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HomeMy WebLinkAboutResolution - 2003-R0402 - Resoluton Regarding A Public Hearing For North Overton Public Improvement Distri - 09_18_2003Resolution No. 2003-RO402 September 18, 2003 Item No. 59 RESOLUTION WHEREAS, a petition has been received from the record owners of taxable real property representing not less than fifty percent (50%) of the appraised value of the property (as determined by the most recent certified appraisal roll for Lubbock County) in the area of North Overton generally bounded by Marsha Sharp Freeway on the north, University Avenue on the west, Broadway on the south and the alley between Avenue R and Avenue Q on the east, within the City of Lubbock, 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 creation of a Public Improvement District under Chapter 372 of the Texas Local Government Code; and WHEREAS, the petition, a copy of which is attached hereto as Exhibit "A", has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City of Lubbock; and WHEREAS, the boundaries of the proposed Public Improvement District are described in the attachment designated as Exhibit `B" and shown on the map attached hereto as Exhibit "C", said area for the North Overton PID being within the city limits of the City of Lubbock; WHEREAS, the City of Lubbock accepts the petition and desires to schedule a public hearing to consider the formation of a Public Improvement District (PID) in this area pursuant to 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT a public hearing is hereby scheduled at 1 lam, Thursday, October 9, 2003, in the City Council Chambers, 1625 13t' Street, Lubbock, Texas, to receive public comment on the formation of a North Overton Public Improvement District in the area described in Exhibit B and as shown on the map in Exhibit C, pursuant to Chapter 372 of the Texas Local Government Code; and SECTION 2: THAT notice of said hearing shall be published in a newspaper of general circulation in the city at least fifteen days prior to the hearing as required by state law; and SECTION 3: THAT written notice shall be mailed to each property owner, as reflected on the tax rolls, of property subject to assessment under the proposed public improvement district, before the 151h day prior to the date set for the hearing. Passed by the City Council this 18th day of September , 2003. T.J. PATTERSON, SENIOR COUNCIL MEMBER ATTEST: Q Jte� — Rebecca Garza, City Secretary .• Craig F& er, Managing Director of Planning and Transportation APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section Resolution No. 2003—RO402 Exhibit "An 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") 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 By executing this petition_ the foreaoina 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. Resolution No. 2003-RO402 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. EXHTRTT "R" i'�I.�i�i i 5MM i = .Ii = ■ North Overton Public Improvement U �Dulllxwaq;n: