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HomeMy WebLinkAboutResolution No. R2025-07 RESOLUTION NO. R2025-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ACCEPTING A PETITION FOR THE ESTABLISHMENT OF THE FALLING LEAF RANCH 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 (the "Property"), 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, 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, including detention ponds, and underground detention facilities; (iii) design, acquisition, construction, improvement, and other allowed costs related to water and wastewater 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, 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 PID; (vi) payment of expenses incurred in the establishment, administration, and operation of the PID; (vii) 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 PID; and (viii) 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 PID, 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, STATE OF 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 April 7, 2025, 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 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Friendswood on this the 3`d day of March, 2025. LL IKE FOP MA , Mayor ATT ST: / / / A % — i� LETICIA BRYSCH, City Secretar diR\ENDskk APPROVED AS TO FORM: ► * U -k KA N L. HORNER, City Attorney kPl•AI PE OF-• .T. H:\City Council\Resolutions\2025\03-03-2025\Resolution-Accepting PID Petition and Calling Public Hearing.docx 3 Exhibit "A" PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY FRIENDSWOOD,TEXAS COMES NOW,JMK5 Falling Leaf LLC a Texas limited liability company("Petitioner"), the owner of a parcel or parcels of taxable real property, who hereby petition the City of Friendswood, Texas ("City"), to conduct a hearing on this Petition, and to create a Public Improvement District pursuant to Chapter 372 of the Texas Local Government Code, as amended (the"District"). In support of the same, Owner would respectfully show the following: I. The boundaries of the proposed District are set forth in Exhibit"A" attached hereto and incorporated by reference herein. All of such land is located in the corporate limits of the City or its extraterritorial jurisdiction. II. j The general nature of the proposed improvements (the "Improvements") are: (i) design, acquisition, construction, improvement, and other allowed costs related to street and roadway improvements,including related drainage,sidewalks,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, including detention ponds, and underground detention facilities, (iii) design, acquisition, construction, improvement, and other allowed costs related to water and wastewater 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, 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; (vi) payment of expenses incurred in the establishment, administration, and operation of the District; (vii) 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 (viii) maintenance and operation expenses of the Authorized Improvements. III. The estimated total cost of the proposed Authorized Improvements together with bond issuance cost, eligible legal and financial fees, eligible credit enhancement costs and eligible cost incurred in the establishment, administration and operation of the District is $16,000,000.00 (sixteen million dollars.) The City will pay no cost of the Authorized Improvements or supplemental services from funds other than assessments levied on property within the District. IV. 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. Each assessment may be i paid in part or in full at any time(including interest),and certain assessments may be paid in annual installments (including interest). If the City allows an assessment to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those public Improvements financed by the assessment and must continue for a period necessary to retire the indebtedness on those public Improvements(including interest). V. All of the cost of the proposed Improvements shall be apportioned to and paid by assessment of the property within the District.The City will pay none of the costs of the proposed Improvements.Any remaining costs of the proposed Improvements will be paid from sources other than assessment of the property within the District. VI. The management of the District will be by the City with the assistance of a third-party administrator hired by the City and paid as part of the annual administrative cost of the District. VII. The person or entity signing this Petition request the establishment of the District, is duly authorized,and has the corporate authority to execute and deliver the Petition. VIII. The Petitioner proposes that the District be established and managed without the creation of an advisory board. IX. Notwithstanding that the total acreage within the proposed District is less than fifty (50) acres,Petitioner is requesting that the City reimburse Petitioner for the cost of the Improvements. X The persons or entities (through authorized representatives) signing this Petition are also owners 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 the record owners of real property liable for assessment under the proposal who: (a) constitute more than fifty percent(50%) of all record owners of property that are liable for assessment under the proposal, and(b) own 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. XI. 2 This Petition will be filed with the City Secretary, City of Friendswood, Texas. [EXECUTION PAGE FOLLOWS] 3 JMKS FALLING LEAF LLC a Texas limited liability company BY: TITLE: N111..hUq;no) MQ, 'j<er- THE STATE OF TEXAS § COUNTY OF Clod 0-L c tY-\ § Before me, the undersigned authority, on this day personally appeared �-2 rorn.e Y_CL.r"o.rv- , rn L ha.o i h JtlAk rW l t.trof c)M 1C c tit, known to me o bc`3uch persons who signed the above and acknowledged to me that such persons executed the above and foregoing Resolution in my presence for the purposes stated therein. Given under my hand and seal of office on this 9cc-1 , CIc -fin �, a�1 a o as. • ( Q.r--t.L f2_t QLAD otary Public, State of Texas ,c,1Y°I DANIELLE MARCHELLE WILLIAMS _"�`' Notary ID tt133642334 AdaMy Commission Expires F of'CC" 14, 2026 Signature Page to Petition to Create a Public Improvement District EXHIBIT A PROPERTY DESCRIPTION Fv1ETES AND BOUNDS DESCRIPTION 117.506 ACRES (5.118.557 SQ. FT.) ROBERT HOPPEL SURVEY. A-83 B.B.B. & C.R.R. CO. SURVEY. A-46 CITY OF FRIENDSWOOD GALVESTON COUNTY. TEXAS Being a tract or parcel containing 117.506 acres (5.118.557 square feet) of land situated in the Robert Hoppel Survey. Abstract Number 83 and the B.B.B. & C.R.R. Co. Survey. Abstract Number 46. Galveston County. Texas: being all of a called 61.892 acre tract of land (Parcel 1 ). all of a called 10.019 acre tract of land (Parcel 2) and all of a called 46.893 acre tract of land (Parcel 3) conveyed to JMK5 Falling Leaf. L.L.C. as described in deed recorded under Galveston County Clerk's File (G.C.C.F.) Number 2023024740 SAVE AND EXCEPT a 1.298 acre (56.553 square feet) portion of land out of said 61.892 acre tract lying in the B.B.B. & C.R.R. Co. Survey. Abstract Number 160. Brazoria County. Texas and being more particularly described as follows (bearings are grid and oriented to the Texas State Plane Coordinate System. South Central Zone Number 4204. US Survey Feet. NAD83): BEGINNING at a 1-inch iron pipe having Texas State Plane Grid Coordinates of X=3.168.514.00 and Y=13.750.362.36 found marking the most northerly corner of the B.T. Masterson Survey. A-732. the most westerly corner of said Robert Hoppel Survey. A-83 and said 61.892 acre tract: said iron pipe for the most westerly corner of the herein described tract: THENCE. North 41`31'29" East. along the common line of said Robert Hoppel Survey. A-83 and said B.B.B. & C.R.R. Co. Survey. A-160. a distance of 407.35 feet to a 518- inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most northerly corner of the herein described tract: THENCE. South 07'18'06" East. departing said common line. over and across said 61.892 acre tract and along the Brazoria-Galveston County line. a distance of 493.71 feet to a 5;8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most southerly corner of the herein described tract: THENCE. North 48'17'38- West. along the south'..esterly line of said Robert Hoppel Survey. A-83 and said 61.892 acre tract. a distance of 277.67 feet to the POINT OF BEGINNING and containing 1.298 acres (56.553 square feet) of land. This description is based upon a Preliminary Plat of Falling Leaf Ranch prepared by Boundary One Surveyors. LLC dated February 21. 2025. Exhibit A EXHIBIT "B" 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 April 7,2025,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(the "Property")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, 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, including detention ponds, and underground detention facilities; (iii) design, acquisition, construction, improvement, and other allowed costs related to water and wastewater 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, 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 PID; (vi) payment of expenses incurred in the establishment,administration,and operation of the PID; (vii)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 PID; and (viii) 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 the establishment,administration and operation of the PID is SIXTEEN MILLION AND NO/100 DOLLARS ($16,000,000.00) 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 Exhibit"B,"Page 1 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 117.506 acres of land within the City of Friendswood, Galveston County, Texas. Said property being generally located southeast of Stonewall Pass Lane,southwest of Baker Road,northeast of Janet Lane,and northwest of Wilderness Trails, Friendswood, Galveston County, Texas. A metes and bounds description of the Property 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 2