Ordinance No. 15,846 ORDINANCE NO. 15,846
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF
THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3;AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to an
Extension of the Agreement for Emergency Protection Services with Chambers County
Improvement District No. 3. A copy of said extension is attached hereto, marked Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance 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 27"' day of June, 2024.
BRANDON CAPETILLO, nayor
A ST:
i
- � r
ANGELA CKSON, C9ty Clerk'%�`
APPROVED AS FORM:
SCOTT LE r
ND, City Attorney
R:Vance Hinds Ordinances 2024\2024.06.27 Ordinance Extension Emergency Protection Services with CCID No.3-Renewal.docx
EXHIBIT "A"
EXTENSION OF THE AGREEMENT FOR
EMERGENCY PROTECTION SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This EXTENSION AGREEMENT is made, entered into and effective as of the 1 S` day of July,
2023,by and between the CITY OF BAYTOWN,Texas,a municipal corporation located in Harris County
and Chambers County, Texas (the "CITY"), and Chambers County Improvement District No. 3, (the
"DISTRICT"),having a territory and facilities in Chambers County,Texas.
WHEREAS,the City Council approved the Agreement for Emergency Protection Services between
the CITY and the DISTRICT on June 14, 2012, for the CITY to provide emergency support and backup
protection to the DISTRICT's territory and facilities therein(the"Agreement");and
WHEREAS, the Agreement was renewed on November 8, 2018, and October 24, 2019, was
extended by council on June 24,2021, and June 23, 2022; and
WHEREAS,the Agreement will expire June 30,2023;and
WHEREAS, the CITY and the District desire to extend the Agreement for a one-year period in
order to continue the development of a payment structure to recoup costs expended for fire and emergency
medical services within the DISTRICT;
NOW THEREFORE,in consideration of the promises and of the mutual covenants and agreements
herein contained,the CITY and the DISTRICT agree as follows:
1. That the CITY and the DISTRICT agree to extend the term of the Agreement for Emergency
Protection Services,which is attached hereto as Exhibit"A"and incorporated herein for all intents
and purposes,until June 30, 2024,under the same terms.
2. It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and
persons performing emergency services for fire,chemical and medical emergencies at the Territory.
3. In the event of any ambiguity in any of the terms of this Extension Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the same.
4. This Extension Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas,regardless of the place of its execution or performance.
The place of making and the place of performance for all purposes shall be Baytown,Harris County,
Texas.
5. This Extension Agreement shall bind and benefit the CITY and the DISTRICT and shall not bestow
any rights upon any third parties.
6. This Extension Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. This Agreement
shall not be amended or modified without the express written consent of both parties hereto.
7. The officers executing this Extension Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Extension Agreement and to bind the party he/she
represents.
Extension Agreement, Page l
IN WITNESS WHEREOF,the parties have executed this Extension Agreement as of the date first
set forth above in multiple copies, each of which shall be deemed to be an original,but all of which shall
constitute but one and the same agreement.
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Authorized Agent's Signatu
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Authorized Agent's Printe ame
Authorized Agent's Title
ATTEST:
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Signature
Printed Name
5ecre.;b
Title
CITY OF BAYTOWN
JASON E.REYNOLDS
City Manager
ATTEST?
ANGELA JACKSON
City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND
City Attorney
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Extension Agreement,Page 2
EXHIBIT "A"
AGREEMENT FOR EMERGENCY PROTECTION SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT is made, entered into and effective as of the r f1l day of
tnbQ r- , 2012, by and among the CITY OF BAYTOWN, Texas, a municipal corporation
located in Harris County and Chambers County, Texas (the "CITY"), and Chambers County
Improvement District No. 3, (the "DISTRICT"), having a territory and facilities in Chambers County,
Texas, and GRAND PARKWAY/KILGORE PARKWAY, LP, a Texas limited partnership, (the
"GUARANTOR"),owning property within the territory of the DISTRICT;and
WHEREAS, the CITY will provide fire fighting support and backup protection to the
DISTRICT's territory and facilities therein, but shall not be obligated to purchase any additional
equipment or build any additional facilities in order to provide such support and backup protection, it
being the intent of the parties that the level of protection be that which was being provided by the CITY
as of the date of said Agreement;and
WHEREAS the DISTRICT's territory includes real and personal property used in the logistics,
warehousing, distribution, manufacturing, refining and chemical manufacturing, research, support, and
office facilities used in direct support of these operations situated either contiguous thereto or separated
by roads, which territory is more specifically identified in Exhibit "A," which is attached hereto and
incorporated herein for all intents and purposes(hereinafter referred to as the"Territory");and
WHEREAS, the DISTRICT desires the CITY to provide fire fighting and rescue services to the
Territory in support of which the DISTRICT shall make certain payments to the CITY to enable the
CITY's Fire Department to improve fire fighting and rescue response capabilities;and
NOW THEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained,the CITY and the DISTRICT agree as follows:
1. The CITY will respond, at the request of the DISTRICT or landowners and tenants in the
DISTRICT, with emergency services for fire,chemical and medical emergencies at the Territory
which escalate above the incipient or internal response capability of the personnel of the
landowners and tenants within the Territory, which services will be provided with reasonable
promptness to the extent the equipment, facilities, personnel, training and other resources
available to the CITY will, from time to time,permit.
2. The CITY represents that Exhibit"B,"attached hereto is,to the best of its knowledge and belief,
a complete listing of the CITY's fire and chemical protection equipment, facilities, materials,
training,personnel and other emergency response resources,which,as of the effective date of this
Agreement, may be utilized for response in the event of an emergency within the Territory as
described herein. Upon the written request of the DISTRICT as described hereinbelow,the CITY
shall amend Exhibit "B"annually to reflect all such resources which have been acquired and/or
retired during the CITY's prior fiscal year, irrespective of the source of such resources. The
CITY shall prepare this amended Exhibit "B"within thirty (30) days after the DISTRICT makes
a written request therefor.
3. The CITY's Rules and Regulations for Baytown Fire and Rescue Services and Operations
Manual ("Standard Operating Procedures")governing the response to the various emergencies, in
conjunction with the availability of resources, shall dictate the CITY's initial response to
emergency situations reported by the DISTRICT to the CITY. The Chief of the CITY's Fire
Department or the senior Fire Officer on the.scene,i.e.,the Incident Commander,shall,with the
assistance and cooperation of plant/facility officials within the Territory and analysis of the stand-
by resources required, determine the level of additional CITY, Channel Industries Mutual Aid
("CIMA")and/or other outside response required.
4. In addition to the obligation of the DISTRICT, Its landowners or tenants to pay all reimbursable
expenses required herein, the DISTRICT shall make annual payments to the CITY during the
term or terns of this Agreement,as provided in this Paragraph.
For the services required to be rendered herein, the DISTRICT shall pay quarterly payments
equal to following based upon the fair market value of all of the land and all other tangible
property. real,personal or mixed,within the DISTRICT'S territory as most recently certified by
the chief appraiser of the Chambers County Appraisal District:
>$I 000 000 to <$10 000.000 $ 2,500
>$ 10.1 .01 to <$50,000,000 $ 10,000
>$$0,000,000 to <$100,000,090 $ 15,000
>$ 100 000.000 to <$200.000.000 $25,000
$25,000
or
>$200,000,000 (Actual Market Value x.040A)14
whichever is greater
The parties agree that to determine the fair market value of all of the land, improvements, and
tangible property located within the DISTRICT'S territory in accordance with the market value
computation contemplated in the Texas Property Tax Code for the purpose of calculating the
DISTRICT's payment in the manner described above. The calculation of fair market value shall;
a. be made without reference to the exemption for pollution control property in
Section 11.31, Texas Property Code, and Article VIII, Section 14, Texas
Constitution, as the same presently exist or may hereinafter be amended, using
the fair market value of pollution control equipment as certified by the Chambers
County Appraisal District.
b. not be limited to only properties for which a rental market exists if the income
method of appraisal as described in Section 23.012 of the Texas Property Tax
Code is used,instead if such method is used,the chief appraiser shall:
(1) use income and expense data pertaining to the property, If possible and
applicable;
(2) make any projections of future income and expenses only from clear and
appropriate evidence;
(3) use data from generally accepted sources in determining an appropriate
capitalization rate;and
(4) determine a capitalization rate for income-producing property that
Includes a reasonable return on investment,taking into account the risk
associated with the investment.
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c. be calculated without reference to any new tax exemption or any increase in an
existing tax exemption enacted after January 1,2012.
The quarterly payments for each Contract Year will be due on the first(1st)day of April,July,
October, and January of such Contract Year. Failure of the DISTRICT to make payments in a
timely manner will be considered a material breach of this Agreement and will result in interest in
the amount of I%per month being accessed on all delinquent amounts. Additionally for such a
material breach,the CITY,in its sole discretion,shall have the right,but not the obligation,(i)to
suspend services until the DISTRICT makes payment in Rill or(ii)to terminate this Agreement.
In the event of suspension or termination,the CITY shall provide the DISTRICT written notice of
the same.
5. The DISTRICT agrees that in receiving assistance from the CITY or other CIMA members,the
DISTRICT shall replace material used,and shall repair or replace equipment lost or damaged in
the control of a fire or emergency situation within the Territory, in cash based on current
replacement cost or In kind,in the same manner as specified In Section 2.6 of the CIMA Bylaws
adopted December 28, 2010, unless otherwise specified herein, which bylaws are by this
reference incorporated herein by this reference for all intents and purposes. Reimbursement of
damaged or lost equipment is required without regard to the cause or causes thereof(including
damage or loss caused by preexisting conditions) or the negligence of any party or parties,
including,but not limited to the owner,the operator,the CITY and any CIMA member,as well as
their respective officers, agents or employees, whether such negligence be sole, joint or
concurrent active or passive. Material used includes, but is not limited, to, fire fighting foam,
hazardous materials containment or absorbent materials and chemical protective clothing and
equipment. Reimbursement of monies expended is required without regard to the cause or causes
thereof or the negligence of any party or parties, whether such negligence be sole,joint, or
concurrent,active or passive.
The obligations in this Paragraph 5 shall be In addition to and shall remain in effect
notwithstanding termination of the payments described in Paragraph 4 or the termination of this
Agreement. The reimbursements required pursuant to this Paragraph 5 shall be due within thirty
(30)days after the CITY renders the services resulting In the DISTRICT's obligation to replace
material used,and/or to repair or replace equipment lost or damaged In the control of a fire or
emergency situation within the Territory. Failure of the DISTRICT to make payments In a timely
manner will be considered a material breach of this Agreement and will result in interest in the
amount of 1% per month being accessed on all delinquent amounts. Additionally, for such a
material breach,the CITY,in its sole discretion,shall have the right,but not the obligation,(1)to
suspend services until the DISTRICT makes payment in full or(ii)to terminate this Agreement.
In the event of suspension or termination,the CITY shall provide the DISTRICT written notice of
the same.
6. The DISTRICT understands and agrees that should the CITY seek assistance from CIMA for fire-
fighting, rescue, Hazmat and/or medical manpower and facilities or any other assistance in an
emergency situation within the Territory, the DISTRICT shall sign a CIMA Non-member
Emergency incident Assistance and Reimbursement and Indemnification Agreement(the"CIMA
Agreement")and shall abide by the terms thereof. Should the DISTRICT fail for any reason to
sign the CIMA Agreement, the DISTRICT shall still be responsible for all expenses the CITY
incurs in complying with Section 2.6 of the CIMA Bylaws,passed on December 28,2010. The
DISTRICT understands and agrees that all CIMA reimbursement costs Incurred by the CITY, for
whatever, reason shall be borne by the DISTRICT. Should any of the provisions of this
Agreement conflict with the terms of the CIMA Agreement, irrespective of whether the
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DISTRICT signs such agreement,those provisions providing the most protection to the CITY,as
determined.by the CITY,shall control.
ALL PROVISIONS CONCERNING REIMBURSEMENT OBLIGATIONS UNDER THIS
AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION HEREOF.
7. The GUARANTOR owns land within the territory of the DISTRICT which will benefit
from this-Agreement. For, and in consideration of said benefit, by the execution of this
Agreement in the space provided below,the GUARANTOR guarantees the performance
of all obligations incumbent upon the DISTRICT under the terms of this Agreement,
including but not limited to, the obligations of the DISTRICT to pay from time to time
any and all of the amounts due to the CITY. By the execution of this Agreement, the
GUARANTOR agrees that the CITY shall have the right to look directly to the
GUARANTOR for the performance of all such obligations of the DISTRICT hereunder,
to collect directly from the GUARANTOR such sums due from the DISTRICT
hereunder, and ,to proceed directly against the GUARANTOR in the event of the
DISTRICTS failure to pay such amounts hereunder, provided, however, that this
guaranty of performance and the GUARANTOR'S obligations hereunder shall terminate
upon the sale by the DISTRICT of.its first series of bonds to finance water, sanitary
sewer and/or drainage facilities or improvements within the DISTRICT.
The GUARANTOR unconditionally and irrevocably further agrees to pay all reasonable
expenses and charges, including court costs and fees and disbursements of counsel,paid
or incurred by the CITY in realizing upon any of the amounts guaranteed hereby or in
enforcing this guaranty. Each and every default of the DISTRICT in the performance of
its obligations under this. Agreement shall give rise to a separate cause of action
hereunder, and separate suits may be brought hereunder as each cause of action arises.
No delay or omission to exercise any right or power accruing upon any default,omission,
or failure of performance hereunder shall impair any such right or power or shall be
construed to be a waiver thereof,but any such right or-power may be exercised from time
to time and as often as may be deemed expedient. The obligations, covenants,
agreements, and duties of the GUARANTOR shall be absolute and unconditional and
shall remain in full force and effect until the termination of this guaranty.
The CITY shall be entitled to bring any suit, action, or proceeding against the
GUARANTOR for the enforcement of any provision of this guaranty,and it shall not be
necessary in any such suit, action,or proceeding to make the DISTRICT a party thereto.
Until all of the amounts guaranteed hereby and other obligations covered hereby shall
have been paid or performed in full, the GUARANTOR shall have no right of
subrogation and waives any right to enforce any remedy which the DISTRICT now has
or may hereafter have against the CITY.
8. The term of this Agreement shall commence on the effective date of this Agreement and shall
continue for an initial term*of six (6) years from such date("Initial Teruel, unless terminated
pursuant to Paragraph 4 or 5 hereinabove. Following the Initial Term,this Agreement may be
renewed for an additional four-year term upon agreement of the parties. Each year during the
Initial Term and any successive term of this Agreement,commencing on April 1 of each year and
ending March 31 of the following year,shall be deemed a"Contract Year"hereunder.
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9. The parties understand and agree that the suspension or termination of this Agreement for any
reason has no effect on any Industrial District Agreement between the CITY and the any entity
lying within the Territory. All such agreements shall remain in full force and effect pursuant to
its term and conditions thereof.
10. The parties understand and agree that this Agreement shall remain in full force and effect
pursuant to its terms and conditions,throughout the term or terms hereof;provided,however,that
if.
(a) the CITY and/or the DISTRICT are unsuccessful in preventing an annexation or
incorporation by another municipality or
(b) the CITY annexes a portion of the Territory,
the CITY or the DISTRICT may, in its sole discretion, terminate this Agreement only for that
portion of the Territory affected by the annexation or incorporation at any time after the effective
date of such annexation or incorporation. The,DISTRICT may terminate this Agreement on one
hundred eighty(180)days notice if it determines,in good faith,that the CITY is not providing an
adequate level of fire,chemical and medical emergency services to the DISTRICT.
11. In the event the terns and conditions of this Agreement are rendered ineffective or that their
effect is changed by the constitution,any Legislative changes,or any interpretation of Texas law,
both parties agree that this Agreement shall be renegotiated to accomplish the intent and purposes
of this Agreement.
12. THE DISTRICT AGREES TO INDEMNIFY AND DEFEND THE CITY IN ACCORDANCE
WITH THE INDEMNIFICATION PROVISIONS CONTAINED IN THE CiMA
AGREEMENT, DEFINED IN PARAGRAPH 6, SAID AGREEMENT BEING.ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT"C."
13. The DISTRICT shall procure and maintain at its sole cost and expense for the term(s) of the
Agreement insurance against claims for Wuries to person or damages to property which may
arise from or in connection with the performance of the work hereunder by the CITY, its agents,
representatives,volunteers,employees or subcontractors.
13.1 The DISTRICT's insurance coverage shall be primary insurance with respect to the
CITY, its officials, employees and agents. Any insurance or self-insurance maintained
by the CITY, its officials, employees or agents shall be considered in excess of the
DISTRICT's insurance and shall not contribute to it.
13.2 The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
a. Commercial General Liability
0 General Aggregate: $1,000,000
■ Per Occurrence: $500,000
• Coverage shall be at least as broad as ISO CO 00 0212 07
■ No coverage shall be deleted from standard policy without notification of
Individual exclusions being attached for review and acceptance.
5
b. Business Automobile Policy
® Combined Single Limits: $1,000,000
or
BI per person$100,000
BI per accident$300,000
PD per accident$100,000
® Coverage for"Any Auto"
I3.3 The following is applicable to all policies of insurance required In Paragraph 12.2:
a. Insurance carrier for all liability policies must have an A.M. Best Rating of
B+:VIII or better.
b. Only insurance carriers licensed and admitted to do business in the State of Texas
will be accepted.
C. LiabIlity policies must be on occurrence form.
d. Each Insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after
thirty(30) days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
e. The CITY, its officers, agents and employees are to be added as Additional
Insureds to all liability policies. If the DISTRICT chooses to Self-Insure, the
General Liability and Automobile Liability Insurance requirements of Paragraph
12.2,then the DISTRICT's extension of Additional Insured Status to the CITY,
Its officers,agents and employees shall-be governed by the applicable Indemnity
Agreement in the By-Laws of CIMA Section 2.6.
f. Upon request and without cost to the CITY, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the CITY.
g DISTRICT shall file with the CITY valid Certificates of Insurance and
endorsements acceptable to the CITY and shall provide updates of the same
throughout the term hereof.
14. All notices required to be given hereunder shall be given in writing by overnight, or facsimile
transmission,or by certified or registered mail at the respective addresses of the parties set forth
herein or at such other address as may be designated in writing by either party. Notice given by
mail shall be deemed given three days after the date of mailing thereof to the following addresses:
DISTRICT
Chambers County Improvement District No.3
Attn:Peter T.Harding
Schwartz,Page&Harding,L.L.P.
1300 Post Oak Boulevard
Suite 1400
Houston,TX 77056
Fax No.(713)623-6143
6
CITY
City of Baytown
Attn: City Manager
P.O.Box 424
Baytown,TX 77522
Fax No. (281)420-6586
15. It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and
persons performing emergency services for fire, chemical and medical emergencies at the
Territory.
16. The DISTRICT shall not sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without the prior written consent of CITY,which consent shall not
be unreasonably withheld.
17. Notwithstanding anything to the contrary contained in this Agreement, the CITY and the
DISTRICT hereby agree that no claim or dispute between the CITY and the DISTRICT arising
out of or relating to this Agreement shall be decided by any arbitration proceeding including,
without limitation,any proceeding under the Federal Arbitration.Act(9 U.S.C.Sections 1-141 or
any applicable State arbitration statute, Including, but not limited, to the Texas General
Arbitration Act,provided that in the event that the CITY is subjected to an arbitration proceeding
notwithstanding this provision,the DISTRICT consents to be joined in the arbitration proceeding
If the DISTRICT's presence is required or requested by the CITY of complete relief to be
recorded in the arbitration proceeding.
18. In the event of any ambiguity In any of the terms of this Agreement,it shall not be construed for
or against any party hereto on the basis that such party did-or did not author the same.
19. This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be
Baytown,Harris County,Texas.
20. This Agreement shall bind and benefit the CITY and the DISTRICT and shall not bestow any
Tights upon any third parties.
21. Failure of either party hereto to insist on the strict performance of any of the agreements herein or
to exercise any rights or remedies accruing thereunder upon default or failure of performance
shall not be considered a waiver of the right to insist on and to enforce,by an appropriate remedy,
strict compliance with any other obligation hereunder or to exercise any right or remedy
occurring as a result of any future default or failure of performance.
22. This Agreement contains all the agreements of the parties relating to the subject matter hereof and
is the full and final expression of the agreement between the parties. This Agreement shall not be
amended or modified without the express written consent of both parties hereto.
23. The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
7
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first set forth
above in multiple copies,each of which shah be deemed to be an original,but all of which shall constitute
but one and the same Agreement.
CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO.3
By:
Signature
rinted Name
Title
ATTEST:
�/1
Signature
U,kUam �AoOtlr
Printed Name
se�c��b�ah Pt•a i Eri,
Title
CITY OF BAYTOWN
O�RLI❑BERT D.LEIPER
City Manager
T:
ICIA BRYSCH
Ci Clerk
8
APPROVED AS TO FORM:
e-WNACIO RAMIREZ,SR.
City Attorney
GRAND PARKWAY/KILGORE
PARKWAY, LP,a Texas limited
partnership
By: Parkside Capital,LLC, a
Texas limited liability
company, its general partner
Si re
Printed Name
Title
ATTEST:
Signa
J,✓� Moog
Printed Name
Title
NCobfs0lVegellKeten\Filcs%ContnctslFin Protection AgteemoACCID 031FirePtole6lionmdRefeueServiceeAgreemenlCleanWith CUILMntee.doc
9
EXE11113 f'A
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No. 25
R.A.West Survey-
Abstract No.314
Kate Dugat Survey
Abstract No.416
A.B.J.Winfree Survey
Abstract No. 308
STATE OF TEXAS §
COUNTY OF CHAMBERS §
A METES & BOUNDS description of a certain 880.30 acre, tract, situated In the Jacob
Townsend Survey, Abstract No. 25, the R.A.West Survey, Abstract No. 314, the Kate Dugat
Survey, Abstract No. 416, and the A. B. J. Winfree Survey, Absract No. 306 all In Chambers
County,Texas;being all of a called 285.48 acre tract(Tract 1), all of a called 129.98 acre tract
(Tract 2).and all of a called 254.14 acre tract(Tract 3)described In Special Warranty-Dead with
Vendor's Lien recorded in Volume (08) 1087, Page 264 of the Chambers County Official Public
Records, and all of a.called 210.72 acre tract described in Special Warranty Deed recorded In
Volume(08) 1074, Page 223 of the Chambers County Official Public Records;said 880.30 acre
tract being comprised of three tracts and being more particularly described as follows with all
bearings being based on the Texas Coordinate System,South Central Zone,NAD83;
Tract 1—285.48 acres
BEGINNING at the northeast corner of said called 285.48 acre tract, being common with a
northwest comer of a called 11.89 acre tract conveyed to Coastal Industrial Water Authority
recorded in Volume 313,Page 663 of the Chambers County Deed Records;
THENCE, South 04°19'04"West, 2883.79 feet to a point for corner in the beginning of a curve
to the right;
THENCE, along the arc of said curve to the right,having a radius of 930.06 feet, a central angle
of 12*3Z57", an are length of 203.71 feet, and a long chord bearing South 10035'34" West,
203.30 feet to a point for corner;
THENCE, South 16155'29" West, 1096.02 feet to a point for corner marking the southeast
corner of the aforementioned called 285.48 acre tract;
THENCE, South 87037'03"West, along the south line of said called 285.48 acre tract,3049.05
feet to a point for coemer marking the southwest corner of the said called 285.48 acre tract;
THENCE, North 01°4333" West, along a west line of the said called 285.48 acre tract, being
common with the east line of the B.B.B.&C. R.R.Co. Survey,Abstract No.61, 1108.94 feet to a
point for corner marking a southern northwest corner of the said called 286.48 acre tract;
THENCE. North 80'14'58" East, along the lower west line of the said called 285.48 acre tract,
421.47 feet to a point for corner marking an interior comer of the said called 285.48 acre tract;
t
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.416
A. B.J.Winfree Survey
Abstract No.306
THENCE, North 02°3W44"West, along the upper west line of the said called 285.48 acre tract,
2708.36 feet to a point for corner marking the northwest corner of said called 285AB acre tract,
said point being the occupied northwest corner of the Jacob Townsend Survey,Abstract 25;
THENCE, North 87004'16" East, along the north line of the called 285.48 acre tract (common
with the north line of the Jacob Townsend Survey, Abstract 25), 1773.49 feet to a point for
corner;
THENCE, North 8715145" East, along the north line of the called 285.48 acre tract (common
with the north line of the Jacob Townsend Survey, Abstract 25), 1579.36 feet to the POINT OF
BEGINNING,CONTAINING 285.48 acres of land In Chambers County,Texas
Tract I1-129.96 acres
BEGINNING at the northeast corner of the aforementioned 129.96 acre tract(in the north line of
the Jacob Townsend Survey, Abstract 25), said point also marking the northwest corner of a
called 40.801 acre tract (Parcel 18) as described in Second Amended Notice of Lis Pendis
recorded in Volume(07)934, Page 280 of the Chambers County Official Public Records;
THENCE,South 29047'53"West, along the east line of said 129.96 acre tract,common with the
west line of said 40.801 acre tract being the west right-of-way line of State Highway 99,2795.10
feet to a point for corner at the beginning of a curve to the left;
THENCE,along the arc of said curve to the left, having a radius of 4019.72 feet, a central angle
of 2301604", a chord length of 1623.51 feet, and a long chord bearing South 18C08'51"West,
continuing in all a total arc length of 1634.75 feet to a point for comer at the southeast comer of
the said 129.96 acre tract, said point also marking the southwest comer of said 40.801 acre
tract;
THENCE, South 87039'30" West, along the south line of said 129.96 acre tract (common with
the south line of the Jacob Townsend Survey, Abstract 25), 1005.32 feet to a point for corner
marking the southwest comer of said 129.96 acre tract, being in the occupied east right-of-way
line of Needlepoint Road(as described in the parent tract deed);
THENCE, along the west line of said 129.96 acre tract,described as being common with the
occupied east right-of-way line of Needlepoint Road the following nine (9) courses and
distances:
1. North 16024'09"East, 1157.81 feet to a point for corner;
2. North 15019'42"East,41.33 feet to a point for comer;
2
Chambers County improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.418
A. B.J.Winfree Survey
Abstract No.306
3. North 15023'18" East,55.80 feet to a point for comer;
4. North 17010'54"East,45.19 feet to a point for comer;
5. North 084381 T'East,37.06 feet to a point for comer;
6. North 02031'50"East,54.46 feet to a point for corner;
7. North 01 05T55"East,47.69 feet to a point for corner;
8. North 0102Z26"East, 524.67 feet to a point for corner;
9. North 04128'33" East, 2045.44 feet to a point for corner marking the northwest corner of
said 129.96 acre tract;
THENCE, North 89--lZ24" East, with the north line of said 129.96 acre tract (common with the
north line of the Jacob Townsend Survey,Abstract 26). 1407.80 feet to a point for corner;
THENCE,North 87034'17°East,along the north line of said 129.98 acre tract,944.50 feet to the
POINT OF BEGINNING,CONTAINING 129.96 acres of land in Chambers County,Texas
Tract ill-464.86 acres(combination of 254.14 and 210.72 acre tracts)
BEGINNING at the northwest corner of the said 210.72 acre tract;
THENCE, North 87031'31" East, along the north line of said 210.72 acre tract, 1796.29 feet to a
point for corner at a northeast corner of the said 210.72 acre tract;
THENCE, South 03%)7'50" East, along the east fine of said 210.72 acre tract, 1709.93 feet to a
point for corner;
THENCE, North 88110510" East, with a north line of said 210.72 acre tract, 1716.89 feet to a
point for corner;
THENCE, South 01 040'35" East, along an east One of said 210.72 acre tract, 1242.97 feet to a
point for corner;
THENCE,South 87`5943"West,3.91 feet to a point for corner;
THENCE, South-01633'16" East, along an east line of the aforementioned 210.72 acre tract,
868.67 feet to a point for corner;
3
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.416
A. B.J.Winfree Survey
Abstract No.306
THENCE,South 88018'21"West,398.02 feet to a point for comer;
THENCE,South 01026'48"East, 192.80 feet to a point for corner;
THENCE,South 87128'30"West,819.13 feet to a point for corner;
THENCE,South 02630'46"East, 160.39 feet to a point for corner;
THENCE, South 07049'09"East,360.01 feet to a point for corner,
THENCE,South 15 038'38"East,338.95 feet to a point for corner;
THENCE,North 87027'23"East,693.04 feet to a point for comer;
THENCE,South 0102648"East,19.26 feet to a point for corner;
THENCE, South 8704336"East,396.00 feet to a point for comer;
THENCE, South 01027'10"East,26.16 feet to a point for corner;
THENCE, South 89031'04" East, 598.07 feet to a point for corner, said point also being in the
westerly right-of-way of Farm to Market Road (F.M.) 3180 (140 foot right-of-way),dedication of
which is recorded in Volume 300, Page 622 of the Chambers County Deed Records;
THENCE, South 07009'09 West, along the westerly right-of-way of said F.M. 3180, 100.68 feet
to a point for comer;
THENCE, North 89*31'04"West, 577.87 feet to a point for corner;
THENCE,North 01033'16"West, 25.84 feet to a point for comer;
THENCE,North 8704336"West,497.18 feet to a point for corner;
THENCE, North 04036'34"West, 11.39 feet to a point for comer;
THENCE, South 87 17'23"West, 673.99 feet to a point for corner;
THENCE, North 15038'45"West,425.19 feet to a point for corner;
THENCE, North 07049'09"West,371 A8 feet to a point for corner;
4
Chambers County Improvement District No. 3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R. A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.416
A. B.J.Winfree Survey
Abstract No.306
THENCE, South 87T738"West, 509.36 feet to a point for corner, said point also being in the
east line of the aforementioned 254.14 acre tract;
THENCE, South 02031'16" East, along the east line of the said 254.14 acre tract(common with
the east line of the Jacob Townsend Survey, Abstract 25), 2747.10 feet to a point for corner
marking the southeast corner of said 254.14 acre tract;
THENCE, South 87"39'30"West, along the south line of said 254.14 acre tract (common with
the south line of the Jacob Townsend Survey,Abstract 25),.3790.48 feet to a point for corner In
the east right-of--way line bf State Highway 99 being described as a called 40.801 acre tract
(Parcel 18)in Second Amended Notice of Lis Pendis recorded in Volume(07)934, Page 280 of
the Chambers County Official Public Records,said point being In the arc of a non-tangent curve
to the right;
THENCE, along the west line of the said 254.14 acre tract, common with the east right-of-way
line of said State Highway 99 and the are of said non-tangent curve to the right, having a radius
of 3619.72 feet, a central angle of 22018'55", an arc length of 1409.79 feet, and a long chord
bearing North 1893V26"East,1400.90 feet to a point for comer;
THENCE, North 29947'53" East, continuing along said east right-of-way line of State Highway
99, 2795.78 feet to a point for corner at the beginning of a curve to the left;
THENCE, along the east line of said State Highway 99, and along the are of said curve to the
left, having a radius of 3064.79 feet, a central angle of.57°06'39", an arc length of 3,054.89 feet,
and a long chord bearing.North 01 014'33"East,2,929.99 feet to a point for corner;
THENCE, North 27118'47" West, continuing along the east line of said State Highway 99,
156.96 feet to a point for corner;
THENCE, North 02'044'58" West, 193.07 feet to the POINT OF BEGINNING, CONTAINING
464.86 acres of land in Chambers County,Texas, along with the herein described 285.48 acre
tract (Tract 1),and the herein described 129.96 acre tract(Tract 11)for a total acreage of 880.30
acres.
This document was prepared under 22 TAG 663.21, and does 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 configuration of the political
subdivision for which it was prepared.
P:IPROJECTM05454-Nallonal Property Hold os10031021SUHVEY%LEGALSiPOLITICAL BOUNDARY KILGORE SELLERS.doe
5
Exhibit "B"
Rre Station one
4723 Garth Rd.
281-420-5331
Personnel:
➢ I Battalion Chief
➢ 1 Lieutenant
➢ 1 Equipment Operator
➢ 3 Firefighters
Ladder 1-2003 Pierce 1993 Smeal Quint
1500 GPM pump,75'ladder 1500 GPM pump,75'ladder
➢ 475 Gallons Water and 25 gallon ➢ 500 Gallons Water
Foam Tank ➢ I000' 5"Hose
D 1000' 5"Hose D 200'2 %"Hose
➢ 300' 3"Hose ➢ 450' 1 '/4"Hose
➢ 150'2 h"Hose D Ladders
➢ 350' 13/4"Hose ➢ 75'Aerial Ladder
D Jaws Life ➢ (1)35'Extension ladder
➢ Airbags ➢ (1)24'Extension ladder
➢ Chainsaw D (1)Multi-Extension ladder
➢ K-I2 D (3) 16'Roof ladders
➢ PPV Fan ➢ (1) 10' Roof ladder
➢ AED D (1) 10'Attic ladder
➢ Gas Detector
D (5)airpacs Radios:
➢ Thermal Imaging Camera ➢ •(I)800's
➢ (1) 154
Ladders: ➢ (1)C1MA
D 75'Aerial Ladder
➢ (1)35'Extension ladder Battalion 1/Shop 11
➢ (1)24' Extension ladder 2006-2500 Crew Cab
➢ (1)Multi-Extension ladder
D (3) 16'Roof ladders
➢ (1) 10' Roof ladder
D (1) I0'Attic ladder
Radios:
➢ (5)800's
➢ (1) 154
➢ (1)CIMA
Fire Sttiflon Two
2320 Market St.
281-420-5332
Personnel:
➢ 1 Lieutenant
D i Equipment Operator
D 3 Firefighters
E-2 2007 Pierce Pumper R 2 -1993 E-One
2,000 GPM 195N GPM
➢ 750 Gallons Water D 500 Gallons Water
➢ 1000' S"Hose ➢ I000' S"Hose
➢ 1000'2%2"Hose ➢ 1000'2 W'Hose
➢ 900' 13le'Hose ➢ 900' 1 %"Hose
➢ PPV Fan ➢ PPV Fan
➢ AED ➢ AED
➢ Gas Detector ➢ Gas Detector
Ladders: Ladders:
➢ (1)24'Extension ladder ➢ 24'Extension Iadder
➢ (1) 14'Extension ladder ➢ 14'Extension ladder
➢ (3) 10'Attic ladders . ➢ 10'Attic ladders
➢ (1) 10'A-Frame ladder ➢ 10'A-Frame Iadder
➢ (4)airpacs ➢ airpacs
Radios: Radios:
➢ (5)800's ➢ (5)800's
➢ (1) 154 ➢ 154
➢ (1)CIMA ➢ CIMA
Rescue]Boat with tow vehicle
-Fire Station Three
3311 Massey Tompkins
281-420-5333
Personnel:
D 1 Lieutenant
D 1 Equipment Operator
➢ 3 Firefighters
E 3-2010 Pierce Pumper R 3-1998 Pierce
2,000 GPM 1,250 GPM
D 750 Gallons Water ➢ 750 Gallons Water
➢ 1200' 5"Hose ➢ 1200' 5"Hose
➢ 600'2'VV Hose ➢ 600'2 '/s"Hose
➢ 550' 1 W Hose ➢ 550' 1'/a"Hose
➢ 100' 1 '/i'Hose ➢ 100' 1 %"Hose
➢ PPV Fan ➢ PPV Fan
➢ AED ➢ AED
➢ Gas Detector ➢ Gas Detector
➢ (5)airpacs ➢ (5)airpacs
Ladders: Ladders:
➢ 24'Extension ladder ➢ 24'Extension ladder
➢ IT Roof ladders ➢ IT Roof ladders
➢ 10'A-Frame ladder ➢ 10'A-Frame•ladder
Radios: Radios:
D (5)800's ➢ (5).800's
➢ 154 ➢ 154
➢ CIMA ➢ CIMA
Brush 3-2010 Chevy 3500
➢ 200 Gallons Water
➢ 300'Forrestry Hose
➢ 150' 3"Hose
➢ 10V 13/4 Hose
➢ 65 GPM Pump
➢ Booster Reel with 150'3/4"Hose
D 1001 1 11 Hose
Fire Station Four
910 E.Fayle
28I420-5334
Personnel:
1 Lieutenant
1 Equipment Operator
3 Firefighters
E-4-2002 Pierce IH1VI4-2004 Pierce
I,500 GPM ➢ (5)airpacs
➢ 750 Gallons Water D Thermal Imaging Camera
➢ 1000' 5"Hose
➢ 1000'3"hose Radios
➢ 200'2 VT Hose D (5)800's �
D 450' 1 %"Hose ➢ (1) 154
➢ PPV Fan D (1)CIMA
➢ AED ➢ HAZMAT ID Detector
➢ Gas Detector ➢ Gas Detector
➢ (5)airpacs
➢ Air Rescue bags ➢ HAZMAT Emergency Response
➢ Jaws w/Rams for Rescue Equipment
➢ Thermal Imaging Camera
Utility 4-Shop 44
Ladders: 1999 Chevy 2500
➢ 24'Extension ladder ➢ Generator
➢ 14'Roof ladder D Light Tower
D 12'Roof ladder
➢ 10' Attic ladder
Radios:
➢ (5)800's
➢ 154
➢ CIMA
r
Fi re Station Five
7210 Bayway Dr.
281-420-5335
Personnel:
➢ I Lieutenant
➢ I Equipment Operator
➢ 3 Firefighters
E-5-2003 Pierce
19500 GPM
➢ 750 Gallons Water-and 25 Gallon Foam Tank
➢ 1000'5"Hose
➢ 900'2%'Hose
➢ 850' 1 '/"Hose
➢ 100' 1 W'Hose
➢ PPV Fan
➢ AED
➢ (4)Portable Hand Held Radios
➢ Gas Detector
➢ (5)airpacs
Ladders:
➢ 24'Extension ladder
➢ IT Roof ladder
➢ 10'Attic ladder
➢ A-frame ladder
Radios:
➢ (5)800's
➢ 154
➢ CU%4A
Rescue 512009 Ford F450
➢ Heavy Structure Collapse Equipment
Rescue 52 2009 Ford F450
➢ Heavy Structure Collapse Equipment
Rescue 53 2009 Ford F450
➢ Heavy Structure Collapse Equipment
ire Staflon Sax
10116 Pinehurst Dr.
291-420-5336
Personnel:
➢ I Lieutenant
➢ 1 Equipment Operator
➢ 3 Firefighters
E-6-2010 Pierce Reserve 6- 1993 E-One
2,000 GPM 1,500 GPM
➢ 750 Gallons Water and 25 Gallon ➢ 500 Gallons Water
Foam Tank ➢ 900'5"Hose
➢ 1000'5"Hose ➢ 900' 2 %i'Hose
➢ 900'2%i'Hose ➢ 850' 1 %"Hose
➢ 850' I W'Hose ➢ 100, 1 Me,Hose
➢ 100' 1 W'Hose ➢ PPV Fan
➢ PPV Fan
➢ AED Ladders
➢• (4)Portable Hand Held Radios ➢ 24'Extension ladder
➢ Gas Detector ➢ 14'Roof ladder
➢ (5)airpacs ➢ IT Attic ladder
➢ 10'A-Frame ladder
Ladders: ➢ (4)airpacs
➢ 2V Extension ladder
➢ 12'Roof ladder
➢ 10'Attic ladder
D A-frame ladder
Radios:
➢ (5)800's
➢ 154
➢ CIMA