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HomeMy WebLinkAboutRes 2018-10-497 PH Dates for VHC PIDCITY OF ANNA, TEXAS RESOLUTION NO. 4QZJ-LZ4gZ 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 HEARING. WHEREAS, the City of Anna, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act"), to create a public improvement district within its corporate limits; and WHEREAS, on October c�3 , 2018, CADG Hurricane Creek, LLC, a Texas limited liability company, the owner of (1) taxable real property representing more than 50 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 owner of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal (the "Petitioner"), within the corporate limits of the City, submitted and filed with the City Secretary of Anna (the "City Secretary") a petition ("Petition"), attached as Exhibit A, requesting the establishment of the Hurricane Creek Public Improvement District for 368.2 acres of property within the City (the "District"); and WHEREAS, said petition described public improvements that the property desires to be made within the public improvement district; and WHEREAS, the City Council of Anna, Texas (the "City Council") will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and 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; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 151h day before the date of the hearing, and written notice must be mailed to the current address of each owner, as reflected on the tax roils, of property that would be subject to assessment under the proposed public improvement district; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on November 13, 2018 on the creation of a public improvement district; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section l: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. Section 3: That a public hearing is hereby called for November 13, 2018, at 7:00 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 advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. .Section 4: At such time and place the City Council 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 5: 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, which includes a metes and bounds description for the District. Section 6: 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 7: 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 8: 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 Notice on or before October 26, 2018, which is before the 15th day before the November 13, 2018 hearing. Section 9: 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 City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: 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 23RD DAY OF OCTOBER 2018. ATTEST: APPROVED: Carrie L. Smith, City Secretary s\ OF �Ajq,,,'� Nate Pike, ayor ,,.....Nti''% EXHIBIT A Petition for the Creation of a Public Improvement District 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 CADG Hurricane Creek, LLC, a Texas limited liability company, owner of a majority of the real property (the "Petitioner") 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 Petitioner requests that the City create a public improvement district (the "District"), to include property located within the city limits of the City (the "Pro ert "), more particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition, the Petitioner would present the following: Section 1. General Nature of the Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (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) special supplemental services for improvement and promotion of the District; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vii) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) 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 estimated cost to design, acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment, administration, and operation of the District is $30,000,000.00. 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. Section 3. Boundaries of the Proposed District. The District is proposed to include 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 in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). 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, other than from assessments levied on the District, and possible tax increment reinvestment zone revenue. No municipal property in the public improvement district shall be assessed. The Petitioner may also pay certain costs of the improvements from other funds available to the Petitioner. Section 6. Management of the District. The Petitioner proposes that the District be managed by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District. Section 7. The Petitioner Requests Establishment of the District. The person signing this Petition requests the establishment of the District, is duly authorized, and has the corporate authority to execute and deliver the Petition. Section 8. Advisory Board. The Petitioner proposes that the District be established and managed without the creation of an advisory board. If an advisory board is created, the Petitioner requests that a representative of the Petitioner be appointed to the advisory board. Section 9. Landowner(s). This Petition has been signed by (1) the owners of taxable real property representing more than 50 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 more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 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 Petitioner may show itself to be entitled. RESPECTFULLY SUBMITTED, on this the 19th day of October, 2018. PETITIONER: CADG Hurricane Creek, LLC, a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company Its: Member By: MMM Ventures, LLC, a Texas limited liability company Its: Manager By: 2M Ventures, LLC, a Delaware limited liability company Its: Manager By: - '-/ '4 �/ "—/ Name: Mehrdad Moayedi Its: Manager STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the � day of , 2018 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, a Delaware limited liability company, as Manager of MMM Ventures, LLC, a Texas limited liability company, as Manager of CADG Holdings, LLC, a Texas limited liability company, as Member of CADG Hurricane Creek, LLC, a Texas limited liability company, on behalf of said company. Ill1"B SHARON JARRELLS �V J �Pfty Notary Public, State of Texas Notary Public, State of exas 9 F Comm. Expires 08-23-2022 ''!i°; Notary ID 131695192 I W.14 so ttam LEGAL DESCRIPTION 368.2 ACRES BEING all that certain tract of land situated in then Joseph Boyle, Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M, Kincade Survey, Abstract Number 509 j. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 ancl the T. Rattan Survey, Abstract Number 785, Collin, 6urity, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, ?age 9U4 of County Reccirds, Collin County, Texas and being part of a called 114,152 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows-, BEGINNING at the southeast corner of said 262.41 acre tract, In the west line of Said 114.252 acre tract: THENCE S 8905424"W) 2687.94 feet; THENCE N 00004'27 N W, 387.21 feet; THENCE N 89"58'14"W, 849.21 feet; THENCE N 03$33"44"E,1.1,88.00 feet,, THENCE N W26126"W, 365,15 feet; THENCE N 2YOW27"W, 67.47 feet; THENCE N 02' 48`15"E, 1930.11 feet; THENCE N 89*52'55"F, 465,63 feet; THENCE N 89"15'32"E , 742.56 feet; THENCE S 9000OU!"'E0 1755,97 feet to the northeast comer of said 262.41 acre tract of land and being the northwest comer of said 114.252 acre 7--ract; THENCE N 89'11"00"E, 794,06 feet; THENCE S 00010'57"W, 232.19 feet; THENCE N 89°56"12"E, 1184,36 feet, THENCE 5 01006'3911, 55,96 feet to the beginning of a curve to the right; THENCE with sold curve to the right, q n arc distance of 205,39 feet, through a central angle of 16*4841" , having a radius of 7W= feet, the long chord which bears S 07 17"41"W, 204.65 feet; THENCE S 15°42'02" ,12160 feet; THENCE with said curva to the left, an are distance of'20539 feet, throuth a central angle of 16"48'41" ' having a radius of 700.00 feet, the long chi - ears S 0n 17'41" 204-65 feet, THENCE S 01006'39-E, 201.55 feet, THENCE with said curve to the right, an arc distance of 110,43 feet, through a central an f.le, of 0903J.'48'"." 48, having a radius of 699.99 feet, the long chord which boars S 03 `15"W, 116.30 feet, THENCE S 08-25'09''W, 393.86 feet-, T14F.Mr-€ with said curue to the left, an :err d1rt i ince of 101._51q feet, through a central angle of 08019'23", having a radius of 700.03 feet, the long chord which bears 5 04 1428"4W, 101 - 60 feet; THENCE S 00-05'44"W, 103&62 feet; THENCE with said curve to the right, an arc distance of 53(),6 1 feet, through a central, angle of 43025'52', having a radius of 700,00 feet, the long chord which bears S 21 48140-W, 518.00 feet; THENCE S 43031'37"W, 141-38 feet. - THENCE with said curve to the right, an arc distance of 25.41 feet, through a, central angle of 00002'48", having a radius of 400,00 feet, the long chord which beam 5 43 40'02"%W, 25,4. feet; THENCE N 89044'50"W, 655,015 feet; THENCE 5 00"5 W1 I'T, 26.5,80 feet to the Point of Beginning a nd cont a 1 ning 16,037,3 78 square feet or 368.2 acres of land more or less. N 89"52'5-r%'E 465,63' N23'08'27'W 67,47' — N80'26'26'W 365,15' "67, l''T'271W EXHIBIT B PROPERTY DEPICTION N89"l VOWE L--.VS00'10'67"W 56, 390100WE, 17q5,q7'Ntjq,56,12'*'F'1 -,-- 1 94.3V _ mmmlw� Sol . 261TE R=700.L'M' 55.96 =205,39' - D=16'4M" C8 --57'17'41'W Cf) --204.65 ri'42'02'1V, 121,60, -- - p In R=700,00' =205.3W 0=16*48'41" CD CB=57'17'41'W CD=204R5 R=6699,99' =11=116,43' cB=s3,38`15,,W CD=1 16.30 R=706,63' =101.6q' C& --54415'28'W CD=101,6D R=700.00, =530.6t, 0=43'2V52" C 9 CB--S21*48'4GjW 2 '411"IN CD==618.00 F17=400,0W 1 W3 V37 S43'31'37W 310 iT "W 3 -25,41' D=001021481 CB=843'40'OT V��— GD=25,41 .44,6U, ;N89'44 587,0 7 .0 587,i ,;; ate. -,F� fI-; 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 ("City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by CADG Hurricane Creek, LLC, a Texas limited liability company (the "Petitioner"), requesting that the City create the Hurricane Creek Public Improvement District (the "District") to include property owned by the Petitioner and further described herein (the "Property"). Time and Place of the Hearing. The public hearing will start at 7:00 p. m. on November 13, 2018 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") may include: (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) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vii) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) 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, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $30,000,000. Proposed District Boundaries. The District is proposed to include approximately 368.2 acres of land generally located north of FM 455, west of U.S. Highway 75, and east of the City's western city limits, located within the City and as more particularly described by a metes and bounds description available at Anna City Hall located 11 N. Parkway, Anna, Texas 75409 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 principal), and certain assessments may be paid in annual installments (including interest and principal). 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, except for assessments levied on real property within the District and possible tax reinvestment zone revenue. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. 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. EXHIBIT C BEING all that certain tract of land situated in thea Joseph Boyle Survey, Abstract Number 105, the .John Coffman Survey, Abstract Number 1.97 the J. M. Kincade Survey, Abstract Number 5091. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41. acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and beim Part of a called 114..252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Rage 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 11 252 acre tract: THENCE S 89$54'24"W 2687.84 feet, THENCE N 00°04`27"W, 387.21 feet; THENCE N 89'58'14"tltlp 849.21 feet, THENCE N 03'33'44"E, 1188.00 feet; THENCE N 88"26'26"W, 365.15 feet; THENCE N 23"08'27"W, 67.4' feet; THENCE N 02648'15"Ep 1930,31 feet; THENCE lei 89°52'55"E, 465.63 feet; THENCE N 89°15'32"E, 742.56 feet; THENCE S 90 i'Oti"E,1755,97 feet to the northeast corner of said 262.41 acre tract of land and bele the northwest corner of said 114.252 acre tract; THENCE N 89 11'00"E, 794.06 feet; THENCE 5 00"I.O'57p'W, 23118 feet; WHENCE Irl 89°56"12"E, 1184. 6 feet; THENCE S 02°06'39"E, 55,96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet through a central angle of 16°48'41.", having a radius of 700.00 feet, the long chord which hears S 07 17"41"W.- 204.65 feet; THENCE S 15"42'02"W, 121.60 feet, THENCE with said crve' to the left, an ars: distantp of 215.39 feet, throe h a central angle of 16'4841", having a radius of 700.00 feet, the long chard which bears S 07 1741"W, 204.65 feet; THENCE S 01*06'39"E, 201.55 feet; THENCE with aidcurve to the right, an arc distance of 116.43 feet, through a central ,angle of 09631'48", having a radius of 699.99 feet, the long chord which bears 5 03 39'1 511W, 116.30 feet; THENCE 5 08025'09"W, .393.86 feet; THENCE with said curve to the left, an are distance of 101.69 feet, through a central angle f 08°1,9'23", having a radius of 700.03 feet, the long chord which nears S 04'15'28-W, 101.60 feet, THENCE S 00'05"44"W,1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°2552", having a radius of 700.03 feet the long chord which bears S 21048'40"W, 518.00 feet; THENCE S 43"31'37"ilU', 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet through a central angle f 00°02'48", having a radius: of 400.00 feet, the long chordwhichears S 43'40'02"W, 25.41 feet; THENCE N 89.44'SD"'W, 655,016 feet; THENCE S 00"56'1.1"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less.