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HomeMy WebLinkAboutResolution No. R2025-14 RESOLUTION NO. R2025-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE CREATION OF THE FALLING LEAF RANCH PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF FRIENDSWOOD IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; CONTAINING MATTERS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** 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 "Falling Leaf Ranch Public Improvement District") (the "District"); and WHEREAS, the Petition included the 117.506 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 March 3, 2025, the City Council accepted the Petition and called a public hearing for April 7,2025,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 April 7, 2025; and WHEREAS, the public hearing was held on April 7, 2025, 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 April 7,2025,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, 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. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. (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 $16,000,000. 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. (d) Boundaries of the District. The City Council has determined that the boundaries of the District should be 117.506 acres of land within the City of Friendswood, Galveston County,Texas.A metes and bounds description of the boundaries of the 2 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 Falling Leaf Ranch 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 Galveston County Clerk no later than April 14,2025,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. 3 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Friendswood this the 7th day of April, 2025. I L , ayor AT,ST: LETICIA BRYSCH, City : cretary FRIENDS 11, APPROVED AS TO FORM: ti ' KAREN L. HORNER, City Attorney �TgTE O0�1- STATE OF TEXAS § COUNTY OF GALVESTON§ Before me, the undersigned authority, on this day personally appeared Mike Foreman, Mayor 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 t e� day of 2025. Notary Public, State • xas s.«YocB, LETICIA C. BRYSCH YARY 1$1119 y =mission xpir s (.* E��°. January 3, 2027 4 Exhibit "A" District Boundaries METES 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 JMKS 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 5/8- 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 518-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 southwesterly 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," Page Solo Error!Unknown document property name.