HomeMy WebLinkAboutResolution - 2003-R0468 - North Overton TIF Assessment Hearings - 10_09_2003File and Return to
Dave Booher R.O,W Resolution No. 2003—RO468
City of Lubbock October 9, 2003
Item No. 75
RESOLUTION
WHEREAS, a petition has been received from the record owners of taxable real
property representing more than 50 percent of the appraised value (as determined by the
host recent certified appraisal roll for Lubbock County) of an area within the City of
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Lubbock, in North Overton generally bounded by tine Marsha Sharp Freeway on tine
orth, University Avenue on the west, Broadway on the south and the alley between
Avenue R and Avenue Q on the east, AND owners of not less than fifty percent (50%) of
the area of all taxable real property that is liable for assessment under the proposal;
requesting establishment of a North Overton Public Improvement District Linder Section
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372.005 of the Public Improvement District Assessment Act for the purpose of enhancing
security and public safety, providing maintenance of landscaping in the public rights -of -
way, and providing; public trolley service, all in accordance with the Act; and
WHEREAS, the petition, a copy of which has. been attached as Exhibit "A," was
examined, verified, found to meet the requirements of Section 372.005(b) of the Texas
Local Government Code, and accepted by the City Council of the City of Lubbock,
Texas, (the "City"); and
WHEREAS, the boundaries of the proposed North Overton Public Improvement
District within the city lit -nits of the City of Lubbock are described in the attachment
designated as Exhibit "B" and shown on the map attached hereto as Exhibit "C" ; and
WHEREAS, the City has called a public hearing to hear public comments on the
advisability of the proposed public improvement district and its benefits to the City and
the property in the proposed Tax Increment Financing Reinvestment Zone; and
WHEREAS, notice of such public hearing was published in the Lubbock
Avalanche -Journal, a daily paper of general circulation in the City, such publication date
being before tine 15"' day before the date of the public hearing stating, the time and place
of the hearing, the general nature of the proposed improvement, the estimated cost of the
improvements, the boundaries of the proposed assessment district, the proposed method
of assessment, and the proposers apportionment of cost between the improvement district
and the city as a whole; and
WHEREAS, written notice containing the information in the published notice
was mailed before the 15"' day before the date of the hearing to the current addresses of
North ovrrton MD Findings
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owners, as reflected on the tax rolls, of property subject to assessment under the
public improvement district; and
WHEREAS, such hearing was convened at the time and place mentioned in the
lished notice, on the 9th day of October, 2003, at 1 1:1 S o'clock a.m., in the Council
ber of the City of Lubbock, Texas; and
WHEREAS, the City, at such hearing, invited any interested person, or his/her
ve, to appear and speak for or against the authorization of the North Overton
blic Improvement District, the boundaries of the proposed Public Improvement
District, whether all or part of the territory which is described in Exhibit "B" attached
hereto and depicted on the map attached hereto as Exhibit "C" should be included in such
proposed North Overton Public Improvement District, the advisability of the proposed
improvements, the nature of the improvements, the estimated costs of the improvements;
the method of assessment, and the apportionment of the costs between the district and the
city as a whole; and
WHEREAS, all owners of property located within the proposed Tax Increment
Financing Reinvestment Gone and all other taxing units and other interested persons were
given a reasonable opportunity at such public hearing to protest the authorization of the
proposed North Overton Public Improvement District and/or the inclusion of their
property in such Tax Increment Financing Reinvestment Zone; and
WHEREAS, the proponents of the North Overton Public Improvement District
offered evidence, both oral and documentary, in favor of all of the foregoing matters
relating to the creation of the North Overton Public Improvement District, and opponents
of the North Overton Public Improvement District were given the opportunity to appear
to contest authorization of the district, after which the hearing was closed; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct.
North Overton 11I1] Findings
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SECTION 2: THAT the City Council, after conducting such hearing and having
such evidence and testimony, has made the following findings and deterimilatioils
on the evidence and testimony presented to it:
a) That the public Bearing on the advisability of authorizing the North Overton
Public Improvement District has been properly called, held and conducted and
that notice of such hearing has been published and mailed as required by law
and delivered to the current address of the owners of property subject to
assessment under the proposed public improvement district.
b) That authorization of the proposed North Overton Public Improvement
District with boundaries as described in Exhibits "B" and "C" for the purpose
of enhancing; security and public safety, providing maintenance of landscaping
in the public rights -of -way, and providing public trolley service is advisable
and will result in benefits to the City, its residents, and property owners, in
general, and to the property, residents and property owners in the North
Overton Public Improvement District.
c) That the total estimated cost of services and improvements proposed to be
provided by the District is approximately $852,000 over the next five (5)
years, and that the estimated annual cost rises from $86,100 in the first year to
$254,700 in year five (5).
d) That the costs are based on a proposed assessment rate of $.15 per $100,00 of
valuations through year 2010, decreasing to $0.10 per $100.00 of valuation in
year 2011. Assessments to cover estimated costs of enhanced services and
improvements are proposed to be applied to newly developed areas during the
early years and during the later years will be applied to currently existing
properties as enhanced services and improvements are completed in the blocks
containing:_; those properties.
e) That as to apportionment of cost between the proposed District and the city,
all costs for proposed improvements will be paid by the District through
assessments.
North Ovenon PID Findings
Pap 3
SECTION 3. That the City hereby authorizes, under Sections 372.006, 372.010,
and 372.041 of the Act, a Public improvement district over the area described in Exhibit
"B" attached hereto and depicted in the map attached hereto as Exhibit "C" and such
public improvement district shall hereafter be identified as the North Overton Public
Improvement District, City of Lubbock, Texas.
SECTION 4: That the City Council shall be the governing board for the North
Overton Public Improvement District.
SECTION 5: That notice of this authorization for the North Overton Public
Improvement District shall be published in a newspaper of general circulation in the city.
SECTION 6: That if any section, paragraph, clause or Provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforeeability of such section. Paragraph, clause or provision shall not affect any of the
remaining provisions of this Resolution.
PASSED by the City Coti nc i I this 9th day of October, 2003.
ATTEST:
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Rebe ca-Garza, City Secretary
APPROVED 1'0 CO TENT:
Craig Fa r, Managing Director
of Planning and Transportation
--D V.I-IA----
T.J. PAq7ERSON,
SENIOR COUNCIL MEMBER
North Mcnon P1D Findings
Page 4
APPROVED AS TO FORM:
Linda L, Charnales
Supervising Attorney, Office Practice
LC:ICityanlLinda/NO YID finding.
(Mohcr 9, 2003
North Overton 111D Findings
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Resolution No. 2003-RO468
Exhibit "A"
PETITION TO CREATE THE NORTH OVERTON
PUBLIC IMPROVEMENT DISTRICT
TO THE HONORABLE MAYOR AND MEMBERS OF THE LUBBOCK CITY COUNCIL:
The undersigned ("Petitioners") who are the owners of real property in the hereinafter described
District respectfully file this petition (the "Petition's requesting the City Council of Lubbock, Texas to find
that the following District is advisable and necessary and would promote the interests of the City and to
establish the public improvement district in accordance with Chapter 372 of the Texas Local Government
Code (the "Act'.
Signature of person signing for owner Date
Printed name of owner
Owner's printed name, if different from signer
Signer's relation to owner, if not owner
Signers mailing address
Signer's day time phone number )
executing this petition, the foregoing person represents and warrants that he or she is authorized to
execute the Petition on behalf of the property owner named above. The property( ies) of the owner are
located at the following address(es) within the District or at the addresses within the District listed on the
attached sheet.
STATE OF TEXAS (SPECIFIY IF OTHER) §
COUNTY OF LUBBOCK (SPECIFY IF OTHER) §
This instrument was ACKNOWLEDGED before me this _ day of , 2002 by
Notary Pubic, State of Texas [Seal]
Printed name of Notary Public
My Commission expires
Please return the signed, notarized petition to:
Rob Allison, Business and Neighborhood Development Manager,
City of Lubbock, P 0 Box 2000, Lubbock, TX 79457.
NORTH OVERTON PUBLIC IMPROVEMENT DISTRICT (PID)
The proposed North Overton Public Improvement District (PID) generally covers the same boundary as
the Tax Increment Financing District, but is slightly smaller as shown on the attached map. The purpose
of the PID is to enhance and maintain landscaping and public improvements within the street rights -of -
way, provide increased security within the PID area, and also potentially provide for a trolley shuttle
service.
A PID is funded by a small assessment based on the value of each property within the PID. This
assessment will generate sufficient funds to pay the projected expenses of the PID. As an example, with
an assessment of $0.10 per $100 valuation, an owner with a property valued at $100,000 would pay an
assessment of only $100 per year for the increased landscaping and public improvement maintenance,
enhanced security, and trolley service. It is expected that the assessment rate would be no more than
$0.10 per $100 valuation, and maybe less.
A PID is initiated by property owners within the proposed PID boundary, indicated by their signing a
petition requesting that the City create the PID. The petition is sufficient if it is signed by the owners of at
least 50% of the appraised value of property within the PID boundary, and owners of either of the
following: at least 50% of the area of all property within the proposed PID boundary, or, at least 50% of
the number of properties within the proposed PID boundary. An advisory body may be established to
develop and recommend an improvement plan to the City Council.
In addition to a petition signed by the sufficient number of owners, a five-year initial Service Plan must be
prepared which outlines (among other things) the proposed services to be provided, management of the
district, and the proposed method of assessment and apportionment of costs required to fund those
services. Following submission of the petition and Five-year Service Plan, the City Council then holds a
public hearing to discuss and receive comments regarding establishment of the PID. Each property
owner within the proposed PID will receive written notification of this public hearing.
At a subsequent meeting, the City Council then approves a Resolution which establishes the PID, the
proposed services and costs, and the method of assessment. Normally, a majority vote of Council is
satisfactory.
The PID approval process normally takes about 4-5 months after submission of the petition to the City.
Based on this time requirement, it is expected that if approved, the North Overton PID would take effect
July 1, 2003.
Resolution No. 2003-RO468
North Overton Public Improvement District
Proposed Boundary Description
Exhibit B
Beginning at the northwest corner of the intersection of 101h Street and University
Avenue;
Then north along the western right-of-wy of University Avenue to the southern right-o-
way of the alley between 4`h Street and 5 Streets;
Then east along the southern boundary of the alley between 0 and 51h Streets
approximately 350 feet then north approximately 100 feet, then east approximately 150
feet, then south approximately 31 feet, then east approximately 100 feet to the western
right-of-way of Avenue X (the western and northern boundaries of a parcel currently
described as Overton, Block 133, the south 50'of Lot 1 and 2 and the south 8l' of Lot 3
through 5);
Then south along the western right-of-way of Avenue X approximately to the southwest
corner of the intersection of the alley between 0 and 5'h Streets and Avenue X;
Then east along the southern boundary of the alley between 0 & 5'h Streets to the
southeast corner of the alley intersection at Avenue W;
Then north approximately 100 feet then east approximately 600 feet to the western right-
of-way of Avenue V (the western and north boundaries of two parcels currently described
as Overton, Block 64, south 78.8' of Lots 1-6 and Block 64, south 78.8' of Lots 7-12);
Then south along the western rijht-of-way of Avenue V to the southwest comer of the
intersection of Avenue U and 5 Street;
Then east along the southern right-of-way of 5'h Street to the southeast corner of the
intersection of Avenue U and 5`h Street;
Then north along the eastern right-of-way of Avenue U to the southeast comer of the
intersection of the alley between 41h and 5'h Streets;
Then east along the southern boundary of the alley to the southwest corner of the
intersection of the alley and Avenue R;
Then south aloni the west right-of-way of Avenue R to the southwest corner of the
intersection of 5' Street and Avenue R;
Then east along the southern right-of-way of 5'h Street to the southwest corner of the
right-of-way of the alley between Avenue R and Avenue Q;
Then south along the western right-of-way of the alley between Avenue R and Avenue Q
to the northern right-of-way of 6'h Street;
Then west to the northwest corner of the intersection of 6`h Street and Avenue R;
Then south alonj the west right-of-way of Avenue R to the southwest comer of the
intersection of 7 Street and Avenue R;
Then east to the western right-of-way of the alley between Avenue R and Avenue Q;
Then south along the western right-of-way of the alley between Avenue R and Avenue Q
to the southwest corner of the intersection of the alley and 10'h Street;
Then south approximately 150 feet (along the eastern boundary of a parcel currently
described as Overton, Block 118, Lots 10 thru 12)
Then west approximately 1,200 feet to the northwest corner of the alley between 10'h and
Main Streets at Avenue T;
Then south to the northwest corner of the intersection of Avenue T and Main Street;
Then west to the northwest corner of the intersection of Avenue U and Main Street;
Then south to the northwest corner of the intersection of the alley between Main Street
and Broadway and Avenue U;
Then west along the northern right-of-way of the alley between Main Street and
Broadway to the eastern right-of-way of Avenue W;
Then north to a point parallel to the northern right-of-way of the alley between Main
Street and 10`h Street,
Then west along the northern boundary of the alley to the eastern right-of-way of Avenue
X,
Then north to the northeast corner of Avenue X and 10`h Street;
Then west to the point of beginning.
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NOTICE OF PUBLIC HEARING FOR THE PROPOSED NORTH
OVERTON PUBLIC IMPROVEMENT DISTRICT
Please take notice that on October 9, 2003 at 11:15 AM, the City Council of Lubbock, Texas, will conduct a public
hearing in the City Council Chamber of Lubbock, 1625 13"' St., Lubbock, Texas 79401. The purpose of this
hearing is to consider the establishment of the North Overton Public Improvement District ("District') pursuant to
Chapter 372 of the Texas Local Government Code (The "Act'.
All interested persons will be given the opportunity to appear and be heard at such public hearing. Written or oral
objections will be considered. The hearing may be adjourned from time to time until the City Council makes
findings by ordinance as to the advisability of the District.
The following information is hereby provided concerning the matters to be considered at such hearing:
Nature of the Services and Improvements: The general nature of the services and improvements to be
performed by the District are to enhance security and public safety, provide maintenance of landscaping and other
public amenities In the public rights -of -way, and provide public trolley service all in accordance with the Act. The
District is to supplement and enhance services within the District, but not replace or supplant existing City services
provided within the District.
Estimated Cost of the Services and Improvements: The total estimated cost of services and improvements
provided by the District is approximately $852,000 over the next five (5) years. The estimated annual cost rises
from $88,100 in the first year to $254,700 in year five (5). The District shall not incur bonded indebtedness, but
may need to borrow some funds in the early years. The costs are based on a proposed assessment rate of $0.15
per $100.00 of valuation through year 2010, decreasing to $0.10 per $100 of valuation in year 2011. Assessments
to cover estimated costs of enhanced services and improvements will only be applied to newly developed areas
during the early years, and during the later years will be applied to currently existing properties as enhanced
services and improvements are completed in those blocks.
Boundaries. The District is located wholly within the City of Lubbock, Texas. The boundary includes a portion of
the area between Fourth Street on the North, Avenue Q to the East, Broadway Street on the South, and University
Avenue to the West. A detailed map of the District is available in the Planning Department in room 107 at the
Lubbock Municipal Building.
City of Lubbock City Council meetings are available to all persons regardless of disability. If you require special
assistance, please contact the City Secretary's office at 775-2025 or write Post Office Box 2000, at least 48 hours
in advance of the meeting.
Any questions concerning the matters described in this notice should be directed to:
Rob Allison, Business and Neighborhood Development Manager, at 775-2110
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
�?roti±tip'
Kelly Pinion, County Clerk
Lubbock County TEXAS
August 11, 2011FEEZ00 .$565PM 2011027239