CITY OF ROYSE CITY, TEXAS RESOLUTION NO. 15-05-10110R A RESOLUTION OF THE CITY OF ROYSE CITY, TEXAS, AUTHORIZING AND CREATING THE UNION SQUARE PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE WHEREAS, the City of Royse City, Texas (the City), is authorized under Chapter 372 of the Texas Local Government Code (the Act), to create a public improvement district; and WHEREAS, on April 28, 2015, D.R. Horton-Texas, Ltd., a Texas limited partnership (the Petitioner), the owner of approximately 117.332 acres within Hunt County, Texas and Rockwall County bounded generally by F.M. 35 to the south and F.M. 2642 to the east, submitted and filed with the City Secretary of the City a petition (the Petition) requesting the establishment of a public improvement district for the property more particularly described by metes and bounds in Exhibit A attached hereto and incorporated herein for all purposes (the Property), to be known as the Union Square Public Improvement District (the District); 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 District, 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 May 26, 2015, 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 ROYSE CITY, TEXAS, THAT: Section 1. The findings set forth in the recitals of this Resolution are found to be true and correct. Section 2. The Petition submitted to the City by the Petitioner was filed with the City Secretary and complies with Section 372.005 of the Act. Section 3. Pursuant to the requirements of the Act, including, without limitation, Sections 372.006 and 372.009, the City Council, after considering the Petition and the evidence and testimony presented at the public hearing on May 26, 2015, hereby finds and declares: a) Advisability of the Proposed Improvements. It is advisable to create the District to provide the public improvements described below. The public improvements are feasible and desirable and will promote the interests of Royse City and will confer a special benefit on the Property. b) General Nature of the public improvements. The general nature of the proposed public improvements are: (i) the establishment of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, pavilions, community facilities, swimming pools, irrigation, walkways, lighting, benches, trash receptacles and any similar items located therein; (ii) landscaping; (iii) acquisition, construction, and improvement of water, wastewater and drainage facilities; (iv) acquisition, construction and improvement of streets, roadways, rights-of-way and related facilities; (v) entry monumentation and features; (vi) signage; (vii) projects similar to those listed in subsections (i) - (vi) above; and (viii) payment of costs associated with constructing and financing the public improvements listed in subparagraphs (i) - (vii) above, including costs of establishing, administering and operating the District. c) Estimated Costs of the public improvements and Apportionment of Costs. The estimated cost to design, acquire and construct the public improvements is $10,000,000.00, a portion of which will be paid from the assessments on the Property. The City will at no time be responsible to fund the costs of the public improvements with any revenue other than paid from the assessments. The remaining costs of the proposed improvements will be paid from sources other than the City or assessments of property owners. d) Boundaries of the District. The proposed boundaries of the District are described in Exhibit A. e) Proposed Method of Assessment. The City shall levy an assessment on each parcel of the Property within the District in a manner that results in each parcel paying its fair share of the costs of the public improvements provided with the assessments based on the special benefits received by the property from the public improvements and property equally situated paying equal shares of the costs of the public improvements. f) Management of the District. The City will manage the District, or, to the extent allowed by law, the City may contract with either a non-profit, or a for-profit organization including a Public Facilities Corporation created by the City pursuant to Chapter 303, Texas Local Government Code, to carry out all or a part of the responsibilities of managing the District, including the day-to-day management and administration of the District. g) Advisory Body. The District shall be managed without the creation of an advisory body. Section 4. The Union Square Public Improvement District is hereby 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 public improvements contained in this Resolution, the nature and the estimated costs of the public 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 public improvements. Section 5. The City Secretary is hereby authorized and directed to give notice of this Resolution authorizing the District by publishing such notice once in a newspaper of general circulation in the City. Upon the publication of such notice, such authorization shall take effect and the District shall be established. Section 6. This Resolution shall take effect immediately from and after its passage and publication as required by law. APPROVED AND ADOPTED at a regular meeting of the City Council of The City of Royse City, Texas, on May 26, 2015, by a vote of 7 ayes, 0 nays, and 1 abstention. The District is generally described to include approximately 117.332 acres within Hunt County, Texas and Rockwall County bounded generally by F.M. 35 to the south and F.M. 2642 to the east. The complete text of this Resolution with exhibits which include A MAP AND LEGAL DESCRIPTION OF THE BOUNDARIES OF THE DISTRICT ARE AVAILABLE FOR PUBLIC INSPECTION during regular business hours AT ROYSE CITY CITY HALL, 305 N. Arch Street, Royse City, TX 75189.
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