HomeMy WebLinkAboutResolution No. 2015-066 CITY OF THE COLONY,TEXAS
RESOLUTION NO.2015- 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ACCEPTING A PRELIMINARY SERVICE AND
ASSESSMENT PLAN FOR THE CITY OF THE COLONY PUBLIC
IMPROVEMENT DISTRICT NO. 1, INCLUDING A DETERMINATION
OF COST, A SERVICE PLAN, AN ASSESSMENT PLAN, AND AN
ASSESSMENT ROLL; ORDERING A PUBLIC HEARING FOR
TUESDAY, SEPTEMBER 1, 2015, TO CONSIDER AN ORDINANCE
LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES WITHIN
THE CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO.
1 THAT ARE SPECIALLY BENEFITED BY THE PUBLIC
IMPROVEMENTS AND SUPPLEMENTAL SERVICES BEING
PROVIDED FOR FISCAL YEAR 2015-2016; AUTHORIZING AND
DIRECTING THE PUBLICATION AND MAILING OF NOTICES FOR
SAID PUBLIC HEARING; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code authorize the City of The
Colony, Texas,to create a public improvement district within the City of The Colony, Texas; and
WHEREAS, on Monday, September 17, 2012, there was presented to the City of The
Colony, Texas (hereinafter referred to as the"City") a petition seeking the authorization to establish
a public improvement district (hereinafter referred to as the "District") within the City pursuant to
Chapter 372 of the Texas Local Government Code,as amended; and
WHEREAS, on Tuesday, September 18, 2012, the City Council for the City approved
Resolution No. 2012-067, ordering a public hearing for October 8, 2012, to consider a resolution
creating the District; and
WHEREAS, on Tuesday, October 8, 2012, the City Council for the City approved
Resolution No. 2012-073, creating the City of The Colony Public Improvement District No. 1; and
WHEREAS,on Tuesday,August 18,2015,the City Council proposes to accept the City of
The Colony Public Improvement District No. 1, Preliminary 2015-2016 Annual Service and
Assessment Plan, dated August 13, 2015, for properties within the District, including (i) a
determination of the cost of the public improvements and supplemental services being provided for
the special benefit of the District; (ii) a service plan; (iii) an assessment plan; and (iv) an assessment
roll (collectively,the "Preliminary 2015-2016 Annual SAP"),which Preliminary 2015-2016 Annual
SAP is attached hereto as Exhibit A; and
WHEREAS,the City Council proposes a public hearing for Tuesday, September 1, 2015,
to consider an ordinance levying assessments against the Property to pay for the public
improvements identified in the Preliminary 2015-2016 Annual SAP that will confer a special
benefit on the Property and authorizes and directs the City Secretary to publish and mail notices of
said public hearing in accordance with the Act.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY,TEXAS,THAT:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby accept
the Preliminary 2015-2016 Annual Service and Assessment Plan for the District and proposed
assessment roll for the City of The Colony Public Improvement District No. 1, a copy of which is
attached hereto as Exhibit A, and is incorporated for all purposes.
SECTION 3. That the City Council of the City of The Colony, Texas,does hereby order a
public hearing to be held on Tuesday,September 1,2015 at 6:30 p.m., at City Hall,located at 6800
Main Street, The Colony, Texas, for the purpose of hearing public testimony concerning the levy of
special assessments in the aggregate amount of $1,899,026.00 against the property within the
District to pay for public improvements and enhanced services that will confer a special benefit on
the properties located within the City of The Colony Public Improvement District No. 1.
SECTION 4. At such time and place the City Council will hear testimony regarding the
adoption of an ordinance levying special assessments against the properties in accordance with
section 372.017 of the Act.
SECTION 5. That the City Secretary is hereby authorized and directed to cause said
notices of the public hearing to be published in substantially the form as attached hereto as Exhibit
B, in a newspaper of general circulation in the City consistent with Section 372.016(b) of the Texas
Local Government Code. In addition, the City Secretary is hereby authorized and directed to cause
said notices to be mailed to affected landowners within the boundaries of the proposed District
consistent with Section 372.016(c) of the Texas Local Government Code.
SECTION 6. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declares it would have passed such
remaining portions of this Resolution despite such invalidity, which remaining portions shall remain
in full force and effect.
SECTION 7. This Resolution shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS,THIS 18th day of AUGUST,2015.
J e McCou Mayor
ATTEST:
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Christie Wilson,City Secretary
APPROVED AS TO FORM:
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eff Moore, ity Attorney
Exhibit A
City of The Colony Public Improvement District No. 1,
Preliminary 2015-2016 Annual Service and Assessment Plan
Exhibit B
Form of Published Notice
NOTICE OF PUBLIC HEARING ON ASSESSMENT ORDINANCE
CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1
DATE, TIME AND PLACE OF THE PUBLIC HEARING. Notice is hereby given that the City
Council of the City of The Colony, Texas (the "City Council" and the "City"), will
conduct a public hearing: (i) on Tuesday, September 1, 2015, at 6:30 p.m. at City
Hall, located at 6800 Main Street, The Colony, Texas, (ii) for the purpose of
considering an ordinance that will levy special assessments against property within
the City of The Colony Public Improvement District No. 1 (the "District") for fiscal
year 2015-2016.
GENERAL NATURE OF THE IMPROVEMENTS. The general nature of the public
improvements being undertaken and financed by the District for the special benefit
of the property within the District consist of the following: (1) enhanced police
services; (2) enhanced development services; (3) traffic management services; (4)
traffic management system maintenance and landscaping services; (5) electric and
water utility services; (6) enhanced traffic and sign maintenance; and (7) enhanced
street maintenance and lighting.
COST OF THE IMPROVEMENTS. The estimated cost of the public improvements that is
proposed to be assessed against the properties within the District for fiscal year
2015-2016 is $1,899,026.00.
BOUNDARIES OF THE ASSESSMENT DISTRICT. The District is approximately 439.20
contiguous acres within the corporate limits of the City south of and adjacent to the
Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway,
and west of the Burlington Northern Railroad.
PUBLIC HEARING COMMENTS. Written or oral objections on the proposed assessment
within the District shall be considered by the City Council at the public hearing.
Preliminary
City of The Colony Public Improvement District No. 1
2015/2016 Annual Service and Assessment Plan
August 13, 2015
The Colony Public Improvement District No.I Service and Assessment Plan
SECTION 1
INTRODUCTION
Capitalized terms used in this "City of The Colony Public Improvement District No. 1 Service
and Assessment Plan" (this "Service and Assessment Plan") shall have the meanings set forth in
Section 2. Unless otherwise defined, all references to "Section" mean a section of this Service
and Assessment Plan, and all references to "Exhibit" mean an exhibit to this Service and
Assessment Plan.
1.1 On October 8, 2012, the City Council of the City of The Colony, Texas (the "City
Council" and the "City") passed and approved Resolution No. 2012-073 creating The Colony
Public Improvement District No. 1 (the "District") pursuant to Chapter 372, Texas Local
Government Code, as amended (the "Act"). The District includes within its boundaries
approximately 439.12 contiguous acres located within the corporate limits of the City south of
and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano
Parkway, and west of Spring Creek Parkway, which property is described by metes and bounds
on Exhibit A and depicted on Exhibit A-1 (the "Property").
1.2 Portions of the Property are currently undeveloped, while other portions are under
development or fully developed. The portion of the Property described as Grandscape Addition
Lot 1/Block A consisting of 81.99 acres and identified as Denton Central Appraisal District
("Denton CAD") Tax Parcel No. 657618, and the portion of the Property described as
Grandscape Additional Lot 2/Block A consisting of 25.48 acres and identified by Denton CAD
Tax Parcel No. 657619 (collectively, the "Facility Property") is developed with a mixed-use
facility which includes approximately 1,280,000 square feet for warehouse and distribution uses,
approximately 25,000 square feet for a regional corporate headquarters, approximately 546,000
square feet for retail sales to the general public and surface and structured parking (collectively,
the "Facility"). The portion of the property described as Grandscape Addition, Phase II, Lot
2/Block D consisting of approximately 16.815 acres and identified as Denton CAD Tax Parcels
Nos. 659316, 659317, and 659318 (the "Boardwalk Property") will be developed with a
boardwalk and related amenities (the "Boardwalk"). Portions of the Property will be developed
with additional mixed-use facilities including, but not limited to, entertainment, tourism,
recreation, and convention facilities that will attract tourists, visitors, and shoppers from a wide
geographic region, and hotels, retail stores, concessions, restaurants, and other facilities related
to the entertainment, tourism, recreation, and convention uses (collectively, the "Related
Development"). The portions of the Related Development currently under development include
the following: the portion of the Property described as (1) Grandscape Addition, Phase II, Lot
6/Block A consisting of 2.105 acres and identified as Denton CAD Tax Parcel No. 649990; (2)
Grandscape Addition, Phase II, Lot 7/Block A consisting of 2.248 acres and identified as Denton
CAD Tax Parcel No. 649991; (3) Grandscape Addition, Phase II, Lot 8/Block A consisting of
2.944 acres and identified as Denton CAD Tax Parcel No. 653843; (4) Grandscape Addition,
Phase II, Lot 9/Block A consisting of 2.683 acres and identified as Denton CAD Tax Parcel No.
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653844; (5) Grandscape Addition Phase II, Lot 2/Block B consisting of 1.949 acres and
identified as Denton CAD Tax Parcel No. 655036; (6) Grandscape Addition Phase II, Lot
1/Block B consisting of 3.693 acres and identified as Denton CAD Tax Parcel No. 655035; (7) a
portion of Grandscape Addition Phase II, Lot 1/Block J consisting of 3.135 acres and identified
as a portion of Denton DCAD Property ID No. 178724 (Tax Parcel No. not yet assigned)
(collectively 1.2(1)-(7) are,the "Related Development Property"). Other portions of the Property
will be developed with public improvements required to serve the Facility (the "Facility Public
Improvements"); public improvements required to serve the Boardwalk (the "Boardwalk Public
Improvements"); and public improvements required to serve the Related Development (the
"Related Development Public Improvements", and referred to collectively with the Facility
Public Improvements and the Boardwalk Public Improvements as the "Public Improvements").
1.3 The Public Improvements, and portions of the Property on which the Public
Improvements are constructed, will remain owned by the City.
1.4 It is contemplated that the Public Improvements will be constructed by or on behalf of the
City using, in part, Assessment Revenue.
1.5 Assessment Revenue from any Assessment against all or any portion of the Property will
be collected in lump sum with 30 days of the levy of the assessment and deposited into a
segregated operating account (the "PID Operating Account for Annual Assessments") created
and controlled by the City. Interest earned on the PID Operating Account for Annual
Assessments shall be added to and become part of the PID Operating Account for Annual
Assessments. The PID Operating Account created pursuant to Ordinance No. 2013-1992 shall
be renamed "PID Operating Account for Pledged Revenues." All Assessment Revenue from any
Assessment levied pursuant to Ordinance No. 2013-1992 shall be deposited into the PID
Operating Account for Pledged Revenues and transferred from that account, if at all, consistent
with the requirements of Ordinance No. 2013-1992. All Assessment Revenue from any
Assessment levied on an annual basis shall be deposited into the PID Operating Account for
Annual Assessments and used solely for the purposes determined by the City Council at the time
the Assessments are levied.
1.6 The Facility Public Improvements fall into the following categories: (1) traffic
management system; (2) enhanced police services; (3) enhanced development services; (4) street
and roadway improvements, including pavement repair and striping, maintenance of street
lighting, installation and maintenance of traffic signalization and signage, and maintenance of
landscaping within public rights-of-way; (5) water well operation and maintenance; and (6)pond
maintenance. The Boardwalk Public Improvements fall into the following categories: (1)
enhanced development services; (2) street and roadway improvements, including pavement
repair and striping, maintenance of street lighting, installation and maintenance of traffic
signalization and signage, and maintenance of landscaping within public rights-of-way; (3)
water well operation and maintenance; and(4)pond maintenance. The Related Development
Public Improvements fall into the following categories: (1) enhanced development services; (2)
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street and roadway improvements, including pavement repair and striping, maintenance of street
lighting, installation and maintenance of traffic signalization and signage, and maintenance of
landscaping within public rights-of-way; (3) water well operation and maintenance; and
(4)pond maintenance. The Public Improvements are more particularly described in the report
titled PUBLIC IMPROVEMENTS REPORT, The City of The Colony Public Improvement
District No. 1, The Colony, Texas, dated August 13, 2015, prepared by Assistant City Manager
Tod Maurina(the "Official Report"), a copy of which report is attached as Exhibit B.
1.7 The costs for the Public Improvements are estimated in the Official Report. The total
cost of the Facility Public Improvements is estimated to be $1,502,609.02 (the "Facility Public
Improvements Cost") as shown on Exhibit B. The total cost of the Boardwalk Public
Improvements is estimated to be $222,957.48 (the "Boardwalk Public Improvements Cost") as
shown on Exhibit B. The total cost of the Related Development Public Improvements is
estimated to be $173,459.50 (the "Related Development Public Improvements Cost") as shown
on Exhibit B. The individual line item costs shown in the Official Report and on Exhibit B for
each category of improvements are estimates and may vary item-to-item so long as the cost of all
Public Improvements do not exceed $1,899,026.00. The Facility Public Improvements Cost, the
Boardwalk Public Improvement Cost and the Related Development Public Improvements Cost
are sometime referred to collectively as the "Public Improvements Cost."
1.8 The Act governs the process by which the Public Improvements Cost is allocated to and
assessed against the Property. This process requires the preparation of an ongoing service plan
(a "Service Plan"), an assessment plan (an "Assessment Plan"), and an assessment roll (an
"Assessment Roll").
1.9 The Act requires the preparation, and the presentment to and review and approval by the
City Council, of a Service Plan covering a period of at least five years and defining the annual
indebtedness and projected costs of the Public Improvements. The Service Plan must be
reviewed and updated at least annually to determine the annual budget for the Public
Improvements. The Service Plan is contained in Section 3.
1.10 The Act requires the Service Plan to include an Assessment Plan. The Assessment Plan
assesses the Public Improvements Cost against the Property on the basis of the special benefits
conferred upon the Property by the Public Improvements. The Public Improvements Cost may
be assessed in any manner that results in imposing equal shares of the cost on Parcels similarly
benefited. The special benefit of the Public Improvements is being apportioned by this Service
and Assessment Plan to the Property in the amount of the Public Improvements Cost. The
Assessment Plan is contained in Section 4.
1.11 The Act requires the preparation of an Assessment Roll after the total Public
Improvements Cost has been determined. The Assessment Roll must state the assessment
against each Parcel determined by the method of assessment chosen by the City Council in the
Assessment Plan. The assessment against a Parcel must be sufficient to pay the share of the
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Public Improvements Cost allocated to the Parcel and cannot exceed the special benefit
conferred upon the Parcel. The Assessment Roll is contained in Section 5.
SECTION 2
DEFINITIONS
"Act" is defined in Section 1.1
"Administrator" means any person or entity designated by the City Council to perform the
obligations of the Administrator under this Service and Assessment Plan.
"Assessment" means, for a Parcel, the portion of the Public Improvements Cost allocated to and
assessed against the Parcel based on the special benefit conferred on the Parcel by the Public
Improvements.
"Assessment Plan" is defined in Section 1.8.
"Assessment Roll" is defined in Section 1.8.
"Assessment Revenue" means the revenues received by the City from the payment of
Assessments.
"Boardwalk" is defined in Section 1.2.
"Boardwalk Property" is defined in Section 1.2.
"Boardwalk Public Improvements" are defined in Section 1.2.
"Boardwalk Public Improvements Cost" is defined in Section 1.7.
"City" is defined in Section 1.1.
"City Council" is defined in Section 1.1.
"Denton CAD" is defined in Section 1.2.
"District" is defined in Section 1.1.
""Facility" is defined in Section 1.2.
"Facility Property" is defined in Section 1.2.
"Facility Public Improvements are defined in Section 1.2.
"Facility Public Improvements Cost" is defined in Section 1.7.
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"Official Report" is defined in Section 1.6.
"Parcel" means a parcel or tract of land within the District that is identified by (i) a metes and
bounds description, (ii) a tax map identification number assigned by Denton CAD for real
property tax purposes, or (iii) a lot and block number shown on a final subdivision plat recorded
in the real property records of Denton County, Texas.
"PID Operating Account for Pledged Revenues" is defined in Section 1.5.
"PID Operating Account for Annual Assessments" is defined in Section 1.5.
"Property" is defined in Section 1.1.
"Public Improvements" are defined in Section 1.2.
"Public Improvements Cost" is defined in Section 1.7.
"Related Development" is defined in Section 1.2.
"Related Development Property" is defined in Section 1.2.
"Related Development Public Improvements" are defined in Section 1.2.
"Related Development Public Improvements Cost" is defined in Section 1.7.
"Service and Assessment Plan" means this City of The Colony Public Improvement District
No. 1, Service and Assessment Plan, dated February 7, 2013, as amended and updated, and this
Annual Service and Assessment Plan.
"Service Plan" is defined in Section 1.8.
"Service Plan Update" is defined in Section 3.1.
"Special Benefits Report" is defined in Section 4.3.
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SECTION 3
SERVICE PLAN
3.1 This Section 3 is the Service Plan for the District. This Service Plan covers a period of at
least five years beginning with calendar year 2015 and defines the projected cost and annual
indebtedness for the Public Improvements. The Service Plan shall be reviewed and updated at
least annually for the purpose of determining the annual budget for the Public Improvements
(each such update, a "Service Plan Update").
3.2 The projected Public Improvements Cost is $1,899,026.00, and for the next five years
such cost is allocated as shown on Exhibit C.
3.3 The principal amount of any Assessment may be reduced but not increased.
SECTION 4
ASSESSMENT PLAN
4.1 Method of Assessment. This Section 4 is the Assessment Plan for the District. This
Assessment Plan assesses the Public Improvements Cost against the Property on the basis of the
special benefits conferred on the Property by the Public Improvements. The Act provides that
the Public Improvements Cost may be assessed equally per front foot or square foot (with or
without regard to the value of improvements constructed on the land)or in any other manner that
results in imposing equal shares of the cost on property similarly benefited.
4.2 Best and Highest Use. Based on: (i) the size and location of the Property within the
corporate limits of the City; (ii) the lack of public infrastructure to serve development of the
Property; (iii) the proximity of the Property to public roadways and water and sewer facilities;
(iv) the proximity of the Property to population and employment centers; (v) the scope and
economic impact of the Facility, the Boardwalk, and the Related Development on the City,
Denton County; and the north Texas region; (vi) existing and projected land uses in the vicinity
of the Property; (vii) projected growth in the greater Dallas metropolitan area and, in particular,
along the State Highway 121 corridor; and (viii) the quality of the proposed development within
the Property,the City Council has determined that: (A)the best and highest use of the Property is
for the development of the Facility, the Boardwalk, and the Related Development; (B) achieving
the best and highest use of the Property requires the Public Improvements; (C) without the Public
Improvements the Property will not be developed to its best and highest use; (D) the
establishment of the District provides an effective means of funding the Public Improvements to
achieve the best and highest use for the Property without financial burden to the City; and (E) the
Public Improvements will promote the interests of the City and confer a special benefit on the
Property.
4.3 Public Improvements Cost. The City Council has received, reviewed, and approved that
certain SPECIAL BENEFITS REPORT, The City of The Colony Public Improvement District No.
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1, The Colony, Texas dated August 13, 2015, prepared by Assistant City Manager Tod Maurina,
a copy of which is attached as Exhibit D (the "Special Benefits Report"). The individual line
item costs shown in the Special Benefits Report and on Exhibit D-1 for each category of
improvements are estimates and may vary item-to-item so long as the Public Improvements Cost
does not exceed $1,899,026.00.
4.4 Adjustment of Assessments. The Assessments described in this Article IV are based on
estimates of the Public Improvements Cost as set forth in the Official Report. If the actual cost
of the Public Improvements is less than the estimates, the Assessments shall be reduced as
determined by the Administrator and approved by the City Council in a Service Plan Update.
4.5 Subdivision; Change to Tax Exempt.
4.5.1 Upon Subdivision. If the Property is subdivided, the Assessment against the
property will be reallocated among the subdivided Parcels on a per-acre basis as
determined by the Administrator and reflected in a Service Plan Update approved by the
City Council after a public hearing for which notice addressed to "Property Owner" has
been mailed, regular mail, to the current address of the owner of the property being
subdivided as reflected on the tax rolls.
4.5.2 Upon Becoming Tax Exempt. If any portion of the Property becomes exempt
from the payment of ad valorem taxes, the owner of such portion shall pay to the City the
unpaid principal amount of the Assessment allocated (on a per-acre basis) to such portion
of the Property.
4.6 Assessment Payments. The Assessment against the Property shall be due and payable to
the City within 30 days of the levy of the Assessment.
4.7 PID Operating Account. Assessment Revenue from the collection of any Assessment
against the Property will be deposited by the City into the PID Operating Account for Annual
Assessments.
4.8 Reduction of Assessment Against the Property. The Assessment against the Property
(and the corresponding assessment lien) shall be reduced by the sum of all amounts by which the
Public Improvement Costs are reduced.
4.9 Security for Payment. All payments due in accordance with this Service and Assessment
Plan shall be treated the same with respect to the liens created to secure payment and the rights
of the City, including foreclosure, in the event of delinquencies. Any foreclosure sale of a Parcel
for nonpayment of any such amounts shall be subject to a continuing lien for the remaining
unpaid amounts in accordance with state law. All assessment liens created pursuant to
Ordinance No. 2013-1992 are superior to any lien created hereby.
4.10 Release of Lien. When an Assessment has been paid in full, the Administrator shall
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notify the City, and the City shall execute a release, in recordable form, evidencing full payment
of the Assessment and the unconditional release of the lien securing payment of the Assessment.
All releases shall be reflected in a Service Plan Update.
4.11 Findings and Determinations. The findings and determinations by the City Council set
forth in this Service and Assessment Plan are based on: (i) the Official Report; (ii) the Special
Benefits Report; (iii) evidence and testimony presented to the City Council; and (iv) information
made available to the City Council. The City Council has relied on the information contained in
the Official Report, Special Benefits Report, evidence, and testimony in the preparation and
approval of this Service and Assessment Plan and the allocation of the Public Improvements
Cost to the Property. Such findings and determinations represent the discretionary exercise by
the City Council of its legislative and governmental authority and power, and such findings and
determinations are conclusive and binding on the current and future owners of the Property.
SECTION 5
ASSESSMENT ROLL
This Section 5 is the Assessment Roll for the District. The Assessment Roll is set forth
on Exhibit E and includes each Parcel against which an assessment should be levied in the
amount shown on Exhibit E which is the portion of the Public Improvements Cost that the City
Council has determined confers a special benefit on the Property.
SECTION 6
ADDITIONAL PROVISIONS
6.1 Severability. The provisions of this Service and Assessment Plan are intended to be
severable. In the event any provision of this Service and Assessment Plan, or the application
thereof to any person or circumstance, is held or determined to be invalid, illegal, or
unenforceable, and if such invalidity, unenforceability, or illegality does not cause substantial
deviation from the underlying intent of the City Council as expressed in this Service and
Assessment Plan,then such provision shall be deemed severed from this Service and Assessment
Plan with respect to such person, entity, or circumstance without invalidating the remainder of
this Service and Assessment Plan or the application of such provision to other persons, entities,
or circumstances.
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6.2 Exhibits. The following exhibits are part of this Service and Assessment Plan:
Exhibit A Legal Description of the Property
Exhibit A-1 Depiction of the Property
Exhibit B Official Report - Public Improvements Cost
Exhibit C Service Plan: Five-Year Projection of Public Improvements Costs
Exhibit D Special Benefits Report
Exhibit D-1 Facility Public Improvements Cost—Special Benefit Analysis
Exhibit E Assessment Roll
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Exhibit A
Legal Description of the Property(439.12 Acres)
Being a 439.12 acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No.
173, B.B.B. & C. Survey, Abstract No. 174, Thomas A. West Survey,Abstract No. 1344, and the
M.D.T. Hallmark Survey, Abstract No. 570, Denton County, Texas, and being all of a tract of
land conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011-
114773, 2011-121444, and 2011-112195, Deed Records, Denton County, Texas, and a portion of
Plano Parkway and a portion of Burlington Northern Railroad tract, and being more particularly
described as follows:
BEGINNING at a found TxDOT monument, said point being the northwest corner of said 121
Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121
(having a variable width R.O.W.);
THENCE North 63°32'06" East, along said south right-of-way line, a distance of 130.52 feet to a
point for corner;
THENCE North 60°22'33" East, continuing along said south right-of-way line, a distance of
80.86 feet to a point for corner;
THENCE South 29°13'03" East, continuing along said south right-of-way line, a distance of
50.00 feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of
219.64 feet to a point for corner, said point being in the west right-of-way line of Plano Parkway
(100 ft R.O.W.);
THENCE North 50°53'35" East, leaving said south right-of-way line, and leaving said west
right-of-way line, a distance of 100.00 feet to a point for corner, for the beginning of a non-
tangent curve to the right having a radius of 950.00 feet and a central angle of 1°26'54" and a
long chord which bears North 38°22'58" West, 24.01 feet, said point being in the east right-of-
way line of said Plano Parkway;
THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc
distance of 24.01 feet to a point for corner, said point being the most southerly point of a corner-
clip of the intersection of said east right-of-way line of Plano Parkway and the south right-of-
way line of said State highway 121;
THENCE North 08°46'31" East, along said corner-clip, a distance of 26.03 feet to a point for
corner, said point being in the south right-of-way line of said State highway 121;
Exhibit A to The Colony SAP—Description of the Property Page 1
Exhibit A
Legal Description of the Property(439.12 Acres)
THENCE North 60°47'38" East, along said south right-of-way line, a distance of 203.71 feet to a
point for corner;
THENCE North 58°17'36" East, continuing along said south right-of-way line, a distance of
252.11 feet to a point for corner;
THENCE North 55°47'40" East, continuing along said south right-of-way line, a distance of
105.11 feet to a point for corner;
THENCE North 58°17'42" East, continuing along said south right-of-way line, a distance of
248.62 feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of
263.85 feet to a point for corner;
THENCE North 76°30'51" East, continuing along said south right-of-way line, a distance of
92.27 feet to a point for corner;
THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of
100.40 feet to a point for corner;
THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of
100.18 feet to a point for corner;
THENCE North 60°16'36" East, continuing along said south right-of-way line, a distance of
39.88 feet to a point for corner;
THENCE South 74°12'01" East, continuing"along said south right-of-way line, a distance of
70.70 feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of
64.12 feet to a point for corner;
THENCE North 15°47'17" East, continuing along said south right-of-way line, a distance of
73.27 feet to a point for corner;
THENCE North 59°04'32" East, continuing along said south right-of-way line, a distance of
94.25 feet to a point for corner;
THENCE North 55°39'04" East, continuing along said south right-of-way line, a distance of
Exhibit A to The Colony SAP—Description of the Property Page 2
Exhibit A
Legal Description of the Property(439.12 Acres)
100.40 feet to a point for corner;
THENCE North 47°37'54" East, continuing along said south right-of-way line, a distance of
114.18 feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of
3800.00 feet to a point for corner;
THENCE North 65°20'10" East, continuing along said south right-of-way line, a distance of
189.41 feet to a point for corner;
THENCE North 61°56'23" East, continuing along said south right-of-way line, a distance of
100.02 feet to a point for corner;
THENCE North 63°39'23" East, continuing along said south right-of-way line, a distance of
100.12 feet to a point for corner;
THENCE North 64°47'53" East, continuing along said south right-of-way line, a distance of
100.24 feet to a point for corner;
THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of
201.00 feet to a point for corner;
THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of
100.40 feet to a point for corner;
THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of
100.50 feet to a point for corner;
THENCE North 63°05'04" East, continuing along said south right-of-way line, a distance of
100.08 feet to a point for corner;
THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of
100.18 feet to a point for corner;
THENCE North 83°05'27" East, continuing along said south right-of-way line, a distance of
69.58 feet to a point for corner;
THENCE North 60°39'18" East, continuing along said south right-of-way line, a distance of
33.81 feet to a point for corner, said point being in the west right-of-way line of Burlington
Exhibit A to The Colony SAP—Description of the Property Page 3
Exhibit A
Legal Description of the Property(439.12 Acres)
Northern Railroad(having a variable width R.O.W.);
THENCE North 60°38'52" East, leaving said west right-of-way line, a distance of 107.30 feet to
a point for corner, said point being in the east right-of-way line of said Burlington Northern
Railroad;
THENCE North 60°45'58" East, leaving said east right-of-way line, continuing along said south
right-of-way line of State Highway 121, a distance of 254.35 feet to a point for corner;
THENCE North 63°19'02" East, continuing along said south right-of-way line, a distance of
585.96 feet to a point for corner;
THENCE North 60°52'09" East, continuing along said south right-of-way line, a distance of
369.37 feet to a point for corner, said point being in the west right-of-way line of West Spring
Creek Parkway(having a 160 ft R.O.W.);
THENCE South 29°24'43" East, leaving said south right-of-way line, and along said west right-
of-way line, a distance of 265.52 feet to a point for corner, for the beginning of a non-tangent
curve to the right having a radius of 970.00 feet and a central angle of 29°13'42", and a long
chord which bears South 14°53'13" East, 489.48 feet;
THENCE continuing along said west right-of-way line, and along said non-tangent curve to the
right an arc distance of 494.83 feet to a point for corner;
THENCE South 00°22'42" East, continuing along said west right-of-way line, a distance of
476.17 feet to a point for corner;
THENCE South 00°23'35" East, continuing along said west right-of-way line, a distance of
864.92 feet to a point for corner, said point being in the north line of Kings Ridge Addition,
Phase Three, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas;
THENCE South 89°40'20" West, leaving said west right-of-way line, and along said north line, a
distance of 1199.93 feet to a point for corner, said point being in the east right-of-way line of
said Burlington Northern Railroad;
THENCE North 87°39'44" West, leaving said north line, leaving said east right-of-way line, a
distance of 101.16 feet to a point for corner, for the beginning of a non-tangent curve to the right
having a radius of 3703.75 feet and a central angle of 3°44'19" and a long chord which bears
South 04°12'25" West, 241.62 feet, said point being in the west right-of-way line of said
Exhibit A to The Colony SAP—Description of the Property Page 4
Exhibit A
Legal Description of the Property(439.12 Acres)
Burlington Northern Railroad;
THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc
distance of 241.67 feet to a point for corner;
THENCE South 06°04'35" West, continuing along said east right-of-way line, a distance of
2524.64 feet to a point for corner;
THENCE North 83°17'00" West, continuing along said east right-of-Way line, a distance of
190.16 feet to a point for corner;
THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of
970.10 feet to a point for corner;
THENCE South 89°03'50" West, continuing along said east right-of-way line, a distance of
31.06 feet to a point for corner;
THENCE South 01°14'37" East, continuing along said east right-of-way line, a distance of
447.78 feet to a point for corner;
THENCE North 87°06'22" West, leaving said east right-of-way line, a distance of 1240.48 feet
to a point for corner, for the beginning of a non-tangent curve to the left having a radius of
1130.00 feet and a central angle of 103°16'58", and a long chord which bears North 38°43'34"
West, 1772.16 feet, said point being in the east right-of-way line of said Plano Parkway;
THENCE along said east right-of-way line, and along said non-tangent curve to the left an arc
distance of 2036.97 feet to a point for corner;
THENCE South 89°38'05" West, continuing along said east right-of-way line, a distance of
647.23 feet to a point for corner, for the beginning of a non-tangent curve to the right having a
radius of 950.00 feet and a central angle of 40°05'36" and a long chord which bears North
70°19'29" West, 651.29 feet;
THENCE continuing along said east right-of-way line, and along said non-tangent curve to the
right an arc distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to
the left having a radius of 1050.00 feet and a central angle of 40°15'06" and a long chord which
bears North 70°25'01" West, 722.57 feet;
THENCE continuing along said east right-of-way line, and along said curve to the left an arc
distance of 737.65 feet to a point for corner;
Exhibit A to The Colony SAP—Description of the Property Page 5
Exhibit A
Legal Description of the Property(439.12 Acres)
THENCE South 89°31'25" West, continuing along said east right-of-way line, a distance of
623.83 feet to a point for corner, for the beginning of a tangent curve to the right having a radius
of 950.00 feet, a central angle of 0°48'07", and a long chord which bears South 89°55'28" West,
13.21 feet;
THENCE continuing along said east right-of-way line, along said curve to the right, an arc
distance of 13.21 feet to a point for corner;
THENCE South 00°19'22" West, leaving said east right-of-way line, a distance of 100.00 feet to
a point for corner, said point being in the west right-of-way line of said Plano Parkway;
THENCE South 89°58'40" West, leaving said west right-of-way line, a distance of 1210.45 feet
to a point for corner;
THENCE North 00°25'18" West, a distance of 226.47 feet to the POINT OF BEGINNING and
CONTAINING 19,128,279 square feet, 439.12 acres of land,more or less.
Exhibit A to The Colony SAP—Description of the Property Page 6
Exhibit A-1
Depiction of the Property
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La., Graham Associates,Inc. EXHIBIT B
CONSULTING ENGINEERS PLANNERS
000sofFIAGSCAE,SUITE000
AALNGI0N,AB S70011(617)010
TBPE FIM.F-1151ASP1S F�Ik 10163600
DRAWN BY: DATE: SEPTEMBER 2012
Exhibit A-I to The Colony SAP-Depiction of the Property
Page 1
Exhibit B
Official Report
PUBLIC IMPROVEMENTS REPORT
The City of The Colony Public Improvement District No. 1
The Colony, Texas
PREPARED BY:
Tod Maurina,Assistant City Manager
DATED: August 13, 2015
Exhibit B to The Colony SAP—Official Report
Page 1
Exhibit B
Official Report- Public Improvements Cost
C
Related
Public Improvements Facility Boardwalk Development
Traffic management system $45,000.00 $0 $0 " e
Enhanced police services Yg
$487,766.20 $74,528.79 $85,131.02 •,, Q ;�,,-9
Enhanced development services $322,150.83 $49,223.40 $56,225.77 ;4
Street and roadway $643,608.11 $80,005.29 $31,386.59 75 ,t 1 �?
improvements
Water well operation and $2,382.27 $11,200.00 $417.73 , , ,�fi
maintenance `,, c t .'� ,
{v";k, oaf A4i=, -i,,,,
Pond maintenance $1,701.62 $8,000.00 $298.38 "$�,0 W-i
TOTALS' $1,502,•609:02,i..-',.: $222,9$7.4 $1' 3 59. + . $ 99 26.
!t
Exhibit B to The Colony SAP—Official Report-Public Improvements Cost
Page 1
Exhibit C
Service Plan: Five-Year Projection of Facility Public Improvements Cost
2016 2017 2018 2019 2020
$1,899,026.00 $1,500,000.00 $1,500,000.00 $1,500,000.00 $1,500,000.00
Exhibit C to The Colony SAP-Projection of Facility Public improvements Cost
Page 1
Exhibit D
Special Benefits Report
SPECIAL BENEFITS REPORT
The City of The Colony Public Improvement District No. 1
The Colony,Texas
PREPARED BY:
Tod Maurina,Assistant City Manager
DATED: August 13, 2015
Exhibit D to The Colony SAP—Special Benefits Report
Page 1
1775.010\45882.6
The Facility is expected to generate eight million customers each year. Given the traffic and
security needs of the Facility, above those provided as part of the City's basic municipal services,
one hundred percent of the Public Improvements for the traffic management system/control
equipment and 75.34 percent of the enhanced police services are attributable to the Facility
Property. The Facility Property is a single economic unit comprised of two tax parcels. The
costs attributable the Public Improvements for the traffic management system and enhanced
police services are allocated to the two tax parcels based on acreage.
The water well and pond amenities primarily benefit the Boardwalk given their proximity. As
such, eighty percent of the Public Improvements for the water well operation and maintenance,
and pond maintenance are attributable to the Boardwalk Property. The remaining 20 percent of
these Public Improvements are allocated to the Facility and the Related Development on a per
acre allocation such that the Facility Property is apportioned 85.14 percent (107.47 Facility
Property/126.227 = 85.14%) of the remaining costs and the Related Development Property is
apportioned 14.86 percent (18.757 Related Development Property /126.227 total acres =
14.86%) of the remaining costs. In other words, the Facility is allocated 17.02 percent of the
remaining 20 percent; and the Related Development is allocated 2.98 percent of the remaining 20
percent.
The enhanced development services and the street and roadway Public Improvements are
allocated on a per-acre basis to the Facility Property, the Boardwalk Property and the Related
Development Property such that the Facility Property is apportioned 75.34 percent (107.47
Facility Property/142.648 total acres); the Boardwalk Property is apportioned 11.51 percent
(16.421 Boardwalk Property/142.648 total acres); and the Related Development Property is
apportioned 13.36 percent(18.757 Related Development Property/142.648 total acres).
Exhibit D to The Colony SAP—Special Benefits Report
Page 2
Total Estimated Cost Cost Allocated to
Description of Public Cost Cost Allocated Allocated to Related
Improvements to Facility Boardwalk Development
Traffic management $45,000.00 $45,000.00 $0 $0
system
Enhanced police $647,426.00 $487,766.20 $74528.79 $85,131.02
services
Enhanced $427,600.00.00 $322,150.83 $49,223.40 $56,225.77
development
services
Street and roadway $755,000.00 $643,608.11 $80,005.29 $31,386.59
improvements
Water well $14000.00 $2,382.27 $11,200.00 $417.73
operation and
maintenance
Pond maintenance $10,000.00 $1,701.62 $8,000.00 $298.38
TOTALS $1,899,026.00 $1,502,609.02 $222,957.48 $173,459.50
Exhibit D to The Colony SAP—Special Benefits Report
Page 3
Exhibit D-1
Facility Public Improvements Cost—Special Benefit Analysis
TOTALS Special Benefit to Special Benefit to Special Benefit to
Public Improvements Facility Property Boardwalk Property Related Development
Property
Traffic management $45,000.00 100% 0% 0%
system
Enhanced police $647,426.00 75.34% 11.51% 13.15
services
Enhanced development $427,600.00 75.34% 11.51% 13.15%
services
Street and roadway $755,000.00 75.34% 11.51% 13.15%
improvements
Water well operation $14,000.00 17.02% 80.00% 2.98%
and maintenance
Pond maintenance $10,000.00 17.02% 80.00% 2.98%
TOTALS $1,899,026.00
Exhibit D-1 to The Colony SAP—Facility Public Improvements Cost Special Benefit Analysis
Page 1
Exhibit E
Assessment Roll
Tax Parcel Assessment
Facility Property ($1,502,609.02)
#657618— 81.99 acres 76.29% $1,146,340.42
#657619—25.48 acres—23.71% $356,268.60
Boardwalk Property($222,957.48)
#659316, 659317, and 659318 — $222,957.48
16.815 acres 100%
Related Development Property($173,459.50)
#649990—2.105 acres— 11.22% $26,199.62
#649991 —2.248 acres— 11.98% $27,979.45
#653843 —2.944 acres— 15.70% $36,644.98
#653844—2.683 acres- 14.30% $33,393.62
#655035 —3.693 acres— 19.69% $45,964.46
#655036— 1.949 acres— 10.39% $24,257.98
#178724—3.135 acres— 16.72% $39,019.38
Exhibit E to The Colony SAP—Reimbursement Agreement
Page 1
Exhibit E
Assessment Roll
Exhibit E to The Colony SAP—Reimbursement Agreement
Page 2