Ordinance No. 10,822Published in the Baytown Sun on
February 22, 2008
ORDINANCE NO. 10,822
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 A 4.88 ACRE TRACT OR PARCEL OF LAND SITUATED IN
�1�OEIt
140 OF-- ELENA— FRUIT — AND -COT -' -ON —FARMS UNir "D —, - C
SUBDIVISION SITUATED IN HARRIS COUNTY, TEXAS, ACCORDING TO THE
NIAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 48 OF THE MAP
RECORDS OF HARRIS COUNTY, TEXAS, AND BEING A PORTION OF THE
COMBINATION OF 2 TRACTS AS DESCRIBED IN 1) DEED FROM DAN
HUTCHiNG TO THE BOARD OF TRUSTEES OF GARTH ROAD BAPTIST
CHURCH AND RECORDED IN VOLUME 4630, PAGE 556 OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS AND 2) DEED FROM COASTAL LAND
AND DEVELOPMENT COMPANY, INC., TO THE BOARD OF TRUSTEES OF
GARTH ROAD BAPTIST CHURCH AND ARE RECORDED IN VOLUME 5341
PAGE 438 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, SAVE AND
EXCEPT A CALLED 0.209 ACRE TRACT TO HARRIS COUNTY FOR THE
WIDENING OF GARTH ROAD AS DESCRIBED IN HARRIS COUNTY CLERKS
FiLE NO. 17793461, AND BEING 7.30 ACRES; WHICH SAID TERRITORIES LIE
ADJACENT TO AND ADJOIN 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 24`h day of January, 2003, 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 such public hearings were published in a newspaper having general
circulation in the City of Baytown, Texas, and in the below described territories on the 14'h day of
January, 2008, which date is not more than twenty (20) nor less than ten (10) days prior to the date of
such public hearings: and
WHEREAS, a notice of such public hearings was posted on the City of Baytown's website on the
14 °i day of January, 2008, which date is not more than twenty (20) nor less than ten (10) days prior to the
date of such public hearings and remained posted until the date of the hearings; and
WHEREAS, the total corporate area of the City of Baytown, Texas, on the Ist day of January,
2008, was 35.6 square miles; and
WHEREAS, the population of the City of Baytown, Texas, is approximately 73,959 inhabitants,
and
WHEREAS, the below described territories lie within the extraterritorial jurisdiction of the City
of Bavtown, Texas; and
WHEREAS, the below described territories lie adjacent to and adjoin the City of Baytown,
Texas; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF BAYTOWN, TEXAS:
Section l: 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 2: 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 3: 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 on file in the City Clerk's office. Said service plan is incorporated herein by this
reference for all intents and purposes as if frilly copied at length and attached hereto.
Section 4: This ordinance shall be published and passed in
Section 9, ol-the Charter of the City of Baytown, Texas. a
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 14`f' day of February, 2008. ,
ST
M�
.APPROVED AS TO FORM:
(:4/
ACID RAMIREZ, SR., Ci ttorney
INTRODUCED, READ and PASSED on the SECOND A
2008.
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VN KNAU , Interim City Cl
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., �Citottorney
R.,Karcn\Files\ City ( 'oun,dl0rdinance =,2003`February 111AnnexaUOnot4- Acres.doc
2
to manner provided in Article 1,
the City Council of the City of
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�INAL READING this thex-4
DONCARLOS, Mayor
PETITION REQUESTING ANNEXATION
• STATE OF TEXAS
COUNTY OF HARRIS /CHAMBERS
RECEIVED
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COME NOW, V A ck h 1-+ e ( c` , r 5 , Owner(s) o
described as follows to -wit: Ij
(Describe property' and/or attach metes and hounds)
� t- r_ r- v u Ca I -r- 'r n
real property
(State property location, for example, the property is located norili of 1 -10 near N. Main Street.)
51 a 6;1)kV1 + 12b
(Sta_te the purpose of this annexation -\khat \vill be built, placed, etc.)
►fl1XG9 I SE- KF. -TA'lk ee )e-E rAVkAl r
® Said tract is one -half mile or less in width; is contiguous to the city limits of Baytown;
and is vacant and without residence or on which fewer than three qualified voters reside.
(I (We), LAW ICBMGE UJ WILD , the Owner(s) of
the a e- described property request annexation of the property by the City of Baytown.
SI NED this the day of W V EMEF e , 20 07 .
Owner V Owner
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ame & TitleM ANPi6l Fp., Type Name & Title
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Email Address
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Telephone Number
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Acknowledgement
State of Texas §
County_ Hams/ ambers _
BEFORE ME, the undersigned authority, on this day personally appeared
U( IN , known to to be the person(s) whose names)
mare subscribed hereto, and who acknowledged that (Dshe /they executed the same for the
purposes and consideration therein expressed.
To certify which witness my hand and official seal on this the day of
HDVEM6EE ,200-7 .
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State of Texas
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Nota blic * STATE OF T E X A S
Corporate Acknowledgement
County arris/ hambers §
This instrument was acknowledged before me on
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Y �— `// L- as f
DAR KLQ1 S Ci , a corporation and on behalf of said corporation.
y �To certify which witness my hand and official seal on this the �Q day of
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AFTER RECORDING, RETURN TO:
City of Baytown
Attn: City Clerk's Office
IS P O Box 424
Baytown, Texas 77522 -0424
Notary lic * STATE OF T E X A S
Being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit and Cotton Farms,
Unit "D ", a subdivision situated in Harris County, Texas, according to the map or plat thereof
recorded in Volume 7 Page 48 of the Map Records of Harris County, Texas, and being a portion
of the combination of 2 tracts as described in l) deed from Dan Hutching to the Board of Trustees
of Garth Road Baptist Church and recorded in Volume 4630 Page 556 of the Deed records of
• Harris County, Texas and 2) deed from Coastal Land and Development Company, Inc to the
Board of Trustees of Garth Road Baptist Church and are recorded in Volume 5341 page 438 of
the Deed Records of Hams County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to
Harris County_for the widening of Garth -Road as-described -in Harris County- Clerks -File No.-
F793461, and being 7.30 acres, said 4.88 acre tract being more particularly described by metes
and bounds as follows;
COMMENCING at a 1/2" iron rod found on the west line of Garth Road, for the northeast corner
of a above described 7.30 acre tract, said point having a State Plane Coordinate System, South
Central Zone, NAD 83 coordinate of N 13853329.86 and E 3243977.55;
THENCE S 77 020'56" W, along the north line of the said 7.30 acre tract, a distance of 240.02
feet, to a point for corner on the existing west city limit line 300 feet west of the centerline of
Garth Road, for the northeast corner and POINT OF BEGINNING of the herein described tract;
THENCE S 11 °58' 13" E, over and across the said 7.30 acre tract, along the west line of the said
existing city limit line, a distance of 439.14 feet, to a point for corner on the south line of the said
7.30 acre tract, for the southeast corner of the herein described tract;
THENCE S 77 020'29" W, continuing along the south line of the said called 7.30 acre tract, a
distance of 484.74 feet to a3/4" iron pipe found for the southwest corner of the said called 7.30
acre tract and the southwest corner of the herein described tract
THENCE S 11 054'26" E, along the west line of the said 7.30 acre tract, a distance of 439.21 feet,
® to a 1/2" iron rod with plastic cap stamped "RPLS 4980" found for the northwest corner of the
said 7.30 acre tract and the northwest corn of the herein described tract;
THENCE N 77 020'56" E, along the north line of the said 7.30 acre tract, a distance of 484.26
feet, to the POINT OF BEGINNING, containing a calculated area of 4.88 acres of land.
Notes: This document was prepared under 22TAC §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 boundary
of the political subdivision for which it was prepared.
This field note description is part of the plat of same date. The bearings shown hereon are
referenced to State Plane Coordinate System, South Central Zone, NAD 83.
11
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Annexation Service Plan
4.88 Acres
5123 Garth Road
Restaurant
Retail
January 16, 2008
January 16, 2008
BAYTOel WN SUMMARY
The area to be annexed is a tract of land in the Elena Fruit and Cotton Farms, Unit "D ",
Block 40, Harris County, Texas, located west of Garth Road, and north of Lynchburg
Cedar Bayou Road.
Size of Area: The area proposed for annexation is 4.88 land shown on the attached
map.
Existing Land Use: Vacant. Upon annexation, the property will be in the Neighborhood
Conservation (NC) zoning district. The applicant has requested a zone change to Mixed
Use (MU)
Impact: As a result of this proposed annexation:
The Fire Department will deliver the same services as other developments in the area.
The Response Time for receipt of call for services until the arrival of the 1st due
company 2 minutes 24 seconds. Fire will be confined to the room of origin increasing
the probability of accomplishing the critical task of rescue, fire control, and property
conservation. EMS survivability from cardiac arrest increase by 10% for each minute
with BLS care before 12 minutes. The Response Time for receipt of call for services until
the arrival of the 1st alarm assignment (2 Engines, 1 Ladder, 1 Chief) on location, 11
minutes. The time over 10 minutes will significantly increase fire spread and therefore
decrease rescue, fire control, and property conservation measures. Additionally, the
return of circulation for cardiac arrest victims without ALS care within 10 minutes
diminishes significantly. To improve the service delivery performance measures to the
proposed area the initial investment for construction of a new building, equipment and
personnel is $2,892,000 with a recurring cost of $1,105,805. (See attached Service
Plan). The project site will be assigned to Fire Station 1.
The Police Department indicates that an increase in crime can be anticipated due to an
increase in population. The need for additional manpower can be anticipated due to
increase in population. The project site will be assigned to Police District 2.
The Health /Emergency medical Service Department states that the incremental
annexation of property combined with the increased demands for service from citizens
has caused a complete saturation of staffs capacity to provide services. To continue to
provide the same level of service the cost for additional personnel is $400,000.
The Public Works Department states that all annexation increases response time and
workloads.
Means of Accomplishment: The annexation will be accomplished from the existing city
limit line.
Public Input: Public Hearings will be held to allow for public input.
Attachments: Attached to this summary are the specific Service Plan elements
submitted by each of the major city departments.
SERVICE PLAN FOR THE FIRE DEPARTMENT
RE: Proposed annexation of 4.88 acres located west of Garth Road, and north of Lynchburg Cedar
Bayou Road.
— 1. The area -being annexed Is described as a tract oUland but of Elena Fruit and Cotton Farms, Unit
"D'. Block 40, Harris County, Texas.
2. The area will be assigned to the following service area: District 1. The newly annexed area will
receive the same services as other developments in the area.
3. What are the expected service delivery performance measures for the area within existing
resources?
a. First Due: 2 minutes 24 seconds. (0.2 miles) Response Time for receipt of call for
services until the arrival of the 1 due company. Time less than six minutes is required to
confine the fire 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 increases by 10% for each minute with BLS care before 6 minutes.
b. First Alarm: 11 minutes. (4.5 miles) Response Time for receipt of call for services until
the arrival of the first alarm assignment (2 Engines, 1 Ladder, 1 Chief) on location. The
time over 10 minutes will significantly increase fire spread and therefore decrease rescue,
fire control, and property conservation measures. Additionally, the return of circulation for
cardiac arrest victims without ALS care within 10 minutes diminishes significantly.
4. What expansion of resources would be required to improve the service delivery performance
measures to the proposed area?
Initial Investment Cost in dollars
Building — 4 Bay Fire Station 2,200,000
Equipment — Fire Engine
! 653,000
Personnel Hiring Costs — 15 Personnel
39,000
Initial Costs Total
2,892,000
Recurring Costs
Cost in dollars
Personnel
1,074,000
Educational
15,000
Building Maintenance
4,000
Utilities
12,000
Recurring Costs Total
1,105,805
5. What would be the predicted service delivery performance measures with expanded resources?
a. First Due: 6 minutes. Response Time for receipt of call for services until the arrival of the
1 due company. Fire will 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: 10 minutes. Response Time for receipt of call for services until the arrival of
the first alarm assignment (2 Engines, 1 Ladder, 1 Chief) on location. The time under 10
minutes will significantly decrease fire spread and therefore increase rescue, fire control,
and property conservation measures. Additionally, the return of circulation for cardiac
arrest victims with ALS care within 10 minutes increases significantly.
c - Shorj, , Fire Chief
January 2, 2008
SERVICE PLAN FOR THE POLICE DEPARTMENT
RE: Proposed annexation of 4.88 acres located west of Garth Road, and north of Lynchburg Cedar
Bayou Road.
1. The area being annexed is described as a tract of land out of the Elena Fruit and Cotton Farms,.
Unit "D ". Block 40, Harris County, Texas.
2. The area will be assigned to the following service area: Police District Two. The newly annexed
area will receive the same services as other developments in the area.
3. What will be the fiscal impact of this annexation on your department?
> $ 0.00 Construction of additional buildings. Please list in details any new building
requirements and attach hereto as Exhibit "A ".
$ 0.00 The need to purchase additional vehicles. Please list in details any specific
vehicle requirements and attach hereto as Exhibit "B ".
> $ 0.00 The Department need for additional personnel. Please list in details any
specific personnel required and attach hereto as Exhibit "C.
> $ 0.00 If this annexation requires the construction and or expansion of any other
service facility or any capital equipment an explanation should be attached hereto as
Exhibit "D ".
4. How will this annexation effect existing response times? The annexation will increase
the area to be patrolled as well as increase the amount of work officers must perform.
An increase in a crime can be anticipated.
; and will this annexation
effect established (response time) standards as established by recognized
agencies ?(explain)_Not by agencies, but due to anticipated additional annexations, a
need for additional manpower can be anticipated due to an increase in population. An
increase in response time can also be
anticipated.
5. The effective date of implementation of this service plan will be Upon Annexation.
Signature
Date
SERVICE PLAN FOR THE HEALTH /EMERGENCY MEDICAL SERVICES DEPARTMENT
RE: Proposed annexation of 4.88 acres located west of Garth Road, and north of Lynchburg Cedar
Bayou Road.
1. —The area being annexed is described as a tract of land out of the Elena Fruit and Cotton Farms.
Unit "D ". Block 40, Harris County, Texas.
2. The area will be assigned to the following service area: All Health & EMS . The newly annexed
area will receive the same services as other developments in the area.
What will be the fiscal impact of this annexation on your department?
$ See Comment Below Construction of additional buildings. Please list in details
any new building requirements and attach hereto as Exhibit "A ".
> $ See Comment Below The need to purchase additional vehicles. Please list in
details any specific vehicle requirements and attach hereto as Exhibit "B ".
> $ See Comment Below The Department need for additional personnel. Please list
in details any specific personnel required and attach hereto as Exhibit "C ".
> $ See Comment Below If this annexation requires the construction and or
expansion of any other service facility or any capital equipment an explanation should be
attached hereto as Exhibit "D ".
4. How will this annexation effect existing response times? By increasing the number of
assistance, complaint calls for service._; and will this annexation effect established
(response time) standards as established by recognized agencies ?(explain)_Complaint
calls interrupt routine inspections and calls for assistance add to increasing calls for
ambulance responses. .
5. The effective date of implementation of this service plan will be Upon Annexation.
6. Comment:
The continued incremental annexations of property combined with the increased
demands for service from citizens has caused a complete saturation of staff's capacity to provide service.
To continue to provide the same level of service to any additional annexations, without reducing services
to existing citizens, additional staff in EMS, Environmental Health and Neighborhood Protection will be
necessary. The necessary staff for EH and NP would be one Environmental Health Specialist, one
Neighborhood Protection Inspector and one additional Ambulance with 6 paramedics respectfully. The
budgetary impact of each would be approximately $100,000 for a Health specialist plus a Neighborhood
Protection Inspector and $300,000 for 6 paramedics for an estimated total of $400,000.
As indicated in previous annexation comments the annexation of undeveloped property has little impact
on operational activities, however, as the properties are developed citizen demand for service is
immediate.
Mike Lester
Signature
_01/07/08
Date
SERVICE PLAN FOR THE PUBLIC WORKS DEPARTMENT
RE: Proposed annexation of 4.88 acres located west of Garth Road, and north of Lynchburg Cedar
Bayou Road.
1. The area being annexed Is described as a tract of land out of the Elena Fruit and Cotton Farms.
Unit "D ". Block 40. Harris County. Texas,
2. The area will be assigned to the following service area: The newly —kM
annexed area will receive the same services as other developmen In the area.
3. What will be the fiscal impact of this annexation on your department?
Y I Alliq Construction of additional buildings. Please list in details any new building
requiements and attach hereto as inhibit "A ".
The need to purchase additional vehicles. Please list in details any specific
veh requirements and attach hereto as Exhibit "B ".
> The Department need for additional personnel. Please list in details any
s personnel required and attach hereto as Exhibit "Co.
> I 10A If this annexation requires the construction and or expansion of any other
servi facility or any capital equipment an explanation should be attached hereto as
Exhibit "D ".
4. lJow will this annexation effect,;xistjng response times?
' and
will this annexation effect established (response time) standards as established by
recognized agencies ?(explain)�r
5. The effective date of Implementation of this service plan will be QMn Annexation.
Si ature
Ll� -D
Date
SERVICE PLAN FOR THE BUILDING DEPARTMENT
RE: Proposed annexation of 4.88 acres located west of Garth Road, and north of Lynchburg Cedar
Bayou Road.
1. The area being annexed is described as a tract of land out of the Elena Fruit and Cotton Farms,
2. The area will be assigned to the following service area: The newly
annexed area will receive the same services as other developments in the area.
3. What will be the fiscal impact of this annexation on your department?
$ - O - Construction of additional buildings. Please list in details any new building
requirements and attach hereto as Exhibit "A ".
> $ -6- The need to purchase additional vehicles. Please list in details any specific
vehicle requirements and attach hereto as Exhibit "B ".
> $ _ Q - The Department need for additional personnel. Please list in details any specific
personnel required and attach hereto as Exhibit "C'.
> $ - o - If this annexation requires the construction and or expansion of any other
service facility or any capital equipment an explanation should be attached hereto as
Exhibit "D ".
4. How will this annexation effect existing response times? NA4
and
will this annexation effect established (response time) standards as established by
recognized agencies ?(explain) f-
5. The effective date of implementation of this service plan will be Upon Annexation.
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SERVICE PLAN FOR THE ENGINEERING DEPARTMENT
RE: Proposed annexation of 4.88 acres located west of Garth Road, and north of Lynchburg Cedar
Bayou Road.
1. The area being annexed is described as a tract of land out of the Elena Fruit and Cotton Farms.
Unit "D ". Block 40, Harris County. Texas,
2. The area will be assigned to the following service area: N/A The newly
annexed area will receive the same services as other developments in the area.
3. What will be the fiscal impact of this annexation on your department?
> $ 0 Construction of additional buildings. Please list In details any new building
requirements and attach hereto as Exhibit "A ".
> S 0 The need to purchase additional vehicles. Please list in details any specific
vehicle requirements and attach hereto as Exhibit "B ".
> s 0 The Department need for additional personnel. Please list in details any
specific personnel required and attach hereto as Exhibit "C ".
> $ 0 If this annexation requires the construction and or expansion of any other
service facility or any capital equipment an explanation should be attached hereto as
Exhibit "D ".
4. How will this annexation effect existing response
times? N/A
and
will this annexation effect established (response time) standards as established by
recognized agencies? (explain)
5. The effective date of implementation of this service plan will be Upon Annexation,
i
ignature
Date