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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