Ordinance No. 14,847ORDINANCE NO. 14,847
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 23.39 ACRES OF LAND IN HARRIS
COUNTY, TEXAS, INCLUDING 20.82 ACRES OF PRIVATELY -OWNED LAND
ALONG THOMPSON ROAD NORTH OF ELLIS SCHOOL ROAD, ALONG WITH
APPROXIMATELY 2.57 ACRES BEING THE ENTIRE WIDTH OF THOMPSON
ROAD RIGHT-OF-WAY EXTENDING NORTH APPROXIMATELY 1,879 FEET
FROM THE CURRENT CITY LIMITS TO THE NORTHERN END OF THE SUBJECT
PROPERTY, 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 23d 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 the 29"' day of
August, 2021, and on the 9" day of September, 2021; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
website on the 5`1 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 the 26`1 day of August, 2021, and on the 8"' day of September, 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 Is` 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 Cit Council of the City of
Baytown this the 23rd day of September, 2021.
RANDON C TILL , Ma r
ARST: o� ePYTO�yy T'`iU\
ANGELA J KSO , City Cl
9TF OF'(G�
APPROVED
�AyS. TO/FORM:
ZUMN L. HORNER, City Attorney
INTRODUCED, READ and PASSED on the SEC AND FINAL READING this the 141h day
of October, 2021.
epYTOlyy ON CAP TILLO, MAYOR
EST: pQ••.........,�•TR
ANGELA J KSON, City Cler
APPROVED AS TO FORM:
qTF OF��
/ `n2 V V lS1JU
KAREN L. HORNER, City Attorney
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Exhibit "B"
Services Agreement
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, Pete Franks, (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 ofBaytown
(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. Utility. 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.
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.
Services Agreement, Page I
3. Remedies. Should the City fail to provide the services within the time period specified in Section I
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.
U) Agreement 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
Services Agreement, Page 2
C
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
ATTEST:
ANGELA JACKSON, Interim City Clerk
APPROVED AS TO FORM:
2021.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
KAREN L. HORNER, City Attorney
OWNER
,
• Pete Franb
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, 'F-mnV-s the undersigned notary public, on this day personally
appeared ,
known to me
proved to me on the oath of or
proved to me through his/her current (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 this2la %y of /4VaySt 2021.
ALISSA N. BENVEG`NU
`01 pr a
❑9? :NotaryPublic, State of Tex
Comm: Expifea 09-042022
,,II& , Notary ID 131712716
Services Agreement, Page 3
Notary Public, of Texas
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Exhibit " A.," Page_Solo