CC Resolution No. 1970 - Creation of CC Improv. Dist. 2 and 3 RESOLUTION NO.1970
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,GRANTING CONSENT TO THE CREATION OF A POLITICAL
SUBDIVISION TO BE KNOWN AS CHAMBERS COUNTY IMPROVEMENT
DISTRICT NO.2.ONE PURPOSE OF WHICH WILL BE TO SUPPLY FRESH
WATER FOR DOMESTIC OR COMMERCIAL USE OR TO FURNISH
SANITARY SEWER SERVICES,ROADWAYS,OR DRAINAGE,WITHIN
ITS BOUNDARIES,AND CONSISTING OF APPROXIMATELY 723.06
ACRES OF LAND,MORE OR LESS;GRANTING CONSENT TO THE
CREATION OF A POLITICAL SUBDIVISION TO BE KNOWN AS
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.3,ONE PURPOSE
OF WHICH WILL BE TO SUPPLY FRESH WATER FOR DOMESTIC OR
COMMERCIAL USE OR TO FURNISH SANITARY SEWER SERVICES.
ROADWAYS.OR DRAINAGE.WITHIN ITS BOUNDARIES,AND
CONSISTING OF APPROXIMATELY 880.30 ACRES OF LAND,MORE OR
LESS;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS,political subdivisions,one purpose of which is to supply fresh water for
domestic or commercial use or to furnish sanitary sewer services,roadways,or drainage,may
not be created in the extraterritorial jurisdiction of a municipality unless the governing body of
the municipality gives its written consent in accordance with Chapter 42 of the Texas Local
Government Code and the Chapter 54 of the Texas Water Code;and
WHEREAS,the City of Baytown,Texas,hereinafter referred to as the"City,"has
received a request,which is attached hereto as Exhibit"A"and incorporated herein for all intents
and purposes,for its written consent to the creation of Chambers County Improvement District
No.2 hereinafter referred to as the"Improvement District,"containing 723.06 acres of land,
more or less,within the extraterritorial jurisdiction of the City and located in Chambers County,
Texas,and more particularly described in Section I hereof;and
WHEREAS,the City of Baytown,Texas,hereinafter referred to as the"City."has
received a request,which is attached hereto as Exhibit`B-and incorporated herein for all intents
and purposes.for its written consent to the creation of Chambers County Improvement District
No.3 hereinafter referred to as the"MUD,'*containing 880.30 acres of land,more or less,within
the extraterritorial jurisdiction of the City and located in Chambers County,Texas,and more
particularly described in Section 2 hereof:and
WHEREAS,the landowners and developers who have requested the City Council's consent
have assured the City that they are willing to accept such consent based upon the terms and
conditions as hereinafter stated,and that they,in consideration of the City granting its consent for
the creation of the District have agreed,and by the acceptance of the benefits of this resolution,do
hereby agree to comply with the terms and conditions contained herein;NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That pursuant to the provisions of Section 42.042 of the Texas Local
Government Code and Section 54.016 of the Texas Water Code,the City of Baytown,Texas,
hereby consents to the creation of Chambers County Improvement District No.2,as described in
Exhibit"A"within the extraterritorial jurisdiction of the City and located in Chambers County.
Texas,subject to the conditions by which such creation is being requested as described in Exhibit
"B"of the petition.The land embraced within the limits of Chambers County Improvement
District No.2 is more particularly described in Exhibit"A,"of the petition.
Section 2:That pursuant to the provisions of Section 42.042 of the Texas Local
Government Code and Section 54.016 of the Texas Water Code,the City of Baytown,Texas,
hereby consents to the creation of Chambers County Improvement District No.3,as described in
Exhibit'B"within the extraterritorial jurisdiction of the City and located in Chambers County,
Texas,subject to the conditions by which such creation is being requested as described in Exhibit
'B"of the petition.The land embraced within the limits of Chambers County Improvement
District No.3 is more particularly described in Exhibit'-A,"of the petition.
Section 3:This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED,READ and PASSED,by the affinnativ vote of the City Council of the
City of Baytown this 12th day of March,2009.
S H 1I.DONCARLOS,Mayor
ATTEST:
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"Y IE D L,City Clerk i`n
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APPROVED AS TO FORM:
ACIO RAMIREZ,SR.,Attorney
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1)
PETITION FOR CONSENT TO CREATION
OF AN IMPROVEMENT DISTRICT
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF BAYTOWN:
The undersigned,hereinafter called"Petitioner"(whether one
or more),being the holder of title to all and,therefore,a
majority in value of the lands hereinafter described,as such
values are indicated by the tax rolls of the central appraisal
district of Chambers County,Texas,acting pursuant to the
provisions of Section 54.016,Texas Water Code,as amended,
respectfully petitions for consent to the creation of an
improvement district to be vested with,among other things,the
powers of a municipal utility district,hereinafter called
"District".In support of this petition for consent to creation of
the District,Petitioner shows as follows:
I.
The name of the District will be CHAMBERS COUNTY IMPROVEMENT
DISTRICT NO.2.
II.
The area of the land to be included in the District contains
723.06 acres,more or less,and lies wholly within Chambers County,
Texas.All of said area is within the extraterritorial
jurisdiction of the City of Baytown and is not within the corporate
limits or extraterritorial jurisdiction of any other city.
Petitioner hereby certifies that the lienholder consenting to this
petition is the only holder of liens against the land to be
included in the District.
III.
The land sought to be included within the area of the District
is described by metes and bounds in Exhibit"A"attached hereto and
incorporated herein by reference for all purposes.
IV.
The District will be created and organized under the terms and
provisions of Article XVI,Section 59 of the Constitution of Texas,
Article III,Section 52 of the Constitution of Texas,Chapter 49
and Chapter 54 of the Texas Water Code,as amended,and Chapter 375
of the Texas Local Government Code,as amended.The purposes of
and the general nature of the work proposed to be done by the
District shall be the purchase,construction,acquisition,repair,
EXHIBIT A
extension and improvement of land,easements,works,improvements,
facilities,plants,equipment and appliances necessary to:
(1)provide a water supply for municipal uses,domestic uses
and commercial purposes;
(2)collect,transport,process,dispose of and control all
domestic,industrial or communal wastes whether in fluid,solid or
composite state;
(3)gather,conduct,divert and control local storm water or
other local harmful excesses of water in the District and the
payment of organization expenses,operational expenses during
construction and interest during construction;
(4)establish,finance,provide,operate and maintain a fire
department and/or fire-fighting services("firefighting
facilities")within the District subject to approval of the Texas
Commission on Environmental Quality pursuant to its rules and
Chapter 49 of the Texas Water Code,as amended,as and if required;
(5)design,acquire,construct and finance macadamized,
graveled or paved roads or improvements,including storm drainage,
in aid of those roads("Road Powers")pursuant to applicable law
and Article III,Section 52 of the Texas Constitution;
(6)finance,develop and maintain recreational facilities
for the people of the District;
(7)promote,develop,encourage and maintain employment,
commerce,economic development,and the public welfare in the area
within the District;
(8)secure expanded and improved transportation and
pedestrian facilities and systems to benefit land and property
within the District;and
(9)to provide such other facilities,systems,plants and
enterprises as shall be consonant with the purposes for which the
District is created and permitted under state law.
V.
The area of the District is urban in nature,is within the
growing environs of the City of Baytown,and is in close proximity
to populous and developed sections of Chambers County.The
District's area will,within the immediate future,experience a
substantial and sustained industrial and commercial growth.
Therefore,there is a necessity for the improvements described
above for the following reasons:
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(1)The District's area is not supplied with adequate water
and sanitary sewer facilities and services,or with adequate
drainage facilities.The health and welfare of the future
inhabitants of the area and of territories adjacent thereto require
the installation and acquisition of adequate water,sanitary sewer,
and drainage facilities for and within the area of the District.
(2)The future inhabitants of the area and of territories
adjacent thereto require adequate road facilities,as same are
necessary and desirable for the health and welfare of such
inhabitants,and for the orderly growth of industrial and
commercial development within the area and territories adjacent
thereto.Road Powers are necessary to the District and to the land
within the District as such powers will allow the District to
construct,acquire,improve,and provide financing for road
facilities that may not otherwise be constructed in a manner that
will proactively address safety,capacity,durability,economic
feasibility,and regional mobility issues.
(3)The future inhabitants of the area and of territories
adjacent thereto may require fire-fighting facilities in order to
supplement or supplant fire-fighting services otherwise provided by
governmental entities other than the District,as fire-fighting
services are necessary and desirable for the health and welfare of
such inhabitants.
(4)The future inhabitants of the area and of territories
adjacent thereto require such additional facilities as may be
necessary to promote,develop,encourage and maintain employment,
commerce,economic development,and the public welfare in the area
within the District,including,without limitation,recreational
facilities.
A public necessity exists for the organization of such
District to promote,develop,encourage and maintain employment,
commerce,economic development,and the public welfare in the area
within the District and to promote and protect the purity and
sanitary condition of the State's waters and the public health and
welfare of the community,by and through the purchase,
construction,extension,improvement,maintenance and operation of
a water supply and sanitary sewer system,drainage facilities,road
facilities,and,subject to the laws of the State of Texas and the
rules of the Texas Commission on Environmental Quality,fire-
fighting facilities,and such additional facilities,including,
without limitation,recreational facilities,as may be necessary
and appropriate to accomplish such functions.
VI.
The Petitioner agrees and hereby covenants that if the
requested consent to the creation of the District is given,the
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Petitioner will adopt and abide by,and will cause the District
upon its final creation to adopt and abide by,the conditions set
forth in Exhibit"B",attached hereto and incorporated herein for
all purposes.
VII.
It is now estimated by those filing this petition,from such
information as they have at this time,that the ultimate cost of
the development contemplated will be approximately$42,300,000 for
water,sewer and drainage facilities,$5,000,000 for recreational
facilities,and$10,700,000 for road facilities.
WHEREFORE,Petitioner respectfully prays that this petition be
granted in all respects and that the City of Baytown give its
written consent to the creation of said District.
[SIGANTURE PAGE FOLLOWS]
-4-
Dated this/74 day of March,2009.
AMERIPORT,LLC,
a Texas limited liability company
By:NPH AmeriPort,LLC,
a Texas limited liability company
B y:4 4&Ad,
Russell Plank,Manager
"PETITIONER"
THE STATE OF TEXAS§
COUNTY OF HARRIS§
This instrument was acknowledged before me on this the lfih
day of March,2009,by Russell Plank,Manager of NPH AmeriPort,
LLC,a Texas limited liability company and a Manager of AmeriPort
LLC,on behalf of said entity.
��a--)
(SEAL)Notary Pub is in and for
the State of TEXAS
�KAREN L.HORNERN Public.State of Texas
Comion Expires May 9,2010 1k
1Tl!/4,MsZRl2Ytl.'/-'CSdtllQ7t+
208677.8
-5-
Exhibit A
Chambers County Improvement District No.2 G.L.Short Survey
723.06 Acres Abstract No.228
R,A.Porter Survey
Abstract No.205
STATE OF TEXAS§
COUNTY OF CHAMBERS§
A METES&BOUNDS description of a certain 723,06 acre tract,situated in the G.L.Short
Survey,Abstract No.228,the R.A.Porter Survey,Abstract No.205 in Chambers County,
Texas;being all of a called 1.9725 acre tract(Tract 1),all of a called 17.5648 acre tract(Tract
2),all of a called 665.8778 acre tract(Tract 3),and all of a called 37.6437 acre tract(Tract 4)
described in Deed of Trust recorded in Volume(08)1053,Page 719 of the Chambers County
Official Public Records;said 723.06 acre tract being comprised of four tracts and being more
particularly described as follows with all bearings being based on the Texas Coordinate System,
South Central Zone,NAD83;
Tract I-1.97 acres
BEGINNING at the northeast comer of said called 1.9725 acre tract,being in the north right-of-
way line of Farm to Market Road No.565(Old Alignment),as recorded in Volume 120,Page
475 of the Chambers County Deed Records;E
THENCE,along the southeast line of the said 1.9725 acre tract,common with the northwest
right-of-way line of said Farm to Market Road No.565(Old Alignment),along the arc of a curve
to the left having a radius of 612.96 feet,a central angle of 80°06'02",an arc length of 856.93
feet,and a long chord bearing South 38032'49"West,788.83 feet,to a point for corner;
i
THENCE,South 0103010"East,continuing along said common line,51.93 feet to a point for
corner marking the southem corner of the said 1.9725 acre tract,being in the east line of a
called 63.623 acre tract as recorded in Volume(07)995,Page 26 of the Chambers County
Official Public Records;
THENCE,North 13°22'45"West,along the west line of the said 1.9725 acre tract,common with
the east line of the said 63.623 acre tract,559.38 feet to the northwest corner of the said 1.9725
acre tract,common with a southwest corner of a called 92.8172 acre tract as recorded in
Volume(07)943,Page 142 of the Chambers County Official Public Records;
THENCE,North 78037'32"East,along the north line of said 1.9725 acre tract,common with a
south line of said 92.8172 acre tract,632.05 feet to the POINT OF BEGINNING,CONTAINING
1.97 acres of land in Chambers County,Texas.
Tract II-17.56 acres
BEGINNING at the northeast comer of the aforementioned 17.5648 acre tract,being in the
south right-of-way line of the aforementioned Farm to Market Road No.565(Old Alignment);
THENCE,South 17°51'16"East,48.43 feet to the beginning of a non-tangent curve to the left in
the north right-of-way line of Farm to Market Road No.565(new right-of-way location)as
described in Volume(90)104,Page 441 of the Chambers County Official Public Records;
1
Chambers County Improvement District No.2 G.L.Short Survey
723.06 Acres Abstract No.228
R.A.Porter Survey
Abstract No.205
THENCE,along the south line of the aforementioned 17.5648 acre tract,common with the north
right-of-way line of said Farm to Market Road No.565(new right-of-way location)the following
three(3)courses and distances:i
1.Along the arc of said non-tangent curve to the left having a radius of 1,969.86 feet,a i
central angle of 14°10'39",an arc length of 487.43 feet,and a long chord bearing South
50041*22"West,486.19 feet to a point for corner;
2.South 43036'03"West,894.38 feet to the beginning of a curve to the right;
3.Along the arc of said curve to the right having a radius of 1,849.86 feet,a central angle
of 15°38'15",an arc length of 504.88 feet,and a long chord bearing South 51°25'10"E
West,503.31 feet to a point for comer;
THENCE,North 13025'03"West,198.68 feet to the beginning of a non-tangent curve to the left;
THENCE,along the arc of said curve to the left having a radius of 612.96 feet,a central angle of
10010'16",an arc length of 108.81 feet,and a long chord bearing North 03034'57"East,108.67
feet to a point for corner;
THENCE,North 01030'10"West,278.30 feet to the beginning of a curve to the right;
t
THENCE,along the arc of said curve to the right having a radius of 532.96 feet,a central angle
of 80005'59",an arc length of 745.08 feet,and a long chord bearing North 38032'49"East,
685.87 feet to a point for comer,
THENCE,North 78037'32"East,1,010.63 feet to the POINT OF BEGINNING,CONTAINING
17.56 acres of land in Chambers County,Texas.
Tract I I I-665.89 acres
BEGINNING at the northeast comer of the said 665.8778 acre tract,being in the south right-of-
way line of the aforementioned Farm to Market Road No.565(new right-of-way location);
THENCE,South 02031'31"East,2,829.73 feet to a point for comer,
THENCE,North 87011'15"East,2,512.35 feet to a point for corner;
THENCE,South 02047'49"East,1,273.52 feet to a point for corner;
THENCE,South 32941'35"West,1,392.72 feet to a point for comer;
THENCE,South 31°38'35"West,3,151.63 feet to the beginning of a curve to the left;
2
i
Chambers County Improvement District No.2 G.L.Short Survey
723,06 Acres Abstract No.228
R.A.Porter Survey
Abstract No.205
THENCE,along the are of said curve to the left having a radius of 580.00 feet,a central angle of
28°30'23",an are length of 288.57 feet,and a long chord bearing South 17023'24"West,285.60
feet to a point for corner;
THENCE,South 77°19'54"West,641.27 feet to a point for corner;
i
I
THENCE,North 12"47'30"West,3,758.66 feet to a point for corner;
THENCE,South 77018'04"West,2,710.22 feet to a point for comer,
THENCE,North 12°19'24"West,3,101.61 feet to a point for comer;
THENCE,North 77*09'13"East,554.11 feet to the beginning of a curve to the left;
THENCE,along the arc of said curve to the left having a radius of 1,969.86 feet,a central angle
of 08"25'45",an arc length of 289.80 feet,and a long chord bearing North 72°56'20"East,i
289.54 feet to a point for comer;j
THENCE,North 76055'21"East,282.15 feet to a point for corner;
I
THENCE,North 13025'02"West,61.94 feet to the beginning of a non-tangent curve to the left;
THENCE,along the arc of said curve to the left having a radius of 1,969.86 feet,a central angle
of 16°43'28",an arc length of 575.00 feet,and a long chord bearing North 51°57'47"East,i
572.96 feet to a point for corner;'
THENCE,North 43036'03"East,894.38 feet to the beginning of a curve to the right;
THENCE,along the arc of said curve to the right having a radius of 1,849.86 feet,a central
angle of 35000'00",an arc length of 1,130.02 feet,and a long chord bearing North 61°06'03"
East,1,112.53 feet to a point for corner;
i
THENCE,North 78036'03"East,522.22 feet to the beginning of a curve to the right;
THENCE,along the arc of said curve to the right having a radius of 5,669.58 feet,a central
angle of 01*02'10",an arc length of 102.52 feet,and a long chord bearing North 79°07'09"East,
102.52 feet to a point for comer;
THENCE,North 79038'13"East,840.21 feet to the POINT OF BEGINNING,CONTAINING
665.89 acres of land in Chambers County,Texas.
Tract IV-37.64 acres
BEGINNING at the north comer of the aforementioned called 37.6437 acre tract,being in the
southeast line of the Coastal Industrial Water Authority Canal(called 180-feet wide)as recorded
in Volume 308,Page 281 of the Chambers County Deed Records;
3
I
Chambers County Improvement District No.2 G.L.Short Survey
723.06 Acres Abstract No.228
R.A.Porter Survey
Abstract No.205
THENCE,South 02047'49"East,along the east line of the said 37.6437 acre tract,common with
the east line of the remainder of a called 210.29 acre tract as recorded in Volume 172,Page
166 of the Chambers County Deed Records,2,158.70 feet to a point for corner marking the
southeast comer of the said 37.6437 acre tract,common with the northeast comer of a called
59.974 acre tract recorded in Volume 165,Page 456,of the Chambers County Deed Records;
THENCE,South 87014'55"West,along the south line of the said 37.6437 acre tract,common
with the north line of said 59.974 acre tract,1,504.79 feet to a point for corner marking the
southwest corner of the said 37.6437 acre tract being in the southeast line of the
aforementioned Coastal Industrial Water Authority Canal;
THENCE,North 31°38'35"East,along the northwest line of the said 37.6437 acre tract,
common with the being in the southeast line of the aforementioned Coastal Industrial Water
Authority Canal,1,491.90 feet to a point for comer,
THENCE,North 32*41'35"East,continuing along said common line,1,138.65 feet to the POINT
OF BEGINNING,CONTAINING 37.64 acres of land in Chambers County,Texas along with the
herein described 1.97 acre tract(Tract 1),and the herein described 17.56 acre tract(Tract II),
and the herein described 665.88 acres(Tract III)for a total acreage of 723.06 acres.
This document was prepared under 22 TAC 663.21,and does reflect the results of an on the
ground survey,and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or configuration of the political
subdivision for which it was prepared.
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EXHIBIT"B"
CONDITIONS TO CONSENT TO CREATION OF
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2
a.Ratification of Conditions of Consent.Prior to the sale or offer to sell any bonds of the
District,the petitioners will cause a duplicate original of these conditions to be approved,
ratified and executed by the governing body and officers of the District and will deliver
or cause to be delivered the executed agreement to the City Attorney of the City by which
such approval and ratification is evidenced.
b.Bonds to be Issued for Specific Purpose Only.Bonds may be issued by the District
only for the purposes of the purchase,construction,acquisition,repair,contracting for,
extension and improvement of or otherwise acquiring land,easements,works,
improvements,facilities,plants,equipment and appliances necessary to:
•provide a water supply for municipal uses,domestic uses and commercial purposes;
•collect,transport,process,dispose of and control all domestic or communal wastes
whether in fluid,solid or composite state;
•gather,conduct,divert and control local storm water or other local harmful excesses
of water in the District and the payment of organization expenses,operation expenses
during construction,interest during construction,and the cost of issuing bonds;
•establish,finance,provide,operate and maintain a fire department and/or fire-fighting
services:
•design,acquire,construct and finance macadamized,graveled or paved roads or
improvements,including storm drainage,in aid of those roads;
•finance,develop and maintain recreational facilities;
•promote,develop,encourage and maintain employment,commerce,economic
development,and the public welfare in the area within the District;
•secure expanded and improved transportation and pedestrian facilities and systems to
benefit land and property within the District;
•to provide such other facilities,systems,plants and enterprises as shall be consonant
with the purposes for which the District is created and permitted under state law;or
•refund bonds issued for the foregoing purposes.
C.Terms of Bonds.The District's bonds shall expressly provide that the District shall
reserve the right to redeem said bonds on any interest payment date subsequent to the 15`h
anniversary of the date of issuance without premium.The bonds,other than refunding
bonds and bonds sold to a federal or state agency,shall be sold only after the taking of
public bids therefor.None of the bonds,other than refunding bonds and bonds sold to a
federal or state agency,shall be sold for less than 95%of par;provided,however,the net
effective interest rate on bonds so sold,taking into account any discount or premium as
well as the interest rate borne by such bonds,shall not exceed two percent above the
highest average interest rate reported by the Daily Bond Buffer in its weekly"20 Bond
Index"during the one-month period next preceding the date notice of the sale of such
bonds is given.Bids for the bonds shall be received not more than 45 days after notice of
sale of the bonds is given.To the extent any bonds of the District are secured by a pledge
of the revenues from the operation of the District's system,the resolution authorizing the
issuance of such bonds must contain a provision that the pledge of the revenues from the
operation of the District's water and sewer and/or drainage system to the payment of such
bonds will terminate when and if the City annexes the territory of the District,takes over
the assets of the District and assumes all of the obligations of the District.
d.Approval for Annexation by District.No land will be added or annexed to the District
until the City has given its written consent by resolution of the City Council to such
addition or annexation.
e.Approval of Plans and Specifications.The District,its directors,officers or developers
and landowners shall submit to the City Engineer of the City,before the commencement
of any construction within the territory of the District,all plans and specifications for the
construction of water,sanitary sewer,drainage,road,recreational and fire-fighting
facilities to serve such District and obtain written approval of such plans and
specifications from the City Engineer.All water wells,water meters,fire hydrants,flush
valves,valves,pipes and appurtenances installed or used within the territory of the
District shall conform exactly to the specifications of the City.All water service lines
and sewer service lines,lift stations,sewer treatment facilities,and appurtenances thereto,
installed or used within the territory of the District shall comply with the City's standard
plans and specifications.All road,recreational and fire-fighting facilities installed or
used within the territory of the District shall conform to all applicable specifications of
the City.Prior to the construction of such facilities within the District's territory,the
District or its engineer,shall give written notice by registered or certified mail to the City
Engineer,stating the date that such construction will commence.The construction of the
District's water,sanitary sewer,drainage,road,recreational and fire-fighting facilities
shall be in accordance with the approved plans and specifications and with applicable
standards and specifications of the City.During the progress of the construction and
installation of such facilities,the City Engineer of the City,or his duly authorized
representative,shall be entitled to make periodic on the ground inspections at any time.
As further definition of the terms used in this subsection,specific mention of the fact is
made that"plans and specifications,""standard plans and specifications,""approved
plans and specifications,"or"applicable standards and specifications"are defined to
mean and to require City approval only of the method of construction and types of
materials to be employed therein by the District and are not meant to limit the discretion
of the board of directors of the District to determine what facilities may be constructed,
paid for and maintained by the District.
f.Employment of Operator.If applicable,the District must employ an operator holding a
valid certificate of competency issued under the direction of the Texas Commission on
Environmental Quality as required in Section 26.0301 of the Texas Water Code.The
District shall allow representatives of the City to supervise the continued operations of
the sewage treatment facility by making periodic inspections thereof.
g.Subdivisions to be Property Platted.The owner or developer of the land included
within the limits of the District shall,prior to the sale of any lot or parcel of land,obtain
the approval of the Planning and Zoning Commission of the City of a plat which will be
2
duly recorded in the Map and Plat records of Chambers County,Texas,and otherwise
comply with the rules and regulations of the City.The District will not provide water or
sewer service to any lot unless the plat covering such lot has been approved by the
Planning and Zoning Commission.
h.Notice Required before Bond Issuance.Before the issuance of any series of District
bonds,the District shall tender to the City Manager written notice of the contemplated
issuance at least thirty days prior thereto,which notice shall include the amount of the
bonds to be authorized,the timing of such issuance,along with any other information
requested by the City Manager.
i.Water and Sewer Rates.The District will use its best efforts to structure its rates for
water and sewer service in the same manner as the City even though level of rates may
vary.
j.Treated Water and Sewer Services.The District currently intends to enter into a
contract with the City of Baytown for the purchase of treated water services,subject to
mutual agreement as to terms and conditions therefor.The District currently intends to
enter into a contract with the City of Baytown for the purchase of wastewater treatment
and disposal services,subject to mutual agreement as to terms and conditions therefor.
Any such agreements shall provide that the District agrees that no water or sewer service
shall be provided to land outside the boundaries of the District without the prior written
approval of the City Council of the City.
k.General Plan and Land Use.The land within the District will be developed in
accordance with the General Plan to be approved by the City.
1.Annexation At Any Time.The enabling legislation for the creation of the District shall
contain provisions that will allow the City(i)to annex all or part of the District,
notwithstanding any provision of Chapter 43,Local Government Code,(ii)that such
annexation shall not result in total or partial dissolution of the District or an assumption
by the City of any of the District's obligations or indebtedness,and(iii)that annexation of
all or part of the District has no effect on the validity of the District and the District shall
continue to exist and exercise the powers granted to it by such enabling legislation.
209679.3
3
PETITION FOR CONSENT TO CREATION
OF A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF BAYTOWN:
The undersigned,hereinafter called"Petitioner"(whether one
or more),being the holder of title to all and,therefore,a
majority in value of the lands hereinafter described,as such
values are indicated by the tax rolls of the central appraisal
district of Chambers County,Texas,acting pursuant to the
provisions of Section 54.016,Texas Water Code,as amended,
respectfully petitions for consent to the creation of a municipal
utility district,hereinafter called"District".In support of
this petition for consent to creation of the District,Petitioner
shows as follows:
I.
The name of the District will be CHAMBERS COUNTY IMPROVEMENT
DISTRICT NO.3.
II.
The area of the land to be included in the District contains
880.30 acres,more or less,and lies wholly within Chambers County,
Texas.All of said area is within the extraterritorial
jurisdiction of the City of Baytown and is not within the corporate
limits or extraterritorial jurisdiction of any other city.
Petitioner hereby certifies that the lienholder consenting to this
petition is the only holder of liens against the land to be
included in the District.
III.
The land sought to be included within the area of the District
is described by metes and bounds in Exhibit"A"attached hereto and
incorporated herein by reference for all purposes.
IV.
The District will be created and organized under the terms and
provisions of Article XVI,Section 59 of the Constitution of Texas
Chapter 49 and Chapter 54 of the Texas Water Code,as amended,and
Article III,Section 52 of the Constitution of Texas.The purposes
of and the general nature of the work proposed to be done by the
District shall be the purchase,construction,acquisition,repair,
extension and improvement of land,easements,works,improvements,
facilities,plants,equipment and appliances necessary to:
EXHIBIT B
(1)provide a water supply for municipal uses,domestic uses
and commercial purposes;
(2)collect,transport,process,dispose of and control all
domestic,industrial or communal wastes whether in fluid,solid or
composite state;
(3)gather,conduct,divert and control local storm water or
other local harmful excesses of water in the District and the
payment of organization expenses,operational expenses during
construction and interest during construction;
(4)establish,finance,provide,operate and maintain a fire
department and/or fire-fighting services("firefighting
facilities")within the District subject to approval of the Texas
Commission on Environmental Quality pursuant to its rules and
Chapter 49 of the Texas Water Code,as amended,as and if required;
(5)design,acquire,construct and finance macadamized,
graveled or paved roads or improvements,including storm drainage,
in aid of those roads("Road Powers")pursuant to applicable law
and Article III,Section 52 of the Texas Constitution;
(6)to provide such other facilities,systems,plants and
enterprises as shall be consonant with the purposes for which the
District is created and permitted under state law.
V.
The area of the District is urban in nature,is within the
growing environs of the City of Baytown,and is in close proximity
to populous and developed sections of Chambers County.The
District's area will,within the immediate future,experience a
substantial and sustained residential and commercial growth.
Therefore,there is a necessity for the improvements described
above for the following reasons:
(1)The District's area is not supplied with adequate water
and sanitary sewer facilities and services,or with adequate
drainage facilities.The health and welfare of the future
inhabitants of the area and of territories adjacent thereto require
the installation and acquisition of adequate water,sanitary sewer,
and drainage facilities for and within the area of the District.
(2)The future inhabitants of the area and of territories
adjacent thereto require adequate road facilities,as same are
necessary and desirable for the health and welfare of such
inhabitants,and for the orderly growth of residential and
commercial development within the area and territories adjacent
thereto.Road Powers are of necessity to the District and to the
land within the District as such powers will allow the District to
-2-
construct,acquire,improve,and provide financing for road
facilities that may not otherwise be constructed in a manner that
will proactively address safety,capacity,durability,economic
feasibility,and regional mobility issues.
(3)The future inhabitants of the area and of territories
adjacent thereto may require fire-fighting facilities in order to
supplement or supplant fire-fighting services otherwise provided by
governmental entities other than the District,as fire-fighting
services are necessary and desirable for the health and welfare of
such inhabitants.
A public necessity exists for the organization of such
District to promote and protect the purity and sanitary condition
of the State's waters and the public health and welfare of the
community,by and through the purchase,construction,extension,
improvement,maintenance and operation of a water supply and
sanitary sewer system,drainage facilities,road facilities,and,
subject to the laws of the State of Texas and the rules of the
Texas Commission on Environmental Quality,fire-fighting
facilities.
VI.
The Petitioner agrees and hereby covenants that if the
requested consent to the creation of the District is given,the
Petitioner will adopt and abide by,and will cause the District
upon its final creation to adopt and abide by,the conditions set
forth in Exhibit"B",attached hereto and incorporated herein for
all purposes.The Petitioner further agrees and hereby covenants
that if the requested consent to the creation of the District is
given,the Petitioner will cause the District upon its final
creation to enter into a Strategic Partnership Agreement pursuant
to Local Government Code Section 43.0751 with the City of Baytown,
which agreement shall address the imposition of City of Baytown
sales tax in the retail commercial areas of the District and to the
imposition of the municipal regulations identified in Exhibit"B"
in the retail commercial areas of the District
VII.
It is now estimated by those filing this petition,from such
information as they have at this time,that the ultimate cost of
the development contemplated will be approximately$59,300,000 for
water,sewer and drainage facilities and$16,500,000 for road
facilities.
WHEREFORE,Petitioner respectfully prays that this petition be
granted in all respects and that the City of Baytown give its
written consent to the creation of said District.
-3-
Dated this JZAk day of March,2009.
GRAND PARKWAY/KILGORE PARKWAY,LP,
a Texas limited partnership
By:Grand Parkway/Kilgore Parkway GP,
LLC,a Texas limited liability
compan�,mitts general partner
By:4''I
Russell Plank,Manager
"PETITIONER"
THE STATE OF TEXAS§
COUNTY OF HARRIS§
This instrument was acknowledged before me on this the Imo'
day of March,2009,by Russell Plank,Manager of Grand
Parkway/Kilgore Parkway GP,LLC,a Texas limited liability company
and the general partner of Grand Parkway/Kilgore Parkway,LP,a
Texas limited partnership,on behalf of said entities.
(SEAL)Not ry Public in and for
n�>m the State of TEXAS
KAREN L.HORNER
t Notary Public,State of Texas
20867 4 Commission Expires May 9,2010
.mzttzu�r
-4-
Exhibit
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.416
A.B.J.Winfree Survey
Abstract No.306
STATE OF TEXAS§
COUNTY OF CHAMBERS§
A METES&BOUNDS description of a certain 880.30 acre tract,situated in the Jacob
Townsend Survey,Abstract No.25,the R.A.West Survey,Abstract No.314,the Kate Dugat
Survey,Abstract No.416,and the A.B.J.Winfree Survey,Absract No.306 all in Chambers
County,Texas;being all of a called 285.48 acre tract(Tract 1),all of a called 129.96 acre tract
(Tract 2),and all of a called 254.14 acre tract(Tract 3)described in Special Warranty Deed with
Vendor's Lien recorded in Volume(08)1067,Page 264 of the Chambers County Official Public
Records,and all of a called 210.72 acre tract described in Special Warranty Deed recorded in
Volume(08)1074,Page 223 of the Chambers County Official Public Records;said 880.30 acre'
tract being comprised of three tracts and being more particularly described as follows with all
bearings being based on the Texas Coordinate System,South Central Zone,NAD83;
Tract I-285.48 acres
BEGINNING at the northeast comer of said called 285.48 acre tract,being common with a i
northwest comer of a called 11.89 acre tract conveyed to Coastal Industrial Water Authority
recorded in Volume 313,Page 663 of the Chambers County Deed Records;
THENCE,South 04"19'04"West,2683.79 feet to a point for corner in the beginning of a curve
to the right;
THENCE,along the are of said curve to the right,having a radius of 930.06 feet,a central angle
of 12"32'57",an arc length of 203.71 feet,and a long chord bearing South 1003534"West,
203.30 feet to a point for corner,
THENCE,South 16055'29"West,1096.02 feet to a point for corner marking the southeast
comer of the aforementioned called 285.48 acre tract;i
THENCE,South 87°37'03"West,along the south line of said called 285.48 acre tract,3049.05
feet to a point for coerner marking the southwest corner of the said called 285.48 acre tract;
THENCE,North 01°43'33"West,along a west line of the said called 285.48 acre tract,being
common with the east line of the B.B.B.&C.R.R.Co.Survey,Abstract No.61,1108.94 feet to a
point for corner marking a southern northwest comer of the said called 285.48 acre tract;
THENCE,North 80°14'58"East,along the lower west line of the said called 285.48 acre tract,
421.47 feet to a point for corner marking an interior corner of the said called 285.48 acre tract;
1
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.416
A.B.J.Winfree Survey
Abstract No.306
THENCE,North 02°39'44"West,along the upper west line of the said called 285.48 acre tract,
2708.36 feet to a point for comer marking the northwest comer of said called 285.48 acre tract,
said point being the occupied northwest comer of the Jacob Townsend Survey,Abstract 25;
THENCE,North 87004'16"East,along the north line of the called 285.48 acre tract(common
with the north line of the Jacob Townsend Survey,Abstract 25),1773.49 feet to a point for
corner,j
THENCE,North 87°15'45"East,along the north line of the called 285.48 acre tract(common
with the north line of the Jacob Townsend Survey,Abstract 25),1579.36 feet to the POINT OF
BEGINNING,CONTAINING 285.48 acres of land in Chambers County,Texas
i
Tract II-129.96 acres
BEGINNING at the northeast comer of the aforementioned 129.96 acre tract(in the north line of
the Jacob Townsend Survey,Abstract 25),said point also marking the northwest comer of a j
called 40,801 acre tract(Parcel 18)as described in Second Amended Notice of Lis Pendis
recorded in Volume(07)934,Page 280 of the Chambers County Official Public Records;
THENCE,South 29°4T53"West,along the east line of said 129.96 acre tract,common with the
west line of said 40.801 acre tract being the west right-of-way line of State Highway 99,2795.10
feet to a point for comer at the beginning of a curve to the left;
THENCE,along the arc of said curve to the left,having a radius of 4019.72 feet,a central angle
of 23°18'04",a chord length of 1623.51 feet,and a long chord bearing South 18°08'51"West,
continuing in all a total arc length of 1634.75 feet to a point for comer at the southeast corner of
the said 129.96 acre tract,said point also marking the southwest corner of said 40.801 acre
tract;
THENCE,South 87039'30"West,along the south line of said 129.96 acre tract(common with
the south line of the Jacob Townsend Survey,Abstract 25),1005.32 feet to a point for comer
marking the southwest comer of said 129.96 acre tract,being in the occupied east right-of-way
line of Needlepoint Road(as described in the parent tract deed);
THENCE,along the west line of said 129.96 acre tract,described as being common with the
occupied east right-of-way line of Needlepoint Road the following nine(9)courses and
distances:
1.North 16°24'09"East,1157.81 feet to a point for corner;
2.North 15*19'42"East,41.33 feet to a point for comer;
2
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.416
A.B.J.Winfree Survey
Abstract No.306
3.North 15°23'18"East,55.80 feet to a point for comer;
i
4.North 17°10'54"East,45.19 feet to a point for comer,
5.North 08*38'17"East,37.06 feet to a point for comer;
6.North 02°31'50"East,54.46 feet to a point for comer,
7.North 01 057'55"East,47.69 feet to a point for comer;
8.North 01°22'26"East,524.57 feet to a point for comer,
9.North 04°28'33"East,2045.44 feet to a point for corner marking the northwest corner of
said 129.96 acre tract;
THENCE,North 89012'24"East,with the north line of said 129.96 acre tract(common with the
north line of the Jacob Townsend Survey,Abstract 25),1407.80 feet to a point for comer;
THENCE,North 87°34'17"East,along the north line of said 129.96 acre tract,944.50 feet to the
POINT OF BEGINNING,CONTAINING 129.96 acres of land in Chambers County,Texas
Tract III-464.86 acres(combination of 254.14 and 210.72 acre tracts)
BEGINNING at the northwest comer of the said 210.72 acre tract;
THENCE,North 87"31'31"East,along the north line of said 210.72 acre tract,1796.29 feet to a
point for corner at a northeast comer of the said 210.72 acre tract;
THENCE,South 03°07'50"East,along the east line of said 210.72 acre tract,1709.93 feet to a
point for comer,
THENCE,North 88°05'10°East,with a north line of said 210.72 acre tract,1716.89 feet to a
point for comer;
THENCE,South 01°40'35'East,along an east line of said 210.72 acre tract,1242.97 feet to a
point for comer,
THENCE,South 87*59'43"West,3.91 feet to a point for comer;
THENCE,South 01033'16°East,along an east line of the aforementioned 210.72 acre tract,
868.67 feet to a point for comer;
3
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No.416
A.B.J.Winfree Survey
Abstract No.306
THENCE,South 88*18'21"West,398.02 feet to a point for comer,i
THENCE,South 01°26'48'East,192.80 feet to a point for comer,
THENCE,South 87'28'30'West,819.13 feet to a point for comer,
THENCE,South 02030'46"East,160.39 feet to a point for corner,
THENCE,South 07°49'09"East,360.01 feet to a point for corner;
THENCE,South 15038'38"East,338.95 feet to a point for comer;j
THENCE,North 87027'23"East,693.04 feet to a point for comer;I`
THENCE,South 01 026'48"East,19.26 feet to a point for comer,
THENCE,South 87°43'36"East,396.00 feet to a point for comer',
THENCE,South 01*27'10'East,26.16 feet to a point for comer,
THENCE,South 89'31'04"East,598.07 feet to a point for corner,said point also being in the
westerly right-of-way of Farm to Market Road(F.M.)3180(140 foot right-of-way),dedication of
which is recorded in Volume 300,Page 622 of the Chambers County Deed Records;
THENCE,South 07°09'09 West,along the westerly right-of-way of said F.M.3180,100.68 feet
to a point for comer,
THENCE,North 89031'04"West,577.87 feet to a point for comer,
THENCE,North 01°33'16'West,25.84 feet to a point for comer,
THENCE,North 87'43'36"West,497.18 feet to a point for comer,
THENCE,North 04'36'34'West,11.39 feet to a point for comer,
THENCE,South 87'27'23"West,673.99 feet to a point for corner;
THENCE,North 15038'45"West,425.19 feet to a point for comer;
THENCE,North 07°49'09"West,371.48 feet to a point for comer,
4
Chambers County Improvement District No.3 Jacob Townsend Survey
880.30 Acres Abstract No.25
R.A.West Survey
Abstract No.314
Kate Dugat Survey
Abstract No,416
A.B.J.Winfree Survey
Abstract No.306
THENCE,South 87°27'38"West,509.36 feet to a point for corner,said point also being in the
east line of the aforementioned 254.14 acre tract;
THENCE,South 02°31'16"East,along the east line of the said 254,14 acre tract(common with
the east line of the Jacob Townsend Survey,Abstract 25),2747.10 feet to a point for comer
marking the southeast corner of said 254.14 acre tract;
THENCE,South 87°39'30"West,along the south line of said 254.14 acre tract(common with
the south line of the Jacob Townsend Survey,Abstract 25),3790.48 feet to a point for comer In
the east right-of-way line of State Highway 99 being described as a called 40.801 acre tract
(Parcel 18)in Second Amended Notice of Lis Pendis recorded in Volume(07)934,Page 280 of
the Chambers County Official Public Records,said point being in the arc of a non-tangent curve
to the right;
THENCE,along the west line of the said 254.14 acre tract,common with the east right-of-way I
line of said State Highway 99 and the arc of said non-tangent curve to the right,having a radius
of 3619.72 feet,a central angle of 22°18'55",an arc length of 1409.79 feet,and a long chord
bearing North 18'38'26"East,1400.90 feet to a point for comer;
THENCE,North 29°4T53"East,continuing along said east right-of-way line of State Highway
99,2795.78 feet to a point for comer at the beginning of a curve to the left;
THENCE,along the east line of said State Highway 99,and along the arc of said curve to the
left,having a radius of 3064.79 feet,a central angle of 57°06'39",an arc length of 3,054.89 feet,
and a long chord bearing North 01*14'33'East,2,929.99 feet to a point for comer,
THENCE,North 27°18'47"West,continuing along the east line of said State Highway 99,
156.96 feet to a point for comer,
THENCE,North 02°44'58"West,193.07 feet to the POINT OF BEGINNING,CONTAINING
464.86 acres of land in Chambers County,Texas,along with the herein described 285.48 acre
tract(Tract 1),and the herein described 129.96 acre tract(Tract II)for a total acreage of 880.30
acres.
This document was prepared under 22 TAC 663.21,and does reflect the results of an on the
ground survey,and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or configuration of t'tical
subdivision for which it was prepared.or
41.
P:\PROJECTS\05454-National Property Holdings\003\02\SURVEY\LEGALSIPOLMCAL BOUNDARY KIL
tuft G
I
EXHIBIT"B"
CONDITIONS TO CONSENT TO CREATION OF
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.3
*******************************************************************************
a.Ratification of Conditions of Consent.Prior to the sale or offer to sell any bonds of the
District,the petitioners will cause a duplicate of these conditions to be approved,ratified
and executed by the governing body and officers of the District and will deliver or cause
to be delivered the executed agreement to the City Attorney of the City by which such
approval and ratification is evidenced.
b.Bonds to be Issued for Specific Purpose Only.Bonds may be issued by the District
only for the purposes of the purchase,construction,acquisition,repair,contracting for,
extension and improvement of or otherwise acquiring land,easements,works,
improvements,facilities,plants,equipment and appliances necessary to:
•provide a water supply for municipal uses,domestic uses and commercial purposes;
•collect,transport,process,dispose of and control all domestic or communal wastes
whether in fluid,solid or composite state;
•gather,conduct,divert and control local storm water or other local harmful excesses
of water in the District and the payment of organization expenses,operation expenses
during construction,interest during construction,and the cost of issuing bonds;
•establish,finance,provide,operate and maintain a fire department and/or fire-fighting
services;
•design,acquire,construct and finance macadamized,graveled or paved roads or
improvements,including storm drainage,in aid of those roads;
•to provide such other facilities,systems,plants and enterprises as shall be consonant
with the purposes for which the District is created and permitted under state law;or
•refund bonds issued for the foregoing purposes.
C.Terms of Bonds.The District's bonds shall expressly provide that the District shall
reserve the right to redeem said bonds on any interest payment date subsequent to the 151h
anniversary of the date of issuance without premium.The bonds,other than refunding
bonds and bonds sold to a federal or state agency,shall be sold only after the taking of
public bids therefor.None of the bonds,other than refunding bonds and bonds sold to a
federal or state agency,shall be sold for less than 95%of par;provided,however,the net
effective interest rate on bonds so sold,taking into account any discount or premium as
well as the interest rate borne by such bonds,shall not exceed two percent above the
highest average interest rate reported by the Daily Bond Buyer in its weekly"20 Bond
Index"during the one-month period next preceding the date notice of the sale of such
bonds is given.Bids for the bonds shall be received not more than 45 days after notice of
sale of the bonds is given.To the extent any bonds of the District are secured by a pledge
of the revenues from the operation of the District's system,the resolution authorizing the
issuance of such bonds must contain a provision that the pledge of the revenues from the
operation of the District's water and sewer and/or drainage system to the payment of such
bonds will terminate when and if the City annexes the territory of the District,takes over
the assets of the District and assumes all of the obligations of the District.
d.Approval for Annexation by District.No land will be added or annexed to the District
until the City has given its written consent by resolution of the City Council to such
addition or annexation.
e.Approval of Plans and Specifications.The District,its directors,officers or developers
and landowners shall submit to the City Engineer of the City,before the commencement
of any construction within the territory of the District,all plans and specifications for the
construction of water,sanitary sewer,drainage,road and fire-fighting facilities to serve
such District and obtain written approval of such plans and specifications from the City
Engineer.All water wells,water meters,fire hydrants,flush valves,valves,pipes and
appurtenances installed or used within the territory of the District shall conform exactly
to the specifications of the City.All water service lines and sewer service lines,lift
stations,sewer treatment facilities,and appurtenances thereto,installed or used within the
territory of the District shall comply with the City's standard plans and specifications.
All road and fire-fighting facilities installed or used within the territory of the District
shall conform to all applicable specifications of the City.Prior to the construction of
such facilities within the District's territory,the District or its engineer,shall give written
notice by registered or certified mail to the City Engineer,stating the date that such
construction will commence.The construction of the District's water,sanitary sewer,
drainage,road and fire-fighting facilities shall be in accordance with the approved plans
and specifications and with applicable standards and specifications of the City.During
the progress of the construction and installation of such facilities,the City Engineer of the
City,or his duly authorized representative,shall be entitled to make periodic on the
ground inspections at any time.As further definition of the terms used in this subsection,
specific mention of the fact is made that"plans and specifications,""standard plans and
specifications,""approved plans and specifications,"or"applicable standards and
specifications"are defined to mean and to require City approval only of the method of
construction and types of materials to be employed therein by the District and are not
meant to limit the discretion of the board of directors of the District to determine what
facilities may be constructed,paid for and maintained by the District.
f.Employment of Operator.If applicable,the District must employ an operator holding a
valid certificate of competency issued under the direction of the Texas Commission on
Environmental Quality as required in Section 26.0301 of the Texas Water Code.The
District shall allow representatives of the City to supervise the continued operations of
the sewage treatment facility by making periodic inspections thereof.
g.Subdivisions to be Property Platted.The owner or developer of the land included
within the limits of the District shall,prior to the sale of any lot or parcel of land,obtain
the approval of the Planning and Zoning Commission of the City of a plat which will be
duly recorded in the Map and Plat records of Chambers County,Texas,and otherwise
comply with the rules and regulations of the City.The District will not provide water or
sewer service to any lot unless the plat covering such lot has been approved by the
Planning and Zoning Commission of the City.
2
h.Notice Required before Bond Issuance.Before the issuance of any series of District
bonds,the District shall tender to the City Manager written notice of the contemplated
issuance at least thirty days prior thereto,which notice shall include the amount of the
bonds to be authorized,the timing of such issuance,along with any other information
requested by the City Manager.
i.Water and Sewer Rates.The District will use its best efforts to structure its rates for
water and sewer service in the same manner as the City even though level of rates may
vary.
j.Treated Water and Sewer Services.The District currently intends to enter into a
contract with the City of Baytown for the purchase of treated water services and for the
purchase of wastewater treatment and disposal services for the District.The District
agrees that no water or sewer service shall be provided to land outside the boundaries of
the District without the prior written approval of the City Council of the City.
k.General Plan and Land Use.The land within the District will be developed in
accordance with the General Plan to be approved by the City.
1.Annexation At Any Time.In accordance with applicable law,the City may annex that
portion of the District within its Extraterritorial Jurisdiction at any time.The District
desires to and shall enter into a Strategic Partnership Agreement with the City,which
agreement shall address the imposition of City sales tax in the retail commercial areas of
the District and the imposition of the following chapters,articles and/or sections of the
Code of Ordinances,Baytown,Texas,along with all amendments thereto,in the retail
commercial areas of the District:
Chapter 4"Adult Commercial Establishments"
Chapter 42"Health and Sanitation"
Chapter 82,Article III"Secondhand Goods-Junk and
AutomotiveWrecking Salvage"
Chapter 114"Sewer and Water Line Extensions"
Chapter 118,Article III,Division 4,Subdivision IV"Signs-Regulations-Location-
Off-Premise Signs"along with all
Other provisions relating to off-
premise signs
Chapter 130"Zoning".
209680.2
3
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