HomeMy WebLinkAboutRES 041304-L - Establish Wolf Ranch PIDRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, ACKNOWLEDGING RECEIPT OF A
PETITION FOR ESTABLISHMENT OF WOLF RANCH PUBLIC
IMPROVEMENT DISTRICT NO. 1; SETTING A DATE FOR PUBLIC
HEARING ON THE ADVISABILITY OF CREATION OF THE
DISTRICT; AND DIRECTING PUBLICATION OF NOTICE AND
PUBLIC HEARINGS FOR SAME.
WHEREAS, by Petition received by the City Secretary of the City of Georgetown on
March 26, 2004, the foam of which is correct and which has been duly acknowledged, the owner
of all of the area of land described in said Petition has requested the governing body of the City
of Georgetown, pursuant to Local Government Code Chapter 372, to establish the Wolf Ranch
Public Improvement Distnct No. 1; and
WHEREAS, a true and correct copy of the Petition is attached hereto as "Attachment 1";
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS:
Section 1. That the said Petition, being proper and according to law, shall be, and is
hereby, acknowledged and a public hearing on the advisability of creating the proposed Wolf
Ranch Public Improvement District No. 1 is hereby set for May 11, 2004.
Section 2: The City Secretary is directed to commence the publication and mailing of
notices of a public hearing to be held on May 11, 2004 before the City Council on the subject of
the creation of the Proposed Wolf Ranch Public Improvement District No. 1.
PASSED AND APPROVED this the 13th`h day of April, 2004.
ATTEST:
Sandra D. Lee, City Secretary
Approved as to Form.
afria or
Patricia E Carls, Brown & Carls, LLP
City Attorney
MAR 26 2004 15:52 FR SDt !GAL DEVELOPMENT31? 263 7038 TO 91`. 3303681
P.02/06
Draft 3115104
Petition for Establishment of
Wolf Ranch
Public Improvement District No. 1
PA axch. `. , 2004
TO THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AND THE MAYOR
OF THE CITY OF GEORGEIOWN, I`hXAS:
The undersigned landowner, SPG Wolf Ranch, L.P., a Texas limited partnership, successor in
interest to Forestville Associates, a Maryland General Partnership, (the "Landowner"), pursuant to
the Public Improvement Assessment Act, Chapter 372 001 et seq., Local Government Code,
Vernon's Annot. Civil Statutes, respectfully petition the Mayor and the City Council for the
establishment of the Wolf Ranch Public Improvement Assessment District #1 (the "Proposed
District"). The Landowner owns one hundred patent (100%) of the appraised value of taxable
real property in the Proposed District and constitutes one hundred percent (100%) of all record
owners of property within the Proposed District.
In support of said petition, Petitioner would show unto the City Council the following:
A. General Nature of Proposed Improvements
The creation of the Proposed District will provide for public infrastructure improvements
classified into the following categories: (1) Pubic Road Improvements, (2) Public Utility
Improvements and (3) Public On -Site Improvements as further provided in the.
Development Agreement dated September 11, 2003 between the City and Forestville
Association regarding development of Wolf Ranch (collectively, the "Proposed
Improvements").
B. Estimated Cost of Improvements
The estimated cost of the Proposed Improvements is Twenty Nine Million Dollars
(S29,000,000.00) and is detailed in Exhibit A which is also the maximum amount the City
has agreed to contribute to the development of the Proposed District
C. The Proposed District Boundary
The boundaries of the Proposed District are described in Exhibit B attached hereto and
incorporated herein
D. Proposed Method of Assessment
A Public Road Improvements Assessment shall be levied against property within the
Proposed District owned by the Landowners, when, on an annual basis, fifty-three percent
(53%) of the one-half (VI) cent portion of the City's sales tax generated from businesses
located within the Proposed District does not produce revenue sufficient to pay the City's
debt service and related reserve funds for the obligations issued by the City to fund the
MAR 26 2004 15:52 FR SE EGAL DEVELOPMENT317 263 7038 TO 919303681 P.03/06
Public Road Improvements. The amount of the Public Road Improvements Assessment
shall represent the difference between the amount of the sales tax generated within the
Proposed District for the immediately preceding fiscal year ending September 30th and the
debt service and related reserves for the obligations issued by the City to fund the Public
Road Improvements.
A Public Utility improvements Assessment shall be levied against the property within the
Proposed District owned by the Landowners when on an annual basis the utility revenues
generated from businesses located within the Proposed District do not produce revenue
sufficient to pay the City's debt service and related reserve funds for the obligations issued
by the City to fund the Public Utility Improvements. The amount of the assessment shall
represent the difference between the amount of the utility revenues generated within the
Proposed District for the immediately preceding fiscal year ending September 30t and the
debt service and related reserves for the obligations issued by the City to fund the Public
Road Improvements for that same fiscal year.
In the event the City exercises its option to purchase the Public On -Site Improvements or
refinance the obligations issued to finance the Proposed Improvements, a Public On -Site
Improvements Assessment shall be Levied against property within the Proposed District
when, on an annual basis, fifty-three percent (53%) of the City's one percent (1%) portion
of the sales tax generated from businesses located within the Proposed District does not
pmduc a revenue sufficient to pay the City's debt service and related reserve funds for any
obligations issued by the City to acquire and/or reimburse the costs related to certain
Public On -Site Improvements. The amount of the assessment shall represent the difference
between fifty-three percent (53%) of the City's one percent (1%) portion of the sales tax
generated within the Proposed District for the immediately preceding fiscal year ending
September 30th, and the debt service and related reserve funds for the obligations issued by
the City to fund the Public On -Site Improvements for that same fiscal year.
E. Proposed Apportionment of Costs Between the Proposed District and the City
All costs of the Proposed District, including administrative costs and costs of collection,
shall be incurred by the Proposed District
F. Management of the Proposed District
The Proposed District shall be managed solely by the City of Georgetown, Texas.
G. Concurrence in Establishment of Proposed District
The undersigned request and/or concur with the establishment of the Proposed District.
H. Establishment of Advisory Board
An advisory body may be established to develop and recommend an improvement plan to
the City.
MAR 26 2004 15:52 FR Sr EGAL DEVELOPMENT317 263 7038 TO Si; '9303681 P.04/06
•
SIGNED this the k` day of 2004.
SPG WOLF RANCH, L.P., a Texas limited partnership
By: SIMON PROPERTY GROUP (TEXAS), L.P., a
Texas limited partnership, General Partner
By: GOLDEN RING MALL COMPANY
LIMITED PARTNERSHIP an Indiana
limited partnership, General Partner
By: SIMON PROPER .GROUP
(DELAWARE) 1 a Delaware
corporation G er
By:
D''dSi•on
Chie. E • utive Officer
Date: '1&rc tiC v 4 1141.11 y
This instrument was acknowledged before me on this the .2 day of Ametk , 2004 by
David Simon, Chief Executive Officer of Simon Property Group (Delaware), Inc. a Delaware
corporation, General Partner of Golden Ring Mall Company Limited Partnership, an Indiana
limited partnership, General Partner of Simon Property Group (Texas), L.P., a Texas limited
partnership, General Partner of SPG Wolf Ranch, L.P., a Texas limited partnership in his capacity
as Chief Executive Officer of the General Partner of Simon Property Group (Texas) L.P., a Texas
limited partnership which is the General Partner of SPG Wolf Ranch L.P., a Texas limited
partnership.
blic, State of Indiana
steSa Cam t raQ...
S.- a .,`
.,
�.7
MAR 26 2004 15:53 FR sr EGAL DEVELOPMENT317 263 7038 TO 91` 9303681 P.05/06
Wolf Ranch Public Improvement District #1
EXHIBIT A
Estimated Cost of Improvements
F1XICIBrT/A
PUBLIC ON-SI'I: E IMPROVEMENTS
I. Description of Public On -Site Improvements:
11'hM:
Water distribution system
Storm sewers and drainage ponds
Sanitary sewers
•
Electric tine relocation and installation
Parking lots and on -site roadways
Landscape areas
Public areas and plazas
TOTAL NOT TO EXCEED $15,000,000
IL Submission of Data:
Because the performance based economic development incentive grant payments
to be paid by the City to Simon under the terms of this Agreement are to be based solely
on annual sales tax revenue from new or expanded businesses at the Property as set out
under Sections 3.3 and 3.4 of the Agreement, the method of pmv ding sales tax data on
which to make these payments are to be based is necessary. Such businesses may pay
sales tax monthly, quarterly, .or annually, depending on the size of the business.
Accordingly, Simon shall obtain a waiver of Sales Tax Confidentiality in the form
attached hereto from eachbuwiness located in the Project on the Property
As soon as practical after the end of each year, beginning with the twelve months
including the first month durmg which the I% portion of the City's sales tax referred to
under Section 3.4.5 is paid to the State of Texas, Simon. shall submit to the City the
schedule from the Texas Comptroller of Public Accounts pursuant to the Waivers
submitted detailing Sales Tax Revenues broken out for each business in the Project on the
Property for which tax sharing is due showing the amount of sales tax paid to the State of
Texas for the City for the year. As a backup for the schedule, Simon shall submit the
following:
EXU 3IT,,D",&
PUi3LIC ROAD IMPROVEMENTS
TASK NAME
City of Georgetown Funded
Execute S.H. 29 Advanced
Funding Agreement
Purchase S.H. 29 Right-of-way
(Including Water Quality Pond
and relocation of utilities)
Execute LPL 35 Advanced
Funding Agreement
LH. 35 Front. Read Bridge
Water Quality Pond
Construction
S.H. 29 Interim Constriction
S.H. 29 Rehabilitation
(Including CR 265 E & W)
Mobilisation
Contingency
City Share of Public Road
Improvements
ESTIMATED NUMBER OF DAYS TO
COMPLE 1`E
(1� ROM DATE OF SIMON'S NOTICE
TO PROCEED PER SECTION L2(13) OF
i'liE DEVELOPMENT AGREEMENT) *
30
180
30
365
60
60
210
Nat to Exceed
S10.5 Million
*Tasks may be accelerated by Letter Agreement signed by all Parties per Section 1.1 of
the Development Agreement.
EXHIBIT E
PUBLIC UTILITY IMPROVEMENTS
Wastewater Baseline Improvements**
Georgetown Utility Systems
Water
Electric
-Approximately 2,400 LE of 21" gravity sewer as shown on the City of Georgetown
Comprehensive Plan trenched along the San Gabriel River from the west property line to a Lift
Station to be Located near toe west 135 ROW line,
-Approximately 2,100 LP of 8" force main from.the Lift Station to FM 2243,
-Approximately 1,000 LF of 12" gravity sewer to the west 135 ROW lint,
-Approximately 600 LE of 18" gravity sewer bocci under 135 using an intermediate bore pit and
installation of a 30" steel encasement.
**Upsizing of wastewater infrastructure is subject to available funding after completion of baseline scope.
*Georgetown Utility Systems
-Approximately 3,000 LE of 24" water line from the east property line to the west property line.
*Georgetown Utility Systems
-Approximately 3,000 LP of buried electric service along the property frontage of SH 29 that is
relocated f:oni overhead,
-Two underground bores under SH 29 to save customers an the north side of SH29,
The dSgn will allow for a future underground feeder on SR 29 allowing a loop electrical feed
for the Wolf Ranch Development Project as well as a tie line to the Leander Road area,
-Relocate existing overhead to new overhead along south side of SS 29 betweenCa 265 West and
DB Wood, and
Relocate existing overhead to new overhead north of SE 29 west of CR 265 West.
Estimated project completion for all projects on this Exhibit is 14 months from the date of
Simon's Notice to Proceed per Section 1.2(B) of the Development Agreetneut.***
Total estimated "Not to Exceed" cost associated with this Exhibit is S3,500,000.
*The relocation of portions of these utilities are related to the SH 29 roadway widening and could also be
considered a cost of roadway improvements and funded as part of Exhibit "H". The estimated date for
completion of all utility relocation will be consistent with the completion schedule of Exhibit `B".
***Tasks may be accelerated by Letter Agreement signed by all Parties per Section. 1.1 of the Development
Agreement.
MAR 26 2004 15:53 FR Sl EGAL DEVELOPMEN131? 263 7038 TO 91 ".9303681 P.06/06
Wolf Ranch Public Improvement District #1
EXHIBIT B
The Assessment District Boundary
LOCATION MAP
Legend
Road Type
Cosecrnr
Fcteway
thal
.or Maul
• Or Arrant
OW hppp e4 M
•-••••- Proposed Colt
•-e— RaacoaQ
Knl!r'V n Na72003-so
e~• sC1tyumds
' E l:UU e«,n4MY
1
Parsons
City of Cseolvetown
Planning and Development Services Oivis$o&
Graft Cartographic Data for Planning Purposes Only
Aplit 25, 2003
0 400 1,000 1.600 24000
Exhibit/Ye)
Simon Wolf Ranch
100.676 ACRES
WOLF RANCH SUBDIVISION
DESCRIPTION
FN NO. 03-128(JJM)
JUNE 12, 2003
BPI JOB NO. 1262-01
OF A 100.676 ACRE TRACT OF LAND OUT OF THE CLEMDI STUBBLEFIELD
SURVEY, ABSTRACT NO. 558, SITUATED IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 412 ACRE TRACT OF
LAND CONVEYED TO JAY L. WOLF BY DEED OF RECORD IN VOLUME 422, PAGE
84 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALL OF THAT
CERTAIN 1.153 ACRE TRACT OF LAND CONVEYED TO PAUL EDWIN HINDELANG
AND WIFE, JUDY WOLF HINDELANG BY DEED OF RECORD IN VOLUME 824,
PAGE 434 OF SAID DEED RECORDS( AND ALL OF THAT CERTAIN 0.68 ACRE
TRACT OF LAND CONVEYED TO TRAVIS CARTER AND WIFE, JO BETH CARTER
BY DEED OF RECORD IN VOLUME 1003, PAGE 150 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 100.676 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a concrete highway monument found at the
southwesterly intersection of Interstate Highway 35 (R.O.W.
Varies) and State Highway 29 (100' R.O.W.), being the
northeasterly corner of a remaining portion of said 412 acre
tract;
THENCE, SO1°07'26"W, leaving the southerly right-of-way line of
State Highway 29, along the westerly right-of-way line of
Interstate Highway 35, a distance of 175.29 feet to a 1/2 inch
iron rod with cap set for the POINT OF BEGINNING and the
northeasterly corner hereof;.
THENCE, continuing along the westerly right-of-way line of
Interstate Highway 35, being the easterly line of the remainder of
said 412 acre tract and hereof, the following three (3) courses
and distances:
1) SO1°07'26"W, a distance of 523.37 feet to a concrete highway
monument found at the point of curvature of a non -tangent
curve to the left;
2) Along said non -tangent curve to the left having a radius of
4119.70 feet, a central angle of 16°48'18", an arc length of
1208.32 feet and a chord which bears SO6°39125"E, a distance
of 1203.99 feet to a concrete highway monument found at
highway PT -Station 900+20.69 for the end of said curve;
3) S15°03'36"E, passing at a distance of 302.00 feet a 1/2 inch
iron rod with cap set for reference, and continuing for a
total distance of 604.28 feet to a calculated point in the
centerline of the South San Gabriel River for the
southeasterly corner of the remainder of said 412 acre tract
and hereof, same being the northeasterly corner of Lot i,
Block "A" South Fork Apartments, a subdivision of record in
Cabinet F, Slides 341-342 of the Plat Records of Williamson
County, Texas;
• r ntWant No.e4 200
FN 03-128(JJM)
JUNE 12, 2003
PAGE 2 OF 3
THENCE, leaving the westerly right-of-way line of Interstate
Highway 35, along the centerline meanders of South San Gabriel
River, being the southerly line of said 412 acre tract and hereof,
and in part the northerly line of said Lot 1 South Fork
Apartments, in part the northerly line of those certain tracts of
land conveyed to R.W. Pearce by deed of record in Volume 695, Page
347 and Volume 635, Page 907, both of said Official Records, in
part the northerly lines of Lots 24-30 San Gabriel Heights Section
Four, a subdivision of record in Cabinet C, Slide 224 of said Plat
Records, and in part the northerly lines of Lot 2 Resubdivision of
San Gabriel Heights Section Six, a subdivision of record in
Cabinet P, Slide 247 of said Plat Records, the following nineteen
(19) courses and distances:
1) N82°31'35"W, a distance of 148.00 feet;
2) N69°52'99"W, a distance of 186.00 feet;
3) N60°55'31"W, a distance of 75.00 feet;
4) N54°21'29"W, a distance of 114.00 feet;
5) N30°22'32"W, a distance of 56.00 feet;
6) N54°16'27"W, a distance of 81.00 feet;
7) N42°36'13"W, a distance of 334.00 feet;
8) N50°45139"14, a distance of 181.00 feet;
9) N70°59'02"W, a distance of 221.00 feet;
10) S82°47'11"W, a distance of 243.00 feet;
S77°17'21"W, a distance of 140.00 feet;
12) S65°06116"W, a distance of 131.00 feet;
13) S45°07'52"W, a distance of 59.00 feet;
14) S71°38'24"W, a distance of 209.00 feet;
15) 857°O1'55"W, a distance of 155.00 feet;
16) S71°36'17"W, a distance of 56.00 feet;
17) 887°33'51"W, a distance of 156.00 feet;
886°18'35"W, a distance of 82.00 feet;
11)
18)
1Rtd ance No.2003e90
FN 03-128 (JJM)
JUKE 12, 2003
PAGE 3 OF 3
19) S69°23'45"W, a distance of 45.05 feet to the southwesterly
corner hereof, being in the northerly line of said Lot 2
Resubdivision of San Gabriel Heights Section Six;
THENCE, NO2°21'16"W, leaving the centerline meanders of the South
San Gabriel River, over and across said 412 acre tract for the
westerly line hereof, passing at a distance of 126.00 feet a 1/2
inch iron rod with cap set for reference, again passing at a
distance of 671.00 feet a cotton spindle set for reference, and
continuing for a total distance of 2128 80 feet to a 1/2 inch iron
rod with cap set in the southerly right-of-way of State Highway
29, being the northerly line of said 412 acre tract for the
northwesterly corner hereof, from which a concrete highway
monument found in the southerly line of State Highway 29, being in
the northerly line of Lot 1 Legend Oaks Section II, a subdivision
of record in Cabinet I, Slide 269 of the Plat Records of
Williamson County, Texas, bears S87°38'44"W, a distance of 891.29
feet;
THENCE, N87°38'44"E, along the southerly right-of-way line of
State Highway 29, being the northerly line of said 412 acre tract
and hereof, a distance of 1884.43 feet to a 1/2 inch iron rod with
cap set, from which a 1/2 inch iron rod found at the southwesterly
right-of-way cut -back corner of State Highway 29 and Interstate
Highway 35 bears N87°38'44"E, a distance of 175.29 feet;
THENCE, leaving the southerly right-of-way line of State Highway
29, over and across said remaining portion of 412 acre tract, the
following two (2) courses and distances:
1) S02°21'16"E, a distance of 257.34 feet
with cap set;
2) S88°52'34"E, a distance of 256.34 feet to
BEGINNING, containing an area of 100.676 acres
ft.) of land, more or less, within these metes
to a
1/2 inch iron rod
the POINT OF
(4,385,447 sq.
and bounds.
THAT I, JOHN T. BILNOSKI, A. REGISTERED PROFESSIONAL LAND SURVEYOR,
DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
BURY & PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN
R.P,
STA7
T. BILNOSK
.S. NO. 49
OF TEXAS
Draft 4/5/04
Notice of Public Hearing
Notice is hereby given of a public hearing to be held in accordance with Chapter 372.009,
Texas Government Code, to consider the advisability of establishing a Public Improvement
Assessment District. Said Public hearing is to be held at 6:00 p.m. on the 11`h day of May, 2004 at
the City Hall of the City of Georgetown, located at 101 E Seventh Street, Georgetown Texas
Considered at such hearing is the advisability of construction and/or acquisition of public
infrastructure improvements such as public roads, public utilities and public on site improvements
as further provided in the Development Agreement dated September 11, 2003 between the City and
Forestville Association regarding development of Wolf Ranch located in or benefitting the tract of
land shown below. The cost of improvements are estimated not to exceed $29,000,000.
a) The proposed method of assessment shall be divided into two classes. A Public Road
Improvements Assessment shall be levied against property within the Proposed District owned by
the Landowners, when, on an annual basis, 53% of the ''A cent portion of the City's sales tax
generated from businesses located within the Proposed District does not produce revenue sufficient
to pay the City's debt service and related reserve funds for the obligations issued by the City to fund
the Public Road Improvements. The amount of the Public Road Improvements Assessment shall
represent the difference between the amount of the sales tax generated within the Proposed District
for the immediately preceding fiscal year ending September 30`h and the debt service and related
reserves for the obligations issued by the City to fund the Public Road Improvements.
A Public Utility Improvements Assessment shall be levied against the property within the Proposed
District owned by the Landowners when on an annual basis the utility revenues generated from
businesses located within the Proposed District do not produce revenue sufficient to pay the City's
debt service and related reserve funds for the obligations issued by the City to fund the Public Utility
Improvements. The amount of the assessment shall represent the difference between the amount of
the utility revenues generated within the Proposed District for the immediately preceding fiscal year
ending September 30th and the debt service and related reserves for the obligations issued by the City
to fund the Public Road Improvements for that same fiscal year.
In the event the City exercises its option to purchase the Public On -Site Improvements or refinance
the obligations issued to finance the Proposed Improvements, a Public On -Site Improvements
Assessment shall be levied against property within the Proposed District when, on an annual basis,
53% of the City's 1 % portion of the sales tax generated from businesses located within the Proposed
District does not produce revenue sufficient to pay the City's debt service and related reserve funds
for any obligations issued by the City to acquire and/or reimburse the costs related to certain Public
On -Site Improvements. The amount of the assessment shall represent the difference between 53%
of the City's 1% portion of the sales tax generated within the Proposed District for the immediately
preceding fiscal year ending September 30th, and the debt service and related reserve funds for the
obligations issued by the City to fund the Public On -Site Improvements for that same fiscal year.
b) The improvements will be financed through the issuance of bonds by the City which may
be repaid by assessments on property owners within the Public Improvement Assessment District.
The assessments shall be a first and prior lien against each lot. Property owners may pay the entire
amount of the assessment when due after construction and/or acquisition of the project or will be
given the option to pay this assessment over a period coinciding with the amortization of the bonds
on a monthly or yearly installment basis including their share of the amortized assessment plus
interest on the bonds. All costs of the proposed district shall be incurred by the district.
map:
c) Spanish translations are available upon request from the City of Georgetown, Texas.
The boundaries of the Public Improvement Assessment District are shown on the following
[INSERT DESCRIPTION OR MAP]