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CC Resolution No. 2774 RESOLUTION NO. 2774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 2.1131 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 2.1131 acres of land located within the extraterritorial jurisdiction of the City and more specifically described in Section I hereof; and WHEREAS, the City Council of the City is in support of the proposed annexation of the 2.1131 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 consent for the creation of 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 2.1131 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 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 101h 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 950 o 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 the Daily Bond Buyer 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 Harris 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. l�. 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 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. The 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 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 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 241h day of February, 2022. , B NDON CA E ILLO, Mayor ATTEST: �pF epYT0W,V T F 0 a ANGELA JACKSON, City Cler o e #0 617 APPROVED AS TO FORM: J. 41 � T -VOR FANNING, Interim City Attorney R:•Karen Anderson RESOLUTIONS CITY COUNCIL\2022\2022.02.24 SpringMeadowsMUD.docx 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 Garth Road Property Inc.,a Texas corporation("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: I. 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, except for a Vendor's Lien in Deed held by Wallis Bank. III. The land sought to be added to the District contains approximately 2.1131 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 sea., 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 land 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 naturc of the work proposed to be done in the area sought to be annexed shall I 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. V Il. 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. V III. 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$23,265. 2 WHEREFORE, Petitioners respectfully pray that this petition be granted in all respects and that the City of Baytown give its consent to the annexation of the aforesaid land in said District. IN WITNESS WHEREOF, Petitioners have executed this Petition effective as of the 14'h day of October, 2021. "Petitioners" SPRING MEADOWS MUNICIPAL UTILITY DISTRICT (the "District") Frank Cope, Pre ' ent Board of Directors ATTEST- dras6 qrwh, Secr to Board of Directors [SEAL] THE STATE OF TEXAS § af,ori S § COUNTY OF § This instrument was acknowledged before me on this �4_day of �O�b�,2021,by Frank Cope and Grady Green, in their capacity as President and Secretary of SPRING MEADOWS MUNICIPAL UTILITY DISTRICT, on behalf of said District. EgA��aY ore TNEY L YD Notary ID#129 s My commission duly 2U 2� Nota , State exas 3 GARTH ROAD PROPERTY INC., a Texas corporation By: hnran Karedia, Sole Director THE STATE OF TEXAS § COUNTY OF �'I qO S § This instrument was acknowledged before me on this /�day of �, 2021, by Imran Karedia,in his capacity as sole Director of Garth Road Property Inc.,a Texas corporation, on behalf of said corporation. [SEAL] Notary Public, §Ate of Tex F9f avn��., FNU FAIZA - Notary Public,State of Texas Comm. Expires 11-13-2023 Notary ID 132250623 . :-� - 4 CERTIFICATE OF CORPORATE RESOLUTION AND AUTHORITY STATE OF TEXAS § COUNTY OF HARRIS § I,the undersigned officer and member of Garth Road Property Inc.,a Texas Corporation, hereby certify that I,Imran Karedia,serve as sole Director of Garth Road Property Inc.,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 corporation in conformity with its Articles of Organization. I do further certify that I have the power to execute in the name of Garth Road Property Inc., a Texas Corporation, 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 14" day of October,2021. GARTH ROAD PROPERTY INC., a Texas CoVKaredia, n By: mr Sole Director THE STATE OF TEXAS § COUNTY OF_f gar/,tl� § llr This instrument was acknowledged before me on this 14Aday of 2021, by Imran Karedia, in his/her capacity as sole Director of Garth Road Property Inc., a Texas corporation,on behalf of said corporation. [SEAL) UJI Notary Publi , Jtate Texas FNU FAIZA `SO1Pa..UB Notary Public,State of Texas Comm.Expires 11-13-2023 ��N),�0;, .`�� Notary ID 132250623 JOINDER OF LIENHOLDER THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS § That the undersigned, the legal and equitable owner and holder of certain lien or liens against all or a portion of the real estate sought to be included in SPRING MEADOWS MUNICIPAL UTILITY DISTRICT(a municipal utility district organized under and governed by the terms of Chapters 49 and 54 of the Texas Water Code)by the Petition to which this Joinder is attached, has executed this Joinder to evidence its consent to the granting of said Petition, given with full knowledge and agreement that any and all liens held by the undersigned, however evidenced or created,are and will be subordinate and inferior to any and all tax liens now held by, or which may hereafter arise in favor of, the aforesaid municipal utility district pursuant to the Texas Property Tax Code as now in effect and as may hereafter be from time to time amended. Dated this the _L�f-3ay of CSC Lr , 2021. WALLIS BANK By: Name: 1 Title: er Hv sr /G� Address: Ev1 Kw' 40 t:J/oN i n '7'7�!3 STATE OF TEXAS § COUNTY OF�� § BEFORE ME, the u dersigned authority, on this the �day of l�G , 2021, personally appeared /� serving in his/her capacity as S'�I of Wallis Aank, who acknowledged to me that he/she executed the same in the capacity and for the purposes therein expressed. o- [SEAL] Notary Public, t e o Zexas2 FNU FAIZA Notary Public,State of Texas Comm. Expires 11-13-2023 Notary iD 132250623 CERTIFICATE OF CORPORATE RESOLUTION AND AUTHORITY THE STATE OF TEXAS § COUNTY OF HARRIS § I, the undersigned officer of WALLIS BANK, hereby certify that�0 iY JwVl -`serves as j1.O��Vvf WALLIS BANK, and that in such capacity he/she execute he 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 has been duly authorized, approved, ratified, and confirmed as the act and deed of said bank, by all necessary action of the officers of said bank in conformity with its regulations. I do further certify that hair4✓ has the power to execute in the name of WALLIS BANK,such contracts,agreements,and instruments as may be required or permitted by law to be executed by said bank, which are necessary and appropriate, related or appurtenant to the requested addition of the aforesaid lands. 17�► Witness my hand this IL day of 2021. WALLIS BANK FNU FAIZA PGe%_Notary Public,state of Texas Na Name: ��; •'e Comm Expires 11 13-2023 Notary ID 132250623 Title: sylp Address: 2!j 2yt Ga. nM h.wjicy, IPA 1Nccuckn1 STATE OF TEXAS § COUNTY OF I'`Ci'YYIS § BEFORE ME, the undersigned authority, on this the L9dkay of cjr6c .,- , 2021, personally appeared 14 2i L 9-,ctWj-m ,serving in his/her capacity as S V V of Wallis Bank,who acknowledged to me that he"she executed the same in the pacity and for the purposes therein expressed. [SEAL] Notary Public, Sate of Tex EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 2.1131 ACRES (92,043 SQUARE FEET) SITUATED IN THE GEORGE ELLIS LEAGUE, A-21 IN HARRIS COUNTY, TEXAS Being a tract of land containing 2.1131 acres (92,043 square feet) situated in the George Ellis League, A-21 in Harris County, Texas, and being out of Lot 15 of the subdivision of the Geo Ellis League as recorded in Volume 72, Page 459 of the Deed Records of Harris County, Texas, and being a called 2.1131-acre tract of land as conveyed unto 5103 East Wallisville Partners LLC, by deed recorded under County Clerk's File Number RP-2017-516467 of the Official Public Records of Real Property of Harris County, Texas and being comprised of the reminder of a called 1.0197-acre tract as conveyed unto Ross Lee Hargis and Jennie Faith Hargis as recorded under County Clerk's File Number 20070120614 of the Official Public Records of Real Property of Harris County, Texas and a called 1.3982-acre tract as conveyed unto Ross Lee Hargis and Jennie Faith Hargis as recorded under County Clerk's File Number V906863 of the Official Public Records of Real Property of Harris County, Texas. Said 2.1131-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northerly southwest corner of said tract herein described and for the northwest end of a cut-back corner marking the intersection of the east right of way line of Garth Road (width varies) as recorded under County Clerk's File Numbers X124211, X600931, W251778 and W485307 of the Official Public Records of Real Property of Harris County, Texas, with the north right of way line of Wallisville Road (100 feet wide) as recorded in Volume 7, Page 48 of the Map Records of Harris County, Texas and under County Clerk's File Numbers W251778 and X124211 of the Official Public Records of Real Property of Harris County, Texas; THENCE North 10' 54' 22" West, (called North 10' 54' 30" West), with the east right- of-way line of said Garth Road, a distance of 578.59 feet (called 578.72 feet) to a 1/2-inch iron rod found for the north corner of said tract herein described and for the most southerly northwest corner of the residue of a called 6.2099-acre tract as conveyed unto Randall G. Fontenot and Mary H. Fontenot as recorded under County Clerk's File Number V514654 of the Official Public Records of Real Property of Harris County, Texas from which a 1/2-inch iron rod found for the northwest corner of the residue of said 6.2099-acre tract bears North 10° 54' 22" West, a distance of 28.78 feet; THENCE South 38' 46' 17" East, (called South 38' 47' 26" East), departing from the east right of way line of said Garth Road and with the westerly boundary line of the residue of said 6.2099-acre tract, a distance of 663.99, (called 663.84 feet), to a 1/2-inch iron rod with cap (not legible) found for the southeast corner of said tract herein described and for the southwest corner of the residue of said 6.2099-acre tract and being located in the north right of way line of said Wallisville Road from which a 1/2-inch iron rod with a cap stamped "BHA INC" found for the southeast corner of the residue of said 6.2099-acre tract bears North 77' 49' 16" East, a distance of 290.62 feet; Page ] of 2 THENCE South 77' 49' 16" West, (called South 77' 48' 32" West), continuing with the north right of way line of said Wallisville Road, a distance of 295.51 feet to a 1/2-inch iron rod found for the southerly southwest corner of said tract herein described and for the southeast end of said cut-back corner; THENCE North 55' 42' 55" East, (called North 56' 33' 40" West) with said cut-back corner, a distance of 20.99 feet to the POINT OF BEGINNING and containing 2.1131 acres (92,043 square feet)of land, more or less. Notes: 1. All bearings cited herein are grid bearing, referenced to the Texas Coordinate System of 1983, South Central Zone No.4204,NAD83 (2011). 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 15, 2021 and titled "A BOUNDARY SURVEY OF A 2.1131 ACRE (92,043 SQ. FT.) TRACT SITUATED IN THE GEORGE ELLIS LEAGUE A- 21, IN HARRIS COUNTY, TEXAS". Cobb, Fendley&Associates,Inc. 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