HomeMy WebLinkAboutResolution No. R2024-01 RESOLUTION NO. R2024-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING AND CREATING A PUBLIC
IMPROVEMENT DISTRICT IN THE CITY OF FRIENDSWOOD IN
ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL
GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS,the City Council (the "City Council")of the City of Friendswood, Texas (the
"City") is authorized under Chapter 372 of the Texas Local Government Code, as amended (the
"Act") to create a public improvement district(a"PID")within its corporate limits; and
WHEREAS,the City received a petition(the "Petition"), requesting the establishment of a
PID(to be known as the"Friendswood City Center Public Improvement District")(the"District");
and
WHEREAS, the Petition included the 106.472 acres of land within the corporate limits of
the City,which is further described by metes and bounds in Exhibit A(the "Property"); and
WHEREAS, the Petition was signed by the record owner of taxable real property
representing more than 50% of the appraised value of the real property liable for assessment and
the record owner of taxable real property that constitutes more than 50%of the area of all taxable
real property within the District that is liable for assessment, ( the "Petitioner"); and as such, the
Petition complies with the Act; and
WHEREAS, on November 6, 2023, the City Council accepted the Petition and called a
public hearing for December 4, 2023, on the creation of the District and the advisability of the
improvements; and
WHEREAS, notice of the hearing was published in a newspaper of general circulation in
the City in which the District is to be located, in accordance with the Act; and,
WHEREAS,notice to the owners of property within the proposed District was sent by first-
class mail to the owners of 100%of the property subject to assessment under the proposed District
containing the information required by the Act such that such owners had actual knowledge of the
public hearing to be held on December 4, 2023; and
WHEREAS,the public hearing was held on December 4,2023, and the City Council now
desires to create the public improvement district; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That the findings set forth in the recitals of this resolution are found to be
true and correct and are incorporated herein for all purposes.
Section 2. That the Petition submitted to the City by the Petitioner was filed with the
City Secretary and complies with the Act.
Section 3. That pursuant to the requirements of the Act, including,without limitation,
Sections 372.006, 372.009(a),and 372.009(b),the City Council,after considering the Petition and
evidence and testimony presented at the public hearing on December 4, 2023, hereby finds and
declares:
(a) Advisability of the Proposed Improvements. It is advisable to create the District to
provide the Authorized Improvements (as described below). The Authorized
Improvements are feasible and desirable and will promote the interests of the City
and will confer a special benefit on the Property.
(b) General Nature of the Authorized Improvements. The general nature of the
proposed public improvements(collectively,the"Authorized Improvements")may
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) — (v) above authorized by
the Act, including similar off-site projects that provide a benefit to the Property
within the District; (vii) acquisition of real property, interests in real property, or
contract rights in connection with each Authorized Improvement(viii)payment of
expenses incurred in the establishment, administration, and operation of the
District; (ix) 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(x)maintenance and operation expenses of the
Authorized Improvements.
(c) Estimated Costs of the Authorized Improvements and Apportionment of Costs. 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 the establishment, administration
and operation of the District is $100,000,000. The City will pay no costs of the
Authorized Improvements from funds other than assessments levied on property
within the District. The remaining costs of the proposed improvements will be paid
from sources other than those described above.
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(d) Boundaries of the District. The City Council has determined that the boundaries
of the District should be 106.472 acres of land within the City of Friendswood,
Harris County, Texas. A metes and bounds description of the boundaries of the
District is attached hereto as Exhibit"A" and incorporated herein for all intents and
purposes.
(e) Proposed Method of Assessment. The City shall levy assessments on each parcel
within the District 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 benefitting 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.
(f) Apportionment of Cost Between the District and the City. 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 District and from other sources of funds available to the
Petitioners.
(g) Management of the District. The District shall be managed by the City, with the
assistance of a consultant, who shall, from time to time, advise the City regarding
certain operations of the District.
(h) Advisory Board. The District shall be managed without the creation of an advisory
body.
Section 4. That the creation of the Friendswood City Center Public Improvement
District is hereby confirmed, authorized and created as a public improvement district under the
Act in accordance with the findings of the City Council as to the advisability of the Authorized
Improvements contained in this resolution, the nature and the estimated costs of the Authorized
Improvements, the boundaries of the District, the method of assessment and the apportionment of
costs as described herein; and the conclusion that the District is needed to fund such Authorized
Improvements.
Section 5. That the City Manager is directed to cause to be prepared a Service and
Assessment Plan for the District and to present it to the City Council for review and approval.
Section 6. That the City Secretary is hereby authorized and directed to file a copy of
this resolution with the Harris County Clerk no later than January 15, 2024, the seventh (7th) day
after its date of adoption.
Section 7. That this resolution shall take effect immediately from and after its passage
by the City Council of the City of Friendswood.
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INTRODUCED, READ and PASSED by the affirmative vote of the City ouncil of the
City of Friendswood this the 8th day of January, 2024.
STEVE ROCKEY, Mayor Pro Te
ATT T:
FRIENDS ,
LETICIA BRYSCH, City Se
t.
'e
APPROVED AS TO FORM: -k _LT.
IFIfq6YUVLOA, ST/1 rE OF
KAREN L. HORNER, City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned authority, on this day personally appeared Steve Rockey,
Mayor Pro Tern of the City of Friendswood, Texas,known to me to be the person who signed the
above and acknowledged to me that he executed the above and foregoing Resolution in my
presence for the purposes stated therein.
Given under my hand and seal of office this e 8th d of J , 2024.
Notary Public, State of Te
[NOTARY STAMP]
ara(a LETICIA C. BRYSCH
( Notary ID #13412458-9
PQ * My Commission Expires
N.Eor,* January 3. 2027
H:\City Council\Resolutions\2024\01-08-2024\Resolution-Creating City Center PID.docx
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Exhibit "A"
District Boundaries
METES AND BOUNDS DESCRIP I ION
106.472 ACRES (4.837.900 SQUARE FEET)
SARAH MCKISSICK LEAGUE. A-549
CITY OF FRIENDSW'OOD
HARRIS COUNTY. TEXAS
Being a tract or parcel containing 100 472 acres (4.637,900 square feet)of land situated
in the Sarah McKissick League, Abstract Number 649, 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 the residue of a called 135.778 acre tract of land
conveyed to Clear Creek Community Church as described by deed recorded under
Harris County Clerk's File (H.C.C.F.) No 20150231965; said 106.472 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,
NA083(NA2O 1 1)
BEGINNING at a 5/8-inch iron rod with cap stamped "GB1 PARTNERS" found on the curved
southerly right-of-way (R.O.W ) line of F M 528 (120 feet wide) and marking the northerly
common corner of said Restricted Reserves "A" and `B". CLEAR CREEK COMMUNITY
CHURCH, said iron rod also for the northwest corner of the herein described tract;
THENCE, Northeasterly, an arc distance of 31 1 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 09-41'38-, 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 (TXOOT) aluminum disk found bears South
07"56' East. 0 69 feet.
THENCE. North 81-1 2'37" East. along said southerly R 0 W line. at 90 40 feet passing a
5/8-inch iron rod found marking the northeast corner of said Restricted Reserve "A"
continuing in all for a total distance of 1.772 42 feet to a 5/8-inch iron rod found at the base
of a concrete pad and marking the northwest corner of a called 28.9270 acre tract of land
conveyed to Clear Creek I.S D. as described by deed recorded under H.C.C.F No
P598260. said iron rod for the northeast corner of the herein described tract
THENCE, South 08"47'23" East. departing said southerly R O.W line, at 1.289.38 feet
passing a 5/8-inch iron rod found marking the westerly common corner of said 28.9270
acre tract and a called 10.0000 acre tract of land conveyed to Clear Creek I S D as
described by deed recorded under H.C.C.F. No. P598262. continuing in all for a total
distance of 2.190 65 feet to a 5/8-inch iron rod with cap stamped "RPLS 3974" found on
the northwesterly R 0 W line of a Harris County Flood Control District drainage
easement (150 feet wide) as described by deeds recorded under H C C.F No(s)
E449568 and X384682. said iron rod for the southeast corner of the herein described
tract;
Exhibit "Az" Page 1
METES AND BOUNDS DESCRIPTION
106.472 ACRES (4,637,900 SQ. FT.)
PAGE 2 OF 4
THENCE, South 38'20'29" West, along said northwesterly R.O.W. line, a distance of
877.99 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 32'41'57" 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 73'53'13" West, a distance of 47.50 feet to an angle point;
South 49'24'27" 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;
South 43'53'50" West, a distance of 146.10 feet to an angle point;
South 25"05'22" West, a distance of 134.50 feet to an angle point;
South 83'33'17" 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 59'48'42" West, a distance of 48.72 feet to an angle point;
Exhibit"A;" Page 2
METES AND BOUNDS DESCRIPTION
108.472 ACRES (4.637,900 SQ_ FT.)
PAG3E 3 OF 4
North 76"29'09" West. a distance of 56.65 feet to an angle point;
North 88"56'38" 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 67"13'30" Wost, a distance§ of 112.00 feet to an angle point;
North 50"46'11" West, a distance, of 258.04 feet to an angle point;
North 16"00'41" 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 39"20'14" East. a distance of 42.52 feet to an angle point;
North 59.'56'00" 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 63�21'49" East, a distance of 25.66 feet to an angle point;
North 23"23'59" East, a distance of 84.42 feet to an angle point;
North 27"29'30" East, a distance, of 63.48 feet to an angle point;
North 19"02'35" 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 15"04'35" 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;
Exhibit"A;"Page 3
METES AND BOUNDS DESCRIPTION
106.472 ACRES (4,637,900 SQ. FT.)
PAGE 4 OF 4
North 21'40'27" West, a distance of 75.23 feet to an angle point;
North 29'57'57" 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 20°09'13" 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 08'44'05" 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 81'13'21" 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;
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 106.472 acres (4,637,900 square feet)of land. This description
is based upon a Land Title Survey of 106.472 Acres of 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.corn
October 20, 2022
Exhibit "A,"Page 4