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CC Resolution No. 2782 RESOLUTION NO. 2782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND CREATING THE BAYVIEW HEIGHTS PUBLIC IMPROVEMENT DISTRICT IN THE CITY OF BAYTOWN, HARRIS COUNTY,TEXAS, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City of Baytown, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code,as amended(the"Act"),to create a public improvement district ("PID") within its corporate limits; and WHEREAS, the City received a petition (the "Petition") from the owner(the "Petitioner") of the land described in Exhibit "A" attached hereto and incorporated herein for all intents and purposes (the "Property"), requesting the establishment of a PID to be known as the Bayview Heights Public Improvement District (the "District") within the corporate limits of the City; such District to include the Property; and WHEREAS,the City Council of the City(the "City Council") received the Petition which was signed by the owners of more than 50%' of the appraised value of the taxable real property liable for assessment and the record owners of more than 50°o of the area of all taxable real property within the District that is liable for assessment, and as such, the Petition complies with the Act; and WHEREAS, on November 15, 2021, the City Council approved a resolution (the "Resolution") to provide for a public hearing date on December 9, 2021, to consider the creation of the District; and WHEREAS, notice of the hearing was published in a newspaper of general circulation in the City in which the District is to be located on November 21, 2021; and WHEREAS,notice to the owners of property within the proposed District was sent by first- class mail to the owners of 100°' of the property subject to assessment under the proposed District containing the information required by the Act such that such owners had actual knowledge of the public hearing to be held on December 9, 2021; and WHEREAS, on December 9, 2021, the City Council held such public hearing on the creation of the District and heard any comments or objections thereto; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the findings set forth in the recitals of this Resolution are found to be true and correct. 1 DM-#8243820.1 Section 2: That the Petition submitted to the City by the Petitioner was filed with the City Clerk and complies with the Act. Section 3: That pursuant to the requirements of the Act, including, without limitation, Sections 372.006, 372.009(a), and 372.009(b),the City Council, after considering the Petition and any evidence and testimony presented at the public hearing on December 9, 2021, hereby finds and declares: (a) Advisability of the Proposed Improvements. It is advisable to create the District to provide the Authorized Improvements (as described below). The Authorized Improvements are feasible and desirable and will promote the interests of the City and will confer a special benefit on the Property. (b) General Nature of the Authorized Improvements. The general nature of the proposed public improvements(collectively,the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures,features or amenities such as trails,playgrounds,walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction and improvement of water, wastewater and drainage improvements and facilities (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi)payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (vii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (v) above, and costs of establishing. administering and operating the District. (c) Estimated Costs of the Authorized Improvements and Apportionment of Costs. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment, administration and operation of the PID is $20,000,000 plus the annual cost of operation and maintenance, if any. The City will pay no costs of the Authorized Improvements, supplemental services or operation and maintenance costs from funds other than assessments levied on property within the PID. The remaining costs of the proposed improvements will be paid from sources other than those described above. (d) Approximately 57.186 acres of land within the City of Baytown, Harris County, Texas. Said property being generally located 397 feet north of the Hunt Road and N. Main St. intersection, and is APPROXIMATELY 2,010 FT south of the I-10 East frontage road and N. Main St. intersection, and is APPROXIMATELY 2,050 FT east of the Hunt Road and Garth Road intersection, and is located on the west 2 DM-#8243820.1 side of N. Main Street. A metes and bounds description is available for inspection at the offices of the City Clerk at the location described above. The boundaries of the District are set forth in Exhibit A attached hereto. (e) Proposed Method of Assessment. The City shall levy assessments on each parcel within the PID in a manner that results in the imposition of an equal share of the costs of the Authorized Improvements on property similarly benefitted by such Authorized Improvements. The proposed method of assessment shall be based upon(i)an equal apportionment per lot,per front foot,or per square foot of property benefiting from the Authorized Improvements, as determined by the City, (ii) the ad valorem taxable value of the property benefiting from the Authorized Improvements, with or without regard to improvements on the property, or (iii) in any manner that results in imposing equal shares of the cost on property similarly benefitted. (f) Apportionment of Costs Between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements. All of the costs of the Authorized Improvements will be paid from assessments levied on properties in the PID and from other sources of finds available to the Petitioners. (g) Management of the District. The District shall be managed by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District. (h) Advisory Board. The District shall be managed without the creation of an advisory body. Section 4: That the Bayview Heights Public Improvement District is hereby authorized and created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the Authorized Improvements contained in this Resolution, the nature and the estimated costs of the Authorized Improvements, the boundaries of the District, the method of assessment and the apportionment of costs as described herein; and the conclusion that the District is needed to fund such Authorized Improvements. Section 5: That a copy of this Resolution authorizing the District shall be filed in the real property records of Harris County. Section 6: That City staff is directed to cause to be prepared a Service and Assessment Plan for the District and to present it to the City Council for review and approval. 3 DM-#8243820.1 Section 7: That this resolution shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26`I' day of May, 2022. -'-) (( ffA—NDON CAPETILL , Mayor ATTEST: ��C�ePYTOFvi.•. . o . . . ANGELA ACKSON, City t ee �0co of-' APPROVED AS TO FORM: 1;e"A R TREVOR FANNING, Interim City Attorney STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned authority, on this day personally appeared Brandon Capetillo. Mayor of the City of Baytown, Texas, known to me to be such person who signed the above and acknowledged to me that such person executed the above and foregoing Order in my presence for the purposes stated therein. Given under my hand and seal of office this a- t Notary Public, State of as Y' �., SYLVIAAGUD State of Te IN ,. 4-4 P] Notary Pub Commission No. My Commission Expire Signature Page to Creation Resolution EXHIBIT A PROPERTY DESCRIPTION 4 ,,. . . � � �• _ ALTNNSOS LAND TITLE SURVEY of ST.TSS ACRES - - n IIAD7,008 SQUARE FEET) LO&CHARM TMC • -. N•L:UMI C 6 CMARLlb BObYIEIl _ b COMM TEXAS Exhibit A DM-#8243820.1 EXHIBIT A PROPERTY DESCRIPTION Revised April 14,2022 Revised February 28,2022 December 3,2021 Job No. 1750-3561 DESCRIPTION OF 57.186 ACRES 2,491,008 SQUARE FEET Being 57.186 acres (2,491,008 square feet) of land located in the William C& Charles Boswell Survey, Abstract 1562, Harris County, Texas, more particularly being a portion of that certain called 63.2292 acre tract conveyed to Iglesia Cristo Viene of Baytown, Inc. by an instrument of record in File Number 20060075104,of the Official Public Records of Real Property of Harris County,Texas(H.C.O.P.R.R.P.),said 63.2292 acre tract being a portion of Block 19,of Highland Farms, a subdivision of record in Volume 10, Page 47 of the Map Records of Harris County, Texas, (H.C.M.R.), said 57.186 acres being more particularly described by metes and bounds as follows(all bearings referenced to the Texas Coordinate System,South Central Zone, NAD83(Epoch 2010.00)); COMMENCING for reference at a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for the southeast corner of said 63.2292 acre tract and being on the north line of that certain called 26.6977 acre tract conveyed to George Gilman by an instrument of record in File Number G129965, H.C.O.P.R.R.P.,the southwest corner of that certain called 0.405 acre tract awarded to Harris County for road widening purposes in File Number H790215, H.C.O.P.R.R.P., the northwest corner of that certain called 0.185 acre tract conveyed to Harris County for road widening purposes in File Number H560811, H.C.O.P.R.R.P.,said point lying on the west right- of-way line of North Main Street(called 100'wide); Thence,South 77'42' 17"West,departing said west right-of-way line and with the south line of said 63.2292 acre tract and the north line of said 26.6977 acre tract,355.64 feet to a 5/8- inch iron rod with cap stamped"LJA SURVEY"set for the POINT OF BEGINNING of the herein described tract; Thence, South 77°42' 17"West,continuing along said common line, 2,588.54 feet to a 1/2-inch iron pipe found for the most southerly southwest corner of said 63.2292 acre tract and the northwest corner of said 26.6977 acre tract, said point lying on the east line of that certain Page 1 of 4 S:\.Sectors\SumeyAProjects\LJAS001\1750\3561\LEGALS\57.186ac Residenbal M&6 Rewsed.docx Exhibit A DM-#8243820.1 EXHIBIT A PROPERTY DESCRIPTION 57.186 Acres Revised April 14,2022 Revised February 28,2022 December 3,2021 Job No. 1750-3561 called 5 acre tract conveyed to Norman E.Perkins and wife Barbara Perkins by an instrument of record in File Number E417217,H.C.O.P.R.R.P.; Thence,North 12'15'31"West,along a west line of said 63.2292 acre tract and the east line of said 5 acre tract,364.85 feet to a 1/2-inch iron rod found for the northeast corner of said 5 acre tract and an interior corner of said 63.2292 acre tract; Thence, South 76°42'17"West,along the north line of said 5 acre tract and a south line of said 63.2292 acre tract,299.80 feet to a 1/2-inch iron pipe found marking the most westerly southwest corner of said 63.2292 acre tract and the northwest corner of said 5 acre tract, said point lying on the east line of that certain tract described as all of Reserve"G"of San Jacinto Crossing conveyed to James M. Terrell by an instrument of record in File Number W006959, H.C.O.P.R.R.P.,from which a found 1/2-inch iron rod bears South 68'31'30"East, 11.15 feet; Thence,North 12"37'34"West,along the east line of said James M.Terrell tract and the west line of said 63.2292 acre tract, 508.37 feet to a 1-inch iron pipe found for the northwest comer of said 63.2292 acre tract and the southwest corner of that certain called 23.44692 acre tract conveyed to Goose Creek Junior College District,by an instrument of record in Volume 6540, Page 374 of the Deed Records of Harris County,Texas,(H.C.D.R.),said point lying on the east line of that certain residue of a called 7.1268 acre tract conveyed to James M. Terrell by an instrument of record in File Number W006961,H.C.O.P.R.R.P.; Thence, North 77°45'36"East, departing said east line and along the north line of said 63.2292 acre tract and the south line of said 23.44692 acre tract,2,949.76 feet to a 2-inch iron pipe with cap found for the southeast corner of said 23.44692 acre tract and the southwest corner of that certain called 3.20 acre tract conveyed to Lee College District by an instrument of record in Volume 7007,Page 306,H.C.D.R.; Page 2 of 4 S 1SectorslSurvey\Projects\UAS00/11 75 01356 11LEGALS\57.186ac Residential M&B Revised.docx Exhibit A DM-#8243820.1 EXHIBIT A PROPERTY DESCRIPTION 57.186 Acres Revised April 14,2022 Revised February 28,2022 December 3,2021 Job No. 1750-3561 Thence,North 77"08'29"East,along the south line of said 3.20 acre tract and the north line of said 63.2292 acre tract, 97.30 feet to a point for corner, the beginning of a curve,from which a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for the northeast comer of said 63.2292 acre tract bears North 77"08'29"East,355.13 feet; Thence,departing said common line, 15.22 feet along the arc of a non-tangent curve to the right,having a radius of 2457.02 feet,a central angle of 00°21'18",and a chord which bears South 02"15'12"East, 15.22 feet to a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for corner; Thence,South 020 04'40"East,357.57 feet to a 518-inch iron rod with cap stamped"LJA SURVEY"set for corner; Thence,North 80'01'07'East,331.59 feet to a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for corner,the beginning of a curve; Thence,35.82 feet along the arc of a tangent curve to the left, having a radius of 25.00 feet,a central angle of 82"05'45',and a chord which bears North 38,58'15"East,32.83 feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY" set for corner on the east line of the aforementioned 63.2292 acre tract and the west right-of-way line of the aforementioned North Main Street; Thence, South 02" 04' 40' East, along the east line of said 63.2292 acre tract and the west right-of-way line of said North Main Street, 131.25 feet to a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for corner,the beginning of a curve; Thence,departing said common line,42.72 feet along the arc of a curve to the left,having a radius of 25.00 feet,a central angle of 97"54'09',and a chord which bears North 51*01'48" West,37.71 feet to a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for corner; Page 3 of 4 S\Sectors\Survey\Protects\LJAS001\1750\35611-I.EGALS\57.186ac Residential Me Revised.docx Exhibit A DM-48243820.1 EXHIBIT A PROPERTY DESCRIPTION 57.186 Acres Revised April 14,2022 Revised February 28,2022 December 3,2021 Job No. 1750-3561 Thence,South 80'01'07"West,324.65 feet to a 5/8-inch iron rod with cap stamped"WA SURVEY"set for comer; Thence,South 021 04'40"East,426.48 feet to the POINT OF BEGINNING and containing 57.186 acres(2,491,008 square feet)of land. �E0F F —A.. CULLEN D. WEISHUHN 6 LJA Surveying, Inc ��109 6850 P:iQ � 9,t,OSURv�y0 Page 4 of 4 S:\Sectors\Survey\ProjectslLJAS001\1750\35611LEGALS\57.186ac Residential M88 Revised docx Exhibit A DM-ff8243820.1