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HomeMy WebLinkAboutOrdinance No. 16,513 (Item 6.c.) ORDINANCE NO. 16,513 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE STRATEGIC PARTNERSHIP AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213- A; 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 to execute and the City Clerk to attest to the First Amendment to the Strategic Partnership Agreement with Harris County Municipal Utility District No. 213-A. A copy of said amendment is attached hereto as 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 9th day of July, 2026. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2026-07-09\Ord-Authorizing First Amendment to SPA with MUD 213-A.kh docx EXHIBIT "A" FIRST AMENDMENT TO STRATEGIC PARTNERSHIP AGREEMENT This FIRST AMENDMENT TO STRATEGIC PARTNERSHIP AGREEMENT (this "First Amendment") is entered into effective this day of , 2026 (the "Effective Date"), 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. 213-A, a conservation and reclamation district created pursuant to Section 59 of Article XVI of the Texas Constitution and operating pursuant to Chapters 49 and 54 of the Texas Water Code, as amended (the "District"). The City and the District may be referred to herein collectively as the "Parties". RECITALS WHEREAS, pursuant to City Ordinance No. 13,993, the City and the District entered into that certain Strategic Partnership Agreement entered into effective as of January 24, 2019 (the "Original Agreement'); WHEREAS, the District annexed 378.34 acres of land by that certain Order Adding Land and Redefining Boundaries dated January 25, 2023; WHEREAS, the City and the District desire to amend the Original Agreement to revise the definition of"Property" to all land currently located within the boundaries of the District and any land that may hereafter be annexed into the District; and NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the City and the District agree as follows: AGREEMENT The Original Agreement is hereby amended as follows: 1. Definition of the "Pronerty". Paragraph 1 of the Recitals is hereby amended, restated, and replaced, in its entirety, by the following: The District was created with the consent of the City for the purpose of providing water, sewer, transportation, recreation, and drainage 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 is part of a zoned community of approximately 964.066 acres, as more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all purposes (the "Property"), together with any additional land that may be hereafter annexed into the District. 2. Exhibit A Replaced. Exhibit "A" of the Original Agreement is hereby deleted and replaced with Exhibit "A" of this First Amendment, which depicts the current boundaries of the District as of the Effective Date of this First Amendment. 0 15633.00000 1\4870-7525-2752 3. Applicability to Future Annexed Property. The terms and conditions of the Original Agreement, as amended hereby, shall apply to the Property, which shall include the additional land of 378.34 acres and any land the District may annex in the future. Any such land shall automatically be deemed included within the definition of"Property" for all purposes under the Original Agreement upon the effective date of such annexation, without further amendment of the Original Agreement. 4. Construction. In the event of any inconsistency between any term or provision of the Original Agreement and any term or provision of this First Amendment, the terms and provisions of this First Amendment shall govern and control for all purposes and respects and the Original Agreement shall be deemed amended to be consistent herewith. 5. Defined Terms. Defined terms contained herein shall have the meaning in the Original Agreement unless otherwise specifically provided herein. 6. Full. Force and Effect of the Original Agreement. Except as expressly amended and modified by this First Amendment, the Original Agreement shall remain in full force and effect. [SIGNATURE PAGES TO FOLLOW] 0 1 5633.000001\4870-7525-2752 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment in multiple copies, each of equal dignity, as of the Effective Date. HARRIS COUNTY MUNICIPAL UTILITLY DISTRICT NO. 213-A By: Name: Title: (ATTEST) By: Name: Title: (SEAL) [SIGNATURE PAGE CONTINUES] 015633.000001\4870-7525-2752 CITY OF BAYTOWN By: Name: Title: ATTEST: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: 0 15633.00000 1\4870-7525-2752 EXHIBIT "A" Harris County MUD 213-A Talcott Patching Survey,A-620 964.066 Acres George Ellis Survey, A-21 STATE OF TEXAS§ COUNTY OF HARRIS § A METES & BOUNDS description of a certain 964.066 acres of land situated in the Talcott Patching Survey, Abstract No. 620 and the George Ellis Survey, Abstract No. 21, in Harris County, Texas, including all of the called 571.898 and 13.860 acres described in House Bill 3925 as Harris County MUD 213-A and filled under County Document Number 83R 8247 RWG-F; said 964.066 acres being more particularly described in three tracts as follows with all bearings being based on the Texas Coordinate System,South Central Zone, NAD 83; TRACT 1 585.758 ACRES BEGINNING at the northwest corner of said 571.898 acres, being located in the easterly right-of-way line of Haney Road (a 70 foot right-of-way); THENCE, North 77 Degrees 35 Minutes 59 Seconds East, with the northerly line of said 571.898 acres, a distance of 4420.01 feet to a point in the westerly right-of-way line of Garth Road (right-of-way varies) and being the northeast corner of said 571.898 acres; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with the easterly line of said 571.898 acres, common with said westerly right-of-way line,a distance of 4640.76 feet to a point for corner; THENCE, South 79 Degrees 05 Minutes 54 Seconds West, departing said common line, a distance of 1002.24 feet to a point for corner; THENCE,South 00 Degrees 47 Minutes 54 Seconds West,a distance of 700.00 feet to a point for corner; THENCE, South 89 Degrees 12 Minutes 07 Seconds East, a distance of 1168.47 feet to a point in the westerly line of said 571.898 acres; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said westerly line, a distance of 2043 92 feet to the southeast corner of said 571.898 acres; THENCE, South 76 Degrees 45 Minutes 18 Seconds West, with the southerly line of said 571.898 acres, a distance of 797.79 feet to a point for corner; THENCE, North 10 Degrees 41 Minutes 11 Seconds West, departing said southerly line, a distance of 18.57 feet to a point in the northerly right-of-way line of Wallisville Road(right-of-way varies); THENCE, North 77 Degrees 08 Minutes 13 Seconds East, with said northerly right-of-way line, a distance of 772.43 feet to a point for corner; THENCE, North 33 Degrees 09 Minutes 33 Seconds East, a distance of 21.59 feet to a point in the westerly right-of-way line of said Garth Road; Page 1 of 4 K:\05687\05687-0009-00 FDC-519 Acre Baytown Tract\1 Surveying Phase\Documents Created\HCMUD 213-A MB R4 doc Harris County MUD 213-A Talcott Patching Survey, A-620 964.066 Acres George Ellis Survey, A-21 THENCE, North 10 Degrees 54 Minutes 06 Seconds West, with said westerly right-of-way line, a distance of 1870.53 feet to a point for corner; THENCE,South 82 Degrees 25 Minutes 21 Seconds West,departing said westerly right-of-way line, a distance of 32.30 feet to a point for corner; THENCE, North 89 Degrees 11 Minutes 45 Seconds West,a distance of 2147.85 feet to a point for corner; THENCE,South 76 Degrees 25 Minutes 12 Seconds West,a distance of 505.26 feet to a point for corner,- THENCE,South 63 Degrees 02 Minutes 54 Seconds West,a distance of 27.05 feet to a point for corner; THENCE, South 26 Degrees 57 Minutes 06 Seconds East, a distance of 2483.11 feet to a point in the northerly right-of-way line of said Wallisville Road; THENCE, South 86 Degrees 59 Minutes 24 Seconds West, with said northerly right-of-way line, a distance of 2070.93 feet to a point in the easterly right-of-way line of said Haney Road; THENCE, North 12 Degrees 55 Minute3 36 Seconds West, with said easterly right-of-way line, a distance of 6843.50 feet to the beginning of a cure to the left; THENCE, with said easterly right-of-way line and curve turning to the left, having a radius of 919.82 feet, a chord bearing of North 27 Degrees 42 Minutes 24 Seconds West, a chord length of 469.30 feet and an arc length of 474.55 feet to the POINT OF BEGINNING OF TRACT 1,CONTAINING 585.758 acres of land. TRACT 2 299.356 ACRES COMMENCING at the northwest corner of said 571.898 acres, being located in the easterly right-of-way line of Haney Road (a 70 foot right-of-way); THENCE, North 77 Degrees 35 Minutes 59 Seconds East, with the northerly line of said 571.898 acres, a distance of 4420.01 feet to a point in the westerly right-of-way line of Garth Road (right-of-way varies) and being the northeast corner of said 571.898 acres; THENCE,South 10 Degrees 54 Minutes 06 Seconds East, with the easterly line of said 571.898 acres, common with said westerly right-of-way line,a distance of 3114.29 feet; THENCE, North 77 Degrees 49 Minutes 33 Seconds East,over and across said right-of-way, a distance of 80.02 feet to a point in the easterly right-of-way line of said Garth Road and being the POINT OF BEGINNING of the herein described Tract 2; THENCE, North 77 Degrees 49 Minutes 33 Seconds East,a distance of 2370.00 feet to a point for corner, THENCE, North 12 Degrees 22 Minutes 14 Seconds West,a distance of 792 60 feet to a point for corner; Page 2 of 4 K:\05687\05687-0009-00=DC-519 Acre Baytown Tract\1 Surveying Phase\Documents Created\HCMUD 213-A MB Ra.doc 015633.000001\4870-7525-2752 Harris County MUD 213-A Talcott Patching Survey, A- 620 964.066 Acres George Ellis Survey, A-21 THENCE, North 77 Degrees 47 Minutes 24 Seconds East,a distance of 1206.67 feet to a point for corner; THENCE, North 77 Degrees 48 Minutes 25 Seconds East, a distance of 1403.17 feet to a point in the westerly right-of-way line of North Main Street(a 60-foot right-of-way),- THENCE,South 12 Degrees 30 Minutes 22 Seconds East,with said right-of-way line, a distance of 3299.10 feet to a point for corner; THENCE,South 77 Degrees 56 Minutes 08 Seconds West,a distance of 1351.57 feet to a point for corner; THENCE, South 77 Degrees 49 Minutes 42 Seconds West,a distance of 1263.83 feet to a point for corner; THENCE, North 12 Degrees 26 Minutes 10 Seconds West,a distance of 654.32 feet to a point for corner; THENCE, South 77 Degrees 48 Minutes 55 Seconds West, a distance of 2418.91 feet to a point in the easterly right-of-way line of said Garth Road; THENCE, North 10 Degrees 54 Minutes 06 Seconds West, with said right-of-way line, a distance of 1849.17 feet to the POINT OF BEGINNING OF TRACT 2,CONTAINING 299.356 acres of land. TRACT 3 78.952 ACRES COMMENCING at the northwest corner of said 571.898 acres, being located in the easterly right-of-way line of Haney Road (a 70 foot right-of-way); THENCE, North 77 Degrees 35 Minutes 59 Seconds East, with the northerly line of said 571.898 acres, a distance of 4420.01 feet to a point in the westerly right-of-way line of Garth Road (right-of-way varies) and being the northeast corner of said 571,898 acres; THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with the easterly line of said 571.898 acres, common with said westerly right-of-way line, a distance of 3114.29 feet; THENCE, North 77 Degrees 49 Minutes 33 Seconds East,over and across said right-of-way, a distance of 80.02 feet to a point in the easterly right-of-way line of said Garth Road; THENCE, North 77 Degrees 49 Minutes 33 Seconds East,a distance of 2370.00 feet; THENCE, North 12 Degrees 22 Minutes 14 Seconds West, a distance of 792.60 feet; THENCE, North 77 Degrees 47 Minutes 24 Seconds East,a distance of 1206.67 feet, THENCE, North 77 Degrees 48 Minutes 25 Seconds East, a distance of 1403.17 feet to a point in the westerly right-of-way line of North Main Street(a 60-foot right-of-way); Page 3 of 4 K:\05687\05687-0009-00 FDC-519 Acre Baytown Tract\1 surveying Phase\Documents Created\HCMUD 213-A MB R4.doc Harris County MUD 213-A Talcott Patching Survey, A-620 964.066 Acres George Ellis Survey,A-21 THENCE, South 12 Degrees 30 Minutes 22 Seconds East, with said right-of-way line, a distance of 1581.61 feet; THENCE, North 77 Degrees 46 Minutes 43 Seconds East, over and across said right-of-way, a distance of 60 feet to a point in the easterly right-of-way line of said North Main Street and being the POINT OF BEGINNING of the herein described Tract 3; THENCE,North 77 Degrees 46 Minutes 43 Seconds East,a distance of 2623.57 feet to a; THENCE, North 12 Degrees 30 Minutes 09 Seconds West,a distance of 270.49 feet to a; THENCE, North 77 Degrees 59 Minutes 28 Seconds East, a distance of 2618.71 feet to a point in the westerly right-of-way line of Hadden Road (a 60-foot right-of-way); THENCE,South 12 Degrees 28 Minutes 09 Seconds East, with said right-of-way line, a distance of 784.17 feet to a; THENCE,South 77 Degrees 46 Minutes 43 Seconds West, a distance of 5241.73 feet to a point in the easterly right-of-way line of said North Main Street. THENCE, North 12 Degrees 30 Minutes 22 Seconds West,with said right-of-way line, a distance of 523.40 feet to the POINT OF BEGINNING OF TRACT 3,CONTAINING 78.952 acres of land and together with Tracts 2 and 3 described above, containing an overall total of 964.066 acres in Harris County, Texas, as shown on Drawing No. 11216F R4 in the office of Quiddity in Bellaire,Texas. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the political subdivision for which it was prepared. Acting By/Through Jeromy Alvin Chandler Registered Professional Land Surveyor T fR� 9 No. 5755 JChandler@QUIDDITY.com JEF40W ALVIN CHANIX0 ..�,... ........ ..... ., Quiddity 4 5755 �!•rr 6330 West Loop South, Suite 150 Bellaire,Texas77401 SUAVE. (713)777-5337 Texas Board of Professional Land Surveying Registration No. 1004610 Page 4of4 K.\05687\05687-0009-00 FDC-519 Acre Baytown Tract\1 Surveying Phase\Documents Created\HCMUD 213-A MB R4.doc 015633.000001\4870-7525-2752