HomeMy WebLinkAboutResolution No. 76-05 RESOLUTION N0. 76-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS , AUTHORIZING CLEAR WOODS
IMPROVEMENT DISTRICT TO ANNEX TO SAID DISTRICT
CERTAIN LAND SITUATED WITHIN THE EXTRATERRITORIAL
JURISDICTION OF SAID CITY.
WHEREAS , Clear Woods Improvement District , a water
control and improvement district of the State of Texas , has
requested in writing permission of the City of Friendswood to
annex to said District certain land situated, lying and being
within the extraterritorial jurisdiction of said City ; and
WHEREAS , said land sought to be annexed by said District
is more fully described in such request for permission to annex
same , which is attached hereto and in all things made a part
hereof; and
WHEREAS , in such request the governing body of said
District has set forth the terms , conditions , and covenants
such District will meet , agree to, and follow if such permission
is granted; and
WHEREAS , it is the judgment of the City Council that such
permission should be granted; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS :
l . That permission be , and it is hereby, granted Clear Woods
Improvement District to annex to said District that certain land
lying within said City ' s extraterritorial jurisdiction, which is
more fully described in the District ' s request for permission to
annex, which is attached hereto and in all things made a part
hereof.
2 . That such permission is granted subject to the terms ,
conditions , and covenants set forth in such request for permission
to annex, all which are incorporated herein and made a part hereof
for all purposes .
Resolution #76-5
Page 2
PASSED AND APPROVED this 2nd day of February, 1976 .
� �
M yor
ATTEST:
C
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City Secretary
APPROVED AS TO FORM:
City Attorney
PDB/cc
CLEAR WOODS IMPROVEMENT DISTRICT
PETITION TO CITY OF FRIENDSWOOD
FOR ADDITION OF LAND
Whereas , the undersigned majority of the board of
directors of Clear Woods Improvement District which is a water
control and improvement district heretofore duly created, desire
ta obtain the written consent of the City of Friendswood for the
addition to the District of an area of laxid within the City' s
extraterritorial jurisdiction in accordance with Article 970a,
Vernon' s Annotated Civil Statutes of the State of Texas , which
land is described in Exhibit °'A" attached hereto; and
Whereas, Subsection B of Section 8 , Article 970 ,
V.T.C. S. , provides, in part, that no political subdivision having
as one of its purposes the supplying of fresh water for domestic
or commercial uses or the furnishing of sanitary sewer service
may be created within the area of the extraterritorial jurisdic-
tion of any city without the written consent of the city; and
the governing body of such city is given sixty (60) days to re-
fuse or grant permission for the creation of the proposed district
and said governing body is permitted an additional six months '
time within which to mutually agree with the landowners and of-
ficers of a district concerning the creation thereof within the
city' s extraterritorial jurisdiction; and
Whereas, the undersigned directors deem it beneficial
to said District for the City of Friendswood' s personnel to re-
view, study and approve the District' s plans and specifications
for the installation and construction of water , sewer and drainage
facilities.
a-
Now, therefore , being in all things fully advised,
for and in consideration of the premises and the timely writ-
ten consent of the City of Friendswood for the addition of an
area of land to this District as aforesaid, and in consideration
of the benefits derived by said District from the City of
Friendswood' s engineering assistance in the review, study and
approval of the District' s utility installation plans and speci-
fications, as will be evidenced by the passage of a resolution
and the acceptance of this agreement and undertaking by the City
Council, the undersigned district directors hereby expressly
covenant and agree as follows :
(a) Bonds will be issued by the district only
for the purpose of purchasing and constructing, or pur-
chasing or constructing, or under contract with the
City of Friendswood, or otherwise acquiring waterworks
systems, sanitary sewer systems , storm sewer systems
and drainage facilities, or parts of such systems or
facilities, and to make any and all necessary purchases ,
constructions, improvements, extensions , additions and
repairs thereto, and to purchase or acquire all nece-
ssary land, right-of-way easements , sites , equipment,
buildings, plants, structures and facilities therefor,
and to operate and maintain same , and to sell water,
sanitary sewer and other services within or without the
boundaries of the district. Such bonds will expressly
provide that the district reserves the right to redeem
said bonds on any interest-payment date subsequent to
the fifteenth (15th) anniversary of the date of issu-
ance without prernium and will be sold only after the
taking of public bids therefor, and none of such bonds ,
other than refunding bonds , will be sold for less than
950 of par; provided that 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, will not exceed two per cent (20) above the
highest average interest rate reported by the Daily
Bond Bu�er in its weekly "20 Bond Index" during the one-
month period next preceding tYie date notice of the sale
of such bonds is given, and that bids for the bonds will
be received not more than forty-five (45) days after
notice of sale of the bonds is given. The resolution
authorizing the issuance of the district' s bonds will
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 of Friendswood,
Texas, annexes the district, takes over the assets of
the district and assumes all of the obligations of the
district. No land will be added or annexed to the dis-
trict until the City of Friendswood has given its writ-
ten consent by resolution of the City Council to such
addition or annexation.
(b) Before the commencement of any construc-
tion within the district, the district, its directors ,
officers or the developers and landowners will submit
to the City Engineer of the City of Friendswood, or
to his designated representative , all plans and speci-
fications for the construction of water, sanitary
sewer and drainage facilities to serve such district
and obtain the approval of such plans and specifica-
tions. All water wells , water meters , flushing valves ,
valves , pipes and appurtenances installed or used
within the district will conform exactly to the speci-
fications of the City of Friendswood, All water �er-
� vice lines and sewer service lines , lift stations ,
sewage treatment facilities , and appurtenances thereto,
installed or used within the district , will comply with
the City of Friendswood' s standard plans and specifica-
tions. Prior to the construction of such facilities
within the district , the district or its engineer will
give written notice by registered or certified mail to
the City Engineer stating the date that such construc-
tion will be commenced. The construction of the dis-
trict' s water, sanitary sewer and drainage facilities
will be in accordance with the approved plans and speci-
fications and with applicable standards and specifications
of the City of Friendswood; and during the progress of
the construction and installation of such facilities , the
City Engineer or his designated representative , will
make periodic on-tne-ground inspections.
(c) The district will agree to employ a sewage
plant operator holding a valid certificate of competency
issued under the direction of the Te�as State Health
Department as required by Section 20 (a) of Article 4477-1 ,
V.T.C. S. The district will agree to make periodic analyses
of its discharge pursuant to the provisions of Texas Water
Quality Board Order i�o. 69-1219-1 and further will agree
to send copies of all such effluent data to the Depart-
ment of Public Works , City of Friendswood, as well as to
the Texas Water Quality Board. The district will agree
that representatives of the City of Friendswood may super-
vise the continued operations of the sewage treatment
facility by making periodic inspections thereof.
(d) Prior to the sale of any lot or parcel of
land, the owner or the developer of the land included
within the limits of the district will obtain the ap-
proval of a Planning Commission of the City of Friends-
wood of a plat which will be duly recorded in the Map
and Plat Records of Harris County , Texas , and othercaise
comply with the rules and regulations of the Planning
Department of the City of Friendswood.
Wherefore, petitioners respectfully pray that this
petition be granted in all respects and that the City of Friendswood
give its written consent to the addition of the aforesaid land to
said district.
Dated at Harris County, Texas , this �� ��;f�����1�����
Y' U`
CLEAR WOODS IMPROVEMENT DISTRICT
ATTEST: , �� ,
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irector
� Lying wholly in Harris Coun�y, Texas , being 25 . 958 acres ,
more or less , out of the Sarah McKissick Survey, A-549 , and more
particuLarly described by metes and bounds as follows :
Beginning a� a point in the southeasterly right-of-way
line of Friendswood-Webster Road (60r00 feet wide) , said point also
being N 46° 56 ' 00" W, 20. 00 feet from the most westerly corner of
Fore$t Bend, Section 2 , a�cording to the map as recorded in Volume
174 , page 41 of the Map Records of Harris Caunty, Texas.
Thence , S 46° 56 ` 00" E , 540 . 05 feet t.o a point for cor-
ner.
Thence , S 44° 26 " 00" W, 1 ,865 � 20 �eet to a point �or cor-
ner.
Thence , N 45° 29 " 00" W, 107 . 80 feet to a point for cor-
ner.
Thence , S 44° 31' 00" W, 65 . 34 feet to a point for corner
in the northerly water' s edge of Clear Creek ,
Thence , in a Westerly direction follawing along the norther-
ly water' s edge of Clear Creek with its meanders as follows :
N 26° 23 ° 36" W, 46 . 48 feet
N 61° 17 ' 12" W, ?9 � 00 feet
N 76° 27 ' 48" W, 80 .50 feet
S 84° 10 ' 00" W, 130 . 65 feet
N 88° 46 " 23" W, 157- 98 feet
N 73° 27 ' 08" W, 47. 45 feet
N 68° 48' 16" W, 46 � 72 feet to a point ior corner,
said point being in the southeasterly right-of-way line of tne
said Friendswood-Webster Road.
Thence, N 31° 40 ' 00" E, 180 . 00 feet, following along the
southeasterly right-of-way line of the said Friendswood-Webster
Road to a point of curve�
Thence , in a Northeasterly direction continuing along the
southeasterly right-of-way line of the said Friendswood-Webster Road,
being a curve to the righ�, having a radius of 852 . 00 feet, a central
angle of 26° 31' 00" , a length of 394 . 31 feet , continuing a distance
of 394 . 31 feet to a point of tangency.
Thence , N 58° 11 ' 00" E, 234. 00 feet, continuing along the
southeasterly right-of-way line of the said Friendswood-Webster
Road to a point of curve.
Thence, in a Northeasterly direction following along the
southeasterly right-of-way line of the said Friendswood-Webster Road,
being a curve to the left, having a radius of 985 . 40 feet , a central
angle of 14° 05' 00" , a length of 242 . 21 feet, continuing a distance
of 242. 21 feet to a point o� tangency.
Thence , N 44° 06 ' 00" E, 1 ,18d . 68 feet, continuing along
the southeas�erly right-of-way line of the above said Friendswood-
Webster Road to a point for corner and the place of beginning of the
tract of land herein described.
Containing 25 . 958 acres , more or less .
EXHIBIT "A" � `