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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. ****************************************************************************** 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, A- I 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) A-2 DM-#8071209 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 A-3 DM-#8071209 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 A-4 DM-#8071209 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 A-5 DM-#8071209 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. A-6 DM-#8071209 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. WN 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