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HomeMy WebLinkAboutRes 2022-08-1237 Approving a Preliminary Service Plan and Assessment for The Anacapri PID - Setting a Public HearingCITY OF ANNA, TEXAS RESOLUTION NO. =n g ( =1 6 1 A RESOLUTION OF THE CITY OF ANNA, TEXAS DETERMINING THE COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE FINANCED BY THE ANACAPRI PUBLIC IMPROVEMENT DISTRICT; APPROVING A PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN, INCLUDING PROPOSED ASSESSMENT ROLLS; CALLING A REGULAR MEETING AND NOTICING A PUBLIC HEARING FOR SEPTEMBER 13, 2022 TO CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY LOCATED WITHIN THE ANACAPRI PUBLIC IMPROVEMENT DISTRICT; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLLS WITH THE CITY SECRETARY TO MAKE AVAILABLE FOR PUBLIC INSPECTION; DIRECTING CITY STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. RECITALS WHEREAS, the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended (the "Act") authorizes the governing body (the "City Council") of the City of Anna, Texas (the "City") to create a public improvement district within the City; and WHEREAS, on April 12, 2022, the City Council conducted a public hearing to consider a petition received by the City on February 15, 2022 titled "Petition to Establish Anacapri Public Improvement District" requesting the creation of a public improvement district; and WHEREAS, on April 12, 2022, the City Council approved Resolution No. 2022-04-1140 (the "Authorization Resolution"), authorizing, establishing and creating the Anacapri Public Improvement District (the "District"); and WHEREAS, the City authorized the creation of the District and funding up to $58,000,000.00 in costs for the District to finance certain public improvements authorized by the Act for the benefit of the property within the District (the "Authorized Improvements"), and WHEREAS, the City Council and the City staff have been presented a "Anacapri Public Improvement District Preliminary Service and Assessment Plan", including the proposed assessment rolls attached thereto (the "Proposed Assessment Rolls") (collectively, the "Preliminary SAP"), a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes; and WHEREAS, the Preliminary SAP sets forth the estimated total costs of certain Authorized Improvements to be financed by the District for the initial phase %J development and the Proposed Assessment Rolls state the assessments proposed to be levied against each parcel of land in the District as determined by the method of assessment chosen by the City; and WHEREAS, the Act requires that the Proposed Assessment Rolls be filed with the City Secretary of the City (the "City Secretary") and be subject to public inspection; and WHEREAS, the Act requires that a public hearing (the "Assessment Hearing") be called to consider proposed assessments and requires the City Council to hear and pass on any objections to the proposed assessments at, or on the adjournment of, the Assessment Hearing; and WHEREAS, the Act requires that notice of the Assessment Hearing be mailed to property owners liable for assessment and published in a newspaper of general circulation in the City and in the part of the extraterritorial jurisdiction in which the district is to be located or in which the improvements are to be undertaken before the tenth (IOth) day before the date of the Assessment Hearing, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AS FOLLOWS: SECTION I. THAT the recitals set forth above in this Resolution are true and correct and are hereby adopted as findings of the City Council and are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. THAT the City Council does hereby accept the Preliminary SAP for the District, including the Proposed Assessment Rolls, a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes. All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Preliminary SAP. SECTION 3. THAT the City Council hereby determines that the total costs of the Improvement Area #1 Projects (as defined in the Preliminary SAP) to be financed by the District are as set forth in Exhibit 13-1 and the total costs of the Improvement Area #2A Projects (as defined in the Preliminary SAP) to be financed by the District are as set forth in Exhibit 134 of the Preliminary SAP, which costs do include the payment of expenses incurred in the administration of the District or related to the issuance of any bonds. SECTION 4. THAT the City Council's final determination and approval of the costs of the Improvement Area #1 Projects and the Improvement Area 42 Projects, or any portion thereof, shall be subject to and contingent upon City Council approval of a final Service and Assessment Plan which will include final Assessment Rolls, after the properly noticed and held Assessment Hearing, SECTION S. THAT the Proposed Assessment Rolls state the assessment proposed to be levied against each parcel of land in the District as determined by the method of assessment chosen by the City in the Authorization Resolution and as more fully described in the Preliminary SAP, SECTION 6. THAT the City Council expressly defers the levy of assessments against property within future phases for phase -specific improvements that will benefit only the property within each subsequent phase until such time as the costs of such phase -specific improvements can be determined with certainty as referenced in the Preliminary SAP. SECTION 7. THAT the City Council hereby authorizes and directs the filing of the Proposed Assessment Rolls with the City Secretary and the same shall be available for public inspection. SECTION 8. THAT the City Council hereby authorizes, and calls, a meeting and a public hearing (the Assessment Hearing as defined above) to be held on September 13, 2022 at 6; 30 p. m. atAnna City Hall, Council Chambers, 120 W. 711t Street„ Anna, Texas 75409, or such other location as designated by the City and noticed pursuant to the Act, at which the City Council shall, among other actions, hear and pass on any objections to the proposed assessments; and, upon the adjournment of the Assessment Hearing, the City Council will consider an ordinance levying the assessments as special assessments on property within the District (which ordinance shall specify the method of payment of the assessments). SECTION 9. THAT the City Council hereby authorizes and directs the City Secretary to publish notice of the Assessment Hearing to be held on September 13, 2022, in substantially the Form attached hereto as Exhibit B and incorporated herein for all purposes; provided however, that the location is subject to change as designated by the City, in a newspaper of general circulation in the City, on or before September 2, 2022, which is before the tenth (1Oth) day before the date of the Assessment Hearing, as required by Section 372.016(b) of the Act. SECTION 10. THAT when the Proposed Assessment Rolls are filed with the City Secretary, the City Council hereby authorizes and directs the City Secretary to mail to owners of property liable for assessment notice of the Assessment Hearing to be held on September 13, 2022, on or before September 2, 2022, as required by Section 372.016(c) of the Act. SECTION 11. THAT City staff is authorized and directed to take such other actions as are required (including, but not limited to, notice of the public hearing as required by the Texas Open Meetings Act) to place the public hearing on the agenda for the September 13, 2022 meeting of the City Council. SECTION 12. THAT this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED on this the 0 5141111i!!1/ !/ .N ° 0 V a 0.. Carrie L. Land, City Secretary %,,,�1<<l"��C` August, 2022. Pro-Tem PRELIMINARY SERVICE AND ASSESSMENT PLAN EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the City Council of Anna, Texas on September 13, 2022 at 6: 30 p.m.at the at the Anna City Hall, City Council Chambers, 120 W. 2"' Street, Anna, Texas 75409. The public hearing will be held to consider proposed assessments to be levied against the assessable property within the Anacapri Public Improvement District (the "District") pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended (the "Act"), The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (1) landscaping; (2) erection of fountains, distinctive lighting, and signs; (3) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights -of -way, including related landscaping, lighting, traffic control devices, screening walls and retaining walls; (4) construction or improvement of pedestrian malls; (5) acquisition and installation of pieces of art; (6) acquisition, construction, or improvement of off-street parking facilities; (7) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (8) the establishment or improvement of parks; (9) projects similar to those listed in (1)-(8); (10) acquisition, by purchase or otherwise, of real property or contract rights in connection with an authorized improvement; (I1) special supplemental and maintenance services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, roadways, public safety, security, business recruitment, development, recreation, and cultural enhancement (collectively, the "Authorized Improvements"); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. The total costs of the Improvement Area #1 Projects and the Improvement Area #2A Projects, including the costs of creating the District and issuing the bonds, is approximately [$3559141978]. The total costs of Authorized Improvements to benefit future phases within the District cannot be determined with certainty at this time, but shall not exceed an additional [$22,085,022]. The boundaries of the District include approximately 284.952 acres of land generally located immediately to the northwest, west, and southwest of Anna High School, located within the city limits of the City and as more particularly described by a metes and bounds description available for public inspection at the office of the City Secretary, 111 N. Powell Parkway, Anna, Texas. All written or oral objections on the proposed assessment within the District will be considered at the public hearing. A copy of the Improvement Area #1 Assessment Roll and the Improvement Area #2A Assessment Roll, (collectively, the "Assessment Rolls"), which Assessment Rolls include the assessments to be levied against each parcel in the District for the Improvement Area #1 Projects and the Improvement Area 42A Projects, is available for public inspection at the office of the City Secretary, 120 W.7`1' Street, Anna, Texas 75409.