HomeMy WebLinkAbout032746 RES - 04/26/2022CITY OF CORPUS CHRISTI, TEXAS
RESOLUTION NO. 032746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, ACCEPTING A PETITION TO CREATE THE
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1; CALLING FOR
A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL
GOVERNMENT CODE FOR THE CREATION OF THE WHITECAP
PUBLIC IMPROVEMENT DISTRICT NO. 1 WITHIN THE CORPORATE
LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS; TO CONSIDER
THE FEASIBILITY AND ADVISABILITY OF ESTABLISHING THE
DISTRICT; AUTHORIZING AND DIRECTING THE PUBLICATION AND
MAILING OF NOTICES OF THE PUBLIC HEARING; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") authorizes the
creation of public improvement districts; and
WHEREAS, on April 7, 2022, the owners of real property delivered to the City of Corpus
Christi, Texas (the "City") a petition for the property described in Exhibit A thereto (the "Petition",
which is attached as Exhibit A and incorporated herein for all purposes) meeting the requirements
of the Act and indicating: (i) the owners of more than fifty percent (50%) of the appraised value
of the taxable real property liable for assessment, and (ii) the owners of more than fifty percent
(50%) of the area of all taxable real property liable for assessment within the District have executed
the Petition requesting that the City Council create the Whitecap Public Improvement District No.
1 (the "District"); and
WHEREAS, the Act states that the Petition is sufficient if signed by owners of more than
fifty percent (50%) of the taxable real property, according to appraised value, and either of the
following: more than fifty percent (50%) of the area of all taxable real property liable for
assessment under the proposal, or more than fifty percent (50%) of all record owners of property
liable for assessment; and
WHEREAS, the Act further requires that prior to the adoption of the resolution creating
the District, the City Council must hold a public hearing on the advisability of the improvements,
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
between the District and the City.
0327461
1156.011 \102838.5
SCANNED
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
Section 1. The findings set forth in the recitals of this Resolution are found to be true
and correct and are hereby approved and incorporated by reference as though fully set forth herein.
Section 2. City staff reviewed the Petition and determined that same complied with the
requirements of the Act and the City Council accepts the Petition. The Petition is filed with the
office of the City Secretary and is available for public inspection.
Section 3. The City Council calls a public hearing to be scheduled at or after 11:30
a.m. on May 17, 2022, to be held at the regular meeting place of the City Council of the City at
City Hall located at 1201 Leopard Street, Corpus Christi, Texas on the advisability of the
improvements, 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 between the District and the City. Attached hereto as Exhibit B is a form of the
Notice of Public Hearing, the form and substance of which is hereby adopted and approved. All
residents and property owners within the District, and all other persons, are hereby invited to
appear in person, or by their attorney, and speak on the creation of the District.
Section 4. The City Council hereby authorizes and directs the City Secretary, on or
before May 1, 2022, in accordance with the Act, to: (a) publish notice of the public hearing in a
newspaper of general circulation in the City and in the part of the City's extraterritorial jurisdiction
in which the proposed District is to be located or in which the improvements are to be undertaken;
and (b) mail notice of the public hearing to the owners of property located in the proposed District
as reflected on the tax rolls.
Section 5. 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 6. This Resolution shall be in full force and effect from and after the date of
its passage, and it is accordingly so resolved.
1156.011 \102838.5
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS THIS THE 26th DAY OF APRIL, 2022.
OF CORPUS CHRISTI, TEXAS
ATTEST:
Rebecca L. Huerta, CITY SECRETARY
APPROVED THIS 26th DAY OF APRIL, 2022
Miles Risley, City Attorney
Execution Page
a.4
PAULETTE M. GUAJARD 1 , MAYOR
S-1 1156.011\102838.5
THE STATE OF TEXAS
COUNTY OF NUECES
I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the
above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of
the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 26th day of
April, 2022, relating to City's acceptance of a petition to create a public improvement district and
calling a public hearing relating thereto, which Resolution is duly of record in the minutes of said
City Council, and said meeting was open to the public, and public notice of the time, place and
purpose of said meeting was given, all as required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the day of , 2022.
;,sem
el2aLeA
City Secretary
(CITY SEAL)
Execution Page
S-2 1156.011 \102838.5
PASSED AND APPROVED on the 26th DAY OF APRIL, 2022:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ATTEST:
X)x
ATE-
te
A.ye
Ab5-0-\-
AL/)-
Rebecca
Huerta
City Secretary
Execution Page
Y OF CORPUS CHRISTI
aulette Guajardo
Mayor
S-3 1156.011\ 102838.5
032746
EXHIBIT A
PETITION FOR CREATION
PETITION FOR THE CREATION OF A
PUBLIC IMPROVEMENT DISTRICT WITHIN THE
CORPORATE LIMITS OF CORPUS CHRISTI, TEXAS
This petition (the "Petition") is submitted and filed with the City Secretary of the City of
Corpus Christi, Texas (the "City"), by Diamond Beach Holdings, LLC (the "Owner"), acting
pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Ag"),
requesting that the City create a public improvement district (the "District") to include property
located within the corporate limits of the City (the "Property"), more particularly described in
Exhibit A and depicted in Exhibit B, Owner hereby represents that: (1) Owner represents more
than fifty percent (50%) of the appraised value of taxable real property liable for assessment in the
proposed District, as determined by the current roll of the appraisal district in which the Property
is located; and (2) Owner is the record owner of real property liable for assessment under the
proposed District who: (A) constitutes more than fifty percent (50%) of all record owners of
property that is liable for assessment under the proposed District; and (B) owns taxable real
property that constitutes more than fifty percent (50%) of the area of all taxable real property that
is liable for assessment under the proposed District. In support of this Petition, the Owner presents
the following:
Section 1. General Nature of the Authorized Improvements. The purposes of the District
include the design, acquisition, construction, and improvement of public improvement projects
authorized by §372.003(b) of the Act that are necessary for the development of the Property, which
public improvements may include, but not be limited to: (1) design, construction and other allowed
costs related to street and roadway improvements, including related earthwork, sidewalks,
drainage, utility relocation, signalization, landscaping, lighting, signage, and rights-of-way; (2)
design, construction and other allowed costs related to storm drainage improvements; (3) design,
construction and other allowed costs related to water, wastewater and drainage (including
detention) improvements and facilities; (4) design, construction and other allowed costs related to
erection of fountains, distinctive lighting and signs, and acquisition and installation of pieces of
art; (5) design, construction and other allowed costs related to parks, open space, and recreational
improvements, including trails, landscaping, and irrigation related thereto; (6) design, construction
and other allowed costs related to off-street parking facilities, including related sidewalks,
drainage, utility relocation, signalization, landscaping, lighting, signage and rights-of-way; (7)
design, construction and other allowed costs related to projects similar to those listed in subsections
(1) - (6) above authorized by the Act, including similar off-site projects that provide a benefit to
the Property within the District; (8) costs related to special supplemental services for improvement
and promotion of the District, including services related to advertising, promotion, health and
sanitation, water and wastewater, public safety, security, business recruitment, development,
recreation, and cultural enhancement; (9) payment of expenses incurred in the establishment,
administration and operation of the District; and (10) payment of expenses associated with
financing such public improvement projects, which may include but are not limited to, costs
associated with issuance and sale of revenue bonds secured by assessments levied against the
Property (collectively, the "Authorized Improvements"). These Authorized Improvements shall
promote the interests of the City and confer a special benefit on the Property.
Section 2. Estimated Cost of the Authorized Improvements. The Owner estimates that the
total cost of the Authorized Improvements is $100,000,000.
Exhibit A — Page 1
1156.011\102637.5
1156.011\102838.5
Section 3. Boundaries of the Proposed District. The District is proposed to include the
Property.
Section 4. Proposed Method of Assessment. The City shall levy an assessment on each lot
within the District to pay the cost of the Authorized Improvements in a manner that results in
imposing equal shares of the cost on property similarly benefited. Each assessment may be paid in
full or in part (including accrued and unpaid interest) without penalty at any time or may be paid
in annual installments (including interest and debt). If paid in annual installments, such
installments must be paid in amounts necessary to meet annual oasts for the Authorized
Improvements and must continue for a period necessary to retire any indebtedness incurred to pay
the eosts of the Authorized Improvements.
Section 5. Proposed 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,
if any, available to the Owner.
Section 6. Management of the District. The Owner proposes that the District 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.
Section 7. Owner Requests Establishment of the District. The persons signing this Petition
request the establishment of the District. This petition may be signed in multiple counterparts
which, when taken together, shall be deemed one original.
Section 8. Advisory Board, The Owner proposes that the District be established and
managed without the creation of an advisory body.
This Petition has been signed by ( I ) the owners of 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 owners of real property liable for assessment under the proposal who: (A) constitute
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.
This Petition is hereby filed with the City Secretary of the City in support of the creation
of the District by the City Council as herein provided, The undersigned requests that the City
Council grant its consent as above stated.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
Exhibit A — Page 2
115E011'1102837.5
1156.011\102838.5
RESPECTFULLY SUBMITTED THIS 7th DAY OF APRIL, 2022,
Exhibit A — Page 3
DIAMOND BEACH HOLDINGS, LLC
a Texas limi> s,liability company
By:
Name: . 1 f�i11 /V G
Title: V( a PA
1156.01.1 \1 02$37.5
1156.011 \102838.5
EXHIBIT A
Metes and Bounds Description of the Property
(approximately 242.011 acres)
242.011 awes being all of a 39.692 acre tract referenced and described by metes & bounds in
Substitute Trustee's Deed, Doc. No. 2017050832, Official Records, Nueces County, Texas, said
39.692 acre tract being out of Tract 27C and 27D of the Padre Island - Corpus Christi Island
Fairway Estates, hereafter referred to as P.I.C,C.I.F.E., Lots 27C and 27D, a map of which is
recorded in Vol. 67, Pg, 779, Map Records, Nueces County, Texas; and 202.319 acres referenced
in Correction Warranty Deed, Doc. No. 2018045542, Official Records, Nueces County, Texas,
and described by metes & bounds of a 28,629 acre tract (Tract 1), a 72,316 acre tract (Tract 2),
a 74.440 acre tract (Tract 3), and a 30.684 acre tract (Tract 4), save & except 3.749 acres, said
3.749 acres being a portion of a 60 -foot wide street tract, also known as 'Aquarius Street Re -
Alignment', recorded in Doc. No. 2011039226, Official Records, Nueces County, Texas; said
202.319 acres including portions of Tract 27C and 27D of P.I.C.C,I,F.E., Lots 27C and 270, a
map of which is recorded in Vol. 67, Pg. 779, Map Records, Nueces County, Texas; a portion of
P.I.C.C.I.F,E., Blocks 45 & 46, a map of which is recorded in Vol. 42, Pg. 153-154, Map Records,
Nueces County, Texas; a portion of PJ.C.C.I.F.E., Block 3, a map of which is recorded in Vol. 40,
Pg. 145-146, Map Records, Nueces County, Texas; all of P.I,C.C.i.F.E., Blocks 37, 38, 39, and
40, a map of which is recorded in Vol. 41, Pg.128, Map Records, Nueces County, Texas; a portion
of PJ.C.CJ.F.E., Blocks 24-33, a map of which is recorded in Vol, 40, Pg. 154-159, Map Records,
Nueces County, Texas; a portion of P.I.C.C.LF.E , Blocks 43 & 44, a map of which is recorded in
Vol. 42, Pg. 10-11, Map Records, Nueces County, Texas; and portions of P.I.C.C.I,F.E., Blocks
34, 35, and 36, a map of which is recorded in VoL 40, Pg. 183-184, Map Records, Nueces County,
Texas, said Blocks 26, 35, 36, 43, 44, and a portion of Block 34 now vacated as per plat recorded
in Vol. 67, Pg. 688, Map Records, Nueces County, Texas.
Exhibit A - Page 4
1156.41 h102837.5
1156.011 \102838.5
EXHIBIT B
Depiction of the Property
------ 1 TaTACT
3
7131E M22
000 00. 20111012612
0 AMR? -
114
UA ENGINEERING
11.16•3114/1161111/40 TY, .1011
.,
DOC. No. :10012142
03.00.T.
l
AN
TRACT 3
)AN0 ACRO
DOC. NO. 201100440
P•/111 .04011
38.7 ACRE TRACT
22002ACIIE 1
DOC. M0. 301701112
0 ANC. T.
TRACT 4
30.061 ACRO
000 MO. 30111041W
O AN C.T.
L.- _.�._• TRACT i
XO ACMES
COG MO. 20110014•12
010107.
Diamond Beach Holdings
WHITECAP PRESERVE
PUBLIC IMPROVEMENT DISTRICT (PID) BOUNDARY DEPICTION
242.011 ACRES
Exhibit A - Page 1
1156.011102817.5
1156.011 \102838.5
EXHIBIT B
CITY OF CORPUS CHRISTI, TEXAS
NOTICE OF PUBLIC HEARING REGARDING
THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT
Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended, notice
is hereby given that the City Council of the City of Corpus Christi, Texas ("City"), will hold a public
hearing to accept public comments and discuss the petition (the "Petition"), filed by Diamond Beach
Holdings, LLC, a Texas Limited Liability Company (the "Petitioner"), requesting that the City create the
Whitecap Public Improvement District No. 1 (the "District") to include property owned by the Petitioner.
Time and Place of the Hearing. The public hearing will start at or after 11:30 a.m. on May 17, 2022 at the
regular meeting place of the City Council of the City at City Hall located at 1201 Leopard Street, Corpus
Christi, Texas.
General Nature of the Proposed Authorized Improvements. The purposes of the District include the
design, acquisition, construction, and improvement of public improvement projects authorized by the
Public Improvement District Assessment Act, codified as Chapter 372, Texas Local Government Code, as
amended (the "Act"), that are necessary for the development of the property within the District, which
public improvements may include, but not be limited to: (1) design, construction and other allowed costs
related to street and roadway improvements, including related earthwork, sidewalks, drainage, utility
relocation, signalization, landscaping, lighting, signage, and rights-of-way; (2) design, construction and
other allowed costs related to storm drainage improvements; (3) design, construction and other allowed
costs related to water, wastewater and drainage (including detention) improvements and facilities; (4)
design, construction and other allowed costs related to erection of fountains, distinctive lighting and signs,
and acquisition and installation of pieces of art; (5) design, construction and other allowed costs related to
parks, open space, and recreational improvements, including trails, landscaping, and irrigation related
thereto; (6) design, construction and other allowed costs related to off-street parking facilities, including
related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage and rights-of-
way; (7) design, construction and other allowed costs related to projects similar to those listed in subsections
(1) - (6) above authorized by the Act, including similar off-site projects that provide a benefit to the Property
within the District; (8) design, construction and other allowed costs related to special supplemental services
for improvement and promotion of the District, including services related to advertising, promotion, health
and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation,
and cultural enhancement; (9) payment of expenses incurred in the establishment, administration and
operation of the District; and (10) payment of expenses associated with financing such public improvement
projects, which may include but are not limited to, costs associated with issuance and sale of revenue bonds
secured by assessments levied against the Property (collectively, the "Authorized Improvements"). These
Authorized Improvements shall promote the interests of the City and confer a special benefit on the
Property.
Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct
the Authorized Improvements, including eligible costs related to the establishment, administration and
operation of the District and expenses associated with financing Authorized Improvements is $100,000,000.
Proposed District Boundaries. The District is proposed to include approximately 242.011 acres of land
generally located 0.1 miles west of the intersection of Park Road 22 and Highway 361 along Commodores
Drive; and as more particularly described by a metes and bounds description available from the City
Secretary's Office at City Hall located at 1201 Leopard Street, Corpus Christi, Texas and available for
public inspection during regular business hours.
Exhibit B — Page 1
1156.011 \102838.5
Proposed Method of Assessment. City shall levy assessments on each parcel within the District in a
manner that results in imposing equal shares of the costs on property similarly benefited. Each assessment
may be paid in full at any time (including accrued and unpaid interest), and certain assessments may be
paid in annual installments (including interest and debt). If an assessment is allowed to be paid in
installments, then the installments must be paid in amounts necessary to meet annual costs for those
Authorized Improvements financed by the assessments and must continue for a period necessary to retire
the indebtedness issued to finance or refinance those Authorized Improvements (including interest).
Proposed Apportionment of Cost between the District and City. City will not be obligated to provide
any funds to finance the Authorized Improvements, other than from assessments levied on the District
property. No municipal property in the District shall be assessed. The Petitioner may also pay certain costs
of the improvements from other funds available to it as developer of the District.
Exhibit B — Page 2
1156.011 \102838.5