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Ordinance No. 14,848ORDINANCE NO. 14,848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 59.25 ACRES OF LAND, LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND INTERSTATE 101 WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. WHEREAS, there being no request for an "on -site" hearing, two public hearings before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 2 of this ordinance, were held during the City Council meetings on the 9"' day of September, 2021, and the 23' day of September, 2021, in the City Council Chamber of City Hall of the City of Baytown, Texas; and WHEREAS, notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below -described territories on August 29, 2021, and September 9, 2021; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's website on the 5`' day of August, 2021; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's notice board on August 26, 2021, and September 8, 2021; and WHEREAS, each notice posted on the City of Baytown's notice board and website remained posted until the date of the hearing referenced in the notice; and WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1 s' day of January, 2021, was 43.637 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 82,017 inhabitants; and WHEREAS, the below -described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; and WHEREAS, the City Council of the City of Baytown finds that completely surrounding such area is in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings by the City Council of the City of Baytown, Texas. Section 2: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to -wit: SEE EXHIBIT "A" Section 3: The above -described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata share of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 4: In accordance with Texas Local Government Code Annotated §43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is attached hereto as Exhibit "B," and is incorporated herein by this reference for all intents and purposes. Section 5: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Co ycil of the City of Baytown this the 231 day of September, 2021. BIM'MDON C ETI LO, M yor rF�V M APPROVED AS TO FORM: KAREN L. HORNER, City Attorney INTRODUCED, READ and PASSED on the S ND FINAL7-"'N G t is the 14`1' day of October, 2021. ZON CAPE O, AYOR ST: �o� gAYTOIyy pF ANGELA JgKSOI�City Cler APPROVED AS TO FORM: �F KAREN L. HORNER, City Attorney R9Kmen Homer\r DocomemsTiiles\City Counci1\0rdinances\202 I \September 23 Wnnexmionof59.25Acres.docx .p` W S�qS 1� W :B � N"bp eyyi Y�. P SEE, BFG1W�0 3 Gs o PSp, M100 g9 ptp0 <j°e+p6 r�0 � a• a�`P•a • wro. a.� 4_nvw.... trm.x...... �' � q JKL61lL� ��w � .xanv.n o-wnn.. ss.nw.sa.m. n.H+n.•.n ,WrC rM xCr ✓^. M � ¢i,PPo 3Pyr MCPP 1 Ira= Exhibit T" Services Agreement STATE OF TEXAS COUNTY OF HARRIS WHEREAS, CCFHPP Interest, LLC, (the "Owner") owns the property more specifically identified in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Owner has requested annexation of the Property; and WHEREAS, pursuant to Section 43.0672 of the Texas Local Government Code, the City of Baytown (the "City") and the Owner desire to enter into this Services Agreement (this "Agreement") in order to govern the provision of service to the Property; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Owner (collectively the "Parties") do hereby mutually agree as follows: 1. Services to be provided. The Parties agree that upon annexation, the City will provide the following services, which shall be provided at a comparable level to that provided to other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected on the Property as of the date hereof: a. Fire. The City, through its Fire Department, will provide fire and emergency medical services to the Property. b. Police. The City, through its Police Department, will provide law enforcement services to the Property. C. Health. The City, through its Health Department, will provide services pertaining to environmental health, neighborhood protection, storm water,. and animal control to the Property. d. Planning and Development. The City, through its Planning and Development Services Department, will provide development and building services to the Property, including code enforcement services. e. Utili The City through, its Public Works, Engineering and Finance Departments, will provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure improvements necessary for the Property to receive these services from the existing City infrastructure shall be the sole responsibility of the Owner. Additionally, any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. The Parties understand and agree that the City is not required to provide a service that is not included in this Agreement. However, nothing herein shall be construed to preclude the City from providing a service in the future if it chooses to do so. Services Agreement, Page 1 2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and shall terminate one year after the services referenced in Section 1 have first been provided to the Property. 3. Remedies. Should the City fail to provide the services within the time period specified in Section 1 hereof, the Owner shall give written notice of such failure to the City and provide an opportunity for the City to provide such services. The City shall not be in default hereof if the City is diligently prosecuting the work necessary to provide the services. If the breach is not timely cured, the Owner's sole remedy is to seek disannexation. If the property is disannexed, the City shall be relieved of any and all obligations to provide those services specified in Section 1 hereof to the Property. 4. Miscellaneous Provisions. (a) Notice. Notices required herein shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. (b) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (c) Non -waiver, This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (d) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (e) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.0672 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. (g) Venue. Venue for this Agreement shall be in Harris County, Texas. (h) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (i) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Services Agreement, Page 2 (j} A rg_eement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (k) Authority. The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of , 2021. ATTEST: ANGELA JACKSON, Interim City Clerk APPROVED AS TO FORM: KAREN L. HORNER, City Attorney CITY OF BAYTOWN RICHARD L. DAVIS, City Manager OWNER CCFHPP Interest, LLC STATE OF TEXAS �''W § Richard W Cansler: Manager COUNTY OF HAF3 Grayson § Before me, �, _ �, the undersigned notary public, on this day personally appeared , Richard W CanS1C7, Manager of CCFHPP Interest, LLC, known to me proved to me on the oath of or proved tome through hislher current Texas Drivers License {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office thisday of 2021. Notary Public, §tate of Texas Services Agreement, Page 3 •*' °4e�� JAMIE GEISIER Notary ID 9129899537 �, My Commission Expires '"r ,.: �` July 28. 2022 1 1 f 1 Il �' M H'MSl-W MJ4 1 M S 1 Ceva1200 48 Acrns �, rL (HCCFN V726885 (Tract 21) R.JL? u Cvh 21 MY* IV x•J+pr SUBJECT Called 59 2458 Acres HCCFN R470540 VICINITY MAP NTS •Lmr+ r: v e..••.. a "'".._ .`.•.:.4 r ' ...: -...: z-, S Called SAcrOS � v� (Q481767HCCFN) a i ._�- __ �' ,r..-.ems. r•t-...�..�..•..-.r....r 71. ,� _ f .� �•� �. tll SURVEY of 34.06� acres Dan- C. NerM. RPIS, LS.CFrd being all of a called 59.2458 acre tract HCCFN R470540 located in the WIFu,"MU William Bloodgood Survey, Abstract Number 4, Harris County TX MM +M4+YM;b4pNIV.