Loading...
CC Resolution No. 321 RESOLUTION NO. '323. t" 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 -2- 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 . -3- (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 ; e L •i 941 4EMu2TH agE'4S ' 3o auTT SVM-3o-gg9Ta ATa04saM aq4 uo 4urod E 04 gaaj SS ' ZSS 3o aouvgsTp e " 2 11114 + hh 08L N 1 ` guTod aTSus up og 'iaaj 6L ' O46 3o aouvisw u ` g „ OE , Zh o9L N `. 4uzod 919uu up og 4aaj 60 ' 98E 3o aouv4STp V ` g 110E a 90 oft Id : SIAOITOJ sU UOTSTnTpgnS pTus jo auTT Sappunog ggnoS aq4 SuTmOTTo3 uoT4oaatp 41aa4su9g4aoN a uT ` EONSHZ sp.zooaH dujq RqunoO saagwpgO aL14 3o L11T GSud ` Z 3111nToA UT papa000a 3oaaag4 duW aq4 o4 9utpa000U VOM , uoTgoaS uolsTnYpgnS puag nogue 3o au-IT Aaepunoq ggnoS 944 uv 4uiod s og gaa3 SE ' LhZ ` 2 ,10E l90 oLZ N " I -'J T6 ' 10Z ` 2 „ hz joy oZS N 4aa3 E8 ' 98 ` - 118h 165 o09 N 4aaj Eh ' 99T ` g u1111 180 oLL N � 'iaa3 SS ' TST ` g 105 , SS oO8 N : gaa3 116 ' 811T ` Z , ZT , TS oOL N 4003 T6 ' EET ` :.I „ LT , ET .oLS N gaa3 116 ' LL ` g „ E0 18 £ oZil N gadJ 00 ' OOT ` g i, z£ t ES ohT N : 14aa3 E£ ' 091 ` M „ 611 , EO oET N • 4aa3 90 ' 00T. ` rl n011 & Tll o84 N : 4aa3 TS ' ETZ ` M , LT , 8E oLL N =1oa3 ZS ' LZT ` M ,sliO i 9T oS9 N gaa3 116 ' SZ1: ` m , E0 , TII o9E N oa3 9T ' L6 ` M „ 11E , ET o8T N gaa3 59069 ' m n00 , 95 o1j' 0 N `. 40a3 66 ' T6 ' ` H „ TZ iS5 oZO N ' aaa3 6T ' 0TT a n80 , TE oLT N : :iaa3 99 ' 90T ` S , LZ , 91 o11Z N `• =1aa3 0£ ' Z9 g uZZ 1110 oZT N • ssaT ao aaow ` puET jo saaou £08 ' 6£ T SuTuTu,4uoO ` 011INNIOS9 90 INIOd 9q4 04 4091 £ 6 ' S9£ 3o aouu4sTp u 9111 * ON jun10TH PTvs 3o auTT Awl-JO- 44STa STaa3, sapl aqq SuoTu ` fl " 09 , £ £ 010 S SONSM : quTod E og 4aa3 W ET9 3o aousgsTP u 1, 00 I £ 0 o £ 0 3o aTSuu Tua4uao u SuTpuaggns PUP ` IDOJ OU ' OZSTT JO s11TPua L SUTAVq 113ar sq4 o4 aAano u jo oau aqq SuoTu 911T svmgSTH pTus jo auTT RVM-JO- 4u2Ta �Taagsam a144 SuoTu u0140aaTp JtTa04samggnoS E uT .cSONSHL ! aAano E uo WTod u 04 4aaj £ L ' S jo Gouu ,4sTP u ` M ,ITZ LS 0110 S gaaj ZS ' 00T jo aouigsTp u ` M 11TE ILL o50 S ` gaaj ZS ' OOT jo aouugsTp u ` M uTZ , LS o50 S aaoj 98 . 011 jo aou1. gslp u M uTZ , LZ 090 S anSua'I q41 aS uuT4sTaLlo au'4 JO auTT L14JON aq4 PUP RaAanS Su0a:1 SWad goou f oq4 3o au-cIg4noS aq4 uo 4u'cod u oq gaa3 99 ' 65 3o aouu4sTp u f•1 1113 I LZ 090 S :•gaa3 ZS 4 00 'C Jo aouu'4s "rp u M IsTZ LS 090 S ` 4aoj ZS ' 00T 3n aaUu4sTP E ` 101 ,I TZ I LZ oL0 S `. 4aa,c Z6 ' Oo'C 3o 0ouV _1sTp u ` m JITZ I LS oL0 S ` 4aaj Zg • Zg jo aouu42TP u M III ? I LZ 090 S : smo'CToi su 941 R-ehlgSTH pTus jo auTT fLPm-3o- ju2Ta aLl-I BUT-MOTTO) ` SONSHZ qui:od u o:t =100J W ZZL jO aouugsTP u 4 „80 i LZ oft jo aTSuL TL:a4uao u Su•i:puaggns pczu gaaj 00 ' £ 0£ G JO snTpuz u SUTAVq ` gq:BTa otlY og aAano Pius jo oxe au4 SuoTE ` 941 IfumL1STH pTSS 3o oull suh1-jo- 4uSTa RTaa-4sal-I aq:4 SuoTa ` SONSHS ` gL1STa aq4 og anano u jo aanq -unano jo quTod u o4 goo3 114 * LLti jo aouu4sYP u ` 9111 Rel-kt Z.TH PTus Jo auTT RTaagsal,1 all-4 SuoTu ` m „ OS ► 9£ oZT S ` SONSHS �� 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 .