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Ordinance No. 2,2467616 ORDINANCE NO. 2246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT CONTRACT BETWEEN HOUSTON LIGHTING & POWER COMPANY AND THE CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the Municipal Annexation Act, Article 970a, Revised Civil Statutes of Texas, provides for the creation of industrial districts within the extraterritorial juris- diction of cities; and WHEREAS, pursuant to such Municipal Annexation Act and in the interest of further cooperation with industry and the economic enhancement of Baytown, the City Council of the City of Baytown enacted Ordinance No. 899, dated the 26th day of October, 1967, designating a part of its extraterritorial jurisdiction as an industrial district known as Baytown Industrial District No. 3; and WHEREAS, a portion of Houston Lighting & Power Company's properties is located within Baytown Industrial District No. 3; and WHEREAS, Houston Lighting & Power Company's contract with the City of Baytown covering said properties did expire this year; and WHEREAS, the City Council of the City of Baytown and the Houston Lighting & Power Company desire to enter into a new industrial district contract; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the-City of Baytown authorizes the Mayor to execute and the City Clerk to attest 7617 to an industrial district contract between Houston Lighting & Power Company and the City of Baytown, Texas. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: Effective Date: 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 9th day of June , 1977. TOM GENTRY, Mayor ATTEST: E'LrLF-,P,N P. HALL, City Clerk APPROVED: NEEL RI HA SON, ity Attorney -2- a nrT r b t rr -F a 7618 E X H I B I T "A" W 7619 INDUSTRIAL DISTRICT AGREEMENT BETWEEN HOUSTON LIGHTING & POWER COMPANY AND THE CITY OF BAYTOWN, TEXAS This Agreement is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas, hereinafter also referred to as "Baytown" and "City ", and Houston Lighting & Power Company, a Texas corporation with a permit to engage in business in the State of Texas, hereinafter referred to as "Power Company": W I T N E S S E T H: WHEREAS, Baytown has a history of cooperating with industries located within and near its city limits; and WHEREAS, the City Council of the City of Baytown is of the considered opinion that such cooperation results in economic growth and stability for Baytown and its adjacent areas; and WHEREAS, the Texas Legislature in 1963 adopted the "Municipal Annexation Act ", Article 970a, Revised Civil Statutes of Texas, which provides for the creation of Industrial Districts within the extraterritorial jurisdiction of cities; and WHEREAS, pursuant to such Municipal Annexation Act and in the interest of further cooperation with industry and the economic enhancement of Baytown, the City of Baytown enacted Ordinance No. 899, dated the 26th day of October, 1967, designating a part of its extraterritorial jurisdiction as an Industrial District known as Baytown Industrial District No. 3; and WHEREAS, the City Council desires that those properties of Power Company described in Appendix A hereof (embracing in general Power Company's Cedar Bayou Generating Station properties) be included in the Baytown Industrial District No. 3 and further desires to enter into this contractual agreement with Power Company for this purpose; and 7620 WHEREAS, Power Company's properties (as defined hereinafter in Paragraph 3) include both real and personal property in its generating facilities, including any office facilities used in direct support of these operations and either situated contiguous thereto or separated by public roads; NOW THEREFORE, - In consideration of the premises and of the mutual covenants and agreements herein contained, it is agreed by and between Power Company and the City of Baytown as follows: 1. The City of Baytown hereby agrees that all of the land and improvements thereon owned, used, occupied, leased, rented or possessed by Power Company within the area designated as Baytown Industrial District No. 3 by Ordinance No. 899, and enlarged by further ordinance, shall continue its extrater- ritorial status and shall not be annexed by the City of Baytown nor shall the City attempt to annex, or in any way cause or permit to be annexed any of such property during the term of this agreement. The Power Company land within Baytown Industrial District No. 3 as of the date of this Agreement is described in Appendix A, attached hereto and made a part hereof. All references to "Baytown Industrial District No. 3" throughout this Agreement shall be deemed to encompass the area now within said District together with any expansions of said area during the term of this Agreement. The City further agrees, promises and guarantees that during the term of this agreement the City of Baytown shall not apply or purport to apply any ordinance, rule or regulation to.such property. Specifically, but without limitation, the City agrees, promises, and guarantees that it will not extend to said property any ordinance, rules or regulations (a) governing plats and the subdivision of land; (b) prescribing any zoning, building, electrical, plumbing or inspection code or codes; and (c) attempting to exercise in any manner -2- 7621 whatsoever control over the conduct thereon of Power Company's business (or that of its "affiliates" as this term is herein- after defined). The City further agrees that during the term of this Agreement, it will not levy or purport to levy ad valorem taxes against any real or personal property owned, used, occupied, leased, rented, or possessed by Power Company or any of its affiliates within Baytown Industrial District No. 3. 2. It is further agreed that during the term of this Agreement the City of Baytown shall not be required to furnish municipal services to Power Company's properties which are ordinarily and customarily supplied by the City to property owners within its boundaries, except as provided by mutual agreement. specifically, but without limitation, it is agreed that the City of Baytown shall not be required to furnish: (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. 3. Power Company and the City of Baytown recognize that in the past Power Company has paid a share of the needed revenue for operating the City and providing services for its residents. It is further recognized that during the next succeeding seven years the City of Baytown will experience population growth as a result of industrial expansion which will necessitate increased revenue to provide expanded service and facilities. In view of this increased need for revenue, Power Company agrees to pay the City of Baytown an Industrial District Payment on or before January 31 of each year during the term of this agreement in an amount to be calculated on the basis of the following formula, except for calendar years 1977 and 1978 as hereinafter provided in Paragraph 4. -3- Power Company's Industrial District Value, as defined below, x 0.06 x the property tax rate per $100 of assessed valuation adopted by the City Council for the City of Baytown for financing the fiscal year in which such January 31 due date falls. In applying the above formula, the factor referred to as "Power Company's Industrial District Value" shall be defined as: (A) The fair market value of Power Company's properties within the Baytown Industrial District No. 3 (referred to herein as "Power Company's properties ") as of January 1 of the calendar year next preceding the calendar year in which such January 31 due date falls, less: (B) The fair market value of that portion of Power Company's properties annexed to the City of Baytown, which is twenty (20 %) per cent of the fair market value of Power Company's properties as of January 1 of the calendar year next preceding the calendar year in which such January 31 due date falls. Annual payments under this Agreement shall be calculated by the City of Baytown in the above stated manner. Determination of City and Industrial District fair market values, in the above stated manner, shall be made by the City of Baytown and approved by the Board of Equalization. Such fair market values as approved by the Board of Equaliza- tion shall be subject to exception by Power Company and should Power Company take exception thereto and should the Board and Power Company be unable, through negotiations, to reach mutually acceptable fair market values on or before September 1 of the calendar year next preceding the calendar year in which such January 31 due date falls, then either party may request determination of such disagreement by a -4- W mutually acceptable arbitrator. The cost of such arbitrator shall be shared equally by the City of Baytown and Power Company, and such arbitrator's determination shall be final and binding unless either party within thirty (30) days after such arbitrator's determination is received by the parties, petitions for a Declaratory Judgment to the,Civil District Court of Harris County, Texas, as provided for by Paragraph 5 hereof. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three - member arbitration panel to decide the disagreement between the parties by the concurrence of a majority of such panel. Such arbitrator or arbitration panel shall determine whether the fair market value of such property is as contended by the Board of Equalization, by Power Company, or some intermediate value. The cost of such arbitration panel shall be shared equally by the City of Baytown and Power Company, and such panel's determination shall be final and binding unless either party within thirty (30) days after such determination is received by the parties, petitions for a Declaratory Judgment to the Civil District Court of Harris County, Texas, as provided for by Paragraph 5 hereof. In determining the fair market value of property and improvements as used herein, the Board of Equalization and any arbitrator or arbitration panel shall base its determination on the replacement cost of comparable present day facilities considering and giving effect to sound engi- neering valuation practices relative to service life, life expectancy, process and functional obsolescence. -5- 7623 7624 4. It is agreed and understood between Power Company and the City of Baytown that the first payment under this contract shall be due April 1, 1977, and said payment shall be deemed delinquent if received by the City after July 10, 1977. Said payment shall be based upon the formula hereinabove referred to in Paragraph 3 as if twenty (20 %) per cent of the value of Power Company's properties had been previously annexed by the City of Baytown. However, said payment shall be seventy -five (75 %) per cent of the amount using the above referred to formula. The valuation of Power Company's properties shall be based upon the current Goose Creek Independent School District Tax Roll Fair Market Value of $217,488,550. This value shall be used for purposes of the payment due April 1, 1977. The payment due January 31, 1978 shall be based upon the formula hereinabove referred in Paragraph 3 as if 20% of the value of Power Company's properties had been previously annexed by the City of Baytown. The valuation of Power Company's properties for the January 31, 1978 payment shall be based.upon appraisal made by the City of Baytown or its designated representative. The provisions of Paragraph 3 shall control the procedure for Power Company's excepting to the valuation placed upon Power Company's properties by the City of Baytown. 5. If any disagreement arises between the parties concerning the interpretation of this Agreement or the decisions of the arbitrator or arbitration panel provided for hereunder, it is agreed that either of said parties may petition any Civil District Court of Harris County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be tried as other civil causes in which plaintiff must prove by a preponderance of the evidence its position. Pending final determination of said controversy, Im Power Company shall pay to the City of Baytown on the due date the same amount which it paid to the City for the last preceding period as to which there was no controversy concerning the amount owed by Power Company to the City. Power Company agrees to tender the amount of potential liability to the registry of the Civil District Court, Harris County, Texas, pending final determination of the controversy beyond any further appeal. 6. All payments to the City of Baytown provided for herein shall be made to the City at the City Hall in Baytown, Texas. If any payment is not made on or before the due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes; provided, however, that this sentence shall not apply to any payment which may be found to have been deficient as the result of proceedings provided for in Paragraph 5 hereof. The City shall have a lien upon any delinquency in Industrial District payment. 7. If any other municipality attempts to annex any land or property owned, used, occupied, leased, rented or possessed by Power Company within the area designated as Baytown Industrial District No. 3, or if the creation of any new municipality should be attempted so as to include within its limits any of such land or property, the City of Baytown shall, with the cooperation of Power Company seek injun6tive relief against any such annexation or incorporation, and shall take such other legal steps as may be necessary or advisable under the circumstances. The cost of such legal steps, including fees of attorneys (other than the City Attorney) retained by mutual agreement of the parties, shall be paid by Power Company. Should the City refuse or fail to comply with its obligation under this paragraph, Power -7- 7625 7626 Company shall have the right to seek such legal or equitable relief as it deems necessary or advisable in its own name or in the name of the City and, if necessary, Power Company may join the City as a party to any such legal action. If the City and Power Company are unsuccessful in preventing any such attempted annexation or incorporation, Power Company shall have the right to terminate this Agreement as to any property so annexed or incorporated retroactive to the effective date of such annexation or incorporation, or Power Company may continue this Agreement in full force and effect; provided, however, that Power Company's right of terminating this Agreement must be exercised within thirty (30) days after judgment upholding such annexation or incorpora- tion becomes final beyond further appeal. If any payment is made by Power Company to the City of Baytown after the effective date of such annexation or incorporation and if Power Company elects to terminate this Agreement as above provided, then as to such property so annexed or incorporated such payment shall be refunded by the City to Power Company. 8. The City of Baytown and Power Company mutually recognize that the health and welfare of Baytown residents requires adherence to standards of quality in the air emissions and water effluents by those industries located within Baytown Industrial District No. 3. To this end, Power Company agrees to abide by the valid permits issued to it by, and the valid rules and regulations of, the Environmental Protection Agency, the Texas Water Quality Board and the Texas Air Control Board, or their successors. In this connection, it is recognized by the parties that the Environ- mental Protection Agency, the Texas Water Quality Board and the Texas Air Control Board are charged with the responsibility for enforcing air and water quality standards and nothing contained herein shall be construed to grant the City of -8- Baytown or any third party any authority or right, by termina- tion of the Agreement or otherwise, to enforce any standards relative to air and water quality as are established by law, charter provision, rule, regulation or permit. In the event noise and vibration caused by operation of Power Company's plant cause the City serious problems, both Power Company and the City shall, at the time the problems arise, discuss the same. 9. This Agreement shall be for a term of seven (7) years from the effective date of this instrument and for such additional period or periods of time as provided by the Texas Municipal Annexation Act and mutually agreed upon by the parties hereto. This Agreement shall further terminate and replace that certain Industrial District Agreement entered into between Power Company and the City of Baytown, -dated August 27, 1969. During the term of this Agreement, the City agrees to afford the protection of this Agreement to all subsequent purchasers of any of Power Company's properties, provided any such subsequent purchaser notifies the City, within 90 days of the acquisition of such property, of its intention to accept the provisions of this Agreement. If such subsequent purchaser fails to so notify the City of Baytown within such 90 -day period, and if a moratorium will not be applicable under ordinances then in effect which will reasonably serve the interests of the City and the purchaser until the expira- tion date of this Agreement, then Power Company agrees that the City of Baytown may annex such of its property as is necessary to bring the boundaries of the City of Baytown adjacent to the property of the heretofore mentioned purchaser. If the property was owned by Power Company on January 1 of any calendar year during the term of this contract, then said property shall be computed for value WOM 7627 W W W W purposes in arriving at the Industrial District payment due January 31 of the following year. If Power Company leases any portion of the property, the subject of this agreement, Power Company shall be the responsible party for the payment of the Industrial District payments to the City of Baytown. 10. The benefits accruing to Power Company under this Agreement shall also extend to Power Company's "affiliates" and to any properties owned or hereafter acquired by Power Company or by said affiliates within Baytown Industrial District No. 3, and where reference is made herein to land, property and improvements owned by Power Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Power Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty (50 %) per cent or more of the stock having the right to vote for the election of directors. If Power Company or any affiliates of Power Company hereafter acquire any land within Baytown Industrial District No. 3 and give written notice of such acquisition to the City of Baytown, such land and all real, personal, or mixed property located thereon shall be subject to the provisions of this Agreement as of the date of delivery of written notice unless such land has previously been included within the corporate limits of the City of Baytown or another city. 11. It is agreed by the parties to this Agreement that only full, complete faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Power Company may enjoin the enactment or enforcement of any ordinance or -10- 7628 / A W s 7629 charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Power Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. However, nothing contained herein shall be construed to give the City any right to terminate this Agreement on the basis of Power Company's violation of any standard or criteria relative to air emissions, water effluents, noise, vibration, or toxic levels established by any law, ordinance, rule, regulation or permit. 12. In the event the terms and conditions of this contract are rendered ineffective by the Constitution and /or Legislative changes, both parties mutually agree that said contract shall be re- negotiated to accomplish the intent of this Agreement. EXECUTED IN DUPLICATE ORIGINALS effective the lst day of April, A.D. 1977. ATTEST: ',,ATTEST: City Clerk HOUSTON LIGHTING & POWER COMPANY By President CITY OF BAYTOWN By Mayor -11- 7630 APPENDIX A TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN HOUSTON LIGHTING & POWER COMPANY AND TIIE CITY OF BAYTOWN TEXAS Description of Land Presently Owned by Power Company within Baytown In- dustrial District 1. That certain tract of land in the Christian Smith League in Chambers County containing 4.00 acres, being the same property conveyed to the Houston Lighting & Power Company by Ella M Bayliss, a widow, by deed dated March 22, 1967, recorded in Volume 284, Page 228 of the Deed Records of Chambers County. 2. That certain tract of land in the Christian Smith Leaaue in Chambers County containing 68.766 acres, being the same property conveyed to the Houston Lighting & Power Company by Mary Pauline Bayliss, a widow, by deed dated March 21, 1967, recorded in Volume 283, Page 863 of the Deed Records of Chambers County. 3. That certain tract of land in the Christian Smith League in Chambers County containing 54..671 acres, being the same property conveyed-to the Houston Lighting & Power Company by Fleda Schilling, a feme sole, et al by deed dated March 22, 1967, recorded in Volume 284, Page 826 of the Deed Records of Chambers County. 4. That certain tract of land in the Christian Smith League in Chambers County containing-33.041 acres, being the same property conveyed to the Houston Lighting & Power Company by J Vivian Wilburn et al by deed dated May 18, 1966, recorded in Volume 275, Page 81 of the Deed Records of Chambers County, save and except 5.368 acres of land that was conveyed to Chambers County for a public road by deed dated May 20, 1968 leaving a remaining 27.673 acres belonging to Houston Lighting & Power Company. 5. That certain tract of land out of the Christian Smith League in Chambers County containing 123.437 acres, being the same property conveyed to the Houston Lighting & Power Company by E W Blakesley et ux by deed dated June 17, 1966, recorded in Volume 276, Page 70 of the Deed Records of Chambers County. 6. That certain tract of land in the Christian Smith League in Chambers County containing 50.00 acres, being the same property conveyed to the Houston Lighting & Power Company by W Everett Du Puy et al by deed dated March 22, 1967, recorded in Volume 284, Page 821 of the Deed Records of Chambers County. 7. Those certain tracts of land in the Christian Smith League in Chambers County aggregating 45.682 acres, being the same property conveyed to the Houston Lighting & Power Company by Fleda Schilling, a feme sole, et al by deed dated March 22, 1967, recorded in Volume 234, Page 833 of the Deed Records of Chambers County. 8. Those certain tracts of land out of the Christian Smith and Thomas Shepherd Surveys in Chambers County aggregating 183.279 acres, being the same property conveyed to the Houston Lighting & Power Company by Fleda Schilling, a feme sole, et al by deed duffed May 7, 1966, recorded in Volume 276, Page 469 of the Deed Records of Chambers County. Less .618 acre conveyed to U.S. Steel Corporation by deed dated March 19, 1970. 7631 9. That certain tract of land out of the Clambers County School Land Survey in Chambors County containing 74.145 acres, being the same property conveyed to the Iiouston Lighting & Power Company i1. Emma Elizabeth Staples et vir by deed dated May 26, 1966, recorded in Volume 275, Page 284 of the Deed Records of Chambers Countv. 10. That certain tract of land in the Solomon Barrow League con fairing 80.639 acres, being the same property conveyed to the Houston Lighting & Power Company as "First Tract" in deed from Elton D Casey et al dated May 2, 1966, recorded in Volume 274, Page 274 of the Deed Records of Chambers County, Texas. _ 11. That certain tract of land in th` Solomon Barro,,. Lcague containing 3.444 acres, being the same property conveyed to thy, Houston Lighting & Power Company by Elton D Casey et al by dee -- dated May 2, 1966, recorded in Volume 274, Page 270 of the Deed Records of Chambers County, Texas. 12. That certain tract of land in the Christian Smith Survey in Chambers County containing 19.727 acres, being the same property conveyed to the Houston Lighting & Power Company by United States Steel Corporation by deed dated October 26, 1967, recorded in Volume 291, Page 298 of the Deed Records of Chambers County. 13. That certain tract of land in the Christian Smith League in Chambers County containing 6.798 acres, being the same property conveyed to Houston Lighting & Power Company by Albert N Nelson et al by deed dated October 11, 1967, recorded in Volume 291, Page 376 of the Deed Records of Chambers County. 14. Those certain tracts of land in the Christian Smith League in Chambers County aggregating 2.402 acres, being the same property conveyed to the Houston Lighting & Power Company by Reuben E Casey et al by deed dated August 31, 1967, recorded in Volume 289, Page 486 of the Deed Records of Chambers.County. 15. That certain tract of land in the Christian Smith League in Chambers County containing 1.993 acres, being the same property conveyed to the Houston Lighting & Power Company by Clyde L McLean et al by deed dated September 5, 1967, recorded in Volume 289, Page 652 of the Deed Records of Chambers County. 16. That certain tract of land in the Christian Smith League in Chambers County containing 3.584 acres, being the same property conveyed to the Houston Lighting & Power Company by Co- Ordinated Investment, Inc et al by deed dated September 30, 1967, recorded in Volume 291, Page 480 of the Deed Records of Chambers County. 17. That certain tract of land in the Jacob Armstrong a League and the Christian Smith League in Chambers County containing 10.418 acres, being the same property conveyed to the Houston Lighting & Power Company by Lillian Brazzell et al, Trustees, by deed dated December 18, 1967, recorded in Volume 292, Page 613 of the Deed Records of Chambers County. 18. That certain tract of land in the Christian Smith League in Chambers County containing 3.584 acres, being the same property conveyed to the Houston Lighting & Power Company by id J Moreau et al by deed dated January 3, 1968, recorded in Volume 293, Page 285 of the Deed Records of Chambers County. (2) 7632 19. That certain tract of land i-i, the Jacob Armstrong 1.1 League in Chambers County containing 6.156 acres, being the same property conveyed to the IIouston Lighting & Power Company by Walter W Daniel et ux by deed dated December 30, 1967, recorded in Volume 293, Page 89 of the Deed Records of Chambers County. 20. That certain tract of land in the Jacob Armstrong Survey in Chambers County containing 1.743 acres, being the same property conveyed to the Houston Lighting & Power Company by L C Wilburn et ux by deed dated June 27, 1967, recorded in Volume 287, Page' 248 of the Deed Records of Chambers County. 21. Lot 20 of the C T Staples Subdivision in Chambers.County, being the same property conveyed to the Houston Lighting & Power Company by C T Staples et ux by deed dated June 17, 1967, recorded in Volume 287, Page 17, of the Deed Records of Chambers County. 22. Lots 17, 18, 19, 21 and 22 of the C T Staples Subdivision in the Jacob Armstrong % League.in Chambers County, being the same property conveyed to the Houston Lighting & Power Company by C T Staples et ux by deed dated April 7, 1967, recorded in Volume 284, Page 473 of the Deed Records of Chambers County. 23. That certain tract of land in the Jacob Armstrong a League in Chambers County containing 1.618 acres, being the same property conveyed to the Houston Lighting & Power Company by Ruth Donnelley Fitzgerald et vir by deed dated May 31, 1967, recorded in volume 286, Page 218 of the Deed Records of Chambers County. 24. That certain tract of land in the Jacob Armstrong a League in Chambers County containing 2.042 acres being the same property conveyed to Houston Lighting & Power Company by Marjorie Donnelley Fitzgerald et vir by deed dated May 27, 1967, recorded in Volume 286, Page 176 of the Deed Records of Chambers County. 25. That certain tract of land in the Jacob Armstrong s League in Chambers County containing 1.454 acres being the same property conveyed to the Houston Lighting & Power Company by Jewel Armstrong et vir by deed dated April 6, 1967, recorded in Volume 284, Page 444 of the Deed Records of Chambers County. 26. That certain tract of land in the Jacob Armstrong a League in Chambers County containing 1.677 acres, being the same property conveyed to the Houston Lighting & Power Company by Murle Cooper et vir by deed dated April 6, 1967, recorded in Volume 284, Page 446 of the Deed Records of Chambers County. 27. That certain tract of land in the Jacob Armstrong k League in Chambers County containing 2.156 acres, being the same property conveyed to the Houston Lighting & Power Company by Edward R Kieke, Jr et ux by deed dated June 24, 1967, recorded in Volume 287, Page 229 of the Deed Records of Chambers County. 28. That certain tract of land out of the Jacob in Chambers County containing 4.293 acres, being conveyed to the Houston Lighting & Power Company et ux by deed dated April 8, 1967, recorded in V+ of the Deed Records of Chambers County. (3) Armstrong 3 •4 League the same property by Herbert Williams Dlume 284, Page 475 7633 29. That certain tract of land in the Thomas Shepherd Survey in Chambers County containing 0.432 of an acre, being the same property conveyed to the Iiouston Lighting & Power Company by Fleda Schilling, a feme sole et al by quitclaim deed dated March 22, 1967, recorded in Volume 284, Page 841 of the Deed Records of Chambers County. 30. All those certain portions of that road located in Chambers County, Texas, kno %,m as Post Office Road located in the Christian Smtih League containing 5.368 acres conveyed to Iiouston Lighting & Power Company by order of the Commissioners Court of Chambers County by approving Motion #68 -3 -81 on June 10, 1968. 31. That certain tract of land out of the Jacob Armstrong League containing 0.77 acres being the same property conveyed to the Houston Lighting & Power Company by Bobby R Harmon et ux by deed dated July 15, 1968 and recorded in Volume 298, Page 630 of the Deed Records of Chambers County. (4)