HomeMy WebLinkAboutRES 022701-CC - Service Plan Cimarron HillsRESOLUTION #. WHEREAS, on August 8, 2000, the City Council of the City of Georgetown, Texas (the "City ") passed ResolutionNo. 2000808 -S (the "Creation Resolution ") which authorized and approved the creation of the Cimarron Hills Public Improvement District (the "District "); and WHEREAS, the authorization of the District took effect when notice of the passage of such Creation Resolution was published in the Williamson County Sun, a newspaper of general circulation on August 31, 2000; and WHEREAS, the City also must hold a public hearing on a proposed assessment/service plan for the District in accordance with Section 372.016, Texas Local Government Code, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OF • # Section 1. The City hereby finds that the District implements the following policy of the Century Plan — Policy Plan element: Growth and Physical Development Policy End 3.00: "Citizens, business owners and organizations enjoy the benefits of well- planned land usage in which conflicting needs are balanced." and further finds that the enactment of this Resolution is not inconsistent or in conflict with any other Century Plan Policies. Section 2. In accordance with Section 372.016, Texas Local Government Code, as amended, a public hearing shall be held at City Hall of the City of Georgetown, located at 609 Main Street, Georgetown, Texas at 6:00 p.m. on March 27, 2001 regarding the proposed assessment/service plan for the District. Notice of such public hearing in substantially the form attached hereto as Exhibit " " shall be published in a newspaper of general circulation in the City at least 10 days prior to the public hearing and shall also be mailed to the property owners within the District. Section 3. The Mayor, City Manager, City Secretary, and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms of this Resolution. � M 1, Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution Section 5. This Resolution shall be in force and effect from and after its passage, and it is so ordered. Section 6. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 7. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this A7 -ayof I"Pra-l-rV 2001. � & (SEAL) MARYELLEN KERSCH, Mayor City of Georgetown, Texas ATTEST: 2 SANDRA LEE, City Secretary City of Georgetown, Texas Approved as to form: MARIANNE LANDERS BANKS, City Attorney City of Georgetown, Texas Notice of Public Hearing Regarding a Proposed Assessment /Service Plan for Cimarron Hills Public Improvement District In accordance with Chapter 372 of the Local Government Code, as amended, the Georgetown City Council in regular session on August 8, 2000, established the Cimarron Hills Public Improvement District (the 'District ") with the boundaries set forth in Schedule I attached hereto and incorporated herein for all purposes. Further, in accordance with Section 372.016, Texas Local Government Code, as amended, the City Council will conduct a public hearing on March 27, 2001 at 6:00 p.m. at the City Hall of the City of Georgetown, 609 Main Street, Georgetown, Texas to discuss the proposed assessment/service plan for the District as set forth below. The purpose of the District is to provide the acquisition or construction of water quality /detention ponds, street and bridge improvements and related drainage, landscaping and water and wastewater improvements to serve the District. The improvements will be financed through assessments and/or the issuance of assessment revenue bonds issued by the City which will be repaid by assessments on property owners within the District. The annual assessments shall be a first and prior lien against each property assessed subject only to the liens or claims for State, County, school district or municipality ad valorem taxes and is a personal liability of and charge against the owners of file property regardless ofwhether the owners are named. The lien is effective from the date of the ordinance levying the assessment until the entire assessment is paid and may be enforced by the governing body in the same manner as an ad valorem tax lien against real property may be enforced. Property owners will be given the option to prepay the entire assessment, at the Class A rate, or pay this assessment over a period of years coinciding with the amortization of one or more series of bonds issued for the improvements. In accordance with Section 372.015, Local Government Code, as amended, the City Council shall apportion the cost of an improvement to be assessed against property in the District. The apportionment shall be made on the basis of the special benefits accruing to the property because of the improvement and the City has determined that apportioning costs between classes of property determined by benefit and usage is the most fair and reasonable method of "imposing equal shares of the costs on the property similarly benefitted." The assessments are as follows: Class A Assessment Platted lots with certificates of occupancy issued by the City $3,400.00 per lot Class B Assessment w Platted lots $680.00 per lot Class C Assessment Unplatted acreage $99.73 per acre Class D Assessment Golf course and club facilities $49.58 per acre The total amount of improvement costs which may be funded from time to time is not to exceed $17,500,000. The proposed assessment roll containing the address ofproperty subject to assessment and the amount of the proposed assessment is available for public inspection in the Office of the City Secretary in the City Hall of the City of Georgetown, Texas, 609 Main Street, Georgetown, Texas. Written or oral objections will be considered at the public hearing. Spanish translations are available upon request from the City Secretary, City Hall of the City of Georgetown, Texas, 609 Main Street, Georgetown, Texas. [Traducciones espanolas estan disponibles por el requenimiento de la Secretaria de la Ciudad, City Hall of the City of Georgetown, Texas, 609 Main Street, Georgetown, Texas.] 812.99 ACRES CIMARRON HILLS BOUNDARY F.N. 6140 (1-TDW) APRIL 6, 2000 JOB NO. 4-40190.00 2501 L DESCRIPTION OF A 812.99 ACRE TRACT OF LAND SITUATED IN THE A. H. PORTER SURVEY, ABSTRACT, BEING ALL OF THAT CERTAIN CALLED 813.09 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO RESORT PROPERTIES, INC. OF RECORD IN VOLUME 2148,,PAGE 318 OF THE OFFICIAL RECORDS OFWILLIAMSON COUNTY, TEXAS, SAID 812.99 ACRES BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING at an iron rod found for the southeast comer of said called 813.09 acre tract, being also in the north line of State Highway No. 29, a 100 foot wide right-of-way, being also the southwest comer of that certain 37,995 acre tract of land as described in a deed to H. H. Rothell of record in Volume 649, Page 607 of the Deed Records of Williamson County, Texas and being the southeast corner of the herein described tract; THENCE, with the south line of called 813.09 acre tract, the north line of said State Highway No. 29 right-of-way and the south line of the herein described tract, the following two (2) courses: N 820 26'24* W for a distance of 5292.81 feet to a 1/2 inch iron rod with cap set at the beginning of a curve to the left, and 2. along said curve to the left, an arc distance of 130.02 feet, said curve having a radius of 5779.65 feet, a central angle of 01 ' 17' 17' and a chord bearing of N 830 02'42' W, for a chord distance of 130.02 feet to an iron rod found being the southwest comer of called 813.09 acre tract, being also the southwest comer of the herein described tract and being the southeast comer of that certain 8.881 acre tract of land as described in a deed to G C & E Services of record in Volume 2621, Page 136 of the deed records of Williamson County, Texas; THENCE, N 21 * 01'00' W, with the west line of called 813.09 acre tract, the east line of said 8.881 acre tract and the west line of the herein described tract, for a distance of 517.58 feet to a 40d nail found for the northeast comer of said 8.881 acre tract, being also a southeast comer of that certain 8.725 acre tract of land as described in a deed to William D. Richards, et ux of record in Document No. 9630009 of the Official Records of Williamson County, Texas; THENCE, N 21 * 14' 06*W, continuing with the west line of called 8 * 13.09 acre tract, the west line of the herein described tract, and with the east line of said 8.725 acre tract, for a distance of 1123.07 feet to a 40d nail found for an angle point in the east line of that certain 12.564 acre tract of land as described in a deed to Jewel Moye McWhorter of record in Volume 1893, Page 192 of the Deed Records of Williamson County, Texas; THENCE, N 200 41'21' W, continuing with the west line of called 813.09 acre tract, the west line of the herein described tract and the east line of said 12.564 acre tract, for a distance of 266.08 feet to a "/2inch iron rod with cap set for the northeast comer of said 12.564 acre tract, being also a southeast comer of that certain 20.0 acre tract of land as described in a deed to Mrs. Sam Goldenberg of record in Volume 1705, Page 793 of the Deed Records of Williamson County, Texas; THENCE, N 21- 12' 27' W, continuing with the west line of called 813.09 acre tract, the west line of the herein described tract and with the east line of said 20.0 acre tract, for a distance of 969.82 feet to an iron rod found for the most westerly northwest comer of called 813.09 acre tract, being also the most westerly northwest comer of the herein described tract, being also the northeast comer of said 20.0 acre Res. OA.1701- C-C. SCHEDULE I awba A, PAje -5 #-( 1,0 812.99 ACRES CIMARRON HILLS BOUNDARY F.N. 6140 (WDW) APRIL 6, 2000 PBS&J JOB NO, 440190.00 2501 tract and being the southwest comer of that certain 98.30 acre tract of land as described in a deed to Jilton Lee & Judy Made Ower, Jr. of record in Volume 2208, Page 603 of the Official Records of Williamson County, Texas; THENCE, with a north line of called 813.09 acre tract, the north line of the herein described tract and the south line of said 98.30 acre tract, the following rive (5) courses: N 69* 56' 01' E for a distance of 410.68 feet to a' /2 inch iron rod with cap set for an angle point, 2. N 69* 08' 31' E for a distance of 191.07 feet to a 1/2inch iron rod with cap set for an angle point, 3. N 640 16' 01' E for a distance of 77.21 feet to a V2 inch iron rod with cap set for an angle point, 4. N 69* 54' 31' E for a distance of 843.66 feet to a 4/2 inch !ran rod with cap set for an angle point, and 5. N 690 57' 31' E for a distance of 860.36 feet to a "/:z inch iron rod with cap set for an ell comer in the west line of called 813.09 acre tract being also an ell comer in the west line of the herein described tract and being the southeast comer of said 98.30 acre tract; THENCE, N 210 12' 16* W, with the west line of called 813.09 acre tract, the west line of the herein described tract and the *east line of said 98.30 acre tract, for a distance of 23160.75 feet to an iron rod found for the northeast comer of said 98.30 acre tract and being the southeast comer of that certain 121.21 acre tract of land as described in a deed to John F. & Jeanette L. Griffin, III of record in Volume 2489, Page 651 of the Official Records of Williamson County, Texas; I THENCE, N 21 - 11' 16' W, with the west line of called 813.09 acre tract, the west line of the herein described tract and the east line of said 121.21 acre tract, for a distance of 2340.54 feet to an iron rod found for the northwest comer of called 813.09 acre tract, being also the northeast comer of said 121.21 acre tract and being in the south line of that certain 170.00 acre tract of land as described in a deed to Stanley M. & Carol R. Jensen of record in Volume 2179, Page 519 of the Official Records of Williamson County, Texas; THENCE, N 68' 46' 56' E, with the north line of called 813.09 acre tract, the north line of the herein described tract and the south line of said 170,00 acre tract, for a distance of 3303.09 feet to an iron rod found for the northeast comer of called 813,09 acre tract, being also the northeast comer of the herein described tract, being also the southeast comer of said 170.00 acre tract, being also the southwest comer of that certain 221.58 acre tract as described in a deed to The Culp Family Loving Trust of record in Volume 2179, Page 554 of the Official Records of Williamson County, Texas and being the northwest comer of that certain 312.08 acre tract of land known as the D & N guilders Tract an unrecorded subdivision in Williamson County, Texas; THENCE, with the east line of the called 813.09 acre tract, the east line of the herein described tract and the west line of said 312.08 acre tract, the following eleven (11) courses: S 210 17' 37' E for a distance of 780.43 feet to an iron rod found for an angle point, 2. S 210 13' 20* E for a distance of 394.53 feet to a 40d nail found for an angle point, P&P 812.99 ACRES CIMARRON HILLS BOUNDARY F.N. 6140 (WDW) APRIL 6, 2000 PBS&J JOB NO. 440190-00 2501 3. S 210 10'49' E for a distance of 197.91 feet to a "/2 inch iron rod with cap set for an angle point, 4. S 210 15' 30* E for a distance of 187.17 feet to an iron rod for an angle point, 5. S 210 09' 50° E for a distance of 563.78 feet to a 40d nail found for an angle point, 6. S 20' 42' 51' E for a distance of 834.39 feet to a Yz inch iron rod with cap set for an angle point, 7. S 21' 17' 11' E for a distance of 1086.90 feet to an iron rod found for an angle point, 8. S 400 19' 57* E for a distance of 94.58 feet to an iron rod found for an angle point, 9. S 46" 39' 28* E for a distance of 200.57 feet to an iron rod found for an angle point, 10. S 420 12'300 E for a distance of 225.05 feet to a "/2inch iron rod with cap set for an angle point, and 11. S 23' 33' 03' E for a distance of 194.67 feet to a "/z inch iron rod with cap set for the most northerly southeast comer of called 813.09 acre tract, being also the most northerly northeast comer of the herein described tract, being also the southwest comer of said 312.08 acre tract and being in the north line of that certain 274.53 acre tract of land as described in a deed to The Rothell Family Limited Partnership of record in Volume 2527, Page 28 of the Official Records of Williamson County, Texas; THENCE, with a south line of called 813.09 acre tract, a south line of the herein described tract and the north line of said 274.53 acre tract, the following seven (T) courses: 1. S 59* 05'27* W for a distance of 15.42 feet to a' /= inch iron rod with cap set for an angle point, 2. S 86' 01' 57' W for a distance of 19.36 feet to a 1/2inch iron rod with cap set for an angle point, 3. S 54'3 30' 57' W for a distance of 127,28 feet to a' /2 inch iron rod with cap set for an angle point, 4. S 66" 10' 57' W for a distance of 86.10 feet to an iron rod fbund for an angle point, 5. S 68* 39' 14' W for a distance of 602.93 feet to a 40d nail found in a tree for an angle point, 6. S 630 07' 34' W for a distance of 79.90 feet to a V2 inch iron rod with cap set for an angle point, and 7. S 670 11'04'W for a distance of 170.98 feet to an iron rod found for an ell comer in the east line of called 813.09 acre tract, being also an ell comer in the east line of the herein described tract and being the northwest comer of said 274,53 acre tract; THENCE, with the east line of called 813.09 tract, the east line of the herein described tract and the west line of said 274.53 acre tract, the following four (4) courses: 1. S 10' 57' 43' E for a distance of 138.76 feet to an iron rod found for an angle point, Exhi bi i- A, pAie 812.99 ACRES F.N. 6140 (WDVV) CIMARRON HILLS BOUNDARY APRIL 6, 2000 PBS&J JOB NO. 440190.00 2501 2. S 190 50' 45' E for a distance of 167.37 feet to an iron rod found for an angle point, 3. S 210 03' 34' E for a distance of 4476.04 feet to a 40d nail found for an angle point, and 4. S 220 03' 11' E for a distance of 603.46 feet to the POINT OF BEGINNING and containing 812.99 acres of land. Bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 1983 Convergence = 41 °21'27'. THE STATE OF TEXAS I I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS I That 1, William D. Warrick, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March, 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 6"' day of April, 2000, A.D. PBS&j P.O. Box 162690 Austin, Texas 78716-2690 William D. Warrick Registered Professional Land Surveyor No. 4426 - State of Texas -V-s� 4426 70 0 .......... S U RkTlx op 1 lei .1 iL -41 L 4f UJ 00 ell v V) =F Z W m z W 0 > C—Y' cr� 0 < a- CL :2 U tk: V E to -41 L 4f UJ 00 ell v V) =F Z W m z W 0 > C—Y' cr� 0 < a- CL :2 U tk: E to CN THE STATE OF TEXAS § COUNTY OF WILLIAMSON §11 CITY OF GEORGETOWN § The undersigned City Secretary of the City of Georgetown, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in REGULAR MEETING ON THE 27TH DAY OF FEBRUARY, 2001, at the City Hall (the "Meeting"), and the roll was called of the duly constituted officers and members of the City, to-wit: MaryEllen Kersch, Mayor Lee Bain - Mayor Pro Tern and Councilmember District 4 Llorente Navarrette - Councilmember District I Clark Lyda - Councilmember District 2 Susan Hoyt - Councilmember District 3 Sam Pfiester - Councilmember District 5 Charles "Ross" Burson - Councilmember District 6 Ferd Tonn - Councilmember District 7 George Russell - City Manager Sandra D. Lee - City Secretary Marianne Landers Banks - City Attorney and all of the persons were present, except the following absentees: n One thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written A RESOLUTION CALLING A PUBLIC HEARING REGARDING A PROPOSED ASSESSMENT/SERVICE PLAN FOR THE CIMARRON HILLS PUBLIC IMPROVEMENT DISTRICT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS was duly introduced for the consideration ofthe City Council, It was then duly moved and seconded that the Resolution be passed on first reading; and, after due discussion, said motion carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: -7— NOES: b CINWRONIM.1-SPI0: Cn tion,Rcs 2. A true, hill and correct copy of the Resolution passed at the Meetings described in the above and foregoing paragraphs is attached to and follows this Certificate; that the Resolution has been duly recorded in the City Council's minutes of the Meetings; that the above and foregoing paragraphs are a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the passage of the Resolution; that the persons named in the above and foregoing paragraphs are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meetings, and that the Resolution would be introduced and considered for passage at the Meetings, and each of the officers and members consented, in advance, to the holding of the Meetings for such purpose, and that the Meetings were open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. CIMARRONHI:ASI•ID: C -Ii-A. r 1,4 SIGNED AND SEALED -7�bUzQa- A7,2-0a1 a SANDRA D. LEE City Secretary [CITY SEAL] rMARROWHILLSPH)i C—lim.R.s K aj MARYELLEN KERSCH Mayor