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Ordinance No. 14,395ORDINANCE NO. 14,395 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 SERVICES AGREEMENT WITH CHARLES W. CALDWELL; 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 and City Clerk of the City of Baytown to execute and attest to a Services Agreement with Charles W. Caldwell. A copy of said agreement is attached hereto, marked 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 281h day of May, 2020. BRANDON CAPETILLO, Nkayor ATTEST: LETICIA BRYSCH, ity Clerk G p,YTO Vey +. 'f�{4j 0` 0 oeeue000moc T V�ee N APPROVED AS TO FORM: a e e p e ! O ^7 L Ai9�°oeoaoeeesa�'" K� KAREN L. HORNER, Interim City Attorney R:`•.Karen,.Files•.City CouncihOrdinances\2020\May 281ServicesAgreeementwithCharlesWCaldwell.doc Exhibit "A" Services Agreement STATE OF TEXAS COUNTY OF HARRIS WHEREAS, Charles W. Caldwell (the "Owner") owns the property more specifically identified in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Owner has requested annexation of the Property; and WHEREAS, pursuant to Section 43.0672 of the Texas Local Government Code, the City of Baytown (the "City") and the Owner desire to enter into this Services Agreement (this "Agreement") in order to govern the provision of service to the Property; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Owner (collectively the "Parties") do hereby mutually agree m follows: l . Services to be provided. The Parties agree that upon annexation, the City will provide the following services, which shall be provided at a comparable level to thatprovided to other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected on the Property as of the date hereof: a. Eire. The City, through its Fire Department, will provide fire and emergency medical services to the Property. However, gradual increases in response area gradually increase call volume and response times creating need for additional resources; a fire station in the West Chambers County Industrial area would assist with response times for first due and first alarm assignments. b. Police. The City, through its Police Department, will provide law enforcement services to the Property. C. Health. The City, through its Health Department, will provide services pertaining to environmental health, neighborhood protection, storm water, and animal control to the Property. d. Planning and Development. The City, through its Planning and Development Services Department, will provide development and building services to the Property, including code enforcement services. e. U y. The City through, its Public Works, Engineering and Finance Departments, will provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure improvements necessary for the Property to receive these set -vices from the existing City infrastructure shall be the sole responsibility of the Owner. Additionally, any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. The Parties understand and agree that the City is not required to provide a service that is not included in this Agreement. However, nothing herein shall be construed to preclude the City from providing a service in the future if it chooses to do so. Services Agreement. Page 1 2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and shall terminate one year after the services referenced in Section 1 have first been provided to the Property. 3. Remedies. Should the City fail to provide the services within the time period specified in Section 1 hereof, the Owner shall give written notice of such failure to the City and provide an opportunity for the City to provide such services. The City shall not be in default hereof if the City is diligently prosecuting the work necessary to provide the services. If the breach is not timely cured, the Owner's sole remedy is to seek disannexation. If the property is disannexed, the City shall be relieved of any and all obligations to provide those services specified in Section 1 hereof to the Property. 4. Miscellaneous Provisions. (a) Notice. Notices required herein shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Atha: City Manager 240I Market Sheet Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. (b) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in firll force and effect. (c) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (d) Ambi ities. 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. (e) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.0672 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. (g) Venue. Venue for this Agreement shall be in Hams County, Texas. (h) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (i) Complete A rg eement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement maybe amended only by written agreement signed by the Owner and the City. Services Agreement, Page 2 (j) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (k) u h ' . The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of , 2020. CITY OF BAYTOWN ATTEST: LETICIA BRYSCH, CityClerk APPROVED AS TO FORM: KAREN L. HORNER, Interim City Attorney RICHARD L. DAMS, CityManager OWNER STATE OF TEXAS ES W. CAI- WELL COUNTY OF HARRIS § Before me, CW-C-A Ae undersigned notary public, on this day personally appeared Charles W. Caldwell, known to me proved to me on the oath of or _ . proved to me through his/her current (description of identification card or other document issued by the federal government or any state (check one) government that contains the photograph and signature of the acknowledging person} to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this Lq day of 2020. ELODIADIAZ '* W NOkq ID # 11626440 ' l&y24, 2M3 4,6 Public, State of Texas ••.... Rom``` RAW e� > > an o n o r rvicesTaldwealServicesAgreementdoc Services Agrccrnrilt, Page 3 FIELD NOTES of a 6.00 acre treat of land situated in the William Hilbus Survey, Abstract 336, Harris County, Texas. Said 6.00 acme being out of and a part of that cattein 6.00 acre tract of land conveyed by Floyd D. Woods 4 Charles W. Caldwell, et ux, by Deal dated July 10,1996 and recorded in County Clerk's File No. 80159A5 of the Officlal Public Records of Real Property of Harris County, Texas and out of and a part of that certain 6.00 acre tract of land conveyed by Floyd D. Woods to Sterling Tnnst Company by Deed dated July 10,1996 and recorded in County Clerk's File No. S01S998 of the 0610101 Public Records of Real Property of Hattie County, Texas. This 6.00 sore tract is mans particularly described by the following aisles and bounds, to - Wit: NOTE; BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMMM IN TIE; NORTH LING OF SAID 6.00ACRB TRACT, RBIFBRBNCB 19 MADE TO TIM PLAT OF EVEN DATE ACCOMPANYINCI7M Ivlg'1'ES AND BOUNDS DESCRIPTION. COlVIi1+MCE90 at a lit Inch Iran sod found in the But right-of-wqy line of Thompson Road (60 fed wide right-of-way) at the Southwest comer of that cortaia 10.0o acre tract of land convoyed by F10yd D. Woods to Mohammad A. Subedar and Shabana Sabedar by Deed dated Mamh 4,1999 and woorded in County Clerk's Filo No. T'584957 of the 011doial Public Records, of foal Property of Harris County, Votes and the Northwest comer of said 6.00 soma con to Caldwell. Said paint bean g the North� Omer d P�Q WT OF CO}�I'ffi © ch a 1%2 ihah' In lbimd t the 6thvfest corner of 10. 0 �. ruth mm. 38 sec. Nest.06 feat.S 02 e . S 40 min. 38 sec. Bad along the West line of said 6,00 aorea convoyed tb Caldwell, and the Bast 110 of Thompson Road for a distance of 237.45 toot to a 19 iron rod, N with cap, found for the Northwest Comm and POW OF BB01�1A11N0 of this tract. THENCE: North 86 deg. 53 min 46 sec. East along the North line of this tract, over and across of said 6.00 acres Conveyed to Caldwell, and over and across of said 6.00 acres conveyed to Stoning Trust Company for a distance of 1115.47 feat to a U2 inah iron rod, with oap, found in the West rigs t-of-way of the San Jacinto River Authority Canal Tract as described in Volume 1273 at Page 467 of the Dead Records of Harris Cou ft Texas, for the: Northeast comer of this Met TIENCE: South 08 deg. 53 aria 46 sec. last along rho Bast line of this tract, the East lino of Old 6.00 sores conveyed to Stu ft Tmd Company and the West lino of add San 7aointo River Authority Cannel T mot for a dlat8m of 94.92 feet to a 1/2 inch iron rod, with cap, set for an angle comer ofWetract. 7'I•JBNCB: South 04 dog. S8 alrin. 00 sec. Bast along the But The of dds tract, the But line of said 6.00 acres conveyed) to Sterling That Company and the west line of said son Jacinto River Authority Canal Tract Cor a distance of 138.62 feet to a 1/2 inch iron rod found for the lloutlreast oornor of this tract, and the Northeast corner of the residue of that oartain 209.605 conveyed by R M.C. luc., to Floyd D Woods by deed dated December 4, 1995 and recorded in County oftialmDW Clerk's File No. R699461 of the Official Public Records of Real Property of Harris County, Tbxw. TIMCB: South 86 deg. 53 min. 46 sec. West along the South line of this hart, the South line of said 6.00 was oonvgW to SYerltng Thist Compagy 4W the South lino of said 6.00 acres convoyed to Caldwell for a distance of 1131.21 hot to a lt2 inch iron rod, with cap, fouad in the lEiaat right-of-way line of said Thompson Road and for the Southwest corner of said 6.00 sates conveyed to Caldwell, the Northwest corner of Bald residue of 208.605 Rotek and fbr tho Southwest corner of this out TMM North 02 deg. 40 min. 38 no. West along the Wort tine of this tract, the West said 6.00 acres conveyed to Caldwell and tine But dght�o f way lire of said Thom distance of 232.27 feet to the PLACE OF BBODMO and conWnl,ng within �� 6.00 acres ofland P.t ass }} K 1 IrA _ E j. QtdkWM Dodd 4