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Home My WebLink AboutRES 061201-S-3 - Establish Shell Rd PIDRESOLUTION NO. 0& la 0/ t9--3 A RESOLUTION • THE CITY COUNCIL OF THE CITY • GEORGETOWN, TEXAS ACKNOWLEDGING RECEIPT OF A PETITION TO ESTABLISH THE SHELL ROAD PUBLIC IMPROVEMENT ASSESSMENT DISTRICT; SETTING A PUBLIC HEARING DATE; AUTHORIZING PUBLICATION OF NOTICE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, William E. Cooper, Manager of CCD Partnership, LLC, General Partner of Campbell-Georgetown #1 Limited Partnership, a Texas limited Partnership, and Todd D. Piland, Senior Vice President of H.E. Butt Grocery Company, a Texas corporation, have heretofore filed with the City a petition (the "Petition) to request establishment of the Shell Road Public Improvement Assessment District, a copy of which is attached hereto as Exhibit 1; and WHEREAS, the Petition requests the establishment of a public improvement assessment district pursuant to the provisions of Chapter 372, Texas Local Government Code, V.A.T.S. (the "District") within the corporate boundaries of the City, the boundaries of the District being described by metes and bounds on Exhibit "A" to the Petition (Exhibit 1 hereto); and WHEREAS, the Petition states the general nature and estimated costs of the proposed improvements, the boundaries of the proposed District, the proposed method of assessment and a provision for management of the proposed District; and WHEREAS, a public improvement assessment district may only be established after a public hearing is held pursuant to Section 372.009 of the Local Government Code, V.A.T.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements Growth & Physical Development Policy 7.0 of the Century Plan - Policy Plan Element, which states: "Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development"; and Finance Policy 5.0 of the Century Plan - Policy Plan Element, which states: "All municipal operations are conducted in an efficient business-like manner and sufficient financial resources for both short-term and long-term needs are provided."; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council of the City of Georgetown hereby formally acknowledges receipt of the aforementioned Petition. Shell Road Public Improvement Assessment District Resolution No. 0&1,a0j—S-,3 Page 1 of 2 SECTION 3. A public hearing on the establishment of the Shell Road Public Improvement Assessment District and the advisability of the proposed improvements within said District shall be held before the City Council of the City of Georgetown, Texas, on the 10th day of July, 2001, at 6:00 p.m. in the City Council Chambers at 609 Main Street, Georgetown, Texas. SECTION 6. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATTEST: r fir. Sandra D. Lee, City Secretary UTWJ0206-294� 1111�006-1&111 Cathleen R. Riedel, Acting City Attorriey J-VXIE Shell Road Public Improvement Assessment District Resolution No. 426,4201--g -13 Page 2 of 2 ,2001. THE CITY OF GEORGETOWN: '/ By IV -Ilen Kersch. Mayor STATE OF TEXAS § COUNTY OF WILLIAMSON § TO THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AND THE MAYOR OF THE CITY OF GEORGETOWN, TEXAS: The undersigned property owners, 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 Shell Road Public Improvement Assessment District, and The undersigned property owners are the sole property owners within the area to be included within the proposed district, In support of said petition, Petitioners would show unto the City Council the following: 1. General Nature of Pro-posed Improvements. The Proposed Improvements shall consist of the acquisition, engineering, traffic signalization (including traffic signalization at the Shell Re-alignment/Williams Drive intersection), design and construction of the re-alignment of Shell Road from its intersection with Williams Drive to the southern boundary of Georgetown Village and a connection from this re-alignment to Sequoia Spur Drive ("Shell Re-alignment"), as shown on Exhibit "A", attached hereto and incorporated herein. 2. Estimated Costs of Improvements. The estimated costs of the Proposed Improvements are $832,500.00, which includes expenses incurred in the establishment and administration of the proposed Improvements. In no event shall the total PID assessment be more than $832,500.00 3. Boundaries of the Proposed Assessment District. The boundaries of the proposed assessment district are described in Exhibit "B", attached hereto and incorporated herein. 2:\TEXT\SHELL\PET1T10N.WPD/cdc Ex h i&Y I 4. Proposed Method of Assessment. The PID assessment on each tract shall be a pre-determined, fixed amount representing such tract's pro-rata share of the total PID assessment. Each tract's pro-rata share shall be calculated by multiplying the total PID assessment by a fraction, the numerator of which shall be the number of linear feet of Shell Re-alignment (including the linear footage of the connection from the re-aligned Shell Road to Sequoia Spur Drive) adjacent to or contained within such tract, and the denominator of which shall be the total linear footage of the Shell Re- alignment (including the linear footage of the connection from the re- aligned Shell Road to Sequoia Spur Drive). Unless otherwise provided in the Development Agreement (or Amended Development Agreements), the PID assessment on each tract shall be due at the time the property is platted, at the time of the sale of the property, or within seven (7) years after the Shell Re-alignment is completed and open to the public, whichever occurs earlier. Notwithstanding the foregoing, the PID assessment on the HEB tract shall not be due and owing until the Shell Re-alignment, including the installation of the Williams Drive traffic light and the construction of the Sequoia Spur connection, is completed and open to the public. 5. Management of District. The Proposed District shall of Georgetown, (OR) 2) solely Williamson County Judge and the Three, Williamson County, Texas. be managed 1) solely by the City by a board consisting of the County Commissioner from Precinct 6. Concurrence of the Establishment of the District. All of the undersigned request and/or concur with the establishment of the Shell Road Public Improvement Assessment District. 7. Apportionment of Costs The costs of the Proposed Improvements (which costs shall not exceed $832,500.00) shall be borne entirely by the land within the boundaries of the District and no apportionment between the district and the City of Georgetown is necessary. SIGNED this the �k day of � AA 6.P 1 2001. 9M STATE OF TEXAS COUNTY OF WILLIAMSON Respectfully submitted, CAMPBELL-GEORGETOWN #1 LIMITED PARTNERSHIP, a Texas limited partnership By: CCD PARTNERSHIP MANAGEMENT, LLC, Its sole general partner By: WILLIAM E. OOPER,Manager ACKNOWLEDGMENT I This instrument was acknowledged before me on the �� day of 2001, by WILLIAM E. COOPER, Manager of CCD PARTNERSHIP M �NGEMENT, LLC, sole general partner of CAMPBELL - GEORGETOWN #1 LIMITED PARTNERSHIP, a Texas limited partnership, on behalf of said partnership. CYNTWA S. MECHLER )(as -24-04 ate of Texas M. Sion E PireS 10 Notary �ublic, S6 IYes. o&iaol-S-3 3. 45X17'14'b;1_ I STATE OF TEXAS COUNTY OF WILLIAMSON Respectfully submitted, H.E. BUT GROCERY COMPANY a Texas orporation By: uell�q e TODD A. PILAND Senior Vice President ACKNOWLEDGMENT 1, This instrument was acknowledged before me on the J( day of 2001, by TODD A. PILAND, Senior Vice President of H.E. BUTT GROCERY COMPANY, on behalf of said corporation. HELFN G RCIA NOTARY PUBLIC State of exas Comm. Exp. 04-26-2005 Notary Pub c, State of Texas 4. 17 )WN Vi G L NEQ ///F� CAMPBELL TRACT 4 I a a BpJNG 157.9 acres, More or loss, situated in the David Wright Survey, Abstract No. 13 and the Joseph Fisk Survey, Abstract No. 232, in Mfilliarnson County Texas, said land being a poi-fion of that certain tract of land, called 226.68 acres, as convcYcd to Campbell- Georgetown No. 1, Ltd, by deed as recorded in Volume 1618, page 9, of the official Records of Williarnson. County, Texas, and being more partictdarly described as follows; BWRjMG at the most northerly writer of the above-referenced Catnpbdl-Georgetown No. 1, Ltd- tract, for the most nortimly comer hereof; # IBEN p f the said C=Wbell-Goorgetowii No. 1, Ltd. traot, to the CE, Southeasterly alog the Northeast HOC 0 rnost nmftdy casWrn coj= of the said Campbell-Georgetown No. 1, Ltd. tract, for the most northerly TIMiCE, Southwesterly, along a soudWASta`lY lino Of the said Campbell - Georgetown No. 1, Ltd. tract, to an jpUcrior corner of the said Campbell- Georgetown -No. 1, Ltd. tract, for an interior comer Ikere'of, TnmcE, Southeasterly, along a northeasterly line of the said Campbell-Georgdown No. 1, Ltd. tract, to the most southerly eastern corer of the said Campbell - Georgetown No. 1. Ltd- tract, on the Northwest line of Sequoia Spurjor, the most southerly eastern corner hereof; THMCV Southwesterly, along the said Northwest line of Sequoia Spur, being a southeasterly line of the 1, La tract Sequoia said Campb,-U-C�Wn NO- , to the intersectiw of the said Northwosfliw of S oia Spur and the Northeast, line of Farm to Njarkat Highway No. 2338 {Williams Drive }, foi the most southmly corner of the said Campbell - Georgetown NO. 1, TAd- traet, for the most southerly corner kroof; TfMNCE, Northwesterly, along the Northeast lino of Farm to Marl-,d Highway -No. 2338 {Williams . Drive), beb* the Southwest line of the said CamPbell-40corgetowii No. 1, M(L tract to the intersection of the said Northeast line of F.M. Ifighway N6.2338 and the Southeast line of existing Shell Road, for the most southerly Southwest corner hereof TIMNCE. Northeasterly, along the said Southeast line of ox sting SheU Road, 1600 fbet, more or less, to the in".mctiozi of the said Southeast line of Shell Road and the proposed Southwest bm of Verde Vista Extension for an interior corner heroof, TBENCE, along the proposed Southwest line of the Verde Vista Extension and conUnuing with the pmjecdon of the said proposed Southwest line of tbo Verde Vista Extension to the Northwest line of the said Campbell-Georgetown No. 1, Ltd. tract, for the most westerly Southwest comer hereof; said point being Northeasterly 600 feet, more or less, from the most westerly Southwest comer of the said Cwnpb--Il- Georgetown No. 1, ltd. tract, for the most westerly Southwest corner hereof,