R-00-04-27-12E1 - 4/27/2000RESOLUTION NO. R -00-04-27-12E1
A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND
DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN
AS THE BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT;
MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND
ESTIMATED COSTS OF THE PROPOSED IMPROVEMENTS AND THE
METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE
DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC
IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372,
SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE;
ACCEPTING AN ADVISORY BOARD REPORT; MAKING
PROVISIONS RELATED THERETO AND DECLARING AN
EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, Chapter 372 of the Texas Local Government Code (the
"Act") authorizes the City of Round Rock, Texas (the "City") to
create one or more public improvement districts; and
WHEREAS, on January 20, 2000, owners of certain real property
located within the City delivered to the City a Petition (the
"Petition") to create Behrens Ranch Public Improvement District
(the "District") the boundaries of which are shown on the map
attached hereto and made a part hereof and marked Exhibit "A"; and
WHEREAS, the City Secretary of the City has received the
Petition and it has been determined that the owners of more than
50% of the appraised value of the taxable real property and more
than 50% of the area of all taxable real property within the
District have executed the Petition and that the Petition complies
K:1 W PDOCSIRESOLUTIlR00427E I W PDicdc
with the Act and authorizes the City Council to consider the
creation of the District; and
WHEREAS, the City Council appointed an Advisory Board to
investigate all matters related to the Petition and the Advisory
Board has reported thereon; and
WHEREAS, after providing all notices required by the Act, the
City Council on April 27, 2000, April 13, 2000 and February 24,
2000 conducted a public hearing on the advisability of the
improvements and the creation of the District; and
WHEREAS, the report of the Advisory Board along with the
testimony from property owners and others were considered; and
WHEREAS, the City Council adjourned such public hearing, Now
Therefore;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the following findings are made and declared regarding
the proposed Behrens Ranch Public Improvement District:
1. The Report of the Advisory Board, attached hereto and
incorporated herein as Exhibit "B", is received and
accepted;
2. The Petition to establish the District is sufficient and
is accepted as being in compliance with the provisions of
the Act;
2
3. It is advisable to make the improvements set forth in the
Petition and the same will benefit the land described
therein, enhance the value thereof and be of benefit and
use to the City and the residents of the District;
4. The nature of the improvements is to provide the water,
sanitary sewer, drainage and street facilities necessary
to serve the land within the District in accordance with
the requirements therefor by the City and are generally
described in Exhibit "C" attached hereto and made a part
hereof for all purposes;
5. The estimated costs of acquiring all the proposed
improvements, together with bond issuance costs, legal
and financial fees, credit enhancement expenses, if any,
capitalization of bond interest, if any, the creation of
a reserve fund, if any, and expenses incurred in the
establishment, administration and operation of the
District is estimated not to exceed $6,000,000 and such
cost is a reasonable cost for said improvements;
6. The estimated costs shall be paid from the proceeds of
the sale of revenue bonds to be solely secured by and
payable from special assessments on all property within
the District's boundaries.
7. The land described in the Petition will all be benefitted
by the proposed improvements and therefore the boundaries
of the District shall be as described in Exhibit "A"
attached hereto and made a part hereof for all purposes;
8. The method of assessment shall be based upon the special
benefits which accrue to the classes of property within
the District as set forth in "Exhibit "D"; and
9. The costs of the improvements shall be borne entirely by
the land within the boundaries of the District and no
apportionment between the City and the District is
necessary.
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II.
The Behrens Ranch Public Improvement District is hereby
created as provided by the Act and in accordance with the findings
made in Section I hereof. Provided, however, such authorization
does not authorize Petitioner to take any action that would
obligate the City in any way or cause the City to incur any risk or
cost.
III.
This Resolution shall be published one time in the Austin
American -Statesman, the official newspaper of the City, and upon
such publication authorization of the Behrens Ranch Public
Improvement District shall become effective.
IV.
City staff is hereby authorized
to prepare a preliminary assessment
notices, and take all other action
purposes of this Resolution
•
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
the public as required by law at all times during
Resolution and the subject matter hereof were discussed,
to take all action necessary
roll, publish any necessary
necessary to effectuate the
4
was open to
which this
considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 27th day of April, 2000.
ATTEST:
NE LAND, City Secretary
5
40 fi '401%4
ROBERT A. STLUKA, ., Mayor
City of Round Rock, Texas
•
BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT DESCRIPTION:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND PART OF THE DAVID CURRY SURVEY,
ABSTRACT NO. 130, THE EPHRIAM EVANS SURVEY ABSRACT NO. 212 AND
THE WILLIAM KINCAID ABSTRACT NO. 374, THE WILLIAM DUGAN SURVEY
ABTRACT NO. 190 AND BEING A PART OF THAT CERTAIN TRACT SAID TO
CONTAIN 580.31 ACRES OF LAND AS DESCRIBED IN A DEED TO BEHRENS
SUBDIVISION, LTD. FROM ROBERT H. BEHRENS, ET AL, RECORDED BY
DOCUMENT NO. 199936704, WILLIAMSON COUNTY OFFICIAL RECORDS, AND
BEING MORE PATICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the northerly boundary line of said 580.31 acre tract, same
being the southerly boundary line of that certain tract of land as described to Georgetown
Railroad Co., Inc, by instrument recorded in Volume 880, Page 630 .Williamson County
Deed Records, same being the northeast corner and POINT OF BEGINNING of the
herein described tract, and from which an iron rod found for the northeast corner of said
581.31 acre tract, also being the northwest corner of that certain tract said to contain
157.836 acres of land as described in a deed to Arline Rasmussen recorded in Volume
1462, Page 240 and Volume 2338, Page 226, Williamson County Official Records, bears
N 72°00'08"E a distance of 45.72 feet:
THENCE through the interior of said 580.31 acre tract, with the westerly boundary line
of a 4.555 acre tract of land as conveyed by Behrens Subdivision Ltd to the City of
Round Rock By Dedication Deed recorded by Document No.199985263 in the Official
Records of Williamson County, the following four (4) courses:
1. S 15°07'55" E, 983.44 feet to a point;
2. S 15°43'57" E, 1251.03 feet to point ;
3. S 11°27'50" E, 366.58 feet to a point ;
N 88°10'52" E, 109.85 feet to a point in the proposed curving westerly right of way line
of Creek Bend Boulevard same being the most southerly corner of said 4.555, same being
a point in the westerly boundary line of a 5.211 acre tract of land as conveyed by Behrens
Subdivision Ltd to the City of Round Rock By Dedication Deed recorded by Document
No.199985263 in the Official Records of Williamson County;
THENCE with the westerly right of way line of said 5.211 acre tract the following two
(2) courses:
1. 226.46 feet along a curve to the right having a radius of 750.00 feet, a central angle of
17°18'02", and a chord of which bears S 06°52'08" W for a distance of 225.60 feet to
a point;
1
EXHIBIT
'7 Tt
1
BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT DESCRIPTION:
2. S 15°31'12" W, 522.26 feet to a point in a north line of said 580.31 acre tract same
being the northeast corner of a. 3.824 acre tract of land as conveyed by Behrens
Subdivision Ltd to the City of Round Rock By Dedication Deed recorded by
Document No:199985263 in the Official Records of Williamson County, same being
the northeast corner of a tract of land as conveyed by 3406 Ltd to the City of Round
Rock recorded by Street Deed Document No.199944222 of the Official Records of
Williamson County,
THENCE with the common boundary lines of said 3.824 acre tract and said 580.31 acre
tract the following two (2) courses:
1.. S 70°0124" W, 487.27 feet to a point;
2. S 19°58'29" E, 689.60 feet to a point;
THENCE with a easterly boundary line of said 580.31 acre tract, same being the
westerly boundary line of said Street Deed S 20°0422" W, 20.05 feet to a point in the
curving westerly right of way line of Creek Bend Boulevard;
THENCE with westerly right of way line of Creek Bend Boulevard, same being the
easterly boundary line of said 580.31 acre tract the following (5) five courses:
1. 220.26 feet along a curve to the left having a radius of 845.00 feet, a central angle of
14°56'06", and a chord of which bears S 01°34'45"W for a distance of 219.64 feet to
a point;
2. S 05°53'15" E, 50.01 feet to a point;
3. 158.15 feet along a curve to the right having a radius of 755.00 feet, a central angle of
12°00'06", and a chord of which bears S 00°06'45" W for a distance of 157.86 feet to
a point;
4. S 06°06'45" W, 125.02 feet to a point;
5. 39.28 feet along a curve to the right having a radius of 25.00 feet, a central angle of
90°00'54", and a chord of which bears S 51°06'45" W for a distance of 35.36 feet to a
point in the northerly right -of way line of F.M. 3406, same being the southeast corner
of the herein described tract;
THENCE with northerly right of way line of F.M. 3406, same being the southerly
boundary line of said 580.31 acre tract the following (11) eleven courses:
1. N 83°53'50" W, 96.14 feet to a point;
2
BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT DESCRIPTION:
2. 898.79 feet along a curve to the left having a radius of 1969.86 feet, a central angle of
26°08'32", and a chord of which bears S 83°01'42" W for a distance of 891.01 feet to
a point;
3. S 69°58'33" W, 1385.05 feet to a point;
4. 842.72 feet along a curve to the right having a radius of 1372.40 feet, a central angle
of 35°10'56", and a chord of which bears S 87°33'06" W for a distance of 829.54 feet
to a point;
5. N 74°53'50" W, 67.25 feet to a point;
6. 336.82 feet along a curve to the right having a radius of 2804.79 feet, a central angle
of 6°52'50", and a chord of which bears N 71°23'43" W for a distance of 336.82 feet
to a point;
7. N 68°00'19" W, 369.40 feet to a point;
8. 392.24 feet along a curve to the left having a radius of 1969.86 feet, a central angle of
11°24'32", and a chord of which bears N 73°38'37" W for a distance of 391.60 feet to
a point;
9. N 79°22'39" W, 773.52 feet to a point;
10. 367.60 feet along a curve to the left having a radius of 1969.86 feet, a central angle of
10°41'32", and a chord of which bears N 84°43'33" W for a distance of 367.08 feet;
11. S 89°59'20" W, 172.51 feet to a point for the southwest corner of said 580.31 acre
tract, same the southwest corner of the herein described tract;
THENCE with the west boundary line of said 580.31 acre tract, same being a east
boundary line of that certain tract land as conveyed to Hy -Land Joint Venture, recorded
in Volume 639, Page 693 of the Deed Records of Williamson County, N 19°16'03" W,
3150.93 feet to a point for the northwest corner of said 580.31 acre tract, same being the
northwest corner of the herein described tract;
THENCE with the north boundary line of said 580.31 acre tract, same being a south
boundary line of said Hy -Land Joint Venture tract, the following two (2) courses:
1. N 70°49'36" E, 1292.18 feet to a point;
2. N 66°5T59" E, 598.53 feet to a point;
3
•
BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT DESCRIPTION:
THENCE continuing with the north boundary line of said 580.31 acre tract, same being a
west and a south boundary line of that certain tract land as conveyed to Westinghouse
Electric Corporation, recorded in Volume 540, Page 767 of the Deed Records of
Williamson County, the following six.(6) courses:
1. S 19°42'01" E, 504.10 feet to a point;
2. N 70°18'10" E, 1080.98 feet to a point;
3. N 69°20'47" E, 1597.15 feet to a point;
4. N 78°46'l 1" E, 78.09 feet to a point;
5. N 70°06'50" E, 1696.54 feet to a point;
6. N 72°00'08" E, 74.28 feet to the POINT OF BEGINNING.
CONTAINING: 567.63 acres of land more or less.
•
eorge E. Lucas
Ai.
Q�G9 �
Registered Professional GEORGE E. LUCAS
Land Surveyor No.4160 9 4160
State of Texas 'L'°esso�
January 13, 2000
This instrument was created without the benefit of an on the ground survey.
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EXHIBIT "B"
ADVISORY BOARD REPORT
The Advisory Board of the proposed Behrens Ranch Public
Improvement District (the "District") prepared the following
report, which is to be presented to the City Council of Round Rock,
Texas on April 27, 2000.
The Board has reviewed the improvements as set forth in the
Petition filed by Behrens Subdivision Ltd. (the "Property Owners")
within the proposed District and find that the improvements as set
forth in Exhibit "C" attached hereto will benefit the land within
the District, will enhance the value of said land, and will be of
benefit and use to the City and the residents of the District.
The nature of the improvements is to provide water, sanitary
sewer, drainage and street facilities necessary to serve the land
within the District, in accordance with City Code requirements.
The estimated costs of acquiring all the proposed
improvements, together with bond issuance costs, legal and
financial fees, credit enhancement expenses, if any, capitalization
of bond interest, if any, the creation of a reserve fund, if any,
and expenses incurred in the establishment, administration and
operation of the District is estimated not to exceed $6,000,000 and
such cost is a reasonable cost for said improvements. A schedule
of estimated improvements and costs is attached hereto as Exhibit
"C".
After discussion with the Property Owners, a method of
assessment based upon the special benefits which accrue to the
classes of property within the District shall be as follows:
Class A Assessment
Platted lots with certificate
of occupancy
issued by the City
1
$2,860.00 per acre
Class B Assessment
Platted lots $567.20 per acre
Class C Assessment
Unplatted lots $45.38 per acre
Class D Assessment
Golf course and club facilities
$38.57 per acre
In conclusion, the Advisory Board recommends that the City
Council find that the proposed Behrens Ranch Public Improvement
District is feasible and desirable, that the proposed method of
assessment be adopted and the District be created subject to
execution of a development agreement between the District and the
property owners prior to holding a hearing on the assessment of
property within the District which agreement shall include
provisions substantially as follows:
1. The District, acting through the City, agrees to use its
best efforts to sell bonds for the improvements, but
cannot guarantee the sale thereof and will not be
obligated to offer the bonds for sale in contravention of
any laws of the State of Texas. The bonds will be
offered on terms and conditions generally accepted in the
bond market for such type of obligation and at a net
effective interest rate, taking into consideration any
discount or premium, not to exceed one percent above the
highest average interest rate reported by the Daily Bond
Buyer in its weekly "25 Revenue Bond Index" during the
one month preceding the bond sale.
2. Prior to the issuance of bonds, the Property Owners
shall, at their expense, submit to the City a market
study (in a form acceptable to the City), prepared by a
recognized feasibility consultant, illustrating the
demand for and feasibility of the type of development
contemplated within the District.
2
3. No bonds will be issued until the District, acting
through the city, receives the recommendation of its
financial advisor that the sale and amount of each
particular bond issue is feasible and prudent based upon
a number of considerations including, but not limited to,
the overlapping tax rate, number of homes occupied,
assessment collection history, percentage of collections,
assessment concentration and assessed valuation to debt
of at least 10:1.
4. The Property Owners covenant to provide a notice to
anyone that purchases land within the District of its
existence and ability to issue bonds (similar to the
notice given regarding the existence of municipal utility
districts).
5. Each bond issue will fund a reserve fund to the maximum
extent permitted by federal tax law unless determined
unnecessary by the financial advisor.
6. Receipt by the District of a certification or other
evidence from an independent appraiser or other
professional evidencing the special benefit conferred to
the properties being assessed for the improvements.
7. The District is not obligated to consider the issuance of
bonds in an amount less than $1,000,000.
8. No bonds will be issued unless the Property Owners are
current on all taxes, fees and obligations to the
City/District. No additional District bonds will be
issued if any outstanding bonds are in default or reserve
funds have been drawn down and not replenished.
9. All improvements will be constructed in a good and
workmanlike manner in accordance with the City Code,
Texas Natural Resource Conservation Commission and all
other applicable regulatory agencies.
3
Exhibit C
Behrens Ranch
Public Improvement District
Estimated Cold Summary'
Wyoming Springs Drive - (4 lane arterial collector with a center median and sidewalks)
Street Improvements - earthwork, concrete and paving
Subtotal Cost= S1.700,000.00
Erosion & Sedimentation - Worm water pollution prevention
Subtotal Cost= 580,000.00
Waterline Improvements -1? water loop connecting existing 30" city water main
Subtotal Cost= 5260,000.00
Storrnwater Improvements - subsurface dra e i
snag mprwements to handle flows from roadway
Subtotal Cost= 5538,000.00
Wyoming Springs Drive Total= 12,553,000.00
Central Drainage Channel - (240' wide drainage channel collecting a 5 sq. mi. basin upstream)
stormwater improvements - excavation of 180` wide flat botton channel with 3:1 side slopes
Subtotal Cost= *1,550,000.00
Waste Water Improvements - cap existing 24! city wastewater transmission main
Subtotal Cost=
Erosion & Sedimentation - strorm water pollution prevention
Subtotal Cost=
6165.000.00
571,000.00
Channel Total= ;1,736,000.00
Professional Services and Fees - (costs relatedto the design, approvals and acceptance of construction)
Construction Administration - $217,200.00
Engineering
$347,520.00
r,
1
Exhibit C
Behrens Ranch
Public Improvement District
Estimated Cost Summary •
Construction Staking $21.000.00
Geotechnical Investigation $5,000.00
Review and Inspection Fees $63.160.00
Bond issuance. Reserve Fund, Administrative $1,000,120.00
and Related Financing Costs
Total* $6,000,000.00
• - All costs are estimates only and may be reallocated as determined by thy district as necessary.
2
EXHIBIT "D"
METHOD OF ASSESSMENT
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 an improvement
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 shall
be as follows:
Class A Assessment
Platted lots with
certificates of occupancy
issued by the City $2,860.00 per acre
Class B Assessment
Platted lots $567.20 per acre
Class C Assessment
Unplatted lots $45.38 per acre
Class D Assessment
Golf course and club facilities $38.57 per acre
1
Date: April 21, 2000
Subject: City Council Meeting - April 27, 2000
Item: 12.E.1. Consider a resolution making findings as to the feasibility and
desirability of an improvement district to be known as the Behrens
Ranch Public Improvement District; making findings as to the
advisability, nature, and estimated costs of the proposed
improvements and the method of assessment within the boundaries
of the District; authorizing the District as a Public Improvement
District pursuant to Chapter 372, Subchapter B, of the Local
Government Code; accepting an advisory board report; making
provisions related thereto and declaring an effective date;
providing for a savings clause and repealing conflicting
ordinances or resolutions. Staff Resource Person: Joe Vining,
Planning Director.
Behrens Ranch
Public Improvement District Number 1