HomeMy WebLinkAboutRes 2018-12-512 Public Hearing for PID Sherley TractCITY OF ANNA, TEXAS
RESOLUTION NO. �WOffl . fa-5Jd2,
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 EXTRATERRITORIAL JURISDICTION OF
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 its extraterritorial jurisdiction (the "ETF'); and
WHEREAS, on December 7, 2018, Jan Sherley Miller, Virgil A. Miller, Virgil Wren Miller,
F. A. Miller, and Marquin M. Payne, the owners 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 (collectively, the "Petitioners"), within the ETJ 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 Sherley Tract Public Improvement District
for approximately 325.175 acres of property within the ETJ of 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 15t" 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 rolls, of property that would be subject to assessment under the proposed public
improvement district; and
Resolution 6-1a.
Page 1 of 10
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 January 8, 2019 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 1: 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 January 8, 2019, at 7:00 p.m. atAnna 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 Extraterritorial Jurisdiction of the City for the Sherley Tract 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 325.175 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 the part of the ETJ of the City where the District is located, 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
Resolution -OO'L
Page 2 of 10
City Secretary shall provide Notice on or before December 21, 2018, which is before the 15th day before
the January 8, 2019 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 IITHDAY OFDECEMBER, 2018.
ATTEST: `��,�uuuuluui��a�,Z AP
j �F ANti��''-
ov',�-Vy'
Carrie L. Smith, City Secretary = at� Pike,
c
Resolution -9/c2—
Page 3 of 10
EXHIBIT A
Petition for the Creation of a Public Improvement District
Resolution
Page 4 of 10
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 Jan Sherley Miller, Virgil A. Miller,
Virgil Wren Miller, F. A. Miller, and Marquin M. Payne (the "Petitioners"), requesting that the City create the
Sherley Tract Public Improvement District(the "District") to include property owned by the Petitioners and
further described herein (the "PropertX").
Time and Place of the Hearing. The public hearing will start at 7:00p. m. on Janumy 8, 2019 atAnna City
Hall Administration Building, 111 N. Powell Par•kwwy, Armcr, 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 $32,000,000.
Proposed District Boundaries. The District is proposed to include approximately 325.175 acres of land
generally located west of U.S. Highway 75 and north of Roseway Street, located within the extraterritorial
jurisdiction of 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).
Resolution
Page 5 of 10
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. 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.
Resolution
Page 6 of 10
EXNIRIT G
BEING that certain tract of land situated in the Z. Roberts Survey, Abstract Number 760, the J.
Boyle Survey, Abstract Number 105, the J.M. Kincade Survey, Abstract Number 509, and the J.
Ellet Survey, Abstract Number 296, Collin County, Texas, being all of that tract of land described
by deed to Jan Sherley Miller, Virgil A. Miller, and Marquin M. Payne, recorded in Instrument
Number 20110401000341650, Official Public Records, Collin County, Texas, being all of that
tract of land described by Deed to Jan Sherley Miller and Virgil Miller, recorded in Volume
1068, Page 507, said Public Records, and being a portion of that tract of land described by deed
to Jan Sherley Miller, recorded in Volume 2667, Page 671, said Public Records, and being more
particularly described by metes and bounds as follows:
BEGINNING at the most northerly northeast corner of said Miller and Payne tract recorded in
Instrument Number 20110401000341650;
THENCE S 01 039'27"E, 46.23 feet;
THENCE S 00007'45"W, 239.62 feet;
THENCE S 00002'54"E, 240.98 feet;
THENCE S 00016'10"W, 240.11 feet;
THENCE S 00005'15"W, 193.73 feet;
THENCE S 00009'49"W, 159.37 feet;
THENCE S 03007'30"W, 136.17 feet;
THENCE S 00010'28"W, 97.40 feet;
THENCE S 00010'28"W, 20.00 feet;
THENCE S 89°51' 18"E, 18.32 feet;
THENCE N 55°45'18"E, 13.27 feet;
THENCE N 29020'54"E, 61.95 feet;
THENCE N 82059'12"E, 29.11 feet;
THENCE S 76°48'02"E, 38.97 feet;
THENCE N 8103 1'02"E, 42.52 feet;
THENCE N 64056'l 0"E, 12.15 feet;
THENCE S 30032'08"E, 25.22 feet;
THENCE S 00"14'15"W, 13.28 feet;
THENCE S 32018'58"E, 21.36 feet;
Resolution
Page 7 of 10
THENCE S 78007'20"E, 14.66 feet;
THENCE N 10°26'29"E, 17.31 feet;
THENCE N 53035'10"E, 21.88 feet;
THENCE N 78049'58"E, 15.44 feet;
THENCE S 57006'59"E, 24.14 feet;
THENCE S 41°22'42"E, 62.38 feet;
THENCE S 01 ° 13'29"E, 28.82 feet;
THENCE S 00045'46"W, 119.18 feet;
THENCE S 88056'22"E, 602.59 feet, to the northeast corner of said Miller and Payne tract
recorded in Instrument Number 20110401000341650 and being the northwest corner of
aforementioned Miller tract recorded in Volume 2667, Page 671;
THENCE N 89049'51 "E, 933.16 feet;
THENCE N 89°46'06"E, 488.86 feet, passing the northeast corner of said Miller tract and being
the northwest corner of aforementioned Miller tract recorded in Volume 1068, Page 507;
THENCE S 03023'35"E, 704.05 feet;
THENCE N 89035'23"E, 918.75 feet;
THENCE S 0802721 "W, 1458.34 feet;
THENCE S 89°59'35"W, 150.63 feet;
THENCE S 11 ° 10'27"W, 152.96 feet;
THENCE S 89056'10"W, 1986.71 feet, to the southwest corner of the aforementioned Miller
tract recorded in Volume 2667, Page 671;
THENCE N 00° 10'56"E, 232.21 feet, to the southeast corner of the aforementioned Miller and
Payne tract recorded in Instrument Number 20110401000341650;
THENCE S 89009'27"W, 794.06 feet;
THENCE S 89039'13"W, 1753.66 feet;
THENCE S 89055'39"W, 746.70 feet;
THENCE S 89051'39"W, 315.81 feet;
THENCE S 89°09'41"W, 111.58 feet, to the most southerly southwest corner of said Miller and
Payne tract;
Resolution
Page 8 of 10
THENCE N 20"10'35"E, 140.94 feet;
THENCE N 55000'59"E, 55.72 feet;
THENCE N 65008'55"E, 164.54 feet;
THENCE N 24°07'01 "E, 75.15 feet;
THENCE N 08028'12"E, 68.74 feet;
THENCE N 18033'24"E, 30.27 feet;
THENCE N 390071 9"E, 204.32 feet;
THENCE N 15058'26"E, 96.33 feet;
THENCE N 51042'39"E, 216.49 feet;
THENCE N 100 14'20"E, 39.18 feet;
THENCE N 16020'38"W, 43.77 feet;
THENCE N 25038'17"W, 56.21 feet;
THENCE N 30°23'51 "W, 42.71 feet;
THENCE N 30057'56"W, 141.18 feet;
THENCE N 22004'56"W, 112.22 feet;
THENCE N 08°32'18"W, 237.53 feet;
THENCE N 21021'56"W, 73.37 feet;
THENCE N 12045'32"W, 39.65 feet;
THENCE N 04005'51 "E, 114.57 feet;
THENCE N 05037'47"E, 102.03 feet;
THENCE N 20012'50"E, 61.91 feet;
THENCE N 15°56'54"E, 37.72 feet;
THENCE N 10049'32"E, 87.03 feet;
THENCE N 23°29'01 "E, 238.46 feet;
THENCE N 60008'36"E, 217.24 feet;
THENCE N 40036'12"E, 97.96 feet;
Resolution
Page 9 of 10
THENCE N 22054'02"E, 117.90 feet;
THENCE N 54018'3 5 " E, 5 8.0 8 feet;
THENCE N 42030'22"E, 62.53 feet;
THENCE N 22013'30"E, 121.36 feet;
THENCE N 31023'35"E, 106.80 feet;
THENCE N 24°37'01 "E, 76.66 feet;
THENCE N 08°41'50"W, 134.21 feet;
THENCE N 30006'30"E, 75.08 feet;
THENCE N 66006'02"E, 55.48 feet;
THENCE N 52019'07"E, 141.40 feet;
THENCE N 18" 14'45"E, 95.78 feet;
THENCE N 43056'12"E, 420.59 feet;
THENCE N 28003'26"E, 46.51 feet;
THENCE N 04016'56"E, 105.49 feet, to the northwest coiner of the aforementioned Miller and
Payne tract recorded in Instrument Number 20110401000341650;
THENCE N 89036'40"E, 276.78 feet;
THENCE N 89054'11 "E, 938.53 feet to the Point of Beginning and containing 14,164,632
square feet or 325.175 acres of land more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
Resolution
Page 10 of 10