WHEREAS, the governing body (the "City Council")
CITY OF FATE, TEXAS RESOLUTION NO. R-538
A RESOLUTION OF THE CITY COUNCIL OF CITY OF FATE, TEXAS, MAKING FINDINGS THAT THE PROPOSED WILLIAMSBUR G PUBLIC IMPROVEMEN T DISTRICT NO. 2 AND THE PROPOSED PUBLIC IMPROVEMEN TS WILL PROMOTE THE INTERESTS OF THE CITY AND CONFER A SPECIAL BENEFIT ON A DEFINABLE PART OF THE CITY'S ETJ; PROVIDING THAT THE DISTRICT AND PROPOSED PUBLIC IMPROVEMEN TS ARE FEASIBLE AND ADVISABLE; PROVIDING FINDINGS WITH RESPECT TO THE NATURE AND ESTIMATED COST OF THE PROPOSED PUBLIC IMPROVEMEN TS, THE BOUNDARIES OF THE DISTRICT, THE METHOD OF ASSESSMENT, AND APPORTIONME NT OF COSTS BETWEEN THE DISTRICT AND THE CITY; AUTHORIZING THE CREATION OF THE DISTRICT AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF THE CREATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the governing body (the "City Council") of the City of Fate, Texas (the "City"), is authorized by Chapter 372, Texas Local Goverrunent Code, as amended (the "Act"), to create public improvement districts within the corporate limits and extraterritorial jurisdiction of the City; WHEREAS, on September 10, 2012, Williamsburg Assets Holding, Inc. ("Owner") submitted and filed with the municipal secretary of the City (the "City Secretary") a petition, a copy of which is attached as Exhibit A (the "Petition"), requesting the creation of Williamsburg Public Improvement District No. 2 (the "District") consisting of approximately 15.985 contiguous acres located within the extraterritorial jurisdiction of the City southeast of Interstate 30, south of Ben Payne Road, north of Miller Lane, and west of and adjacent to FM 551 , which property is described in the Petition and is the same property described by metes and bounds on the attached Exhibit B and depicted by the drawings on the attached Exhibit C (the "Property"); WHEREAS, the Petition has been on file with the City Secretary and available for public inspection at all times after it was submitted and filed; WHEREAS, the City Council has investigated and determined that the Petition complies with and is sufficient under the Act to create the District; WHEREAS, the City Council has investigated and determined that the matters set forth in the Petition are true and correct; WHEREAS, the City Council has investigated and determined that the public improvements described in the Petition (the "Public Improvements") are authorized by the Act, promote the interests of the City, and confer a special benefit on the Property;
Resolution Creating Williamsburg PID No. 2
Page 1 1270.024\29474.1
WHEREAS, the City Council has investigated and determined that the District may be created without a preliminary financial report and without the appointment of an advisory body; WHEREAS, on September 24, 2012, the City Council approved Resolution No. 535 accepting the Petition, setting a public hearing for October 15, 2012 (the "Public Hearing"), to take public testimony on the feasibility and advisability of creating the District and the feasibi lity and advisability of the proposed Public Improvements and authorizing and directing the City Secretary to publish and mail notices of the Public Hearing as required by the Act; WHEREAS, on or before September 28, 2012, the City Secretary caused notice of the Public Hearing to be published in a newspaper of general circulation in the area where the proposed District is located; WHEREAS, on or before September 28, 2012, the City Secretary caused notice of the Public Hearing, addressed to "Property Owner," to be mailed to the current address (as reflected on the tax rolls) of owners of property subject to assessment under the proposed District; WHEREAS, effective October l 0, 2012, Owner conveyed the Property to Beazer Homes Texas, L.P., a Delaware limited partnership ("Beazer Homes"); WHEREAS, on or before September 28, 2012, the City Secretary caused notice of the Public Hearing to be mailed to Beazer Homes at 1750 Valley View Lane, Suite 200, Dallas, Tx 75234; WHEREAS, the City Council has investigated and determined that the published and mailed notices of the Public Hearing complied with the Act and were published and mailed before the l 51h day before the date of the Public Hearing as required by the Act; WHEREAS, the City Council has investigated and determined that Beazer Homes had actual knowledge of the Public Hearing; WHEREAS, after publishing, mailing, and otherwise providing all notices required by the Act and state law, the City Council, conducted the Public Hearing on October 15, 2012, at the time and place, and for the purposes, set forth in the notices; WHEREAS, Beazer Homes appeared at the Public Hearing in support of creating the District, acknowledged that Beazer Homes had actual notice of the Public Hearing, and waived any claim by Beazer Homes to lack of notice under the Act; WHEREAS, no one appeared at the Public Hearing in opposition to the creation of the District; and WHEREAS, after all persons having an interest in the creation of the District were given an opportunity to be heard, the City Council closed the Public Hearing on October 15, 2012.
Resolution Creating Williamsburg PID No. 2
Page 2 1270.024\29474.1
A RESOLUTION OF THE CITY COUNCIL OF CITY OF FATE, TEXAS, MAKING FINDINGS THAT THE PROPOSED WILLIAMSBUR G PUBLIC IMPROVEMEN T DISTRICT NO. 2 AND THE PROPOSED PUBLIC IMPROVEMEN TS WILL PROMOTE THE INTERESTS OF THE CITY AND CONFER A SPECIAL BENEFIT ON A DEFINABLE PART OF THE CITY'S ETJ; PROVIDING THAT THE DISTRICT AND PROPOSED PUBLIC IMPROVEMEN TS ARE FEASIBLE AND ADVISABLE; PROVIDING FINDINGS WITH RESPECT TO THE NATURE AND ESTIMATED COST OF THE PROPOSED PUBLIC IMPROVEMEN TS, THE BOUNDARIES OF THE DISTRICT, THE METHOD OF ASSESSMENT, AND APPORTIONME NT OF COSTS BETWEEN THE DISTRICT AND THE CITY; AUTHORIZING THE CREATION OF THE DISTRICT AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF THE CREATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the governing body (the "City Council") of the City of Fate, Texas (the "City"), is authorized by Chapter 372, Texas Local Goverrunent Code, as amended (the "Act"), to create public improvement districts within the corporate limits and extraterritorial jurisdiction of the City; WHEREAS, on September 10, 2012, Williamsburg Assets Holding, Inc. ("Owner") submitted and filed with the municipal secretary of the City (the "City Secretary") a petition, a copy of which is attached as Exhibit A (the "Petition"), requesting the creation of Williamsburg Public Improvement District No. 2 (the "District") consisting of approximately 15.985 contiguous acres located within the extraterritorial jurisdiction of the City southeast of Interstate 30, south of Ben Payne Road, north of Miller Lane, and west of and adjacent to FM 551 , which property is described in the Petition and is the same property described by metes and bounds on the attached Exhibit B and depicted by the drawings on the attached Exhibit C (the "Property"); WHEREAS, the Petition has been on file with the City Secretary and available for public inspection at all times after it was submitted and filed; WHEREAS, the City Council has investigated and determined that the Petition complies with and is sufficient under the Act to create the District; WHEREAS, the City Council has investigated and determined that the matters set forth in the Petition are true and correct; WHEREAS, the City Council has investigated and determined that the public improvements described in the Petition (the "Public Improvements") are authorized by the Act, promote the interests of the City, and confer a special benefit on the Property;
Resolution Creating Williamsburg PID No. 2
Page 1 1270.024\29474.1
WHEREAS, the City Council has investigated and determined that the District may be created without a preliminary financial report and without the appointment of an advisory body; WHEREAS, on September 24, 2012, the City Council approved Resolution No. 535 accepting the Petition, setting a public hearing for October 15, 2012 (the "Public Hearing"), to take public testimony on the feasibility and advisability of creating the District and the feasibi lity and advisability of the proposed Public Improvements and authorizing and directing the City Secretary to publish and mail notices of the Public Hearing as required by the Act; WHEREAS, on or before September 28, 2012, the City Secretary caused notice of the Public Hearing to be published in a newspaper of general circulation in the area where the proposed District is located; WHEREAS, on or before September 28, 2012, the City Secretary caused notice of the Public Hearing, addressed to "Property Owner," to be mailed to the current address (as reflected on the tax rolls) of owners of property subject to assessment under the proposed District; WHEREAS, effective October l 0, 2012, Owner conveyed the Property to Beazer Homes Texas, L.P., a Delaware limited partnership ("Beazer Homes"); WHEREAS, on or before September 28, 2012, the City Secretary caused notice of the Public Hearing to be mailed to Beazer Homes at 1750 Valley View Lane, Suite 200, Dallas, Tx 75234; WHEREAS, the City Council has investigated and determined that the published and mailed notices of the Public Hearing complied with the Act and were published and mailed before the l 51h day before the date of the Public Hearing as required by the Act; WHEREAS, the City Council has investigated and determined that Beazer Homes had actual knowledge of the Public Hearing; WHEREAS, after publishing, mailing, and otherwise providing all notices required by the Act and state law, the City Council, conducted the Public Hearing on October 15, 2012, at the time and place, and for the purposes, set forth in the notices; WHEREAS, Beazer Homes appeared at the Public Hearing in support of creating the District, acknowledged that Beazer Homes had actual notice of the Public Hearing, and waived any claim by Beazer Homes to lack of notice under the Act; WHEREAS, no one appeared at the Public Hearing in opposition to the creation of the District; and WHEREAS, after all persons having an interest in the creation of the District were given an opportunity to be heard, the City Council closed the Public Hearing on October 15, 2012.
Resolution Creating Williamsburg PID No. 2
Page 2 1270.024\29474.1
