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Ordinance No. 13,063ORDINANCE NO. 13, 063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 1.5 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF EAST FREEWAY (I -10) FRONTAGE ROAD AND SJOLANDER ROAD, PART OF AND OUT OF ASHBEL SMITH SURVEY, ABSTRACT NO. 954, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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 1 of this ordinance, were held, during the City Council meeting on the 16'h day of November, 2015, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which date is not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; 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 the 30`x' day of October, 2015, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice board and website on the 290' day of October, 2015, which date is not more than twenty (20) nor less than ten (10) days prior to the date of the public hearings; 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 total corporate area of the City of Baytown, Texas, on the 1" day of January, 2015, was 39.92 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 74,487 inhabitants; and WHEREAS, the below- described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; 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: SEE EXHIBIT "A" 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 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 `B," and is incorporated herein by this reference for all intents and purposes. Section 5: This ordinance shall be published and passed t e manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmati7111 e of the City Council of the City of Baytown this the 10th day of December, 2015. A &ATT:H, City erk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City torney INTRODUCED, READ and PASSED on the day of January, 2016. A LA LVETYCIA BRYSCA, City erk APPROVED AS TO FORM: NACIO RAMIREZ, SR., it Attorney -H-DONCARLOS, Mayor 'N a u a Y O d �pWN, T O V ca 3 k NN STATE O� R:\ Kareiffiles` •.CityCouncil',Ordinances\2015-December 10V1nnexationofl.5Acres.doc 2 stn Exhibit "A" LEGAL DESCRIPTION 1.492 ACRES A TRACT OR PARCEL CONTAINING 1.492 ACRES (65,000 SQUARE FEET) OF LAND SITUATED IN THE ASHBEL SMITH SURVEY, ABSTRACT 954, HARRIS COUNTY, TEXAS, BEING OUT OF AND PART OF A 60.200 ACRE TRACT CONVEYED FROM SAMUEL VALLAGOMESA AND WIFE ELIZABETH VALLAGOMESA TO 1 -10 SJOLANDER, LLC., IN HARRIS COUNTY CLERKS FILE NO. 20080139281, SAID 1.492 ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. THE BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF INTERSTATE 10 FRONTAGE ROAD (RIGHT OF WAY WIDTH VARIES) AND THE WEST RIGHT OF WAY LINE OF SJOLANDER ROAD (RIGHT OF WAY WIDTH VARIES) FOR THE NORTHEAST CORNER OF SAID 60.200 ACRE TRACT, BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 16 DEGREES 47 MINUTES 18 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID SJOLANDER ROAD AND THE EAST LINE OF SAID 60.200 ACRE TRACT, A DISTANCE OF 232.98 FEET TO A 5/8 IN CAPPED IRON ROD SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 78 DEGREES 04 MINUTES 42 SECONDS WEST, ACROSS SAID 60.200 ACRE TRACT, A DISTANCE OF 280.00 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR SOUTHWEST CORNER OF THE HEREIN TRACT; THENCE NORTH 16 DEGREES 47 MINUTES 18 SECONDS WEST, ACROSS SAID 60.200 ACRE TRACT, A DISTANCE OF 232.98 FEET TO A 5/8 INCH CAPPED IRON SET IN THE SOUTH LINE OF SAID INTERSTATE 10 FRONTAGE ROAD FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 78 DEGREES 04 MINUTES 42 SECONDS EAST, ALONG THE SOUTH LINE OF INTERSTATE 10 FRONTAGE ROAD A DISTANCE OF 280.00 FEET TO THE POINT OF BEGINNING CONTAINING 1.492 ACRES OF LAND, MORE OR LESS. ,a BAYTOWN S Exhibit "B" October 15, 2015 SERVICE PLAN SUMMARY Proposed annexation: Annexation of approximately 1.49 acres of land, see attached map, located at the southwest intersection of East Freeway (IH 10) Frontage Road and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County, Texas. Existing Land Use: Vacant Fire Department: The subject properties of the proposed annexation will be assigned to Fire Station 1. With current resources the service delivery performance measures are: a. First Due: Response Time for receipt of call for services until arrival of the 1st due company is estimated to 10 minutes and 48 seconds (4.4 mile). Response Time of less than 6 minutes is required to confine the fire to the room of origin to increase the probability of accomplishing the critical tasks of rescue, fire control and property conservation. EMS survivability from cardiac arrest will increase by 10% for each minute of BLS care before 6 minutes. b. First Alarm: Response Time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location is estimated to be 14 and 12 seconds minutes (6.1 miles). The time over 10 minutes will significantly increase fire spread and therefore decreases rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims without ALS within 10 minutes decreases significantly. Service impact resulting from annexation: The expansion of resources would be required to improve the service delivery to the proposed area: Initial Investment Cost in dollars Building — 4 Bay Fire Station 3 200 000 Equipment- Fire Engine 673,000 Personnel Hiring Costs — 15 personnel 45,000 Initial Total Costs 3 918 000 Recurring Costs Cost in Dollars Personnel 1,020,000 Educational 1 500 Buildinq Maintenance 4 000 Utilities 14 400 Recurring Total costs 1 039 900 The predicted service delivery performance measures with expanded resources would be: a. First Due: Response Time for receipt of call for services until arrival of the 1st due company is estimated to 6 minutes with more resources. Fire would be confined to the room of origin increasing the probability of accomplishing the critical tasks of rescue, fire control and property conservation. EMS survivability from cardiac arrest will increase by 10% for each minute of BLS care before 6 minutes. b. First Alarm: Response time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location is estimated to be 12 minutes. The time under 10 minutes significantly decreases fire spread and therefore increases rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims with ALS within 10 minutes increases significantly. Police Department: The proposed annexation will have no effect on response times and will be assigned to Police District 10. Health Department and Emergency Medical Services: The continued incremental annexations of property combined with the increased demands of service from citizens have caused a complete saturation of staff's capacity to provide service. To continue to provide the same level of services to any additional annexations, without reducing the services to existing citizens, additional personnel in Environmental Health (ES), Neighborhood Protection (NP) and Animal Services (AS) will be necessary. The additional staff necessary for both EH and NP would be one each and two ASO's respectively. The budgetary impact would be approximately $275,000 for the additional four staff members. As indicated in previous annexations, the annexation of undeveloped property has little effect on operational activities; however, once the development begins the demand for services is immediate. This proposed area will require immediate attention by EH, NP and AS personnel. Parks and Recreation Department: The proposed annexation will have no impact. Building Division: The proposed annexation will have no impact. Public Works Department: The proposed annexation will have no effect. Engineering Department: The construction or expansion of any capital improvements between is seen as developer driven therefore should be financed by development. During the platting process dedication of 20 feet along Sjolander will be required for future widening. Means of Accomplishment: Annexation will be accomplished by extending from current city limit line. Public Input: The first and second public hearings are scheduled for November 16, O 00 LO N N T_ O N ,o1 .9 ORD RP- 2016 -22580 01/19/2016 ER $40.00 M ORDINANCE NO. 13,063 AN ORDTNANCE OF' THE CITE' COUNCH, OF TI CSTY OF' BAYTO'��?�i, TEXAS, ' MAKING C ERTAINI+ I^Il' DINGS; PROVIDING FOR THE E-KaN- SION OF CERTAIN BOUNDARY I,MITS OF THE. C`.I'ff`Y OF BAYI'OWN, TEXAS. AND 'I'I'I E ANNEXATION OF APPROXIMATELY 1.5 MARES OF LAND LOCATED ATTHE SOUTHWEST INTERSECTION OF FAST FREEWAY (1 -10) FRONTAGE ROAD AND STOI_,ANDETI ROAD, PART (3 AND OUT OF ASS -IBEL SMITH SURVEY, ABSTRACT NO. 954, FIARRIS COI,a"i d` 'V, TEXAS, WHICH FI SAM TEiiRITORY LIES ADJACENT 'TO AND ADJOINS THF. 17RESI NT 1BOUl' DARY LIMISS FOR THE CUY OF BAYT Ofed' ., TEXAS. `w'T1ER AS',,,tfiere being* no request for an "on -site" hearing;, two public hearings before the City Councit of the City €Ff,B town, 'Texas, where all interested persons were provided with an opportunity to be heard on the propoAd, annexation of the property described in Section 1 of this ordinance, were Feld, during the City Council tweeting on the 16"' day of November, 2015, in the Cate Council Chamber of the City hall of the City of B ytown, 'Texas, which date is not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and "i HEF, ;AS, idotices of the. first and second public hearings were published in a newspaper having, general circulation in the City of Eaytowr:, Texas, and in the below described territories on the 30e: day of October, 2015, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and WHEREAS, notice of the first and second public hearings were posted ran the City of Bay town's notice board and website on the 29ffi day of Oct ober, 2015, which date is not more than twenty (20) nor less than ten (ltd) days pricer to the date of the public hearings; -and WHEREAS, each notice posted on the City of Baytown's notice board and website reanained posted until the date of the ]:searing referenced in the notice; and WHEREAS, the total corporate area of the City of Baytown, '.Texas, on the I" clay of January, Mill i, was 39.92 square miles, and WHEREAS, the population of the City of Baytown, Texas, is approximately 74,487 inhabitants; and WI_.F_I AS, the'. below-described property ties within the extraterritorial jurisdiction of the City of Baytown, Texas; NOW THEREFORE- BE IT ORDAINED FBY'.THE C.TT.Y COtJ1'aCH, OF THE CrTY OF BAYTOVVN, TEXAS: Section I: That all m=atters 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 adapted 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 anal 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 area: hereinafter described, care: altered and amended so as to ineiude said areas within the corporate ]malts of the City of Baytown, Texas, to -wait: \` SEE EXHIBIT "A" Section 3: The above described territories and the areas sea annexed shall be a part of the City of Raytown, Texas, and the property so added hereby shalt bear its pro rata of the taxes levied by the C:) 00 LO N N (6 T_ C:) N Wl 7.9 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 Governnment Code Annotated §43.056, as amended, the service plan prepared by the City for providing municipal services to the an 31exed areas is hereby approved and is attached hereto as Exhibit "B," and is incorporated herein by this refervrlce for all iIltcnis lind purposes, Section 5: This ordinance shall be published and passed hyt manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas, IN'TRODUCED, READ and PASSED by the affimnative of the City Council of the City of 10R Baytown this the 10"' day of December, 2015. 141 / 'A^ NOEE EPHEN-1-rDONI-CARLOS, Mayor LYMCl_A_ B_ R Y S_ Cfil, C_.ity erk APPROVED AS TO FORM: 4•KAN"ACIO ftA:NIIR_T_-,Z, City honey INI'RODUICED, R-EAD and PASSED on the SECQND AND Ff. A . REA-DING this the 14`x day of January, 2016. A-Y� 'l EY MooAoc Pro exn 14o, iL e"O N -E-1 �NsA. BRYSCA, City"-' ark City' APPROVED AS TO FORM.- /yO/y� 00 V J N N I r N ,@1 Exhibit "A" LEGAL DESCRIPTION 1.492 ACRES A TRACT OR PARCEL CONTAINING 1 .492 ACRES (65,000 SQUARE FEET) OF LAND SITUATED IN THE ASHBZEL SMITH SURVEY, ABSTRACT 954, HARRIS COUNTY, TEXAS, BEING DIIT CBE AND PART OF A 60,200 ACRE T`RAC'T CONVEYED FROM SAMUEL VALLACDMESA AND WIFE ELIZABETH VALLAGL3MESA TO 1 -10 S.1DLANDER, LLC„ IN HARRIS COUNTY CLERKS FILE NO, 2€ 080139281, SAID 1,492 ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. THE BEARTFI S SHOWN HEREON ARE EASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83: BEGNINING AT THE INTERSECTION OT' THE SOUTH RIGHT OF WAY I NI E OF INTERSTATE 10 FRONTAGE ROAD (RIGHT OF WAY WIDTH VARIES) AND THE WEST RIGHT OF WAY LINE OF SJOLANDER ROAD (RIGHT OF WAY WIDTH VARIES) FOR THE NORTHEAST CORNER OF SAID 60.2110 ACRE TRACT, BEING THE NORTHEAST CORDER. OF THE HEREIN DI SCIkIBIwD TRACT; T HENCE SOUTH 16 DEGREES 47 MINUTES 18 SECONDS FAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID SJOLAN LR ROAD AND TINE FAST" LINE OF SAID %20II ACRE TRACT, A DISTANCE OF 232,99 FEET TO A 5/8 IN CAPPED IRON ROD SET FOR THE SOUTHEAST CORNER OF THE FIEREN DESCRIBED TRACT, THENCE SOUTH 78 DEGREES 94 MINUTES 42 SECONDS %T -ST, ACROSS SAID € 0.2€ 0 ACRE TRACT, A DISTANCE OF 280,00 FEET TO A 519 INCH CAPPED IRON ROD SET FOR SOUTHWEST CORDER OF T'14E HEREIN TRACT; THENCE NORTH 16 DECREES 47 MINUTES 18 SECONDS WEST, ACROSS SAID 60.200 ACRE TRACT, A DISTANCE OF 23195 .FEET TO A 518 INCH CAPPED IRON SET IN TIME SOUTH LINE Of SAID INTERSTATE 19 FRONTAGE ROAD FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 78 DEGREES 04 MINUTES 42 SECONDS EAST, ALONG THE SOUTH 1, NE OF INTERSTATE 11) FRONTAGE ROAD A DISTANCE OF 280.00 FEET TO THE POINT OF BEGINNING CONTAINING 1.492 ACRES OF LAND, MORE DR LESS. U C) 00 LO N N (6 T- C) N ,A 7.9 0 9 El rl O 00 LO N N T_ O N ,o1 ME B JYT Y Exhibit ,4B„ October 15, 2015 1 � :=1_7: Proposed annexation: Annexation of approximately 1.49 acres of land, see attached map, located at the southwest intersection of Fast Freeway (IH 10) Frontage Road and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract Igo, 954, Harris County, Texas, Existing Land Elsa: Vacant Fire Department: The subject properties of the proposed annexation will be assigned to Fire Station 1. With current resources the service delivery performance measures are: a. First Due Response Time for receipt of call for services until arrival of the 1s€ due company is estimated to ig minutes and 48 seconds (4,4 mile). Response Time of less than 5 minutes is required to confine the fire to the room of origin to increase the probability of accomplishing the critical tasks of rescue, fire control and property conservation, EMS survivability from cardiac arrest will Increase by 10% for each minute of BLS care before 6 minutes, b, First Alarm; Response Time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location is estimated to be 14 and 12 seconds minutes (6.1 Miles), The time over 10 minutes will significantly increase fire spread and therefore decreases rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims without ALS within 14 minutes decreases significantly. Service impact resulting front annexation: The expansion of resources would be required to improve the service delivery to the O 00 LO N N T- C) N ,111i'll ME The predicted service delivery per srmence measures with expanded \"< resources would be: e. First Due: Response Time for receipt of call for services until arrival of the 1'� due company is estimated to 6 minutes with more resources. Fire would be confined to the room of origin increasing the probability of accomplishing the critical tasks of rescue, fire control and property conservation. EMS survivability from cardiac arrest will increase by 10% for each minute of BLS care before 6 minutes. bx First Alarm: Response time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location is estimated to be 12 minutes. The tirade under 10 minutes significantly decreases Ore spread and therefore increases rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims with ALS within 10 minutes increases significantly, Police Department: The proposed annexation will have no effect can response times and will be assigned to Radice District 10. Health Department and Emergency Medical Services: The continued incremental annexations of property combined with the increased demands of service from citizens have caused a complete saturation of staff's capacity to provide service, To continue to provide the same level of services to any additional annexations, without reducing the services to existing citizens, additional personnel in Environmental Health (ES), Neighborhood Protection (NP) and Animal Services (AS) will be necessary. The additional staff necessary for both EH and NP would be one each and hvo ASO's respectively. The budgetary impact would be approximately $275,000 for the additional four staff members. As indicated in previous annexations, the annexation of undeveloped property has little effect on operational activities; however, once the development begin the demand for services is immediate. This proposed area will require immediate attention by EH, NP and AS personnel. Perks and Recreation Department: The proposed annexation will have no impact. Building Division- T he proposed annexation will have no impact. Public Works Department: The proposed annexation will have no effect, Engineering Department. The construction or expansion of any capital improvements between is seen as developer driven therefore should be financed by development, During the platting process dedication of 20 feet along Sjolander will be required for future widening. Means of Accomplishment., Annexation will be accomplished by extending from current city limit line. Public Input: The first and second public hearings are scheduled for November 16, C) 00 LO N N (6 T- C) N ,A 7.9 O 00 LO N N T- C) N ,1111il .9 RP- 2016 -22580 # Pages 8 01/19/2016 01:46 PM e -Filed & e- Recorded in the Official Public Records of HARRIS COUNTY STAN STANART 10161612119WMAIADo 7;1 Fees $40.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. 0 y �� a� COUNTY CLERK ��J ;,_ 5�' HARRIS COUNTY, TEXAS