PUBLIC NOTICE: City of Ferris, Texas Resolution No. R-17-228 authorizing and creating Ferris Public Improvement District No. 1

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Published one time in The Ellis County Press on Nov. 9, 2017.

CITY OF FERRIS, TEXAS RESOLUTION NO. R-17-228

A RESOLUTION OF THE CITY OF FERRIS, TEXAS, AUTHORIZING AND CREATING FERRIS PUBLIC IMPROVEMENT DISTRICT NO. 1, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; AND 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 (the “Act”), to create a public improvement district within its corporate limits or extraterritorial jurisdiction;

WHEREAS, on September 11, 2017, The Patricia Miller Donosky 1994 Irrevocable Trust (the “Owner”), submitted and filed with the City Secretary of the City of Ferris, Texas, a petition (the “Petition”), requesting the establishment of a public improvement district to include the Property (hereinafter defined), owned by the Owner and to be known as “Ferris Public Improvement District No. 1” (the “District”);

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;

WHEREAS, the District will include the approximately 67.708 acres owned by the Owner and located wholly within the extra-territorial jurisdiction of the City (the “Property”), and more particularly described in Exhibit A;

WHEREAS, the City Council called a public hearing for October 2, 2017 and after providing all notices required by the Act, opened and conducted such public hearing on the advisability of the improvements and services, and closed such hearing; and

WHEREAS, on October 2, 2017, the City Council placed on its agenda consideration of this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:

Section  1. The findings set forth in the recitals of this Resolution are hereby found to be true and correct.

Section  2. The Petition submitted to the City by the Owner was filed with the City Secretary and complies with Subchapter A of the Act.

Section 3. Pursuant to the requirements of the Act, including, without limitation, Sections 372.006 and 372.009, the City Council, after considering the Petition and the evidence and testimony presented at the public hearing on October 2, 2017, hereby finds and declares:

Advisability of the Proposed improvements. It is advisable to create the District to provide the Authorized Improvements (hereinafter defined). 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 purposes of the District include the design, acquisition, and construction of public improvement projects authorized by the Act that are necessary for development of the Property, which public improvements will include, but not be limited to: (i) landscaping; (ii) acquisition, construction, and improvement of water, wastewater, and drainage facilities; (iii) acquisition, construction, and improvement of streets, sidewalks, and roadways; (iv) projects similar to those listed in subsections (i)-(iii) above that are authorized by the Act; and (v) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i)(iv) above, including costs of establishing, administering and operating the District (including on-going maintenance) (collectively, the “Authorized Improvements”).

Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire, and construct the Authorized Improvements is $4,125,000.

Boundaries of Proposed District The boundaries of the District shall contain the Property.

Proposed Method of Assessments. The City shall levy assessments within the District in a manner that will result in each parcel paying its fair share of the costs of the Authorized Improvements provided with the assessments based on the special benefits received by the Property from the Authorized Improvements and Property equally situated paying equal shares of the costs of the Authorized Improvements.

Apportionment of Cost Between the District and the City. The City shall not be obligated to provide any funds to finance the Authorized Improvements. The cost of the Authorized Improvements will be paid from the assessments and from other sources of funds

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 District is hereby authorized and created as a Public Improvement District under the Act in accordance with the finding as to the advisability of the Authorized Improvements contained in this Resolution and the conclusion that the District is needed to fund such Authorized Improvements.

Section 5. Notice of this Resolution authorizing the District shall be given by publishing such notice once in the Ellis County Press, a newspaper of general circulation in Ellis County, Texas. 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.

PASSED AND APPROVED on this 2nd day of October, 2017.

/s/ Micheal Driggars, Mayor City of Ferris, Texas

ATTEST:

/s/ Callie Green, City Secretary

City of Ferris, Texas

 

EXHIBIT “A” LEGAL DESCRIPTION

BEING a tract of land situated in the John W. Baker Survey, Abstract No. 35, and the Mason Phelps Survey, Abstract No. 824 Ellis County, Texas, being all of a tract of land called Tract 1 to The Patricia Miller Donosky 1994 Irrevocable Trust as recorded in Volume 2762, Page 857 of the Deed Records of Ellis County, Texas, and a portion of a tract of land to Shaw Creek Ranch 1B LP as recorded in Volume 2234, Page 2149 of the Deed Records of Ellis County, Texas and being more particularly described as follows:

BEGINNING at a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for the northwest corner of Shaw Creek Ranch Phase 1B, an addition to the City of Ferris as recorded in Cabinet H, Slide 427 of the Plat Records of Ellis County, Texas, said point also lying on the southwest line of F.M. 664, (a called 120’ right-of-way);

THENCE South 18 degrees 02 minutes 39 seconds West along the west line of said Phase 1B, a distance of 1528.50 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for the southwest corner of said Phase 1B;

THENCE North 89 degrees 44 minutes 30 seconds West, a distance of 870.41 feet to a 2 inch Iron Pipe found for corner;

THENCE South 59 degrees 32 minutes 25 seconds West, a distance of 657.08 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for corner;

THENCE North 32 degrees 21 minutes 59 seconds West, a distance of 1089.78 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for corner;

THENCE North 61 degrees 47 minutes 12 seconds East, a distance of 91.67 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for corner;

THENCE North 27 degrees 32 minutes 48 seconds West, a distance of 666.67 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for corner;

THENCE North 88 degrees 34 minutes 41 seconds East, a distance of 891.50 feet to a 1/2 inch iron rod found for corner;

THENCE North 18 degrees 06 minutes 08 seconds East, a distance of 762.19 feet to a 1/2 inch iron rod found for corner at the beginning of a curve to the right;

THENCE with said curve to the right having a radius of 1849.86 feet, a central angle of 00 degrees 15 minutes 35 seconds, an arc length of 8.38 feet, a chord bearing of South 72 degrees 03 minutes 47 seconds East, a distance of 8.38 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for corner;

THENCE South 71 degrees 57 minutes 21 seconds East, a distance of 91.56 feet to a 1/2 inch iron rod found for corner;

THENCE South 18 degrees 06 minutes 01 seconds West, a distance of 726.85 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for corner;

THENCE North 88 degrees 34 minutes 41 seconds East, a distance of 1600.54 feet to a 4 inch steel fence post found for corner;

THENCE North 22 degrees 32 minutes 06 seconds East, a distance of 177.88 feet to a 2 inch steel fence post found for corner;

THENCE North 02 degrees 09 minutes 56 seconds East, a distance of 16.78 feet to a 5/8 inch iron rod with cap stamped “R.P.L.S. 5430” found for corner;

THENCE South 71 degrees 57 minutes 21 seconds East, a distance of 57.92 feet to the POINT OF BEGINNING containing 2,949,380 square Feet, or 67.708 acres of land.

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