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Ordinance No. 3,806-1 �J n r: w 40382 5' ' ORDINANCE NO. 3806 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TU EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HOUSTON LIGHTING AND POWER COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXASe Section 1: That the City Council of the City of Baytown, Texas, hereby G authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with Houston Lighting and Power Company. A copy of said agreement is attached hereto, marked Exhibit "A ", and made a part hereof 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 22nd day of March, 1984. U Mayor Pro Tempore ATTEST: EILEEN P. HALL, City Clerk APPROVED: RANDALL B. STRCd , ity A rney ,7 40322 -5a INDUSTRIAL DISTRICT AGREENENT BETWEEN HOUSTON LIGHTING AND POIAM CO PAW ►_T: Y THE CITY OF BAYTOWN, TEXAS This Agreement is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris County, Texas, hereinafter also referred to as "Baytown" and "City ", and Houston Lighting and Power Company, a Texas Corporation with a permit to engage in business in the State of Texas, hereinafter referred to as "HL&P" or "Company ". W i T N E S S E T H: WHEREAS, Baytown has a history of cooperating with in- dustries 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 "Muni - cipal Annexation Act," Article 970x., 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 Cistrict No.3; and a WHEREAS, the City Council desires that HL &P's Baytown Plant and facilities (embracing in general HL&P's Cedar Bayou Generating Station properties) except for that which is located in the area annexed as described in Appendix A, be included in "NOT ICE. POMCNS OF VIS AGNM4= ARE SI1B ECr M ARBITRATICN UNDER nM TEXAS GE MULL ARBI4?ATICN ICI'. " EXHIBIT A E E E �101 4. f., • 40322 -3b the Baytown Industrial District No. 3, and further desires to enter into this contractual agreement with HL &P for this purpose; and WHEREAS, HL&P's Baytown Plant includes .both real and personal property in its generatins facilities, including any office facilities,, used in direct _support of these operations and either situated contiguous thereto or separated by public roads; N3N Ti-�EFO2E , In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the Company and the City of Baytown as follows: 1. She City of Baytown hereby agrees that all of the land and improvements thereon owned, used, occupied, leased, rented or possessed by the Company within the area designated as Baytown Industrial District No. 3. by Ordinance No. 699 and amendments thereto shall continue its extraterritorial status as an Industrial District 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, except for such parts of Company's property as may be necessary to annex in order to annex property owned by third parties within the Industrial District that the City may decide to annex. 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 except as relating to noise, vibration, drainage or flood control, and pollution performance standards as hereinafter provided. Specificz-lly; but without limitation, the City agrees, promises and guarantees that it will not extend to said property any ordinance, rules or regulation (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 whatsoever 2 n • wiii not Levy or purport to levy ad valorem taxes against any rvv.; real or �.: personal property owned, used, occupied, leased, rented.. or possessed by the Company within the industrial District. r' 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 the Company's Baytown Plant, which are i "" 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 pro- tection (4) road or street repairs, and (5) garbage pickup service. 3. The Company and the City of Baytown recognize that in the.past the 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 services and facilities. In view of this increased need for revenue, beginning in 1984 the Company agrees to pay the City of Baytown an Industrial District payment on or before December 31 of each year during the term of this Agreement an amount to be calculated on the basis of the below stated formula: A. In applying the below stated formula, she following definitions shall apply; 1). Full Value Payment: The fair market value as determined by the City, of all of the Company's Baytown Plant within the corporate limits or extraterritorial jurisdiction of the City, X .35 X 3 LI, • S y 40322-541. the property tax rate per $100.00 of assessed -`` valuation adopted by the City Council for the City '. of Baytown for financing the fiscal Y g Year in which f 7: such December due date falls. 2). Tax Payment: The amount paid by the Company Y of Baytown to the City town as ad valorem taxes on that Y portion of the Company's Baytown Plant within the City limits. The tax payment shall be based on `= either the value rendered on suc'-t property by the Company and adjusted, if necessary, by the Indust- rial District Review Board or the value determined by the Harris County Central Appraisal District when such district begins assessing the Company's property for the City. 3). Industrial District Payment: Amount paid by the Company in lieu of taxes pursuant to this Agreement, which amount shall not include the tax • payment paid by the Company. B. The Company's Industrial District payment shall be calculated each year in the following manner using the above definitions: Industrial District Payment = Full Value Payment minus Tax Payment. C. The appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District has no authority to appraise the land, improvements, and tangible per;anal property in the unannexed area for the purpose of computing the Industrial District payments hereunder. Therefore, the parties agree that to determine the fair market value of all of the Company's Baytown Plant for the purpose of calculating the Industrial District Payment in the manner described above, the appraisal of the land, 4 Ll r ,1 L_J LI --j C z, i 40322 —Se s improvements, and tangible personal property in the Company's 3 ;3 Baytown Plant shall be conducted by the City of Baytown, and /or an independent appraiser of the City's selection, and at the City's expense. This value shall be used in determining the full value payment described above. Nothing contained herein shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion for ad valorem tax purposes. D. It is agreed by the parties that the City's Appraisal Review Board of shall also act as the Industrial District Review Board referred to herein until such time as the Harris County Appraisal Review Board as created by the Property Tax Code takes over the function of the City's Appraisal Review Board. The parties agree that at the time the Harris County Appraisal Review Board begins functionings the City shall create an Industrial District Review Board which shall carry out thL duties designated to it in this Agreement. 4. 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 City of Baytown and approved by the Industrial District Review Board. Such final fair market value as approved by the Industrial District Review Board shall be subject to exception by the Company and should the Company take exception to the fair market value of such property as determined by the Board and should the Board and the Company be unable, through negotiations, to reach a mutually acceptable fair market value on or before September I of the calendar year in which such December 31 due date falls, then either party may request determination of such disagreement by a mutually ac- ceptable arbitrator. The costs of—such arbitrator shall be shared equally by the City of Baytown and the Company, and such 5 C 40322 -5f 6 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 Section 5 hereof. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator the and 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 Industrial District Review Board, by the Company, or some intermediate value. The cost of such arbitration panel shall be shared equally by the City of Baytown and the 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 Section 5 hereof. In determining the fair market value of property and improvements as used herein, the Industrial District Review Board and any arbitrator or arbitration panel shall base its deter- mination on the replacement cost of comparable present day facilities considering and giving effect to sound engineering valuation practices relative to service life, life expectancy, process and functional obsolescence. • 5. if any disagreement arises between the parties con- cerning the interpretation of this Agreement or the decisions of the arbitrator or arbitration panel provided for hereunder, it is agreed that either of the said parties may petition any Civil District Court of Harris County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be 6 11, u f` f'. C7 443 22�m5g tried as other civil causes in which the Plaintiff must establish by a preponderance of the evidence the correct interpretation of valuation. Pending final determination of said controversy, the Company shall pay to the City of Baytown on the due date the same amount which is paid to the City for the last preceding period as to which there was no controversy concerning the amount owed by the Company to the City. The 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 herein shall be made to the City at the City Hall in Baytown, Texas. f. any payment is not made on or.before the due date, the same penalties, interest, attorneys' fees and costs of collection shall he recoverable by the City as would be collectible in the case of delinquent ad valorem taxes; provided, however, that this sentence' shal I not apply to any payment which may be found to have been deficient as the result of proceedings provided for in Section 5 hereof. The City shall have a lien upon the Company's property 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 the 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 such land or property, the City of Baytown shall, with the cooperation of the Company, seek injunctive 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 attorneys' fees (other than the City, Attorney) retained by mutual agreement of the parties, shall be paid by the Company. Should the City refuse or fail to comply with its obligations under this paragraph, the Company shall have 7 11, E E 40322 -5h 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, the Company may join the City as a party to such legal action. If the City and the Company are unsuccessful in preventing any such attempted annexation or incorporation, the Company shall have the right to terminate this Agreement as to any property so F annexed or incorporated retroactive to the effective date of such annexation or incorporation, or the Company may continue this Agreement in full force-and effect; provided, however, that the Company's right to terminate this Agreement must be exercised within thirty (30) days after judgment' upholding such annexation or incorporation becomes final beyond further appeal. If any payment is made by the Company to the City of Baytown after the effective date of such annexation or incorporation and if the 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 the Company. 8. The City of Baytown and the Company mutually recognize that the health and welfare of Baytown residents require ad- herence.to high andards of quality in the air emissions, water effluents and noise, vibration and toxic levels of those in- dustries located in the Baytown Industrial District No.3, and that development within the District may have an impact on the drainage of surrounding areas. To this end, the Company and the City agree that the same standards and criteria relative to noise, vibration and toxic levels and drainage and flood control ® which are adopted by the City and made applicable to portions of the City adjacent to the Company's Baytown Plant shall also be applicable to the plant within the Industrial District. The Company further agrees to abide by the rules and regulations and the permits issued to it by the Environmental Protection Agency, ® the Texas Water Com ission, the Texas Air Control Board, and any 8 1�1 ` other governmental agency having legal authority in these matters. In this connection, it is recognized between the parties that these agencies are charged with the responsibility for enforcing air and water quality standards, and it is agreed that so long as the Environmental Protection Agency, the Texas Water Commission, the Texas Air Control Board, and other related agencies are charged with such responsibility, nothing contained ® herein shall be construed to impose upon the City of Baytown any responsibility, authority, or right, by termination of this Agreement or otherwise to enforce any standards relative to air and water quality as are established by law, rule, regulation or permit. It is also agreed that no violation of any standards or criteria adopted by the City shall be a reason for termination of this Agreement. 9. This Agreement shall be for a term of seven (7) years from the date this instrument in executed and for such additional period or periods of time as provided by the Texas Municipal Annexation Act and mutually agreed upon the parties hereto. This Agreement shall further terminate and replace that certain Industrial District Agreement entered into between the Company and the City of Baytown, dated April 1, 1977. 10. The benefits accruing to the Company under this Agreement shall also extend to the Company's "affiliates" and to any properties owned or acquired by said affiliates within the area encompassed by Industrial District No. 3, and where re- ference is made herein to land, property and improvements owned by the 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 the 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 %) percent or more of the stock having the right to vote for the election of directors. 9 :7 ;a <i I 1 f C FJ E • E I I - It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties nd that, therefore, in addition to any action at I.aw for damages which either party may have, the Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific per- formance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by the 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 necescary 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 the Company's violation of any standard or criteria relative to air emissions, water effluents, noise, vibration, or toxic levels, or drain"age and flood control established by any law, ordinance, rule, regulation or.-permit. 12. In the event the terms and conditions of this Contract are rendered ineffective or their affect changed by the Con-' s titution, any Legislative changes, the implementation of the Texas Property Tax Code, or any interpretation of the Texas Property Tax Code by the State 'Tax Assessment Board, both parties mutually agree that said Contract shall be renegotiated to accomplish the intent of this Agreement. EXECUTED IN DUPLICATE ORIGINALS this the — 15th day of March 1984. 10 It I - HOUSTON LIGHTING AND POWER CCNVANY • v 11 ATTEST: AM. EILEM • HALL9 City Cle-rF- 11 CITY OF BAY nN" ALLEN CNIa �'hftyor -- - 2 0 r U �J 40"322 -51 APPENDIX A -° TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN HOUSTON LIGHTING & POWEA COMPANY AND THE CITY OF BAY'TOWN, 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 Baiss, a widow, by deed dated March 22, 1967, recorded in Volume 284, Page `. 228 of the Deed Records of C..,mbers County. 2. That certain tract of land in the Christian Smith League in Chambers County containing 68.766 acres, tieing 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 Shiling, 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 tor 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 284, 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 dated `May'7, 1966, recorded in Volume 276, Page 469 of the Deed Records of Chambers County. 9. That certain tract of land out of the Chambers County School Land Survey in Chambers County containing 74.145 acres, being the same property conveyed to the Houston Lighting & Power Company by Emma Elizabeth Staples et vir by deed dated May 26, 1966, recorded in Volume 275, Page 284 of the Deed Records of Chambers County, save and except 54.930 acres of land that was conveyed to U.S. Steel by deed -d—at-e-d-May 17, 1976, leaving a remaining 19.215 acres belong- ing to Houston Lighting & Power Company. El E r -1 LJ 40322 -5m 10. That certain tract of land in the Solomon Barrow League contain- ing 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 dammed May 2, 1966, recorded in Volume 274, Page 274 of the Deed Records of Chambers County, Texas. 11. That certain tract of land in the Solomon Barrow League contain- ing 3.444 acres, being the same property conveyed to the Houston Lighting & Power Company by Elton D Casey et al by deed 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 the Houston Lighting & Power Company by AlbertN Nlson 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 tracts of land in the Christian Smith League in County conveyed to the Houston iLighting & cPowerbCompanyebyaClydeoLeMcLean 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- Ordiinated 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 1/4 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 W J Moreau et al by deed dated January 3, 1968, recorded in Volume 293, Page 285 of the Deed Records of Chambers County. 19. That certain tract of land in the Jacob Armstrong 1/4 League ® in Chambers County containing 6.156 acres, being the same property conveyed to the Houston Lighting & Power Company by Walter W anil 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. (2) C] 40322 -5n 22. Lots 17, 18, 19, 21 and 22 of the C T Staples Subdivision in the Jacob Armstrong 1/4 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 Count the west 1/2 of Lots 17 and 22 that was conveyed toVeoustonxcuseum of. Natural Science by deed dated October 22, 1973. 23. That certain tract of land in the Jacob Armstrong 114 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 1/4 League in Chambers County containing 2.042 acres, being the same pro pert ® conveyed to the Houston Lighting & Power Company by Marjorie p y Donnelley Fitzgerald et vir by deed dated May 272 1967, recorded in Volume 286, Page 176 of the Deed Records of Chambers County. 25. That certain tract of land in the Jacob Armstrong 1/4 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 it Voles 284, Page 444 of the Deed Records of Chambers County. 26. That certain tract of land in the Jacob Armstrong 1/4 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 1/4 League in Chambers County containing 2.156 acres, being the same property conveyed to the Houston Lighting & Power Company by Edward R Kiske, 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 Armstrong 1/4 League in Chambers County containing 4.293 acres, being the same property conveyed to the Houston Lighting & Power Company by Herbert Williams et ux by deed dated April 8, 1967, recorded in Volume 284, Page 475 of the Deed Records of Chambers County. 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 Houston 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, known as Post Office Road located in the Christian Smith League containing 5.368 acres conveyed to Houston 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, save and except .4103 acres of land that was conveyed to General Tele p one Co. -by deed dated April 29, 1983 leaving a remaining .3597 acres belonging to Houston Lighting & Power Company. 32. That certain tract of land out of the William Bloodgood League containing 15.947 acres, being the the same property conveyed to Houston Lighting & Power Company by John M Fitzgerald et ux by deed ® dated March 26, 1969 and recorded in Volume 305, Page 25-' of the Deed Records of Chambers County. (3) u • E Save and exce t for the following tract which has been annexed by the ty o Baytown: Beginning at a point on the mean high tide line.uf the NorthF bank of Cedar Bayou- Said point being located on the existing city limit line of Baytown, Texas,' established by city ordinance no. 407 -A, 04- 12 -57, and having South Texas Plane coordinates X3,292, 059+ and Y =720,158 +. Thence from the point of beginning, South 12 degrees 10' 50" East, 1459+ to a point for corner. Thence North 77 degrees 49' 10" East, 2403+ to a point for a, corner. _ Thence South 12 degrees 10' 50" East, 500+ to a point for the most southeasterly corner. - Thence South 77 degrees 49' 10 "+ West, 3635 +.to a point on the mean high tide line of the West band of Cedar Bayou. Thence Northerly and Easterly with the mean high tide of the Northwest and West bank of Cedar Bayou, with its meanders, to the point of intersection with the place of beginning. !4?