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HomeMy WebLinkAboutRes 2010-05-04 Creation of Urban Crossing PID.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-05-04 A RESOLUTION REGARDING THE CREATION OF URBAN CROSSING PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH PUBLIC IMPROVEMENT DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 23, 2010, there was presented to the City of Anna, Texas (the "City") a petition (the "Petition") seeking the authorization to create a public improvement district (the "District"); and WHEREAS, said Petition described public improvements proposed to be made within the District; and WHEREAS, notice of a public hearing was published on April 25, 2010 in a newspaper of general circulation within the City and was mailed to the owners, as reflected on the tax rolls, of property subject to assessment in the District, giving interested persons the opportunity to appear and be heard; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") opened the public hearing on May 11, 2010, in order to hear testimony and public comment regarding the authorization of the District and the proposed public improvements; and WHEREAS, all owners of property located within the proposed District and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council made findings based on the information contained in the Petition presented to the City Council and the comments received at the public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The City Council hereby approves the statements contained in the preamble of this resolution and finds that all statements are true and correct and incorporates the same in the body of this resolution as if set forth in full for all purposes. Section 2. Findings of the Council. The City Council, after considering the Petition and the evidence, testimony, and comments presented at the public hearing, hereby finds and determines that: Res. 201 ~Creation of Urban Crossing PID.doc Page 1 05-11-10 (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than 50% of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than 50% of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of Texas Local Government Code, V.T.C.A., as amended, and are advisable and desirable improvements for the District in that the proposed public improvements will provide paved access via County Road 368 to County Road 370 for the properties within the proposed District and that, due to the area's close proximity to U.S. Highway 75 and a projected increase in traffic volume in the area and the potential number of residents in the District, paved access over County Road 368 will enhance the health and safety of all residents of the District and will provide necessary public access to properties within the proposed District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on all property within the District by enhancing the value of such property located within the District; (d) the nature of the proposed improvements and estimated costs thereof are set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the property that is set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the property within the District; and (h) the District shall be managed without the creation of an advisory body. Section 3. Creation of the Urban Crossing Public Improvement District. Based on the foregoing, the Urban Crossing Public Improvement District is hereby authorized to be created and the public improvements described in Exhibit A are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Res. 2010-05-04 Creation of Urban Crossing PID.doc Page 2 05-11-10 Section 4. Direction for Publication. After adoption of this resolution, the City Secretary is authorized and directed to cause a copy of this resolution to be published in a newspaper of general circulation within the City. Section 5. Direction for Notice of Public Hearing on Assessments. A public hearing is hereby called for the 25th day of May, 2010, at 7:30 p.m. at the Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas, for the purpose of levying assessments against the benefitted property within the Urban Crossing Public Improvement District for certain improvements to be made within said District to provide paved access via County Road 368 to County Road 370 for the properties within the District; and expenses incurred in establishment of the District and related costs incident to same. At such time and place the City Council will hear testimony regarding the proposed assessments. All written or oral objections to the assessments will be considered at the hearing. The costs of the acquisition, installation and construction of such improvements, which includes expenses incurred in establishment of District and costs incident to fund said improvements, is $10,970. The proposed assessment roll attached hereto as Exhibit C shall be filed with the City Secretary and shall be open for public inspection on and after May 12, 2010, providing for the costs of said improvements to be assessed, levied and apportioned against the net developable acreage within the District and the real and true owner or owners thereof on a per lot basis. The City Secretary shall publish a notice of the public hearing in accordance with the applicable provisions of Texas Local Gov't Code Chapter 372 and shall mail a copy of said notice to the owners of property within the District liable for assessment as required bylaw. Section 6. Severability. It is hereby declared to be the intention of the City, that sections, paragraphs, clauses, sentences and phrases of this resolution are severable, and if any section, paragraph, clause, sentence or phrase of this resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this resolution since the same would have been enacted by the City without the incorporation in this resolution of any such unconstitutional or illegal section, paragraph, clause, sentence or phrase. Res. 2010-05-04 Creation of Urban Crossing PID.doc Page 3 05-11-10 Section 7. Passage. The authorization of the District pursuant to this resolution shall take effect upon publication of this resolution as provided above. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 11th day of May, 2010. ATTESTED: Res. 2010-05-04 Creation of Urban Crossing PID.doc Page 4 05-11-10 EXHIBIT A PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Improvements -Design and construction of paved roadway surface on a currently unpaved segment of County Road 368 and related improvements to provide paved access over County Road 368 to the proposed Public Improvement District. Estimated Costs of Improvements -The estimated total costs of the improvements is $7,970.10 and $3,000.00 for administrative and legal expenses, which amounts may be modified to conform to actual expenses. A total of 100% of such actual costs of the improvements shall be paid by assessment of the property owners within the proposed Public Improvement District. The City will initially fund the total costs of the improvements, with said costs being reimbursed to the City, which it shall collect and be entitled to retain and disburse as necessary all assessments levied in connection with the Public Improvement District. EXHIBIT B BOUNDARIES OF THE PUBLIC IMPROVEMENT DISTRICT The Aggregate of: (1) a 45.001 acre tract out of the Henry Smith Survey Abstract No. 822 and the Z. Roberts Survey Abstract No. 760, in the City of Anna, Collin County, Texas, including the entire real property within the bounds of the subdivision known as Urban Crossing, said subdivision having been platted and filed in the Collin County Real Property Records, said 45.001 acres being more particularly described in said Collin County Real Property Records, bearing document number 20080902010003080, and located at Book 2008, Page 502; and (2) a segment of Collin County Road 368 partially abutting the above-referenced 45.001 tract, said segment measuring approximately 14' in width by 746' in length, as described in more detail in the Petition for the Creation of a Public Improvement District Within City of Anna, Collin County, Texas, filed with the City of Anna City Secretary's office on April 23, 2010 by Hurricane Manor, Inc. and Ralph G. Urban. EXHIBITC URBAN CROSSING PUBLIC IMPROVEMENT DISTRICT SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL Chapter 372 of the Local Government Code of the State of Texas, known as the "Public Improvement District Assessment Act" (the "Act"), authorizes and defines formation of a Public Improvement District within the State of Texas. By action taken by the City Council of the City of Anna, Texas ("City Council"), on May 11, 2010, the City of Anna, Texas (the "City") authorized by resolution the establishment of Urban Crossing Public Improvement District (the "District") within the boundaries set forth in Exhibit 1 attached hereto. In compliance with requirements outlined in various sections of the Act, the Service and Assessment Plan for the District is defined herein. Section 1. Improvements to be Provided to the District. After analyzing the improvements authorized by the Act, the City, acting through the District, determined that the construction and/or acquisition of the improvements as set forth in Schedule I, attached hereto, and described in part as "[d]esign and construction of paved roadway surface on a currently unpaved segment of County Road 368 and related improvements to provide paved access over County Road 368 to the proposed Public Improvement District" (the "Improvements"), which are allowed by the Act, should be provided within the Property and will be of special benefit to the property within the District. After completion of the Improvements, the City will operate and maintain the Improvements at its expense. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the City has determined that costs of the Improvements apportioned against the net developable acreage within the District and the real and true owner or owners thereof on a per lot basis with equal shares of the costs on property similarly benefitted is fair and equitable and is the most reasonable means of allocating the costs of the Improvements, including financing costs and other costs directly or indirectly relating to the acquisition, construction, and financing of the Improvements ("Improvement Costs"). Section 3. Assessment Roll. The District is described as being those properties more speCifically described in Schedule II, and shall be revised as necessary to reflect any parcels sold, given, dedicated or otherwise conveyed. 1 Section 4. Costs. The estimated total costs of the improvements is $10,970, which may be modified to conform to actual expenses. The Improvement Costs shall be paid by assessment of the property owners within the District. Section 5. Maintenance Costs of Improvements to be Paid by City. In accordance with the Act, all state and federal laws and all laws and regulations of the City, the City will provide for the ongoing annual maintenance, operation, and repair of the Improvements from the date of receipt and acceptance of title to the Improvements Section 6. Ownership of Improvements. Upon completion and acceptance of the Improvements, title to the Improvements and all land, easements and right-of-way related thereto shall vest in the City. Section 7. Levy of Assessments. There shall be levied by the City the special assessments set forth in Schedule II attached hereto (collectively, the "Assessments") to pay the Improvement Costs. Any real property conveyed to the City in connection with the Improvements shall not be assessed. Each Assessment, in the amount set forth in Schedule II, shall be due and payable upon issuance of the first building permit for each lot within the District. In the event the subdivision of all or any part of the property within the District results in a reduction of the developable lots, the owner of such property shall pay to the City, prior to recordation of the of the document subdividing such property, the Assessment on such property representing the difference between the amount of Assessment that would have been paid prior to subdivision and the amount of Assessment after subdivision, plus accrued interest thereon to the payment date. In the event the subdivision of all or any part of the property within the District results in an increase of the developable lots, the Assessment for each assessed lot within the District shall be reduced such that the total of the reduced Assessments, equals the total Assessment setforth in Schedule II. If assessed property within the District is transferred to a party that is exempt from payment of the Assessment under applicable law, or if an owner causes assessed property or a portion thereof to become non-benefitted property, the owner thereof shall pay to the City the full amount of the Assessment, plus accrued interest thereon, for such property prior to any such transfer or act. Section 8. Prepayment of Assessments for Each Year. Pursuant to the provision of Section 372.018 (b) of the Act, an Assessment may be paid in whole at any time by paying the unpaid amount of the Assessment plus the interest accrued or penalties that have been imposed prior to the date of payment of the Assessment. 2 Section 9. Interest and Penalties on Delinquent Assessments. A delinquent Assessment will accrue interest at the rate of 1 % for each month or portion of a month the assessment remains unpaid after it becomes delinquent. Additionally, a delinquent Assessment shall incur the same penalties and interest as incurred for delinquent taxes, as stated in Section 33.01 et seq. of the Texas Tax Code. Section 10. No Discounts or Split Payments. There will be no partial payment of an Assessment or discount for the early payment of an Assessment. Section 11. Lien for Collection of Assessments. Assessments together with interest, penalties, and expense of collection and reasonable attorneys fees, as permitted by the Act and the Texas Tax Code shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for Assessments thereof and penalties and interest is effective from the date of the ordinance levying the Assessments until the Assessment is paid, and shall be enforced by the City in the manner provided by the Texas Tax Code for collecting ad valorem taxes on real property. Section 12. Applicability of Texas Tax Code. To the extent not inconsistent with the ordinance levying Assessments (the "Assessment Ordinance"), and not inconsistent with Chapter 372 of the Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 13. No Acceleration. Failure to pay an Assessment or installment portion thereof when due shall not accelerate the payment of any other Assessment and such other Assessment (together with interest thereon) shall continue to be due and payable at the same time and in the same amount and manner as if such default had not occurred. Section 14. Lien Survives Foreclosure. Any sale of property for nonpayment of an Assessment shall be subject to the lien established for the remaining unpaid Assessment against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent Assessment or installment portion thereof against such property as it becomes due and payable pursuant to the terms of the Assessment Ordinance. Section 15. Reassessments. Pursuant to Section 372.020, Texas Local Government Code, the City Council may make a reassessment of a parcel of land if: (1) a court of competent jurisdiction sets aside an 3 Assessment against the parcel; (2) the City Council determines the original Assessment is excessive; or (3) on the written advice of counsel, the City Council determines that the original Assessment is invalid. Section 16. Service Plan. In accordance with the requirements of the Act, the five-year service plan for the District is as follows: I I Year Annual Projected Costs $10,970 Annual Projected Indebtedness ! $0.00 i2010 2011 $0.00 $0.00 2012 $0.00 $0.00 2013 $0.00 $0.00 2014 $0.00 $0.00 Total $10,970 $0.00 4 Exhibit 1 Boundaries The Aggregate of: (1) a 45.001 acre tract out of the Henry Smith Survey Abstract No. 822 and the Z. Roberts Survey Abstract No. 760, in the City of Anna, Collin County, Texas, including the entire real property within the bounds of the subdivision known as Urban Crossing, said subdivision having been platted and filed in the Collin County Real Property Records, said 45.001 acres being more particularly described in said Collin County Real Property Records, bearing document number 20080902010003080, and located at Book 2008, Page 502; and (2) a segment of Collin County Road 368 partially abutting the above-referenced 45.001 tract, said segment measuring approximately 14' in width by 746' in length, as described in more detail in the Petition for the Creation of a Public Improvement District Within City of Anna, Collin County, Texas, filed with the City of Anna City Secretary's office on April 23, 2010 by Hurricane Manor, Inc. and Ralph G. Urban. Schedule I Urban Crossing Public Improvement District Improvements -Design and construction of paved roadway surface on a currently unpaved segment of County Road 368 and related improvements to provide paved access over County Road 368 to the proposed Public Improvement District. Estimated Costs of Improvements -The estimated total costs of the improvements is $7,970.10 and $3,000.00 for administrative and legal expenses, which amounts may be modified to conform to actual expenses. A total of 100% of such actual costs of the improvements shall be paid by assessment of the property owners within the proposed Public Improvement District. The City will initially fund the total costs of the improvements, with said costs being reimbursed to the City, which it shall collect and be entitled to retain and disburse as necessary all assessments levied in connection with the Public Improvement District. Schedule II Initial Assessment Roll -Urban Crossing Public Improvement District Owner Urban Crossing Living Trust Hurricane Manor, Inc. Boundary Description 1 Lot 3 of Block A of the subdivision known as Urban Crossing, said subdivision being further described as a 45.001 acre tract out of the Henry Smith Survey Abstract No. 822 and the Z. Roberts Survey Abstract No. 760, in the City of Anna, Collin County, Texas, having been platted and filed in the Collin County Real Property Records, said 45.001 acres being more particularly described in said Collin County Real Property Records, bearing document number 20080902010003080, and located at Book 2008, Page 502. 30 Lots 1, 2, 4-18, and 20-23 of Block A; and Lots 1-9 of Block B of the subdivision known as Urban Crossing, said subdivision being further described as a 45.001 acre tract out of the Henry Smith Survey Abstract No. 822 and the Z. Roberts Survey Abstract No. 760, in the City of Anna, Collin County, Texas, having been platted and filed in the Collin County Real Property Records, said 45.001 acres being more particularly described in said Collin County Real Property Records, bearing document number 20080902010003080, and located at Book 2008, Page 502. Assessment $353.87 per lot $353.87 per lot