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CC Resolution No. 2750RESOLUTION NO.2750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND CREATING THE BAY CREEK PUBLIC IMPROVEMENT DISTRICT IN THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code, as amended (the "Act"), to create a public improvement district PID") within its corporate limits; and WHEREAS, the City received a petition (the "Petition") from the owner (the "Petitioner") of the land described in Exhibit "A" and depicted in Exhibit "B," each attached hereto and incorporated herein for all intents and purposes (the "Property"), requesting the establishment of a PID to be known as Bay Creek Public Improvement District (the "District") within the corporate limits of the City; such District to include the Property; and WHEREAS, the City Council of the City (the "City Council") received the Petition which was signed by the owners of more than 50% of the appraised value of the taxable real property liable for assessment and the record owners of more than 50% of the area of all taxable real property within the District that is liable for assessment, and as such, the Petition complies with the Act; and WHEREAS, on June 24, 2021, the City Council approved a resolution (the "Resolution") to provide for a public hearing date on July 22, 2021, to consider the creation of the District; and WHEREAS, notice of the hearing was published in a newspaper of general circulation in the City in which the District is to be located on July 4, 2021; and, WHEREAS, on June 28, 2021, notice to the owners of property within the proposed District was sent by first-class mail to the owners of 100% of the property subject to assessment under the proposed District containing the information required by the Act such that such owners had actual knowledge of the public hearing to be held on July 22, 2021; and WHEREAS, on July 22, 2021, the City Council held such public hearing on the creation of the District and heard any comments or objections thereto; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the findings set forth in the recitals of this Resolution are found to be true and correct. Section 2: That the Petition submitted to the City by the Petitioner was filed with the City Clerk and complies with the Act. Section 3: That pursuant to the requirements of the Act, including, without limitation, Sections 372.006, 372.009(a), and 372.009(b), the City Council, after considering the Petition and any evidence and testimony presented at the public hearing on July 22, 2021, hereby finds and declares: a) Advisability of the Proposed Improvements. It is advisable to create the District to provide the Authorized Improvements (as described below). The Authorized Improvements are feasible and desirable and will promote the interests of the City and will confer a special benefit on the Property. b) 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. c) Estimated Costs of the Authorized Improvements and Apportionment of Costs. 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 PID is $20,000,000. The City will pay no costs of the Authorized Improvements, supplemental services or operation and maintenance costs from funds other than assessments levied on property within the PID. The remaining costs of the proposed improvements will be paid from sources other than those described above. d) Boundaries of the District. The proposed District is composed of approximately 70 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 2 description of the proposed District is available for inspection at the City Clerk's office at Baytown City Hall, 2401 Market Street, Baytown, Texas 77520. The boundaries of the District are set forth in Exhibit A attached hereto. e) Proposed Method of Assessment. The City shall levy assessments on each parcel within the PID in a manner that results in the imposition of an equal share of the costs of the Authorized Improvements on property similarly benefitted by such Authorized Improvements. The proposed method of assessment shall be based upon (i) an equal apportionment per lot, per front foot, or per square foot of property benefiting from the Authorized Improvements, as determined by the City, (ii) the ad valorem taxable value of the property benefiting from the Authorized Improvements, with or without regard to improvements on the property, or (iii) in any manner that results in imposing equal shares of the cost on property similarly benefitted. f) Apportionment of Costs Between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements. All of the costs of the Authorized Improvements will be paid from assessments levied on properties in the PID and from other sources of funds available to the Petitioners. g) Management of the District. The District shall 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. h) Advisory Board. The District shall be managed without the creation of an advisory body. Section 4: That Bay Creek Public Improvement District is hereby authorized and created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the Authorized Improvements contained in this Resolution, the nature and the estimated costs of the Authorized Improvements, the boundaries of the District, the method of assessment and the apportionment of costs as described herein; and the conclusion that the District is needed to fund such Authorized Improvements. Section 5: That notice of this Resolution authorizing the District shall be given by publishing such notice once in a newspaper of general circulation in the City in which the District is to be located. Effective upon the publication of such notice, the District shall be established. Section 6: That City staff is directed to cause to be prepared a Service and Assessment Plan for the District and to present it to the City Council for review and approval. Section 7: That this resolution shall take effect from and after its passage by the City Council of the City of Baytown and its publication as required by law. The City Clerk is hereby directed to give notice hereof by causing this resolution to be published once in the official newspaper of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 141h day of October, 2021. NDON CAPETILL , Mayor ATTEST: BpYTOr,® i_ Ai ANGELA (bkCKSON, City Cler APPROVED AS TO FORM: KAREN L. HORNER, City Attorney STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned authority, on this day personally appeared Brandon Capetillo, Mayor of the City of Baytown, Texas, known to me to be such persons who signed the above and acknowledged to me that such persons executed the above and foregoing Order in my presence for the purposes stated therein. Given under my hand and seal of office this gAWELP.WRTINEZ My Notary ID # 124421TT7 E)OteS December 16, 2022 Notary Pu li S to of Texas RAKaren Hamer\DocumentsTiles\City Council\Council Meeting PDFs\202I\October 14\PID Resolution.docx 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 Bg, 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 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 36.09 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 09° 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 510 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 160 50' 23", to a found 1/2-inch iron rod; THENCE South 340 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 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. 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 090 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 090 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 090 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 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, at ux., described in Clerk's 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. renown—GooseCreekMemorialHighSchoolrLOTSUMMARYSF.1tojLors(TVPSOkUO'I36LOTSITYPS5«I3D)!337AcPARKi1OAc1 I50'.120'I I55'*120'204LOTS62LOTS7;»/o23%TOTAL266LOTS^ModelHomesrrMissouriPacificRailroadCompanyPARKPropertiesIncJDETi7.'6'ScJ/102LOTS(TVPS0.17O176LOTS(rYP55.t201•INORTHMAINTRACT±69.5ACRESOFLANDCASTLERDCKCOMMUNITIESzrzinrDD