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Home My WebLink AboutRes 2014-09-02 Setting PH Dates for PID Villages of Hurricane Creek.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-09-02 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 111 W.11 .11 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 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 Anna, submitted and filed 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 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 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 15th 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 2nd DAY OF SEPTEMBER, 2014. ATTEST: Mike Crist, Mayor Nat a Wilkison, City Secretary APPROVED AS TO FORM: Clark McCoy, City Attorney EXHIBIT A 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 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) - (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 eonfcr a special benefit upon the 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 $30,000,000.00. Section 3. Boundaries of the Proposed District, The District is prop) ddl C0Y1-alio the" Property. Section 4. Proposed Method of Assessment. ff.:$ �`" 4. •::1, •.� is 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 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 S. 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 teal 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 wi th 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. Hurricane Creek PID Petition 'IM31' 'TkU"1' S.OW ;stf to . "-AVoAugwt —2014. OWNEit9v EXHIBIT A TO PETITION LEGAL DESCRIPTION OF 368.2 ACRES .. •n it r. .. t-�c s .. ... T% t- 090 =8 IN trot'; v "lier'105 ....:..:....:... fv -.yte:--%iv- y,: � a . N rbb , :' - ttig _ )o n Cgffma trrxe ';:rX�bs raet t�(c�tnh r 197At r cE Numiaer y _Abstr Nw ibe B ; i = . t3aft00:: 'qN-?y':Abstrae#;Nurnbe`r °` ande, E�tfan S�nreY, Ablract Number 7$5; Qfi_'ountji,7exa'and be[�g all?n a called ` `::'X62:4 r ;;fCAGf:as tl sdr be : iy ee t4: llil ges_HurriGane0o6k, 1:P:rocoP ted=in:Volurrie• 543 �age�J864'o aitntyRa�ords, oUiri G:oirr�iY, `iaXfis �irtd#i ing par Ufa al16&1;14,2, k :. :acre bf.iac1 e(e$crib�dliyee b- p # parfiGiilarly described by tiefas:aridbound=sf.9liows: t l tJC =at �he:sociiheast coFner o :saC .`26 oro:ft 'ot, in the west.l�ne-of sai0l .1 —252 . . :.>fT ., . , . > ... ........ . . �":Ut1;,26'$784feet;- a'. _, "04'2T'Vif 38t:2.:l i{' : M1 _ FiC ' i� 0 1>'�:8. QVl $'G1 t •: #ri as.� .. ' a. �zt . �4. .a.. :T - 1yn - - - AiT -8 - ' e2 , d- It - • sl. . i- .s ON t f i� _ _ _ .��y F ,y 1.: - s _ _ r �4 :mss: i moot :d€�a d2$Z-4•��` .G ,t f t - ...::.._'�•s�-::r:::.,� ��9 : d = 2 .v t.t '�i i - LJr - --• - 'S.t „mac,:: _ ... _ ..:.vt:` e: 4_- '3x _'�.r is - �:1tii�,-r . tf.. h a 3H 5.: true gal;::' ;•e, f ,: 39fe'`f?.fair 1es'aEe�. ori' B U �>f - - - �= :F_-`�i' �s:.e :7�: � `<C[t�tfee:�'Y': e� �:n "`•.ISoz�°:Vithl �i��i`� :7_�x' _ ..�:...4 t i :t• - f. f - .:y--, :ice:: , e.);.✓.<t a _ - _ : - - —' :t •�' ��'�3`�;-4 D� .Sid eo - t- T 1S1C '.t78° 39386#eett- `T CE Wltli said., iiiv ,:to`thee 16ft an- r.;c ti 6t -Ce bf:1Q1r69-feet, thGough: 'central:angis;of : '• ,. - :.... . . ::..:., , he�iri�a radius of 7QO b3 fleet, th@ lol�g:choCdwh(ch:beafs;S;0:4 1528 W,(i`1.fiQ.: 'li ) 0.T44 W --:1035x62;: f .;`' `rut:::therf ht -a# ist':flcs t�#53[16:#eet=:t^ _au ti -a eiitra{.ati;aF::::'';°: y •?:::'• �•,'._: •0'ai0• �fee#�t sola �-�cho�� =v��ieti`f3.e -rs: ��I:!� p��N:.: : t:it��"�fs.'. n�2�. �-=t_of-#e'dat •i-it�a'n.�e-f}•o;,i..: :Z�;' _`s.�4.'i`i 1.f�.t.3B�e?.. #io�f,(a.I� _��,jjfe X1'9 •=��' �:��: tis P�iri��'� - d `ti 7` fi,�;t1� 56__ ,�:t#4fe� . fo;., u g€tr�1n9,`:�-;_ u.. t nt • 9. .,.. ,�� rid;' : a p - - - oe E:: -2 c:"so r sr : �� $ � E f IB rl'tA Q $ P f ::`fitii�",��-o'- �r�f. ast��f: •�r�ti=ri'`d>C:2� +��.G ��2�:' e�rl� ..i. �h. s. f��i: __tL'tl1_.�ho . 'o -t' ne ` lis.'a +ta:r striae •`r'o' eiE` >ex :f `exi ts'a rile des; # toi°'tis .,r nvir .. r=..,tb...,l�..n.e:g.., s.. l,p Y.: #x.:.:.._ g-.. _.' Stip,. :t1�_:. _Y.:_ �? = -O •% : ;- 'a'.recortf Cori' fthtet b-4 htieal; M& s 1i 1 #ie r. cia 'r t ►id ,.•;,�. Y- P:_ iv c ° �ilv re' ar. c1- , - - - � •rte[. � _ -F3:- _ 1 ' - 1 G. + _ ..yn. i .-.i.. - - _ --ati�:�:: :iinilriaii�: `i:1.i•'��i:'�' HI f .ieF•� 1� - .3;• _ ,,( a. r' - - - ire• - 'S - t, _ 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 of Anna, Texas ("Cfty") City Council ("Council"), will hold a public hearing to accept public comments and discuss the petition (the "Petition'.'), filed by Villages of Hurricane Creels, LP, a Texas limited partnership, and Don Collins, individually, Ted K. 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, 111 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; (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. 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