Loading...
CC Resolution No. 1883 74 RESOLUTION NO. 1883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING FINDINGS IN CONNECTION WITH THE PROPOSED PUBLIC IMPROVEMENT DISTRICT NUMBER ONE RELATED TO THE ADVISABILITY OF THE IMPROVEMENTS, THE NATURE OF THE IMPROVEMENTS, THE ESTIMATED COST OF THE IMPROVEMENTS, THE BOUNDARIES OF THE PROPOSED DISTRICT, THE METHOD OF ASSESSMENT AND THE APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY AS A WHOLE; AND MAKING OTHER FINDINGS RELATED TO THE DISTRICT. WHEREAS, the City of Baytown City Council is authorized to create a public improvement district pursuant to Chapter 372 of the Texas Local government Code (the "Code") for the purpose described therein; and WHEREAS, the City has received a petition from certain landowners within the City requesting the creation of a public improvement district; and WHEREAS, notice of a public hearing to consider the advisability of establishing the proposed district was published in the Baytown Sun, which notice included the general nature of the proposed improvements; the boundaries of the proposed district; the proposed method of assessment; and the proposed apportionment of cost between the district and the City as a whole; and WHEREAS, written notice of the public hearing to consider advisability of establishing the district was sent timely to the current address, so reflected on the tax rolls, of the owners of property subject to assessment under the proposed district; and WHEREAS, the public hearing was held with all interested parties having been given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City Council, having duty considered the petition submitted by property owners in the proposed district and the comments of those who made presentations at the public hearing on August 23, 2007, hereby finds as follows: (1) It will promote the interests of the City to create the Baytown Public Improvement District Number One (the "District") under the provisions of Chapter 372, Texas Local Government Code for the purposes herein described. (2) It is advisable that the proposed improvement project be provided in the District and the City exercise the powers granted by Chapter 372, Texas Local Government Code, in connection with the establishment of the District, including, but not limited to, the carrying out of the improvement project described below that will confer special benefits on property in the District and to levy and collect a special assessment on property in the District, based on the benefit conferred by such project, to pay all of the costs of such improvements. (3) The general nature of the public improvements in the District is set forth below. 75 The improvements include engineering and construction of water, wastewater, storm sewer facilities, detention, paving, and other improvements, creation and administration costs, and interest. (4) The estimated costs of the public improvements over the life of the public improvement district, including financing, are a total of$45 million. (5) The boundaries of the District are fully described in Exhibit A attached hereto. (6) The proposed methods of assessment are as follows: The assessment for the Public Improvements is proposed to be by value, lot, or according to the square footage of property without regard to improvements on the property. (7) The proposed method of apportionment of the cost of the improvements between the District and the City as a whole is as follows: The District will bear 100 percent of the costs of the percentage of the Public Improvements that will be reimbursed by assessment on the property. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED, by the afAetty Council of the City of Baytown this the 27t' day of September, 2007. —� RLOS, Mayor *LDY, C!z.k APPROVED AS TO FORM: f1T4AA!C*1O RAMIRP7_, SR., C y ,ttorney R:AKarenAFilesVCity CouncilAResolutions\2007ASeptember 27vResolution MakingFindingsRePl D.doc 2 Exhibit "A" a. AN 110.00 ACRE TRACT OF LAND SITUATED IN THE WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NUMBER 65, CITY OF BAYTOWN, HARRIS COUNTY, BEING ALL OF A CALLED 110.00 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER W962987; b. A 574.0590 ACRE TRACT OF LAND WITH BEARINGS BASED ON FOUND MONUMENTS AND DEED BEARINGS IN THE WEST LINE OF THAT CERTAIN 110.00 ACRE TRACT OF LAND CONVEYED BY ARETE REAL ESTATE AND DEVELOPMENT COMPANY TO JOJAC/SEJAC, LTD, BY DEED DATED DECEMBER 15, 1977 AND RECORDED IN COUNTY CLERK'S FILE NUMBER S785944 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS AND THE EAST RIGHT-OF-WAY LINE OF TRI-CITY BEACH ROAD; c. THE BAY OAKS HARBOR SUBDIVISION, BEING 69.882 ACRES OF LAND, SITUATED IN THE STATE OF TEXAS, COUNTY OF HARRIS, A PART OF THE WILLIAM SCOTT LOWER LEAGUE, A-65, AND BEING OUT OF THE LAND TITLED TO J.NI. HAGGARD, TRUSTEE, BY WARRANTY DEED DATED MAY 1, 1986, AND FILED UNDER COUNTY CLERK'S FILE NUMBER 520278 AND UNDER FILM CODE NUMBER 045-78-0253 OF THE HARRIS COUNTY REAL PROPERTY RECORD, RECORDED NOVEMBER 24, 1987, IN VOLUME 339, PAGE 105 OF THE MAP IF RECORDS OF HARRIS COUNTY AND AS AMENDED BY RECORDATION ON JUNE 1, 1998, IN VOLUME 340, PAGE 135 OF THE MAP OF RECORDS OF HARRIS COUNTY, and D. THAT PORTION OF THE TRI-CITY BEACH ROAD RIGHT-OF-WAY ADJACENT TO BAY OAKS HARBOR SUBDIVISION AS DESCRIBED IN (C).