HomeMy WebLinkAboutRes 2012-02-11 Findings Regarding Proposed FM 455 Median Break PID.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-02-11
A RESOLUTION MAKING FINDINGS REGARDING THE PROPOSED CREATION OF
FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 23, 2012 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') to make improvements including a median break on
or near FM 455 in the corporate limits of Anna, Texas; and
WHEREAS, said petition described said public improvements proposed to be made
within the District; and
WHEREAS, notice of a public hearing was published on February 10, 2012 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, before conducting said public hearing on February 28, 2012, the City
Council of the City of Anna, Texas ("City Council") adopted a resolution estimating the
appraised value of taxable real property liable for assessment in the proposed District
and estimating the cost of improvements; and
WHEREAS, the City Council opened the public hearing on February 28, 2012, in order
to hear testimony and public comment regarding the creation and 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, after the close of the public hearing, the City Council by this resolution
makes certain findings based on the information contained in the Petition presented to
the City Council, information provided by City staff, any comments received at the public
hearing, and any discussion by the City Council;
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 incorporate the same
in the body of this Resolution as if set forth in full for all purposes.
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Section 2. Findings of the Council.
The City Council, after considering the Petition and the evidence, any testimony and
comments presented at the public hearing, and information presented by City staff
hereby finds and determines that:
(a) the Petition was duly filed with the City Secretary and was signed by 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 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 percent 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 Gov't
Code, as amended, and are advisable and desirable improvements for the
proposed District in that the proposed public improvements will provide additional
access via a median break on Farm to Market Road 455 for the properties within
the proposed District and that, due to the area's close proximity to U.S. Highway
75 and North Powell Parkway (Hwy 5), and a projected increase in traffic volume
in the area and the potential number of residents and businesses in the District,
such additional access will enhance the health and safety of all residents of the
District and will provide necessary and/or enhanced 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 method of assessment of costs of the proposed improvements will be levied
in a manner that results in imposing equal shares of the costs on property
similarly benefitted;
(g) the method of assessment is such that the owners of property in the District
located on the north side of FM 455 shall be responsible for one-half of the total
cost of the improvements with each such owner being assessed a portion based
on the percentage land area within the District located on the north side of FM
455 owned by each property owner and the owners of property in the District
located on the south side of FM 455 shall be responsible for one-half of the total
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cost of the improvements with each such owner being assessed a portion based
on the percentage land area within the District located on the south side of FM
455 owned by each property owner;
(h) 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 no costs are paid by the City;
(i) the District shall be managed without the creation of an advisory body; and
(j) the making of the improvements by the creation of the District is advisable.
Section 3. Severability.
It is hereby declared to be the intention of the City, that sections, paragraphs, clauses,
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 or phrase.
Section 4. 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 28th
day of February, 2012.
ATTESTED: APPROVED:
l
Ci y Secretary, Natha WilkisonMa or, D R. briskell
OF J��li'---
Olt?
Res.
Res. 2012-02-11 Findings Regarding Proposed Creation of FM 455 Median Break PID Page 3 02-28-12
EXHIBIT A
PROPOSED IMPROVEMENTS AND ESTIMATED COSTS
Improvements — Design and construction of a median break on Farm to Market Road
455 within the District.
Estimated Costs of Improvements — The estimated costs of the improvements, including
financing, total $72,136 for construction and $3,000 in administrative and legal costs
over the life of the District.
EXHIBIT B
BOUNDARIES OF THE PUBLIC IMPROVEMENT DISTRICT
South side of West White Street (FM 455)
Lot 1 Block A, Anna Market Center,
Document Number 20080618010002250 - 6.010
Acres;
Lot 2 Block A, Anna Market Center,
Document Number 20080618010002250 — 1.289
Acres;
Lot 3 Block A, Anna Market Center,
Document Number 20080618010002250 — 1.184
Acres;
Lot 4 Block A, Anna Market Center,
Document Number 20080618010002250 — 0.991
Acres;
Lot 5 Block A, Anna Market Center,
Document Number 20080618010002250 — 1.382
Acres; and
Lot 6 Block A, Anna Market Center,
Document Number 20080618010002250 — 1.977
Acres
North side of West White Street (FM 455)
Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63
Acres;
Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a
tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of
Anna, Collin County, Texas, and being part of that 20 acre tract of land described by
deed to Anna 455 Commercial, LP. as recorded under Document Number
20071205001623100, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from the southeasterly corner of said 20 acre tract, same being in the
northerly line of West White Street at a point;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a
point for corner;
THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a
point for corner;
THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a
point for corner;
THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a
point for corner;
THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a
point for corner;
THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to
the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and
Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol.
736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey,
Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of
157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in
Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West
a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way
Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of
the Official Public Records of Collin County Texas to the POINT OF BEGINNING;
THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a
point for corner;
THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a
point for corner;
THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a
point for corner;
THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a
point for corner;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a
point for corner;
THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a
point for corner;
THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a
point for corner;
THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to
the POINT OF BEGINNING and containing 9.15 acres of Land More or less.