Ordinance No. 15,221ORDINANCE NO. 15,221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES
AGREEMENT WITH DCB JOINT VENTURE NO. 2; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to a Services
Agreement with DCB Joint Venture No. 2. A copy of said agreement is attached hereto, marked
Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately 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 1 P day of October, 2022.
BRANDON CAPETILLO, Aayor
ATTEST:
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ANGELA J CKSON, Ci -(Mrk co
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APPROVED AS ORM:
SCOTT LEMO , City Attorney
R:Karen Anderson ORDINANCES\2022\2022.10.13 ServicesAgreeementwithDCBJotntVentureNo2.docx
EXHIBIT "A"
Services Agreement
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, the DCB Joint Venture No. 2 (the "Owner") owns the property more specifically
identified in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes(the
Property"); and
WHEREAS,the Owner has requested annexation of the Property; and
WHEREAS,pursuant to Section 43.0672 of the Texas Local Government Code,the City of Baytown
the"City")and the Owner desire to enter into this Services Agreement(this"Agreement")in order to govern
the provision of service to the Property:
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the City and the Owner(collectively the"Parties")do hereby mutually agree as follows:
I. Services to be provided. The Parties agree that upon annexation,the City will provide the following
services,which shall be pro%ided at a comparable level to that provided to other parts of the City with
topography,land use,and population density similar to those reasonably contemplated or projected on
the Property as of the date hereof:
a.Fire. The City, through its Fire Department, will provide fire and emergency medical
services to the Property.
b. Police. The City,through its Police Department,will provide law enforcement services to
the Property.
c.Health. The City, through its Health Department, will provide services pertaining to
environmental health, neighborhood protection, stone water, and animal control to the
Property.
d. Planning and Development. The City, through its Planning and Development See ices
Department,will provide development and building services to the Property, including
code enforcement services.
C. Utility. The City through, its Public Works, Engineering and Finance Departments, will
provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure
improvements necessary for the Property to receive these services from the existing City
infrastructure shall be the sole responsibility of the Owner. Additionally, any additional
infrastructure improvernents,necessitated by proposed fixture development,shall be the sole
responsibility of the Owner.
The Parties understand and agree that the City is not required to provide a service that is not included
in this Agreement. However,nothing herein shall be construed to preclude the City from providing a
service in the future if it chooses to do so.
2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and
shall terminate one year after the services referenced in Section I have first been provided to the
Property.
3. Remedies. Should the City fail to provide the services within the time period specified in Section 1
hereof,the Owner shall give written notice of such failure to the City and provide an opportunity for
Services Agreement,Page I
the City to provide such services. The City shall not be in default hereof if the City is diligently
prosecuting the work necessary to provide the services. If the breach is not timely cured,the Owner's
sole remedy is to seek disannexation. If the property is disannexed,the City shall be relieved of any
and all obligations to provide those services specified in Section 1 hereof to the Property.
4. Miscellaneous Provisions.
a) Notice. Notices required herein shall be delivered in hand or by registered or certified US
mail to the City at the following address:
City of Baytown
Attn: City Manager
2401 Market Street
Baytown,Texas 77520
Notice to the Owner may be addressed to Owner at the address indicated on the most
recent Harris County property tax roll for the Property.
b) Severability. if a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable,then the remainder of this Agreement shall remain in full
force and effect.
c) Non-waiver. This Agreement may be enforced by any Owner or the City by any proceeding
at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of
this Agreement thereafter.
d) Ambiguities. In the event of any ambiguity in any of the teens of this Agreement,it shall not
be construed for or against any party hereto on the basis that such party did or did not author
the same.
c) Headings. The headings appearing at the first of each numbered section in this Agreement
arc inserted and included solely for convenience and shall never be considered or given any
effect in construing this Agreement or any provision hereof,or in connection with the duties,
obligations or liabilities of the respective parties hereto or in ascertaining intent, if any
question of intent should arise.
f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and
construed in conformity with the provisions of Sections 43.0672 of the Texas Local
Government Code. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement.
g) Venue. Venue for this Agreement shall be in Chambers County,Texas.
h) Counterparts. This Agreement may be separately executed in individual counterparts and,
upon execution,shall constitute one and same instrument.
i) Complete Agreement.This Agreement contains all the agreements of the Owner and the City
relating to the subject matter hereof and is the full and final expression of the agreement
between such parties. This Agreement may be amended only by written agreement signed by
the Owner and the City.
j) Agreement Read. The parties acknowledge that they have read,understand and intend to be
bound by the terms and conditions of this Agreement.
k) Authority. The Owner covenants that he/she/it has the authority to enter into this Agreement
by virtue of being the owner of the Property. Additionally, the officers executing this
Agreement on behalf of the Owner hereby represent that such officers have full authority to
execute this Agreement and to bind the party he/she represents.
Services Agreement,Page 2
Entered into this day of 2022.
CITY OF BAYTOWN
RICHARD L. DAVIS,City Manager
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND,City Attorney
OWNER:
Signature)
D.
Printed Name)
Title)
STATE OF TEXAS
COUNTY OF4 4fNMti5Rft2fAS
Before me,CNR1S,.j4G'&Ua r_)1G9C-A_..Ahe undersigned notary public, on this day personally
appeared d OAAla1,.C:• f/FP u&A ,the 'FA 5reim.. of the
known to me
proved to me on the oath of or
proved to me through his/her current 73e ,DA1vM Lr C9W5& {description of
identification card or other document issued by the federal government or any state
government that contains the photograph and signature of the acknowledging person}
check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she
executed that instrument for the purposes and consideration therein expressed.
Given under my h 96wrld1<te),9f office this Way of Ye-PrC WA_ 2022.
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Services Agreement,Page 3
Services Agreement
STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS, the DCB Joint Venture No. 2 (the "Owner") owns the property more specifically
ideniifiecl in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the
"Property"): and
WHEREAS,the Owner has requested annexation of the Property;and
WHEREAS,pursuant to Section 43.0672 of the Texas Local Government Code, the City of Bayiown
(the "City") and the Owner desire to enter into this Services .Agreement (this "Agreement")in order to govern
the provision of ser\'ice to the Property:
NOW THEREFORE,for and in consideration of the mutual covenants and agreements herein
contained,the City and the Owner (collectively the "Parties")do hereby mutually agree as follows:
1.Scivices to be provided. The Parlies agree that upon annexation, the City will proN'ide the following
seivices,which shall be provided at a comparable level to that provided to other pans of the City with
topography, land use, and population density similar to thosereasonablycontemplated or projected on
the Property as of the date hereof:
a. Fire. The City, through its Fire Depanment,will provide fire and emergency medical
services to the Propeny.
b.Police.The City, through its Police Department,will provide law enforcement sei'viccs to
the Propeny.
c.Health,fhc City,tlirough its Health Depanment,will provide services pertaining to
environmental health, neighborhood protection,stonn water, and animal control to the
Propeny.
d. Planning and Development.The City, through its Planning and Development Services
Department,will provide development and building services to the Propeny. including
code enforcement services.
e. Utility. The City through,its Public Works, Engineering and Finance Depaitmenis,will
provide water,sower,storm scwcr.and garbage services to the area.Any infrastructure
improvements necessary for the Property to receive these services from the existing City
infrastructure shall be the sole responsibility of the Owner. Additionally, any additional
infrastructure irnprovements,necessitatedbyproposed futuredevelopment, shall be the sole
responsibility of the Owner.
The Panics understand and agree that the City isnot required to provide a service that is not included
in this .Agreement.However,nothing herein shall be construed to preclude the City from providing a
serx'ice in the future if it chooses to do so.
2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and
shall terminate one year after the services referenced in Section I have first been provided to the
Property.
3-Remedies.Should the City fail to provide the services within the time period specified in Section 1
hereof, the Owner shall give written notice of such failure to the City and provide an opportunity for
Services Agreement.Page I