Ordinance No. 15,311 ORDINANCE NO. 15,311
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 ROY ELLIOTT, LOIS HORTON, LYNN M.
WEISKITTEL REVOCABLE TRUST, AND LAURA REYES FOR THE
PROPOSED ANNEXATION OF APPROXIMATELY 19.86 ACRES OF LAND,
GENERALLY LOCATED ALONG THE NORTH SIDE OF IH-10 BETWEEN
GARTH ROAD AND NORTH MAIN STREET; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 Roy Elliott, Lois Horton, Lynn M. Weiskittel Revocable Trust, and Laura Reyes
for the proposed annexation of approximately 19.86 acres of land,generally located along the north
side of IH-10 between Garth Road and North Main Street. 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 8th day of December, 2022.
NDON CA ETILLO, Mayor
ATTEST:
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ANGELA ACKSON, zler
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APPROVED A TO ORM.
SCOTT LE N13, City Attorney
R:Karen Anderson.ORDINANCES\2022\2022.12.08 ServicesAgreeementwithRElliott.LHorton.LWeiskittelRevocableTrustandLReyes.docx
EXHIBIT "A"
Services Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS,Roy Elliott,Lois Horton,Lynn M.Weiskittel Revocable Trust,and Laura Reyes
Barreto, (the"Owner")owns the property more specifically identified in Exhibit"A,"which is attach d 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 aytown
(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 agreement herein
contained,the City and the Owner(collectively the"Parties")do hereby mutually agree as follows:
l. Services to be provided. The Parties agree that upon annexation,the City will provide the following
services,which shall be provided at a comparable level to that provided to other parts of the Gity with
topography,land use,and population density similar to those reasonably contemplated or prof ected 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 sen ices to
the Property.
G. Health. The City, through its Health Department, will provide services pertai ing to
environmental health, neighborhood protection, storm water, and animal control to the
Property.
d. Planningand Development. The City,through its Planning and Development Sen ices
Department,will provide development and building services to the Property,inclu ing
code enforcement services.
C. ladily. The City through, its Public Works, Engineering and Finance Departme its, will
provide water, sewer, storm sewer, and garbage services to the area. Any infr tracture
improvements necessary for the Property to receive these services from the exis ng City
infrastructure shall be the sole responsibility of the Owner. Additionally, any additional
infrastructure improvements,necessitated by proposed future 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 i ncluded
in this Agreement. However,nothing herein shall be construed to preclude the City from prc viding a
service in the future if it chooses to do so.
Services Aareernent,Page 1
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 1 have first been provid d to the
Property.
3. Remedies. Should the City fail to provide the services within the time period specified in Section I
hereof,the Owner shall give written notice of such failure to the City and provide an oppo ity for
the City to provide such services. The City shall not be in default hereof if the City is d ligently
prosecuting the work necessary to provide the services. If the breach is not timely cured,the wner's
sole remedy is to seek disannexation. If the property is disannexed,the City shall be relieve 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 cert fied 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 them st
recent Harris County property tax roll for the Property.
(b) Seyerability. If a court of competent jurisdiction determines that any covenani of this
Agreement is void or unenforceable,then the remainder of this Agreement shall rema n in full
force and effect.
(c) Non-waiver, This Agreement may be enforced by any Owner or the City by any prc ceeding
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 terms of this Agreement,it shall not
be construed for or against any party hereto on the basis that such party did or did nc t author
the same.
(e) Headings. The headings appearing at the first of each numbered section in this Ag eement
are inserted and included solely for convenience and shall never be considered or gi ven any
effect in construing this Agreement or any provision hereof,or in connection with th duties,
obligations or liabilities of the respective parties hereto or in ascertaining inten, 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 Tex Local
Government Code. No subsequent change in the law regarding annexation shall a feet the
enforceability of this Agreement.
(g) Venue. Venue for this Agreement shall be in Harris County,Texas.
(h) Counterparts. This Agreement may be separately executed in individual counterpi,rts 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 ag eement
between such parties. This Agreement may be amended only by written agreement s gned by
the Owner and the City.
Services Agreement,Page 2
(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) Authorily, 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 au ority to
execute this Agreement and to bind the party he/she represents.
Entered into this day of 22022.
CITY OF BAYTOWN
RICHARD L. DAVIS,City Manager
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND,City Attorney
OWNER
Roy tt
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public,on this day personally
appeared ,
�z known to me
proved to me on the oath of or
proved to me through his/her current (desc ption of
identification card or other document issued by the federal government or any state
government that contains the photograph and signature of the acknowledging pers n)
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me th t he/she
executed that instrument for the purposes and consideratiioi therein expressed.``__
Given under my hand and seal of office this 9day of expressed.
2022.
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Services Agreement Page 3 108
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OWNER
V% 'V,
Lois Horton
STATE OF TEXAS §
COUNTY OF HARRIS/ §
Before me, ��/S � ,the undersigned notary public,on this day persor ally
appeared
�_ known to me
proved to me on the oath of_ or
proved to me through his/her current {descripti(n of
identification card or other document issued by the federal government or any late
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 fshe
executed that instrument for the purposes and considerate�theUWM12��' ,
pressed
Given under my hand and seal of office th�day of 2022.
G�%I RqM�¢zIG
'� o;�PRY pG�:9Fa Notary Pu lic,State of Texas
OF
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Services A reement,Page 4
fulmar
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, c IY1r.1_ �10Q[11�1�s.jL& the undersgnvd notary puNic an
this day, personally appeared LYNN MILLER WEISKITTEI, pr+ovad to me tfmio her
current Florida Driver's License to to the person whose name Is subscribW to tits
foregoing instrument, and acknowledged to me that she cvkorvutEd that Insftment feu ft
purpose and consideration therein expressed
Given under my hand and seal of office this 2191 day of Nov~- , 2M,
4, P„�,o�, ,a otory ublio, Stet® of Ftorirn
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0#1AM-Agraf voi, PRO*I
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Lau Reyes Barreto
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, ' G)CLM Won ViV-w�L , the undersigned notary public: on
this day, personally appeared LYNN MILLER WEISKITTEL, Attorney in Fact for LAURA
REYES BARRETO, proved to me through her current Florida Driver's License to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that she executed that instrument for the purpose and consideration therein expressed
Given under my hand and seal of office this 21st day of November, 2022
sm °"A°'M" ota Public, State of Florida
ti►Y Ctlinr�w4on HN 143456
4 �p FPS oertallo2s
Services Agreement, Page 6