CC Resolution No. 2815 RESOLUTION NO. 2815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING CONSENT TO THE INCLUSION OF 124.4 ACRES IN THE KATE
DUGAT SURVEY, ABSTRACT NO. 416 AND THE A. B. J. WINFREE SURVEY,
ABSTRACT NO. 306,CHAMBERS COUNTY,TEXAS,INTO CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 3; 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 an
improvement 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 Chambers County Improvement District No.3,hereinafter referred to
as the "District," of 124.4 acres of land located within the extraterritorial jurisdiction of the City and more
specifically described in Section 1 hereof; and
WHEftt~AS, the City Council of the City is in support of the proposed annexation of the 124.4
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,who 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 of the proposed annexation, 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 124.4 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 cause a duplicate of these conditions to be approved,ratified and
executed by the governing body and officers of the District and will deliver or cause to be
delivered the executed agreement to the City Attorney of the City by which such approval
and ratification is evidenced.
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;
• establish,finance,provide,operate andmaintain a firedepartment and/orfire-
fighting services;
• design,acquire,construct and finance macadamized,graveled or paved roads
or improvements,including storm drainage,in aid of those roads;
• to provide such other facilities,systems,plants and enterprises as shall be
consonant with the purposes for which the District is created and permitted under
state law;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 15°i anniversary
of the date of issuance without premium.The bonds,other than refunding bonds and bonds
sold to a federal or state agency,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 951,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. To the extent any
bonds of the District are secured by a pledge of the revenues from the operation of the
District's system, the resolution authorizing the issuance of such 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 such 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,drainage,road and fire-fighting 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. All road and fire-
fighting facilities installed or used within the territory of the District shall conform to all
applicable specifications of the City. Prior to the construction of such facilities 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, drainage, road and fire-fighting
facilities shall be in accordance with the approved plans and specifications and with
applicable standards and specifications of the City. During the progress ofthe construction
2
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 ofthe 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. If applicable, 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 of the City.
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 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 level of rates may vary.
j. Treated Water and Sewer Services.The District currently intends to enter into a contract
with the City of Baytown for the purchase of treated water services and for the purchase of
wastewater treatment and disposal services for the District.The District agrees 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.
k. General Plan and Land Use.The land within the District will be developed in accordance
with the General Plan to be approved by the City.
1. Annexation at Any Time. In accordance with applicable law, the City may annex that
portion of the District within its Extraterritorial Jurisdiction at any time. The District
desires to and shall enter into a Strategic Partnership Agreement with the City, which
agreement shall address the imposition of City sales tax in the retail commercial areas of the
District and the imposition of the following chapters, articles and/or sections of the Code
of Ordinances, Baytown, Texas, along with all amendments thereto, in the retail
commercial areas of theDistrict:
Chapter 4 "Adult Commercial Establishments"
Chapter 42 "Health and Sanitation'
3
Chapter 82,Article III "Secondhand Goods — Junk and
AutomotiveWrecking Salvage"
Chapter 114 "Sewer and Water Line Extensions"
Chapter 118,Article III,Division 4,Subdivision IV"Chapter 118, "Signs —Regulations —
Location—Off-Premise Signs"alongwith
all Other provisions relating to off-
premise sign'
Chapter 130 "Zoning".
Section 3: 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 26°i day of January,2023.
DON CAPET LO, ayor
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ATTEST: ,`�F 6 yaQnpaW/V
IN�7rF r° my ,Y C,
Cox
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ANGELA JAMCSON,CityPCl
APPROVED AS TO FO,RM:
SCOTT LEMO D,Pity Attorney
R:IScott\Ordinances 01-26-23 ChambetsCountyAnnexation124#3.docx
4
EXHIBIT "A"
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3
THE STATE OF TEXAS §
COUNTY OF CHAMBERS §
TO THE HONOIt_ABLE MAYOR AND
CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
TEXAN HOSPITALITY, INC., being the holder of title to all of, and therefore, a
majority in value of the land hereinafter described, as such values are indicated by the tax rolls of
the central appraisal district of Chambers County, Texas ("Landowner"), and Chambers County
Improvement District No. 3, ("District") (Landowner and District hereinafter called "Petitioner"),
acting pursuant to the provisions of Section 54.016, Texas Water Code, as amended, respectfully
petition for consent to include additional land in a special district. In support of this petition,
Petitioner shows 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 and Article III, Section 52 of the
Constitution of Texas, , Chapter 8361, Texas Special District Local Laws Code, Chapters 49 and
54, Texas Water Code, as amended and was created by an Act of the 81" Texas Legislature.
Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the
District, as indicated by the tax rolls of the central appraisal district of Chambers County, Texas.
Landowner represents and warrants that the lienholder consenting to this petition below is the
only holder of liens against the land sought to be annexed.
11.
The land sought to be added to the District contains approximately 124.4 acres of land,
more or less, and lies wholly within Chambers County, Texas. Under the provisions of Vernon's
Texas Civil Statutes, Local Government Code, Section 42.001 et seg., as amended, said area is
within the extraterritorial jurisdiction of the City of Baytown, Texas, and is not within such
jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the
District.
III.
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.
IV.
The general nature of the work proposed to be done in the area sought to be annexed shall
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;
(3) gather, conduct, divert and control local storm water or other harmful excesses of
water in the area;
(4) establish, finance, provide, operate and maintain a fire department and/or fire-
fighting services ("firefighting-facilities") within the District subject to approval of the Texas
Commission on Environmental Quality pursuant to its rules and Chapter 49 of the Texas Water
Code, as amended, as and if required;
(5) finance, develop and maintain recreational facilities for the people of the District
if and as allowed by applicable law;
(6) design, acquire, construct, finance and issue bonds for roads pursuant to
applicable law, as amended ("Road Powers"), subject to the approval of the Texas Commission
on Environmental Quality, as,if, and when required; and
(7) to provide such other facilities, systems, plants and enterprises as shall be
consistent with the purposes for which the District is created and permitted under state law.
V.
The area of the District is urban in nature, is within the growing environs of the City of
Baytown, Texas and is in close proximity to populous and developed sections of Chambers
County, Texas. The District's area will,within the immediate future, experience a substantial and
sustained industrial and commercial growth. Therefore,there is a necessity for the improvements
described above for the following reasons:
(1) The land sought to be added to the District is not supplied with adequate water
and sanitary sewer facilities and services, or with adequate drainage facilities nor is it presently
-2-
economically feasible for such facilities to be added to said 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 adequate water, sanitary
sewer, and drainage facilities for and within the land sought to be added to the District.
(2) The present and future inhabitants of the District, the land sought to be added to the
District, and of territories adjacent thereto require recreational facilities, as same are necessary
and desirable for the health and well-being of such inhabitants. The land sought to be added to
the District does not currently include adequate recreational facilities.
(3) The present and future inhabitants of the District, the land sought to be added to
the District and of territories adjacent thereto may require fire-fighting facilities in order to
supplement or supplant fire-fighting services otherwise provided by governmental entities other
than the District,as fire-fighting services are necessary and desirable for the health and welfare of
such inhabitants.
(4) The present and future inhabitants of the District, the land sought to be added to
the District and of territories adjacent thereto require adequate road facilities, as same are
necessary and desirable for the health and welfare of such inhabitants, and for the orderly growth
of industrial and commercial development within the area and territories adjacent thereto. Road
Powers are of necessity to the land within the District and the land sought to be added to the
District as such powers will allow the District to construct, acquire, improve, and provide
financing for road facilities that may not otherwise be constructed in a manner that will
proactively address safety, capacity, durability, economic feasibility, and regional mobility
issues.
A public necessity exists for the addition of said lands to the District to promote and
protect the purity and sanitary condition of the State's waters and the public health and welfare of
the community, by and through the purchase, construction, extension,improvement,maintenance
and operation of a water supply and sanitary sewer system, drainage facilities,road facilities, and,
subject to the laws of the State of Texas and the rules of the Texas Commission on
Environmental Quality, fire-fighting facilities.
VI.
The Petitioner agrees and hereby covenants that if the requested consent to the annexation
of the land to the District is given, the Petitioner will adopt and abide by the conditions set forth
in Exhibit'B" attached hereto and incorporated herein for all purposes.
VII.
It is now estimated by the Petitioner from such information as is available at this time,
that the amount of bonds necessary to be issued to finance development costs contemplated
within the area proposed to be annexed will be approximately$20,555,000.
-3-
WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects
and that the City of Baytown, Texas give its consent to the annexation of the aforesaid land into
said District.
[Remainder ofpage intentionally left blank.]
A-
DATED THIS, pDday of t�►I.��' , 2022, TO BE ACCEPTED EFFECTIVE
THEE day of . 2022.
PETITIONER
TEXAN HOSPITALITY,INC.,
a Texas corporation
By: '441"'I'v. -1/
Name• ehdi Moh ed
Titl President
THE STATE OF TEXAS §
COUNTY OF _IJAMS §
This instrument was acknowledged before me on this &b day of AIAU6-F
2022,by Mehdi Mohammed,President of Texan Hospitality,Inc., a Texas corporation.
1•WSHAWD All,tNOTARYPUBLICjr lop ila clipml07
' Comm °�r04-o-2oat, Notary Publi in an for the
State ofTEXAS
(SEAL)
-5-
CHAMBERS COUNTY IMPROVEMENT
DISTRICT NO. 3
k
By:
Brian D. Cunningham
President,Board of Di tors
By: A
Bronson A. Clay
Secretary, Board of Directors
(SEAL)
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of AW 7t
2022, by Brian D. Cunningham, President of Chambers County Improvement DiArfct No. 3, on
behalf of said district.
TAMARA BEVEL "W-40-) 9:6�'W
��q►s:..V /�
Notary Public,state of Texas _j
Comm.Expires 10-05-2025 Notary Public in and for the
Notary ID 131305933 State of T E X A S
nn,a
(SEAL)
-6•
The undersigned, being the holders of liens against the property described in the
foregoing Petition for Consent to Include Additional Land in Chambers County Improvement
District No.3,hereby acknowledges and consents to said Petition.
THE FIRST LIBERTY NATIONAL BANK
B .
Name: (o
Title: SII�' _,
Attest:
By:
Name•
Title:. erve�t-L
THE STATE OF TEXAS §
COUNTY OF C r L�.LA) §
This instrument was acknowled ed before me on this 3fd day of
2022, by A of The First Liberty National Baa,a Texas
bank.
Notary Public in and for the
State ofTEXAS
ffN
BONNIE: GARCIA(SEAL) OTARY 10►+1264'179.2yCommiss�on expiresMay 08,202a
6335641
-7-
CCID No.3 Annex Tract Exhibit A K. Dugat Survey,A-416
124.4 Acres B.Winfree Survey,A-28
STATE OF TEXAS §
COUNTY OF CHAMBERS§
A METES & BOUNDS description of a certain 124.4-acre tract of land situated in the K. Dugat Survey,
Abstract No.416 and the B.Winfree Survey,Abstract Number 28 in Chambers County,Texas, being all of
a called 84.0932-acre tract conveyed to Texan Hospitality, Inc. by Warranty Deed with Vendor's Lien
recorded in Clerk's File No. 2021-165694 of the Chambers County Official Public Records, a portion of a
called 36.64-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed with Vendor's Lien
recorded in Clerk's File No. 2020-150275 of the Chambers County Official Public Records, all of a called
5.2303-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed recorded in Clerk's File
No. 2020-161871 of the Chambers County Official Public Records, and a portion of a called 17.37-acre
tract to conveyed Texan Hospitality, Inc by Special Warranty Deed with Vendor's Lien recorded in Clerk's
File No. 2021-163629 of the Chamber's County Official Public Records,said 124.4-acre tract being more
particularly described as follows with all bearings being based on the Texas Coordinate System of 1983,
South Central Zone;
BEGINNING at the southeast corner of said 84.0932-acre tract, common with the southwest corner of a
called 8.508-acre tract conveyed to Texan Hospitality, Inc. by Special Warranty Deed with Vendor's Lien
recorded in Clerk's File No.2021-163597 of the Chambers County Official Public Records and in the north
line of Farm to Market Road(FM)565;
THENCE,South 57°08'34"West, along the south line of said 84.0932-acre tract,common with the north
line of said FM 565, 1280.34 feet to a point at the beginning of a curve to the left;
THENCE, along said common line and the arc of said curve to the left having a radius of 3789.53 feet, a
central angle of 00"57'50", an arc length of 63.75 feet, and a long chord bearing South 56°39'39"West,
63.75 feet to a point at the beginning of a non-tangent curve to the left for the southwest corner of said
84.0932-acre tract,common with the southeast corner of the aforementioned 36.64-acre tract;
THENCE,along the south line of said 36.64-acre tract,common with the north line of said FM 565 and arc
of said non-tangent curve to the left having a radius of 5789.57 feet,a central angle of 05"23'30",an arc
length of 544.81 feet,and a long chord bearing South 53044'33"West,S44.61 feet to a point for the south
corner of said 36.64-acre tract, being in the east line of a called 3.00-acre tract of land conveyed to East
Houston Oil&Gas, LLC by Assignment,Bill of Sale and Conveyance recorded in Volume 519, Page 268 of
the Chambers County Official Public Records;
THENCE,North 21'07'44"West,along the west line of said 36.64-acre tract,common with the east line of
said 3.00-acre tract,408.49 feet to a point for the northeast corner of said 3.00-acre tract,common with
the southeast corner of a called 5.2303-acre tract conveyed to East Houston Oil & Gas LLC by Special
Warranty Deed recorded in Clerk's File No.2020-0161872 of the Chambers County Official Public Records;
THENCE, North 00°08'28" East,along the east line of said 5.2303-acre tract,680.78 feet to a point for the
northeast corner of said 5.2303-acre tract;
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CCID No.3 Annex Tract K. Dugat Survey,A-416
124.4 Acres B.Winfree Survey,A-28
THENCE,South 87"39'37"West,along the north line of said 5.2303-acre tract,764.84 feet to a found 5/8
inch iron rod for the northwest corner of said 5.2303-acre tract,common with the southeast corner of the
aforementioned 5.2303-acre tract to Texan Hospitality, Inc.;
THENCE, North 86°21'52'- West,along the south line of said 5.2303-acre tract to Texan Hospitality, Inc.,
506.13 feet to a point for the southwest corner of said 5.2303-acre tract to Texan Hospitality, Inc.;
THENCE, North 04°36'22" West, along the west line of said 5.2303-acre tract to Texan Hospitality, Inc.,
548.24 feet to a point for corner for the northwest corner of said 5.2303-acre tract to Texan Hospitality
Inc, being in the south line of a called 7.87-acre tract conveyed to Bat Hawk Investments Group, LP by
Special Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2018-138299 of the Chambers
County Official Public Records;
THENCE, North 87°39'24" East, along the north lines of said 5.2303-acre tract to Texan Hospitality, Inc.
and the aforementioned 36.64-acre tract, common with the south lines of said 7.87-acre tract, a called
5.840-acre tract conveyed to Chambers County Improvement District No. 3 by Special Warranty Deed
recorded in Volume (11) 1292, Page 274 of the Chambers County Official Public Records and a called
57.09-acre tract conveyed to Bat Hawk Investments Group, LP by Special Warranty Deed with Vendor's
Lien recorded in Clerk's File No. 2018 138299 of the Chambers County Official Public Records, 1598.73
feet to a point at the southeast corner of said 57.09-acre tract, common with a western corner of the
aforementioned 84.0932 acre tract;
THENCE, North 02"31'16"West,along the west line of said 84.0932-acre tract,common with the east line
of said 57.09-acre tract, 1843.00 feet to a point for the northwest corner of said 84.0932-acre tract,
common with the northeast corner of said 57.09-acre tract, being in the south line of Kilgore Parkway
(120'right-of-way)recorded in Volume(09)1148,Page 479 and Volume(09)1092, Page 242, both of the
Chambers County Official Public Records;
THENCE, North 87°28'13" East, along the north line of said 84.0932-acre tract, common with the south
line of said Kilgore Parkway, 1313.08 feet to a point for the northeast corner of said 84.0932-acre tract,
being in the west line of the aforementioned 17.37-acre tract;
THENCE, North 87°28'13" East, along the north line of the said 17.37-acre tract, 146.13 feet to a set 5/8-
inch iron rod(with cap stamped"Jones l Carter Property Corner"),being in the west line of a called 1.5237-
acre tract to Edwin F Bailey and Susan C Bailey by Warranty Deed with Vendor's Lien recorded in Clerk's
File Number 1995-6219B of the Chambers County Official Public Records;
THENCE,South 04"00'04"East,along the west line of said 1.5237-acre tract,the west line of a called 2.000-
acre tract to Lawrence Gibson and Debra Gail Gibson by Correction Deed recorded in Clerk's File Number
1996-1842B of the Chambers County Official Public Records,the west line of a called 2.000-acre tract to
Ray Terry Sr and Judy K.Terry by Warranty Deed with Vendor's Lien recorded in Clerk's File Number 1996-
4914E of the Chambers County Official Public Records, and the west line of a called 1.5240-acre tract to
Ray Terry Sr and Judy K.Terry by Warranty by Warranty Deed with Vendor's Lien recorded in Clerk's File
Number 2002-3232B in Chamber's County Official Public Records,738.11 feet to a point;
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CCID No.3 Annex Tract K. Dugat Survey,A-416
124.4 Acres B.Winfree Survey,A-28
THENCE,South 39°06'31"East,along the west line of said 1.S24-acre tract and common with the east line
of aforementioned 17.37-acre tract,26.46 feet to a point;
THENCE, South 12°49'07" East, along said common line, 37.36 feet to a point along the north line of a
called 1.999-acre tract to Cortland M.Weston by General Warranty Deed recorded in Clerk's File Number
2002-7613B of the Chamber's County Official Public Records;
THENCE, North 89"17'01" West, partially along the north line of said 1.999-acre tract, common with an
east line of aforementioned 17.37-acre tract, 100.30 feet to a point;
THENCE,South 04"30'40" East,780.91 feet to a point along the north line of the aforementioned 8.508-
acre tract;
THENCE North 79'06'05"West,along the north line of said 8.508-acre tract,common with the south line
of said 17.37-acre tract,62.24 feet to a point in the east line of the aforementioned 84.0932-acre tract;
THENCE,South 04'30'40" East,along the east line of said 84.0932-acre tract,common with the west lines
of said 17.37-acre tract and the said 8.508-acre tract,280.13 feet to a point;
THENCE,South 04'29'2S" East,along the east line of said 84.0932-acre tract,common with the west line
of said 8.508-acre tract, 689.97 feet to the POINT OF BEGINNING, CONTAINING 124.4 acres of land in
Chambers County, Texas, as shown in drawing number 7373 in the office of Quiddity Engineering in
Bellaire,Texas.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the political subdivision for which it
was prepared."
I, Steven Jares, a Registered Professional Land Surveyor, do hereby certify that this metes & bounds
accurately describes the boundaries of an annex tract for Chambers County Improvement District No.3.
WITNESS MY HAND AND SEAL this day of 1 1 —120,E
Quiddity Engineering, LLC
West Loop South,Suite 150 OF
Bellaire,Texas 77401 �1" �S r rF'F9
ip
(713)777-5337
7exps Board of 4'rofessionaCLandSur'veying :. ..
fgistration,No.10046100 , ....................TEVEN JAR T
5317
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EXHIBIT"B"
CONDITIONS TO CONSENT TO CREATION OF
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3
a. Ratification of Conditions of Consent. Prior to the sale or offer to sell any bonds of the
District, the petitioners will cause a duplicate of these conditions to be approved, ratified
and executed by the governing body and officers of the District and will deliver or cause
to be delivered the executed agreement to the City Attorney of the City by which such
approval and ratification is evidenced.
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;
• establish, finance,provide, operate and maintain a fire department and/or fire-fighting
services;
• design, acquire, construct and finance macadamized, graveled or paved roads or
improvements, including storm drainage,in aid of those roads;
• to provide such other facilities, systems, plants and enterprises as shall be consonant
with the purposes for which the District is created and permitted under state law; 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 151h
anniversary of the date of issuance without premium. The bonds, other than refunding
bonds and bonds sold to a federal or state agency, 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 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 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. To the extent any bonds of the District are secured by a pledge
of the revenues from the operation of the District's system, the resolution authorizing the
issuance of such 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 such
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, drainage, road and fire-fighting 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.
All road and fire-fighting facilities installed or used within the territory of the District
shall conform to all applicable specifications of the City. Prior to the construction of
such facilities 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,
drainage, road and fire-fighting 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. If applicable, 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 of the City.
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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 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 level of rates may
vary.
j, Treated Water and Sewer Services. The District currently intends to enter into a
contract with the City of Baytown for the purchase of treated water services and for the
purchase of wastewater treatment and disposal services for the District. The District
agrees 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.
k. General Plan and Land Use. The land within the District will be developed in
accordance with the General Plan to be approved by the City.
1. Annexation At Any Time. In accordance with applicable law, the City may annex that
portion of the District within its Extraterritorial Jurisdiction at any time. The District
desires to and shall enter into a Strategic Partnership Agreement with the City, which
agreement shall address the imposition of City sales tax in the retail commercial areas of
the District and the imposition of the following chapters, articles and/or sections of the
Code of Ordinances, Baytown, Texas, along with all amendments thereto, in the retail
commercial areas of the District:
Chapter 4 "Adult Commercial Establishments"
Chapter 42 "health and Sanitation"
Chapter 82,Article III "Secondhand Goods—Junk and
AutomotiveWrecking Salvage"
Chapter 114 "Sewer and Water Line Extensions"
Chapter 118,Article III, Division 4, Subdivision IV "Signs—Regulations—Location—
Off-Premise Signs" along with all
Other provisions relating to off-
premise signs
Chapter 130 "Zoning".
209680.2
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