notice board and website on the 23`d day of June, 2015

ORDINANCE NO. 12, 923
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 21. 82 ACRES APPROXIMATELY 1200
FEET WEST OF GARTH ROAD ON THE NORTH SIDE OF THE SANTAVY
STREET
RIGHT -OF -WAY
AND
LEGALLY
DESCRIBED
AS
LAND
IN
WASHINGTON COUNTY RAILROAD COMPANY ( W.C.R.R.) SURVEY NUMBER
1, ABSTRACT NO. 899, BEING PART OF AND OUT OF BLOCK 20, HIGHLAND
FARMS, HARRIS COUNTY, TEXAS, 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 1 of this ordinance, were held,
during the City Council meeting on the
day of July, 2015, in the City Council Chamber of the City
91h
Hall of the City of Baytown, Texas, which date is not more than forty (40) nor less than twenty (20) days
prior to the institution of annexation proceedings; 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 23' d day of
June, 2015, which date is not more than twenty ( 20) nor less than ten ( 10) days prior to the date of such
public hearings; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown' s
notice board and website on the 23`d day of June, 2015, which date is not more than twenty (20) nor less
than ten ( 10) days prior to the date of the public hearings; 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 0 day of January,
2015, was 39. 92 square miles; and
WHEREAS, the population of the City of Baytown, Texas, is approximately 74,487 inhabitants;
and
WHEREAS, the below- described property lies within the extraterritorial jurisdiction of the City
of Baytown, Texas; 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 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 prepafed 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 pas/
int
manner provided in Article 1,
Section 9, of the Charter of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 13`h day of August, 2015. /,
e City Council of the City of
7
Mayor
A
ST:
LETICIA BRYSCH, efty Clerk
APPROVED AS TO FORM:
OF'**
F '**
ACIO RAMIREZ, SR., Ci
ttomey --
INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 10`h
day of September, 2015.
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
R:''KaredfilesiCity Council Ordinances\ 2015\ August 13\ Annexationof21. 82Acres.doc
Exhibit "A"
CITY OF BAYTOWN
c
14YMLIW
PETIITON REQUESTING ANNEXATION
STATE OF TEXAS
COUNTY OF HARRISICHAMBERS
COME NOW, Koudelka Acres, LLC ,
Owner(s) of the real property
describes as follows to -wit
Describe property and attach metes and bounds)
Metes and bounds attached
State property location, for example, the property is located north of 1 - 10 near N. Main Street.)
The property Is appm)drnately 22 acres located approAmateiy 0.7 miles south of 1- 10 and 0.31 miles west
of Garth Rd. at the northeast corner of to be built San Jacinto Rd. & Santavy Rd.
State the purpose of this annexation —What will be built, placed, etc.)
ResidendallManufactured ( Number ofLots)
cX Multifamily (Number of Units)
Commercial Business (Business type)
o
RV Park (Number of Pads)
Restaurant (Number ofseats)
o
Hotel/Motel (Number ofBeds)
o
Retail (Number of Washrooms)
o Office Building (Number ofOccupants)
337
o Other (description)
Said tract is one -half mile or less in width; is contiguous to the city limits of Baytown; and is vacant
and without residence or on which fewer than three qualified voters reside.
We),
1), (
Koudelka Acres, LLC '
the Owners) of the
above -described property request annexation of the property by the City of Baytown.
SIGNED this the
02
20.
day of
Koudelka Acres, LLC
Owner
Own
M
r (
pe Name & Tide
Type Name & Title
15 Sedgewyck Dr., Delmar, NY 12054 -9867
Address
Address
518) 439 -8838
Telephone Number
Telephone Number
[email protected]
Emall Address
Email Address
LVti:
MAY 212915
PL- 15050015
Acknowledgement
State of Texq /
t1J-dA-'
Yor 4- §
County of Hams / Chambers -BEFORE
eg•
7-
11/
1a§
ME, the
undersigned authority, on this day personally appeared
know to me to be the person(s) whose name(s) is/ are
41,ewCe-" ,
subscribed hereto, and who acknowledged that he/she/they executed the same for the purpose
and consideration therein expressed.
s
To certify which witness my hand and official seal on this the
day of
20 IS'-.
Notary Public * STATE OF r fi-X A 8- •
Nf6-0 Yea,-, -
ANNA BURMISTROVA
Notary Public, State of New York
Qualified 1n Albany County
seal)
Reg. No. 01 BU6285780
My Commission Expires July 15, 2017
Corporate Acknowledgement
State of Texas Nfta yDrk §
County of Harris/ Ghambe m — §
This instrument was acknowledged before me on
I
Ae;*
as
20
by
4; - 9 '-j'
f —
a corporation and on behalf of said corporation.
To certify which witness my hand and official seal on this the
20
Notary Public * STATE OF T-E A
ANNA BURMISTROVA
seal)
Notary Public, State of New York
Qualified in Albany County
Reg. No. 01 BU6285780
My Commission Expires July 15, 2017
AFTER RECORDING, RETURN TO:
City of Baytown
Attn: Planning Deparknent
P. O. Box 424
Baytown, TX 77522 -0424
a21
day of
Exhibit "A"
ml ERICA
no -
t
Hm nWm Teas r/M -VM -
MX CM,
SURVETIN
COMPANY.
INC-
METES AND BOUNDS DESCRIPTION
21. 82 ACRES ( 950, 386 SQUARE FEET)
W. C. R. R. COMPANY SURVEY NUMBER 1.
ABSTRACT NUMBER 899
HARRIS COUNTY. TEXAS
Page 1 of 2
Being a tract or parcel, containing 21. 82 acres ( 950. 386 square feet) of land, situated in the
Washington County Railroad ( W.C. R. R.) Company Survey Number 1, Abstract Number 899.
Hams County, Texas, being part of and out of Block 20, HIGHLAND FARMS, a plat of
subdivision recorded in Volume 10, Page 47, Harris County Map Records ( I I. C. M. R.), a portion
of the Future San Jacinto Boulevard ( called 100 feet wide) described as a called 0. 710 acre tract
of land dedicated for Right -of W
- ay ( R.O. W.) and a portion of Santavy Street ( 60 feet wide)
described as a called 3. 486 acre tract as, both recorded in
KSTX Baytown Final Plat, a plat of
subdivision recorded at Film Code Number 674108 H. C. M. R., also being part of and out of the
remainder of that certain called 54.3552 acres described in deed to Koudelka Acres, LLC, as
recorded under County Clerk' s File ( C. C. F.) Number 20140313717, Official Public Records of
Real Property of Harris County, Texas ( O. P. R. R. P. H. C.); said 21. 82 acre tract being more
particularly described, as follows (bearings herein are grid bearings based on the Texas State Plane
Coordinate System, South Central Zone Number 4204, NAD 83 ( NA2011); distances are surface
distances based on the U. S. Survey Foot and may be converted to grid by multiplying by a
combined scale factor of 0. 999870017):
BEGINNING at a 3/ 4 -inch iron pipe with cap found in the center line of said Future San Jacinto
Boulevard, same being in the east line of Lot 26 Unit D of Elena Fruit and Cotton Farms, a plat
of subdivision recorded in Volume 7. Page 48, H. C. M.R., same being in the south line of the
remainder of that certain called 82. 8694 acres described in deed to Garth 82, Ltd., as recorded
under C.C. F. Number K165243, O.P. R. R.P. H. C.; said iron pipe also marking the northeast corner
of that certain Tract 1 described in deed to Pascual Olivares, as recorded under C. C. F. Number
20120442665 O.P. R. R.P. H. C.; said iron pipe also marking the northwest corner of said 54.3552
acre tract and of the herein described tract;
THENCE, North 77009' 33" East ( call North 77 009123" East). with the south line of said 82. 8694
acre tract and the north line of said 54. 3552 acre tract, at a distance of 50.01 feet passing a 5/ 8inch iron rod with plastic cap, stamped " TERRA SURVEYING ", set marking the northeast corner
of said called 0. 710 acre tract and continuing in all a total distance of 95 1. 1 1 feet to a 1/ 2- inch iron
rod found in the east line of that certain called 7. 574 acres, being a 150 -foot wide easement,
described in deed to Houston Lighting R. Power Company, as recorded in Volume 3106, Page 146.
Deed Records of Harris County, Texas; said iron rod also marking the northwest corner of that
certain called 32. 54 acres described in deed to KSTX Baytown, LLC, as recorded under C. C. F.
Number 20140374922 O. P. R. R. P. H. C.;
said iron rod also marking the northwest corner of
Restricted Reserve " A ", Block 1, of said KSTX Baytown Final Plat and the northeast corner of the
herein described tract;
1
METES AND BOUNDS DESCRIPTION
21. 82 ACRES ( 950, 386 SQUARE FEET)
W. C. R. R. COMPANY SURVEY NUMBER 1,
ABSTRACT NUMBER 899
HARRIS COUNTY, TEXAS
Page 2 of 2
THENCE, South 12 °47' 10" East, with the east line of said 7. 574 acre easement tract, and the west
line of said 32. 54 acre tract and said Restricted Reserve " A ", at a distance of 392. 35 feet pass a
5/ 8 -inch iron rod with plastic cap, stamped "
TERRA SURVEYING," set marking the west
common corner of said Restricted Reserve " A" and Lot 4, Block 1 of said KSTX Baytown Final
Plat; continuing with said east easement line, the west line of said 32. 54 acre tract, and the west
line of said Lot 4, at a distance of 933. 86 'feet passing a 5/ 8 -inch iron rod with plastic cap, stamped
TERRA SURVEYING," set in the north R. O. W. line of the aforesaid Santavy Street; said iron
rod also marking the southwest corner of said 32. 54 acre tract and said Lot 4 and continuing in all
a total distance of 993. 87 feet to a found 5/ 8 -inch iron rod with Aluminum cap in concrete in the
south line of said Santavy Street same being the northeast corner of certain called 5. 487 acres,
being a Fee Strip, described in deed to Houston Lighting & Power Company, as recorded in
Volume 3042, Page 536, Deed Records of Harris County, Texas and marking the southeast corner
of the herein described tract:
THENCE. South 7728'37" West, over and across said 54. 3552 acre tract, along the south R. O. W.
line of said Santavy Street, a distance of 966.53 feet to a found 3 -inch iron pipe with cap in the
future east R.O. W. line of said San Jacinto Boulevard, same being in the east line of Lot 37 Unit
D of the aforesaid Elena Fruit and Cotton Farms and marking the southwest corner of said Santavy
Street and of the herein described tract:
THENCE, North 11 ° 53' 36" West, over and across said Future San Jacinto Boulevard and along
the east line of said Elena Fruit and Cotton Farms, a distance of 988. 64 feet to the POINT OF
BEGINNING and containing 21. 82 acres ( 950, 386 square feet) of land.
Bearings, labeled " call" herein, are delineated in the aforesaid deed of the 54. 3552 acre tract.
This description is based on an exhibit prepared by Terra Surveying Company, Inc.,
Number 1047 - 1303 -1301, of even date.
Compiled by: Gregory Mata
Checked by: Jerry Scott
Reviewed by: George Collison, R. P. L.S.
Terra Surveying Company, Inc.
3000 Wilcrest Drive, Suite 210
Houston. Texas 77042
Phone: 713- 993 -0327
TERRA SURVEYING COMPANY, INC.
Project
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Exhibit " B"
t-
May 15, 2015
SERVICE PLAN SUMMARY
Proposed annexation:
Annexation of property approximately 21. 82 acres about 1, 200
feet west of Garth Road on the north side of the proposed Santavy Street right -of -way
and legally described as land in Washington County Railroad Company ( W.C. R. R.) Survey
Number 1, Abstract No. 899, being part of and out of Block 20, Highland Farms, Harris
County, Texas.
Existing Land Use: Vacant
Fire Department:
The subject properties of the proposed annexation will be assigned
to Fire Station 7.
With current resources the service delivery performance measures are:
First Due: Response Time for receipt of call for services until arrival of the 1st due
company is estimated to 4 minutes ( 1. 0 mile). Response Time of less than 6
minutes is required to confine the fire to the room of origin to increase the
a.
probability of accomplishing the critical tasks of rescue, fire control and property
EMS survivability from cardiac arrest will increase by 10% for each
conservation.
minute of BLS care before 6 minutes.
b.
First Alarm: Response Time for receipt of call for services until the arrival of the
first alarm assignment ( 2 engines, 1 Ladder, 1 Chief) on location is estimated to be
12 and 12 seconds minutes ( 5. 1 miles).
The time over 10 minutes will significantly
increase fire spread and therefore decreases rescue, fire control and property
conservation
measures.
Additionally, the return of circulation for cardiac arrest
victims without ALS within 10 minutes decreases significantly.
Service impact resulting from annexation:
The expansion of resources would be required to improve the service delivery to the
proposed area:
Initial Investment
Cost in dollars
Building — 4 Bay Fire Station
312001,000
Equipment- Fire Engine
650, 000
Personnel Hiring Costs — 15 personnel
Initial Total Costs
15, 000
3 865 000
Recurring Costs
Cost in Dollars
Personnel
1 020 000
Educational
1, 500
Building Maintenance
4, 000
Utilities
14, 400
Recurring Total costs
1, 039, 9 0
The
predicted
service
delivery
performance
measures
with
expanded
resources would be:
a.
First Due:
Four ( 4) minutes, response Time for receipt of call for services until
arrival of the 1st due company is estimated to 6 minutes with more resources.
Fire
would be confined to the room of origin increasing the probability of accomplishing
the
critical
tasks
of
rescue,
fire control and property conservation.
survivability from cardiac arrest will increase by 10% for each minute of BLS
EMS
care
before 6 minutes.
b. First Alarm: 12. 2 minutes, response Time for receipt of call for services until the
arrival of the first alarm assignment ( 2 engines, 1 Ladder, 1 Chief) on location is
estimated to be 10 minutes.
The time under 10 minutes significantly decreases
fire spread and therefore increases rescue, fire control and property conservation
Additionally, the return of circulation for cardiac arrest victims with ALS
within 10 minutes increases significantly.
measures.
Police Department:
The proposed annexation will have no effect on response times
and will be assigned to Police District 2.
Health Department and Emergency Medical Services: The continued incremental
annexations of property combined with the increased demands of service from citizens
have caused a complete saturation of staff's capacity to provide service. To continue to
provide the same level of services to any additional annexations, without reducing the
services
to
existing
citizens,
additional
personnel
in
Environmental
Neighborhood Protection ( NP) and Animal Services ( AS) will be necessary.
Health (
staff necessary for both EH and NP would be one each and 2 FTE's for AS.
budgetary impact would be approximately $
275, 000
ES),
The additional
for the additional
The
four staff
members.
As indicated in previous annexations, the annexation of undeveloped property has little
effect on operational activities; however, once the development begins the demand for
services is immediate.
This proposed area will require immediate attention by EH, NP
and AS personnel.
Parks and Recreation Department: The proposed annexation will have no impact.
Building Division: The proposed annexation will have no impact.
Public Works Department: The proposed annexation will have no effect.
Engineering Department: If the annexation requires the construction or expansion of
any capital improvements the developer will be responsible.
Means of Accomplishment:
Annexation will be accomplished by extending from
current city limit line.
Public Input: The first and second public hearings are scheduled for July 9, 2015.