CC Resolution No. 227 RESOLUTION NO. 227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS , GRANTING CONSENT AS PROVIDED BY
ARTICLE 970a, VERNON 'S ANNOTATED TEXAS STATUTES,
TO THE FORMATION OF A RECLAMATION DISTRICT UN-
DER THE AUTHORITY OF ARTICLE 16 , SECTION 59 , OF
THE CONSTITUTION OF THE STATE OF TEXAS, TO BE
KNOWN AS CEDAR BAYOU PARK UTILITY DISTRICT, AND
EMBRACING WITHIN ITS BOUNDARIES 188.01 ACRES OF
LAND, MORE OR LESS, IN HARRIS COUNTY, TEXAS, SAID
AREA BEING HEREIN MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERE-
TO, UPON THE CONDITIONS AND PROVISIONS HEREIN
STATED.
WHEREAS , under the provisions of Article 970a of
Vernon's Annotated Texas Statutes , before any area located
within the extraterritorial jurisdiction of any home rule
city can be included within the boundaries of any water con-
trol and improvement district created under the provisions
of Article 16 , Section 59 , of the Texas Constitution, there
must first be obtained the consent of such city having such
extraterritorial jurisdiction over the area to be included
within such district; and
WHEREAS , certain parties desire to create such a
district comprising the area described in Exhibit "A" at-
tached hereto, and to be known as Cedar Bayou Park Utility
District, which area is located within the extraterritorial
jurisdiction granted to the City of Baytown, Texas , under the
provisions of Article 970a of Vernon's Annotated Texas Statutes ;
and
WHEREAS , the City Council of the City of Baytown
is willing to grant such consent upon the conditions and terms
hereinafter stated; and
WHEREAS , the parties desiring to create such dis-
trict are willing to accept such consent based upon such con-
ditions and terms as hereinafter stated;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BAYTOWN:
Section 1: That upon the following terms and con-
ditions the City of Baytown hereby grants its consent to the
formation of a district under the provisions of Article 16 ,
Section 59 , of the Constitution of the State of Texas, em-
bracing the hereinafter described area which is situated within
the extraterritorial jurisdiction of the City of Baytown as
granted it under the provisions of Article 970a of Vernon' s
Annotated Texas Statutes , said area being described in Exhibit
"A" which is attached hereto and made a part hereof for all
purposes .
The consent herein granted is conditioned upon the
following terms and conditions , to-wit:
(a) Bonds may be issued by the district only for
the purpose of purchasing and constructing, or
purchasing or constructing, or under contract
with the City of Baytown, or otherwise acquiring
waterworks systems , sanitary sewer systems , storm
sewer systems and drainage facilities , or parts
of such systems or facilities , and to make any
and all necessary purchases , constructions , im-
provements , extensions , additions and repairs
thereto, and to purchase or acquire all neces-
sary land, right-of-way easements , sites, equip-
ment, buildings , plats, structures and facilities
therefor, and to operate and maintain same, and to
sell water and other services within or without
the boundaries of the district. Such bonds shall
expressly provide that the District shall reserve
the right to redeem said bonds at any time subse-
quent to the fifteenth (15th) anniversary of the
date of issuance without premium, and shall only
be sold after the taking of public bids therefor,
and none of such bonds , other than refunding bonds ,
shall be sold for less than 100% of their face
value and shall bear interest at the rate of not
more than 6% per annum. Said bonds shall have a
maturity not to exceed 30 years from date of is-
suance and reasonable but substantial payments
on the principal shall begin not later than three
(3) years from the date of issuance.
(b) The district shall submit the plans and speci-
fications for the construction of water, sanitary
sewer and drainage facilities to serve such district
to such city for approval and such district must
obtain the approval thereof bu such city before
commencing construction thereof. The construction
-2-
of the district ' s water, sanitary sewer and drainage
facilities shall be in accordance with the approved
plans and specifications and with applicable stan-
dards and specifications of the City of Baytown,
and during the progress of the construction and in-
stallation of such facilities , the Director of Public
Works of the City of Baytown, or an employee thereof ,
shall make periodic on-the-ground inspections , and
no such construction shall be started or undertaken
by the district unless it has in its possession the
following:
(c) A certificate of the district' s engineer, who
shall be a registered professional engineer under
the laws of the State of Texas , that, in his opinion,
such construction conforms to said city' s established
standards and specifications ; and a letter of cer-
tificate of the Director of the Department of Public
Works of said City of Baytown (or the successor,
department, or agency of said department of Public
Works) that, in his opinion, such construction con-
forms to said City' s established standards and spe-
cifications ; moreover, the owner or the developer
of the land referred to herein will, prior to the
sale of any lot or parcel of land, obtain the ap-
proval of the Planning and Zoning Commission of the
City of Baytown of a plat and properly record it,
and otherwise comply with the rules and regulations
of the Planning and Zoning Commission of the said
City.
INTRODUCED, READ and PASSED by the affirmative vote
of the members of the City Council of the City of Baytown, on
this the 12t1i day of December, 1968.
Seaborn Cravey, Mayor
ATTEST :
C
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attorney
Cedar Bayou Park UD 1 of 3
Lying wholly within Harris County, Texas, and being 188. 01
acres, more or less, comprising parts of the J. P. Sjolander Survey, A-1644,
the Benjamin Barrow Survey, A-123, and the Wm. Bloodgood Survey, A-4,
and more particularly described as follows:
Beginning at the southwest corner of Cedar Bayou Park, West,
a subdivision in Harris County, Texas, a plat of which is recorded in Vol-
ume 118, Page 14 of the Harris County Map Records, said corner also being
in the easterly right-of-way line of Sjolander Road.
Thence, N 25° 11 ' 24" E 862. 98 feet along the easterly right-
of-way line of Sjolander Road, and along the most westerly line of said
Cedar Bayou Park, West, to a point of curvature.
Thence, continuing along the easterly right-of-way line of
Sjolander Road and the most westerly line of said Cedar Bayou Park, West,
with a curve to the left having a radius of 508. 34 feet and a central angle of
22° 21 ' 4911, a distance of 198. 42 feet to a point for corner.
Thence, N 80' 01 ' 35" E 632. 17 feet along the most souther-
ly north line of Cedar Bayou Park, West, to a point for corner,
Thence, N 070 45' 16" W along the most easterly west line
of said Cedar Bayou Park, West, at 13. 1 feet cross the north line of said
Benjamin Barrow Survey and the south line of said J. P. Sjolander Survey,
and continuing a total distance of 934. 60 feet to a point for corner.
Thence, N 82' 13' 14" E along the most northerly line of said
Cedar Bayou Park, West, at 1469. 52 feet pass the northeast corner of said
Cedar Bayou Park, West, and continuing a total distance of 1715. 37 feet to
the northwest corner of Cedar Bayou Park, East, a subdivision in Harris
County, Texas, a plat of which is recorded in Volume 146, Page 28 of the
Harris County Map Records; said corner being in the easterly right-of-way
line of the Dayton-Goose Creek Railroad, 100 feet wide.
Thence, N 27' 47' 00" E 422. 57 feet along the easterly right-
of-way line of the Dayton-Goose Creek Railroad, 100 feet wide, to a point
for corner.
Thence, N 07' 33' W 312. 20 feet to an angle point for corner.
Thence, N 10' 24' 10" W 918. 93 feet to a point for corner in
the north line of said J. P. Sjolander Survey and the south line of said Wm.
Bloodgood Survey.
Thence, N 100 13' 43" W 1995. 99 feet to a point for corner.
Thence, N 9° 57' 25" W 266. 05 feet to a point for corner.
Thence, N 10' 00' 21" W 264. 98 feet to a point for corner.
Cedar Bayou Park UD 2 of 3
Thence, N 10' 12' 05" W 528. 79 feet to a point for corner.
Thence, N 10' 00' 53" W 266. 34 feet to a point for corner in
the south right-of-way line of Wallisville Road.
Thence, N 82' 35' 51" E 815. 24 feet along the south right-of-
way line of Wallisville Road, to a point for corner.
Thence, S 10' 29' 49" E 1043. 91 feet to a point for corner.
Thence, S 9° 52' 49" E 1433. 65 feet to a point for corner.
Thence, S 10' 00' 37" E 820. 39 feet to a point for corner.
Thence, S 9° 41 ' 46" E 1598. 40 feet to a point for corner in
the north line of Cedar Bayou Park, East.
Thence, N 82° 21 ' E 5. 00 feet to a point for corner at the
northeast corner of Cedar Bayou Park, East, being in the west right-of-
way line of Bayou Boulevard, 60 feet wide.
Thence, S 26' 45' 00" W 340. 12 feet along the easterly line
of Cedar Bayou Park, East, and the westerly right-of-way line of Bayou
Boulevard, 60 feet wide, to a point of curvature.
Thence, continuing along the easterly line of Cedar Bayou
Park, East, and the westerly right-of-way line of Bayou Boulevard, 60 feet
wide, along a curve to the right with a radius of 477. 87 feet and a central
angle of 20° 52' 0511, a distance of 174. 05 feet to a point of reverse curvature.
Thence, continuing along the easterly line of Cedar Bayou
Park, East, and the westerly right-of-way line of Bayou Boulevard, 60 feet
wide, along a curve to the left with a radius of 746. 78 feet and a central angle
of 78' 11 ' 5111, a distance of 1019. 21 feet to a point for corner.
Thence, S 80' 30' 00" W 271. 86 feet along a south line of
Block 1, Cedar Bayou Park, East, to a point for corner.
Thence, S 9° 30' 00" E 451. 43 feet along the east line of
Block 1, Cedar Bayou Park, East, to a point for corner.
Thence, S 80' 30' 00" W 666. 37 feet along the most souther-
ly south line of Block 1, Cedar Bayou Park, East, to a point for corner.
Thence, N 09' 30' 00" W 837. 35 feet along the west line
of Block 1, Cedar Bayou Park, East, to a point for corner in the south
right-of-way line of Archer Road, 80 feet wide.
Cedar Bayou Park UD 3 of 3
Thence, S 80' 30' 00" W 232, 52 feet along the south right-
of-way line of Archer Road, 80 feet wide, to a point for corner in the east-
erly right-of-way line of Dayton-Goose Creek Railroad, 100 feet wide,
Thence, S 79' 17' 32" W 248. 86 feet to a point for corner
in the easterly line of Cedar Bayou Park, West.
Thence, S 27' 47' 00" W 1055. 48 feet along the easterly
line of Cedar Bayou Park, West, to a point for corner at the southeast
corner of Cedar Bayou Park, West.
Thence, S 800 24' 16" W 1341. 50 feet along the south line
of Cedar Bayou Park, West, to the place of beginning.
Containing 188. 01 acres, more or less.