HomeMy WebLinkAbout10-1350 12-14-2010RESOLUTION NO. 10 -1350
A RESOLUTION CREATING, AUTHORIZING, AND
ESTABLISHING THE GLADE PARKS PUBLIC IMPROVEMENT
DISTRICT; AUTHORIZING ASSESSMENT METHOD AND
COLLECTION SERVICE THEREOF; AND PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code (the
"Act ") allows for the creation of public improvement districts; and
WHEREAS, on October 4, 2010, owners of real property located near the
intersection of SH -121 and Cheek Sparger Road delivered to the City of Euless a
Petition (the "Petition ") to establish the Glade Parks Public Improvement District
(the "District ") that is shown on the map attached hereto and made a part hereof
and labeled Exhibit A (the "PID Boundary"); and
WHEREAS, the Act states that the Petition is sufficient if signed by
owners of more than 50 percent of taxable real property, according to appraised
value, and either of the following: more than 50 percent of the area of all taxable
real property liable for assessment under the proposal, or more than 50 percent
of all record owners of property liable for assessment; and
WHEREAS, City staff has reviewed the Petition and determined that
owners of more than 50 percent of the appraised value of the taxable real
property liable for assessment, and owners of more than 50 percent of the area
of all taxable real property liable for assessment within the District have executed
the petition; and
WHEREAS, the Act further requires that prior to the adoption of the
resolution providing for the establishment of the Glade Parks Public Improvement
District to provide supplemental public improvements to be funded by
assessments on real property and real property improvements, the City Council
must hold a public hearing on the advisability of the improvements; the nature of
the improvement; the estimated cost of the improvement; the boundaries of the
public improvement district; the method of assessment; and the apportionment of
costs between the district and the municipality as a whole; and
WHEREAS, after providing notices required by Section 372.009 of the
Act, the City Council on November 23, 2010, conducted a public hearing on the
advisability of the improvements, and adjourned such public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EULESS, TEXAS, THAT:
Section 1. Pursuant to the requirements of the Act, the City Council,
after considering the Petition for the proposed District and the evidence and
testimony presented at the public hearing on November 23, 2010, hereby finds
and declares:
(a) Advisability of Improvements Proposed for the District. It is
advisable to create the District to provide the improvements described
in this Resolution.
(b) Nature of the Improvements. The general nature of the
improvements to be performed by the District is to construct public
infrastructure, produce pedestrian amenities and linkages and provide
other improvements that are authorized by the Act.
(c) Estimated Cost of the Improvements. The total estimated cost of
improvements provided by the District is approximately twelve million,
one hundred thousand, six hundred and four dollars ($12,100,604).
The estimated costs do not include any interest costs associated with
debt service. The District shall incur no bonded indebtedness, but will
be responsible for indebtedness, including principal, interest and other
financing costs, incurred by the City of Euless to finance improvements
that are listed as Authorized Improvements attached hereto and made
a part here of and labeled Exhibit B (the "Authorized Improvements ").
(d) Boundaries. The District is located wholly within the City of Euless,
Texas. The boundaries of the District are shown on the map of the
District (Exhibit A).
(e) Method of Assessment. The method of assessment is based on
a variable assessment rate on the value of property in the Public
Improvement District (PID) equal to the annual debt service costs
incurred by the City of Euless to fund Authorized Improvements within
the PID less any available incremental tax revenue generated from
City of Euless Tax Increment Reinvestment Zone Number Three. The
Service Plan will reflect the District's intention to reduce the annual
assessment rate proportional to the annual incremental revenue
received from City of Euless Tax Increment Reinvestment Zone
Number Three.
(f) Apportionment of Cost Between District and Municipality. All of
the costs of the Authorized Improvements will be paid from the
assessments or available incremental tax revenue generated from the
City of Euless Tax Increment Reinvestment Zone Number Three and
from other sources of funds, if any, available to the Owner. The City
will at no time be responsible to fund the costs of the Authorized
Improvements with any revenue other than paid from the assessments
Resolution No. 19 -1350 Page 2 of 7
or that which is available in the City of Euless Tax Increment
Reinvestment Zone Number Three.
The City of Euless is not responsible for payment of assessments
against exempt City property in the District, which is specially
benefited. Property owned by tax - exempt religious organizations will
be exempt from assessment, as will property owned by persons
receiving and qualifying for 65-or-older homestead exemption under
Section 11.13 (c) or (d) of the Texas Property Tax Code. Payment of
assessment by other exempt jurisdictions must be established by
contract. No such contracts are in place, nor are any proposed. City
rights-of-way and city parks are not subject to assessment Properties
otherwise exempt from ad valorem taxes are not subject to
assessment.
(g) Assessment Roll and Setting of Rate. The City Manager shall
annually prepare an assessment roll and file that roll with the City
Secretary, in conformity with the exemptions from assessment
established under subparagraph (f) above. The annual assessment
installment for each year shall equal the City of Euless annual debt
service for Authorized Improvements constructed under subparagraph
(b) above less any available incremental tax revenue generated from
City of Euless Tax Increment Reinvestment Zone Number Three.
(h) The findings set forth in the preamble of this Resolution are hereby
found to be true and correct.
Section 2. The Glade Parks Public Improvement District is hereby
authorized and established as a Public Improvement District under the Act in
accordance with the findings as to the advisability of the improvements contained
in this Resolution. The District shall be subject to all of the terms, conditions,
limitations and reservations contained in the findings of Section 1 of this
Resolution.
Section 3. The City Secretary is directed to give notice of the
authorization for the establishment of the District by publishing the caption of this
Resolution once in the newspaper of general circulation in the City of Euless.
Such authorization shall take effect and the District shall be deemed to be
established effective upon the publication of such notice. The District shall
automatically dissolve on December 31, 2035 unless the District is renewed
through the petition and approval process as provided by the Act or the District is
sooner terminated as provided by law. The power of the City to continue to levy
and collect assessments within the District will cease and the District will be
dissolved upon the date that all indebtedness incurred by the City of Euless to
finance the Authorized Improvements has been liquidated and a petition
requesting dissolution is filed with the City Secretary of the City of Euless and the
Resolution No. 10-1350 Page 3 of 7
petition contains the signatures of at least enough property owners in the District
to make the petition sufficient for creation of a public improvement district as
provided in Section 372.005(b) of the Act.
Section 4. The City Secretary will provide assessment collection
services for collection of the special assessments.
Section 5. This Resolution shall take effect immediately from and after
its passage in accordance with the Charter of the City of Euless and upon
publication, and it is accordingly so resolved.
APPROVED at a regular meeting of the Euless City Council on the 14th
day of December 2010 by a vote of 7 ayes, 0 nays, and o abstentions.
APPROVED: ATTEST:
Mary Lib Sleh, Mayor
Resolution No. 10-1350 Page 4 of 7
Susan Crim TRMC, City Secretary
Exhibit A
Resolution No. 10 -1350 Page 5 of 7
Exhibit A
Beginning at the point of intersection of the west right - of-way (ROW) line of State
Highway 121 and the north ROW line of Cheek Sparger Road, thence
Westward to a point where said line intersects with the western property line of
Bbb & C RY Survey Abstract 204 Tracts 5 & 5e, thence
Northward along the west property of line Bbb & C RY Survey Abstract 204
Tracts 5 & 5e to a point where said line intersects with the western property line
of Doss, Jesse Survey abstract 441 Tract 6B, thence
Northward along the west property line of Doss, Jesse Survey abstract 441 Tract
6B to a point where said line intersects with the western property line of Doss,
Jesse Survey abstract 441 Tract 6B1, thence
Northward along the westem property line of Doss, Jesse Survey abstract 441
Tract 6B1 to a point where said line intersects with the southern property line of
the Doss, Jesse Survey Abstract 441 tract 3c, thence
West along the southern property line of the Doss, Jesse Survey Abstract 441
tract 3c to a point where said line intersects with the western property line of the
Doss, Jesse Survey Abstract 441 tract 3c, thence
North along the western property line of the Doss, Jesse Survey Abstract 441
tract 3c to a point where said line intersects with the southern property line of
Doss, Jesse Survey Abstract 441 Tract 5, thence
West along the southern property line of Doss, Jesse Survey Abstract 441 Tract
5 to a point where said property line intersects with the eastern ROW line of
Heritage Avenue, thence
Northward along the eastern ROW line of Heritage Avenue to a point where said
line intersects with the northern property line of Havins, John H Survey, Abstract
685 Tract 2A, thance
Eastward along the northern property line of Havins, John H Survey, Abstract
685 Tract 2A to a point where said line intersects with the western ROW line of
State Highway 121, thence
Southward along the western ROW line of State Highway 121 to a point where
said line intersects with the northern ROW line of , Cheek Sparger Road, which is
the point of beginning
Resolution No. 10-1350 Page 6 of 7
Exhibit B
Authorized Improvements Estimated Costs
1) Construction of Rio Grand Boulevard $3,911,023
2) Construction of Rio Grande Bridge $1,016,465
3) Construction of Heritage Drive $231,767
4) SH —121 improvements $1,297,164
5) Landscaping $517,029
6) Wetland mitigation $296,000
7) Construction of Brazos and remaining streets $3,494,309
8) Main Entrance and Median (Chisolm Trail) $587,247
9) Administrative & Financing Costs $750,000
Total Costs $12,100,604*
* $12,100,604 does not include interest costs associated with financing the
improvements.
Resolution No. 10-1350 Page 7 of 7
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Fcdcrnl Tax ID 26- 2674582
Bill To:
CITY OF EULESS ACCOUNTS PAYABL
201 N ECTOR DR
EULESS, TX 76039 -3543
Attn: ACCOUNTS . PAYABLE
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
CITO9
313543681
12/17/2010
Net due in 21 days
12/31/2010
31354368
073
CITY OF EULESS R
12/17/2010
[Description
Location
Col Depth Linage II. Rate A
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CITY OF EUI
Sales Discoun
Misc Fee
CITY OF EULESS
RESOLUTION NO. 10 -1350
A RESOLUTION CREATING, AU-
THORIZING AND ESTABLISHING
THE GLADE PARKS PUBLIC IM-
PROVEMENT DISTRICT; AUTHO-
RIZING ASSESSMENT METHOD
AND COLLECTION SERVICE
THEREOF; AND PROVIDING FOR
PUBLICATION AND AN EFFECTIVE
DATE.
EFFECTIVE: This Resolution shall
take effect immediately from and
after its passage in accordance with
the Charter of the City of Euless
and upon publication, and it • is
accordingly so resolved.
APPROVED at a regular meeting of
the Euless City Council on the 14th
day of December 2010 by a vote of
7 ayes, 0 nays, and 0 abstentions.
APPROVED:
/5/ Mary Llb Saleh, Mayor
ATTEST:
/s/Susan Crim, TRMC, City Secretary
THE STATE OF TEXAS
County of Tarrant
13580
1
DEC 9 -13
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$3.23
$80.75
($80.25)
$10.00
Net Amount:
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Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215-2323
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Dec
Notary Public
Thank You For Your Payment
9, 2010.
Remit To: Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID: CITO9
Customer Name: CITY OF EULESS ACCOI N
Invoice Number: 313543681
Invoice Amount: $10.50
PO Number:
Amount Enclosed:
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390 -7761
Factual Tax ID 26- 2674582
Bill To:
CITY OF EULESS ACCOUNT'S PAYABL
201 N ECTOR DR
EULESS, TX 76039 -3543
Attn: ACCOUNTS . PAYABLE
IDescription
CITY OF EULESS #2
THE STATE OF TEXAS
County of Tarrant
INVOICE
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
CITO9
A6471181
1 0/29/2010
Net due in 21 days
10/31/2010
A647118
073
CITY OF EULESS #
10/29/2010
Location Col
Depth Linage MU Rate Amount
I3580 3 8 24 INCH $3,30 $79.20
F? EC L, vED
Nov 082010
C1TY
FINANCE DEPT.
Net Amount: $79.20
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Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Noe bad
�1111_i.
Thank You For Your Payment
Remit To: Star - Telegram
P.O. BOX'901051
FORT WORTH, TX 76101 -2051
Customer ID: CITO9
Customer Name: CITY OF EULESS ACCOUN
Invoice Number: A6471181
Invoice Amount: $79.20
PO Number:
Amount Enclosed: