Agenda Items: policy prohibiting TikTok, etc.; 4th Fiscal Quarter 2023- 24 Report; 7 agenda items on annexation, TIRZ, PIR, Chapter 380 with Beall Development. Executive Session: Beall Development Agreement.
• Location and Time: El Chico City Hall, 120 El Chico, Suite A, Willow Park, Texas 76087, 6PM
• Meeting Page • Agenda packet (in .pdf) • minutes approved during the next meeting
• Facebook Watch live during Meeting (No Facebook account required.) • Facebook Video Before Executive Session • Facebook Video After Executive Session • Youtube Video TBD
• Latest Update: updated 15 November 2024; posted 08 November 2024
• Tags: #Finance #DevelopmentSouth
• Note: Willow Park Civics is about Willow Park but is NOT associated with or managed by the City of Willow Park.
• Index: Public Comments, Agenda, Sources and Resources
• Council approves land acquisition, Over 300 acres coming for development," Article by The Community News, 13 Nov. 2024, Willow Park Civics Blog, posted 15 November 2024
Public Comments
From approved minutes posted with the next Council Meeting agenda.
2. Discussion/Action: Approval of a Resolution accepting a Policy prohibiting the installation or use of TikTok and other prohibited technologies on city devices
• Exhibits:
• Resolution No. 2024-10
WHEREAS, SB 1893 (Chapter 620 of the Government Code) was adopted by the 88th Texas Legislature requiring cities to adopt a policy prohibiting the installation or use of a “covered application” no later than sixty (60) days after the date the Texas Department of Information Resources (“DIR”) and the Texas Department of Public Safety (“DPS”) make available the model policy required by Section 620.003(b) of the Government Code; and WHEREAS, a “covered application” is defined as (a) the social media service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited; or (b) a social media application or service specified by proclamation of the governor under Section 620.005 of the Government Code; and WHEREAS, the DIR and the DPS have made available their model policy required by Section 620.003(b) on or about September 16, 2024...
• Addendum A
• S.B. No. 1893
3. Discussion/Action: For Approval of Financial Report for 4th Fiscal Quarter 2023- 24. #Finance
• Background: Financial update by Jake Weber, CPA. to review and provide an update on the 4 2023-2024 financial activity of the city.
• Exhibits: Financial Reports as of September 30, 2024.
Agenda Items 4, 5, 6, 7, 8, 9, and Executive Session 10, all concerning Beall Development [in .pdf].
• Beall Development Index, Willow Park Civics Blog, posted 20 September 2024
• Willow Park Civics Excerpts:
• 321 acre tract from I20 Service Road to East Bankhead Highway
• just east of the County Hollows Development and Hunters Glen • County Hollow Index, Willow Park Civics Blog
• With Light Industrial and Commercial along I20 (Entertainment, Restaurants, Fast Food, Retail Commercial Office, aFuel and Convenience Store, and Grocer), and Single Family and Garden Multi Family (Neighborhood Park, 79 single family lots and garden multi family) along East Bankhead Highway side.
• and to issue City debt up to $5,135,000 to provide water and wastewater.
4. Discussion/Action: Consider and take action on an ordinance expanding the City of Willow Park’s Extraterritorial Jurisdiction to include a 321 acre tract of land owned by Beall-Dean Ranch, Ltd. described as Parts of the F. H. Hammon Survey, Abstract No. 673, the Heirs of Francisco Sanchez Survey, Abstract No. 2346, and H. T. & B. R. R. Co. Survey No. 5, Abstract No. 647 situated in Parker County, Texas; embracing all of Parcel 4, the 323-336/1000 acres tract described in the deed to John Henry Dean III recorded in volume 1441, page 424 of the Official Public Records of Parker County, Texas and further described by metes and bounds. #DevelopmentSouth
• Background: One tract of land totaling approximately 321 acres, owned by Beall-Dean Ranch, Ltd., as described above, is proposed for future development.
Property owner has requested water and sewer service, which the City of Willow Park can provide once the properties are within its extraterritorial jurisdiction (ETJ). The Development Agreement provides terms for these services and includes the properties’ immediate annexation into the City of Willow Park following incorporation into its ETJ. Staff recommend that the Ordinance accepting the petition be approved.
• Exhibits: Petition for Voluntary ETJ Expansion with Exhibits
5. Discussion/Action: Consider and take action on a resolution authorizing the Mayor and/or Mayor Pro Tem to execute a Development Agreement with Beall - Dean Ranch, Ltd. regarding the development of 321 acres of land in the Extraterritorial Jurisdiction of the City of Willow Park. #DevelopmentSouth
• Background:
This resolution represents agreement between the City of Willow Park and the property owner of Beall-Dean Ranch, Ltd. for development of its 321-acre tract of land owned by Beall-Dean Ranch, Ltd. described as Parts of the F. H. Hammon Survey, Abstract No. 673, the Heirs of Francisco Sanchez Survey, Abstract No. 2346, and H. T. & B. R. R. Co. Survey No. 5, Abstract No. 647 situated in Parker County, Texas; embracing all of Parcel 4, the 323-336/1000 acres tract described in the deed to John Henry Dean III recorded in volume 1441, page 424 of the Official Public Records of Parker County, Texas and further described by metes and bounds.
• Exhibits: • Resolution • Beall-Dean Ranch Development Agreement and Exhibits
• SECTION 1 RECITALS
WHEREAS, Developer anticipates commencing development of the Project upon: (i) the execution of this Agreement, (ii) the submission and approval of a preliminary plat for the Property that is substantially consistent with the Conceptual Plan as generally depicted in Exhibit C (the “Conceptual Plan”), and (iii) creation of the PID and TIRZ by the City;
WHEREAS, the Parties desire and intend that Developer will design, construct, install, and/or make financial contributions toward the Authorized Improvements, and that certain costs incurred therewith will be partially financed or reimbursed through multiple sources, including PID Bond Proceeds and the TIRZ Fund;
WHEREAS, the Parties desire and intend for the design, construction, and installation of the Authorized Improvements to occur in a phased manner over the Term of this Agreement and that Developer will dedicate to and the City will accept the Authorized Improvements for public use and maintenance, subject to the City’s approval of the plans and inspection of the Authorized Improvements in accordance with this Agreement and the City Regulations;
WHEREAS, as it relates to the Property, Developer estimates that the overall development costs and Authorized Improvements Cost will be as set forth in Exhibit D;
WHEREAS, the City, subject to the consent and approval of the City Council, the satisfaction of all conditions for PID Bond issuance, Developer’s substantial compliance with this Agreement, and in accordance with the terms of this Agreement and all legal requirements, including but not limited to the Indenture, shall use good faith efforts to: (i) adopt a Service and Assessment Plan; (ii) adopt one or more Assessment Ordinances (to reimburse Developer for all or a portion of the Authorized Improvements Cost and the costs associated with the administration of the PID and the issuance of the PID Bonds, and for repayment of PID Bonds, to the extent applicable); (iii) issue, in multiple series, up to $75,000,000 in principal amount of PID Bonds for the purpose of financing the Authorized Improvements in accordance with the Service and Assessment Plan, acquiring the Authorized Improvements, and reimbursing Developer for certain associated costs as described herein; and (iv) create the TIRZ and establishment of associated economic development program under Chapter 380, Texas Local Government Code, as amended (“Chapter 380”) as provided herein;
• SECTION 2 DEFINITIONS
• SECTION 3 PUBLIC IMPROVEMENT DISTRICT pID
• SECTION 4 PID BONDS
• SECTION 5 TIRZ & CHAPTER 380 GRANT
• SECTION 6 AUTHORIZED IMPROVEMENTS
• SECTION 8 ANNEXATION AND ZONING MATTERS; CONCEPTUAL PLAN
• SECTION 9 ADDITIONAL OBLIGATIONS AND AGREEMENTS
• SECTION 10 EVENTS OF DEFAULT; REMEDIES
• SECTION 11 ASSIGNMENT; ENCUMBRANCE
• SECTION 12 RECORDATION AND ESTOPPEL CERTIFICATES
• SECTION 13 GENERAL PROVISIONS
6. Discussion/Action: Consider and take action on a resolution accepting an annexation petition from Beall-Dean Ranch, Ltd. requesting annexation of the following 321 acre tract of land described as Parts of the F. H. Hammon Survey, Abstract No. 673, the Heirs of Francisco Sanchez Survey, Abstract No. 2346, and H. T. & B. R. R. Co. Survey No. 5, Abstract No. 647 situated in Parker County, Texas; embracing all of Parcel 4, the 323-336/1000 acres tract described in the deed to John Henry Dean III recorded in volume 1441, page 424 of the Official Public Records of Parker County, Texas and further described by metes and bounds. #DevelopmentSouth
• Background: One tract of land totaling approximately 321 acres, owned by Beall-Dean Ranch, Ltd., as described above, is proposed for future development. Property owner has requested water and sewer service, which the City of Willow Park can provide. The Development Agreement provides terms for these services and includes the properties’ immediate annexation into the City of Willow Park.
• Exhibits: • Resolution • Petition of Landowners
7. Discussion/Action: For A Resolution of The City of Willow Park, Texas, accepting a Petition Seeking The Creation Of The Beall-Dean Ranch Public Improvement District Within The Extraterritorial Jurisdiction Of The City And Calling For A Public Hearing For The City Council’s December 10, 2024 Meeting.
• Background: Beall-Dean Development is requesting the City o9f Willow Park to create a Public Improvement District to fund qualified improvements inside the District. This will require the city to issue bonds which will be paid for via an assessment on all properties inside of the District. Attached is a calendar to complete the PID process.
• Exhibits:
• Resolution No. 2024-11
"The current estimated total cost of the proposed Authorized Improvements ia $75,000.000."
• Exhibit A
• Exhibit B
• PID Calendar
8. Discussion/Action: To amend the Financial Advisory Agreement with Hilltop Securities to provide for Amended Forms and Basis of Compensation for PID- related activities. #DevelopmentSouth
• Background:
Contract with Hilltop Securities for PID-related The amended section begins on page 3 under the “Development Services and Development Debt Instruments” section. This section outlines an upfront fee once the PID is created and the fee amount upon issuance of PID bonds. As a general note, any advisory fees due on development related services or PID bonds, would be paid from PID assessments.
Also, attached is a general PID consideration letter prepared by Hilltop Securites. Since all PIDs are somewhat unique, the letter summarizes some of the key factors that Hilltop Securities has reviewed and outlined based on the draft the Beall-Dean Development Agreement and financial numbers received to date.
• Exhibits: • Amended Services Contract with Hilltop Securities
9. Discussion/Action: To enter into a Sales Tax Allocation Agreement with ESD #1.
• Background:
With the Annexation of the Beall Development, the City is not eligible to receive sales tax from the newly annexed property as a vote of Parker County residents in a previous election. However, the ESD recognizes that the City must have some financial benefit to make this annexation be productive for all parties. As such, city staff has worked with ESD staff to craft a sales tax agreement. Currently, the ESD would receive 1.5% of the sales tax collected. This agreement would share, equally the 1.5% of the sales tax collected to 0.75% for each taxing entity.
• Exhibits: • Agreement
10. Discussion/Action: Consider all matters incident and related to the issuance and sale of “City of Willow Park, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2024A” including the adoption of an ordinance authorizing the issuance of such certificates in the amount not to exceed $5,135,000 to finance the costs of paying contractual obligations to be incurred for (i) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving water and wastewater system properties or facilities, including the acquisition of land and rights-of-way therefor, and (ii) professional services rendered in connection with such projects and the financing thereof.
• Background: The Certificates of Obligation or CO funding will be used to provide water and sewer to the Beall Dean Development property. Funding through a Certificate of Obligation can be used by local governments to pay for public infrastructure, including water and wastewater projects. COs do not require local governmental entities to appeal to the taxpayers for funding of project. COs are more commonly used when funding is needed quickly or when there is a short time span in which to complete a project. Repayment of the CO is made through enterprise revenue funds or property tax.
• Exhibits: • Ordinance No. 913-24 • Exhibit A, Annex A, and Exhibit B • Schedule I, Exhibit A, Schedule A, Schedule B, Exhibit B
Informational
Executive Session
11. Sec. 551.071 (Consultation with Attorney): Beall-Dean Ranch Development Agreement
• Willow Park Civics Research: Beall Development Index, Willow Park Civics
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