CC Resolution No. 321 RESOLUTION NO. '323.
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7 A RESOLUTION OF THE CITY COUNCIL OF• THE CITY -OF BAYTOWN,
TEXAS, GRANTING CONSENT TO '1'IIE CREATION WITHIN THE CITY'S
EXTRATERRITORIAL JURISDICTION OF A POLITICAL SUBDIVISION HAVING
AS ONE OF ITS PURPOSES THE SUPPLYING OF FRESH WATER FOR DOMESTIC
OR COMMERCIAL USES OR THE FURNISHING OF SANITARY SEWER SERVICES ,
PURSUANT TO THE LAWS OF THE STATE OF TEXAS, SUCH POLITICAL SUB-
DIVISION TO BE KNOWN AS CEDAR BAYOU MUNICIPAL UTILITY DISTRICT
OF CHAMBERS COUNTY, TE'��'•,S, CONTAINING 211 . 313 ACRES Or LAND,
MORE OR LESS, IN CHAMFERS COUNTY , TI,xAS , SAID LAM} BEING Dr-
SCRIBED BY METES AND BOUNDS IN AN I.NSTRUMEwr ATTACHED TO THIS
RESOLUTION.
R IE C I T A L S
WHEREAS, The Municipal Annexation Act , Section 8 B,
of Article 970a, Texas Civil Statutes , provides that before
any political subdivision hiving as one of its purposes the
supplying of fresh water for domestic or commercial uses or
the furnishing of sanitary sewer services may be created
within the area of the extraterritorial jurisdiction of any
city or town, there must first be obtained the consent of
such city having exterritorial jurisdiction over the area
to be included within such political subdivision , hereinafter
called "District"; and
WHEREAS, the City Council of the City of Baytown has
been requested to give its consent to the creation of Cedar
Bayou Municipal Utility District, c'on•taining 211 . 313 acres of
land, more or less , in Chambers County , Texas , which is 'described
by metes and bounds in an instrument attached to this Resolu-
tion ; and
WHEREAS, the City Council is agreeable to giving its
consent to the creation of such District upon the terms
and conditions hereinafter stated; and
WHEREAS, the landowner. , developers or representatives
of the person, persons , or parties who have regttested that
the City Council grant its consent as above stated and who
desire to create such District , have assured the officials
of the City of Baytown that they are willing to accept such
consent based upon the terms and conditions as hereinafter
stated, and that said landowners , developers , person, persons
or parties , or the representativer� thereof, in consideration
of the City granting its consent for the creation of the Dis-
trict., have agreed, and by the acceptance of the benefits of
this Resolution, do hereby agree to comply with the terms and
conditions contained in this Resolution; idow, Therefore
BE IT RESOLVED BY THE CITY COUNCII, OF THE CITY OF
BAYTOWN. TEXAS, THAT:
Section 1: That upon the follo.-iing terms and conditions ,
the City of Baytown hereby grants its consent to the creation
of Cedar Bayou Municipal Utility District , pursuant to the
provisions b f Section S B, Article 970a, of the Texas Civil
Statutes . The land embraced within the limits of the said
District is situated within the extraterritorial jurisdiction
of the City of Baytown, and is described by metes and bounds
in an instrument attached to this Resolution .
The consent herein granted is conditioned upon the following
terms and provisions , to-wit:
In addition to the requirements set forth below in
paragraphs (a) , (b) , (c) and (d) , the City Council is giving
its consent to the creation of this District upon the condition
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that the District , landowners , developers , persons or pro-
ponents interested in the creation and operation of this
District secure the approval of its utility plans and
specifications , particularly the sanitary sewer treatment
facilities, from all appropriate authorities . .
(a) Prior to the sale or offer to sell any bonds
of the District , th�� undersigned Proponents will have a
duplicate original of this agreementapproved , ratified
and executed by the governing body and officers of the
District , and will deliver or cause to be delivered such
executed agreement to the Legal Department of the City of
Baytown. 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 Bayto:•rn,
or otherwise acquiring• crater works 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 , construction , improvements , ex-
tensions ,* additions and repairs thereto, and to purchase
or acquire all. necessary land , right-of-way casements ,
sites, equipment, buildings , plants , structures and
facilities therefor, and to operate and maintain same ,
and to sell water, sanitary sewer, and other services
within or without the boundaries of the District. . Such
bonds shall expressly provide that the Distract shall
reserve the right to redeem said bonds on any interest
payment date subsequent to the fifteenth (lgth ) anniver-
. sary 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 95% of par, provided that 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 per cent
(2%) above the highest average interest rate reported by the
Daily Bond Buyer in its weekly 1120 Bond Index" during the
one-month period next preceding the date notice of the
sale of such bonds is given and bids for the bonds will
be received not more than forty-five (115 ) days after
notice of sale of the bonds is given . The resolution
authorizing the issuance of the District ' s bonds .•rill
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 the District ' s bonds
will terminate when and if the' City of Bayto:,rn , Texas
annexes the District , takes over the assets of the District
. and assumes all of the obligations of the District . No
land will be added or annexed to the District until the
City of Baytown has given its written consent by resolu-
tion of . the City Council to such addition or annexation .
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(b) The District, its directors , officers , or the
developers and landowners shall submit to the Director of
the Department of Public Works of the City of Baytown or
to his designated representative before the commencement
of any construction within the District all plans and
specifications for the construction of water, sanitary
sewer and drainage facilities to serve such District and
obtain the approval of such plans and specifications.
All water wells , water meters , £ire hydrants , valves ,
pipes and appurtenances 'installed or used within the
District shall conform exactly to the specifications of
the City of Baytown. All water service lines and sewer
service lines , lift stations , sewer treatment facilities ,
and appurtenances thereto, installed or used within the
District shall comply with the City of Baytown ' s standard
, plans and specifications . Prior to the construction of
such facilities within the District , the District , or its
engineer, shall give written notice by registered or
certified mail. to the Director of Public Works , stating
opk the date that such construction will he commenced. The
construction of the District ' s water, sanitary sewer and
drainage facilities shall be in accordance with the
approved plans and specifications and with applicable
standards and specifications of the City of Baytown, and
during the progress of the construction and installation
of such facilities , the Director of Public Works of the
City of Baytown, or an employee thereof, shall make periodic
on-the-ground inspections .
(c) The District will agree to employ a sewage
plant operator holding a valid certificate of competency
issued under the direction of the Texas State Health
Department as required by Section 20 (a) of Article 4477-1,
Vernon' s Texas Civil Statutes . The District will agree
to make periodic analyses of its discharge pursuant to
the provisions of Texas Water Quality Board Order No.
69-1219-1 and further will agree to send copies of all
such effluent data to the Department of Public Works ,
City. of Baytown, as well as to the Texas Water Quality
Board. The District will agree that representatives
of the City of Baytown may supervise the continued opera-
tions of the sewage treatment facility by making periodic
inspections thereof.
(d) The owner or the 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 a Planning Commission of the City of Baytown of a plat
which will be duly recorded in the flap and Plat Records
of Chambers County, Texas , and otherwise comply with the
rules and regulations of the Planning Department of the
City of Baytown.
PASSED AND APPROVED this 22nd day of April, 1971.
Mayor, City of Baytown
City Clerk, City of Baytown
TRACT I
Lying wholly in Chambers County , Texas and being 139 . 803
acres of land, more or less, situated in the Christian Smith
League, Abstract No . 22, and the Jacob Armstrong Survey ,
Abstract No . 2 , Chambers County , Texas , and being more
particularly described as follows :
BEGINNING, at a 'point marking; the Southeast corner of a 37 .7192
acre tract as recorded by instrument in Volume 181 , Page 3110
of the Chambers County Deed 13ecords , Texas , said corner also
being on the Westerly right-of-way 1�l ne of State Highway
No. 146;
THENCE, S 780 17 ' 04" W, a distance of 1310 .011 feet to a
point for corner;
THENCE, S 1.00 321 2111 E, a distance of 1011 . 811 feet to an
angle point;
THENCE, S 100 421 119" E, a distance of 92. 09 feet to an
angle point ;
THENCE, S 130 101 2811 W, a distance of 2211 .79 feet to a point
on the Easterly high Bank of Cedar Rayou;
THENCE, following the Easterly bank of said Cedar Bayou with
its meanders as follows :
N 750 421 311" WIV 153 . 17 feet ;
S 860 041 48" w. 198.23 feet;
S 800 121 11111 W, 119 . 12 feet;
N 860 17 ' 3211 W, 112 .36 feet;
N 630 1121 16" W, 1115 . 25 feet;
N 300 33' 52" W, 113 . 82 feet ;
N 050 15 ' 0111 E, 139 . 00 feet ;
N 2110 081 1811 E, 322 . 35 feet ;
N 090 211 3911 E, 290 . 00 feet ;
N 180 51' 50" W, 351 .09 feet ;
N 120 43t 00" Wi 98. 00 feet;
N 04° 44 , 00" w. 91 . 30 feet;
N 080 261 4711 E, 12 . 39 feet ;
l N 040 48 ' 2211 E, 33 .50 feet ;
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TRACT II
Lying wholly within Chambers County , Texas ana being 60. 385
acres of land more or less situated in the Christian Smith
League, Abstract No. 22, Chambers County , Texas , and being
more particularly described as follows:
BEGINNING at the southwest corner of a 5 .316 acre tract of
land conveyed to the Houston Lighting and Power Company by
Deed recorded in Volume 291., Page 1180 of the Deed Records
for said County, said point also being on the southeast
corner of a 70 .51 acre tract of land conveyed to William
R. Laughlin, Trustee by Deed recorded in Volume 321 , Page
332 of the Deed Records for said Cotinty;
THENCE, S 770 53 ' 52" W, along the south line of said 70 .51
acre tract , a distance of 34811 . 79 feet to a point in the east
right-of-way line of State Highway No . 1116 ; .
THENCE, N 020 08 ' 21" E, * along the east right-of-way . line
of State Highway No. 146, a distance of 336 . 12 feet to the
point of cur-Vature of a 000 30 ' curve to the right having a
central angle of 100 341 ;
THENCE, with said curve of the East right-of-way line of
said State Highway No . 1116, the following courses and
distances;
N 020 31' 49" E, 112 .82 feet to a point;
N 020 57 ' 00" E, 99 .'48 feet to a point ;
N 030 27 ' 001' E, 99 . 48 feet to a point;
N 030 57 ' 00" E, at 98. 30 feet pass ' the southwest
corner cf a 1 .00 acre tract of land conveyed to Mrs . Maggie
Smith by Deed recorded in Volume 219 , Page 156 of the Deed
Records of said County , continuing in all 99 . 48 feet to a
point;
N 040 27 ' 00" E, 99 . 118 feet to a point;
N -040 57 ' 00" E , 99 . 48 feet to a point ;
N 050 32' 112" E, 13.76 feet to the northwest corner
of said 1.00 acre tract;
THENCE N ?70 53 ' 3511 E. along the north line of said 1.00
acre tract and the aforementioned 70 .51 acre tract , a distance
of 3231.08 feet to the northwest corner of the aforesaid Houston
Lighting and Power Company tract;
THENCE S 120 14 ' 18" E. along the west line of said Houston
Lighting and Power Company tract , a distance of 926 . 32 feet
to the POINT OF BEGINNING, containing 71 . 510 acres of land,
more or less .