Loading...
Ordinance No. 15,613 (second reading) ORDINANCE NO. 15,613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY A 54.589 ACRE. TRACT OF LAND OUT OF RESTRICTED RESERVE"A"BLK 1 OF THE REPLAT OF RESTRICTED RESERVE"A"OF CEDAR CROSSING PHASE II SUBDIVISION,RECORDED AT CLERK'S FILE NO. 54106 OF THE CHAMBERS COUNTY MAP RECORDS (C.C.M.M.R), HEREIN DESCRIBED TRACT BEING OUT OF THE RESIDUE OF THAT CALLED 102.12 ACRE TRACT, SAVE AND EXCEPT A 14.229 ACRE TRACT CONVEYED TO CEDAR CROSSING, LP & CHARLES S. IUPE, JR. BY GENERAL WARRANTY DEED RECORDED UNDER OFFICIAL PUBLIC RECORDS CHAMBERS COUNTY TX (O/P.R.C.C.T.) VOLUME 08-1083, PAGE 204, DATED OCTOBER 20, 2009, SUBJECT TRACT BEING SITUATED IN THE JOHN STEELE SURVEY, ABSTRACT NO. 227, CHAMBERS COUNTY, TX, AND ALL PROPERTY SITUATED IN INDUSTRIAL DISTRICT NO. 3. WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City Council of the City of Baytown,Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 2 of this ordinance, were held during the City Council meetings on the 26"' day of October, 2023, in the City Council Chamber of City Hall of the City of Baytown,Texas; and WHEREAS, notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below-described territories on October 13, 2023; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's website on the 13"day of October,2023; and WHEREAS,each notice posted on the City of Baytown's notice board and website remained posted until the date of the hearing referenced in the notice; and WHEREAS,the below-described property lies within the extraterritorial jurisdiction of the City of Baytown,Texas; and WHEREAS, the below-described property lies within Industrial District No. 3 of the City of Baytown,Texas; and WHEREAS, Section 42.044 of the Texas Local Government Code provides that the City of Baytown may make written contracts with owners of land in industrial districts to guarantee the continuation of the extraterritorial status of the district and its immunity from annexation by the municipality for a period not to exceed 15 years; and WHEREAS,the City of Baytown and the then-owner of the below-described property entered into an Industrial District Agreement on March 30, 2016; and WHEREAS,the Industrial District Agreement provides that"[t]he term of this Agreement is seven tax years, from 2016 through 2022;"and WHEREAS, the current owner of the below-described property does not wish to enter into a new Industrial District Agreement; and WHEREAS, the City Council of the City of Baytown finds that discontinuing the extraterritorial status of the below-described property within Industrial District No. 3 and its immunity from annexation is in the public interest;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings by the City Council of the City of Baytown, Texas. Section 2: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to-wit: Approximately a 54.589 acre tract of land out of Restricted Reserve "A" Blk 1 of the Replat of Restricted Reserve "A" of Cedar Crossing Phase it Subdivision, recorded at Clerk's File No. 54106 of the Chambers County Map Records (C.C.M.M.R), herein described tract being out of the residue of that called 102.12 acre tract, save and except a 14.229 acre tract conveyed to Cedar Crossing, LP & Charles S. lupe, Jr. by General Warranty Deed recorded under Official Public Records Chambers County TX (O P.R.C.C.T.) Volume 08-1083, Page 204, dated October 20, 2009, subject tract being situated in the John Steele Survey, Abstract No. 227, Chambers County, TX, and all property situated in Industrial District No. 3 Section 3: The above-described territories and the areas so annexed shall be a part of the City of Baytown, Texas,and the property so added hereby shall bear its pro rata share of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 4: In accordance with Texas Local Government Code Annotated§ 43.056,as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is attached hereto as Exhibit "A," and is incorporated herein by this reference for all intents and purposes. Section 5: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. 2 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 201h day of November,2023. DON CAPE ILLO, Mayo A ST: I . 1 f f ANGELA J KSO. City irk:. PPRQVED AS T F M: SCOTT LEM N ,City Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 114•� 6y ND CAPETILLO, WYOR AT •ST: ANGELA JA SON, City Clerk F PPROVED S O FORM: SCOTT LE ND,City Attorney RkScott Ordinances I I-20-2RAnncxanonof54.589Acres doer 3 Exhibt "A" • City of Baytown Municipal Annexation BAYTOWN Service Plan Summary Services to be provided. 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 City with topography, land use, and population density similar to those reasonable contemplated or projected on the subject property as of annexation: 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 environment health, neighborhood protection, storm water, and animal control to the Property. d. Planning and Development. The City through its Planning and Development Services Department, will provide development and building services to the Property, including code enforcement services. e. Utility. The City through, its Public Works, Engineering and Finance Departments, will provide water, sewer, storm sewer, and garbage services to the area. f. Miscellaneous: All other applicable municipal services will be provided to the area in accordance with the City of Baytown's policies governing extension of municipal services to newly annexed areas. l