CC Resolution No. 739 1235
RESOLUTION NO. 739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS , REPEALING RESOLUTION NO. 734; GRANTING CONSENT
AS PROVIDED BY TEXAS REVISED CIVIL STATUTES ARTICLE
970a, TO THE ANNEXATION BY THE THOMPSON ROAD UTILITY
DISTRICT OF 208 . 74 ACRES , MORE OR LESS , IN HARRIS
COUNTY, TEXAS , SAID AREA BEING HEREIN MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED
HERETO, UPON THE CONDITIONS AND PROVISIONS HEREIN
STATED.
WHEREAS, the City Council of the City of Baytown passed
Resolution No. 734 on May 22 , 1980, by which the City of
Baytown granted its consent to the annexation by the Thompson
Road Utility District of a certain described area within the
extraterritorial jurisdiction of the City of Baytown ; and
WHEREAS , the Thompson Road Utility District has requested
that the area it be allowed to annex be changed to a smaller
area; and
WHEREAS , the City Council of the City of Baytown is
willing to grant such consent upon the conditions and terms
hereinafter stated; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1 : Resolution No. 734, which was passed on May
22 , 1980, is hereby repealed.
Section 2 : That upon the following terms and conditions
the City of Baytown hereby grants its consent to the annexation
by the Thompson Road Utility District of the hereinafter
described area which is situated within the extraterritorial
jurisdiction of the City of Baytown as granted it under the
provisions of Texas Revised Civil Statutes article 970a,
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 :
1236
(a) Bonds will 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 waterwork 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 ,
improvements , extensions, additions and repairs thereto ,
and to purchase or acquire all necessary land, right of
way easements, sites, equipment , buildings, plants ,
structures and facilities therefore , 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 will expressly provide that the
district reserves the right to redeem said bonds on any
interest-payment date subsequent to the fifteenth
(15th) anniversary of the date of issuance without
premium and will be sold only after the taking of
public bids therefore , and none of such bonds, other
than refunding bonds, will 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 , will not exceed two per cent (2%) above the
highest average interest rate reported by the Daily
Bond Buyer in its weekly "20 Bond Index" during the
one-month period next preceeding the date notice of the
sale of such bonds is given, and that bids for the
bonds will be received not more than forty-five (45)
days after notice of sale of the bonds is given . The
resolution authorizing the issuance of the district ' s
bonds will contain a provision that the pledge of the
revenues from the operation of the district ' s water
and/or drainage system to the payment of the district 's
bonds will terminate when and if the City of Baytown ,
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 resolution of the City Council to such
addition or annexation.
(b) Before the commencement of any construction
within the district , the district , its directors ,
officers or the developers and landowners will submit
to the Director of the Department of Public Works of
the City of Baytown , or to his designated representative
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 , flushing
valves, valves, pipes and appurtenances installed or
used within the district will conform exactly to the
specifications of the City of Baytown . All water
service lines and sewer service lines, lift stations ,
sewage treatment facilities, and appurtenances thereto,
installed or used within the district , will 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 will give written
notice by registered or certified mail to the Director
of Public Works , stating the date that such construction
will be commenced. The construction of the district ' s
water, sanitary sewer and drainage facilities will be
in accordance with the approved plans and specifications
-2-
1237
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 his designated
representative , will 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(2) of TEX.REV.CIV.
STAT. art . 4477. The district will agree to make
periodic analyses of its discharge pursuant to the
provisions of the 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 operations
of the sewage treatment facility by making periodic
inspections thereof .
(d) Prior to the sale of any lot or parcel of
land, the owner or the developer of the land included
within the limits of the district will obtain the
approval of a Planning Commission of the City of Baytown
of a plat which will be duly recorded in the Map and
Plat Records of Harris County, Texas , and otherwise
comply with the rules and regulations of the Planning
Department of the City of Baytown .
Section 3 : That this resolution shall take effect from
and after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this the 26th day
of June 1980.
METT O. HUTTO, Mayor
ATTEST:
tJ
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, Cit torney
-3-
1238
E X H I B I T "A"
1239
T- FIELDNOTES
1
Fieldnotes for a survey of 208.73599 acres of land being out of
Blocks 2, 20, and 23, and all of Blocks 21 and 22, Unit D of the
Elena Fruit and Cotton Farms, a subdivision out of the William
Hilbus Survey, Abstract No. 336, in Harris County, Texas, accord—
ing to the map or plat thereof recorded in Volume 7, Page 48 of
the Harris County Yap Records and being described in three tracts
as follows: -
TRACT I
Fieldnotes for a survey of 9.1942 acres of land out of Block 2,
Unit D, of the Elena Fruit and Cotton Farms, a subdivision out of
t the William Hilbus Survey, Abstract No. 336, in Harris County, Texas,
according to the map or plat thereof recorded in Volume 7, Page 48
of the Harris County Map Records, being all of that certain tract
of land conveyed to William C. Rozelle, Trustee, under Harris County
Clerk's File No. G221945, and being more particularly described by
metes and bounds as follows:
Beginning at a one inch iron pipe found in the South line of said
t Block 2 and the North line of said Block 20 of the Elena Fruit and
{ Cotton rams Subdivision at the Southeast corner of the said William
r C. Rozelle, Trustee tract, said point being South 88" 46' 00" West,
c 1930.50 feet from a 1/2 inch iron rod found marking the Southeast
I corner of Block 3, said point also being in the North line of
that certain 45.730 acre tract of land conveyed to William C. Rozelle,
Trustee, by deed recorded under Harris County Clerk's File No. G221931,
South 880 46 ' 00" West, 1930.50 ft. from its Northeast corner;
Thence South 88" 46' 00" West, 300.00 feet with the South line of
said Block 2, the North line of said Block 20, and the South line
of the said Rozelle, Trustee tract, and with the North line of the
said 45.730 acre tract to a 5/8 inch iron rod found for the South—
west corner of the said Rozelle, Trustee tract and the herein
described tract, said point also being North 88. 46' 00" East,
85.80 feet from a 2 inch iron pipe found marking the Northwest
corner- of the said 45.730 acre tract and said Block 20;
Thence North 0' 40' 00" West, •1330.81 feet with the West line of
the said Rozelle, Trustee tract to a 5/8 inch iron rod found
in the South line of Interstate No. 10 (U.S. Highway No. 73)
for the Northwest corner of the herein described tract;
1240
FIELDNOTES - 208.73599 Acres '
December 26, 1979
Page 2
Thence North 86" 56' 50" East, 195.16 feet with the South line of
said Interstate No. 10 to a concrete monument found at an angle
point]
Thence, continuing with the South line of said Interstate No. 10,
North 88" 32' 30" East, 105.00 feet to a 5/8 inch iron rod
found for the Northeast corner of the herein described tract;
Thence South 0. 40' 00" East, 1337.42 feet and with the East line
of the said Rozelle, Trustee tract to the Place of Beginning
and containing 9.1942 acres of land..
TRACT II
Fieldnotes for a survey of 39.81943 acres of land out of Block 20
of the said Elena Fruit and Cotton Farms, a subdivision out of the
William Hilbus Survey, Abstract No. 336, in Harris County, Texas,
according to the map or plat thereof recorded in Volume 7, Page 48
of the Harris County Map Records and being out of and a part of that
certain 45.730 acre tract of land conveyed to William c. Rozelle,
Trustee, by deed, and recorded under Harris County Clerk's File No.
G221931 and being more particularly described by metes and bounds
as follows:
Beginning at a 2 inch iron pipe found marking the Northwest corner
of said Block 20 and in the South line of Block 2 of the said
subdivision as referenced in a boundary agreement between Edna Buford -
Marshall and D. M. McLean and wife, as described in Volume 7339,
Page 414 of the Harris County Deed Records, said point also being
the Northwest corner of the said William C. Rozelle, Trustee,
45.730 acre tract;
Thence North 880 46' 00" East, 2016.29 feet with the North line of
said Block 20 and the said 45.730 acre tract to a 5/8 inch iron
rod set for the Northeast corner of the herein described tract
of land, said point being the Northwest corner of that certain
5.923 acre tract of land conveyed to the Missouri-Pacific Rail-
road Company by deed recorded under Harris County Clerk's File
No. G221936;
Thence South 00 41' 07" East, 860.71 feet with the West line of the
said Missouri-Pacific Railroad Company 5.923 acre tract to a
5/8 inch iron rod set in the South line of the said 45.730 acre
tract as referenced in the above mentioned boundary line agree-
ment for the Southeast corner of the herein described tract, said
point also being the Southwest corner of the said 5.923 acre
tract and the Northwest corner of that certain 7.243 acre tract
1241
FIELDNOTES - 208.73599 Acres
December 26, 1979
Page 3
of land conveyed to the Missouri-Pacific Railroad Company by
deed recorded under Harris County Clerk's File No. G2219431
Thence South 88" 47' 12" West, 2016.03 feet with the South line of
the said 45,.730 acre tract as referenced in the above mentioned
boundary line agreement to a 5/8 inch iron rod set at the South-
west corner of the said 45.730 acre tract and the herein described
tract, said point also being in the West line of said Block 20
and the East line of Block 21;
Thence North 0" 42' 07" West, 860.00 feet with the common line
between said Blocks 20 and 21 and along the West line of the
said 45.730 acre tract as referenced in the above said boundary
line agreement to the Place of Beginning, and containing
39.81943 acres of land.
TRACT III
Fieldnotes for a survey of 159.72236 acres of land being all of
Block 21 and Block 22 and part of Block 20 and Block 23, Unit D of the
said Elena Fruit and Cotton Farms, a subdivision out of the Wiiliam
Hilbus Survey, Abstract No. 336, in Harris County, Texas, according
to the map or plat thereof recorded in Volume 7, Page 48 of the
Harris County Map Records and being out of and a part of that cer-
tain 166.8895 acre tract of land conveyed to William C. Rozelle,
Trustee, by deed and recorded under Harris County Clerk's File No.
G221940, and being more particularly described by metes and bounds
as follows:
Beginning at a 1/2 inch iron rod found in the East line of Thompson
Road based on a 60ftaight-of-way at an extension of a barbed wire
fence line, said point being the Northwest corner of said Block 21
and Southwest corner of Block 1, said point also being the North-
west corner of the said 166.8895 acre tract, said point also being
South 0" 42' 38" East, a distance of 1622.5 feet from the intersection
of the South right-of-way line of Ellis school Road with the East
right-of-way line of said Thompson Road;
Thence North 88" 46' 56" East, 2380,36 feet (called 2380,50 feet)
along a barbed wire fence line marking the most Northerly line
of said Block 21, and the said 166.8895 acre tract to a 5/81nch iron
rod set for the most Northerly Northeast corner of the said
166.8895 acre tract and the herein described tract, said point
being the Northeast corner of said Block 21 as held on-the-ground,
said point also being South 0" 42' 07" East, 1.5 feet from a
2 inch iron pipe found marking the Northwest corner of Block 20
of said subdivision as referenced in a boundary line agreement
between Edna Buford Marshall and D. M. McLean and wife, recorded
1242
FIELDNOTES - 208.73599 Acres
December 26, 1979
Page 4
in Volume 7339, Page 414 of the Harris County Deed Records,
said point also being in the West line of that certain
45.730 acre tract of land conveyed to William C. Rozelle, Trustee,
by deed recorded under Harris County Clerk's File No. G2219311
Thence South 0" 420 07" East along the common line between said
Blocks 20 and 21 as referenced in the above mentioned boundary
line agreement and with the West line of said 45.730 acre tract,
858.50 ft. to a 5/8 inch iron rod set at an ell corner of the hereii
described tract, said point being the Southwest corner of the
said 45.730 acre tract;
Thence North 88" 47' 12" East, 2016,03 feet with the South line of
of said 45.730 acre tract as referenced in the said boundary
line agreement and the Northerly line of said 166.8895 acre
tract to a 5/8 inch iron rod set for the most Southerly North-
east corner of the herein described tract, said point being the
Southwest corner of that certain 5.923 acre tract of land con-
veyed to Missouri-Pacific Railroad Company by deed, recorded
under Harris County Clerk's File No. G221936, said point also
being the Northwest corner of that certain 7.243 acre tract of
land conveyed to the Missouri-Pacific Railroad Company deed
recorded under Harris County Clerk's File No. G221943;
Thence South 0" 41' 07" East, 1050.32 feet with the West line of
said 7.243 acre tract to a 5/8 inch iron rod set in the South
line of the said 166.8895 acre tract for the Southeast corner
of the herein described tract, said point also being the South-
west corner of the said 7.243 acre tract of land, said point also
being in the centerline of a 20 ft. ditch;
Thence South 89" 18' 53' West, 2015.82 feet with the South line of
the said 166.8995 acre tract and with the centerline of said
20ftditch to a 5/8 inch iron rod set in the West line of said g
Block 23 and the East line of said Block 22 at an ell corner of 9
the herein described tract;
Thence South 0" 42' 07" East, 395.81 feet with the common line
between said Blocks 22 and 23 and alonq the centerlinq of a
20ftditch to a 5/8 inch iron rod set for corner, said point
being the Southeast corner of said Block 22 and the Southwest
corner of said Block 23;
Thence North 79" 35' 07" West, 2425.32 feet with the South lino of
said Block 22 and the said 166.8895 acre tract, part way with •
barbed wire fence line to a 5/8 inch iron rod set in the East
line of said Thompson Road, said point being the Southwest
corner of the herein described tract►
1243
FIELDNOTES - 208.73599 Acres '
December 26, 1979
Page 5
Thence North 0. 42' 38" West, 1797.00 feet with the East line of
said Thompson Road to the Place of Beginninq, and containing
159.72236 acres of land,
s