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 281" day of May, 2020, and the 11°i day of June, 2020, in the City
Council Chamber of City Hall of the City of Baytown, Texas; and
WHEREAS, 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 14°i 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"' 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 13"' day of May, 2020, and on the 27"' 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
WHEREAS, the total corporate area of the City of Baytown, Texas, on the I" day of January,
2020, was 56.76 square miles; and
WHEREAS, 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
WHEREAS, 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 t e vote of the City Couuril of the City of
Baytown this the 11'h day of June, 2020. M
BRANDON CAPETILLO, Ma)or
A T: )" 40 �
le
Co
LYFICIA BRYSCH, && Clerk 1�
co 10
APPROVED AS TO FORM:
1
KA'RP,N L. HORNER, Interim City Attorney
INTRODUCED, READ and PASSED on the SECON AND FINAL READ this the 9"' day
of July, 2020.
ON CAPETILL ,May
A'(" T: r /1
LETICIA BRYSCH, Citlurk
b
APPROVED AS TO FORM: r
n-
KAREN L. HORNER, Interim City Attorney A
R:iKarenTileslCity Council. Ordmances\2020Uune I RAnnexationoB.0I Acres.doc
Exhibit "A"
FIRLD NOTBS of a 6A0 acro kmot of land situetcd In rho William II'ulbas Survcy, Abstract 336,
,,a* County. 7Wras. Sall 6.00 e " m Was out of and a pat of then certain 6.00 sore tract of
laud conveyed by Floyd D. Woods 4 C6erfos W. Caldwell, d ux, by Deed dated idy 10,19%
and rocoidod In Cotmty Ciark'a FRe Na 5013995 of gm OfGWW Public Recopla of Real pmpmty
of Hants COualy, 7o = ad out orsed a pact of ulna omWn 6.00 acre treat of land oomoyed by
Ployd D. W006 to Slotlins TnW COMM by Uaod dated July 1Q 1996 and woorded is Comb►
CJwk'0 Fife No. $01S998 of tho OlOolal Pablio Recoads of Real Property of linens Cmmly
'thorns, M& 6-00 Bore tract Is anoro parftb* dandbod by tho fbU&*Lgg metes and bounds, to.
wlt:
NOTE: BRARINOS ARM DAM ON DEED BBARIMIS AND FOUND M ONUlul M IN
Tl1B NOMI LOB OP SAID 6.00ACUVACT. Rl$+BRBNCB 19 MADB TO THB PLAT Op
13V1 N DAW A0OOWANY0O ME iV MU AND BOUNDS DBlIC1t MON.
C0h& NCiNO at a 1/2'wh bon rod tbuad id 60 Bost tight of -WAY Ilan of lbwnPWa Road
(60 feet wldo rl&-OfWO at 00 V-W ocrow of that caetda 10.00 sore tot of JOW
ooaIMM by Floyd D. Woods to Mohammad A. 8*odar and Slmbada 8ubodar by Deed dated
Match 4,1999 and recorded in County Clam Pile Na T584957 of the 011iaial pW& Roomds
of Rant Property of iamb County, Thes and the Northwest coma of $at4 6.0 r
to Caldwell. 8ddw.Wr OF
OMMM veeb ai Al=.06*',AP, � r� oordar d 1 i
0ddcg mra . 38 %{
TIBIN=" 0*& 40 oft 38 no. Brat dons am West line of said 6,00 acrum emmyed to
Cddwoll, ad the Baal lids of Thotdpaon Road for a distadoo of 23745 foot to a 112 {ran rod,
with cap, &wd Ponthe Nottlwwostt comer add POINT' OF 13B(iDMO of No treat.
TIMNLU North 36 deg, 53 mlo, 46 sea Beet doag rho North Ihuo ofthis tW, ovenan4 noose
of add 6A0 M= conveyed 10 Celdwdl, aMd ova sad accooe of Bald 6.00 sans omvqW to
Sterildg 7hmt Coalpany for a fahme of 1115.47 feat to a 1/2 inch front r4 with mR food in
the West d*-of-wq of the Son Jadnto River Awboaily Ceda1 Tad es described in V@lu=
1273 at Page 467 of the Deed Records of Hards County, 7wum, fbr do Notthsaet eoracr of this
tract.
THENCE South 08 deg. 53 mhL 46 am Mast Wong the Best One of this trot, the Ew lido of
said 6.00 eaves convoyed to Straliug'l TWO Coin" and the Wed line of add San Jacinto River
AnthodW Cam174sot Sr a distance of 94.92 fad to a 1/2 imb iron rod, with cap, ed fbr an 4ngto
comer oftlds tract.
T NCB: South 04 deg. 59 min. 00 sac, Bast slops tin J3aat Ilse of dda &yA the Md 16te of
said 6.00 acres conveyed to buff 7irsst Cmapaoy gad the Whet Hoa of acid Sad Jacinto River
Authority (:anal MW for it distance of 138.62 that to a W inch boo rod fmmd for the Oeatb"
cow of this tract, and the Nosthewe emw of the cneiduc of d& oertdn 208.605 conveyed by
1tt M.C, Ina, to Irloyd A Woods by deed dated Decanber 4, 1995 and r000nW in C mV
o cow
rl
Y
C1crk's Itilc No. R09461 of the OlRcW Publlo Records of Real Prormty of Hams County,
lbn&
TMMCB- South 86 deg, 33 min. 46 soy. Wbat along the SOUPS lice of this heat, this t OIA No of
mdd 6.00 MOM ecnY%vd to SteslNI TnM CoraPW and the South lino of aid 6.00 awes
oon"yal to Caidwall ft a dlslanee of 1131.21 ibet to a 1/2 inch Iron rod, with cap, fo=d in the
Bast light -Of -MY Rtro of said I%mpsen Road and for Um ftewost cones of Idd 6.00 ewes
oontreyed to Caldwell, the NorlhweN Corner of Bald mddne of 9.08.605 somos, end fir the
Scathwaat omncr of thts tract.
nMCB: North 02 dog. 40 mia. 38 sec, Won nfong the Vt►* Eno of this Watt, the Walt lifitr Qj
sold 6.00 eor+m CaSvoyod to Qoldweu ad the BW dght-of wny lino of aald ZUOmpson � b
distum of 232.27 W to so Pi.ACB OF B&i11+ MG and coma W% within tis*ea i�
6.00 Rams of md.
a
QNWIWDOW
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 incorporatedherein for all intents andpurposes (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 Cityof Baytown
(the "Cityl and the Owner desire to enter into this Services Agreement (this "Agreement') in order to govern
the provision of service to the Properly;
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:
1. Services to be ro� 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 or projected on
the Property as of the date hereof
a. BM. 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. IP lth. The City, through its Health Department, will provide services pertaining to
environmental health, neighborhood protection, storm water, and animal control to the
Property.
d. PjKmWg and Deve gpmant. 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 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.
e m. 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 I have first been provided to the
Property.
3. Remedies. Should the City fail to provide the services within the time period specified in Section I
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 I hereof to the Property.
4. Miscellaneous Provisions.
(a) Lice 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) SMMWUG If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, then the remainder of tbis Agreement shall remain in full
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) Ambiguities. In the event of any ambiguity in any of the terms ofthis 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) Goveming 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) C=Jaga& This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument
(i) Complete Aareement 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.
Sypees ABm&mt 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) 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 1n cement and to ind the party he/she represents.
Entered into thiy of 2020.
CITY OF B YTOWN
ATTE .
LETI 'IA RYSCH, City Cler
APPROVED AS TO FORM:
Iz—
KAREN L. HORNER, Interim City Attomey
MCHA�AVlS,anager
.s
U.
8 o ..
ai�
....go
OWNER
H LES W. CAL WELL
STATE OF TEXAS §
COUNTY OF HARRIS
Before me, W • (Cr.1 4e undersigned notary public, on this day personally
appeared Charles W. Caldwell,
V' 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 I1 day of 2020.
•'',P.'�'t' EIADIA DIAZ
24 2� 0 N tary Public, State of Texas
WN May .Y�
t{:U:� en i s an ns a exnuon gnaemen ar er iceMCaldh cfl\Semces AWeemenLdoc
Services Aercemenl, Page 3
YA t
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SNUAICIOS
owsetnalygdow
F,SOS ,AS Yom 88*3 .......
EXMIT"A"
FIELD NOTES of a 6.00 acre tract of Ind atthhated in the VIUBM Milm gunny. Abshact 336,
Haub County, Tem. Said 6.00 am bctag out of and a pact of that omtaht 6.00 an tract of
land conveyed by Floyd D. Woods 4 Chides W. Caldwell, at us, by Deed dated July 10,1996
and recorded In County Clerk's File No. SOIS99S of the Offiolal Pablo Reoords of Real Pmperty
of Harris County, Teo= and cut of and a part of 0hat carlain 6A am tract died oonvgW by
Floyd D. Woods to StmRgg TlW Company by Deed dated July 10,1996 and recorded In Comdy
Chic's File No. SODS998 of Bra 081oW Public Roc sde of Real Pmpo* of Harris Couoiyy.
Texas. 116 6.00 sore twat B more pattioularly 4mdbod by the following meow and bouada, to.
wlt:
NOTB: BEARINGS ARE BASED ON DEED BBARD30S AND FOUND MONUMENTS IN
T718 NORTH LIMB OF SAID 6.00 ACRE TRACT. RBFMMCB 0 MADE TO THE PLAT OF
MIN DATB ACCOMPANYING 71BIS MEW AND BOUNDS DESCRIPTION.
COMM MIND at a 1/2 inch hen and found In the Bast hdosce-way llm of Thompson Road
(60 fact wide right -of -wept at the Boadma comer of tlwt embin 10.00 awe tract of land
conveyed by Floyd D. Woods toe MoMumad A. SaWder and ShMmm Subedar by Deed dated
Mamh 4,1999 and nomded in County Clerk's File No. T58M of Cho Ofiblal Public Records
o Red Caldwell.
d f Hanb County►, and the Nodbwast comer of sold 6.00 sores ed
to vv point be Nl,��v�.•,, T
1'P OF
W a l hhcb lWn- ` °rt • r .r0M wA(r� the of 10 D �c
02W866*02
`TV m.38.88a.{AGed� i
Da � � �A dog. 40 min. 38 sec. Bast along 60 West line ofseld 6,00 aoresoon eyed toCaldwell, ead the Rant be of Thompson Road ibr a distance of 237.OS teat to a IA iron rod,
N with oop, found forthe Northwest oouner and POINT OF BBODOMM of this tract.
0.at' THIDNM North 86 deg. 53 ndL 46 sec. Bast along the North Bw of 6b but over and attms
Of said 6.00 soave aanveyred to Caldwe% and over and across of said 6.00 sores oonreyed to
Sta tn8 7h* Company for a distance of 1115.47 feet to a 1/2 inch hair rod, with M found in
the West right-of-way of to go Jachdo River Aut why Canal Tmot as described in Vbh me
1273 at Page 467 of the Deed Records of Hauls Couagr, Tb uma for the, Northeast oarhhm of this
tract.
TM NCB: South 08 deg. 53 ado. 46 sea Baez along the Bast Nmo od'this tract, the East line of
said 6.00 auras conveyed to Siading That Company and the West line of said San JecLab River
Authoriq► Canal 71not fhr a db tahme of 94.92 feet to a 12 inch hen rod, with c* set for an angle
oomwr of this tract
THENCE: South 04 dog. S9 min. 00 no. But along the But One of this hcact, the Bast &a of
said 6A0 cares conveyed to Stmlisg Iken Comhgmoyr ad the West line of odd San 7aotate River
Audmity C anal Tffict for a diatanoe of 138.62 fillet to a l/2 Inah bon rod f mmd Ibr the Souffiew
co"m of this tract, and Bee NaR>ah m corner of the residue of that oeetein 208.605 conveyed by
F.QM Q lea, to Floyd D Woods by deed dated December 4, MS and recorded in Con*
Qdmwmoow
Claik's File No. R69MI of the Offlotal Public Raccab of Real Pla" of Hawk Cmarty,
Tam
TMWCEL- South 96 deg. 53 nda. 46 m Wed along the South Bw ofdde tract, the South mw of
sold 6.00 == GMvqW to SMft 71W COMPM and the Soul line of add 6.00 wu
conveyed to Caldwell for a distance of 113121 that to A U2 lub hQD 14 With cap, had in the
80 40WE-Way line of add Tbonspon. Road and for the Swifted comer of said COD am
oonvv7W to Caldwell, the Northwest comer of odd reddee of 208.605 acm and Ibr to
southwest corner of dde OUCL
TFMM North 02 deg. 40 min. 38 no. Wed along the Wag Has offts u=% the Wed u" Oj-
sidd 6.00 eum conveyed to C"M and the But debt -of -way Uno of said apM.Roidbra.4",
A, distance of 232.27 hd to the PLACE OF DBODMO and coaWking within *oA * a UnAffil
6.00 ==of 1wit ik"R -,
13.
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