Ordinance No. 5,786910228 -5
ORDINANCE NO. 5786
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
HOUSTON LdIGHTING & POWER COMPANY FOR AN INDUSTRIAL
DISTRICT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby 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 & 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 28th day of
February, 1991.
FTT 0. HU,
TTO, ayor
ATTEST:
EILEEN P. HALL,'City Clerk
CIONACIO RAMIREZ, SR. ssistant City Attorney
C :1:16:6
• INDUSTRIAL DISTRICT AGREEMENT BETWEEN
HOUSTON LIGHTING AND POWER COMPANY
AND
CITY OF BAYTOWN, TEXAS
This Agreement is made and entered into between the CITY OF
BAYTOWN, Texas, a municipal corporation in Harris County and
Chambers County, Texas, hereinafter also referred to as "Baytown"
or "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
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, (now TEX.L.GOV'T.CODE ANN. § 42.044) 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 all of HL &P's Baytown
Plant and facilities except for that which is located in the area
annexed as described in Appendix A, be included in 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 used in its generating facilities, and includes
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 promises and of the mutual
convenants and agreements herein contained, it is agreed by and
between the 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 the Company within the area designated as Baytown
Industrial District No. 3 by Ordinance No. 899 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
40 Baytown shall not apply or purport to apply any ordinance, rule
- 2 -
or regulation to such property except as relating to noise,
vibration, drainage or flood control, and pollution performance
standards as hereinafter provided. Specifically, 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
control over the conduct of the Company's business thereof. 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 the Company within the Industrial District.
2. It is further agreed that during the term of this
Agreement the City of Baytown shall not be required to furnish
i
municipal services to the Company's Baytown Plant, 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. The Company and the City of Baytown recognize that in
the past the Company has paid to the City a share of the needed
revenue for operating the City and providing services for its
residents. It is further recognized that during the next
- 3 -
L�
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 1991, the Company agrees to pay the City of Baytown
an Industrial District payment on or before December 31st of each
year during the term of this Agreement, such payment to be
calculated on the basis of the below stated formula:
A. In applying the below stated formula, the 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
extraterritorial jurisdiction
the property tax rate per
valuation adopted by the City
of Baytown for financing the
such December due date falls.
;orporate limits or
of the City, X .40 X
$100.00 of assessed
Council for the City
fiscal year in which
2) Tax Payment: The amount paid by the Company to the
City of Baytown as ad valorem taxes on that portion
of the Company's Baytown Plant within the City
limits. The tax payment shall be based on the value
determined by the Harris County Appraisal District
or such other appraisal district as may succeed the
Harris County Appraisal District in assessing
property for the City.
- 4 -
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:
Full Value Payment
- Tax Payment
Industrial District 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 is not required to appraise the land,
improvements, and tangible personal property in the
unannexed area for the purpose of computing the
Industrial 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 City may choose to use an
appraisal of the Harris County Appraisal District, or an
appraisal conducted by the City of Baytown, and /or an
. independent appraiser of the City's selection, and at
- 5 -
• 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 has the power
to and shall create an Industrial District Review Board
which shall carry out the duties designated to it in
this Agreement.
E. If any disagreement arises between the Company and
Harris County Appraisal District that results in a delay
in the determination of Company's fair market value, the
Company shall pay to the City of Baytown on the due date
the same amount which was paid to the City for the last
preceding period as to which there was no controversy
concerning the fair market value of the Company.
Adjustments to this amount shall be made within thirty
(30) days of the resolution of the disagreement.
4. 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 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
n
should the Board and the Company be unable, through negotiations,
to reach a mutually acceptable fair market value on or before
September 1 of the calendar year in which such December 31 due
date falls, then either party may request determination of such
disagreement by a mutually acceptable arbitrator. The costs of
such arbitrator shall be shared equally by the City of Baytown
and the 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 Section 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 Industrial District
Review Board, by the Company, or some intermediate value. The
cost of such arbitration 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.
- 7 -
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
determination 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
concerning 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
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 was 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. If
any payment is not made on or before the due date, the same
� 0 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
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
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
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
adherence to high standards of quality in the air emissions,
water effluents and noise, vibration and toxic levels of those
industries 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 Commission, the Texas Air Control Board, and any
other governmental agency having legal authority in these
0 matters. In this connection, it is recognized between the
- 10 -
• 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 is 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 March 15, 1984.
14. 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
reference 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 "affiliates" as used
• herein shall mean all companies with respect to which the Company
- 11 -
• 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.
11. 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 and
that, therefore, in addition to any action at law 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
performance 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 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 the Company's violation of any standard or
criteria relative to air emissions, water effluents, noise,
vibration, or toxic levels, or drainage 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 effect changed by the
Constitution, any Legislative changes, or any interpretation of
9 the Texas Property Tax Code by the State Tax Assessment Board,
- 12 -
both parties mutually agree that said Contract shall be
renegotiated to accomplish the intent of this Agreement.,
EXECUTED IN DUPLICATE ORIGINALS this the day of
Is aL� , 19a.
ATTEST:
Secretary
ATTEST:
EILEEN P. HALL, City Clerk
5:5:18:3
HOUSTON LIGHTING AND POWER COMPANY
By_ .t-'Oj
S. W. NAEVE, Vice President
and Treasurer
CITY OF BAYTOWN
EMMETT O. HUTTO, Mayor
- 13 -
February 12, 1991
APPENDIX A
TO
INDUSTRIAL DISTRICT AGREEMENT BETWEEN
HOUSTON LIGHTING & POWER COMPANY
AND
THE CITY OF BAYTOWN, TEXAS
Description of Land Presently
Owned by Houston Lighting & Power
Company within Baytown Industrial
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. (All of which has been annexed into the city limits of Baytown.)
2. That certain tract of land in the Christian Smith League 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. (The 68.766 acres includes 7.05 acres annexed into the
city limits of Baytown.)
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 Fled& Schilling, a fame sole, at 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 at 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. (The remaining
27.673 acres includes 1.98 acres annexed into the city limits of Baytown.
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 at ux by deed dated
June 17, 1966, recorded in Volume 276, Page 70 of the Deed Records of
Chambers County, save and except 2.937 acres in a county road along the
south and west side of this tract leaving a remaining 120.5 acres belonging
to Houston Lighting & Power Company. (The remaining 120.5 acres includes
46.80 acres annexed into the city limits of Baytown.)
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 at 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 fame sole, at al by
deed dated March 22, 1967, recorded in Volume 284, Page 833 of the Deed
Records of Chambers County.
February 12, 1991
8. Those certain tracts of land out of the Christian Smith League and the
Thomas Shepherd Survey in Chambers County aggregating 183.279 acres, being
118.447 acres in the Christian Smith League and 64.832 acres in the Thomas
Shepherd Survey, being the same property conveyed to 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, save and except 0.618 of an acre of land out of the Thomas Shepherd
Survey that was conveyed to U. S. Steel by deed dated March 19, 1970,
leaving a remaining 64.214 acres in the Thomas Shepherd Survey belonging to
Houston Lighting & Power Company.
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
bydeed 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 dated May 17, 1976, leaving a remaining
19.215 acres belonging to Houston Lighting & Power Company.
10.
That certain tract of land in the Solomon Barrow League containing 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 the Solomon Barrow League containing 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 U. S. 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 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 5.316 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 1/4 League and the
Christian Smith League in Chambers County containing 10.418 acres, being
8.679 acres in the Jacob Armstrong 1/4 League and 1.739 acres in the
Christian Smith League, being the same property conveyed to the Houston
2
February 12, 1991
• Lighting & Power Company by Lillian Brazzel at 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 at 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. Daniel at ux by deed dated
December 30, 1967, recorded in Volume 293, Page 89 of the Deed Records of
Chambers County. (All of which has been annexed into the city limits of
Baytown.)
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 the Houston
Lighting & Power Company by L. C. Wilburn at ux by deed dated June 27,
1967, recorded in Volume 287, Page 248 of the Deed Records of Chambers
County. (All of which has been annexed into the city limits of Baytown.)
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 containing approximately 0.33 acres. (All
of which has been annexed into the city limits of Baytown.)
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 at ux by deed
dated April 7, 1967, recorded in Volume 284, Page 473 of the Deed Records
of Chambers County, save and except the west 1/2 of Lots 17 and 22 that was
conveyed to Houston Museum of Natural Science by deed dated October 22,
1973 containing approximately 1.35 acres. (All of which has been annexed
into the city limits of Baytown.)
23. That certain tract of land in the Jacob Armstrong 1/4 League in Chambers
County containing 1.618 acres, being the same property conveyed to the
Houston Lighting & Power Company by Ruth Donnelley Fitzgerald at 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 property conveyed to the
Houston Lighting & Power Company by Marjorie Donnelley Fitzgerald at 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 1/4 League in Chambers
County containing 1.454 acres, being the same property conveyed to the
Houston Lighting & Power Company by Jewel Armstrong at 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 1/4 League in Chambers
County containing 1.677 acres, being the same property conveyed to the
Houston Lighting & Power Company by Murle Cooper at 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
01
February 12, 1991
• Houston Lighting & Power Company by Edward R. Kieke, at 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 at ux by deed
dated April 8, 1967, recorded in Volume 284, Page 475 of the Deed Records
of Chambers County. (All of which has been annexed into the city limits of
Baytown.)
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 fame sole, at al by
quit claim 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
5.846 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 Telephone
Co. by deed dated April 29, 1983 leaving a remaining .3597 acres belonging
to Houston Lighting & Power Company. (All of which has been annexed into
the city limits of Baytown.)
32. That certain tract of land out of the William Bloodgood League containing
15.947 acres, being 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 252 of the Deed Records of Chambers County.
33. That certain tract of land out of the Thomas Shepherd Survey in Chambers
County containing 21.2152 acres, being the same property conveyed to the
Houston Lighting & Power Company by U. S. Steel Corporation by deed dated
May 17, 1976, recorded in Volume 384, Page 189 of the Deed Records of
Chambers County.
The above 33 paragraphs of property descriptions contain a total 774.1079
acres of land owned by Houston Lighting & Power Company of which 59.83 acres
more or less were annexed by the City of Baytown prior to 1984, as noted in
paragraphs 1, 2, 4 and 5. And 14.2317 acres annexed on December 14, 1989 by
Ordinance #5388, as noted in paragraphs 19, 20, 21, 22, 28 and 31.
--------------------------------------------------------------------------
Updated by C. K. Reed, February 12, 1991
--------------------------------------------------------------------- - - - - --
4