CC Resolution No. 2733RESOLUTION NO.2733
AN AMENDED AND RESTATED 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 ADVISABILITY
OF THE PROPOSED IMPROVEMENTS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 the real property delivered to the City of
Baytown, Texas (the "City") a petition requesting that the City Council of the City of Baytown
(the "City Council") create the Bay Creek Public Improvement District (the "District"); and
WHEREAS, such petition, which is attached 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, the City staff as well as the City's consultants have reviewed the Petition and
determined the same to be in compliance with the requirements of the Act; and
WHEREAS, the City Council approved a Resolution on May 27, 2021 (the "Original
Resolution") accepting the Petition and calling a public hearing; and
WHEREAS, the City now desires to amend the Original Resolution to provide for a new
public hearing date; 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, and the capitalized terms defined in the recitals of this resolution are incorporated
herein.
Section 2: The City Council confirms the acceptance of the Petition pursuant to the
Original Resolution, which petition is filed with the City Clerk of the City (the "City Clerk") and
is available for public inspection.
Section 3: On the 22"d day of July, 2021, at the regular meeting of the City Council,
which commences at 6:30 p.m., in the City Council Chamber at Baytown City Hall, 2401 Market
Street, Baytown, Texas 77520, the City Council will 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 substantially the form set forth in
Exhibit B, with such changes as may be authorized by the City Attorney, in a newspaper of general
circulation in the City; and (b) mail notice of the public hearing to the owners of the 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, Texas this the 241h day of June, 2021.
EATHER BETANCOURTH, Mayor Pro Tem
A ST: eaYTOWp
ANGELA J KSON, Interim erk� _
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
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 indude: (1) street and
roadway Improvements, including related sidewalks, drainage, utility relocation, signalization,
landscaping, lighting, signage, off-street parking and rlght-of way, (11) 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 anysimiiar items located therein;
(111) 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 (1) - (iv) above authorized by the Act, including
similar off -site projects that provide a benefit to the property w.thin the District; (V) 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 Imarovements. The estimated cost to design,
acquire, and construct the Authorized 'mprovements, 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. Pr000sed 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 for those Authorized Improvements financed by the assessment,
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and must continue for a period necessary to retire the indebtedness of those Authorized Improvements
(including interest).
Section S. 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 Petilioner Reouests Establishment of the Distrkt 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. tand9-]9rnerjsj: 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 tinder
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 22 day of 34020' A
(Signature Pages on the Next Page)
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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, 77522
HCAD It- 040221OW0204 & 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 y
1 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.
SU85CRt E N R SMIORN before me thts day of 2020
ANGEL4LUNA0401CO
• t Nalsry to If)a16�1d1 `-=��--X �• �y
My Communion Ewan Notary Public in and fort a State of Texas
June IB, 2021
Printed Name: JOANNE GILL, Signature:��,av �i ., rf %°Q,y
Address of Property in PID: 8902 N. Main, Baytown, 1X, 77521,
HCAD70402210000204 & 0402 2100007 10
Property Description 1,461.346 SQF1 OR 33 54788 ACRrS of land off N.Main
Date of Acquired Property- 3/15/12, Appraised Value 5967,114, A.cres:31 54788
STATE OF TEXAS
COUNTY Or Harris 4
z
Before me, the undersigned notary public, on this day personally appeared
+KR.L- W. W 1i...QlA1J JC. , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me viat he/she executed the same for the Purposes and consideration
therein expressed,
u£ttlBEDpkayt n v this f -7t{Af'L 202a.
r +x r t pl+6f Ekf D C'}el
Notary Public in a far the State o exa.s
Printed Name Earl W Wilburn 1R.
Address of Property in PID: 0 N. Main, Baytown TX, 77521,
HCADlt: 0402210000541
Property Description 1,567,702 sgft or 35 98948 Acres of land off r4. Main
Date of Acquired Property 0111/03. Appraised Value. 5621,081 Acres 35,98949
STATE OF TEXAS
1 COUNTY OF Harris 4
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 some for the purposes and consideration
therein ex
GEVEpLY A HAG* Gh: j
St AND 6WORflN!4�k f me hi&�day of wian 20 A.
t_
Notary Pubii n and for the State of Texas
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EXHIBIT A
Metes and Bounds
GILL Tracts HCAD 0: 0402210000204 & D402210OW710
A tract or parcel of land containing approximately 32 5479 acres (HCAD 040-221.000 0710) plus the 10
acre
homestead
(HCAD 040 221.0000-0204). being defined as the combmaucin o1 the following two parcels, southerly
portion of Tract
"8•
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 3609D acres (Tract "B") in the
General Warranty
Deed conveying to Nadine Wilburn Tye as described therein- fled for record under Clerk s F,le Number G-
2SOS74 of
the
Official Public Records of Rea. 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 conveyng to Earl
W Wilburn,
recorded in Volume 6SS3, Page 178 of the Deed Records (Clerks Number C 399179. being Film Code
Numbers
062-35.0464 through 0467) of Harris County. Texas. the said 3609 acre tract being mo•e parvrularly
described as
follows
BEGINNING at a set 1/2-inch iron rod marking the southwesteily comer of the said called 36090 acre
tract, being the
northwesterly comer 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 180 feet wide),
THENCE North 09' 32' 01" West, along said easterly line a distance of 30&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
se% 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 Numbe, V 271159 of the Official Public Records of Real Property of Harris County. Texas;
THENCE South 09' 38' 06' East, along the westerly line of the said 35 4530 acre tract, a distance of 2623
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 W248899,
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
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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 1WAS feet to a
point for
corner, from which a found 1/2-inch iron rod bears North 35' 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.
Wilbum Tract HCAD 0: 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 36090 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 prat 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 3S-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 36090 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, Clerks File No F 979760 and dated October 26, 1966, filed for record
under Clerk's
File No. G-1572IQ 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 30804 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 31.574 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
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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 CledCs File No. V-277159 in the Official
Public Records of
Real Property of Harris County, Texas;
THENCE South 09' 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 80' 46' 48' West, leaving said westerly line, a distance of 2,624.18 feet to the POINT OF
BEGINNING.
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EXIIIBIT B
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the City Council (the "City Council") of the
City of Baytown, Texas (the "City"), pursuant to Chapter 372 of the Texas Local
Government Code, as amended (the "Act"), will hold a public hearing at 6:30 p.m.
on July 22, 2021, in the City Council Chamber at Baytown City Hall, 2401
Market Street, Baytown, Texas 77520, for the purpose of considering the
establishment by the City of the Bay Creek Public Improvement District (the
"District"), a public improvement district to be located within the City limits of the
City (the "Property").
In accordance with the Act, the City Council has received a petition (the "Petition")
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, that requests
the establishment of the District. The Petition and the legal description of the
property described by a metes and bounds description in Exhibit A and depicted in
Exhibit B, are on file and open for public inspection in the office of the City Clerk at
2401 Market Street, Baytown, Texas 77520. The public hearing is being held with
respect to the advisability of creating the District and the improvements to be made
therein. In support of this Petition, the Petitioner would present the following:
Section 1. GENERAL NATURE OF THE AUTHORIZED IMPROVEMENTS:
The general nature 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.
Bi
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 proposed
District is composed of approximately 71.66 acres located generally 1.4 miles north
of Interstate 10 and bounded by the east by Ellis Branch creek and the west by North
Main Street. A metes and bounds description of the proposed District is available for
inspection at the City Secretary's office at Baytown City Hall, 2401 Market Street,
Baytown, Texas 77520.
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 benefitted, 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 for those Authorized
Improvements financed by the 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 proposed 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.
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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.
All interested persons are invited to attend such public hearing to express their views
with respect to the establishment of the District and the Authorized Improvements to
be made therein.
This Notice of Public Hearing is given and the public hearing is being held pursuant
to the requirements of the Act.
CITY OF BAYTOWN, TEXAS