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HomeMy WebLinkAboutRES 83-190 R E S O L U T I O N WHEREAS, a resolution having been previously passed by the City Council of this city granting its official con- sent and permission to include that portion of land lying within the extraterritorial jurisdiction of this city and a municipal water district to be known as "West Jefferson County Municipal Water District" , providing that all the dis- trict 's facilities within the City of Beaumont 's extraterri- torial jurisdiction would be constructed and financed in accordance with plans and specifications which meet the regu- lations of the ordinances of the City of Beaumont; said reso- lution passed by the City Council of this city on the 15th day of March, 1977; and WHEREAS, a written request for permission to in- clude land lying within the extraterritorial jurisdiction of the City of Beaumont to be included in seven ( 7) separate sewage districts to be created within said West Jefferson County Municipal Water District has been made to and received by the City of Beaumont; and WHEREAS, the description by metes and bounds of said land proposed for the said sewage districts within the West Jefferson County Municipal Water District has been fur- nished and is attached hereto, said sewage districts being identified by name as Fannett Sewage District, North LaBelle Sewage District, South LaBelle Sewage District, North Cheek Sewage District, South Cheek Sewage District, Hillebrandt Sewage District, and Broussard Sewage District; and WHEREAS, the City of Beaumont does not now have available nor can it furnish to said proposed tract of land lying in the City of Beaumont 's extraterritorial jurisdiction water and sanitary sewer services ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That it does hereby grant its official consent and persmission to include that portion of land lying within the extraterritorial jurisdiction of the City of Beaumont and in- cluded in the West Jefferson County Municipal Water Dis- trict 's boundaries, seven (7) separate sewage districts to be known as Fannett Sewage District, South LaBelle Sewage Dis- trict, North LaBelle Sewage District, South Cheek Sewage Dis- trict, North Cheek Sewage District, Hillebrandt Sewage Dis- trict and Broussard Sewage District, provided that all of the district 's facilities within the City of Beaumont 's extra- territorial jurisdiction shall be constructed and financed in accordance with plans and specifications which meet the regu- lations of the ordinances of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont, Texas this the day of 1983. MAY R, City of Beaumont By B. No. A BILL TO BE ENT I TLED AN ACT creating and establishing a conservation and reclamation district unaer Article XVI , Section 59, Constitution of Texas, to be known as "Fannett Sewage District, " located within the West Jefferson County Municipal Water District, Jefferson County, Texas; declaring the district a governmental agency, body corporate and politic; defining the boundaries; finding the field notes and boundaries form a closure, and related mat- ters; finding benefit to ail property within_ the district; conferring on the district the power to issue bonds to "inance the construction of sani- tary sewer facilities pursuant to Chapter 54, Title 4, Texas Water Code, where not in conflict with this Act; providing for the appointment of directors for the district and theirqualifica- tions, and related matters; finding and declaring that the requirements of Article XVI , Section 59 (d) and Section_ 59 (e) , Constitution. of Texas, have been performed and accomplished; enacting other provisions relating to the above mentioned subjects; providing a severability clause; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: Section 1 . Notwithstanding provisions of the general laws relating to consent by political subdivisions for the creation of conservation and reclamation districts, there is hereby created and established, under and pursuant to the provisions of Article XVI , Section 59 of the Constitution of Texas, a conservation and reclamation district in Jefferson County, Texas, to be known as "Fannett Sewage District, " located within the West Jefferson County Municipal Water District, Jefferson County, Texas, and hereinafter referred to as the "district, " which shall be a governmental agency and a body corporate and politic . The creation and estab- lishment of the district is hereby declared to be essential to the accomplishment of the purposes of Article XVI , Section 59 of the Constitution o£ Texas. Section 2 . The district shall comprise all of the territory contained within the following described area: A 2437 . 1948 acre tract of land that represents the Fannett Service Area in West Jefferson County Municipal Water District, Jefferson County, Texas said tract having a gross area of 3791 . 0556 acres with two save and except tracts, Tract 1 being 1048 . 3484 acres and Tract 2 being 305 . 5124 acres for a net of 2437 . 1948 acres, all being more fully described by metes and bounds as follows: BEGINNING: At the intersection of the centerline of Jan Road and the north bank of Taylor Bayou North Fork, said point being approximately two and one-half (2 ) miles north of State Highway Number 13 and four (4) miles East of State Highway Number 124, in the David Burrell Survev 1".-68, Jefferson County, Texas; 1 . THENCE: North 680 58' 03" West, along the said north bank, 5890 . 74 feet to a point for corner; 2 . THENCE : North 44° West, continuing along the Northeasterly :rank of said Taylor Bayou North Fork, 2580 feet to a point for corner, being 200 feet West of the centerline of a north-south road; 3 . THENCE: North, being 200 feet West of said centerline, 1350 feet to a point for corner, being 200 feet South of the centerline of Craigen Road; 4. THENCE: West, being 200 feet South of said centerline of Craigen Road, 2250 feet to a point for corner; S . THENCE: North, at 200 feet passing said centerline of Craigen Road, in all a distance of 400 feet to a point for corner; 6. THENCE: East, being 200 feet North of said centerline of Craigen Road, 3050 feet to a point for corner, said point being 200 feet West of the north-south portion of Craigen Road; 7 . THENCE: North, being 200 feet West of said centerline of Craigen Road, 9400 feet to a point for corner; 8 . THENCE: North 25° East, being 200 feet North- westerly of said centerline of Craigen Road, 2400 feet to a point for corner; 9 . THENCE : North 390 East, being 200 feet Northwesterly of the said centerline of Craigen Road, 500 feet to a point for corner, said point being 200 feet Southwesterly from the centerline of the Burrell-Wingate Road in the Manual Chirino Survey A-10; 10. THENCE: North 27° 07 ' West, being, 200 feet Southwesterly of said center- line of Burrell-Wingate Road, 1400 feet to a point for corner; 11 . THENCE: West, 3100 feet to a point for corner, said point being 200 feet East of the centerline of Dugat Road; 12 . THENCE: South, being 200 feet East of said centerline of Dugat Road 739 . 23 feet to a point for corner, said point being a point of curve; 13 . THENCE: In a Southwesterly direction, along the arc of a circular curve to the right (R-800' ; delta=300 ) being 200 feet from said centerline of Dugat Road, 418 . 88 feet to a point for corner, said point being a point of tangency, 14. THENCE: South 300 West, being 200 feet Southeasterly of said centerline of Dugat Road, 639 . 23 feet to a point for corner; 15 . THENCE: North 60° West, at 200 feet passing the said centerline of Dugat Road, in all 400 feet to a point for corner; 16. THENCE: North 30° East being 200 feet Northwesterly of said centerline of Dugat Road, 639 . 23 feet to a point for corner; 17 . THENCE: In a Northeasterly direction, along the arc of -2- a circular curve to the left (R=400; delta=30° ) being 200 feet from said centerline of Dugat Road, 209 . 44 feet to a point for corner, said point being a point of tangency; 18. THENCE: North, being 200 feet West of said centerline of Dugat Road, 439 .23 feet to a point for corner; 19 . THENCE: West, 1100 feet to a point for corner, said point being in the Northwesterly right-of-way (ROW) of State Highway Number 124 ( SH124) , same being the Southeasterly ROW of the Santa Fe Railroad, said point also being in the S. R. Perkins Survey A-187; 20 . THENCE : North 330 East along the said Northwesterly ROW of SH 124, 2450 feet to a point for corner, said point being the intersection of the said Northwesterly ROW of SH 124 and the East line of the W. J. Barton Survey A-101; 21 . THENCE: North, along the said East line of the Barton Survey, same being the West line of the Joseph Gallier Survey A-130, a distance of 1450 feet to a point for corner, said point being 400 feet Southwesterly of the centerline of Farm to Market Road 365 (FEM365 ) ; 22 . THENCE: North 580 23 ' 33" West being 400 feet Southwesterly of said centerline of FM 365 , 763 . 22 feet to a point for corner; 23 . THENCE : nest, along the North line of said Barton Survey, 1750 feet to a point for corner; 24. THENCE : North 450 feet to a point for corner; 25 . THENCE: +lest, 950 feet to a point for corner, said point being in the Thos . S. McFarland Survey A-38; 26. THENCE: North, 500 feet to a point for corner; 27 . THENCE: West, 500 feet to a point for corner; 28. THENCE: North, 600 feet to a point for corner, said point being 200 feet South of the said centerline of FM 365; 29 . THENCE: West, being 200 feet South of the said centerline of FM 365, passing Interstate Highway Number 10, ( IH 10) in all 5550 feet to a point for corner, said point being 200 feet East of the centerline of Sandy Lane; 30 . THENCE: South, 1900 feet to a point for corner; 31 . THENCE: West, 600 feet to a point for corner; 32 . THENCE: North, being West of said Sandy Lane, passing the said centerline of FM 365 , in all 2300 feet to a point for corner North of FM 365 ; 33 . THENCE: East, being 200 feet North of said centerline of FM 365, 3700 feet to a point for corner in the J. C. Lawhon Survey A-35; 34. THENCE: North, 550 feet to a point for corner; 35 . THENCE : East, 400 feet to a point for corner; 36. THENCE: North, 750 feet to a point for corner; 37 . THENCE: East, 400 feet to a point for corner; 38. THENCE: South, 800 feet to a point for corner; 39 . THENCE: South 210 48' 05" East, 538. 52 feet to a point for corner, said point being 200 feet North of said centerline of FM 365; 40. THENCE: East, being 200 feet North of said centerline of FM 365, passing IH 10, in all 2700 feet to a point for corner, said point being 200 feet West of the centerline of the north-south section of Gilbert Road; 41 . THENCE: North, being 200 feet West of the said centerline of Gilbert Road, 1200 feet to a point for corner; 42 . THENCE: East, at 200 feet passing the said centerline (or its northerly projection) of Gilbert Road, in all 400 feet to a point for corner; 43 . THENCE: South, 1400 feet to a point for corner, said point being in the South line of the said J. C. Lawhon Survey A-35, same being the North line of the John Tucker Survey A-559; 44. THENCE: East, along the common line of said Lawhon and Tucker Surveys, 4537 . 87 feet to a point for corner, said point being in the said Northwesterly ROW of SH 124; 45 . THENCE: North 330 East, along said Northwesterly ROW of SH 124, 1600 feet to a point for corner; 46 . THENCE: East, 4300 feet to a point for corner, said point being in the said Manual Chirino Survey; 47 . THENCE North 210 30 ' West, 1600 feet to a point for corner; 4S . THENCE : North 680 30 ' -3- 1 -Z2-�90 East, 400 feet to a point for corner; 49 . THENCE: South 210 30 ' East, 1200 feet to a point for corner; 50. THENCE : East, 600 feet to a point for corner, said point being 200 feet West of the centerline of Gaulding Road; 51 . THENCE : North, being 200 feet West of said centerline of Gaulding Road, 1200 feet to a point for corner; 52 . THENCE : East, at 200 feet passing the said centerline of Gaulding Road, in all 400 feet to a point for corner; 53 . THENCE: South, being 200 feet east of the said centerline of Gaulding Road; 8781 . 92 feet to a point for corner, said point being 200 feet North of said centerline of FM 365; 54. THENCE: East, being 200 feet North of said centerline of FM 365, 2300 feet to a point for corner; 55 . THENCE: South, at 200 feet passing said centerline of FM 365, in all 400 feet to a point for corner; 56. THENCE: west, being 200 feet South of said centerline of FM 365, 3015 . 87 Beet to a point for corner; 57 . THENCE : North 80° ,vest, being 200 =eet Southerly of the centerline of that portion of the Old Fannett Highway between FM 365 and Burrell-Wingate Road; 3650 feet to a point for corner in the center of an irrigation lateral . 58. THENCE : South 15° West, along said center of an irrigation lateral , 850 -meet to a point for corner, said point being 200 feet Northeasterly of the centerline of the Burrell-Wingate Road; 59 . THENCE: South 270 07 ' East, being 200 feet Northeasterly of said centerline of Burrell-Wingate Road, 8600 feet to a point for corner; 60 . THENCE : South 500 42 ' 54" East, being 200 feet Northeasterly of said centerline of Burrell-Wingate Road, 3835 .29 feet to a point fcr corner; 61 . THENCE: South 780 East, being 200 feet Northeasterly of said centerline of Burrell-Wingate Road, 3152 . 92 feet to a point for corner; 62 . THENCE: South 120 West, at 200 feet passing said centerline of Burrell-Wingate Road, in all 400 feet to a point for corner; 63 . THENCE: North 780 West, being 200 feet Southwesterly of said centerline of Burrell-Wingate Road, 3250 feet to a point for corner; 64. THENCE: North 500 42 ' 54" West, being 200 feet Southwesterly of said centerline of Burrell-Wingate Road, 1300 feet to a point for corner, said point being 200 feet Southeasterly of the centerline of Jap Road; 65 . THENCE: South 8° West, being 200 feet southeasterly of said centerline of Jap Road, 5900 feet to a point for corner, said point being a point of curve; 66. THENCE: In a Southeasterly direction, along the arc of a circular curve to the left (R=5900' ; delta=240 ) , 2471 . 39 feet to a point for corner, said point being a point of tangency; 6/7 . THENCE : South 740 West, 200 feet to the point of BEGINNING. Save and except Tract 1 from the Fannett Service Area, Jefferson_ County, Texas, said Tract 1 being generally bound by Jap Road, Burrell-Wingate Road, Craigen Road and Patter- son Road. Said Tract 1 contains 1048 . 3484 acres and is more fully described by metes and bounds as follows: BEGINNING: At a point being 200 feet east of the centerline of Craigen. Road and 200 feet north of the centerline of Patterson Road, said point being approximately three and eight-tenths (3 . 8) miles north of State Highway Number 73 and two and four-tenths (2 . 4) miles east of State Highway Number 124, in the David Burrell Survey A-68, Jefferson County, Texas; 1 . THENCE: :forth being 200 feet east of -4- said centerline of Craigen Road, 9311 . 32 feet to a point for corner; 2 . THENCE: North 250 East, being 200 feet south- easterly of said centerline of Craigen Road, 2262 . 21 feet to a point for corner; 3 . THENCE: North 39° East, being 200 feet Southeasterly of said centerline of Craigen Road, 273 . 77 feet to a point for corner in the "Manual. Chirino Survey A-10, said point being 200 feet Southwesterly of the centerline of Burrell-Wingate Road; 4. THENCE: South 27° ' being 200 feet Southwesterly of said centerline of 07 East, Southwesterly� � A ; Burrell-Wingate Road, 5822 . 49 feet to a point for corner; 5 . THENCE: South 8° 22 ' S6" West, 2069 . 29 feet to a point- for corner, in said David Burrell Survey; 6 . THENCE: East, 1350 feet to a point for corner, said point being 200 feet Southwesterly of said centerline of Burrell-Wingate Road; 7 . THENCE: South 500 42 ' 54" East being 200 feet South- westerly of said centerline of Burrell-Wingate Road, 2248 feet to a point for corner, said point being 200 feet Northwesterly of the center ins of J ap Road; S. South 8° West being 200 feet INcrthwester! v of said center- line of Jap Road, 2950 feet to a point for corner said point being 200 feet North of the centerline. of Patterson Road; 9 . THENCE: West, being 200 feet North of said centerline of Patterson Road, 6160 feet to the point of BEGINNING. Save and except Tract 2 from the Fannett Service Area, Jefferson County, Texas, said Tract 2 being generally bound on the South by State Farm to Market Road 365 (FM 365 ) and on the East by Gaulding Road. Said Tract 2 contains 305 . 5124 acres and is more fully described by metes and bounds as follows: BEGINNING: At a point being 200 feet North of the center- line of State Farm to Market Road 365 (FM 365) and 200 feet West of the centerline of Gaulding Road, said point being approximately two and nine-tenths (2 . 9 ) miles East of State Highway 124 and six and ore-tenth ( 6. 1) miles North of State Highway 73 , in the Manual Chirino Survey= A-10, Jefferson County, Texas; 1 . THENCE: East, being 200 feet North of said centerline of FM 365, 450 feet to a point for corner; 2 . THENCE: North 800 West, generally being 200 feet North of said centerline of FM 365, 2200 feet to a point for corner; 3 . THENCE: North 540 56' 37" West, being 200 feet Northeasterly of said centerline of FM 365, 3339 .20 feet to a point for corner; 4. THENCE: North, 950 feet to a point for corner; S . THENCE: East, 5350 feet to a point for corner, said point being 200 feet West of said centerline of Gaulding Road; 6. THENCE: South, being 200 feet West of said centerline of Gaulding Road, 3250 feet to the point of BEGINNING. Section 3 . It is determined and found that the bound- aries and field notes of the district form a closure. If any mistake is made in copying the field notes in the legislative process or otherwise a mistake is made in the field notes, it shall in no way affect the organization, -5- (� /�� existence and validity of the district, or the right of t_;e district to issue bonds for the purpose for which the district is created or to pay the principal and interest thereon, or the right to assess, levy and collect taxes, or in anv other manner affect the legality of operation: of the district or its governing bodies. Section 4. It is determined and found that all of the land and other property included within the area and bound- aries of the district will be benefited by the works and projects which are to be accomplished by the district pursuant to the powers con erred by tr_�e prcVislons of Article XVI , Section 59 of the Constitution of Texas, and that said district is created to serve a public use and benefit. Section S . The district is hereby vested with, and shall have and exercise, all of the rights, powers, priv- ileges, authority and functions now or hereafter conferred by Chapter 54, Title 4, Texas Water Code, relating to the protection, preservation, and restoration of the purity and sanitary condition of water within th_ state and the collec- tion, transportation, treatment, and disposal of domestic, industrial, or commercial wastes, whether in fluid, solid or composite state, including without limiting the generality thereof all rights, powers, privileges, authority and functions necessary to issue bonds to finance sanitary sewer facilities as provided by Chapter 54, Title 4, Texas Water Code, and to construct or cause to be constructed said sanitary sewer facilities and all necessary appurtenances and incidentals, but if any provision of the general laws shall be in conflict or inconsistent with the provisions of this Act, the provisions of this Act shall prevail . All such general laws applicable to conservation and reclamation districts not in conflict or inconsistent with the -6- r�'-f3�� provisions of this Act are hereby adopted and incorporated by reference with the same effect as if copied in full in this Act, except that nothing in this Act shall be construed to give the district powers beyond those specified in this section. Section 6 . The district shall have the right, power, and authority to enter into contracts of not exceeding 40 years f duration with persons, corporation;, public or private, municipal corporations, political subdivisions of the State of Texas, and others, on such terms and cc:-,d Lt ons as the board of directors <<ay deem desirable, fair, and advantageous, and the district shalt enter 4 _to a contract with the West Jefferson County Municipal Water District pursuant to which the West Jefferson County Municipal Water District will be obligated to lease the sanitary sewer facilities from the district upon completion of construc- tion, to operate and maintain said sanitary sewer facili- ties, and to provide attendant sewage treatment services . Said contract may provide for the payment of a nominal sum, and the district shall have the power and authority to make, purchase, construct, lease, or otherwise acquire property, works, facilities, and improvements (whether previously existing or to be made, constructed or acquired) within or without the boundaries of the district necessary to effectuate said contract. Section 7 . Immediately after this Act becomes effec- tive, the directors of the West Jefferson County Municipal Water District shall appcint two directors for the district. The President, Vice-President, and Secretary of the West Jefferson County Municipal Water District shall serve ex-officio as directors for the district, but they shall receive no salary or compensation for their activities on behalf of the district. If either of the appointed -7- directors of the district created by this Act should resign or fail to qualify for any reason, then the directors of the West Jefferson County Municipal Water District shall aiDiDoint his reilacement. -7f the President, Vice- resident, or Secretary of the West Jefferson County Municipal 6�later District should resign or fail to qualify for any reason and thus create a vacancy on the board of directors of the district, then the appointment of a new President_, Vice- President, or Secretary for ,.he ,lest Jefferson Cccuntl,7 Municipal Water District shal- constitute the appcintment an ex-officio director for the district. =f at any time the number of qualified directors, including those ser,,7.ing ex-officio, Shall be mess than three because of the 2ailure or refusal of one or more directors to qualify or serve because of his or their death or incapacitation, or for any other reason, the Texas Water Commission shall appoint the necessary number of directors to fill all vacancies on the board. Section S. The Legislature specifically finds and declares that the requirements of Article XVI , Section 59(d) and Section 59(e) of the Constitution of Texas have been performed and accomplished in due course and time and order, that all persons and officials required to be notified pursuant to said sections have been properly notified, that all approvals required to be obtained pursuant to said sections have been obtained, and that the Legislature has the authority and power to enact this Act. Section 9 . If any word, phrase, clause, paragraph, sentence, part, portion, or provision of this Act or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional, the remainder of this Act shall nevertheless be valid and the Legislature hereby declares that this Act would have been enacted -S- without such invalid or unconstitutional word, phrase, clause, paragraph, part, portion, or provision. Section 10. The importance o3ff this legislation and the crowded condition o the calendars in both houses creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended. -9-