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CC Resolution No. 1884 76 RESOLUTION NO. 1884 Published in the Baytown Sun on October 3, 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ESTABLISHMENT OF THE PUBLIC IMPROVEMENT DISTRICT NUMBER ONE IN THE CITY OF BAYTOWN, TEXAS; AUTHORIZING PUBLICATION OF THIS RESOLUTION, PROVIDING FOR THE PREPARATION OF A SERVICE AND ASSESSMENT PLAN; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. 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, the City Council held a public hearing on August 23, 2007, notice of which was published and mailed to property owners of the proposed district pursuant to Section 372.009 of the Code; and WHEREAS, the City Council has made findings by resolution as to the advisability of the proposed improvement project, the nature of the improvements, the boundaries of the proposed public improvement district, the estimated cost, the method of assessment and the apportionment of cost between the improvement district and the City as a whole, as required by Chapter 372 of the Code; and WHEREAS, the City Council has determined that it should proceed with the creation of the Public Improvement District Number One and the provision of public improvements proposed to be provided thereby; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The facts recited in the preamble hereto are hereby found to be true and correct. Section 2: The Baytown Public Improvement District Number One (the "District") is authorized to be and is hereby established as a public improvement district under the provisions of Chapter 372 of the Code over the land currently included within the boundaries of the City of Baytown, Texas, as more fully described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes, all in accordance with the findings made by the City Council in Section 1 of Resolution No. 1883 passed and approved on September 27, 2007. Section 3: The City Clerk is hereby directed to give notice of the authorization for establishment of the District by publishing the resolution once in at least one local newspaper of 77 general circulation in the City. The authorization and establishment of the District shall be deemed to be effective upon the publication of the notice directed by this section. Section 4: The City Council hereby directs the Baytown Redevelopment Authority to prepare a service and assessment plan for review and approval of the City Council in accordance with Chapter 372 of the Code. Section 5: The District shall not provide any improvements until at least 20 days after authorization of the District takes effect. Such services shall not begin if during such period a petition is filed pursuant to section 372.010(c) of the Code. Section 6: 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 affirmative vot of the City Council of the City of Baytown this the 271h day of September, 2007. STEPI N H. CARLOS, Mayor LORRI COODY, ity Clerk APPROVED AS TO FORM: elONACIO RAMIKEZ, SR., it �F�ttcrney R'Karcn+des\City Council\Resolutions\2007\September 27\ResolutionCreatingthePID.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.M. 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).