Resolution 2022-5 Set Public HearingRESOLUTION NO. 2022-5
A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE FOR THE CREATION OF THE RESERVES OF HUNTSVILLE PUBLIC IMPROVEMENT DISTRICT WITHIN THE CORPORATE
LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY REGARDING THE PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Huntsville, 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; and
WHEREAS on January 17, 2022, the owner of (1) 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) 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) own 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 (the "Petitioner"), filed with the City Secretary of Huntsville (the "City Secretary")
a petition ("Petition"), attached as Exhibit A, requesting the establishment of a public improvement district for property wholly within the corporate limits of the City; and
WHEREAS the City Council of Huntsville, Texas (the "City Council") will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing
the District (as hereinafter defined) the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment,
and the apportionment, if any, of the costs; and
WHEREAS in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality and in a newspaper
of general circulation in the corporate limits of the City before the 15th day before the date of the hearing, and written notice must be mailed to the current address of each owner,
as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district; and
WHEREAS both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and
WHEREAS the City Council has determined to hold a public hearing on March 1, 2022 on the creation of a public improvement district; and
WHEREAS the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City; and
WHEREAS it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas that:
Section 1 All of the above recitals are hereby found to be true and correct factual determinations of the City Council and are hereby approved and incorporated by reference as though
fully set forth herein.
Section 2 City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition.
Section 3 That a public hearing is hereby called for March 1, 2022 at 6:00 p.m. in the City of Huntsville City Hall, 1212 Avenue M, Huntsville, Texas 77340 (unless alternative meeting
arrangements are required to address public health concerns, which meeting arrangements will be specified in the Notice, as hereinafter defined, of such meeting posted in accordance
with applicable law), for the purpose of hearing public testimony with respect to the creation of a public improvement district.
Section 4 At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and may consider the adoption of a resolution
authorizing the creation of the public improvement district.
Section 5 Attached hereto as Exhibit A is the Petition for the Creation of a Public Improvement District within the corporate limits of the City for the "Reserves of Huntsville Public
Improvement District" (the "District"), which includes a metes-and-bounds description of the approximately 33.22 acres of property to be included in the proposed District.
Section 6 Attached here to as Exhibit B is a form of the Notice of Public Hearing (the "Notice") the form and substance of which is hereby adopted and approved and subject to alternative
meeting arrangements to address public health concerns, which meeting arrangements will be specified in the Notice.
Section 7 The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in
the corporate limits of the City, and to notify any affected landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall
provide notice on or before the 15th day before the hearing.
Section 8 If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the City Council hereby determines that it would have adopted this Resolution without the invalid provision.
Section 9 This Resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved.
PASSED AND APPROVED this 1st day of February 2022.
THE CITY OF HUNTSVILLE
_____________________________ Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney