOWN HOTELIERS, LLC, a Texas limited liability company By: ivyesh G. Bhakta, Manager THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this day of fq 011 I , 2021, by Divyesh G.Bhakta,in his capacity as Manager of AA Baytown Hoteliers, LLC.a Texas limited liability company,on behalf of said company. [SEAL] otary Public, State a as r°�e, NANCY J TANNER Notary ID#125776819 of�E+' MY Commission Expires October 7,2023 4 CERTIFICATE OF CORPORATE RESOLUTION AND AUTHORITY STATE OF TEXAS § COUNTY OF HARRIS § I, the undersigned officer and member of AA Baytown Hoteliers, LLC, a Texas Limited Liability Company, hereby certify that 1, Divyesh G. Bhakta, serve as Sole Manager of AA Baytown Hoteliers, LLC, and that in such capacity executed the Petition to which this certificate is attached,praying for the addition to Spring Meadows Municipal Utility District of that certain tract or parcel of land situated in Harris County,Texas,and more particularly described in said Petition, reference to which is hereby made for all purposes, and that the execution of said Petition had been duly authorized, approved, ratified, and confirmed as the act and deed of said limited liability company, by all necessary action of the member of said limited liability company in conformity with its Articles of Organization. 1 do further certify that 1 have the power to execute in the name of AA Baytown Hoteliers, LLC,a Texas Limited Liability Company,such contracts,agreements,and instruments as may be required or permitted by law to be executed by said company,which are necessary and appropriate, related or appurtenant to the requested addition of the aforesaid lands. Effective the 81" day of April,2021. AA BAYTOWN HOTELIERS. LLC, a Texas Limited Liability Company By: '�, V*e t� Divyesh G. Bha ta,Manager THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this U day of 2021, by Divyesh G. Bhakta, in his/her capacity as Manager of AA Baytown Hoteliers, LLC,a Texas Limited Liability Company,on behalf of said com y. [SEAL] N.e(tart' lic.Sta of T xas NANCY J TANNER Notary ID#125776819 W. My Commission Expires +rfof fi`` October 7,2023 EXHIBIT "All DESCRIPTION OF A TRACT OF LAND CONTAINING 0.3867 ACRES (16,845 SQUARE FEET)SITUATED IN THE GEORGE ELLIS LEAGUE, A-21 IN HARRIS COUNTY, TEXAS Being a tract of land containing 0.3867 acres (16,845 square feet) situated in the George Ellis League,A-21 in Harris County,Texas and being out of a called 1.1529-acre tract of land as conveyed unto AA Baytown Hoteliers LLC by deed recorded under County Clerk's File Number RP-2019-508532 of the Official Public Records of Real Property of Harris County, Texas, Harris County,Texas. Said 0.3867-acre tract being more particularly described by metes and bounds as follows: COMMENCING FOR REFERENCE at a 1/2-inch iron rod for the southwest corner of Restricted Reserve "A" of Preston Place Section One as recorded under Film Code Number 499118 of the Map Records of Harris County, Texas and for the northwest end of a cut-back corner marking the intersection of the east right of way line of Garth Road (100 feet wide) as recorded under County Clerk's File Numbers W285776 of the Official Public Records of Real Property of Harris County, Texas, Volume 832, Page 8, Volume 858, Page 333, Volume 832, Page 7 of the Deed Records of Harris County, Texas, and Volume 311, Page 3, Film Code Numbers 499918 and 681140 of the Map Records of Harris County, Texas with the north right of way line of Harbor Mist Drive; THENCE North 10' 52' 50" West with the east right of way line of said Garth Road and the west boundary line of said Preston Place Restricted Reserve"A", a distance of 290.40 feet to a point by a wood fence corner for the POINT OF BEGINNING and for the common southwest corner of said 1.1529-acre tract and said tract herein described and for the most westerly northwest corner of said Preston Place Restricted Reserve "A", from which a found P.K. Nail with a washer stamped"CFA"bears North 88'33' 35"West, a distance of 0.43 feet; THENCE North 10* 52' 50" West, (called North 10' 58' 20" West) departing from said Preston Place Restricted Reserve "A" and continuing with the east right-of-way line of said Garth Road and with the west boundary line of said 1.1529-acre tract, a distance of 169.00 feet to a 1/2-inch iron rod with a cap stamped "BHA INC" found for the common northwest corner of said tract herein described and said 1.1529-acre tract and for the southwest corner of Restricted Reserve "A" of Staybridge Suites Minor Plat as recorded under Film Code Number 681140 of the Map Records of Harris County, Texas; THENCE North 790 07' 32"East,(called North 79'06' 31" East)departing from the east right of way line of said Garth Road and with the south boundary line of said Staybridge Suites Restricted Reserve"A"and the north boundary line of said 1.1529-acre tract, a distance of 99.68 feet to a 5/8-inch iron rod with a cap stamped"Cobb Fendley& Associates"set for the northeast corner of said tract herein described from which a 1/2-inch iron rod with a cap stamped "BHA INC" found for the northeast corner of said I.1529-acre tract bears North 79° 07' 32" East, a distance of 304.87 feet; Page 1 of 2 THENCE South 101 53' 05" East departing from the south boundary line of said Staybridge Suites Restricted Reserve "A" and from the north boundary line of said 1.1529-acre tract, at a distance of 109.41 feet pass 1/2-inch iron rod with a cap stamped "BHA INC" for the most westerly southeast corner of said 1.1529-acre tract and for a corner of said Preston Place Restricted Reserve "A", and continuing for a total distance of 168.98 feet to a 1/2-inch iron rod with a cap stamped "BHA INC" found for the southeast corner of said tract herein described and for the most easterly southwest corner of said 1.1529-acre tract and for a corner said Preston Place Restricted Reserve "A"; THENCE South 79" 06' 54" East, (called South 79' 05' 53" West), continuing with the south boundary line of said 1.1529-acre tract and with the north boundary line of said Preston Place Restricted Reserve "A", a distance of 99.69 feet, (called 99.36 feet), to the POINT OF BEGINNING and containing 0.3867 acres(16,845 square feet)of land, more or less. Notes: 1. All bearings shown hereon are grid bearings, referenced to the Texas Coordinate System of 1983, South Central Zone No.4204,NAD83 (2011 Adjustment;Epoch 2010.00). 2. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 3. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley & Associates, Inc. dated March 17, 2021 and titled "A STANDARD LAND SURVEY OF A 0.3867 ACRE TRACT SITUATED IN THE GEORGE ELLIS LEAGUE A-21, IN HARRIS COUNTY, TEXAS". Cobb,Fendley&Associates,Inc. j TBPELS Finn Registration No. 100467 4 �s 13430 NW Freeway, Suite 1100 Houston,TX 77040 Phone: 713462-3242 � 9� 5413g Job Number 2018-010-01-04 Palace Inn LLC March 17, 2021p i Page 2 of 2