No preview available
Ordinance No. 15,769 ORDINANCE NO. 15,769 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 STRATEGIC PARTNERSHIP AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 555; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS, Section 43.0751 of the Texas Local Government Code (the "Act") authorizes the City of Baytown and certain utility districts, including Harris County Municipal Utility District No. 555 (the "District"),to negotiate and enter into a Strategic Partnership Agreement("SPA") by mutual consent; and WHEREAS, the City Council passed Ordinance No. 14,652 authorizing a Development Agreement with Forestar Group, Inc. under which the District was to enter into a SPA with the City "by June 30, 2022"for the purpose of contracting for water supply and waste disposal services; and WHEREAS, the District and City did not, in fact, enter into a SPA by June 30,2022; and WHEREAS, the District now requests to enter into a SPA with the City; and WHEREAS, the proposed SPA is in substantial compliance with the Development Agreement, except that recital no. 4 addresses the failure of the parties to enter into the SPA"by June 30,2022;"and WHEREAS, as required by the Act, the City held public hearings on April 11, 2024 in City Council Chamber, City Hall, 2401 Market Street, Baytown, Texas 77520, and the District, prior to such dates, held public hearings at which members of the public were given the opportunity to present testimony or evidence regarding the proposed Agreement, and the City and the District made copies of the proposed Agreement available, and gave notice of the hearings prior to the public hearings in accordance with the Act; and WHEREAS, the SPA has been adopted by the District's governing body prior to the date of this ordinance; NOW THEREFORE, 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 to execute and the City Clerk to attest to the Strategic Partnership Agreement with Harris County Municipal Utility District No. 555. A copy of said agreement is attached hereto, marked Exhibit"A," and made a part hereof 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 I I"day of April,2024. DON CAPETILLO,flayor AT EST: Y T oA4V lv,� oaoacoar :tee o AN(jftACK ON, iLio erk/ o � APPROVED A T FO °���C)F'"� "�"� SCOTT L ND, City Attorney R:1ScottlOrdinances 24-04-11\Ordinance-MUD 555 SPA.doc EXHIBIT "A" STRATEGIC PARTNERSHIP AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This STRATEGIC PARTNERSHIP AGREEMENT (this "Agreement") is made and entered into, effective as of , by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation and home-rule city of the State of Texas (the "City"), and HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 555, a body politic and corporate and a governmental agency of the State of Texas, created by the 86th Texas Legislature and operating under and governed by the provisions of Chapter 8042, Texas Special District Local Laws Code and Chapters 49 and 54,Texas Water Code (the"District"). RECITALS 1. The District was created with the consent of the City for the purpose of providing water, sewer, drainage, recreational and road facilities to the land within its boundaries. The District is located within the extraterritorial jurisdiction ("ETJ") of the City, but is not within its corporate limits.The District contains approximately 118.84 acres,as more particularly described in Exhibit"A",which is attached hereto and incorporated herein for all intents and purposes(the "Property"). 2. The City has historically annexed land into its corporate limits before development of such land has proceeded. However, the City determined that the District can best proceed pursuant to a development agreement with Forestar (USA) Real Estate Group Inc., a Delaware corporation (the"Developer") and a strategic partnership agreement with the District. 3. To provide certainty and order with regard to the conduct of the development within the District(the"Development") and the roles of the City, the District and the Developer, the City and the Developer entered into that certain Development Agreement, dated February 2, 2021, (the "Development Agreement") to provide for certain terms in connection with the Development. In addition, the provisions of Texas Local Government Code, §43.0751 (Vernon Supp. 2000) (the"Act") state that the City and the District may enter into a strategic partnership agreement that provides for the terms and conditions under which services will be provided and funded by the City and the District. 4. The City and District acknowledge that Development Agreement contains a June 30, 2022, deadline for delivery of the approved and executed Agreement to the City. As no development has occurred to date within the District,and the Developer is still the sole owner of the Property,the City and District now desire to extend the deadline for delivery of the approved and executed Agreement to the City to June 30,2024. 5. The District would like to contract with the City to obtain, among other things, water supply and waste disposal services from the City, and the District will, once confirmed, enter into a utility agreement in substantially the form and content as that which is attached hereto and incorporated herein for all intents and purposes as Exhibit "B" with the City (the "Utility Agreement"). QBCL@A03DEAD3 6. The City and the District, after the provision of required notices, held public hearings in compliance with the Act. Based upon public input received at such hearings, the City and the District wish to enter into a strategic partnership agreement to provide the terms and conditions under which services will be provided by the City and the District and under which the District will continue to exist after the land in the District is annexed for limited purposes. NOW,THEREFORE,for and in consideration of the mutual agreements,covenants, and conditions contained herein,and other good and valuable consideration,the City and the District agree as follows: ARTICLE 1 DEFINITIONS 1.01 Definitions. The terms "Act," "City," "Developer," "Development," "Development Agreement," "District," "ETJ," and"Property" shall have the meanings provided for them in the Recitals,above.Except as may be otherwise defined,or the context clearly requires otherwise, capitalized terms and phrases used in this Agreement shall have the meanings as follows: Applicable Ordinances shall include those ordinances currently applicable to all or part of the area within the boundaries of the District as well as the following chapters, articles and/or sections of the Code of Ordinances, Baytown, Texas, along with all amendments thereto: • Chapter 18 "Building and Building Regulations," Article XII "Fencing" and Article XIV"Landscaping"; • Chapter 42"Health and Sanitation"; • Chapter 109"Engineering and Construction Standards"; • Chapter 112"Off-Street Parking"; • Chapter 114"Sewer and Water Line Extensions," Article IV"Impact Fees"; • Chapter 118 "Signs," and • Unified Land Development Code. City Council means the City Council of the City or any successor governing body. City Manager means the City Manager of the City or his or her designee. Consent Resolution means the resolution(s), including all attachments and exhibits passed by the City Council consenting to the creation of and inclusion of land into the District. Effective Date and similar references means the date first written above,which shall be the date City Manager executes this Agreement, after having been authorized to do so by the City Council. Party or Parties means a party or the parties to this Agreement,being the City and the District. @BCL@A03DEAD3 Sales and Use Tax means the sales and use tax authorized to be imposed within the corporate limits of the City lying within Harris County,Texas, including, but not limited to, the taxes authorized to be imposed by Chapters 321,323,327,and 351 of the Texas Tax Code,Chapters 344,363,and 377 of the Texas Local Government Code,and those imposed by any other district or entity which may be subsequently created by the City which imposes a sales and use tax within the corporate limits of the City lying within Harris County,Texas. 1.02 Findings and Conclusions. The City and the District hereby find and declare: a. The Act authorizes the City and the District to enter into this Agreement to define the terms and conditions under which services to the District will be provided and under which the District will continue to exist after the Property is annexed for limited purposes pursuant to this Agreement; b. This Agreement does not require the District to provide revenue to the City solely for the purpose of an agreement with the City to forgo annexation of the District; c. This Agreement provides benefits to the City and the District, including revenue, services, and/or regulations which are reasonable and equitable with regard to the benefits provided to the other Party; d. All the terms and conditions contained in this Agreement are lawful and appropriate to provide for the provision of municipal services and annexation;and e. The City and the District negotiated this Agreement by mutual consent;the terms and conditions of the Agreement are not a result of the City's Annexation Plan or any arbitration between the City and the District. ARTICLE 2 LIMITED-PURPOSE ANNEXATION 2.01 Generally.As soon as practicable following the approval of this Agreement by City Council, as authorized by the Act, the City shall annex the Property for the limited purposes of applying the Applicable Ordinances within the Property. The District hereby consents to such annexation for limited purposes regardless of whether the Property is contiguous or noncontiguous to the corporate boundaries of the City. The Applicable Ordinances will be applicable to and enforceable in the Property upon the date of limited-purpose annexation. 2.02 Property Taxes and District Liability for Debts of the City,. During the term of this Agreement, except if annexed for full purposes pursuant to this Agreement, ad valorem taxes levied by the City will not be levied on taxable property within the District. 2.03 Municipal Court's Jurisdiction. Upon the limited purpose annexation of the Property, the City's municipal court shall have jurisdiction to adjudicate cases filed under the Applicable Ordinances arising from actions occurring within the Property. 2.04 Powers and Functions Retained by the District. Except as limited by the Consent Resolution, the District is authorized to exercise all powers and functions of a municipal utility district provided by existing law or any amendments or additions thereto. The District's assets, @BCL@A03DEAD3 liabilities, indebtedness, and obligations will remain the responsibility of the District during the period preceding any full-purpose annexation. Disposition or acquisition of additional assets, liabilities,indebtedness and obligations will be governed by the Consent Resolution. ARTICLE 3 MUNICIPAL SERVICES WITHIN THE DISTRICT 3.01 Enforcement of Applicable Ordinances.The City shall apply and enforce the City's Applicable Ordinances within the Property. 3.02 No Further Services. The Parties expressly understand and agree that during the term of this Agreement, the City will only provide those services necessary to apply and enforce the City's Applicable Ordinances within the District in accordance with Section 3.01. The City shall have no obligation to provide or extend any City municipal services not expressly agreed to herein or otherwise agreed in writing in another agreement. ARTICLE 4 SALES AND USE TAX AGREEMENT 4.01 Imposition of the Sales and Use Tax. The City and all special districts or entities created or hereinafter created by the City having within its boundaries the corporate limits of the City lying within Harris County shall impose a Sales and Use Tax within the Property upon the limited-purpose annexation of the Property and upon the imposition of any Sales and Use Tax hereinafter adopted. The Sales and Use Tax shall be imposed on the receipts from the sale and use at retail of taxable items at the same rate as such tax is imposed on the receipts from the sale and use at retail of taxable items within the corporate limits of the City lying within Harris County.The Sales and Use Tax shall take effect on the date described in Texas Tax Code§321.102 or such other applicable law. 4.02 Notification of Comptroller.The City shall send notice of this Agreement and the limited-purpose annexation of the District to the Texas Comptroller of Public Accounts within fifteen (15) days of the Effective Date in the manner provided by Texas Tax Code §321.102. The City shall send to the District a copy of any notice from the Texas Comptroller of Public Accounts delaying the effectiveness of the Sales and Use Tax in the Property. 4.03 City Audit Rights. The District is required by Subchapter G, Chapter 49, Texas Water Code, to prepare an annual audit within one hundred twenty (120) days after the close of the District's fiscal year. The District shall provide a copy of its annual audit to the City within thirty (30) days after such audit is completed. ARTICLE 5 FULL-PURPOSE ANNEXATION 5.01 No Full-Purpose Annexation During Term of Agreement. The City agrees that it will not annex all or part of the District or commence any action to annex all or part of the District for full purposes during the term of this Agreement, except by mutual agreement of the Parties or in accordance with Section 5.02. 5.02 Full-Purpose Annexation at Termination of Agreement. Upon termination of this Agreement for cause or on or before the third month prior to the expiration of the term or any ©BCLQA03DEAD3 extended term hereof, the City Manager shall evaluate and make a recommendation to the City Council regarding whether the City should: a. negotiate a new strategic partnership agreement with the District; b. annex the land within the District for full purposes upon the termination of this Agreement and dissolve the District; C. annex the land within the District for full purposes upon the termination of this Agreement and allow the District to remain in place as an in-city municipal utility district for the sole purpose of owning and maintaining the District's Detention Facilities (as hereinafter defined), in accordance with Section 43.0751,Texas Local Government Code; or d. allow this Agreement to expire. If the City Council desires to annex all of the land in the District within the District for full purposes, the District agrees that such annexation will be considered a voluntary annexation, wherein the District and all of the landowners therein at the time of the annexation shall be deemed to have requested the City to annex their properties. Additionally, any land previously annexed for limited purposes shall automatically be converted and deemed to be annexed for full purposes on the date that the City Council decides to include such property in its incorporated limits.For property not previously annexed by the City for limited purposes,the City shall begin proceedings for such property as applicable. If the City Council does not desire to negotiate a new strategic partnership agreement with the District or annex for full purposes any portion of the District that was previously annexed for limited purposes,the City may begin proceedings to disannex the Property for limited purposes if necessary under the applicable provision of the Texas Local Government Code. If the City decides to annex or disannex the Property, the City may institute any required proceedings to accomplish such annexation or disannexation to be effective upon the termination of this Agreement. ARTICLE 6 SERVICES PROVIDED BY THE DISTRICT 6.01 Water and Wastewater Facilities. The District will develop, own, operate and maintain water and wastewater systems in the District and the Property. The City shall provide water capacities for the Development pursuant to the terms of the Utility Agreement. The City may periodically inspect the District's water and wastewater facilities. 6.02 Stormwater Facilities. The District will develop, own, operate and maintain a drainage system in the District and the Property. The drainage facilities that will be constructed to serve the District will include wet and/or dry detention basins,open channels,pump stations, outfall structures, and other control structures or appurtenances related thereto (the "District's Detention Facilities"). The District will own and maintain the District's Detention Facilities until the dissolution of the District. If the City annexes the District, the City, in its sole discretion,may allow the District to remain as an in-city municipal utility district for the sole purpose of owning and maintaining the District's Detention Facilities or may require that the District's Detention Facilities be conveyed to a homeowners' association or other association that exists in perpetuity prior to annexation by the City for ownership and maintenance of the District's Detention Facilities. The City will have no responsibilities with respect thereto. The City may periodically inspect the District's drainage facilities. @BCL@A03DEAD3 ARTICLE 7 DEFAULT,NOTICE AND REMEDIES 7.01 Notice of District's Default. a. The City shall notify the District in writing of an alleged failure by the District to comply with a provision of this Agreement, describing the alleged failure with reasonable particularity. The District shall, within thirty (30) days after receipt of the notice or a longer period of time as the City may specify in the notice, either cure the alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of the alleged failure or state that the alleged failure will be cured and set forth the method and time schedule for accomplishing the cure. b. The City shall determine (i) whether a failure to comply with a provision has occurred;(ii)whether the failure is excusable;and(iii)whether the failure has been cured or will be cured by the District.The District shall make available to the City, if requested, any records, documents or other information necessary to make the determination. C. If the City determines that the failure has not occurred, or that the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that the failure is excusable, the determination shall conclude the investigation. d. If the City determines that a failure to comply with a provision has occurred and that the failure is not excusable and has not been or will not be cured by the District in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City may exercise the applicable remedy under Section 7.03. 7.02 Notice of City's Default. a. The District shall notify the City Manager in writing specifying any alleged failure by the City to comply with a provision of this Agreement, describing the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of the notice or the longer period of time as the District may specify in the notice,either cure the alleged failure or,in a written response to the District,either present facts and arguments in refutation or excuse of the alleged failure or state that the alleged failure will be cured and set forth the method and time schedule for accomplishing the cure. b. The District shall determine (i) whether a failure to comply with a provision has occurred;(ii)whether the failure is excusable;and(iii)whether the failure has been cured or will be cured by the City. The City shall make available to the District, if requested, any records, documents or other information necessary to make the determination. C. If the District determines that the failure has not occurred,or that the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the District, or that the failure is excusable, the determination shall conclude the investigation. QBCLQA03DEAD3 d. If the District determines that a failure to comply with a provision has occurred and that the failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may exercise the applicable remedy under Section 7.03. 7.03 Remedies. In the event it is determined that a default has occurred under Section 7.01(d) or Section 7.02(d), the remedies of the non-defaulting Party shall be limited to either or both of the following: a. If the City determines that the District has committed a breach of this Agreement, the City may, and the District explicitly recognizes the City's right to, terminate service under this Agreement and to seek all remedies at law or in equity necessary to enforce the provision(s) violated.Termination of service pursuant to this article shall not limit the City's remedies at law or in equity,including termination of this Agreement or the Development Agreement and annexation of the Property for full purposes. b. The non-defaulting party may pursue injunctive relief specifying the actions to be taken by the defaulting Party to cure the default or otherwise comply with its obligations hereunder. Injunctive relief shall be directed solely to the default and shall not address or include any activity or actions not directly related to the default. If the District determines that the City has committed a breach of this Agreement,the District may file suit in a court of competent jurisdiction in Harris County,Texas,and seek any relief available at law or in equity,including,but not limited to, an action under the Uniform Declaratory Judgment Act in addition to the monetary awards as may be appropriate. ARTICLE 8 MISCELLANEOUS 8.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the Parties, their successors and assigns, as well as the special districts created by the City and imposing a Sales and Use Tax within that portion of the City lying within Harris County. The District shall record this Agreement with the County Clerk in the Official Records of Harris County,and shall bind and benefit each owner and each future owner of land included within the District's boundaries in accordance with Texas Local Gov't Code, §43.0751(c). 8.02 Term. This Agreement shall commence and bind the Parties on the Effective Date and shall remain in effect for an initial term of thirty (30) years unless earlier terminated. This Agreement shall be automatically extended for additional five (5) year terms unless either party gives written notice of termination three (3) months prior to the date of any such automatic extension. However,both parties expressly understand and agree that should any portion of the property involved in this Agreement become annexed by the City for full purposes, this Agreement may terminate with respect to such area at the sole option of the City. 8.03 Restrictions on Tax Rate. Except as prohibited by law, the District shall maintain a minimum tax rate (debt service tax plus operation and maintenance tax) such that the District's tax is greater than the City's tax rate (currently $0.7955 per$100 of valuation). Should the value within the District increase such that the combined tax rate could be lowered, the District will @BCL@A03DEAD3 accelerate the bond redemption rate. The City and the District agree that the tax burden on the property owners within the District will decrease upon the City's annexation. The Parties agree that should the City Council elect for the District to continue after full-purpose annexation, the District's operation and maintenance tax may continue to be assessed for the operation and maintenance of the District's Detention Facilities; provided that the tax burden on the residents within the District will decrease upon annexation. 8.04 Force Majeure. In the event any party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, it is agreed that on such party's giving notice and full particulars of such force majeure in writing or by telegraph to the other party as soon as possible after the occurrence of the cause relied upon, then the obligations of the party giving such notice, to the extent it is affected by force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability but for no longer period. Such cause shall as far as possible be remedied with all reasonable dispatch.The term"force majeure"as used herein, shall include,but not be limited to acts of God, strikes,lockouts or other industrial disturbances, acts of the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of governments and people, explosions, breakage or damage to machines or pipelines and any other inabilities of either party, whether similar to those enumerated or otherwise and not within the control of the parties claiming such inability,which by the exercise of due diligence and care such party could not have avoided. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulties, and the above-referenced requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. 8.05 Notice. Any notices or other communications (a"Notice')required to be given by one Party to another by this Agreement shall be given in writing addressed to the Party to be notified at the address set forth below for such Party, (i) by delivering the same in person, (ii) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified, (iii) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing "next day delivery," addressed to the Party to be notified,or(iv)by sending the same by telefax with confirming copy sent by mail. Notice shall be deemed effective when received by the Party to be notified. For the purposes of notice, the addresses of the Parties, until changed as provided below, shall be as follows: City: City of Baytown Attn: City Manager 2401 Market Street Baytown,Texas 77520 Fax: (281)420-6586 District: Harris County Municipal Utility District No. 555 Attn: Heather Kelly Trachtenberg Allen Boone Humphries Robinson LLP Phoenix Tower QBCLQA03DEAD3 3200 Southwest Freeway,Suite 2600 Houston,TX 77027 Fax: (713) 860-6401 The Parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by giving at least five days'written notice to the other Parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday,Sunday or legal holiday. 8.06 Time. Time is of the essence in all things pertaining to the performance of this Agreement. 8.07 Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, then such determination shall not affect any other term of this Agreement,which shall continue in full force and effect. 8.08 Waiver.Any failure by a Party hereto to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such Party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. 8.09 Applicable Law and Venue.The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to conflicts of law principles.Venue shall be in Harris County,Texas. 8.10 Reservation of Rights. To the extent not inconsistent with this Agreement, each Party reserves all rights,privileges, and immunities under applicable laws. 8.11 Further Documents. The Parties agree that at any time after execution of this Agreement,they will,upon request of another Party,execute and deliver such further documents and do such further acts and things as the other Party may reasonably request in order to carry out the terms of this Agreement. 8.12 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. 8.13 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement,the District shall comply with all applicable laws,rules,and regulations of the United States and the State of Texas,Harris County and the City as such laws,rules and regulations now exist or as may be hereinafter amended. 8.14 Entire Agreement. This Agreement, including the exhibits hereto,contains all the agreements between the parties hereto with respect to the strategic partnership and may not be modified orally or in any other manner other than by an agreement in writing, signed by all the parties hereto or their respective successors in interest. OBCLQA03DEAD3 8.15 Headings.The headings as to contents or particular articles or sections herein are inserted only for convenience,and they are in no way to be construed as a part of this Agreement or as a limitation on the scope of the particular sections to which they refer. 8.16 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 not author the same. 8.17 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 8.18 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. 8.19 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the City Charter and City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the Board of Directors of the District. (Remainder of page intentionally left blank.) @BCL@A03DEAD3 IN WITNESS WHEREOF,the undersigned Parties have executed this Agreement effective as of the date first written above. CITY OF BAYTOWN,TEXAS By: NAME,City Manager ATTEST By: Name, City Clerk (SEAL) THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this _ day of 2024, by the City Manager of the City of Baytown,Texas, on behalf of said City. (SEAL) Notary Public in and for the State of Texas @BCL@A03DEAD3 HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.555 By: President, Board of Directors THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on this _ day of 2024, by President of the Board of Directors of Harris County Municipal Utility District No. 555,on behalf of said District. (SEAL) Notary Public in and for the State of Texas QBCLQA03DEAD3 EXHIBIT A Description of the District Property @BCL@A03DEAD3 EXHIBIT B Utility Agreement QBCL@A03DEAD3