PUBLIC NOTICE: CITY OF FERRIS, TEXAS RESOLUTION NO. R-21-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS AUTHORIZING AND CREATING THE WOODSTONE PUBLIC IMPROVEMENT DISTRICT NO. 2
Publish one time in The Ellis County Press on Thursday, Sept. 9, 2021.
Notice is hereby given that the following resolution was adopted by the City of Ferris City Council at their regular meeting held on May 17, 2021.
CITY OF FERRIS, TEXAS RESOLUTION NO. R-21-307
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS AUTHORIZING AND CREATING THE WOODSTONE PUBLIC IMPROVEMENT DISTRICT NO. 2
IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ferris, Texas (the “City”), is authorized under Chapter 372 of the Texas Local Government Code, as amended (the “Act”), to create a public improvement district within its City limits; and
WHEREAS, on March 15, 2021, Woodstone Development, Ltd. (the “Petitioner”), which is (1) the owner of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located, and (2) the record owner of real property liable for assessment under the proposal who: (A) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal, within the corporate limits of the City, submitted and filed with the City Secretary of the City (the “City Secretary”) a petition (“Petition”) requesting the establishment of a public improvement district for property within the ETJ of the City; and
WHEREAS, the Petition requested the creation of the Woodstone Public Improvement District No. 2 (the “District”), which District is located within the corporate limits of the City and more particularly described by metes and bounds and depicted in Exhibit A (the “Property”) each attached hereto and incorporated herein for all purposes; and
WHEREAS, the City Council of the City (the “City Council”) has investigated and determined that the facts contained in the Petition are true and correct; and
WHEREAS, after publishing notice in a newspaper of general circulation in the City and mailing notice of the hearing, all as required by and in conformity with the Act, the City Council conducted a public hearing on the advisability of the improvements and services on May 3, 2021, which hearing was continued to May 17, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS, THAT:
Section 1. The findings set forth in the recitals of this Resolution are found to be true and correct.
Section 2. The Petition submitted to the City by the Petitioner was filed with the City Secretary and complies with Section 372.005 of the Act.
Section 3. Pursuant to the requirements of the Act, including, without limitation, Sections 372.006, 372.009(a), and 372.009(b), the City Council, after considering the Petition and the evidence and testimony presented at the public hearing on May 17, 2021, hereby finds and declares:
Advisability of the Proposed Improvements.
It is advisable to create the District to provide the Authorized Improvements (as described below). The Authorized Improvements are feasible and desirable and will promote the interests of the City and will confer a special benefit on the Property.
General Nature of the Authorized Improvements.
The general nature of the proposed public improvements (collectively, the “Authorized Improvements”) may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the District; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (v) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property.
Estimated Costs of the Authorized Improvements and Apportionment of Costs.
The estimated total costs of the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District, is $11,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District.
The developer of the Property (the “Developer”) will be obligated for the costs of certain specified Authorized Improvements within the District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on real property within the District, and possible tax increment reinvestment zone revenue, if created.
The City and the Developer may be reimbursed for the costs of certain specified Authorized Improvements from assessments levied within the District. No municipal property in the District shall be assessed. The Developer may also pay certain costs of the Authorized Improvements from other funds available to the Developer.
Boundaries of the District.
The District is proposed to include approximately 64.176 acres of land generally located east of Interstate 45, and north of Wolf Springs Road, located within the corporate limits of the City, as more properly described by metes and bounds and depicted in Exhibit A attached hereto.
Proposed Method of Assessment.
The City shall levy an assessment on each parcel of the Property within the District in a manner that results in imposing equal shares of the costs on property similarly benefited.
All assessments, including interest, may be paid in full at any time, and certain assessments may be paid in annual installments, with interest. If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessments, and must continue for a period necessary to retire the indebtedness for those Authorized Improvements (including interest).
Management of the District.
The District shall be managed by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District.
Advisory Board.
The District shall be managed without the creation of an advisory body.
Section 4. The Woodstone Public Improvement District No. 2 is hereby authorized and created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the Authorized Improvements contained in this Resolution, the nature and the estimated costs of the Authorized Improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein; and the conclusion that the District is needed to fund such Authorized Improvements.
Section 5. The City Secretary is hereby authorized and directed to give notice of this Resolution authorizing the District by publishing such notice once in a newspaper of general circulation in the City. Effective upon the publication of such notice, such authorization shall take effect and the District shall be established.
Section 6. This Resolution shall take effect immediately from and after its passage and publication as required by law.
DULY RESOLVED, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Ferris, Texas, on this the 17th DAY OF May, 2021.
EXHIBIT A
Metes and Bounds Property Description.
BEING a tract of land situated in the MASON PHELPS SURVEY, ABSTRACT NO. 824, Ellis County, Texas, and being part of ROADWAY ADDITION, an Addition to the City of Ferris, Ellis County, Texas, according to the Plat of record filed in Cabinet C, Page 22, Plat Records, Ellis County, Texas, and conveyed in Deed to So. Creek Ranch I, LTD., according to the document of record filed in Document Number 1702597, Deed Records, Ellis County, Texas, and being part of that tract of land conveyed in Deed to Woodstone Development LTD., (f.k.a. SCR Development LTD.), according to the document of record filed in Document Number 1906423, Official Public Records, Ellis County, Texas, and being more particularly described as follows:
COMMENCING at a 3/8” iron rod found in the east line of the Northbound Service Road of Interstate Highway 45, a variable width right-of-way, for the common northwest corner of said ROADWAY ADDITION and the southwest corner of that tract of land described as Tract 12A as conveyed in Deed to So. Creek Ranch I, LTD., (f.k.a. Whitefish I, LTD.), according to the document of record filed in Volume 1891, Page 1336, Deed Records, Ellis County, Texas;
THENCE S 00° 27’ 49” W, with the common east line of said Northbound Service Road of Interstate Highway 45 and the west line of said ROADWAY ADDITION, a distance of 20.26 feet to a 1/2” iron rod set for the POINT OF BEGINNING of the tract of land described herein;
THENCE Leaving said common line, over and across said ROADWAY ADDITION and said Woodstone Development LTD. tract, the following courses and distances:
S 58° 28’ 18” E, a distance of 277.45 feet to a 1/2” iron rod set at the beginning of a curve to the right having a central angle of 09° 39’ 31”, a radius of 1,045.00 feet and a chord bearing and distance of S 74° 29’ 33” E, 175.95 feet;
With said curve to the right, an arc distance of 176.16 feet to a 1/2” iron rod set at the beginning of a reverse curve to the left having a central angle of 17° 19’ 07”, a radius of 1,055.00 feet and a chord bearing and distance of S 78° 19’ 21” E, 317.68 feet;
With said curve to the left, an arc distance of 318.89 feet to a 1/2” iron rod set;
S 86° 58’ 54” E, a distance of 290.07 feet to a 1/2” iron rod set at the beginning of a curve to the left having a central angle of 44° 56’ 10”, a radius of 89.50 feet and a chord bearing and distance of N 70° 33’ 01” E, 68.41 feet;
With said curve to the left, an arc distance of 70.19 feet to a 1/2” iron rod set at the beginning of a reverse curve to the right having a central angle of 197° 02’ 55”, a radius of 100.50 feet and a chord bearing and distance of S 33° 23’ 36” E, 198.78 feet;
With said curve to the right, an arc distance of 345.63 feet to a 1/2” iron rod set at the beginning of a reverse curve to the left having a central angle of 02° 00’ 09”, a radius of 49.50 feet and a chord bearing and distance of S 64° 07’ 47” W, 1.73 feet;
With said curve to the left, an arc distance of 1.73 feet to a 1/2” iron rod set;
S 86° 58’ 54” E, a distance of 820.99 feet to a 1/2” iron rod set; S 80° 22’ 20” E, a distance of 49.98 feet to a 1/2” iron rod set at the beginning of a non-tangent curve to the right having a central angle of 02° 47’ 43”, a radius of 525.00 feet and a chord bearing and distance of S 11° 02’ 14” W, 25.61 feet;
With said curve to the right, an arc distance of 25.61 feet to a 1/2” iron rod set;
S 79° 12’ 36” E, a distance of 109.84 feet to a 1/2” iron rod set in the common east line of said Woodstone Development LTD. and the west line of that tract of land described as Tract 19 as conveyed in the Deed to the above mentioned So. Creek Ranch I, LTD., (Volume 1891, Page 1336);
THENCE S 10° 29’ 59” W, with the east line of said Woodstone Development LTD. tract, passing at a distance of 141.38 feet, a point for the common most southerly southwest corner of said Tract 19 and the northwest corner of that tract of land conveyed in Deed to Elizabeth Ann Hester, according to the document of record filed in Document Number 17016078, Deed Records, Ellis County, Texas, from which a 5/8” iron rod found bears S 81° 28’ 19” E, 7.60 feet, and continuing in all for a total distance of 1,585.03 feet to a 1/2” iron rod set for the common southeast corner of said Woodstone Development LTD. tract and the most westerly northwest corner of that tract of land conveyed in Deed to Billy Van James, according to the document of record filed in Volume 1591, Page 490, Deed Records, Ellis County, Texas, from which a 1/2” iron rod with a yellow plastic cap stamped “HENNESSEY 3740” found in the west line of said Billy Van James tract, for the northeast corner of Lot 1, Block B, SOUTH MEADOW ADDITION, an Addition to the City of Ferris, Ellis County, Texas, according to the Plat of record filed in Cabinet F, Slide 120, Deed Records, Ellis County, Texas, bears S 10° 18’ 20” W, 32.76 feet;
THENCE N 86° 58’ 54” W, with the south line of said Woodstone Development LTD. tract, a distance of 934.17 feet to a Mag Nail set in the east line of a 20’ alley, dedicated by the Revised Plat of CRESTVIEW ADDITION, an Addition to the City of Ferris, Ellis County, Texas, according to the Plat of record filed in Cabinet A, Slide 631, Plat Records, Ellis County, Texas, for the common most southerly southwest corner of said Woodstone Development LTD. tract and the northwest corner of that tract of land conveyed in Deed to Lee Lungino and wife, Billinda Lungino, according to the document of record filed in Volume 708, Page 942, Deed Records, Ellis County, Texas;
THENCE N 07° 18’ 42” E, with the common west line of said Woodstone Development LTD. tract and the east line of said 20’ alley, a distance of 826.42 feet to a 1/2” iron rod set for an interior ell corner of said Woodstone Development LTD. tract;
THENCE N 83° 25’ 16” W, a distance of 149.94 feet to a 1/2” iron rod found for an interior ell corner of said Woodstone Development LTD. tract;
THENCE S 85° 58’ 03” W, a distance of 50.94 feet to a 1/2” iron rod found for an interior ell corner of said Woodstone Development LTD. tract;
THENCE S 07° 01’ 05” W, with the west line of Red Bud Drive, a 50’ right-of-way, a distance of 36.12 feet to a 1/2” iron rod set for the for the northeast corner of Lot 2R, Block 5, W.R. ADDITION, an Addition to the City of Ferris, Ellis County, Texas, according to the Plat of record filed in Cabinet H, Slide 379, Plat Records, Ellis County, Texas;
THENCE Leaving the west line of said Red Bud Drive, and with a common south line of said Woodstone Development LTD. tract and the north line of said W.R. ADDITION, the following courses and distances:
N 84° 22’ 35” W, a distance of 125.86 feet to a 1/2” iron rod set for the northwest corner of said Lot 2R;
S 04° 08’ 51” W, a distance of 53.24 feet to a 1/2” iron rod set for the northeast corner of Lot 4R, Block 5 of said Addition;
S 76° 23’ 45” W, a distance of 129.99 feet to a 5/8” iron rod with yellow cap stamped “DC&A” found for the common corner of said Lot 4R and Lot 5R, Block 5 of said Addition;
S 76° 23’ 45” W, a distance of 84.54 feet to a 5/8” iron rod with yellow cap stamped “DC&A” found for the common corner of said Lot 5R and Lot 6R of said Addition;
S 85° 08’ 37” W, a distance of 107.87 feet to a 1/2” iron rod set for an interior ell corner of said Lot 6R;
N 80° 38’ 53” W, passing at a distance of 11.80 feet a 5/8” iron rod with yellow cap stamped “DC&A” found for the common corner of said Lot 6R and Lot 8R of said Addition, and continuing in all for a total distance of 119.66 to a 1/2” inch iron rod set;
S 31° 36’ 17” W, a distance of 101.18 feet to a 1/2” iron rod set at the beginning of a non-tangent curve to the left having a central angle of 02° 02’ 51”, a radius of 225.00 feet and a chord bearing and distance of S 38° 58’ 04” E, 8.04 feet;
With said curve to the right, an arc distance of 8.04 feet to a 1/2” iron rod found;
S 13° 50’ 14” W, a distance of 59.18 feet to a 1/2” iron rod set for the common most northerly northeast corner of Lot 10R, Block 5 of said Addition and the north corner of Lot 5, Block B, Revised Map of SOUTHERN HILLS ADDITION, an Addition to the City of Ferris, Ellis County, Texas, according to the Plat of recorded filed in Cabinet A, Slide 349, Plat Records, Ellis County, Texas, and being at the beginning of a non-tangent curve to the right having a central angle of 05° 30’ 17”, a radius of 275.00 feet and a chord bearing and distance of N 44° 32’ 10” W, 26.41 feet;
THENCE With a common south line of said Woodstone Development, LTD. tract and the north line of said Lot 10R, the following courses and distances:
With said curve to the right, an arc distance of 26.42 feet to a 1/2” iron rod set;
S 31° 36’ 17” W, a distance of 24.55 feet to a 1/2” iron rod set;
N 88° 23’ 06” W, a distance of 185.71 feet to a 1/2” iron rod set in the west line of the above mentioned Northbound Service Road of Interstate Highway 45, for the common most westerly southwest corner of said Woodstone Development LTD. tract and the northwest corner of said Lot 10R;
THENCE N 00° 27’ 49” E, with the common west line of said Woodstone Development LTD. tract and the east line of said Northbound Service Road of Interstate Highway 45, a distance of 1,028.01 feet to a 1/2” iron rod set for the southwest corner of that tract of land conveyed in Deed to City of Ferris, according to the document of record filed in Volume 857, Page 744, Deed Records, Ellis County, Texas;
THENCE N 78° 24’ 45” E, with the south line of said City of Ferris tract, a distance of 125.01 feet to a 1/2” iron rod set for the southwest corner of said City of Ferris Tract;
THENCE N 00° 27’ 49” E, with the east line of said City of Ferris tract, a distance of 125.00 feet to a 1/2” iron rod set for the northwest corner of said City of Ferris Tract;
THENCE S 78° 25’ 47” W, with the north line of said City of Ferris tract, a distance of 125.00 feet to a 1/2” iron set in the east line of said Northbound Service Road of Interstate Highway 45, for the northeast corner of said City of Ferris tract;
THENCE N 00° 27’ 49” E, with the east line of said Northbound Service Road of Interstate Highway 45, a distance of 299.44 feet to the POINT OF BEGINNING, and containing 64.176 acres of land, more or less.