Loading...
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 1245 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 -2- 1246 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 -3- 1247 ATTEST: EILEEN P. HALL, City Clerc APPROVED: RANDALL B. 5TRONG, City,,A rney -4- • 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 ����Ruben F. L pez