Ordinance No. 14,941 ORDINANCE NO. 14,941
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES
AGREEMENT WITH CHARLES H. COX CONCERNING APPROXIMATELY
34.45 ACRES OF LAND CONSISTING OF THREE (3) PARCELS, LOCATED
GENERALLY NEAR THE NORTHWEST INTERSECTION OF JOHN
MARTIN ROAD AND INTERSTATE 10, HARRIS COUNTY, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to a Services
Agreement with Charles H. Cox concerning approximately 34.45 acres of land consisting of three
(3) parcels, located generally near the northwest intersection of John Martin Road and Interstate
10, Harris County, Texas. A copy of said agreement is attached hereto, marked Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance 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, this the 1511' day of November, 202
ANDON CAPETILLO, ayor
ATTEST:
ANGELA ACKSON, City Clerk
APPROVED AS TO FORM:
L
KAREN L. HORNER, City Attorney
R:1Karen l Iomcr\DocumentsTiles\City Councill0rdinances1202 Movember 15 ServicesAgreeementwithCox.docx
Exhibit "A"
Services Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, Charles H.Cox(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. Utility. The City through, its Public Works, Engineering and Finance Departments, will
provide water, sewer, stone 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 1
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.
(j) Agreement Read. The parties acknowledge that they have read,understand and intend to
be bound by the terms and conditions of this Agreement.
(k) Authorily. 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
Services Agreement,Page 2
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 ,2020.
CITY OF BAYTOWN
RICHARD L. DAVIS,City Manager
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER,City Attorney
OWNER
c
Charles H. Cox
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me,G4016 GX 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 yn-yaf Cf iRS�.
(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. n.
Given under my hand and seal of office this_Vday of ggk'!�: ,-awe.'em
�at*1` DANA H GAINER Notary Public,State of Texas
Notary ID#129005814
» My Commission Expires
OF May 30,2024
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