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.
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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.
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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
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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.
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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.•.
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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
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ALTNNSOS LAND TITLE SURVEY
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ST.TSS ACRES
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Exhibit A
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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
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Exhibit A
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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.;
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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;
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Exhibit A
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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.
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CULLEN D. WEISHUHN 6 LJA Surveying, Inc
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Exhibit A
DM-ff8243820.1