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Home My WebLink AboutR-2007-01 Lakes at Fairmont Greens/method of assessment and apportionmentof cost between district and the city as a whole 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Ja Appropriation Requested By: Source of Funds: Department: Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution-Findings in Connection wi Lakes at Fairmont Greens PID Amount Requested: Budgeted Item: YES NO Exhibits: Resolution-Authorizing the Establishment of Lakes at Fairmont Greens PID Exhibits: Petition for the Creation of the I,akes @ Fairmont Green PID Exhibits: Memorandum for Rel'ord wi Attal'hments Exhibits: Fairmont Greens Rel'reation Trail SUMMARY & RECOMMENDATION In October 2004 Mr, Fogarty (through David Hawes, TIRZ/Redevelopment Authority Consultant) requested consideration of a PID (public Improvement District) to assist him in recouping some expenses that the Authority's reimbursement will not cover. In a December 13, 2004 City Council Workshop, David Hawes discussed the petition for this creation. PID's are allowable per the adopted TIRZ Guidelines and Tri-Party Agreement. In fact, a PID may be a successful way to also address future maintenance issues for the detention basins, perimeter fencing, landscaping, etc. Staff has been in discussions with Mr. Fogarty regarding these items. The collection of a PID assessment levied by the City would be easier and preferable than relying on a Homeowners' Association to undertake this kind of maintenance activity, The proposed PID assessment will have 2 components. One component is for capital costs reimbursement, which last for 15 years. The second component is for supplemental services (maintenance items listed above), is perpetual. PID #1 was approved on June 12,2006, but as reported to Council in December there were mistakes that require correction. This PID creation takes care of/over rides the earlier one by making the property contiguous and adding the Taylor Bayou area between SH146 and McCabe Road, Pending Council approval, dedication documents will be executed accepting responsibility for a portion of Taylor Bayou from HCFCD and allocating maintenance responsibilities to the Public Improvement District for the Lakes at Fairmont Greens Subdivision. A representative from Hawes, Hill, Calderon, LLP (consultant) will be available at the Public Hearing for additional information or to answer any questions. Action Required bv Council: Consider approval ofResolution:/Wrokaking findings in connection with the Proposed Public Improvement District Number One and Resolution~Ol)ll'02iithorizing the establishment of Public Improvement District Number One in the City of La Porte, jJio'l ate NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LA PORTE TO CONSIDER THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO MAKE CERTAIN IMPROVEMENTS AND FUND CERTAIN SUPPLEMENTAL SERVICES OVER CERTAIN PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE. In accordance with Chapter 372.005 Local Government Code the City Secretary has received a petition that requests the establishment of a public improvement district (PI D). The petition and a boundary map are on file and open for public inspection in the office of City Secretary. A Public Hearing on the advisability of the improvements will be held by the City Council as follows: TIME: Monday, January 22, 2007 at 6:00 p.m. PLACE: City Council Chambers, 604 West Fairmont Parkway, La Porte, Texas GENERAL NATURE OF THE IMPROVEMENTS AND SUPPLEMENTAL SERVICES: The improvements are the construction of public utilities (water, sewer & drainage), and related improvements within the PID. The estimated costs of the improvements, including financing, are $3,250,000 over the life of the PID. The supplemental services are the operation and maintenance of certain amenities and greenspace, recreational facilities, and other common facilities, The estimated costs of the supplemental services are $2,000,000 over the life of the PID. The proposed method of assessment is by value, per lot, or per square foot of benefited property. The proposed apportionment of cost is 100% to the PID and 0% to the municipality as a whole, BOUNDARIES: A boundary map is provided below: 0) NORTH STATE fllCflWAY 146 '" ... ~ rg "' ~ ~ ~ EXHIIIIT at hInacmt llnomo ...- -.... - z . - - - _f"._ :I: J: Written and oral objections will be considered at the hearing. City Secretary City of La Porte City of La Porte Resolution No.2 007 - 0 1 A RESOLUTION MAKING FINDINGS IN CONNECTION WITH THE PROPOSED LAKES AT FAIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT, RELATED TO THE ADVISABILITY OF THE IMPROVEMENTS, THE NATURE OF THE IMPROVEMENTS, THE ESTIMATED COST OF THE IMPROVEMENTS, THE BOUNDARIES OF THE PROPOSED DISTRICT, THE METHOD OF ASSESSMENT AND THE APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY AS A WHOLE; AND MAKING OTHER FINDINGS RELATED TO THE DISTRICT. WHEREAS, the City of La Porte Council is authorized to create a public improvement district pursuant to Ch. 372 of the Texas Local Government Code (the "Code") for the purpose described therein, and the City has received a petition from certain landowners within the City requesting the creation of a public improvement district; and WHEREAS, notice of a public hearing to consider the advisability of establishing the proposed district was published in The Bayshore Sun, a local newspaper of general circulation on .' f! 7/0.'[; the place, City Council Chambers, La Porte, Texas; the general nature of the proposed improvements; the boundaries of the proposed district; and the proposed method of assessment; and the proposed apportionment of cost between the district and the City as a whole; and WHEREAS, written notice of the public hearing to consider advisability of establishing the district was sent timely to the current address, so reflected on the tax rolls, of the owners of property subject to assessment under the proposed district; and WHEREAS, the public hearing was held with all interested parties having been given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council, having duly considered the petition submitted by property owners in the proposed district and the comments of those who made presentations at the public hearing on January 22,2007, hereby finds as follows: (1) It will promote the interests of the City to create the Lakes at Fairmont Greens Public Improvement District (the "District") under the provisions of Chapter 372, Texas Local Government Code for the purposes herein described. (2) It is advisable that the proposed improvement project be provided in the District and the City exercise the powers granted by Chapter 372, Texas Local Government Code, in connection with the establishment of the District, including the carrying out of the improvement project described below that will confer special benefits on property in the District and to levy and collect a special assessment on property in the District, based on the benefit conferred by such project, to pay all of the costs of such improvements. (3) The general nature of the public improvements and supplemental services in the District is set forth below, (a) The improvements include engineering and construction of water, wastewater, storm sewer facilities, creation and administration costs, and interest. (b) The supplemental services include operation and maintenance of common areas and green spaces, recreational facilities, and other common facilities. (4) The estimated costs of the public improvements over the fifteen years are a total of $3.75 million. The estimated costs of the supplemental services over the fifteen years are $2.0 million. (5) The boundaries of the District are fully described in Exhibit A attached hereto. (6) The proposed methods of assessment is as follows: (a) The assessment for the Public Improvements is proposed to be by value, per lot, or according to the square footage of property without regard to improvements on the property. (7) The proposed method of apportionment of the cost of the improvements between the District and the City as a whole is as follows: (a) The District will bear 100 percent of the costs of the Public Improvements. Section 2. This Resolution shall be passed finally on the date of its introduction and shall take effect immediately upon its passage and approval. Section 3. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND ADOPTED this 22n.ddayof Ja.n.UM!f, 2007. ~~7~ Alton Porter, Mayor Approved as to form: Attest: ~r~ City Attorney ~atd~cJWtJ City Secre ary ~ I EXHIBIT A ! ~ ~ I EXHIBIT STATE fJlGHWAY 146 0) NORTH ~ -- . .. - -~.- ,...- - ==-- - -. -. III r.mF ~