HomeMy WebLinkAboutResolution No. 2016-049CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2016- O
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 6, 2016, 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 2016-2017; 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 6, 2016,
to consider an ordinance levying assessments against the Property to pay for the public
improvements identified in the Preliminary 2016-2017 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 2016-2017 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, August 16, 2016 at 6:30 p.m., at City 11all, 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 $1,162,836 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.
TEXAS, THIS 16`h day of AUGUST, 2016.
ATTEST:
S, -
Q 't
Tina Stewart, City Secretary
APPROVED AS TO FORM:
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