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Home My WebLink AboutO-2006-2963 15 ",- Agenda Date Requested: Dec EST FOR CITY COUNCIL AGENDA ITEM r 11 2006 Appropriation Requested By: Source of Funds: Department: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Resolution 2006-15 Rstahlishin~ the PID without Rxhibits Amount Requested: N/A Exhibits: Ordinance Approving Agreement Budgeted Item: YES NO Exhibits: Proposed PID Development A~reement SUMMARY & RECOMMENDATION On June 12,2006 City Council approved Resolution 2006-15 establishing City of La Porte Public Improvement District #1 (PID). Council is now requested to consider and approve a Development Agreement between the City and 65 La Porte, LTD. The agreement provides for construction of certain improvements within the PID, provides for advance funding by the developer and provides for the PID assessment to be collected for repayment of Developer advances for the improvements listed in Exhibit B. The action is necessary for the developer of Lakes @ Fairmont Green to secure "final" approval of his financing and move forward with construction. Note: Even though the PID was created on June 12 and Council will consider the agreement we will need to return to Council in the future with an amendment to the creation of the PID. The amendment is necessary for two reasons. 1. There was a mistake in the creation documents. The PID as created is not contiguous and state law requires it to be one contiguous area. 2. The PID needs to include Taylor Bayou from SH146 to McCabe Road, as a result of both City Council and TIRZ/Redevelopment Authority approving, in concept, the design and construction of enhancements along this stretch of Taylor Bayou. Action Required bv Council: Approval of Ordinance authorizing (PID) Development Agreement between City of La Porte and 65 La Porte, LTD. nterim City Manager P?' , I Date City of La Porte Resolution No. /XJi..p-lS- A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT NUMBER ONE IN THE CITY OF LA PORTE, TEXAS; AUTHORIZING PUBLICATION OF THIS RESOLUTION, PROVIDING FOR THE PREPARATION OF A SERVICE AND ASSESSMENT PLAN; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. ***** 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, the City Council held a public hearing on June 12,2006, notice of which was published and mailed to property owners of the proposed district pursuant to Section 372.009 of the Code; and WHEREAS, the City Council has made findings by resolution as to the advisability of the proposed improvement project, the nature of the improvements, the boundaries of the proposed public improvement district, the estimated cost, the method of assessment and the apportionment of cost between the improvement district and the City as a whole, as required by Chapter 372 of the Code; and WHEREAS, the City Council has determined that it should proceed with the creation of the Public Improvement District Number One and the provision of public improvements proposed to be provided thereby; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. correct. The facts recited in the preamble hereto are hereby found to be true and Section 2. Public Improvement District Number One (the "District") is authorized to be and is hereby established as a public improvement district under the provisions of Chapter 372 of the Code over the land currently included within the boundaries of the City of La Porte, Texas, as more fully described in Exhibit A attached hereto, all in accordance with the findings made by the City Council in Section 1 of Resolution No.fa:tcdtf passed and approved on .::Jl.Jt\e It. , 2006. Section 3. The City Secretary is hereby directed to give notice of the authorization for establishment of the District by publishing the resolution once in at least one local newspaper of general circulation in the City. The authorization and establishment of the District shall be deemed to be effective upon the publication of the notice directed by this section. Section 4. The City Council hereby directs the La Porte Redevelopment Authority to prepare a service and assessment plan for review and approval of the City Council in accordance with Chapter 372 of the Code. Section 5. The District shall not provide any improvements until at least 20 days after authorization of the District takes effect. Such services shall not begin if during such period a petition is filed pursuant to section 372.0l0(c) of the Code. Section 6. This Resolution shall be passed finally on the date of it's introduction and shall take effect immediately upon its passage and approval. Section 7. 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 ~ th day of ~ 2006. ~~y~ Alton Porter, Mayor Attest: Approved as to form: ~d. . U/ >~ Knox Askins, City Attorney ORDINANCE NO. 2006~ '1 ~ .3 AN ORDINANCE APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND 65 LA PORTE, LTD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is herby authorized to attest to all such signatures arid to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares 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. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2006- ~ tt (,5 <#t PASSED AND APPROVED, this 11 day oiJ)eft!fl{!Jer, 2006. ATTEST: , ~-~A.j)U)(:r Martha A. Gillett City Secretary APPROVED: ~7~ -PoY' K'E"ox W. Askins I City Attorney By: (\C~T: OF ~A~TE ~~1\)~ . Alton E. Porter Mayor