CC Resolution No. 740 1244
RESOLUTION 740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT AS PROVIDED BY TEXAS REVISED
CIVIL STATUTES ARTICLE 970a, TO THE FORMATION OF A
MUNICIPAL UTILITY DISTRICT UNDER THE AUTHORITY OF
SECTION 54.016, TEXAS WATER CODE, TO BE KNOWN AS CHAMBERS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 OF CHAMBERS
COUNTY, AND EMBRACING WITHIN ITS BOUNDARIES 436. 3104
ACRES, MORE OR LESS , IN CHAMBERS 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 , under the provisions of Texas Revised Civil
Statutes article 970a, before any area located within the
extraterritorial jurisdiction of any home rule city can be
included within the boundaries of any municipal utility
district created under the provisions of Section 54 . 016 of
the Texas Water Code , 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" attached hereto ,
and to be known as Chambers County Municipal Utility District
No. 1 of Chambers County, which area is located within the
extraterritorial jurisdiction granted to the City of Baytown,
Texas, under the provisions of article 970a; 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 district
are willing to accept such consent based upon such conditions
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 conditions
the City of Baytown hereby grants its consent to the formation
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of a district under the provisions of Section 54 . 016 of the
Texas Water Code , embracing 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 :
(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
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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
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 2 : 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.
T 0. HUTTO, Mayor
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1247
ATTEST:
EILEEN P. HALL, City Clerc
APPROVED:
RANDALL B. 5TRONG, City,,A rney
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• Chambers County MUD No. 1 Page 1 of 5
1248
rvu,6;T dI L ?`
Lying wholly in Chambers County, Texas, and being a total of 436 . 3104
acres, more or less, out of the William Bloodgood League Survey, A-4 ,
the William Bloodgood Augumentation Survey, A-5, and the Chambers County
School Lands Survey, A-321; composed of four tracts described as follows :
TRACT 1:
Being 90. 2384 acres of land out of and a part of that certain 102. 264 acre
tract situated in the William Bloodgood League, Abstract No. 4, Pages 138
thru 143 , of the Deed Records of Chambers County, Texas , said 102. 264 acre
tract being originally a part of a 100 acre and a 222. 3 acre tract of land
that were deeded to K.M. Fitzgerald by John Shearer in a Deed dated May 1 ,
1916 and recorded in Volume 6 , Page 575 of the Deed Records of Chambers
County, Texas, said 90. 2384 acres of land being more particularly described
metes and bounds as follows:
COMMENCING at an iron rod found for the northeast
corner of the aforementioned 102. 264 acre tract,
said point being in the south R.O.W. line of
Interstate Highway No. 10 and being the east line
of said William Bloodgood League Abstract No. 4
and the west line of the William Bloodgood Augu-
mentation Survey, Abstract No. 5, thence S 75°13 ' 12" W,
225. 00 feet along the south R.O.W. line of Inter-
state Highway No. 10 to the Point of Beginning;
THENCE S 12021114" E, 2323 . 66 feet to a point for
the southeast corner of this tract, in the north
R.O.W. line of Needle Point Road and the south
line of said 222. 3 acre tract;
THENCE S 78007132 ' W, with the south line of this
tract, being the south line of said 222. 3 acre tract
and north R.O.W. line of Needle Point Road, a dis-
tance of 2311 .24 feet to a 1" iron pipe in the east
R.O.W. line of State Highway No. 146, being the
southwest corner of this tract;
THENCE N 12055132" E, with the west line of this
tract and the east R.O.W. line of said State High-
way No. 146 , a distance of 1405. 00 feet to a con-
crete R.O.W. monument for an angle point;
THENCE N 35059138" E, continuing with the west
line of this tract and the east R. O.W. line of
said State Highway No. 146ja distance of 179. 06
feet to a concrete R.O.W. monument for an angle point;
THENCE N 15024 ' 09" E, continuing with the West
line of this tract and the east R.O.W. line of said
State Highway No. 146, a distance of 828.71 feet to
an iron pipe and being the southwest corner of the
Humble Oil and Refining Co. 0.8931 acre tract of land;
THENCE N 75006 ' 18" E, with North line of this tract
and being the south line of said 0.8931 acre tract,
a distance of 300. 37 feet to an iron rod set in
concrete for an interior corner, said corner being
the southeast corner of the aforementioned 0.8931
acre tract;
Chambers Co. MUD No. 1 Page 2 of 5
1249
THENCE N 15016118" E, with the east line of the
said 0. 8931 acre tract, a distance of 150 . 54 feet
to an iron rod set in concrete for the northwest
corner of this tract of land and the northeast
corner of said 0.8931 acre tract, said corner
being in the South R.O.W. line of Interstate High-
way No. 10;
THENCE N 75013112" E , with the north line of this
tract and being the south R.O.W. line of Interstate
Highway No. 10, a distance of 822. 30 feet to the
Point of Beginning and containing 90. 2384 acres,
more or less.
TRACT 2
Being 163 . 9759 acres of land out of and a part of the William Bloodgood
League , Abstract No. 4, and the William Bloodgood Augmentation Survey,
Abstract No. 5, Chambers County, Texas , also being comprised of three
tracts of land as recorded in Volume 13, Page 567 , Volume 13, Page 598 and
Volume 10, Page 359 of the Deed Records of Chambers County, Texas, said
tract of land being more particularly described as follows:
Beginning at a concrete highway monument in the east
right-of-way line of State Highway 146, which monument
lies S 120 55 ' 32" W 409 . 07 feet from the northwest
corner of said tract described in Volume 13, Page 567
of the Deed Records of Chambers County, Texas.
THENCE along the east right-of-way of State Highway
146 , N 12055132" E, 200.00 feet to a 1" iron pipe
found the the northwest corner of this tract, and
the aforementioned tract recorded in Volume 13,
Page 567 of the Deed Records of Chambers County,
Texas; said point being the southwest corner of a
5.0 acre tract;
THENCE along the south line of said 5. 0 acre tract
N 77°22 ' 11" E, 1041 . 60 feet to a 1" iron pipe found
for the southeast corner of said 5. 0 acre tract and
an interior corner of this tract;
THENCE along the east line of said 5. 0 acre tract
N 11°25151" E, 209. 09 feet to a 1" iron pipe found
for the northeast corner of said 5.0 acre tract the
most northwest corner of this tract;
THENCE N 77009144" E, 2025.79 feet to a 2" iron pipe
found for the northeast corner of this tract;
THENCE S 11046135" E, 2139.70 feet along the east line
of this tract to a 2" iron pipe found for the southeast
corner of this tract;
THENCE S 77037106" W, 1480. 58 feet to a 2" iron pipe
found for an angle point;
THENCE S 77030156" W, 894. 69 feet to a 2" mill shaft
found for an angle point;
THENCE S 77030110" W, 1005. 43 feet to a 5/8" iron rod
found for the southeast corner of a 4.0 acre tract and
an interior corner of this tract;
THENCE N 12034149" W, 300 . 24 feet along the east line
of said 4. 0 acre tract to a 2" iron pipe found for the
northeast corner of said 4 .0 acre tract and an interior
corner of this tract;
Chambers Co. MUD No . 1 Page 3 of
1250
TRACT 3
Being 150. 5783 acres of land comprised of three tracts situated in the
William Bloodgood Augumentation Survey, Abstract No. 5, and the Chambers
County School Land Survey, Abstract No. 321 in Chambers County, Texas as
recorded in Volume 13, Page 569 , Volume 13 , Page 568 and the Annie Busch
Estate residual 52 . 539 acres of the original 261 acre tract of land and
being more particularly described as follows :
Beginning at the point of intersection of the east right-
of-way line of State Highway 146 and the south line of the
Abbe Subdivision, as recorded in Volume 2, Page 104, Plat
Records of Chambers County, Texas, also being the north line
of the Mabry Busch tract as recorded in Volume 13 , Page 569 ,
Deed Records of Chambers County, Texas.
Thence N 77° 08 ' 38" E, with the north line of this tract
and the south line of said Abbe Subdivision, a distance
of 1938 .76 feet to a 2" iron pipe for the southeast corner
of said Abbe Subdivision and an angle point in the north
line of this tract, said point also being the southwest
corner of the T. S . Fitzgerald Estate Tract;
THENCE N 77014113" E, with the north line of this tract
and the south line of said Fitzgerald Estate tract
897 .71 feet to a 2" iron pipe for the southeast corner
of said Fitzgerald Estate Tract and an angle point in
the north line of this tract, said point also being the
southwest corner of the Roy C. Donnelly Tract;
THENCE N 77015147" E, with the north line of this tract
and the south line of said Donnelly Tract, a distance of
3,606. 53 feet to the northeast corner of this tract and
the southeast corner of said Donnelly Tract;
THENCE S 12047144" E, with the east line of this tract,
a distance of 1004.52 feet to an iron shaft set in con-
crete for the southeast corner of this tract and the
northeast corner of the B.B.B. and C.R.R. Co. Survey,
Abstract No. 61;
THENCE S 77018126" W, with the south line of this tract
being the south line of said William Bloodgood Augumen-
tation Survey and the north line of said R.R. Survey a
distance 4462.60 feet to an angle point in the south
line of this tract;
THENCE S 77019156" W, with the south line of this tract
a distance of 122.70 feet to the southeast corner of the
United Gas Pipeline Co. Road Tract and a corner for
this tract;
THENCE N 12040104"W. with the west line of this tract,
being the east line of said road tract a distance of
40 . 00 feet to an iron rod for the northeast corner of
said road tract and an interior corner of this tract;
THENCE S 77019156" W, with the south line of this tract
and the north line of said road tract a distance of
2071.86 feet to a point for a corner of this tract and
a corner of said road tract;
THENCE N 51059157" W, with the south line of this
tract and the north line of said road tract a distance
of 232.90 feet to an iron rod for the southwest corner
of this tract and the northwest corner of said road
tract, said point being in the east R.O.W. line of
State Highway No. 146;
111URgJUIB l,U. i•IUU 1VU. 1 > ajU 4 UL
1251
THENCE with the west line of this tract and said east
R.O.W. line of State Highway No. 146 following the
chord of a 01000100" curve, N 12014 ' 45" E, a distance
of 853.52 feet to the Point of Beginning and containing
150. 5783 acres more or less.
TRACT 4
Being 31. 5178 acres of land out of and a part of the William Bloodgood
Augumentation Survey, Abstract No. 5 in the Chambers County, Texas and being
comprised of three tracts of land as recorded in Volume 294, Page 215,
Volume 13, Page 597 , Volume 319, Page 356 , and Volume 282, Page 451 of the
Deed Records of Chambers County, Texas, and being more particularly describe'
as follows:
BEGINNING at an iron rod for the northeast corner of
this tract, said point being on a curve in the west R.O.W.
line of State Highway No. 146 and on the south line of the
William Bloodgood League, Abstract No. 4 and the north line
of the William Bloodgood Augumentation Survey, Abstract No. 5,
thence following said curve having a central angle of
02°28 '11" and a chord bearing S 07°32108" W, a distance of
496.49 feet to a concrete R.O.W. monument found at the point
of tangency of said curve;
THENCE S 06018 '03" W, along the west R.O.W. of State High—
way No. 146, a distance of 291.40 feet to the point of
curvature for a curve to the right on the said west R.O.W.
line;
THENCE following along the arc of said curve to the right
having a central angle of 02*42156" an arc distance of
268.72, said curve having a chord bearing S 07°39 '31" W,
268. 69 feet to an iron rod for the southeast corner of
this tract;
THENCE S 77018156" W, a distance of 151.87 feet to a 3/4"
iron rod for an angle point;
THENCE S 77038148' W, a distance of 296. 57 feet to an axle
for an interior corner;
THENCE S 12009136" E, a distance of 417.86 feet to a 2"
iron pipe at a fence corner;
THENCE N 77049148N E, a distance of 265.78 feet to an
iron rod in the curve of the west R.O.W. line of State
Highway No. 146;
THENCE along the arc of said R.O.W. curve having a
central angle of 02031142' a distance of 250.19 feet,
said curve having- a chord bearing S 14*54136' W, a
distance of 250. 17 feet, to a point being the south—
east corner of this tract, said point being the north
line of the T 6 N.O. Railroad Company Tract as recorded
in Volume 187, Page 316 of the Deed Records of Chambers
County, Texas;
THENCE N 51040 / 500 W, with the north line of the T & N.O.
Railroad Company Tract, a distance of 1853. 27 feet to an
iron rod in the fence line of the south line of the
Antone Busch Estate;
Chambers Co. MUD No. 1 Page 5 of 5
1252
THENCE N 76047143" E, a distance of 726 .06 feet to a
point for a corner;
THENCE N 22024130" W, a distance of 213. 39 feet to a
point for a corner;
THENCE N 78030122" E, a distance of 1138 .63 feet to
the Point of Beginning and containing 31. 5178 acres,
more or less.
PUTNEY, MOFFATT & EASLEY
CONSULTING ENGINEERS
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