Loading...
2024-044 - Creating the Forestbook Public Improvement District No. 1 relating to the Forestbrook Housing Development ProjectRESOLUTION NO. 2024-044 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, the City of Paris, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act"), to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; and WHEREAS, pursuant to the Act, on.fuly 10, 2024, there was submitted to and filed with the City Clerk of the City (the "City Clerk") a petition, a copy of which is on file with the City Clerk (the "Petition"), requesting the creation of the Forestbrook Public Improvement District No. I (the "District"), consisting of approximately 59.62 acres within the corporate limits of the City, which property is described by metes and bounds in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City Council of the City (the "Council") received the Petition and determined that it satisfied the requirements of the Act; and WHEREAS, the Council has investigated and determined that the public improvements described in the Petition and hereinafter defined (the "Authorized Improvements") are authorized by the Act, promote the interests of the City, and confer a special benefit on property within the District; and WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended (the "Open Meetings Act"), the Council convened the public hearing (the "Creation Hearing") to determine the advisability of creating and establishing the District and undertaking the Authorized Improvements described herein and in the Petition; and WHEREAS, such public meeting was convened on September 9, 2024, and was continued to October 14, 2024, and all owners of property located within the District and all other interested persons were given the opportunity at the Creation Hearing to speak for or against the creation of the District and the proposed Authorized Improvements; and WHEREAS, after all persons having an interest in the creation of the District were given an opportunity to be heard, the Council closed the Creation Hearing on October 14, 2024; and WHEREAS, the Council has made findings based on the information contained in the Petition presented to the Council and the comments received at the public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: SECTION 1. The Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. 217617-2024 Pages: 7 RES 10/16/2024 10:15:14 AM By: abyers Lamar County, TX Ruth Sisson - County Clerk 11111 11 1111I1111111IN II 111111111111111111111 1IN 1111 OMN� e �11Ur SECTION 2. The (i) form and content of the Petition, (ii) form, content and timing of the notices of the Creation Hearing, and (iii) conduct of the Creation Hearing are in compliance with all requirements of the Act and are hereby ratified and approved. SECTION 3. The Council, after considering (i) the Petition, (ii) information provided by City staff and (iii) the evidence and testimony presented at the Creation Hearing, hereby finds and determines that: A. The Petition was filed with the City Clerk and was signed by owners of 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 appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than 50 percent of the area of all real property that is liable for assessment under the proposal,: B. The proposed Authorized Improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the District; C. The proposed Authorized Improvements will promote the interests of the City and are of the nature that will confer a special benefit on all property within the District by enhancing the value of such property located within the District; D. The nature of the proposed improvements and estimated costs thereof are set forth and described in Exhibit B attached hereto and made a part hereof for all purposes: E. The boundaries of the District include all of the property that is set forth and described in Exhibit A attached hereto; F. The assessment of costs of the proposed Authorized Improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; G. The costs of the proposed Authorized Improvements shall be paid by assessment of the property within the District. The City will pay none ofthe costs of the proposed Authorized Improvements. Any remaining costs of the proposed Authorized Improvements will be paid from sources other than assessment of the property within the District; H. 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; and 1. The District shall be managed without the creation of an advisory body. SECTION 4. The District is hereby authorized, established and created as a public improvement district under the Act, and the Authorized Improvements described above are authorized to be made in accordance with a service and assessment plan to be approved by the Council. SECTION S. The District shall be known as the Forestbrook Public Improvement District No. 1. elerN SECTION 6. The City Clerk is hereby directed to cause a copy of this Resolution to be recorded in the real property records of Lamar County, Texas, on or before October 21, 2024. SECTION 7. If any section, article, paragraph, sentence, clause, phrase or word in this Resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 8. 'The authorization of the District pursuant to this Resolution shall take effect upon the adoption of this Resolution by the Council. DULY RESOLVED AND ADOPTED by the City Council of the City of Paris, Texas, on this the 14th day of October 2024. 0 /// ATTEST: ice Ellis v Clerk Stcohanie H. Harris City Attorney CITY OF PARIS M k4 il�ir an , M�or Exhibit A FORESTBROOK PUBLIC IMPROVEMENT DISTRICTNO. 1 59.62 ACRES, TRACT (FORESTBROOK FSTA'ri,'s sui-MIVISION, PHASE' ONEI) BEING a tract of land located in the JOSPE11 LEACH SU16,"EY, ABSTRACT No. 524, Larnar County, Texas and being a portion of that. certain called 91.20 -acre tract of land described as Tract I in deed to Lone Star Planned Developments, Ll.C, recorded in File No. 203288-2023 of the Official Public Records of Lamar County, Texas and being more particularly described by metes and bounds as -follows: BEGENNING at a point at the Southwest corner of said called 91.20 -acre tract, from which a t12 - inch iron rod found bears S 00" 21' 55" E, 0.45 lett, said point lying in the North right-of-way line of Jefferson Road (F. M. 1507, an 80' right-of-way); THENCE N 00' 21' 55" W, 758.95 feet along the West boundary line of said called 91.20 -acre tract to a point; TI EINCE S 89' 37' 23" E, 159.07 feet departing said boundary line to a point; THENCE S 00" 22' 37" W, 2.65 teet to a point.; THENCE S 89" 37' 23" E, 130.79 feet to a point', THENCE S 00'22' 37" W, 5.75 feet to a point, THENCE S 83'' 37' 00" E, 758.30 feet to a point; THENCE S 00" 22' 37" NA', 74111 1'eet to a point in the South boundary line of aforesaid called 91.20 -acre tract, lying in the aforesaid North right-of-way line of Jefferson Road; THENCE along the South boundary line of said called 91.20 -acre tract with the said North tight - of -way line orJeffierson Road as follows: N 85" 32' 04" W, 782.02 feet to a concrete monument round at the Beg ,inning ofa Curve to the NORTHWESTERLY, 254.59 t'eet along said Curve to the Left, having a radius or 11,499,16 feet, a central angle of 01" 16' 07" and a chord hearing N 8C" 11' 49" W,' 254.59 feet to the PLACE OF BEGINNING. containing 18.076 acres ofland, TRACT3 BEING a tract of'land located in the JOSPEH LEACH SURVEY, ABSTRACT No. 524, Lamar County. Texas and being a portion of that certain called 91.20 -acre tract of land described as Tract I in deed to Lone Star Planned Developments, LLC, recorded in File No. 203288-2023 of the Official Public Records of Lamar County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a point at the Southwest comer of'said called 91.20 -acre tract. from �Nhich a 1,z -inch iron rod found bears S OW 21' 55" E, 0.45 feet, said point lying in the -North right-of-way line of Jefferson Road (F. M. 1507, an 80' right-ol'way); THENCE N 00- 21' 55" W, 758.95 feet along the West boundary line of said called 91.20 -acre tract to the PLACE OF BEGINNING of the tract herein described; THENCE N 00" 21' 55" W, 541.19 feet continuing along the West boundary line of said called 91.20 -acre tract a point, THENCE N 89" 39' 53" E, 225.89 feet departing said boundary line to a point at the Beginning of a Curve to the Right; THENCE SOUTHEASTERLY, 60.01 feet along said Curve to the Right, having a radius of 755.92 feet, a central angle of 04' 32' 56" E, and a chord hearing S 86r 32' 10" E, 59,99 feet to a point at the End of* said Curve; THENCE S 83" 39' 55" E, 54.64 feet to a point; THENCE S 83`36' 59" E, 654.48 feet to a point; THENCE S 831' 34' 16"E, 60.34 feet to a point; THENCE S OW 22' 37" W. 547.95 feet to a point; THENCE N 83,-- 37' 00" 'A", 758.30 feet to a point-, THENCE N OW 22' 37" E, 5,75 feet to a point-, THENCE N 89- 37' 23", \V. 130.79 feet to a point; THENCE N 00' 22' 37" E, 2.65 feet to a point, 'rill,.NCt.' N 89" 37' 23" W, 159.07 feet to the PIACF OF BFIGINNING, containing 13.149 acres of land. TRACT BEING a tract of land located in the JOSPEH LEACH 524., Laniar County. Texas and being a portion of that certain called 91,20 -acre tract of land described as Tract I in deed to Lone Star Planned Developments, LLC, recorded in File No. 203288-2023 of tile OffiCiaI Public Records of Lamar County, Texas and being more particularly described by metes and hounds as follows: BEGINNING at a '-inch iron rod found with plastic cap stamped "K. NVIll'I'LL'Y" at the Southeast corner of said called 91.20 -acre tract, lying in the Westerly boundary line of that certain called 5.13 -acre tract of land described in deed to Billy G. Long, et a], recorded in File No. 157159-2018 ofthe Official Public Records of Lamar County, Texas, THENCE along the South boundary line of said called 91.20 -acre tract as follows: N 88`03' 17" W, 345.48 feet with a Westerly boundary line of said called 5.13 -acre tract to a inch iron rod found with plastic cap stamped "BY-LINE" at the most Westerly Northwest corner of'said called 5.13 -acre tract, lying in the North right-of-way line ot'Jefferson Road (F. M. 1507, an 80' right-ol'way); N 85"32' 04" W, 625.03 feet with the said North right -of way line of Jefferson Road to a point; THENCE N 00' 22' 37" E, 1290.06 feet departing said right-of-way line to a point; THENCE S 83, 34' 16" E. 710.72 feet to a point; 'THENCE N 06' 46' 04" E, 2.01 feet to a point: THENCE SOT ' SOUTHEASTERLY, 61.34 reet along a Curve to the Left. having a radius of 1302.42 feet, a central angle of 02" 41' 54" and a chord hearing S 87 50' 35" E, 61.33 feet to a point at the End of said Curve, TFIE,NCE N 89' 57' 57" E, 121,01 feet to a point; THENCE S 89' 37' 23" E, 73.55 feet to a point in the Fast boundary line of albrosaid called 91.20 -acre tract, being the West boundary line ofthat certain called 19.36 -acre tract in aforesaid Lone Star Planned Developments, LLC deed-, THENCE along the East boundary line orsaid called 91.20 -acre tract as follows: S 00' 46' 10" E, 605.93 feet with the West boundary line of said called 1936 -acre tract to a inch iron rod round with plastic cap stamped "BY-LINE" at the Southwest corner thereof, being the Northwest corner of that certain called 3.701 -acre tract of land described in deed to Dale Long and Billy G. Long, recorded in Volume 495,, Page 162 or the Real Property Records of Lamar County, Texas, being more fully described in a Release of Lien recorded in, Volume 668, Page 13 of theReal Property Records of Lamar County., Texas; S 00" 54' 36" W, 664.33 feet with the Westerly boundary line of said called 3.701 -acre tract and aforesaid called 5.13 -acre tract to the PLACE OF 131,"GINNING, containing 28,396 acres of land. Exhibit B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS General Nature of the Proposed Authorized Improvements. The proposed public improvements include: (i) design, construction and other allowed costs related to street and roadway improvements, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) design, construction and other allowed costs related to water, wastewater and drainage (including storm drainage and detention) improvements and facilities; (iii) design, construction and other allowed costs related to parks, open space and recreational improvements, including trails and landscaping related thereto; (iv) design, construction and other allowed costs related to projects similar to those listed in sections (i) - (iii) above authorized by the Act, including similar off-site projects that provide a benefit to the Property; (v) acquisition, by purchase or otherwise, of real property in connection with an Authorized Improvement; (vi) payment of expenses incurred in the establishment, administration, and operation of the District and (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. 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 establislu-nent, administration and operation of the District is approximately $20,000,000. B -I