HomeMy WebLinkAboutResolution - 2005-R0492 - Authorize Willow Bend Public Improvement District - 10_27_2005File and Return to Resolution No. 2005—RO492
Dave Booher R.O.W. October 27, 2005
City of Lubbock Item No. 6.6
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
most recent certified appraisal roll for Lubbock County) of an area within the City of
Lubbock, the east half of Section 3, Block D6, Lubbock County, Texas generally
bounded by 4th Street, Inler Avenue, 19`h Street and the west line of the east half of
Section 3, Block D6, Lubbock County, Texas and containing approximately 313.03 acres,
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 Willow
Bend Public Improvement District under Section 372.005 of the Public Improvement
District Assessment Act for the purpose of maintaining the common areas on each side of
the railroad, maintaining the entry stations into the development, the area around the
playa lake, and the neighborhood park 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, 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 Willow Bend Public Improvement
District within the city limits 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 Public Improvement District; 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 the 151h day before the date of the public hearing stating the time and place
of the hearing, the general nature of the proposed services, the estimated cost of the
services, the boundaries of the proposed assessment district, the proposed method of
assessment, and the proposed 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 151h day before the date of the hearing to the current addresses of
the owners, as reflected on the tax rolls, of property subject to assessment under the
proposed public improvement district; and
WHEREAS, such hearing was convened at the time and place mentioned in the
published notice, on the 13th day of October, 2005, at 10:15 o'clock a.m. and continued
Willow Bend PID Findings Page 1
until the 271h day of October, 2005, at 10:30 o'clock a.m., in the Council Chamber of the
City of Lubbock, Texas; and
WHEREAS, the City, at such hearing, invited any interested person, or his/her
representative, to appear and speak for or against the authorization of the Willow Bend
Public 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 Willow Bend Public Improvement District, the advisability of the proposed
services, the nature of the services, the estimated costs of the services; 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 Public
Improvement District 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
Willow Bend Public Improvement District and/or the inclusion of their property in such
Public Improvement District; and
WHEREAS, the proponents of the Willow Bend Public Improvement District
offered evidence, both oral and documentary, in favor of all of the foregoing matters
relating to the creation of the Willow Bend Public Improvement District, and opponents
of the Willow Bend 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.
SECTION 2: THAT the City Council, after conducting such hearing and having
heard such evidence and testimony, has made the following findings and determinations
based on the evidence and testimony presented to it:
a) That the public hearing on the advisability of authorizing the Willow Bend
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 Willow Bend Public Improvement District
with boundaries as described in Exhibits `B" and "C" for the purpose of
maintaining the common areas on each side of the railroad, maintaining the
entry stations into the development, the area around the playa lake, and the
neighborhood park all in accordance with the Act. The District is to
Willow Bend PID Findings Page 2
supplement and enhance services within the District, but not replace or
supplant existing City services provided within the District.
c) The total estimated cost of services provided by the District is approximately
$175,629 over the next five (5) years. The estimated annual cost rises from
$31,500 in the third year to $84,208 in year five (5). The District shall not
incur bonded indebtedness, but may need to borrow some funds in the early
years.
d) The costs are based on a proposed assessment rate of $0.15 per $100.00 of
valuation through year 2012, decreasing to $0.14 per $100 of valuation in year
2013. Assessments to cover estimated costs of enhanced services are
proposed to be applied to all 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.
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 Willow Bend Public
Improvement District, City of Lubbock, Texas.
SECTION 4: That the City Council shall be the governing board for the Willow
Bend Public Improvement District.
SECTION 5: That notice of this authorization for the Willow Bend 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
unenforceability of such section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Resolution.
PASSED by the City Council this 27th day of October, 2005.
TOM MARTIN, MAYOR PRO TEM
Willow Bend PID Findings Page 3
ATTEST:
L • ..a' ..fir
Rebecca Garza, City Secret
APPROVED AS TO CONTENT: -
Rob Allis
Director o Business Development
APPROVED AS TO FORM:
P-fin M. Knight'
Assistant City Attorney
JK:/ccdocs/PID fmdings.resolution-Willow Bend
September 21, 2005
Willow Bend PID Findings Page 4
EXHIBIT "A"
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATE OF PUBLIC RECORD
I hereby certify, in the performance of the functions of my office, that the attached petition
property owner signature of Cactus Point Ltd., has been verified as meeting a statuatory two test
requirement: (1) petition is signed by the owner of taxable real property representing more that
50 % of the appraised value of the taxable real property liable for assessment by the current roll of
the appraisal district (January 1, 2005). The total market value of all property within the Public
Improvement District (PID) for the proposed Willow Bend Development boundary is $535,545.
The market or appraised value of property owned by Cactus Point Ltd. totals $508,896, 95% of
the total appraised value, and (2) that the petition constitutes the record owner of more than 50 %
of the area within the PID. The total area of the two parcels contained in the PID encompasses a
half -section of land (approximately 320 acres) plus right-of-way to the section line, as shown on
attached map. The parcel owned by Cactus Point, Ltd. is 299.17 acres, more that 50% of the
total land area contained by the proposed PID; said documents appear of record in my office and
that said documents are an official record from the public office of the City Secretary of the City
of Lubbock, Lubbock County, State of Texas, and is kept in said office.
I further certify that I am the City Secretary of the City of Lubbock, that I have legal
custody of said record, and that I am a lawful possessor and keeper and have legal custody of the
records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of said office
this 31st day of August, 2005.
(City Seal)
ommy Co bs
Deputy Ci Secretary
City of Lubbock
Lubbock County, State of Texas
PETITION', O CREATE THE WILOW BEND
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") 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
of person signing for owner
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
By executing this
7 = ;, as'
Date
CACTUS P INT L T�.
l
LIWA
• 1.• .�
. - A �.
person represents and warrants that he or she is authorized to execute
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.
EAST HALF OF SECTION 3 BLOCK D6 LUBBOCK COUNTY, TEXAS BOUNDED BY 4T" STREET,
INLER AVENUE, 19TH STREET AND THE WEST LINE OF THE EAST HALF OF SECTION 3, BLOCK
D6, LUBBOCK COUNTY, TEXAS
STATE OF TEXAS (SPECIFIY IF OTHER) §
COUNTY OF LUBBOCK (SPECIFY IF OTHER) §
This instrument was ACKNOWLEDGED before me this day of , 2005 by
Notary Pubic, State of Texas [Seal]
Printed name of Notary Public
My Commission expires
Please return the signed, notarized petition by August 20, 2005 to:
Rob Allison, Director of Business Development,
City of Lubbock, P O Box 2000, Lubbock, TX 79457.
R122199
CACTUS POINT, LTD
7170 WESTWIND DRIVE, STE 101, EL PASO, TX 79912
City of Lubbock
Memo
August 25, 2005
To: Becky Garza, City Secretary
Linda Chamales, Supervising Attorney
From: Sally Still Abbe, Planner
Rob Allison, Director of Business Development
Re: Willow Bend Petition
On Monday, August 22, 2005, the City Of Lubbock's Director of Business Development
received a petition from a group of property owners requesting that the City of Lubbock establish
a Public Improvement District (PID) for the proposed Willow Bend development shown on the
attached map. PID establishment can only be initiated by a petition of property owners meeting
two tests outlined in the statute. There are only two owners of land within the PID boundary:
Cactus Point Ltd. and West Texas and Lubbock Railways.
The first test is that the petition is sufficient if signed by the owners of taxable real property
representing more than 50% of the appraised value of the taxable real property liable for
assessment by the current roll of the appraisal district (January 1, 2005). The total market value
of all property within the PID Boundary is $535,545.00. The market or appraised value of
property owned by Cactus Point Ltd. totals $508,896. This is 95% of the total appraised value
for the area, so the petition easily passes the value test.
The second test is that the petition must be signed by the record owners of property that
constitute more than 50% of the number of record owners or the record owners of more than
50% of the area within the PID. There are only two owners in the PID, so neither owner could
constitute more than 50% of the owners. The total area of the two parcels contained in the PID
encompasses a half -section of land (approximately 320 acres) plus right-of-way to the section
line. The parcel owned by Cactus Point, Ltd. is 299.17 acres, more than 50% of the total land
area contained by the proposed PID.
The signature on the Cactus Point Ltd. petition was validated by a visual review. Mr. McDougal
was also asked to provide documentation of his authority to sign on behalf of Cactus Point Ltd.
(attached).
WILLOW BEND �UBLIC IMPROVEMEN� DISTRICT (PID)
The proposed Willow Bend Public Improvement District (PID) generally covers the area between 4t'
Street to 19t' Street, and between Inler Avenue and the alley behind the proposed Kelsey Avenue. This
area is approximately 313.03 acres. The proposed boundaries are shown on the attached map. The
purpose of the PID is to maintain the common areas on each side of the railroad, maintain the entry
stations into the development, the area around the playa lake, and the neighborhood park.
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 $0.15 per $100 valuation, an owner with a property valued at $100,000 would pay an
assessment of only $150 per year for maintaining the public improvement areas. It is expected that the
assessment rate would be no more than $0.15 per $100 valuation, and may be 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.
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 and the proposed
method of assessment required to fund those services. Following submission of the petition and Five-
year Service Plan, the City Council 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. However, if there is a written protest signed by 20% of the owners, approval will require a
2/3 vote of the Council.
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 Willow Bend PID would take effect
December 1, 2005. The assessment would be available for review on November 18, 2005.
Willow Bend PID Proposed Service Plan
WILLOW BEND PID
Proposed Revenue/Expense Worksheet
10
mi
M2
2LI3
raft
REVENUE
Property Values'
26.700,000 49,404,000 70.173.680
115,677,154
154,640,697
157.733,511
160.888,181
164,105,944
167,388,063
167,388.063
Discounted Property Values
21,360,000 39,587,200 56,138,944
92.541,723
123,712,557
126,186,608
128,710,545
131,284,756
133,910,451
133,910.451
0.15 Assessmem Q $0.15
- 32,040
59,381
84,208
136,813
185,569
-
-
500,011
0.14 Assessment Q $014
-
176.662
180,195
356,856
Told
32,040
59,381
K208
138,813
186,589
176,662
180.195
856,867
ExPensa $K"
Maintenance of raht-of-way - both sides of railroad
17,500
17,850
18,207
18,571
18,943
19,321
19,708
130.100
Phase I - 7 acres @ S2500 per acre
Phase II - 7 acres CS2500 per acre -2% Inc. each yen
10,531
18,571
18,943
19.321
19,708
87,074
Maintenance & Rotation of Flowers - Entry Stations
- - 12.000
12,240
12,485
12,734
12,969
13,249
13,514
89,211
Phase I - 2 stations @ $6000 each
Phase II - 2 stations C $6000 each
-
2,831
12,485
12,734
12,989
13,248
13,513
67,801
Maintenance around Playa Lake
42.5 acres $1,750 per acre
-
-
-
45.192
74,375
75,863
77,380
272.809
Maintenance of Neiahbortaod Park
10 acres @$2,500 per acre
25,000
25,500
26,010
26,530
27,061
27,602
157,703
Administrative Costs
2,000
2,000
5,000
5,000
5,000
5,000
5,000
29,000
TaW
31,500
69,921
84,208
138,813
169,769
173,063
176,426
833,698
Cash Reserves
540
0
0
0
16,801
19,399
23,1691
23,169
'Property Value growth rate = 2% annually
"Expense growth rate = 2% annually
-Phase 11 begins In 2008
ASSESSMENT INFORMATION
2005-2012
Assessment per $100,000 $ 150.00
2013 - 2014
Assessment per $100,000 $ 140.00
EXHIBIT "B"
Willow Bend Public Improvement District
Proposed Boundary
The east half of Section 3, Block D6, Lubbock County, Texas
bounded by 4th Street, Inler Avenue, 19th Street and the west
line of the east half of Section 3, Block D6, Lubbock County,
Texas.
EXHIBIT "C"
Proposed Willow Bend Public Improvement District
August 2005
�O
aQ
Qj
19TH ST 19TH ST 19TH ST z
Legend
Proposed WillowBendPM
ram
� � � '. ..
FILED AND RECaRDED
��h�FzrE:
-;;!'� ..�,,.. �f OFFICIAL PUBLIC RECORDS
n� ''� a �
I*!Iti � ��*� \`�
� Q/.�y ' : rwl«•` �'O- / `�'���
�Y _a�_C•�
Kelly Pinion, County Clerk
Lubbock County TEXAS
Augus! 11, 20�1FEE?.$56500PM 2011027241
.
3