16 - Petition for Establishment of the Forestbrook Public Improvement District No 1Item No. 16,
Memorandum
To: Mayor, Mayor Pro -Tem & City Council
FROM: Interim City Manager Robert G. Vine
SUBJECT: A RESOLUTION OF THE CITY OF PARIS, TEXAS ACCEPTING FOR
FILING A PETITION FOR ESTABLISHMENT OF THE
FORESTBROOK PUBLIC IMPROVEMENT DISTRICT NO. l;
CALLING A PUBLIC HEARING ON THE ADVISABILITY OF THE
CREATION OF SAID DISTRICT; AUTHORIZING THE ISSUANCE OF
NOTICE BY THE CITY CLERK REGARDING THE PUBLIC
HEARING; AND APPROVING A PROFESSIONAL SERVICES
REIMBURSEMENT AGREEMENT
DATE: August 12, 2024
BACKGROUND: The Forestbrook Estates Subdivision has been an ongoing project for
approximately two years with developer, Nathan Spaulding working with City Staff to create a
planned development. This subdivision is a multi -phase development located in the southeast side
of the City. This development was originally planned to be funded by private investors, however,
the plans changed to involve a Public Improvement District.
STATUS OF ISSUE: On July 3, 3024, Lone Star Planned Developments, LLC, filed a Petition
for the Creation of a Public Improvement District (PID) Within the City of Paris, Texas, with
Nathan Spaulding signing as a Managing Member, (See attachment A), for the Forestbrook Estates
Subdivision, encompassing approximately 59.62 acres.
Nathan Spaulding is the owner of taxable real property representing more than 50 percent of the
appraised value of taxable real liable for assessment under the proposal, as determined by the
current roll of the appraisal district in the proposal and is the record owner of real property liable
for assessment under the proposal who (a) constitutes more than 50 percent of all record owners
of property that is liable for assessment under the proposal; or (b) owns taxable real property that
constitutes more than 50 percent of the area of all taxable real property that is liable for assessment
under the proposal.
The project has several items to bring before Council:
- This resolution before you to accept the PID creation petition and consider a resolution
calling a public hearing and approving a professional services reimbursement agreement,
(08/12)
- A future resolution approving a development agreement, conducting a public hearing on
the PID creation and considering a resolution creating a PID process and a PID,
- An ultimately, an ordinance approving and authorizing issuance and sale of Special
Assessment Revenue Bonds, Series 2024 and ordinance levying PID assessments and
approving a final service and assessment plan and related agreements.
Note: Acceptance of the Petition to Create a Public Improvement District inside the City of Paris
does not constitute the creation of a Public Improvement District.
BUDGET: This item has no budgetary considerations.
RECOMMENDATION: Staff and third -party consultants recommend accepting for filing a
petition for establishment of the Forestbrook Public Improvement District No. 1; calling a public
hearing on the advisability of the creation of said district; authorizing the issuance of notice by the
City Clerk regarding the public hearing; and approving a professional services reimbursement
agreement.
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
ELLIS COUNTY
CITY OF PARIS
We, the undersigned officers of the City of Paris, Texas (the "City"), hereby certify as
follows:
1. The City Council (the "Council") of the City convened in a regular meeting on
August 12, 2024, at the designated meeting place, and the roll was called of the duly constituted
officers and members of the Council, to wit:
Mihir Pankaj, Mayor
Gary Savage, Mayor Pro Tem
Shatara Moore, Council Member
Mickey Ellis, Council Member
Rebecca Norment, Council Member
Alix Putnam, Council Member
Rudy Kessel, Council Member
Janice Ellis, City Clerk
and all of said persons were present except mm mmm . _...... , thus
constituting a quorum. Whereupon, among other business the following was transacted at said
meeting: a written
A RESOLUTION OF THE CITY OF PARIS, TEXAS ACCEPTING FOR
FILING A PETITION FOR ESTABLISHMENT OF THE FORESTBROOK
PUBLIC IMPROVEMENT DISTRICT NO. 1; CALLING A PUBLIC
HEARING ON THE ADVISABILITY OF THE CREATION OF SAID
DISTRICT; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY
CLERK REGARDING THE PUBLIC HEARING; AND APPROVING A
PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT
was duly introduced for the consideration of the Council. It was then duly moved and seconded
that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage
of said Resolution, prevailed and carried, with all members of the Council shown present above
voting "Aye," except as noted below:
NAYS: ABSTENTIONS:
2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; said
Resolution has been duly recorded in the Council's minutes of said meeting; the above and
foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting
pertaining to the passage of said Resolution; the persons named in the above and foregoing
paragraph are the duly chosen, qualified, and acting officers and members of the Council as
indicated therein; that each of the officers and members of the Council was duly and sufficiently
notified officially and personally, in advance, of the time, place, and purpose of the aforesaid
meeting, and that said Resolution would be introduced and considered for passage at said meeting,
and each of said officers and members consented, in advance, to the holding of said meeting for
such purpose; and that said meeting was open to the public, and public notice of the time, place,
and purpose of said meeting was given all as required by the Texas Government Code, Chapter
551.
3. The Council has approved and hereby approves the Resolution; and the Mayor and
City Clerk hereby declare that their signing of this certificate shall constitute the signing of the
attached and following copy of said Resolution for all purposes.
SIGNED AND SEALED ON AUGUST 12, 2024.
City Clerk — rr_.........., „ �.........
Mayor
City of Paris, Texas City of Paris, Texas
(City Seal)
Signature Page to Certificate for Resolution Accepting Petition and Calling Creation Hearing
A RESOLUTION OF THE CITY OF PARIS, TEXAS ACCEPTING FOR
FILING A PETITION FOR ESTABLISHMENT OF THE FORESTBROOK
PUBLIC IMPROVEMENT DISTRICT NO. 1; CALLING A PUBLIC
HEARING ON THE ADVISABILITY OF THE CREATION OF SAID
DISTRICT; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY
CLERK REGARDING THE PUBLIC HEARING; AND APPROVING A
PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT
WHEREAS, the City of Paris, Texas (the "City"), is authorized under Chapter 372 of the
Texas Local Government Code (the "Act"), to create a public improvement district within its
corporate limits; and
WHEREAS, on July 10, 2024, Lone Star Planned Developments, LLC, a Texas limited
liability company, being the owner of (1) 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 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 50 percent of all record owners of property that is liable for assessment under the
proposal; or (B) owns taxable real property that constitutes more than 50 percent of the area of all
taxable real property that is liable for assessment under the proposal, within the corporate limits of
the City, submitted and filed with the City Clerk a petition (the "Petition"), attached as Exhibit A,
requesting the establishment of the Forestbrook Public Improvement District No. 1, consisting of
approximately 59.62 acres of property within the corporate limits of the City (the "District"); and
WHEREAS, the Petition described public improvements that the property desires to be
made within the public improvement district; and
WHEREAS, the City Council of the City (the "Council") will hold a public hearing in
accordance with Section 372.009 of the Act regarding the advisability of establishing the District,
the nature of the improvements contemplated, the estimated costs of the improvements, the
boundaries of the District, the method of assessment, and the apportionment, if any, of the costs;
and
WHEREAS, it is hereby officially found and determined that the meeting at which this
resolution was considered was open to the public, and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code; and
WHEREAS, in order to hold a public hearing for the creation of a public improvement
district, notice must be given in a newspaper of general circulation in the municipality before the
15'h day before the date of the hearing, and written notice must be mailed to the current address of
each owner, as reflected on the tax rolls, of property that would be subject to assessment under the
proposed public improvement district; and
91
WHEREAS, both newspaper notice and mailed notice must contain the information
required for notice as provided for in Section 372.009 of the Act; and
WHEREAS, the Council has determined to hold a public hearing on September 9, 2024
on the creation of a public improvement district; and
WHEREAS, the Council finds that the passage of this Resolution is in the best interest of
the citizens of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1: All of the above recitals 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: City Staff reviewed the Petition and determined that the same complied with
the requirements of the Act and the Council hereby accepts the Petition.
Section 3: That a public hearing is hereby called for September 9, 2024 at 5:30 p.m. in the
City Council Chamber at City Hall, 107 E. Kaufman Street, Paris, Texas 75460, for the purpose
of hearing public testimony with respect to the advisability of establishing the District, the nature
of the improvements contemplated, the estimated costs of the improvements, the boundaries of the
District, the method of assessment, and the apportionment, if any, of the costs.
Section 4: At such time and place the Council will hear testimony regarding the creation
of the proposed public improvement district and the Council may, within its sole discretion,
consider the adoption of a resolution authorizing the creation of the proposed public improvement
district.
Section 5: The Petition attached hereto as Exhibit A contains a legal description of the
59.62 acres of property to be included in the proposed public improvement district.
Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the
"Notice") the form and substance of which is hereby adopted and approved.
Section 7: The City Clerk is hereby authorized and directed to cause said Notice to be
published in substantially the form attached hereto, in a newspaper of general circulation in the
City, and to mail a copy of said Notice to all landowners within the boundaries of the proposed
public improvement district as required by law. The City Clerk shall provide Notice on or before
the 15a' day before the September 9, 2024 hearing.
M
Section 8: The Professional Services Reimbursement Agreement (the "PSA") between the
City and the Petitioner is hereby authorized and approved in substantially final form attached
hereto as Exhibit C, which the City Manager is hereby authorized to execute and deliver.
Section 9: 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 Council hereby determines that it would have adopted this resolution without the invalid
provision.
Section 10: This resolution shall be in full force and effect from and after its passage, and
it is accordingly so resolved.
PASSED AND APPROVED ON THIS 12TH DAY OF AUGUST, 2024.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
APPROVED:
Mihir Pankaj, Mayor
5
Exhibit A
Petition to Establish Forestbrook Public Improvement District No. 1
A-1
PETITION FOR THE CREATION OF A
PUBLIC IMPROVEMENT DISTRICT WITHIN
THE CITY OF PARIS, TEXAS
(City of Paris Public Improvement District No. I)
THE STATE OF TEXAS
# •'
The undersigned petitioner (the "Petitioner"), acting pursuant to the provisions of
Chapter 372, Texas Local Govemment Code, as amended (the "Act"), hereby petitions and
requests the City Council of the City of Paris, Texas (the "City") create a public improvement
district (the "District") encompassing the approximately 59.62 acres described in Exhibit A
attached hereto ("Property") located within the corporate limits of the City, and in support of
this petition the Petitioner would present the following:
Section_ 1,. Stand,n, o,fPetitioner. The Petitioner is (1) the owner 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 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 50 percent of al l record owners of property that is
liable for assessment under the proposal; or (b) owns taxable real property that constitutes more
than 50 percent of the area of all taxable real property that is liable for assessment under the
proposal.
Section 2. General nature of the,p"oo gsgd, Public M?rovements. The proposed
public improvements (collectively, the "Authorized Improvements") include : (1) 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.
Section 3. Estimated cost,of the Provo .ed Autho,nzed,,Tmirovements__ Petitioner
estimates the cost to design, acquire and construct the Authorized Improvements is
$20,000,000.
018581.00000114895-8205®9978,v 1
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 lot or
7
parcel within the District in a manner that results in imposing equal shares of the costs on
property similarly benefitted.
Section 6. A,,) , qqLqpL ent 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 AuthorizedImprovementswill be paid from assessments
levied on proper -ties in the District and from other sources of funds, if any, available to the
Petitioner.
Sq ion 7. 144paE�ement 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 private company to carry out all or a part of such City responsibilities,
as well as the day-to-day management and administration of the District_
Section8. Concurrenc -of the Petitioner, The Petitioner signing this petition
� 9 1 ....... .. ... .. ...... _1_11. "M
concurs in and requests the establishment of the District -
Section 9. Adv' ory board. An advisory board is not required but may be
I . . ...........
established by the City to develop and recommend an improvement plan to the City Council of
the City.
This petition shat I 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 request that the
City Council grant its consent as above stated.
I
idylnimakaa:l
LONE STAR PLANNED
DEVELOPMENTS, LLC,
a Texas limited liability company
x� W
/
Name: Nathan Sp alis
Its
Title: Managing Member
,
beforeThis instrument was acknowledged me on this
; day of
2024, by Nathan Spaulding,. of # ,
PLANWI DEVELOPMENTS, LLC, a Texas limited liability company, on behalf of said
entity
Notary Public in and for the
State ofTEXAS
(SEAL)
-Notary Public..�,.,.�RTUN.E
CAMERON FORTUNE
State of Texas
+r® Comm. Expires 04-17-2027
�... .
� Notary ID 134309452
Exhibit A
LEGAL DESCRIPTION OF BOUNDARIES
TRACT 2
BEING a tract of land located in the JOSPE'H LEACH SURVEY, ABSTRACT No. 524. 1AU-nar
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 ( icial Public Records of Lamar County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a point at the Southwest corner of said called 91.20 -acre tract. ftorn which a S® -
inch iron rod found hears S 00' 21' 55" r, 0.45 reel, said point I)ing 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,
THENCE S 890 37' 23" r, 159.07 feet departing said boundary line to a point;
'ITIENCE S 00" 22'37" W, 2.65 feet to a point.
THENCE S 890 37' 23" E. 130.79 feet to a point-,
THENCE S 00° 22' 37" W, 5.75 feet to a point:
THENCE S 830 37' 00" E. 75830 feet to a point;
`ITIENCE S OV 22' 37" XV- 742.11 feet to a point in the South boundary line of aforesaid called
01.20 -acre tract, lying in The aforesaid North right-of-way line of Jefferson Road;
TIIENCE along the South boundary line of said called 91.20 -acre tract with the said North riF)I[-
of-way line of Jefferson Road as follows:
N 85" 32' 04" W. 782.02 feet to a concrete monument found at the Beginning of a Curve to the
U, fi;
NORTIMESTERLY. 254.59 feet along said Curve to the Left. having a radius of 11.499.16
feet, a central angle of 010 16' 07 and a chord bearing N 861 11' 49" W. 254.59 feet to the
PLACE OF BEGINNING. containing 38,076 acres of land.
# I .111##
BEING a tract of land located in the JOSPEH LFACH 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 which a
iron rod found beats S DO' 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-of-way);
THENCE N 000 21' S5" %k', 758.95 feet along the West boundary line of said called 91.20 -acre
tract to the PLACE OF BEGINNING ofthe tract herein described;
THENCE N 00' 21' 55" W, 541.19 foot 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 tile Beginning
ofa Curve to the Right;
THENCE. SOUTHEASTIRLY, 60.01 feet along said Curve to the Right, having a radius of
755.82 feet, a central angle of 040 32' 56" E. and a chord bearing S 86' 32' 10" E, 59.99 feet to a
Point at the End of said Curve:
THENCE S 830 39' 55" E. 54.64 feet to a point;
THENCE S 83' 36'59" E. 654.48 feet to a point;
THENCE E'NCE S 830 34' 16" E: 60.34 feet to a point:
THENCE S 00' 22'37" W, 547.95 feet to a point;
THFNCE N 930 37' 00" Wv 758.30 feet to a point-,
THENCE N 00® 22' 37" E. 5.75 feet to a point;
THENCE N 890 37* 23" W, 130.79 feet to a point,
THENCE N 00' 22' 37" E, 2.65 feet to a point-,
THENCE IN 99' 37' 23" W, 159.07 feet to the PLACE OF BEGINNING, containing 13.149
acres of land.
1 1ff3VI3! *, j
BEING a tract of land located in the JOSPEIH LEACH SURVEY, ABSTRACT No, 524. Lamar
County. Texas and being a portion of that certain called 91.20 -acre tract of land described is
Tract I in deed to Lone Star Planned Developments. 11C. recorded in File No. 203288-2023 of
die Official Public Records of Lamar County, Texas and being more particularly described by
metes and bounds as follows;
BEGINNING at a -inch iron rod found with plastic cap stamped "K. WHITLEY" at the
Southeast comer of said called 91.20 -acre tram Iving in the Westerly boundary line of that
certain called 5.13 -acre tract of land described in deed to Billy G. Long, et al. recorded in File
No. 157159-2018 of dee Official Public Records ofLamar County. Tcxm:
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 fine ofsaid called 5.13 -acre tract to a
inch iron rod found with plastic cap stamped "BY-LINL" at the most Westerly Northwest comer
ofsaid called 5.13 -acre tract, lying in the North right-of-way line of Jefferson Road (F. M. 1507°
aft80' right-of-way)-,
N' 850 32' 04" W, 625°03 feet with the said North right-of-way line of Jefferson Road to a point;
TUENCY N 00-' 22' 37" E, 1290.06 feet departing said right-of-wav line 10 a point;
TI I ENCE S 830 34' 16" E, 710.72 feel to a point;
TI I ENCE N 06o 46' 04" L, 2.01 feet to a point;
THENCE SOUTHEASTERLY, 61.34 feet along a Curve to the Left, having a radius of 1302.42
feet, a central angle of 021 41' 54"and a chord hearing S 87' 50' 35" E, 61.33 feet to a point al
the End ofsaid Curve:
T] IENCE N 89' 57' 37" E. 121.01 feet to a point;
THENCE S 890 37' 23" E, 73.55 feet to a point in the East boundary line of aforesaid called
91.20 -acre tract, being the West boundary line of ilial certain called 19.36 -acre tract in aforesaid
Lone Star Planned Developments. LLC deed;
ITIENCE alongthe East boundary line ofsaid called 91.20 -acre tract as follows:
S 001 46' 10" E, 605.93 feet with the West boundary Line ofsaid called 19.36 -acre tract to a IS -
inch iron rod found with plastic cap stamped "BY-UNIE" at the Southwest comer thereof, being
the Northwest comer of that certain called 3.701 -acre tract of land described in deed to Dalc
Long and Billy G. Long, recorded in Volume 495. Page 162 of the Real Properly Records of
Lamar County, Texas. being more fully described in a Release of Lien recorded in Volurne 668,
Page 13 ofthe Real Property Records of Lamar County, Texas;
S 000 54' 36" W, 664.33 feet with die Westerly boundary line of said called 3.701 -acre tract and
aforesaid called 5.13 -acre tract to The PLACE OF BEGINNING, containing 28.396 acres of land.
018581.000001\4895®8205-9978.v I
Exhibit B
CITY OF PARIS, TEXAS
NOTICE OF PUBLIC HEARING REGARDING
THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT
Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the
"Act"), notice is hereby given that the City Council of the City of Paris, Texas ("City"), will hold
a public hearing to accept public comments and discuss the petition (the "Petition"), filed by Lone
Star Planned Developments, LLC, a Texas limited liability company (the "Petitioner"), requesting
that the City create the Forestbrook Public Improvement District No. 1 (the "District") to include
property owned by the Petitioner and further described herein (the "Property").
Time and Place of the Hearing. The public hearing will start at 5:30 p.m. on September 9, 2024
in the City Council Chamber at City Hall, 107 E. Kaufman Street, Paris, Texas 75460.
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 establishment,
administration and operation of the District is approximately $20,000,000.
Boundaries of the Proposed District. The District is proposed to include approximately 59.62
acres of land generally located at the 3300 Block of Jefferson Road, located within the corporate
limits of the City and as more particularly described by a metes and bounds description available
for public inspection at the office of the City Clerk, located at 150 SE 1st Street, Paris, Texas
75460.
Proposed 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
benefited. All assessments may be paid in full at any time (including interest and principal), and
certain assessments may be paid in annual installments (including interest and principal). If an
assessment is allowed to be paid in installments, then the installments must be paid in amounts
necessary to meet annual costs for those Authorized Improvements financed by the assessment,
and must continue for a period necessary to retire the indebtedness of those Authorized
Improvements (including interest).
M.
Proposed Apportionment of Cost between the District and the City. The City will not be
obligated to provide any funds to finance the Authorized Improvements, except for assessments
levied on real property within the District. No municipal property in the District shall be assessed.
All of the costs of the Authorized Improvements will be paid from assessments and from other
sources of funds, if any, available to the Petitioner.
During the public hearing, any interested person may speak for or against the establishment of the
District and the advisability of the improvements to be made for the benefit of the property within
the District.
I f W
Exhibit C
Professional Services Reimbursement Agreement
C-1
PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT
This Reimbursement Agreement (this "Agreement'), effective as of the day of
............_.........� 20_, (the "Effective Date"), is made and entered into by and between The City
of Paris, Texas ("City") and Lone Star Planned Developments, LLC, a Texas limited liability
company ("Owner"), herein collectively referred to as ("Party" or "Parties").
WHEREAS, the Owner owns approximately 59.22 acres of land in the City that it
desires to develop which is further described in Exhibit A hereto (the "Property");
WHEREAS, the Parties have determined that the financing of a portion of the costs of
the Public Improvements necessary for the development of the Property, can be achieved by
means of Chapter 372, Texas Local Government Code, as amended, entitled the Public
Improvement District Assessment Act ("PID Act'); and
WHEREAS, the Owner desires to develop the Property and has made petition to the
City for a Public Improvement District ("PID") under the PID Act; and
WHEREAS, the Parties hereto recognize that the City will continue to incur expenses
through the entire PID review process until final completion of the development ("City
Expenses") including but not limited to: professional services, legal publications, notices,
reproduction of materials, public hearing expenses, recording of documents, engineering fees,
attorney fees, special consultant fees, and fees for administrative time of City staff; and
WHEREAS, as a part of the City Expenses, the Owner hereby agrees to pay for
reasonable and necessary professional services provided by the consultants listed on Exhibit B,
and by additional consultants approved in writing by the Owner (collectively, the "City
Consultants");
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. Payment for Professional Services. The Owner shall deposit with the City
$40,000 for payment of City Expenses necessary to conduct the review and creation of the PID
request within ten (10) days of receipt of request by the City:
(a) City agrees to hold all Owner' s contributions in a separate fund maintained
by the City which may only be used for City Expenses related to the PID.
(b) The City will pay City Expenses out of the amount deposited with the City
and keep accounting of all charges for City Expenses incurred for the PID
and any unused contributions shall be returned to the Owner.
(c) Owner agrees that in the event the funds for City Expenses balance falls
4871-0204-2326.v1
below $7,500, then Owner shall remit an additional amount of not less than
$15,000.
(d) In the event the balance for City Expenses is exhausted, upon notice, Owner
shall pay the balance owed in full within fifteen (15) days in addition to the
remittance of the additional funds as provided above.
(e) In the instance that deposits of additional funds are not timely made, the City
has no obligation to incur any additional costs and expenses in connection
with the PID.
(f) Failure of Owner to meet its obligations above may result in the suspension
or revocation of any active development permits.
(g) Upon request, the City shall provide to Owner a statement identifying all
disbursements from the account for City Expenses for any City Consultant
fees that are consistent with Exhibit B.
2. NoW Obli a ✓ tion to Establish PID. The Owner acknowledges that the City has no
obligation to establish the PID or to issue any bonds or other indebtedness with respect thereto,
and nothing contained within this Agreement shall create any such obligation. The Owners
obligation to pay the City Expenses shall exist and continue independent of whether the PID or
bonds or other indebtedness are approved. This Agreement shall confer no vested rights or
development rights on the Property or to the Owner. Further, this Agreement shall provide no
assurances, promises, or covenants to approve any development in the Property.
3. Termination. Either Party may terminate this Agreement for any reason or for no
reason by providing at least five (5) days' written notice of termination. Termination of this
Agreement shall be the sole and exclusive remedy of the City and the Owner, as the case may be,
for any claim by either Party of any breach of this Agreement by the other Party. The City shall
be entitled to pay Consultants for all Professional Services incurred through the date of
termination; however, any excess funds remaining after such payments have been made shall be
promptly refunded to the Owner. Notwithstanding any other provision of this Agreement to the
contrary, the obligation to repay such excess funds to the Owner in the event of a termination
shall survive any termination of this Agreement, and the Owner does not release or discharge its
right to such excess funds.
4. Entire Ali¢ eement. This Agreement contains the entire agreement between the
Parties with respect to the transactions contemplated herein.
5. Amendment. This Agreement may only be amended, altered or revoked by
written instrument approved by the City Council.
6. Successors and Assi ris. Neither City nor Owner may assign or transfer their
interest in the Agreement without prior written consent of the other Party.
4871-0204-2326.v1
7. Notice. Any notice and/or statement required and permitted to be delivered shall
be deemed delivered by depositing same in the United States Mail, Certified, with Return Receipt
Requested, postage prepaid, addressed to the appropriate party at the following addresses, or at
such other addresses provided by the parties in writing:
City:
City of Paris
Robert Vine, Interim City Manager
135 1 st St SE
Paris, Texas 75460
Email Address: rvine@paristexas.gov
Phone Number: (903) 784-9216
Owner:
Lone Star Planned Developments, LLC
Nathan Spaulding, Managing Member
609 S Goliad St #656,
Rockwall, Texas 75087
Email Address:
Phone Number: (972) 804-4789
8. Intel°oretation. Regardless of the actual drafter of this Agreement, this Agreement
shall, in the event of any dispute over its meaning or application, be interpreted fairly and
reasonably and neither more strongly for or against either party.
9. Applicable Law. This Agreement is made, and shall be construed in accordance
with the laws of the State of Texas and venue shall lie in Lamar County, Texas.
10. Severabilil. In the event any portion or provision of this Agreement is illegal,
invalid, or unenforceable under present or future law, then and in that event, it is the intention of
the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also
the intention of the parties to this Agreement that in lieu of each clause or provision that is found
to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal,
valid and enforceable and is as similar in terms as possible to the provision found to be illegal,
invalid or unenforceable.
11. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original, but all of which shall constitute one instrument.
[SIGNATURE PAGES FOLLOW]
4871-0204-2326.v1
CITY OF PARIS, TEXAS
UZ
Robert Vine, Interim City Manager
Date:
4871-0204-2326.v1
OWNER
LONE STAR PLANNED
DEVELOPMENTS, LLC,
a Texas limited liability company
By: -. ____ ............
Name: Nathan Spaulding
Title: Managing Member
Date:
4871-0204-2326.v1
Exhibit A
Metes and Bounds Description of Property
4871-0204-2326.v1
TRACT2
(FORESTBROOK ESTATES SUBDIVISION, PHASE ONE)
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 1 in deed to Lone Star Planned Developments, LLC, recorded in Fite No. 203288-2023 of
the Official Public Records of Lamar County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING ata point at the Southwest corner of said called 91.20 -acre tract, from which a :z
inch iron rod found bears S 00° 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-of-way);
THENCE N 000 21' 55" W, 758.95 feet along the West boundary line of said called 91.20 -acre
tract to a point;
THENCE S 890 37'23" E, 159.07 feet departing said boundary line to a point;
THENCE S 000 22' 37" W, 2.65 feet to a point;
THENCE S 890 37'23" E, 130.79 feet to a point;
THENCE S 000 22' 37" W, 5.75 feet to a point;
THENCE S 830 37' 00" E, 758.30 feet to a point;
THENCE S 000 22' 37" W, 742.11 feet 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 right-
of-way line of Jefferson Road as follows:
N 85° 32' 04" W, 782.02 feet to a concrete monument found at the Beginning of a Curve to the
Left;
NORTHWESTERLY, 254.59 feet along said Curve to the Left, having a radius of 11,499.16
feet, a central angle of 01' 16' 07" and a chord bearing N 86° 11' 49" W, 254.59 feet to the
PLACE OF BEGINNING, containing 18.076 acres of land.
4871-0204-2326.v1
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 1 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 corner of said called 91.20 -acre tract, from which a
'/i -inch iron rod found bears S 00° 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-of-way);
THENCE N 000 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 000 21' 55" W, 541.19 feet continuing along the West boundary line of said called
91.20 -acre tract a point;
THENCE N 890 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
755.82 feet, a central angle of 04° 32' 56" E, and a chord bearing S 86° 32' 10" E, 59.99 feet to a
point at the End of said Curve;
THENCE S 830 39' 55" E, 54.64 feet to a point;
THENCE S 830 36' 59" E, 654.48 feet to a point;
THENCE S 830 34' 16" E, 60.34 feet to a point;
THENCE S 000 22' 37" W, 547.95 feet to a point;
THENCE N 830 37' 00" W, 758.30 feet to a point,
THENCE N 000 22' 37" E, 5.75 feet to a point;
THENCE N 890 37' 23" W, 130.79 feet to a point;
THENCE N 000 22' 37" E, 2.65 feet to a point;
THENCE N 890 37' 23" W, 159.07 feet to the PLACE OF BEGINNING, containing 13.149
acres of land.
4871-0204-2326.v 1
TRACT4
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 1 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:
BEGINNING at a 1/z -inch iron rod found with plastic cap stamped "K. WHITLEY" 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 al, recorded in File
No. 157159-2018 of the Official Public Records of Lamar County, Texas;
THENCE along the South boundary line of said called 91.20 -acre tract as follows:
N 880 03' 17W, 345.48 feet with a Westerly boundary line of said called 5.13 -acre tract to a'/z-
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 of Jefferson Road (F. M. 1507,
an 80' right-of-way);
N 850 32' 04" W. 625.03 feet with the said North right-of-way line of Jefferson Road to a point;
THENCE N 000 22' 37" E, 1290.06 feet departing said right-of-way line to a point;
THENCE S 830 34' 16" E, 710.72 feet to a point;
THENCE N 060 46' 04" E, 2.01 feet to a point;
THENCE SOUTHEASTERLY, 61.34 feet along a Curve to the Left, having a radius of 1302.42
feet, a central angle of 02° 41' 54" and a chord bearing S 87° 50' 35" E, 61.33 feet to a point at
the End of said Curve;
THENCE N 890 57' 57" E, 121.01 feet to a point;
THENCE S 890 37' 23" E, 73.55 feet to a point in the East boundary line of aforesaid called
91.20 -acre tract, being the West boundary line of that certain called 19.36 -acre tract in aforesaid
Lone Star Planned Developments, LLC deed;
THENCE along the East boundary line of said called 91.20 -acre tract as follows:
S 000 46' 10" E, 605.93 feet with the West boundary line of said called 19.36 -acre tract to a 1/z -
inch iron rod found 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 of the Real Property Records of
Lamar County, Texas, being more fully described in a Release of Lien recorded in Volume 668,
Page 13 of the Real Property Records of Lamar County, Texas;
S 000 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 BEGINNING, containing 28.396 acres of land.
4871-0204-2326.vl
Exhibit B
City Consultants
PID Application Expenses*
Budget item
Cost Estimate
P3WorksPID Administrator) )
$ 20,000
City of Paris
7,500
SAMCO (Financial Advisor)
15,000
McCall (Bond Counsels
mm15,000
Total
$ 57,500
* Estimated, subject to change for purposes of PID creation and the levy of
assessments for the PID. Does not include additional costs associated with the
issuance of bonds, which would be paid from a separate budget for bond
issuance costs and reimbursed from bond proceeds.
10
4871-0204-2326.v 1