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.
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