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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. r -`J STf HET AA 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 ZT?LOS, M or rn. , �INAL READING this thex-4 DONCARLOS, Mayor PETITION REQUESTING ANNEXATION • STATE OF TEXAS COUNTY OF HARRIS /CHAMBERS RECEIVED mn ev �.z /'� ` I I LLC. I 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 LJ ame & TitleM ANPi6l Fp., Type Name & Title f L 5)_(,,noo 1 Ki k)61Wb0 P ,�OC Address aV3 0) gga - c:W4 Telephone Number c bo rrGLS \,141�o D. Cori Email Address L' Address Telephone Number Email Address C 0 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 . ��a�► +iwiu� State of Texas 0 opm Q( Ptrwi Aq--, Nota blic * STATE OF T E X A S Corporate Acknowledgement County arris/ hambers § This instrument was acknowledged before me on 2U 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 (C., 0-7 ot0 9G'y (seal ) P • OF IR 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 J . MCCLELLAN V S. NO. 4980 27 -2007 40� dig ;I- Ir • MOW dw dr OWN om WOO T� mr 0 drkl 49 dOO om v CC 44i - 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. E�� M NO ale(] aanleu6!S uo!Iexauuy 4 (] aq ll!m ueld aouuas s!ql to uorleluawaldw! to alep aA!halla agl s (utrldxo)Zsa!ouaar poz!uaooai Xq pagsilgrlso se spmpurls (ow!1 asuodsal) pags►jgelsa 1oaga uotlrxauur. s141 Ipm pur. Lsowil asuodsal auilsixa 1oa33a uo!lrxauur srgl ll!m moll I!q!gx3 se olaiaq papelle aq pinogs uolleueldxa ue Iuawdmba lel!deo Aue jo A4!1!oel an!Ajas aaglo Aue to uo!suedxa ao pue uo!hnilsuoo aql sannbai uollexauue s!ql II I!q!gx3 se olajaq gaelle pue paj!nbai lauuosiad oypads Aue sl!elap u! Isll aseald 'lauuosiad leuoll!ppe jol paau Iuaw:peda(] agl • „g„ l!q!gx3 se olajaq goelle pue sluawailnbai ap!gaA oy!oads Aue sl!elap u! Is!l aseald •salolgaA leuo!llppe aseq»nd of paau agl� • „y„ I!q!gx3 se olajaq goelle pue sluawa.i!nbai bu!pl!nq Mau Aue splap u! Isp aseald •s6u!pl!nq leuoll!ppe to uo!IonilsuOD $ Zluaw:pedap anon( uo uo!lexauue s!ql to loedwi leosg aq1 aq ll!m 12gM •eaje aql u! sluawdolanap Jaglo se saovuas awes agI aA!a:)aJ ll!M ease paxauue Almau aql • :eaae aa!AJas 6u!Mollol aql of pau6!sse aq ll!m eaae aql •sexal unoD s!aJ2H 'ot, Toole „(]„ 1!un swje3 uolloD pue I!nj3 eua13 aqI to Ino puel to bell a se paquosap s! paxauue 5u!aq eaje aql •peo,d noAeg jepa:) 6inggouAq to q:pou pue 'peod q:peg to Isam paleool saaoe 88•J7 to uo!Iexauue pasodad INUWIUVd3Q NOI. VEDD9N V S?I2iVd 3HZ NOJ NV-Id 9JIA2IdS jv 'Z .j :3b 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