Ordinance No. 14,403ORDINANCE NO. 14,403
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 3.01 ACRES, LOCATED
APPROXIMATELY 557.88 FEET EAST OF THOMPSON ROAD, ADDRESSED AS
6610 THOMPSON ROAD, AND SITUATED IN THE WILLIAM HILBUS SURVEY,
ABSTRACT NO. 336 AND BEING OUT OF AND A PART OF LOT 21 OF THE
ELENA FRUIT AND COTTON FARMS, UNIT "D," HARRIS COUNTY, TEXAS,
WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
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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 2 of this ordinance, were held
during the City Council meetings on the 28'h day of May, 2020, and the 11 `h day of June, 2020, in the City
Council Chamber of City Hall of the City of Baytown, Texas; and
Wl IEREAS, 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 10' day of
May, 2020, and on the 28`' day of May, 2020; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
website on the 14°i day of May, 2020; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board on the 131h day of May, 2020, and on the 271h day of May, 2020; 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
W`11EREAS, the total corporate area of the City of Baytown, Texas, on the 1s` day of January,
2020, was 56.76 square miles; and
WIIEREAS, the population of the City of Baytown, Texas, is approximately 81,718 inhabitants;
and
WHEREAS, the below -described property lies within the extraterritorial jurisdiction of the City
of Baytown, Texas; and
WI IEREAS, the City Council of the City of Baytown finds that completely surrounding such area
is in the public interest; 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 share 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 in the manner provided in Article 1,
Section 9, of the Charter of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote o the City Cou '1 of the City of
Baytown this the 11 "' day of June, 2020.
ANDON C TILL , M or
A' •ST:
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L T CIA BRYSCH, Ct Clerk ,`-�. °,•°° `°•;F
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APPROVED AS TO FORM: °
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KAREN L. HORNER, Interim City Attorney
INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 25'h
day of July, 2020.
BRANDON CAPETILLO, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
R-AarenTiles\City Councit.0rdmances\2020Vune I hAmexationof3.0 I Acres.doc
Exhibit "A"
MaHBn".AN
F1RLD NOTM ofa 6.00 acro tract of land sitmtod in the William Who Survcy, Abstract 334
Morris CouBty, 7bxas. Saki 6.00 acmes bolas out of and a part of toot omteta 6.00 acre trod of
land Conveyed by Floyd D. Woods y ClMos W. Caldwell, d ux, by Deed dated July 10,19%
and recorded In County CM*a File No. 8015995 of too Official PuMlo Records of Real Pop q
of Hands (busty, Tams and out ofand a part of that ce laln 6.00 care tract of lend oomroyed by
Floyd D. Woods to Sterling Tlnrst Comp* by Nod dated July It 1996 and recorded is Cot *
Clok's File No. 801S998 of the MOW Public Records of Real Poperty of Hania CMMW,
Tues. Ibis 6-OD um tract h MOM partianiaft 4004bed by the lbtl6v*g metes sod bounds„ to.
wit:
NOTE: BMR1NOP AM BASBD ON DEED ORMUNM AND FOUND MON[Jiu PM IN
THB NORTH UM OP SAID 6.00ACU TRACT. RBPl3IM B IS MADE M TAB PLAT OF
HM DA7'13 A000WNYWO IM tvtEM AND BOUNDS DBSC1i1PTION.
COMMENCING at a 1A inch mesa sod bond is the Bast rishmf-way Itne of Thompson now
(60 feet wtdo r18ht-of-%w ai the l;oAV.V t Comer of that Cortuln 10.00 an tract of land
conveyed by Floyd D. Woods to Mohammed A. Subodar and Shabana Suboder by peed dated
March 4,1 M and " Mad to ConhWy Glenda Pile No. TS84957 of the 0iliolel Publlc Records
or Rdal Property of Rude C=*, Torts srrd the Ng4hwed owner of said 6,Op—
to Caldwell. Sold beg tho8i� comer"OF
„'1°� r+ Ibt corner 4 di
4 .38se Y" 408.06 04
0*9 40 mta 38 sec. But Was Iho West line oraaid 6,00 acres conveyed to
Caldwell, and the Bast no of Thompsm Road fbr a dhutaaoo of 237.05 fbct to a 112 iron rod,
N with cap, found for the Northwest comer and Pow ON BID(1tr1N1l`10 of this treat.
d TUMLU North 86 des. 53 aria. 46 see. Bast along too North Ike of this hoot, owand ew
of acid 6.00 acres conveyed to Caldwd% and over and aaoas of said 6.00 sores oonveyod to
Stariing 71u4t C QuVaay for a dishme of 1115.47 fees to a 112 ioab iron rod, VAlh cqp found in
the West right-ofaaal► of the Sou Jaoh to River Au"ty Coal 7hd as desortbed in W mo
1273 at Page 467 of the Deed R000sds of Hwb County,1Wum, for the Nortbcast oeanaer of this
loot.
TIIBKCE: South 08 deg. 53 min. 46 are. Bast along the Bast lino of this trot, the Bart line of
said 6.00 acres convoyed to Stcdiag Two Compwq and the Wort line of Bald San Jaointu River
Aotluorigr CRW UM for a dlsf aaoo of 94.92 fod to a 112 imb iron rood, with caps sd for an angle
cornet ord is tract.
TIMNCl3: South 04 deg. S8 min. 00 am Bast alM the Bast line of dds tract, the Hest 11me of
sold 6.00 acres conveyed to Stott Yost Company and the Wad !ne of sold San Jacinto River
Authortty Caeal Tract for it dlataaoe of 138.62 "to a lit loch iron rod roved for the 1laathcast
coraor of drls but; and the Northcmt earner of the residue of that owlain 208.60S conveyed by
R(iM.C. lac., to Ployd D. Woods by deed dated Deocmber 4, IM end resoled in Cowry
awk's Irlo No. R699461 of the Okla! Publto Rcoonds of Real 1'reimty of Ilaub County,
Ibxa .
THMCH-' South $6 deg. 33 min. 46 a= Whet along tho SODUI lino of'this ttaotr the South lino of
m1d 6.00 mom Convoyed to $100 g 7VM CoMM and the South llno of aid &00 ewes
oonweyed tc Cafdwall ft a dfalaaoe of 1131.21 ihet to a Ua in& Iron rod, with Cap, A=d 1n the
OW sight -of -way Itpo of aald Uompm (toad and }br tho SDAWO t oonm of MW 6.00 awn
Convoyed to CatdWOM the Nottbwost corner of raid mddue of 9A A5 acr% and fiat the
Soul WW comw of this imot.
7NBNCB: North 02 deg. 40 mitt 38 am Won along the West Hno of this hW, the gloat iit* said 5,00 sores eonmyed to Qeldwdl abd tltio fleet rightoP•wt►y lino of said Z1a :
distame of 232.27 A* to ifto PLACE OF BBCiINMNG and NoWnlag within
6.00 Aoroa offend.
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Exhibit "B"
Services Agreement
STATE OF TEXAS
COUNTY OF HARM
WHEREAS, Charles W. Caldwell (the "Owner') owns the property more specifically identified in
Exhibit "A," which is attached hereto and incotporatedherein for all intents and purposes (the "ProperV); 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 l 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 as 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 that provided to other parts of the City with
topography, land use, and population density similar to those reasonably contemplated orprojected on
the Property as of the date hereof
a. Lim. 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. Utility. 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 services from the existing City
infrastructure shall be the sole responsibility of the Owner. Additionally, any additional
infrastructure improvements, necessitated byProPosed fixture 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.
Page 1
2, jam. 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. Ranedies• 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
Attn: City Manager
2401 Market Street
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) SCM=Wli If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, then the remainder ofthis Agreement shall remain in full
force and effect.
(c) blon- er. 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) bAm igue. 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) H99UM 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) Go mining 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 Harris County, Texas.
(h) CamWiRada. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
(i) C=Ictc AgawmwL 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.
SMACes t. Page 2
(j) Amement Read. The parties acknowledge that they have read, understand and intend to be
bound by the terms and conditions of this Agreement.
(k) Authority. 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 u • ecmvnt and to ind the party he/she represents.
Entered into thioT day of 2020.
CITY O4BTOWN
nIiAiVIS, City Manager
RYSCH, City
APPROVED AS TO FORM:
dCAREN L. HORN M- Interim City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
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OWNER
H LES W. CALDWELL
Before me,C—V�U•5 �fl% Ce-k, �c undersigned notary public, on this day personally
appeared Charles W. Caldwell,
known tome
proved to me on the oath of
proved to me through his/her current
or
{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 11. day of 2020.
EIADIA DIAZ
_� My Notary ID # 11826440 N tary Public, State of Texas
E*kN May 24, 2M3
k 1t :nrrxmeon A grermca 13r S _r%r,es\Crddµela..Senices AgmemenLdoc
Services A=cment, Page 3
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SAaAICIOJ3
a YOOKIV
EX=Tr"A"
PMLD NOTES Of a 6.00 am trier of land situated in the VMIM 119bus Survey. Abstract 336,
Bads COVAIM, Taxes. Said 6.00 am being out of and a Part of tout Certain 6.00 am UM of
land conveyed by Floyd D. Woods 4 Chides W. CddweH, at u4 by Dead dated My 10, 1996
and recoWed In County ClWe File No. S01 S99S of die Official Publo Recede of Red Pmp"
of Harris Cowin Toeas MVI out of and a part of that cartain 6A am ftd of land conveyed by
Floyd D. WOOds to Stealing MM Company by Deed dated July 10. M and roomed In County
Ck*'a Me No. SOISM Of do Official Public Raorde of Rod ft"g* of Harris Munty
T=& Ibis 6.00 Me ftd Is more Patticularly 4osodbed by the MIMft MOO and bounds, to-
VAL.
NOTII: BBARINGS ARE BASED ON DEW BBARINGS AND FOUND MONUMENTS IN
TIM NORTH LINE! OF SAID 6.00 ACRE TRAM RMMWCB 18 MADE TO THE PLAT OF
BVEN DATE ACCOMPANYING TMS MBTES AND BOUNDS DRSCRwnON.
C0MMMCM0 at 4 U2 Inch hen rod found In the Red d&-of-wq In of Thompson Road
(60 fed TMO A& -of -way) at die Soudwoest: comw of that certain 10-00 am tred of land
CM"Ysd by Floyd D. Woods Io MaImmaW A. Subedar and Shabow Subedar by Deed dated
March 4,1999 and Molded in CM* Cleric's File No. TSSM of the Oftial Public Records
of Red PtQPMY of Haub Counly, Tam and the Northwest comer of ad 6.00 mu ad
to Cddw*IL Said point be
MireIFE comer of Qd
7_-,:�v
.06 fleeV
q40AMPS-600, Wadi
F5
Tr OF
a ,7
I!f !;. q 1 11 P, :,14,
•024 40 min. 38 set. slang the West the ofsaid 6,00 aomeonvoyed to
COMIL and the But In of Thompson Road ibr a distanov, of 237.OS fed to & It2 imn god,
with cep. &Md fiff the Nw&vmd comer and POW OF BBOMM of this uWL
TIMM North 96 deg 53 min. 46 see. ftd along die North Hne, of this but over and across
of said 6.00 sons conveyed to CLMMm% .and over and mum of said 6.00 sum o0nVqW to
Sterling 7h* Company for a distow of I 11S.47 feet to a 1/2 inch hen =4 with cqA found b
the, Wed right-of-way of the 80 Jacinto River Audwhy Canal Mast an damibad in Vbhm
1273 at Page 467 of the Deed Records of Hanh Co", 7W4 for thoNordumst of this
Met.
THMCB: South 08 deg. 53 min. 46 wo. SM4 along the Bast Hue of this track the EeA line of
add 6.00 acres conveyed to SMft Ujd Company and the West finor of aid San Jaofnb River
AWWly Cad TM for a distaw of94.92 &A to a V2 inch hva red, wit epp, ad for an angle
comarofthis but-
THEINC& South 04 dog S8 min. 00 m But aim* an But line of g& tot the East lire of
said '6A SAM conveyed to StOlft TMA C=qMq and the Wad 11ro of mid Son Jaofvb River
ABU=* Canal Trad Sir a distance, of 138.62 fed to a M Ineh ban rod found ft the Soudad
comer of We but and She Nadwast Comer of the raddis of dM ooWn 208.60$ =wgyod by
F-QM-Q hug., to Floyd A Woods by deed dated DwAmbw 4. 1M and mm" in Con*
admidmopw
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Cb*'9 File No. R69MI of the OfflcW Public Records of M Property of Hanis Cauff%
TOM
TMWCIL- South 96 deg. 53 min. 46 aw, Wad along the South Hoe of tits hwk the Soulb Jim of
said 6.00 wu conveyed to SOMft 7kW COMPAGY and the Souk line of said 6.00 acres
conveyed to Caldwell for a distance of 113121 that to a U2 Inch bw Y4 ma cap, bund b the
80 40"f-WAY HO of said lbomison. Road and for the Sw6viat canter of said 6.00 ==
OORVOPA to CaMwell, the Nadbwest omw of odd nWw of 208.605 =% aad for the
&m&wod comer of this O=L
THENCB: North 02 dog., 40 inh 38 no. Wad along the Wag fime of this Itack the Wad lbiopfr-
said 6.00 acres couvayed to CohUd and the But dglivot-way Uns ofeald opm,Rbiddbra"�,
distance of 232.27 fact to the PLACE OF DBODMO and cowWalag within thawlries
—
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