CC Resolution No. 2,730 - establish Bay Creek PID RESOLUTION NO. 2,730
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A PETITION FOR THE ESTABLISHMENT OF THE
BAY CREEK PUBLIC IMPROVEMENT DISTRICT: SETTING A PUBLIC
HEARING REGARDING THE ADVISABILITY OF THE PROPOSED
IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS. the Public Improvement District Assessment Act (the "Act") authorizes the
creation of public improvement districts: and
WHEREAS, on January 28, 2021, the owners of real property delivered to the City of
Baytown a petition requesting that the City Council create the Bay Creek Public improvement
District ("the District"); and
WHEREAS, such petition. which is attached hereto as Exhibit "A" and incorporated herein
for all intents and purposes (the "Petition"), indicates that it has been signed by:
(1) the owners of' taxable real property representing more than 50 percent of the
appraised value of-taxable real property liable for assessment under the proposal,
as determined by the current roll of the appraisal district in which the property is
located. and
(2) record owners of real property liable for assessment under the proposal who: (A)
constitute more than 50 percent of all record owners of property that is liable for
assessment under the proposal; or (B) own taxable real property that constitutes
more than 50 percent of the area of all taxable real property that is liable for
assessment under the proposal, and
WHEREAS, City staff as well as the City's consultants have reviewed the Petition and
determined that same to be in compliance with the requirements of the Act; NOW THEREFORE,
BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1 : The findings set forth in the recitals of this resolution are found to be true
and correct.
Section 2: That the City Council of the City of Baytown hereby accepts the Petition,
which is filed with the City Clerk and is available for public inspection.
Section 3: On the 24"' day of June, 2021, at the regular meeting of the City COUneil,
which commences at 6:30 p.m., in the City Hall Council Chambers of the City of Baytown, 2401
Market Street, Baytown, Texas, the City Council .vill hold a public hearing giving all interested
parties the right to appear and be heard on the advisability of the improvements, the nature of the
improvements contemplated, the estimated costs of the improvements, the boundaries of the
District, the method of assessment, and the apportionment, if any, of the costs between the District
and the City.
Section 4: The City Council hereby authorizes and directs the City Clerk in accordance
with the Act, to: (a) publish notice of the public hearing in a newspaper of general circulation in
the City; and(b) mail notice of the public hearing to the owners of property located in the proposed
District as reflected on the tax rolls.
Section 5: This resolution 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 27d' day of May, 2021.
BRANDON CAPFTILLOJ Mayor
ATTEST:
an � '"epVTOYyy`'�
ANGEL JACKSON, Interim City Cleff�.'
'Fs
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
R:\Karen Homer\Documents\ri les\City Council\Resolutions\202 i Way 27\Accep1ingP1DPe1i1ion.docx
1)
Exhibit "A"
PETITION
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF BAYTOWN,
TEXAS FOR THE BAY CREEK PUBLIC IMPROVEMENT DISTRICT
This petition ("Petition") is submitted and filed with the City Clerk of the City of Baytown,Texas
("City"), by CastleRock Communities, L.P., a future, owner of a majority of the real property (the
"Petitioner") located within the proposed boundaries of the District, as hereinafter defined. Acting
pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), the
Petitioner requests that the City create a public improvement district(the"District"),to include property
located within the City limits of the City (the "Property"), more particularly described by a metes and
bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition,the Petitioner would
present the following:
Section 1. General Nature of the Authorized Improvements. The general nature of the
proposed public improvements (collectively,the "Authorized Improvements") may include: (i)street and
roadway improvements, including related sidewalks, drainage, utility relocation, signalization,
landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of
parks and open space,together with the design,construction and maintenance of any ancillary structures,
features or amenities such as trails,playgrounds,walkways, lighting and any similar items located therein;
(iii)sidewalks and landscaping, including entry monuments and features,fountains, lighting and signage;
(iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and
facilities; (v) projects similar to those listed in subsections (i) -(iv) above authorized by the Act, including
similar off-site projects that provide a benefit to the property within the District; (vi)special supplemental
services for improvement and promotion of the District; (vii) payment of costs associated with operating
and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (viii) payment of
costs associated with developing and financing the public improvements listed in subparagraphs (i) - (v)
above, and costs of establishing, administering and operating the District. These Authorized
Improvements shall promote the interests of the City and confer a special benefit upon the Property.
Section 2. Estimated Cost of the Authorized Improvements. The estimated cost to design,
acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible legal
and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment,
administration, and operation of the District is$20,000,000.00.The City will pay none of the costs of the
proposed improvements from funds other than such assessments. The remaining costs of the proposed
improvements will be paid from sources other than the City or assessments of property owners.
Section 3. Boundaries of the Proposed District. The District is proposed to include the
Property as shown in Attachment A.
Section 4. Proposed Method of Assessment.The City shall levy assessments on each parcel
within the District in a manner that results in imposing equal shares of the costs on property similarly
benefited, in compliance with the Act. All assessments may be paid in full at any time (including interest
and principal), and certain assessments may be paid in annual installments (including interest and
principal). If an assessment is allowed to be paid in installments, then the installments must be paid in
amounts necessary to meet annual costs forthose Authorized Improvements financed bythe assessment,
and must continue for a period necessary to retire the indebtedness of those Authorized Improvements
(including interest).
Section 5. Proposed Apportionment of Costs between the District and the City.The City will
not be obligated to provide any funds to finance the Authorized Improvements, other than from
assessments levied on the District, and possible tax increment reinvestment zone revenue. No municipal
property in the public improvement district shall be assessed.The Petitioner may also pay certain costs of
the improvements from other funds available to the Petitioner.
Section 6. Management of the District.The Petitioner proposes that the District be managed
by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding
certain operations of the District.
Section 7. The Petitioner Requests Establishment of the District. The person signing this
Petition requests the establishment of the District, is duly authorized, and has the corporate authority to
execute and deliver the Petition.
Section 8. Advisory Board. The Petitioner proposes that the District be established and
managed without the creation of an advisory board. If an advisory board is created, the Petitioner
requests that a representative of the Petitioner be appointed to the advisory board.
Section 9. Landowner(s). This Petition has been signed by (1) the owners of taxable real
property representing more than 50 percent of the appraised value of taxable real property liable for
assessment under the proposal, as determined by the current roll of the appraisal district in which the
property is located; and (2) record owners of real property liable for assessment under the proposal who:
(A) constitute more than 50 percent of all record owners of property that is liable for assessment under
the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all
taxable real property that is liable for assessment under the proposal.
This Petition is hereby filed with the City Clerk of the City,or other officer performing the functions
of the City Clerk,in support of the creation of the District by the City Council of the City as herein provided.
The undersigned request that the City Council of the City call a public hearing on the advisability of the
Authorized Improvements,give notice thereof as provided by law and grant all matters requested in this
Petition.
RESPECTFULLY SUBMITTED, on this .2e-!5. _day of ��VL �L , 20 A .
[Signature Pages on the Next Page]
Printed Name: CastleRock Communities, L.P.(as buyer of properties listed under 2 and 3) Signature:_
Address of Property in PID: 69.504 acres off N. Main Baytown, TX, 77521
HCADs1: 0402210000204&0402210000710&0402210000541
Property Description: 69.504 Acres off N. Main_ _
Date of Acquired Property: Under Contract,Appraised Value: $1,594,195. (HCAD TOTAL), Acres: 69.504
STATE OF TEXAS §
COUNTY OF Harris §
t Before me, the undersigned notary public, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed.
SUBSCRIBED ANQ SWORN before me this .`)'day of , '.ny ._� , 2020.
ANGELA LU:ZCO ��f r''Notary 10 N382I�1J+��y\� My commissires Notary Public in athe State of Texas
'` June 18
Printed Name: JOANNE GILL,Signature, /'O,¢
Address of Property In PID:8902 N. Main, Baytown, TX, 77521, 7
HCAD: 0402210000204& 0402210000710
Property Description: 1,461,346 SCIFT OR 33.54788 ACRES of land off N.Main
Date of Acquired Property: 3/15/12, Appraised Value: $967,114, Acres:33.54788
STATE OF TEXAS §
COUNTY OF Harris §
2 --
Before me, the undersigned notary public, on this day personally appeared
1/44 I Le[y1t.1J JR_, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged tome that he/she executed the same for the purposes and consideration
therein expressed.
U,O§CA BED (J�&fg this - of ?LI�{-L 202%
NOTARY PUBLIC
STATE Of TEXAS
MY COMM.EXP 06-08 202,
..NOTARY 10N 350845-8 Notary Public in a for the State o exfT as
Printed Name Earl W Wilburn 1R. Signature
Address of Property in PID:0 N. Main, Baytown,TX, 77521,
HCADN: 0402210000541
Property Description: 1,567,702 sqft or 35.98948 Acres of land off N. Main
Date of Acquired Property: 01/1/03, Appraised Value: $621,081 Acres: 35.98948
STATE OF TEXAS §
g COUNTY OF Harris_ . ._. ,_ §
Before me, the undersigned notary public, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration
therein ex
BEVERLv A HgGE GANS
S AND ly�+1y(eft�}�ggytre me hi�day of __. _ 421 �_.
_ II .L
Notary and for the State of Texas
EXHIBIT A
Metes and Bounds
GILL Tracts HCAD#:0402210000204&0402210000710
A tract or parcel of land containing approximately 32.5479 acres (HCAD 040-221-000-0710), plus the 1.0
acre
homestead
(HCAD 040-221-0000-0204), being defined as the combination of the following two parcels, southerly
portion of Tract
„B1,
and all of Tract "C":
First: The southerly portion of the called 36.090 acre (Tract "B") described under Clerk's Number G-
250574:
A tract or parcel of land containing 17.310 acres, being out of a called 36.090 acres (Tract "B") in the
General Warranty
Deed conveying to Nadine Wilburn Tye, as described therein, filed for record under Clerk's File Number G-
250574 of
the
Official Public Records of Real Property of Harris County, Texas, being out of the residue of the north one-
half(72.09
acres) of Lot 13 of a subdivision of said Abstract 21, according to the map or plat recorded in Volume 72,
Page 4S9 of
the
Deed Records of said Harris County, Texas, the called 72.09 acres described in the deed conveying to Earl
W.Wilburn,
recorded in Volume 6553, Page 178 of the Deed Records (Clerk's Number C-399179, being Film Code
Numbers
062-35-0464 through 0467) of Harris County, Texas, the said 36.09 acre tract being more particularly
described as
follows:
BEGINNING at a set 1/2-inch iron rod marking the southwesterly corner of the said called 36.090 acre
tract, being the
northwesterly corner of a called 18.045 acre tract described in the General Warranty Deed dated June 29,
1979,
conveying to JoAnne W. Gill, filed for record under Clerk's File Number G-157210, and being on the
easterly line of
North
Main Street (80 feet wide);
THENCE North 09' 32' 01" West, along said easterly line, a distance of 308.04 feet to a set 1/2-inch iron
rod;
THENCE North 80' 46' 48" East, leaving said easterly line, a distance of 2,624.18 feet to a 1/2-inch iron rod
set, said
point being on the westerly line of a called 35.4530 acre tract recorded in the name of Larry Kent Murphy,
et ux., under
Clerk's File Number V-277159 of the Official Public Records of Real Property of Harris County, Texas;
THENCE South 090 38' 06" East, along the westerly line of the said 35.4530 acre tract, a distance of 26.23
feet to a
found 1/2-inch iron rod, said point marking the most northerly corner of a called 0.7403 acre tract known
as Tract 7"
in the deed to Harris County, Texas, described under Clerk's File Number W-248899;
THENCE South 51° 17' 25" West, along the northwesterly line of said 0.7403 acre tract, a distance of
152.93 feet to a
found 1/2-inch iron rod, said point marking the beginning of a tangent curve to the left;
THENCE Southwesterly, continuing along said northwesterly line and along the arc of said curve to the
left, a distance
of
135.20 feet, having a radius of 460.00 feet, through a central angle of 16' 50' 23", to a found 1/2-inch iron
rod;
THENCE South 34°27' 01" West, continuing along said northwesterly line, a distance of 157.45 feet to a
point for
corner,from which a found 1/2-inch iron rod bears North 350 51' 56" East- a distance of 1.56 feet;
THENCE South 80° 47' 00" West, leaving said northwesterly line, a distance of 2,274.62 feet to the POINT
OF
BEGINNING.
Wilburn Tract HCAD#: 0402210000541
A tract or parcel of land containing 36.008 acres, more or less, in the George Ellis League, Abstract
Number 21, Harris
County, Texas, being out of a called 36.090 acres (Tract "B") in the General Warranty Deed conveying to
Nadine Wilburn
Tye, as described therein, filed for record under Clerk's File Number G-250574 of the Official Public
Records of Real
Property of Harris County, Texas, being out of the residue of the north one-half(72.09 acres)of Lot 13 of a
subdivision
of
said Abstract 21, according to the map or plat recorded in Volume 72, Page 459 of the Deed Records of
said Harris
County, Texas, the called 72.09 acres described in the deed conveying to Earl W. Wilburn, recorded in
Volume 6553,
Page 178 of the Deed Records (Clerk's Number C-399179, being Film Code Numbers 062-35-0464
through 0467) of
Harris County, Texas, the said 36.008 acre tract being more particularly described as follows:
COMMENCING at a set 1/2-inch iron rod, marking the southwesterly corner of said called 36.090 acre
tract, same
being the northwesterly corner of a called 18.045 acre tract (Tract C) conveyed to JoAnne W. Gill by
General Warranty
Deed(s) dated February 19, 1979, Clerk's File No. F-979760 and dated October 26, 1966, filed for record
under Clerk's
File No. G-157210, both of the Official Public Records of Real Property of Harris County, Texas, and being
on the
easterly
line of North Main Street (80'wide);
THENCE North 09° 32' 01" West, along said easterly line, a distance of 308.04 feet, to a set 1/2-inch iron
rod marking
the POINT OF BEGINNING;
THENCE North 09' 32' 01" West, continuing along said easterly line, a distance of 597.85 feet to a point
for corner from
which a found 5/8-inch iron bears North 09° 36' 05" West - 0.61 feet, said point marking the
southwesterly corner of a
called 31.S74 acres as described in a deed to Missouri Pacific Railroad Co. filed for record under Clerk's
File No.
R-802767 in the Official Public Records of Real Property of Harris County, Texas;
THENCE North 80°46' 48" East, leaving said easterly line and along the southerly line of said called 31.574
acre tract, a
distance of 2,623.12 feet to a found 2-inch iron pipe,said point being on the westerly line of a called
35.4530 acre tract
described in a deed to Larry Kent Murphy, et ux., described in Clerk's File No.V-277159 in the Official
Public Records of
Real Property of Harris County,Texas;
THENCE South 090 38'06" East, along the westerly line of said 35.4530 acre tract, a distance of 597.85 feet
to a set
1/2-inch iron rod;
THENCE South 800 46'48"West, leaving said westerly line, a distance of 2,624.18 feet to the POINT OF
BEGINNING.