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HomeMy WebLinkAbout2014-09-02 Special MeetingY{OUA}HOMETOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL SPECIAL MEETING September 29 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Special Session at 6:30 p.m., September 2, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a recor attendance. If you wish to speak on an open -session Opinion/Speaker Registration Form and turn it in t meeting starts. 1. Call to Order. 2. Roll Call and Establishment of Quorum. agenda item please fill out the City Secretary before d of the the 3. Invocation and Pledge of Allegiance. 4. Public Hearing: For City Council to hear public comment on the proposed 2014-15 tax rate. (Clayton Fulton) 5. Consider/Discuss/Action regarding a resolution approving the purchase of Police department vehicles. (Clayton Fulton) 6. Consider/Discuss/Action regarding a resolution setting a public hearing under Sec. 372-009 of the Texas Local Government Code on the advisability of establishing a public improvement district to finance certain public improvements within the City of Anna, Texas; and authorizes the issuance of notice by the City Secretary of the City of Anna, Texas regarding the public hearing. (City Attorney) 7. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-2-14 CC Special Meeting Agenda.doc 1 Posted 08-28-14 Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex Gov't Code §551.072), land for public improvements; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail developments The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 8. Adjourn. This is to certify that 1, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. August 29, 2014. Natha Wilkison, City Secretary l .The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-2-14 CC Special Meeting Agenda.doc 2 Posted 08-28-14 n Council Meeting: September 2, 2014 Account Code # Budgeted Amount: AGENDA SUBJECT: SUMMARY: I_1 RECOMMENDATION: N/A Call to order. Item No. I City Secretary's use only City of Anna City Council Agenda an Report Staff Contact: Philip Sanders Date Prepared: 8-27�14 Exhibits: ❑Yes ❑ No rw Y{OIIit} HOMETOWN Council Meeting: September 2, 2014 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT SUMMARY: RECOMMENDATION: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-27-14 Exhibits: ❑Yes ❑ No Roll Call and Establishment of Quorum.. Council Meeting: September 2, 2014 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT SUMMARY: RECOMMENDATION: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-27�14 Exhibits: ❑Yes ❑ No Invocation and Pledge of Allegiance. y{OIIR} iiOMETOW N Council Meeting: September 2, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 8/27/14 Exhibits: ❑Yes Q No AGENDA SUBJECT: Public Hearing: For City Council to hear public comment on the proposed 2014 Tax Rate. SUMMARY: The City Council scheduled September 2, 2014 at 6:30 p.m. as the date and time for the second public hearing on the proposed 2014 Tax Rate. RECOMMENDATION: Council Meeting: September 2, 2014 Account Code #: 10-550-69ll Budgeted Amount: $56,000 Item No. 5 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 8/27/14 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving the purchase of Police department vehicles SUMMARY: As part of the budget amendment approved at the August 26th council meeting, funds were budgeted for the purchase of two replacement police cruisers. The total cost for the two vehicles is budgeted at 56,000 and requires council authorization. The vehicles are being purchased under a cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). HGAC conducts competitive bids to satisfy government purchasing requirements and then locks the prices into a contract. The City of Anna has entered into an ILA with HGAC and is eligible to purchase under their contracts. RECOMMENDATION: Staff recommends approval of the attached Resolution approving the purchase of two police cruisers CITY OF ANNA, TEXAS RESOLUTION NO, A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT FOR THE PURCHASE OF POLICE VEHICLES WHEREAS, the City Council of the City of Anna, Texas (the ty Council") has previously approved funding for the purchase of police vehicles WHEREAS, the City's financial policy requires that all purchases above $50,000 be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and WHEREAS, Chapter 252 Subchapter B of the Texas Local Government Code, Section 252.022 (a,12,D) grants a general exemption from the competitive bidding requirements for a procurement of items sold under an interlocal contract for cooperative purchasing administered by a regional planning commission; and WHEREAS, the vender for the Police Vehicles is Holiday Chevrolet; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Police Vehicle Purchase The City Council hereby authorizes the City Manager to execute on its behalf the purchase of two (2) police vehicles, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 2nd day of September, 2014. APPROVED: ATTEST: Mike Crist, Mayor RES. PAGE 1 OF 1 Natha Wilkison, City Secretary CONTRACT PRICING WORKSHEET Contract '• Date GACBW VE11 -13 8/28/2014 For MOTOR VEHICLES Only No.: prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying :Anna Police Department Agency: Contractor: :Holiday Chevrolet Contact ?Clayton Fulton Prepared :Mike Hewitt Person: By: Phone: 1972-924-3325 Phone: :903-771-1089 Fax Fax: Email: :cfiilton a annatexas.gov Email: :mike a defendersupply.com Product A17 Code: Description: i2014 Chevrolet Tahoe PPV A. Product Item Base Unit Price Per Contractor's H-GAC Contract: 49,460 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost 7X6 - Spotlamp Left Hand 780 K5T - Batteries, Dual 344 G80 - Locking Rear Differential 520 Floor Plan Interest 2490 Lot Insurance 980 State inspection 47*5 Subtotal From Additional Sheet(s): Subtotal B:: 5161.5 C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost Subtotal From Additional Sheet(s) Subtotal C: € 0 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit: Price plus Published Options (A+B). For this transaction the percentage is: 00 D. Total Cost Before Any Applicable Trade -In / Other Allowances / Discounts (A+B+C) Quantity Ordered: X Subtotal of A + B + C: 54621.5 = Subtotal:Do: `: 54621.5 E. H-GAC Order Processing Charge (Amount Per Current Policy) Subtotal E: i 1200 F. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description Cost Description Cost The cost represents 2 each Tahoe PPVs Subtotal F:: 0 Delivery Date:: G. Total Purchase Price (D+E+F): 55821.5 Y{OUR} iiOMETOW N Council Meeting: August 28, 2014 Account Code #. Budgeted Amount: Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCoy Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution setting a public hearing under Sec. 372.009 of the Texas Local Government Code on the advisability of establishing a public improvement district to finance certain public improvements within the City of Anna, Texas; and authorizing the issuance of notice by the City Secretary of the City of Anna, Texas regarding the public hearing. SUMMARY: The City recently received a petition signed by the owners of an undeveloped tract commonly referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally located north of FM 455, west of Interstate Highway 75, and east of Anna's western city limits. The petition and proposed resolution are either included in the Council's packet or were distributed to you separately. The subject development is slated for single-family homes and related amenities. The current owners are under contract to sell the development to an entity affiliated with Centurion American ("Centurion"), which has been involved in the development of Oak Hollow, Northpointe Crossing, and Sweetwater Crossing. Most of Centurion's other single-family developments are in or near the Metroplex, with several being located in and/or planned for communities in Collin County including McKinney, Frisco, Prosper, Allen, and Celina. Some of Centurion's marketing materials of their single-family developments can be found here: http://centurionamerican.com/county/single-family/ The developer is proposing that the City create a public improvement district ("PID") to finance certain public improvements that are necessary for the development of the property. The PID would have a board of directors composed of the City Council. The PID could issue bonds to generate some of the initial capital required for the public infrastructure, including but not limited to water, sewer, roadways, drainage, landscaping, sidewalks, 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 similar items located in the development as well as similar off -site projects that provide a benefit to the property. The PID would levy assessments on the property requiring the owners to make payments to service the debt created by the bond issuance. The developer and the City's financial advisor are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the property as an additional means of financing public improvements. City staff has been working with the developer as well as the City's financial advisor and bond counsel in support of this development, which would be Anna's first new residential Item No. 6 City Secretary's use only development west of U.S. 75. Staff is supportive of a development concept that would diversify the City's housing stock by providing higher -priced homes in a master planned community with public parks and amenities that would draw new residents to Anna. Staff will recommend the A reation of a PID and a TIRZ if the developer commits to delivering the type of development that staff believes would greatly benefit the City. However, this action item is not to approve the creation of the PID or a TIRZ. This item is solely to consider setting a public hearing on the advisability of creating the PID. The developer has requested that the public hearing take place at the regular Council meeting on September 23, 2014. Notice of the hearing must be published before the 15' day before the hearing, which is why this action item was placed on this special meeting agenda. If the Council adopts the resolution setting the public hearing for September 23, staff will be working with the developer to prepare additional materials for the Council's consideration at that meeting including a subdivision improvement agreement that will regulate the development of the property and provide for financing including creation of a PID and a TIRZ. There would also be an action item to create the PID, but any action on issuing bonds would occur at a future time when actual development begins. RECOMMENDED ACTION: Consider a motion to adopt a resolution setting a September 23, 2014 public hearing on the advisability of establishing a public improvement district to finance certain public improvements for the Villages of Hurricane Creek and authorizing the issuance of notice of the hearing by the City Secretary. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC WHEREAS, the City of Anna, Texas ("Anna"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act"), to create a public improvement district within its corporate limits; WHEREAS, on August , 2014, Villages of Hurricane Creels, LP, a Texas limited partnership, and Don Collins, individually, Ted K. Tedford, individually, and Steve Cameron, individually (collectively, the "Petitioners"), who collectively own approximately 368.2 acres within the city limits of Anna, submitted and fled with the City Secretary of Anna a petition ("Petition"), attached as Exhibit A, requesting the establishment of a public improvement district for property within the city limits of Anna; WHEREAS, said petition described public improvements that the property desires to be made within the public improvement district; WHEREAS, the City Council of Anna has determined to hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing a public improvement district and for improvements in Anna in accordance with the Petition; WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: Section 1: That a public hearing is hereby called for September 23, 2014 at 7:30 Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas 75409, for the purpose of hearing public testimony with respect to the creation of a public improvement district. The calling and holding of the public hearing shall not obligate the City to create the public improvement district or take any further action with respect to such proposed public improvement district or any proposed improvements for such proposed public improvement district. Section 2: At such time and place the City Council of Anna will hear testimony regarding the creation of the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 3: Attached hereto as Exhibit A is the Petition for the Creation of a Public Improvement District within the City of Anna, Texas for the Hurricane Creek Public Improvement District, Section 4: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the "Notice") the form and substance of which is hereby adopted and approved. Section 5: Attached hereto as Exhibit C is a legal description of the 368.2 acres of property to be included in the proposed public improvement district. Section 6: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in Anna and to mail a copy of said Notice to all landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall provide such Notice before the 151h day before the September 23, 2014 hearing. Section 7: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this resolution without the invalid provision. Section 8: This resolution shall be in frill force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 2"� DAY OF SEPTEMBER, 2014. ATTEST: Milce Crist, Mayor Natha Willcison, City Secretary APPROVED AS TO FORM: Clark McCoy, City Attorney EXHIBIT A HURRICANE CREEK PID PETITION EXHIBIT A TO PETITION Legal Description of 368.2 Acres EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Anna, Texas ("Anna"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by Villages of Hurricane Creek, LP, a Texas limited partnership, (the "Petitioners"), requesting that Anna create a public improvement district (the "District") to include property owned by the Petitioners and further described herein (the "Property"). Time and Place of the Hearin. The public hearing will be held at a meeting of the Anna City Council to commence at 7:30 p.m. September 23, 2014 at Anna City Hall Administration Building, I I I N. Powell Parkway, Anna, Texas 75409, General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") are: (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; and (v) projects similar to those listed in subsections (1) - (iv) above authorized by the Act, including similar off -site projects that provide a benefit to the property within the District; (vi) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (iv) above; and (vii) 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. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements is $30,000,000.00, which may be modified to conform to actual expenses. The City will pay none of the costs of the proposed improvements from funds other than such assessments. The remaining costs of the proposed improvements will be paid from sources other than the City or assessments of property owners. Proposed District Boundaries. The District is proposed to include approximately 368.2 acres of land generally located north of FM 455, west of Interstate Highway 75, and east of Anna's western city limits as more particularly described by a metes and bounds description available at Anna City Hall and available for public inspection. Proposed Method of Assessment. Anna shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in frill at any time (including interest), and certain assessments may be paid in annual installments (including interest). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost behveen the District and Anna. 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 and from other sources of funds, if any, available to the Petitioners. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. Legal Description of 368.2 Acres PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF ANNA, TEXAS, FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT This petition ("Petition") is submitted and filed with the City Secretary of the City %J Anna, Texas ("City"), by Villages of Hurricane Creek, LP, a Texas limited partnership, and Don Collins, individually, Ted K. Tedford, individually, and Steve Cameron, individually (collectively, the "Petitioners"), who collectively own all of the real property located within the proposed boundaries of the District, as hereinafter defined. Acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), the Petitioners request that the City create a public improvement district ("District"), to include property located within the City (the "Property"), more particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition, the Petitioners would present the following: Section 1. General Nature of the Authorized Improvements. The general nature of the proposeI public improvements (collectively, the "Authorized Improvements") are: (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) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (vii) 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. Section 2. Estimated Cost of the Authorized hmprovements. The Petitioners estimate that the cost to design, acquire, and construct the Authorized Improvements, together with bond issuance costs, legal and financial fees, credit enhancement costs and costs incurred in the establishment administration and operation of the District is $30,000,000.00. Section 3. Boundaries of the Proposed District. The District is proposed to include the Property, and certain off -site areas for public improvements necessary for development of the Property. Section 4. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid 1 Hurricane Creek PID Petition in full at any time (including interest) without penalty, and certain assessments may be paid in annual installments (including interest). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Section 5. Proposed Apportionment of Costs between the District and the City. The City will not be obligated to provide any fiords to finance the Authorized Improvements. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioners Section 6. Management of the District. The Petitioners propose that the District be managed by the City. Section 7. The Petitioners Request Establishment of the District. The persons signing this Petition requests the establishment of the District are duly authorized and have the corporate authority to execute and deliver the Petition. Section 8. Advisory Board. An advisory board may be established to develop and recommend an improvement plan to the City Council. The Petitioners propose that the District be established and managed without the creation of an advisory board. Section 9. Landowners. This Petition has been signed by (1) the owners of taxable real property representing 100 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute 100 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes 100 percent of the area of all taxable real property that is liable for assessment under the proposal. This Petition is hereby filed with the City Secretary of the City, or other officer performing the functions of the municipal secretary.. in support of the creation of the District by the City Council of the City as herein provided. The undersigned request that the City Council of the City call a public hearing on the advisability of the Authorized Improvements, give notice thereof as provided by law and grant all matters requested in this Petition and grant such other relief, in law or in equity, to which Petitioners may show themselves to be entitled. 2 Hurricane Creelc PID Petition RESPECTFULLY SUBMITTED, on this the OWNERS: Villages of Hurricane Creek, LP By: 376 Anna, LLC, its general partner By: Don Collins, its Manager By: Don Collins, Individually By: Ted K. Tedford, Individually By: Steve Cameron, Individually Hurricane Creel< PID Petition day of August, 2014, �3 EXHIBIT A Metes and Bounds Hurricane Creelc PID Petition C� EXHIBIT B Property Depiction Hurricane Creel< PID Petition YiOUR} IIOMF,TOWN Council Meeting: September 2, 2014 Sanders Account Code #: N/A Budgeted Amount: N/A Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Date Prepared: 8-27-14 Exhibits: ❑Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 18551.072), land for public improvements, c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code 4551.087); proposed residential and retail developments. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Y(OIIH; FIOMETOWN Council Meeting: September 2, 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-27-14 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn. Y{OTIfi,}HOMETOWN CITY COUNCIL MEETING SIGN IN SHEET DATE: / Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting, NAME ADDRESS CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY REGARDING THE PUBLIC HEARING WHEREAS, the City of Anna, Texas ("City"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act"), to create a public improvement district within its corporate limits; WHEREAS, on August 29, 2014, Villages of Hurricane Creek, LP, a Texas limited partnership, and Don Collins, individually, Ted K. Tedford, individually, and Steve Cameron, individually (collectively, the "Petitioners"), who collectively own approximately 368.2 acres within the city limits of the City, submitted and filed with the City Secretary of the City of Anna, Texas ("City Secretary") a petition ("Petition"), attached as Exhibit A, requesting the establishment of a public improvement district for property within the city limits of Anna; WHEREAS, said petition described public improvements that the Petitioners desire to be made within the public improvement district; WHEREAS, the Council has determined to hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing a public improvement district and for improvements in the City in accordance with the Petition; WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1: That a public hearing is hereby called for September 23, 2014 at 7:30 p.m. at Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas 75409, for the purpose of hearing public testimony with respect to the creation of a public improvement district. The calling and holding of the public hearing shall not obligate the City to create the public improvement district or take any further action with respect to such proposed public improvement district or any proposed improvements for such proposed public improvement district. Section 2: At such time and place the Council will hear testimony regarding the creation of the proposed public improvement district and the Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 3: Attached hereto as Exhibit A is the Petition for the Creation of a Public Improvement District within the City for the Hurricane Creek Public Improvement District. Section 4: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the "Notice"), the form and substance of which is hereby adopted and approved. Section 5: Attached hereto as Exhibit C is a legal description of the 368.2 acres of property to be included in the proposed public improvement district. Section 6: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City and to mail a copy of said Notice to all landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall provide such Notice before the 15t" day before the September 23, 2014 hearing. Section 7: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this resolution without the invalid provision. Section 8: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 2"d DAY OF SEPTEMBER, 2014. ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary Clark McCoy, City Attorney HURRICANE CREEK PID PETITION PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF ANNA, TEXAS, FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT This petition {"Petition") is submitted and filed with the City Secretary ofthe City of Anna, Texas ("City"), by Villages of hurricane Creek, LP, a Texas limited partnership, and Don Collins, individually, Ted K. Tedford, individually, and Steve Cameron, individually (collectively, the "Petitioners"), who collectively own all of the real property located within the proposed boundaries of the District, as hereinafter defined. Acting pursuant to the provisions of Chapter 372, "texas Local Government Code, as amended (the "Act"), the Petitioners request that the City create a public improvement district ("District"), to include property located within the City (the "Property"), more particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition, the Petitioners would present the following: Section 1. General Nature of the Authorized Improvements. 1fie general nature of the proposed public improvements (collectively, the "Authorized Improvements") are: (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) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (vii) 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 tine Property. Section 2. Estimated Cost of the Authorized Improvements, The Petitioners estimate that the cost to design, acquire, and construct the Authorized Improvements, together with bond issuance costs, legal and financial fees, credit enhancement costs and costs incurred in the establishment administration and operation of the District is $30,000,000.00. Section 3. Boundaries of the Proposed District. The District is propoed `td ne ode the Property. Section 4. Proposed Method of Assessment, The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the cosh on property similarly benefited. All assessments may be paid in foil at any time (including interest) without penalty, and certain assessments may be paid in fit Hurricane Creek PID Petition annual installments (including interest). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Section 5. Proposed 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 and from other sources of funds, if any, available to the Petitioners. Section 6. Management of the District. The Petitioners propose that the District be managed by the City. Section 7. The Petitioners Request Establishment of the District The persons signing this Petition requests the establishment of the District are duly authorized and have the corporate authority to execute and deliver the Petition. Section $. Advisory Board. An advisory board may be established to develop and recommend arr improvement plan to the City Council. The Petitioners propose that the District be established and managed without the creation of an advisory board. Section 9. Landowners. This Petition has been signed by (1) the owners of taxable meal property representing lOQ percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district hi which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute 100 percent of all record owners of property that is liable for assessment under the proposal, or (B) own taxable real property that constitutes 100 percent of the area of all taxable real property that is liable for assessment under the proposal. This Petition is hereby filed with the City Secretary of the City, or other officer performing the functions of the municipal secretary, in support of the creation of the District by the City Council of the City as herein provided. The undersigned request that the City Council of the City call a public hearing on the advisability of the Authorized Improvements, give notice thereof as provided by law and grant all matters requested in this Petition and grant such other relief, in law or in equity, to which Petitioners may show themselves to be entitled. 2 Hurricane Creek PID Petition w ci2 , �EAu 24i4, i2FSI'FO+L'.'!'iri7f.T:1� SUNIv11t'T�L�, oti it1}S t1�e , ; ° ..y . $pis flWPdEii� B}Ft.�}roa:Cbltiiui�, ifs:'Ni�i�e�Y;zd' NGrtir�rf�Ci'eeiC, i�lq�Vi!f}tf+Yn: s: EXHIBIT A TO PETITION LEGAL DESCRIPTION ur 368.2 ACRES .... _ a I.£n.- & illages of Iiarrao ne Greek; _, Exhibit `A" :. FI. IF>gIription_�at 368$ Acrs,±bf ),and:`:..::_ . I. . BIstNG alt thaE cette.n, t a . land ttuate �n then Joseph $oyte;Survey, Abstract Number 105, : the Jp 4n CkOffinan Surrey, Abstract Nut. N .. 99. the .t M.-Kineade Survey; Abst ,a Number 5Qg. J >1N Mitolel Survey, Abetrect Nurrtler 605# W..13attan Survey, Al�stract;Number fi.,52 : and -the .- t'2attari_Syr.v Abstract Number 785, Colhn County, `texas and 1;ejng all of a caned - 26,Z 4 -'ciao tact as desgrabed try deed fp ulllages of Hurricane reetc, t P=repot ted in 1(olume 543q, F age 38t?4 of uunty Records Colfi Ci iWhty, `te,Xas and-be!rig:part of a galled 114,252. acre of an e(escribed by etee� to bon Ceti!ns, st ag recorded in Volume.525I 1 fya a .,F _ of. said Cnanty.Ff gords:and ;keang more partioutariy"descrifaed:!}y:tt etes' and: bpuode as:fol►ow d �L I I IlNG at:the southeast corner of eald 2 I41:ac ..Iraet, �n the weet.line of saki '114.252 -ache trt ,;..:. .; -: I. T 1 1 _$89°54'2 - t ,.2887 84;feet tiE tC t-OQ°04'2fi"V1G 38TZ' leot ' . .,.: ..... _ F.I. A0IN0%S Pi Bg'v8�4 yV Z.I fleet, 5 i` t t 14 t " ,t1 t8.q +1 .-fact y:;fi V' .. s.!'h 4o,Gc2'^17 i.I I i.l a�iif itr i. a +t<! v608r2y"fit, 47 tit n 4 {Cc II 2c 4ai-�: t4Af+t F1. d°Y41'3J ,LIw�'.F„IvttitFt. .. .. ` ?, i,t3S v°55"f6 Wit, L z v '}� N 8sA 5"� ,74F. fet�ir V _T �1 9Q°flEr'pME iYMI fl #eef #0 3h�e ort►�a st co> nex ofi said 2fi2 49 here iraai of land 1 sand bejfI4 t#-1 t�drthwesf obrner of anti 7i 252 here ti ;, _ _ `-,. F _ 4f N.Wrtp . _. .4 a .1. a . I +ssy ) mI 'n71�-% r 's%�-QOfFILD�sx�°Sv.i F�J'G �l.$'.�98t _ :\' 46n - _ M1 .. -' - , x T fi4j±t 1°Otx3 " 5 g> det fb thO�. 9g eingtpf a a�rrveto the r♦gtif,.. ,•.... - III 1iEwt# sentarye to iberigftt, a aro dtan Qt 2Q5 3%ef, thtQh a central �ng(e of II .� 4T , h �It a ��ps pf 7{�Q Q0 feetr #tie ions 0 v�i�1 1 e 5 t7 ( 4 " , , - s5 fi T f_ IIII �k 3 t� 4F Y - - U1H�tttll: r;�R42D W12iit feet,Felt ....� _ 1.,. - ,.I. _ . . :....... :-_,.% - I >: = AF . .. Vil Iage� t�firr rH cache creek Exhtt3it "A„ .: I1 ' FH N with :said curve to fhe;lefi, jart'are diitanO of 205,39 fleet, thcqugkt a centra.VI 'angle;of : - 16°4g'4 °t h A ,% sftiu of 700 00 feeet, the IQr►g chofd<which_bea�s'S 07°17`41:"W, A I Ad 6 AA -A-A A -AdI&AA.A .A AAA.AAdFAFAAAFA:I feet; . -: - -HENCES:0:1�06'.38IE:, 201 55 feet, AAA _:::.....::.... - ....1. ` XHEtEwfth.sid aurva to the tight; ataarcd�stat?Ce af:a:IE?.43 feet;.tEirough.a:cen#rai an�Ie, of • AA 09°81'48!" haying a r dials of 499 99 feet the :long chord.wh�ch:bears 03°39'1ISM 11 30 AA AA IAAFAAAA A#eI .. . THNCES 08'25.097W 393 8ti:#eet;' . ---. :. -.. ... . TIiENQE with said cuive to the left, an arc di tahcA of 101 ti8 feet, through a. certtraf angle of . A 1. i23", h4Ana C'adluo of 1 03 feet the loh aftord wtiich:beaCs 8:04°15'28"W, :101.6Q IV-:' _:::< A- : TM# Rl S_ ,0°,Q5'44' USIf 1 Q3 :62 feet _` tj t�l 1; +ith saf�i 4urve t4 the nht, art sro d�stenc8 of 530 6 #eet throw h a Gentrat ngle of r ? 4 "? havtri0 a radius ai 7OD Oil fee#, t}ie lag ahofd:v4h�cheer5 S 21`4i'0°W, 51;k30 AAA FI ` feet _nt AAAAAA :`� t TC t YI Sala eurv2 tR Fight; an arcs ttisiaflce ofzv 4A felt; #hrvtrgh a *trtraf Angle of .AAAAAAAI Wx !,+1$$1llh tvin a ray�Wi A I A0 feed, the #nng oh4t _u�hi�h t3eers . q�4�0 2"W, 25 41_.feet,•, IIAAI IAA AA IIA AIAAI AA �7'A �4�# 5i?' do &5.b5 feet; L '- — I4i IRA l "56111l2 $Q t o i%e t u ff $e tlning and eoittafning 16,03?, 7 4 i "Dr 6B.aecewoftarid mein of fees_ �t..:.:.::,,:..,,..... .:....::. - - - - IF •fi:: w . i:.::. . .4"`fitii94tt�ntvcias'0tegaredu0deC227CE5321.kc�berMriefigetlfieresItSQfanbiltheground 1 V iittkY YW.Andy 'W%46) yl eO Cbnv y or est;3blis aritere3ls te�(properEy e�cc�ffY tn4Se t)ghts and A Owes�s izAikd 4r estapJ O efl l by fhe tea +ocs c rrecon#iga�ation Qf #1i�l,brthdary sit t .. political sAS1rtiaA fpr 3n!h�ctt eras prepared : -_ - h 4r�eIT ; Ad 9 _ a I tAM¢.MARK ktilTi41#ikClC X t M • lt,.yl,{ it e . L yy.�. Y S!. . n.>. :..: .:�yr .: 't . _: - Y -:e .\: - - ;t ...:. - - AA r. LAAI FA A. AA AII >: AT ;� . AA A I. '.. I IF I IF _ _ A A. .A AI I A. . . :; - CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City of Anna, Texas ("City") City Council ("Council"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by Villages of Hurricane Creek, LP, a Texas limited partnership, and Don Collins, individually, Ted C Tedford, individually, and Steve Cameron, individually (collectively, the "Petitioners"), requesting that the City create a public improvement district (the "District") to include property owned by the Petitioners and further described herein (the "Property"). Time and Place of the Hearing. The public hearing will be held at a meeting of the City of Anna, Texas City Council to commence at 7:30 p.m. September 23, 2014 at Anna City Hall Administration Building, I I I N. Powell Parkway, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") are: (1) 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) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (vii) 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. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements is $30,000,000.00, which may be modified to conform to actual expenses. The City will pay none of the costs of the proposed improvements from funds other than such assessments. The remaining costs of the proposed improvements will be paid from sources other than the City or assessments of property owners. Proposed District Boundaries. The District is proposed to include approximately 368.2 acres of land generally located north of FM 455, west of Interstate Highway 75, and east of the City's western city limits as more particularly described by a metes and bounds description available at Anna City Hall and available for public inspection. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest), and certain assessments may be paid in annual installments (including interest). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost 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 and from other sources of funds, if any, available to the Petitioners During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. all v Up 'I 15ALIN LEGAL DESCRIPTION OF 368.2 ACRES ;;,... - _s: _ - _ at :. ,_ t &V-,,, c ea of Hurricane Greek :' . .- . . . .. ..- - ....- - .. _ a ..:.....,........ i:.: ... .:....._ ., .... 4 ...... Qesprlplign of 368 2 AcrBs of Land _.., , BEING'aII that certein tracf of land;sjtuated itt then Joseph`BQyle Survey, Abstract Nfimber ..105I. the John Geffman 5yr?iBy, AbstradtNumbe} 1$7 the J fill .+Heads. Suryey,:Abstract C�timber Q i. lni N� 0% I SUrvgy Absin Num 1 er,55 :thp. W; aRattan Survey, Abstract Nurrrber752 . Q2i tl% T Rattan Survay, Abstraet v bOr 7$5 Collin Coun4y Texas and be►n$ II.af a called '4f2 41=,qci,e txa �t as descnb,od bl deed to Villa$Qs of Hurricane Craek, t P recorded in Volsame 543Q :Page $864 of County Rdeords 061rjn Coot Tsicas, and being earl bf a cdllecl 11r 252 acre if land describecikydeed t6 Doh:ColI ns, ei ai recorded in Volume 5257, Pe e.$$77 of .. e td 4I Recz�rds and Eyeing ;more particu(ariy described by irletes a►id, bounds; as falto -a- 4.1 =-, f3t;Ca1.IVNtHtis at:the southeF.ast:carner of:saidI. 262.41 adre.tract, in at e•west_II of:sal i 1A- 112 FF:4cre�trac4.t - 0 N>rN E S J°54�2 UVI. , 26974. ;84:feet;. . r e. ggti06�fi1'OpQI626"vY� 3 15 m --aj�pIl'I."� pl,� au t FR_ar "NtrF+ N.$Dp$;27 tN5 47 het, V - T - z LI $9�52r�5' r; -4 06,- I be t ti E Stat3e%F :i'I 4.CW5.57 attt,tlt riQrt� st C4sm t of said 262 41 reiraetof land FR.w IK>g� 'hRr#t!vi(est can' erof field 114 252 afire tracEi,' ' °rX ; _ i NCEdV 89° 11� ,, 4 OQ t _ k 3 — CLa T�'tA'NC 19 V0!I3J'V YY-1 .'Gj+- I 4l- �Qlp _ '} ,I ft � $ .t'i8`12"E; a.184 36 Eee# x,, It s 1 4¢> S Q T 39st 55fJa RaR, to W..a tr►Yririg of a aarva to the r+ght, .; i .� , F Y i 2 1 +F7: M' %�AtF[ kid- uty t.0 tb4 dgE�,t� err, , 4*1sWRG- Of ,, 9 f$Yetr fh ugh 4` ntfs'�. 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"CF( i, CF With:_saiif cutve'4o file left, an are cll; tpnce ofI01469'feet,.through.a sentraLangle of ; A. ` 184M9N13" having a radius of 700 08 feet;=the Ign9 chor -.which bears S.04'15'28'W; 101;60':. feet; .,:_ .:._,,., THENCE S 0.Q -OV44 V1�, 1035.62,feet '. . ,,.... -...,: .. _.., -: lruith said urns fo the i9ht, an ark distanee bf 530 S1 feet; thrauglN a reittra) angle of „'. e4�-y'W�a� $4 +2 ; lta ti efra t- tff fl0 ire teef,:tt5e Iohge�t�rd which bed 5 21 °4Et - ,OW ;5 j 8 00 �i 8t Y z. . i ti . _ ; : _ F ] lst+ 49°3 L3Yet_2 % 3 Peet r.} _ I. _:: - 1::y :: - - _ __ : :__.1 FIT,:-'' - - - I Fflog ritf�said carVe'iatj�s.pght, an arct3istancwofI A. f fee# ttrrou0it a Cer►tral eng7a of :Y00 0 WtB"„h�girig a tAdiile'of400,00.4 t,,th� 1 A%aa: fiord �irhich trig rs 5 1,3°4Q;0 "1 t; 25 4t feet y� Ct r Ifi 1, E 8R44'.50'.Y Yr f 04.0at, L N `t- 150° W`1 i4 F 80 tirtnPoint of Qeginntit �nricontaintn� - .$ -F , 7B ar...g. W€ sir ; of lani rhdre of tads Y7fusrta�ume ,asrepaieb ii ft �Z�A� f63t��, d©estilt te�e�t the resntts afaq Qn tfae p�round = ��fYsyx abet 1.4 rtsdxIT, be used taxoi�geyor'� tabtishi►itere3ttilh ,dal p apfrty except hose rightsand �pt'e1e� iir3pHet� o ,ON lfstf � i �tl�e �reatTon or recb>�figura�on of the kt4uridary.of the pbi♦tical ,, .,:j.: '- s pxlf isionfarwhictrif_yiastZrEpalm ..:..a- -c.:. _ ::,._ :.:,:a,. .., . _ -.. :;.; ,. .:::,.., , :.. ,...:.,..:,:. . :: _ :y >:- _ _ .... ....: ,. ,,., -, __ ,.. - - - - - - .,•, 13 _ .. - tl Qi5 T- �7. �L } i } �Ata i�+RK ila g4 Ack vi,, IFF, - r i,- y9 8, q �xj Dgi�tfl - ., - - -• - ?' _% _ I -........, r PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF ANNA, TEXAS, FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT This petition ("Petition") is submitted and filed with the City Secretary of the City of Anna, Texas ("City"), by Villages of Hurricane Creek, LP, a Texas limited partnership, and Don Collins, individually, Ted K. Tedford, individually, and Steve Cameron, individually (collectively, the "Petitioners"), who collectively own all of the real property located within the proposed boundaries of the District, as hereinafter defined. Acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), the Petitioners request that the City create a public improvement district ("District"), to include property located within the City (the "Property"), more particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition, the Petitioners would present the following: Section 1. General Nature of the Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") are: (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) as(iv) above authorized by the Act, including similar off -site projects that provide a benefit to the property within the Districts (vi) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (vii) 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. Section 2. Estimated Cost of the Authorized Improvements. The Petitioners estimate that the cost to design, acquire, and conshuct the Authorized Improvements, together with bond issuance costs, legal and financial fees, credit enhancement costs and costs incurred in the establishment administration and operation of the District is $30,000,000.00. tl\ Section 3. Boundaries of the Proposed District, The District is propo � t6 n Me the Property. Section 4. Proposed Method of Assessment.` ' t The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest) without penalty, and certain assessments may be paid in 1 Hurricane Creek PID Petition annual installments (including interest). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Section 5. Proposed 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 and from other sources of funds, if any, available to the Petitioners. Section 6. Management of the District. The Petitioners propose that the Dishict be managed by the City. Section 7, The Petitioners Request Establishment of the District. The persons signing this Petition requests the establishment of the District are duly authorized and have the corporate authority to execute and deliver the Petition. Section 8. Advisory Board. An advisory board may be established to develop and recommend an improvement plan to the City Council, The Petitioners propose that the District be established and managed without the creation of an advisory board. Section 9. Landowners. This Petition has been signed by (1) the owners of taxable real property representing 100 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute 100 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes 100 percent of the area of all taxable real property that is liable for assessment under the proposal. This Petition is hereby filed with the City Secretary of the City, or other officer performing the functions of the municipal secretary, in support of the creation of the District by the City Council of the City as herein provided. The undersigned request that the City Council of the City .all a public hearing on the advisability of the Authorized Improvements, give notice thereof as provided by law and grant all matters requested in this Petition and grant such other relief, in law or in equity, to which Petitioners may show themselves to be entitled. 2 Hurricane Creek PID Petition RESPECTFULLY, SUBMMUPI c 't�sth `o948. , :MJ;+ .f3 �ii'rrlCa)1'e'cfee� ��p'��,t'itlt�n� _ it Villages of Hurrbne Creek: Exhibifi FII "A" 1I%FLIIL LII ©escrilpt�an of68 2 Ages of Land BE(NG all tha# certain tract of land situatedn then Joseph Boyle Survey, Abstract Number 1FNI-IIFIN 05, the .John Coffman _surrey, Abstract Number 197 the J I Kiricade Survey, Abetr�ct number. II tII II AIINI II II III lIIIlIFN 5Q J W.;Mttehel Survey, RbtractNumber 565 the W, rattan Survey; Abstract Number 752_ and: Elie Tom=:Rattan Survey, Abstract Number: 755, Collin County;` Texas and b.ing: III of a called 262 acre tract as desor�bed by deed to Villages of Hurricane Creek, LR r corded m Volume 543.0, Page 9864 of County Records; �olliri County+ Teas at�d-being pari,of a called 114;252„_ acre of land described fy deed to Don Coiiins, et al recgrded in;Valume 5257, i'a�e 4877 of said County Records and being more part�cular1% deseribeed by_ metes' and=.bqunde as follows: BEGINNiING at fhe southeast_corner:af sand 262 41 acre tract,; in the west line of said 1414252 a�r�: t�acf _ '�t�EiVCE S $9°�4'24''V:V, 2687 84 feet; THI*Nl~N 00°04271N, 387 21 feet; f�189p58'14'�i11, 849 21 feet; - - - IINIt Gf1L�N°��.72'a 67 47 fP+etr. _ - - _ - _ - _tc-52�5°E; 465 63-feet,: _ _ _ _ 2 't-l#+lCi 8� 15��2"E; 742 55 feet, 3 * r -1C>i: S 9ba04'flf°E1755 97eef #o the northeast corner ofatd 262 �1 acre tract of lend a�hgztha n►ihwest comer of sled f4=252 acre tracf, 4 D64eety= - NCVS 00t0'57"USE, 23218-fee#; _ _ - Tt�EtCIE N $9°5ti12", 1184 36 feet, _ - _ ;39"E 55 96aet fo the begmnmg of a curve to the rght, G_, with said curve to the ghf = n arc dastanca of 05 39 feet, throdgh a certtfal angle of ta'l� having a radius b7t0J713feet,the long_chordeNlaIch,be��IIIIF _t1'III1& - \l�11 of Hurr"(cane Creek' :Exhibit "a,' . . TH€NCE with saitl curve to th_e left, an arc d�stanae of 2Q5.39 feet, thr-c2ugh_a central angle of 16°48'4�1° having a radius of 7p0 p0 feet, the long chord:_whioh bears:S 07°1:7'4i"1N, 204 65 feet, - TIiENE S 01 °0_.5'39"E; ZO 1.55 feet; SHE 14� with seid curve to the nt . an arc d�stat ce of 116 43 foet, through a central angle of :: 09°31'48" haying a radius of 699 99 feet,ahe longrch6rdwhit _be rs 03°39'15"W, 'i 16 30 feet; - THENCI= S 08VV09"W 393.86 feet; THENCE with said curve to the left, -an arc isIt a of 1t 69 fleet, through a central angle of 08°19'23";:having a radius of Z00 03feet, the long chord which bears S 04°15'28"1111, 101.6p. feed; T-- 00°Q5'44"U1/, 1035 62 feet, T#1EN E v�r�th said curve #o the r,ght, an ara distance of 530 61 >feet, through a central angle of 43° 5 2 `hav�g a radYus of 700 {�0 feet, tf a long_chord _w Bch bears S 21 °48'40VF- 518 fJ0 = feet= - - - _ T#1NE S�13°3iS7�Ty, 241 38 feet,= _ - - - - - _ _ 1{1Eri IF v- -saitl tlurve-t4 #te right art arc distance of 25 41 feet, through a�entral angle of 0-612'4�", hevirrg a radtus cif 4fi0 O�-Meet, tFie (ot�g,chord w�trch -bears 5 43°ti'02"V11, 2v 4'I fast, t - - - - _' �H 89°44'S(i'�lN, 655 06 feet; _ - �, - - G - 'I li � 00�56�-11"E, 2F65 80 feefi o the Pont of B+�g��nin :and cort#a�t��r g '16,Q ,�78 =� - g a1IF feed b►� 3 .8 acres r l nd adze r�r ess _ _ "T>h�s dn�umnt vuas prepared under 22 TAC 653 21, does nb#:reflect-the results of an ont(e ground survey, and is �otr o be used t� convey Ul est9 Add interests ►n reel { ro erty except thn a "rights and tr leT is tr plied Qi established bathe crest. a or-reconb�uration of_the bo tnoary tfthe political.; sp0dwlsv for which �t was prepared " _ Y = - -� J - __ r , ..� .. fi_sn. .. yeti ' Exhibit B Property Depiction The Villages of Hurricane Creek consists of approximately 368.2 acres of land generally to the north of FM 455, west of US Highway 75, and east of Anna's western City limits.