Loading...
HomeMy WebLinkAboutResolution No. R2023-31RESOLUTION NO. R2023-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ACCEPTING A PETITION FOR THE ESTABLISHMENT OF THE FRIENDSWOOD CITY CENTER PUBLIC IMPROVEMENT DISTRICT; SETTING A PUBLIC HEARING ON THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF FRIENDSWOOD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City Council (the "City Council") of the City of Friendswood, Texas (the "City") has received a petition (the "Petition") requesting creation of a public improvement district (the "PID") under Chapter 372 of the Texas Local Government Code (the "Act"), from the record owners of taxable real property representing more than fifty percent ("50%") of the appraised value of the real property liable for assessment in the proposed PID and the record owners of taxable real property that constitute more than 50% of all of the area of all taxable real property that is liable for assessment in the proposed PID; and WHEREAS, the Petition, a copy of which is attached hereto as Exhibit "A," has been examined, verified, and found to meet the requirements of Sections 372.005(a) and 372.005(b) of the Act and to be sufficient for consideration by the City Council; and WHEREAS, the boundaries of the proposed PID are described in the exhibit to the Petition, said area for the PID being within the City; and WHEREAS, the City Council desires to accept the Petition and to schedule a public hearing to consider the creation of the PID to finance the following public improvements (collectively, the "Authorized Improvements"): (i) design, acquisition, construction, improvement, and other allowed costs related to street and roadway improvements, including related drainage, sidewalks, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) design, acquisition, construction, improvement, and other allowed costs related to storm drainage improvements, (iii) design, acquisition, construction, improvement, and other allowed costs related to water, wastewater and drainage (including detention) improvements and facilities, (iv) design, acquisition, construction, improvement, and other allowed costs related to parks, open space and recreational improvements including trails and landscaping related thereto; (v) design, acquisition, construction, improvement, and other allowed costs related to firefighting facilities, (vi) design, construction and other allowed costs related to projects similar to those listed in sections (i) — (vi) above authorized by the Act, including similar off -site projects that provide a benefit to the Property within the District; (vi) acquisition of real property, interests in real property, or contract rights in connection with each Authorized Improvement (vii) payment of expenses incurred in the establishment, administration, and operation of the District; (viii) payment of expenses associated with financing such public improvement projects, which may include but are not limited to, costs associated with the issuance and sale of revenue bonds secured by assessments levied against the Property within the District; and (ix) maintenance and operation expenses of the Authorized Improvements; and WHEREAS, in order to hold a public hearing for the creation of the PID, notice must be: (i) published in a newspaper of general circulation in the City, and (ii) mailed to the address of each owner of property located in the proposed District, as reflected on the tax rolls, before the fifteenth (15th) day before the date of the hearing in accordance with the Act; and WHEREAS, the City Council believes that these Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That all of the above recitals in this resolution 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. That the City Council hereby accepts the Petition, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. The Petition is filed with the office of the City Secretary and is available for public inspection. Section 3. That a public hearing is hereby scheduled at 5:30 p.m. on December 4, 2023, in the City Council Chamber at Friendswood City Hall, 910 S. Friendswood Dr., Friendswood, Texas 77546 to receive public comment on the creation of the PID in the area described in Exhibit "A" to the Petition, pursuant to the Act. Section 4. That notice of said hearing, in the substantially final form set forth in Exhibit "B" attached hereto, with such changes as may be approved by the City's counsel, shall be published in a newspaper of general circulation in the City before the 15th day prior to the hearing as required by the Act. Section 5. That written notice, in the substantially final form set forth in Exhibit "B" attached hereto with such changes as may be approved by the City's counsel, shall be mailed to each property owner, as reflected on the tax rolls, of property subject to assessment within the PID, before the 15th day prior to the date set for the hearing. Section 6. That 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; and Section 7. This resolution shall take effect immediately from and after its passage by the City Council of the City of Friendswood. 2 Petition Accepting Petition for Establishment of Public Improvement District INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Friendswood this the 61h day of November�023. ATTEST LETIC A BRYSCH, City SecWtary APPROVED AS TO FORM: N L. HORNER, City Attorney OF FRiENps!'L r O a� O ' �t cS'jgTE OF-0 Petition Accepting Petition for Establishment of Public Improvement District EXHIBIT "A" PETITION (see attached Petition) Exhibit "A." Page EXHIBIT "A" PETITION (see attached Petition) Exhibit "A." Page 1 Q PETITION FOR THE CREATION OF THE FRIENDSWOOD CITY CENTER PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF FRIENDSWOOD, TEXAS THE STATE OF TEXAS COUNTIES OF HARRIS AND GALVESTON § The undersigned petitioner (the "Petitioner"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), hereby petitions and requests the City Council of the City of Friendswood, Texas (the "City') to create a public improvement district (the "District") in the territory owned by Petitioner and described in Exhibit A attached hereto (the "Property") located within the City, and in support of this petition the Petitioner would present the following: Section 1. Standing of Petitioner. The Petitioner is (1) the owner of taxable real property representing more than fifty percent (50%) 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) constitutes more than fifty percent (50%) of all record owners of property that is liable for assessment under the proposal; or (b) owns taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal. Section 2. General nature of the proposed public improvements. The proposed public improvements (collectively, the "Authorized Improvements') include: (i) design, acquisition, construction, improvement, and other allowed costs related to street and roadway improvements, including related drainage, sidewalks, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) design, acquisition, construction, improvement, and other allowed costs related to stonn drainage improvements, (iii) design, acquisition, construction, improvement, and other allowed costs related to water, wastewater and drainage (including detention) improvements and facilities, (iv) design, acquisition, construction, improvement, and other allowed costs related to parks, open space and recreational improvements including trails and landscaping related thereto; (v) design, acquisition, construction, improvement, and other allowed costs related to firefighting facilities, (vi) design, construction and other allowed costs related to projects similar to those listed in sections (i) — (vi) above authorized by the Act, including similar off -site projects that provide a benefit to the Property within the District; (vi) acquisition of real property, interests in real property, or contract rights in connection with each Authorized Improvement (vii) payment of expenses incurred in the establishment, administration, and operation of the District; (viii) payment of expenses associated with financing such public improvement projects, which may include but are not limited to, costs associated with the issuance and sale of revenue bonds secured by assessments levied against the Property within the District; and (ix) maintenance and operation expenses of the Authorized Improvements. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Section 3. Estimated cost of the proposed public improvements: The Petitioner estimates the cost to design, acquire and construct the Authorized Improvements is $100,000,000.00. Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A. Section S. 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 benefitted. The proposed method of assessment shall be based upon (i) an equal apportionment per lot, per front foot, or per square foot of property benefiting from the public improvements, as determined by the City, (ii) the ad valorem taxable value of the property benefiting from the improvements and services, or (iii) in any other manner that results in imposing equal shares of the cost on property similarly benefitted. Section 6. Apportionment of cost. The proposed apportionment of cost between the District and the City as a whole is as follows: The City will not be obligated to provide any funds to finance the Authorized Improvements. All of the costs of the Authorized Improvements will be paid from assessments levied on Property in the District and from other sources of funds, if any, available to the Petitioner. Section 7. ManaQement of the District. The management of the District will be the ultimate responsibility of the City; provided that, to the extent allowed by law, the City may initially contract with a non-profit organization or private company to carry out all or a part of such City responsibilities, as well as the day -today management and administration of the District. Section 8. Concurrence of the Petitioner. The Petitioner (through its authorized representative) signing this petition concurs in and requests the establishment of the District and has the corporate authority to execute and deliver this petition. Section 9. Advisory board . The Petitioner proposes the District be established and managed without the creation of an advisory board. However, if an advisory board is created, the Petitioner requests a representative of the Petitioner be appointed to the advisory board. This petition shall be filed with the Secretary of the City in support of the creation of the District by the City Council of the City as herein provided. The undersigned requests that the City Council grant its consent as above stated. RESPECTFULLY SUBMITTED, on this �ay of November, 2023. [Signature on following page] 2 PETITIONER MADISON DEVEL 3�tTCORP a Tcxas limite tlity �r pattp By: Z "Louis Tilnnos President THE STATE OF TEXAS § COUNTY OF C-aLLS&M§ This instrument was acknowledged before me on this the 9, day of November. 2023, by Louis Tannos, President of Madison Development Corp., LLC, a Texas limited liability company, on behalf of said entity. 6NotPublic in and for the State of T E X A S (SEAL) &KYNDAHL OOUINN Notary Public, State of Texas '= Comm. Expires 06-2a.2024 Notary ID 11391,01, Exhibit A LEGAL DESCRIPTION OF BOUNDARIES METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,428,103 SQ. FT.) SARAH MCKISSICK LEAGUE, A-549 CITY OF FRIENDSWOOD HARRIS COUNTY, TEXAS Being a tract or parcel containing 124.612 acres (5,428,103 square feet) of land situated in the Sarah McKissick League, Abstract Number 549, Harris County, Texas; being all of Restricted Reserves "A" and "C", CLEAR CREEK COMMUNITY CHURCH FRIENDSWOOD, a subdivision plat of record at Film Code No. 691601, Harris County Map Records (H.C.M.R.); being all of a called 106.472 acre tract of land conveyed to Madison Development Corp., LLC as described by deed recorded under Harris County Clerk's File (H.C.C.F.) No. RP-2023-65754; being all of a called 10.0000 acre tract of land conveyed to Clear Creek Independent School District as described by deed recorded under H.C.C.F. No. P598262; being out of and a part of a called 28.9270 acre tract of land conveyed to Clear Creek Independent School District as described by deed recorded under H.C.C.F. No. P598260; being all of a called 1,2603 acre tract of land conveyed to City of Friendswood as described by deed recorded under H.C.C.F. No. 20120071426', being out of and a part of Townes Road (80' right-of-way (R.O.W.)); being out of and a part of Blackhawk Boulevard (100' R.O.W.); being out of and a part of F.M. 528 (120' R.O.W.); being out of and a part of West Bay Area Boulevard (100' R.O.W.); being out of and a part of Harris County Flood Control District Unit No. A114- 00-00 (190' R.O.W.); said 124.612 acre tract of land being more particularly described as follows (bearings are oriented to the Texas State Plane Coordinate System of 1983, South Central Zone 4204, US Survey Feet, NAD83(NA2011): BEGINNING at a 5/8-inch iron rod with cap stamped "GBI PARTNERS" found on the curved southerly R.O.W. line of F.M. 528 and marking the northerly common corner of said Restricted Reserves "A" and "B", CLEAR CREEK COMMUNITY CHURCH; said iron rod also for the northwest comer of the herein described tract; THENCE, Northeasterly, an arc distance of 311.32 feet along said southerly R.O.W. line and a curve to the right, having a radius of 1,840.08 feet, a central angle of 09041'36", and a chord which bears North 76°21'49" East, 310.94 feet to a point of tangency, from which a disturbed Texas Department of Transportation (TXDOT) aluminum disk found bears South 07°56' East, 0.69 feet; THENCE, North 08051'00" West, over and across said F.M. 528, a distance of 120.00 feet to the southerly end of a cutback line at the northwest corner of the intersection of said F.M. 528 and Townes Road; THENCE, North 36°33'39" East, along said cutback line, a distance of 21.34 feet to the northerly end of said cutback line at the curved westerly R.O.W. line of said Townes Road; 150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546 phone 281.648.3131 1 fax 281.648.3737 1 e-mail christian@boundaryone.com T. B. P. L. S. Firm No. 10084800 boundary Affik METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,428,103 SQ. FT.) PAGE 2 OF 8 THENCE, Northerly, an arc distance of 120.00 feet along said westerly R.O.W. line and a curve to the left, having a radius of 543.00 feet, a central angle of 12039'44", and a chord which bears North 15012'40" West, 119.76 feet to an angle point; THENCE, North 68127'28" East, over and across said Townes Road, a distance of 80.00 feet to the curved easterly R.O.W. line of Townes Road: THENCE, Southerly, an arc distance of 138.66 feet along said easterly R.O.W. line and a curve to the right, having a radius of 623.00 feet, a central angle of 12�45'09", and a chord which bears South 15°09'57" East, 138.38 feet to the northerly end of a cutback line at the northeast corner of the intersection of said F.M. 528 and Townes Road; THENCE, South 53047'23" East, along said cutback line, a distance of 20.00 feet to the southerly end of said cutback line at the northerly R.O.W. line of said F.M. 528; THENCE, South 08051'00" East, over and across said F.M. 528, a distance of 120.00 feet to the southerly R.O.W. line of F.M. 528; THENCE. North 81°12'37" East, along said southerly R.O.W. line, a distance of 1,131.34 feet to an angle point; THENCE, North 08047'23" West, over and across said F.M. 528, a distance of 120.00 feet to the southerly end of a cutback line at the northwest corner of the intersection of said F.M. 528 and Blackhawk Boulevard: THENCE, North 36°12'37" East, along said cutback line, a distance of 20.00 feet to the northerly end of said cutback line at the westerly R.O.W. line of said Blackhawk Boulevard: THENCE, North 08047'23" West, along said westerly R.O.W. line, a distance of 180.00 feet to an angle point; THENCE. North 81°12'37" East, over and across said Blackhawk Boulevard, a distance of 100.00 feet to the easterly R.O.W. line of Blackhawk Boulevard; THENCE, South 081147'23" East, along said easterly R.O.W. line, a distance of 180.00 feet to the northerly end of a cutback line at the northeast corner of the intersection of said F.M. 528 and Blackhawk Boulevard; 150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546 phone 281.648.3131 1 fax 281.648.3737 1 e-mail Christian aboundaryone.corn T. B. P. L. S. Firm No. 10084800 boundary Awk METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,320,448 SQ. FT.) PAGE 3OF8 THENCE, South 53°47'23" East, along said cutback line, a distance of 20.00 feet to the southerly end of said cutback line at the northerly R.O.W. line of said F.M. 528; THENCE, South 08047'23" East, over and across said F.M. 528, a distance of 120.00 feet to the southerly R.O.W. line of F.M. 528; THENCE, North 81112'37" East, along said southerly R.O.W. line, a distance of 403.47 feet to a 5/8-inch iron rod found at the base of a concrete pad and marking the northwest corner of said 28.9270 acre tract; THENCE, South 08°47'23" East, departing said southerly R.O.W. line and along the common line of said 28.9270 acre tract and said 106.472 acre tract, a distance of 1,109,36 feet to an angle point; THENCE, North 81012'37" East, over and across said 28.9270 acre tract, a distance of 917.54 feet to an angle point; THENCE, North 00°56'05" West, continuing over and across said 28.9270 acre tract, a distance of 18.06 feet to an angle point; THENCE, North 08047'24" West, continuing over and across said 28.9270 acre tract. a distance of 156.86 feet to an angle point; THENCE, North 681,47'23" West, continuing over and across said 28.9270 acre tract, a distance of 30.04 feet to an angle point; THENCE, North 46012'37" East, continuing over and across said 28.9270 acre tract, a distance of 105.00 feet to the westerly R.O.W. line of said Harris County Flood Control District Unit No. A114-00-00 (190' R.O.W.) as described by deeds recorded under H.C.C.F. No(s). E449568 and X384682; THENCE, South 08047'24" East, along said westerly R.O.W. line. a distance of 236.23 feet to an angle point; THENCE, South 00056'05" East, continuing along said westerly R.O.W. line, a distance of 116.17 feet to an angle point; THENCE, South 14°46'31" West, continuing along said westerly R.O.W. line, at 85.85 feet passing the easterly common corner of said 28.9270 acre tract and said 10.0000 acre tract, continuing in all for a total distance of 116.17 feet to an angle point: 150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546 phone 281.648.3131 1 fax 281.648.3737 1 e-mail christian@boundaryone.com T. B. P. L. S. Firm No. 10084800 boundary AaNk METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,428,103 SQ. FT.) PAGE 4OF8 THENCE, South 30029'10" West, continuing along said westerly R.O.W. line, a distance of 116.17 feet to an angle point; THENCE, South 38"20'29" West, continuing along said northwesterly R.O.W. line, a distance of 568.63 feet to an angle point; THENCE, South 58042'02" East, over and across said Harris County Flood Control District Unit No. Al 14-00-00 (190' R.O.W.), a distance of 190.71 feet to the most northerly corner of the aforesaid 1.2603 acre tract; THENCE. South 58044'41" East, along a northeasterly line of said 1.2603 acre tract, a distance of 308.78 feet to a 5/8-inch iron rod with cap stamped "SUN SURVEYING" found marking an angle point; THENCE, South 701103'17" East, along a northeasterly line of said 1.2603 acre tract, a distance of 101.98 feet to a 5/8-inch iron rod with cap stamped "SUN SURVEYING" found marking an angle point; THENCE, South 58"44'41" East, along a northeasterly line of said 1.2603 acre tract, a distance of 200.02 feet to a 5/8-inch iron rod with cap stamped "SUN SURVEYING" found on the northwesterly R.O.W. line of said West Bay Area Boulevard (100 feet wide) and marking an angle point; THENCE, North 22012'52" East, along said northwesterly R.O.W. line, a distance of 30.00 feet to an angle point; THENCE, South 67147'08" East, over and across said West Bay Area Boulevard, a distance of 100.00 feet to the southeasterly R.O.W. line of West Bay Area Boulevard; THENCE, South 22012'52" West, along said southeasterly R.O.W. line, a distance of 375.00 feet to an angle point; THENCE, North 67047'08" West, over and across said West Bay Area Boulevard, a distance of 100.00 feet to the northwesterly R.O.W. line of West Bay Area Boulevard; THENCE, North 22012'52" East, along said northwesterly R.O.W. line, a distance of 243.74 feet to a 5/8-inch iron rod with cap stamped "SUN SURVEYING" found marking the most southerly corner of said 1.2603 acre tract and for the most easterly corner of Lots 10 and 11, Block 1, AUTUMN CREEK SECTION NINE, a subdivision plat of record at Film Code No. 497014. H.C.M.R.; 150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546 phone 281.648.3131 1 fax 281.648.3737 1 e-mail christian'�"bour,daryone:com T. B. P. L. S. Firm No. 10084800 ANk boundary • METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,428,103 SQ. FT.) PAGE 5 OF 8 THENCE, North 581-'44'41" West, departing said northwesterly R.O.W. line and along the common line of said 1.2603 acre tract and Lots 9 and 10, Block 1, AUTUMN CREEK SECTION NINE, a distance of 634.66 feet to a 3/4-inch iron rod found marking the most westerly corner of said 1.2603 acre tract; THENCE, North 58"42'02" West, over and across said Harris County Flood Control District Unit No. Al14-00-00 (190' R.O.W.), a distance of 190.70 feet to the southeast line of the aforesaid 10.0000 acre tract; THENCE, South 38120'29" West, along said southeast line and northwesterly R.O.W. line of said Harris County Flood Control District Unit No. A114-00-00 (190' R.O.W.), at 502.52 feet passing a 5/8-inch iron rod with cap stamped "RPLS 3974" found marking the southerly common corner of said 10.000 acre tract and said 106.472 acre tract, continuing in all for a total distance of 1,380.50 feet to the call meander line of mean higher water for Clear Creek as per survey prepared by Stephen Blaskey, LSLS, dated October 9, 2015 and for the most southerly corner of the herein described tract; THENCE, along said mean higher water line of Clear Creek, the following courses and distances: North 21 17'29" West, a distance of 80.86 feet to an angle point; North 04 22'12" West, a distance of 216.80 feet to an angle point; North 32041'57" West, a distance of 184.39 feet to an angle point; North 51 °06'03" West, a distance of 159.93 feet to an angle point; North 74°03'08" West, a distance of 164.71 feet to an angle point; South 48°02'49" West, a distance of 44.69 feet to an angle point; North 73153'13" West, a distance of 47.50 feet to an angle point; South 49024'27" West, a distance of 89.87 feet to an angle point; North 75"14'40" West, a distance of 40.66 feet to an angle point; 150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546 phone 281.648.3131 1 fax 281,648.3737 1 e-mail christiar��bounda_ yone._com T. B. P. L. S. Firm No. 10084800 boundary Adk METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,428,103 SQ. FT.) PAGE 6 OF 8 South 43°53'50" West, a distance of 146.10 feet to an angle point; South 25005'22" West, a distance of 134.50 feet to an angle point; South 83033'17" West, a distance of 49.30 feet to an angle point; South 21 °22'27" West, a distance of 73.69 feet to an angle point; North 77°09'16" West, a distance of 62.96 feet to an angle point; South 59048'42" West, a distance of 48.72 feet to an angle point; North 76°29'09" West, a distance of 56.65 feet to an angle point; North 88056'38" West, a distance of 120.31 feet to an angle point; North 78°01'47" West, a distance of 221.29 feet to an angle point; North 67013'30" West, a distance of 112.00 feet to an angle point; North 50046" 1" West, a distance of 258.04 feet to an angle point; North 161100'41" West, a distance of 99.00 feet to an angle point; North 05--32'33" West. a distance of 60.42 feet to an angle point; North 23°27'30" East, a distance of 67.18 feet to an angle point; North 39020' 14" East, a distance of 42.52 feet to an angle point; North 59056'00" East, a distance of 35.59 feet to an angle point; South 84°03'09" East, a distance of 25.53 feet to an angle point; South 63121'49" East, a distance of 25.66 feet to an angle point; North 23323'59" East, a distance of 84.42 feet to an angle point; 150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546 phone 281.648.3131 1 fax 281.648.3737 1 e-mail christianL-ipboundaryone.com T.B.P.L.S. Firm No. 10084800 boundary Azak METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,428,103 SQ. FT.) PAGE 7OF8 North 27029'30" East, a distance of 63.48 feet to an angle point; North 19002'35" East, a distance of 103.93 feet to an angle point; North 14'38'12" East, a distance of 53.72 feet to an angle point; North 13°22'21" West, a distance of 9.00 feet to an angle point; North 15004'35" East, a distance of 70.83 feet to an angle point; North 31 °32'46" West, a distance of 52.49 feet to an angle point; North 21 °40'27" West, a distance of 75.23 feet to an angle point; North 291157'57" West, a distance of 10.93 feet to an angle point; North 35°55'50" West, a distance of 91.39 feet to a southerly corner of Restricted Reserve "D", CLEAR CREEK COMMUNITY CHURCH; THENCE, North 20009'13" East, departing said mean higher high water line of Clear Creek and along the common line of said Restricted Reserves "C" and "D", CLEAR CREEK COMMUNITY CHURCH, a distance of 208.95 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE- RPLS 5489" set marking the most southerly corner of said Restricted Reserve "B" and for an angle point; THENCE. North 08044'05" West, along the common line of said Restricted Reserves "B" and "C", CLEAR CREEK COMMUNITY CHURCH, at 608.49 feet passing the westerly common corner of said Restricted Reserves "A" and "C", continuing along a common line of said Restricted Reserves "A" and "B" for a total distance of 854.44 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking a common corner of said Restricted Reserves "A" and "B" and for an angle point; THENCE, South 8113'21" West, continuing along a common line of said Restricted Reserves "A" and "B". CLEAR CREEK COMMUNITY CHURCH, a distance of 185.80 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking a common corner of said Restricted Reserves "A" and "B" and for an angle point; 150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546 phone 281.648.3131 1 fax 281.648.3737 1 e-mail christianCa�boundaryone.com T.B.P.L.S. Firm No. 10084800 boundary @ METES AND BOUNDS DESCRIPTION 124.612 ACRES (5,428,103 SQ. FT.) PAGE 7 OF 8 THENCE. North 18"29'00" West. continuing along a common line of said Restricted Reserves "A" and "B CLEAR CREEK COMMUNITY CHURCH, a distance of 211.51 feet to the POINT OF BEGINNING and containing 124.612 acres (5.428,103 square feet) of land. This description is based upon a Land Title Survey of 106.472 Acres cf land prepared by Boundary One, LLC. Project Number 6767-2209-657G. Compiled by. Christian Offenburger, R.P.L.S. Boundary One, L.L.C. T.B.P.L.S Firm No. 10084800 150 W. Shadowbend, Suite 304 Friendswood, TX 77546 (281) 648-3131 www.boundaryone.com November 2. 2023 Mb124612.docx 150 W. Shadowbend Avenue, Suite #304 ; Friendswood, TX 77546 phone 281.648.3131 ;fax 281.648.3737 !email christiarn, bounciaryone.com T. B. P. L. S. Firm No. 10084800 NOTICE OF PUBLIC HEARING OF THE CITY OF FRIENDSWOOD, TEXAS, TO CONSIDER THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO MAKE CERTAIN IMPROVEMENTS OVER CERTAIN PROPERTY LOCATED WITHIN THE CITY. NOTICE IS HEREBY GIVEN THAT the City Council (the "City Council") of the City of Friendswood, Texas (the "City"), pursuant to Chapter 372 of the Texas Local Government Code, as amended (the "Act"), will hold a public hearing at 5:30 p.m. on December 4, 2023, in the City Council Chamber at Friendswood City Hall, 910 S. Friendswood, Dr., Friendswood, Texas 77546 for the purpose of considering the establishment by the City of a public improvement district to be located within the City. In accordance with the Act, the City Council has received a petition (the "Petition") from certain property owners within the corporate limits of the City (the "Petitioner"), that requests the establishment of a public improvement district (the "PID"). The Petition and the legal description of the property to be included in the PID are on file and open for public inspection in the office of the City Secretary at 910 S. Friendswood Dr., Friendswood, Texas 77546. The public hearing is being held with respect to the advisability of creating the PID and the improvements to be made therein. GENERAL NATURE OF THE AUTHORIZED IMPROVEMENTS: The proposed public improvements (collectively, the "Authorized Improvements") include: (i) design, acquisition, construction, improvement, and other allowed costs related to street and roadway improvements, including related drainage, sidewalks, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) design, acquisition, construction, improvement, and other allowed costs related to storm drainage improvements, (iii) design, acquisition, construction, improvement, and other allowed costs related to water, wastewater and drainage (including detention) improvements and facilities, (iv) design, acquisition, construction, improvement, and other allowed costs related to parks, open space and recreational improvements including trails and landscaping related thereto; (v) design, acquisition, construction, improvement, and other allowed costs related to firefighting facilities, (vi) design, construction and other allowed costs related to projects similar to those listed in sections (i) — (vi) above authorized by the Act, including similar off -site projects that provide a benefit to the Property within the District; (vi) acquisition of real property, interests in real property, or contract rights in connection with each Authorized Improvement (vii) payment of expenses incurred in the establishment, administration, and operation of the District; (viii) payment of expenses associated with financing such public improvement projects, which may include but are not limited to, costs associated with the issuance and sale of revenue bonds secured by assessments levied against the Property within the District; and (ix) maintenance and operation expenses of the Authorized Improvements. 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 Exhibit "B." Page 1 the establishment, administration and operation of the PID is $ plus the annual cost of operation and maintenance, if any. The City will pay no costs of the Authorized Improvements or operation and maintenance costs from funds other than assessments levied on property within the PID. The remaining costs of the proposed improvements will be paid from sources other than those described above. PROPOSED METHOD OF ASSESSMENT: The City shall levy assessments on each parcel within the PID in a manner that results in the imposition of an equal share of the costs of the Authorized Improvements on property similarly benefitted by such Authorized Improvements. The proposed method of assessment shall be based upon (i) an equal apportionment per lot, per front foot, or per square foot of property benefiting from the Authorized Improvements, as determined by the City, (ii) the ad valorem taxable value of the property benefiting from the Authorized Improvements, with or without regard to improvements on the property, or (iii) in any manner that results in imposing equal shares of the cost on property similarly benefitted. PROPOSED APPORTIONMENT OF COSTS BETWEEN THE CITY AND THE PID: The City will not be obligated to provide any funds to finance the Authorized Improvements. All of the costs of the Authorized Improvements will be paid from assessments levied on properties in the PID and from other sources of funds available to the Petitioner. BOUNDARIES OF THE PROPOSED PID: Approximately 106.472 acres of land within the City of Friendswood, Harris County, Texas. Said property being generally located at 3801 FM 528, Friendswood, Harris County, Texas. A metes and bounds description is available for inspection at the offices of the City Secretary at the location described above. All interested persons are invited to attend such public hearing to express their views with respect to the establishment of the PID and the Authorized Improvements to be made therein. This Notice of Public Hearing is given and the public hearing is being held pursuant to the requirements of the Act. The City of Friendswood is committed to compliance with the Americans with Disabilities Act. Reasonable accommodations and equal access to communications will be provided upon request. For assistance, please contact the City's ADA Coordinator Brian Rouane at 281-996-3285 via phone, 281-482-1634 via fax or contact 281-996-3285 via Relay Texas at 711 or 1-800-735- 2988 for TYY services. For more information concerning Relay Texas, please visit http://relaytexas.com. /S/Leticia Brysch, City Secretary City of Friendswood Exhibit "B." Page 2 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Friendswood this the 6 h day of November„�023. ATTEST: LETIC A BRYSCH, City Secfay 3 Petition Accepting Petition for Establishment of Public Improvement District INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Friendswood this the 6t" day of November„2,023. N. Mayor ATTEST: LETICI BRYSCH, City Secretary APPROVED AS TO FORM: 1U L. HORNER, City Attorney 3 Petition Accepting Petition for Establishment of Public Improvement District INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the 3 Petition Accepting Petition for Establishment of Public Improvement District INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Friendswood this the 6 h day of November,.2,023. ATTEST: LETICIA BRYSCH, City Secretary APPROVED AS TO FORM: KAREN L. HORNER, City Attorney or Uyc''4I ' � T •� ' ,.� co ATE OFF 3 Petition Accepting Petition for Establishment of Public Improvement District