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HomeMy WebLinkAboutR-1971-02 .., . . RESOLUTION NO. 71-02 . RESOLUTION GIVING CONSENT TO CREATION OF POLITICAL SUBDIVISION WITHIN AREA OF EXTRATERRITORIAL JURISDICTION WHEREAS, no political subdivision having as one of its purposes the supplying of fresh water for domestic and commercial uses and the furnishing of sanitary sewer services may be created within the area of the extraterritorial jurisdiction of any city, town or vil- lage without the written consent of such city, town or village, as provided in Article 970(a), V.T.C.S.; and WHEREAS, the City Commission has heretofore found and deter- -e mined, and hereby affirmatively finds and determines, that there exists within the extraterritorial jurisdiction of the incorporated City of La Porte, Harris County, Texas, an area wherein it is desired that a political subdivision be created which will include within its purposes the purposes above mentioned; and WHEREAS, it is now contemplated that such proposed political subdivision shall be organized as a conservation and reclamation district (more particularly a water control and improvement dis- trict) by authority of Article XVI, Section 59, Texas Constitution, in accordance with and having all the powers provided by Chapter 3A, ,. ~Title 128, Revised Civil Statutes of Texas, 1925, as amended; and WHEREAS, it is tentatively proposed that said political sub- division shall be known as LaPorte Utility District of Harris County, Texas; Now, thererore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF La PORTE, TE XAS : 1. That all of the matters and facts set out in the preamble hereof are true and correct; and 2. That upon thE~ following terms and conditions, the City - ~'ommission of the City of La Porte, Texas, hereby speCifically gives its written consent, as provided by Article 970(a), V.T.C.S., to the ...,.. . e ~ creation of a political subdivision to be created as a conservation and reclamation district (more particularly a water control and . . . improvement district) by authority of Article XVI, Section 59, Texas Constitution, in accordance with and having all the powers provided by Chapter 3A, Title 128, Revised Civil Statutes of Texas, 1925, as amended, and tentatively proposed to be called La Porte Utility District of Harris County, Texas, the boundaries of such District being described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes. 3. The consent herein granted is conditioned upon the following terms and conditions, to-wit: (a) Bonds may be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing or otherwise acquiring waterworks systems and sanitary sewer systems, and, with the prior written consent of the City of La Porte, for drainage facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions and repairs there- to, and to purchase or acquire all necessary land, rights-of-way, easements, sites, equipment, buildings, plants, structures, and facil- ities therefor, and to operate and maintain same, and to sell water and other services within or without the boundaries of the District. Such bonds may not be exchanged for property acquired by purchase or in payment of the contract price of work done or services ren- dered for the use and benefit of the District. Such bonds may only be sold for cash and the proceeds thereof paid over by the Directors to the depository for said District. Such bonds and all refunding bonds issued by the District shall only be sold after the taking of public bids therefor, and all bonds and refunding bonds shall be sold for cash for not less than par and accrued'interest, shall be -2- e e ~. redeemable at any time upon thirty (30) days' notice and be issued under terms and conditions approved by resolution of the City of La Porte. (b) The District shall submit the plans and specifications for all construction of water and sanitary sewer facilities to such City for approval and such District must obtain the approval thereof by such City before advertising for construction bids or commencing construction thereof. The construction of the District's water and sanitary sewer facilities shall be in accordance with the approved . plans and specifications and with applicable standards and specifi- cations of the City of La Porte and during the progress of the con- struction and installation of such facilities, the City Engineer of the City of La Porte, or an employee thereof, shall make periodic on-the-ground inspections, and no such construction shall be started or undertaken by the District unless it has in its possession the fol- lowing: (c) A certificate of the District's engineer, who shall be a registered professional engineer under the laws of the State of Texas, that, in his opinion, such construction conforms to said City's . established standards and specifications; and a letter or certificate of the City Engineer of said City of La Porte, that, in his opinion, such construction conforms to said City's established standards and specifications; moreover, the Owner or the Developer of the land shall covenant and agree that he or they will, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of La Porte of a plat and properly record it, and otherwise comply with the Rules and Regulations of the Planning and Zoning Commission of the said City, as contained in the .~ City of La Porte Subdivision Ordinance No. 705. -3- , . . e ~ (d) Full-time resident inspection shall be provided during the construction period, by inspectors approved by the City Engineer of the City of La Porte, which inspectors shall be removed upon re- quest by said City Engineer if found not to be competent. In addi- tion, an additional inspector or inspectors shall be furnished, "if deemed necessary by the City Engineer. Daily inspection reports shall be furnished, with a copy to the City of La Porte. All con- struction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid .~ by a responsible, competent contractor, which bids shall include evidence of financial condition of bidders. Bid bonds, payment bonds, performance bonds, and affidavits of payment shall in all cases be required. Upon completion of construction, submission of complete set of "as built" plans to the City of La Porte by the engineer for the District shall be required. (e) At least one of the members of the initial Board of . Directors shall be a person selected by the City Commission of the City of La Porte. (f) Except to the extent of any conflict with any of the aforesaid provisions, the provisions of Article 7880-117, V.A.C.S., as amended, shall apply in their entirety to said political subdivision. (g) The terms and conditions of this conditional consent shall apply to all bonds issued by the District, including refunding bonds. 4. Any condition imposed by the City Commission in Paragraph 3 hereof may be waived by the City Commission if it deems it advisable. . -4- \ . . . .' . .' . . PASSED AND APPROVED this 22nd day of ,January, 1971. '" ., "l, " ATTEST: ::d 4 ,~ Mayor, City of La Porte, Texas -5- ... . . . '. .. . . CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ CITY OF LA PORTE ~ We, the undersigned officers of the City Commission of the City of La Porte, Texas, hereby certify as follows: 1. The City Commission of the City of La Porte, Texas, convened in .special meeting, on the 22nd day of January , 1971, in the City Hall within the City, and the roll was called of the duly constituted officers and members of said Commission and the City Clerk, to-wit: H. Carlos Smith E. A. Thomas H. Gould Crofoot Isaac Kibodeaux Bobby J. Burgin Virginia Cline Mayor Commissioner Commissioner Commissioner Commissioner City Clerk and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION GIVING CONSENT'TO CREATION OF POLITICAL SUBDIVISION WITHIN AREA OF EXTRATERRITORIAL JURISDICTION was duly in full. adopted; adoption vote: introduced for the consideration of said Commission and read It was then duly moved and seconded that said resolution be and, after due discussion, said motion, carrying with it the of said resolution, prevailed and carried by the following AYES: NOES: All Commissioners shown present above. None. 2. That a true, full, and correct copy of the aforesaid resolu- tion adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said resolution has been duly recorded in said Commission's minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Commission's minutes of said meeting pertaining to the adoption 'of said resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Commission as indicated there- in; that each of the officers and members of said Commission was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to. the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the time, place and subject matter of said meeting was given as required by Vernon's Article 6252-17, as amended. =SIONED AND SEALED this .;:.. " 22nd day Of?1~ Mayor ~~ , , -<. ._~. ~ . '1 .- -.. -. ..... ,~".r.. e e Description of those certain tracts of land out of the Johnson Hunter Survey A-35 and the W. P. Harris Survey A-30, Harris County, Texas, and being more particularly described as follows: COMMENCING at a point of intersection of the East line of the George B. McKinstry Survey A-47 with the North line of the W. P. Harris Survey A-30 and the South line of the Johnson Hunter Survey A-35; THENCE Southerly along the East line of the aforemention George B. McKinstry Survey a distance of approximately 2,710 feet to a point, said point being in the East line of said George 8. McKinstry Survey A-47 and be~ng 350 feet North of the North right-of-way of McCabe Road; and being the PLACE OF BEGINNING; , THENCE Northerly along the East line of the George B. McKinstry Survey A-47 and the Richard Pearsall Survey A-625 a distance of 5,190 feet more or less to a point for corner, said point being the intersection of the South right-of-way of West "0" Street with the East line of the Richard Pearsall Survey A-625; THENCE Easterly along the South right-of-way of West "0" Street a distance of 326 feet to a point for corner; THENCE Southerly, parallel to and 326 feet East of the East line of the George B. McKinstry Survey A-47 and the Richard Pearsall Survey A-625 a distance of 400 feet to a point for corner; THENCE Easterly, parallel to and 400 feet South of the South right- of-way of West "0" Street a distance of 326 feet to a point for corner; said point lying in the East right-of-way of 16th Street; THENCE Northerly along the East right-of-way of 16th Street a distance of 460 feet to a point for corner, in the South boundary of the City of LaPorte. Texas; said South boundary being a projection of the North right-of-way of West "0" Street; THENCE Easterly along the South boundary of the City of LaPorte and the projection of the North right-of-way of West "0" Street a distance of 2,888 feet more or less to a point for corner, said point lying at the intersection of the West right-of-way of 7th Street projected north with the North right-of-way of West "0" Street and the South boundary of the City of LaPorte; THENCE Southerly along the West right-of-way of 7th Street a distance of 2.420 feet more or less to a point for corner in the South line of the Johnson Hunter Survey A-35 and the North line of the W. P. Harris Survey A-30; /~, ~.!'.\ . '.... : ,:". . ~ . . if . "i'A- . It (f l'-~, ,. ..- , e- . .' :t 'e' e Page 2 THENCE Easterly along the South line of the Johnson Hunter Survey A-35 and the North line of the W. P. Harris Survey A-30 a distance of 2,302 feet to a point, said point being the intersection of the South boundary of the Johnson Hunter Survey A-35, the North boundary of .the W. P. Harris Survey A-30 and the South right-of-way of South "T" Street with the West right-of-way of State Highway l46 commonly referred to as the LaPorte-Seabrook Road; THENCE continuing Easterly along the South right-of-way of the Hunter Survey A-35 and the Harris Survey A-30, crossing State Highway l46" cormnonly referred to as the LaPorte-Seabrook Road for a distance of 1.250 feet more or less to a point for corner in the westerly shoreline of Galveston Bay; THENCE Southerly with the meanders of the westerly shoreline of Galveston Bay a distance of 680 feet more or less to a point for corner, said corner also being the Northeast corner of. Oyster Bay Subdivision; THENCE Westerly along the North line of Oyster Bay Subdivision to the Northeast corner of Lot 5 out of Oyster Bay Subdivision; THENCE Southerly along the East line of Lot 5 out of Oyster Bay Subdivision a distance of 122.5 feet to the southeast corner of said Lot 5 and also being ~ point for corner for the herein de- scribed tract; THENCE Westerly along the South line of Lot 5 out of Oyster Bay Subdivision a distance of. 75 feet to a point for corner and the southwest corner of said Lot 5; THENCE Southerly with the southward projection of,the West line of said Lot 5, crossing a 60 foot wide street to the Northeast corner of Lot 19 out of Oyster Bay Subdivision. and continuing along the East line of said Lot 19 for a total distance of 182.5 feet to a point for corner and the Southeast corner of Lot 19 out of Oyster Bay Subdivision; THENCE Westerly along the South line of Lot 19 a distance of 75 feet to a point for corner and the southwest corner of Lot 19; THENCE Northerly along the West line of Lot 19 and its northward projection, crossing a 60 foot wide street to the southwest corner of Lot 6 out of Oyster Bay Subdivision and continuing along the West line of Lot 6 for a total distance of 305 feet to a point for corner and the northwest corner of Lot 6; .. " . . II' . . - .--J~ e e Page 3 THENCE Westerly along the North line of Oyster Bay Subdivision and its westward projection across State Highway l46 commonly referred to as the LaPorte-Seabrook Road a distance of 557.5 feet to a point for corner in the West right-of-way of 9a14 State Highway 146; THENCE Southerly along the West right-of-way of State Highway 146 commonly referred to as the LaPorte-Seabrook Road a distance of 908.47 feet more or less to a point for corner, said corner being 1,532.70 feet South of the common North South boundary between the W. P. Harris Survey A-30, and the Johnson Hunter Survey A-35; - - .... I ,I)... A ,,~:L~~- 1... ,~'''-> .l{~. 1, - THENCE Westerly parallel to and 1,532.70 feet ~duth of the South line of the Johnsc)n Hunter Survey A-35 and theAW. P. Harris Survey A-30, a distance c)f 326 feet to a point for' corner; THENCE Southerly, parallel to and 326 feet West of the West right- of-way of State Highway 146, commonly referred to as the LaPorte- Seabrook Road a distance of 807.30 feet to a point for corner; THENCE Westerly. parallel to and 840 feet North of the North right- of-way of McCabe Road, a distance of 1,534 feet to a point for corner and the Northwest corner of the Shoreacres Mobile Home Park; THENCE Southerly along the West line of the Shoreacres Mobile Home Park a distance of 490 feet to a point for corner, said point being 350 feet North of the North right-of-way of McCabe Road; THENCE Westerly parallel to and 350 feet North of the North right- of-way of McCabe Road a distance of J,926 feet more or less to the PLACE OF BEGINNING.