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.
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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.
TBPELS Firm Registration No. 100467 OF T
13430 NW Freeway, Suite 1100 �'+tt'o�srFq
Houston, TX 77040
Phone: 713-462-3242
AUREUO D.CORTES
Job Number 2018-010-01-04 90 5413
March 15, 2021 ARS0 0Q�
Page 2 of 2
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