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HomeMy WebLinkAboutResolution - 2012-R0349 - Schedule Public Hearing - Kelsey Park PID - 09/13/2012Resolution No. 2012-RO349 September 13, 2012 Item No. 6.1 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 real property liable for assessment (as determined by the most recent certified appraisal roll for Lubbock County) in the area known as Kelsey Park Public Improvement District (PID) which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by FM 1585 on the North, Indiana Avenue on the East, the Lubbock City limits boundary on the South, and Quaker Avenue on the West further described as the North half of Section 4, Block AK, Lubbock County, Texas (as further shown on the map in Exhibit "B"), AND the record owners of taxable real property that constitutes more than fifty percent (50%) 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 as the North half of Section 4, Block AK, Lubbock County, Texas and shown on the map attached hereto as Exhibit "B", said area for the Kelsey Park 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 creating the following proposed public improvements: (i) construction of entrances, streetscapes, and park, (ii) maintenance of parks and green spaces together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, street entrances, walkways, lighting, fences, benches, trash receptacles and similar items located therein along with all necessary grading, drainage and similar infrastructure involved in the maintenance of such parks and green spaces; landscaping, hardscape and irrigation; and (iii) costs of establishing, administering and operating the District, 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 6:30 pm, October 11, 2012, in the City Council Chambers, 1625 13fl' Street, Lubbock, Texas, to receive public comment on the formation of a Kelsey Park Public Improvement District in the area described as the North half of Section 4, Block AK, Lubbock County, Texas and as shown on the map in Exhibit B, 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 before the 15th day 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 i 15'h day prior to the date set for the hearing. Passed by the City Council on September 13 '2012. t GL C ON, MAYOR ATTEST: 5< Reb cca Garza, City Secr tar APPROVED AS TO CONTENT: "-)-- Cheryl Br ek Budget Director Lc: city att/Linda/Res- Kelsey Park PID hearing August 21, 2012 APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney Resolution No. 2012-RO349 Exhibit A CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § CERTIFICATE OF PUBLIC RECORD 1 hereby certify, in the performance of the functions of my office, that the attached petition property owner signature of Ford Development Partners, LLC, and FP Investors 1, LLC, 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, 2012). The property in the proposed PID owned by Lubbock Cooper ISD is tax-exempt, and, therefore, is not subject to this test. The petitioners own the remainder of the property within the proposed PID, or 100% of the taxable real property within the boundary. (2) That the petition must be signed by the record owners of property that constitutes more than 50% of the area within the PID, and the record owners of more than 50% of the surface area within the AID. The total surface areas of parcels eligible for assessment as of January 1, 2012, (excluding dedicated right-of-way) is 12,646,645 square feet or approximately 290 acres. The petitioners own 100% of this property. 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 1 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 15th day of August, 2012. (City Seal) 4Ree a Garza City Secretary City of Lubbock Lubbock County, State of Texas Exhibit A city of *Iubbock TEXAS August 9, 2012 To: Becky Garza, City Secretary From: Sally Still Abbe, Director of GIS and Data Services Re: Kelsey Park Public Improvement District Petition Recently, the City Of Lubbock received a petition from Rex F. Robertson dated July 30,2012 requesting that the City of Lubbock establish the Kelsey Park Public Improvement District (PID) as shown on the attached map. PID establislunent can only be initiated by a petition of property owners who meet two tests outlined in the state statute. 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, 2012). The property in the proposed PID owned by Lubbock Cooper ISD is tax-exempt, and therefore is not subject to this text. Since the petitioners own the remainder of the property within the proposed PID, or 100° o of the taxable real property within the boundary, 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 surface area within the PID. The property owned by Lubbock Cooper ISD will not be assessed. The total surface area of parcels eligible for assessment as of January 1, 2012 (excluding dedicated right-of-way) is 12,646,645 square feet or approximately 290 acres. The petitioners own 100° o of this property, so the petition also passes the surface area test. The notarized signature on the Kelsey Park petition was validated by a visual review. Exhibit A PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IlVIPROVEMENTS TO KELSEY PARK THE STATE OF TEXAS CITY OF LUBBOCK TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK: The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), request that the City of Lubbock create a public improvement district (the "District") in the area described in Exhibit A attached hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in support of this petition the Petitioners would present the following: Section 1. Standing of Petitioners. In compliance with the requirements of Texas Local Government Code, Section 372.005(b), as determined by the current roll of the Lubbock Central Appraisal District, the Petitioners constitute. (i) the owners of taxable real property representing more than 50% of the appraised value of real property liable for assessment under the proposal described herein, and (ii) the record owners of taxable real property that constitutes more than 50% of the area of all taxable real property that is liable for assessment under such proposal. Section 2. General nature of the proposed public improvements. The general nature of the proposed public improvements is: (i) construction of entrances, streetscapes, and park (ii) maintenance of parks and green spaces together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, street entrances, walkways, lighting, fences, benches, trash receptacles and any similar items located therein along with all necessary grading, drainage, and similar infrastructure involved in the maintenance of such parks and green spaces, landscaping, hardscape and irrigation; and (iii) costs of establishing, administering and operating the District. The improvements associated with the Public Improvement District are a benefit to the affected property and to the City of Lubbock because they visually enhance the area as well and provide a common area for residents to enjoy, thereby increasing the overall quality of life in the affected area. Section 3. Estimated cost of the maintenance of the proposed public improvements: The estimated cost for maintaining the proposed public improvements is approximately $12,000 per year for the Phase 1 improvements and will increase to approximately $36,000 per year when the improvements are fully developed. See Exhibit A attached hereto and incorporated herein by reference for a more detailed analysis of the maintenance costs. Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A. Section 5. Method of assessment, An assessment methodology has been prepared that will address (i) how the costs of the public improvements paid for with the assessments are assessed against the property in the District, (ii) the assessments to be collected each year, and (iii) reduction of the assessments for costs savings (pursuant to the annual review of the service plan for the District). Additionally, a report will be prepared showing the special benefits M/Document/Corp/Kelsey Park.1010.Pedtion for Improvement Page i of 5 3 Exhibit A accruing to property in the District and how the costs of the public improvements are assessed to the property on the basis of the special benefits. The result will be that proportionate shares of the costs will be imposed on property similarly benefited. Further, it is anticipated that the non single-family rate of assessment shall never exceed one-third (1/3) of the rate assessed for single- family parcels. In assessing the maintenance of the public improvements, property will be classified based on the net taxable value of the property. The assessment methodology will result in each parcel paying its fair share of the costs of maintaining the public improvements based on the special benefits received by the property from the public improvements with property equally situated paying equal shares of the costs of the public improvements. The annual budget is subject to review by City of Lubbock staff and final approval by the City Council. The annual assessments may be adjusted as a result of the City of Lubbock staff review and City Council approval. Section 6. Apportionment of Cost between the City and the District. The City will not be obligated to provide any funds to finance the proposed public improvements or maintain the public improvements. All of the costs of the proposed public improvements and the maintenance thereof will be paid by the Developer and by assessments of the property within the District. Section 7. Management of the District. The City will manage the District, or, to the extent allowed by law, the City may contract with either a non-profit, or a for -profit organization to carry out all or a part of the responsibilities of managing the District, including the day-to-day management and administration of the District. Section 8. Advisory board. An advisory board may be established to develop and recommend an improvement plan to the City Council of the City. The signers of this petition request the establishment of the District and this petition will be filed with the City Secretary in support of the creation of the District by the City Council as herein provided. [Signature on following page] N:/DocumenVCorp/Kelsey Park. 1010.Petition for Improvement Page 2 of 5 4 Exhibit A PETITIONERS: KELSEY PARK, LTD. By. FORD DEVELOPMENT PARTNERS, LLC BY. Rex F. Robertson Its: Manager FP INVESTORS I, LLC B. Rex F. Robertson Its: Manager THE STATE OF TEXAS COUNTY OF DALLAS #fl On this, the day of July, 2012, before me, the undersigned Notary Public, personally appeared Rex F. Robertson who acknowledged that he is the Manager of Ford Development Partners, LLC and that he, in such capacity, being duly authorized so to do, executed the foregoing petition for the purposes therein contained by signing his name in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. AC Notary Public for the State of TX LORI S. NERIO Notary Public, State of Texas r,= My Commission Expires July07, 2013�- Pnnted Name of Notary My Commission Expires: ,# ©l l3 N:lDacument/Corp/Kelsey Park. 1010.Pebtion for Improvement Page 3 of 5 Exhibit A THE STATE OF TEXAS § COUNTY OF DALLAS § nn 1�i On this, they day of July, 2012, before me, the undersigned Notary Public, personally appeared Rex F. Robertson who acknowledged that he is the Manager of FP Investors 1, LLC and that he, in such capacity, being duly authorized so to do, executed the foregoing petition for the purposes therein contained by signing his name in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .rvlKr.W[. •u.a�JNa�. .i:vf: �:�r w�, ���-yl. Te mow".. Nota ry Public for the State of TX & /i%'o Printed Name of Notary My Commission Expires: _ S 7/0 /,5 WDocumenttCorplKelsey Park. 1010.Petition for Improvement Page 4 of 5 Exhibit A Exhibit A Kw.ayp" P�616 lmgio—a Oi.akt Rlw.ap An16 11. 7212 To Ne S1r4l,-F m17 W13 2914 leis 2316 2017 2013.2517 Total pmpuly W— 605,000 4,600,900 19,745A00 20,055,30e 21.713 A00 01,larun5ad p14pany.ahlcs(W%) 774.5W 4,4110,010 2.670,500 11,049,w 20,243,500 Man SnpinFanAly T.W p wly �iWaa 110,900 6,ac3,oW 1a,I21,a00 24,152A00 33A02,o00 Olawtmled P.P.1y aJwa 139%) 11TAoo 7.202.T00 13,345,2W 21,736.100 30,421.500 Bapm6np Cseh Bad— — 1.145 11A62 32 wo 10A0o 1lacalpl. Aaacll 6613 w Ti1pk�Famty @.15 per 3100 1,007 0,735 Mwil 77,074 a0115 W,517 Assaes W an rcn BLV&fsodly 41.05 po*$100 59 3,601 6.573 10.666 15.211 36.412 Total R-Op. 1,141 IOX5 21,111 37."3 53,324 125,aA &pandit- 4WMerrnea• opal. 12,000 15,909 is wo 21,we 24.OW /0.600 Ope. W,,w carts 11 Wyv IMresea) 4,11M 4AW 4,010 120 4,169 70AN C—b.0—oy a.raVaa (11.090) 113,0401 (A.0101 15T,121) AMl4dalrlali- halo (11%of 5,591 V99 13,419 C6+1.tNCI 1 of aa6'aNC6s A, NOei eup. lell w0 100A00 300.000 19o,09C 300,000 100,006 Ca..lnctmn of pnh 250A00 'A10AU0 110,000 Pam t dayala0. 1100.0011) (100000) (300,090) (750.W0) (IOO.OW) (1,650,000) Park aspMees 7limhareetl btlar6hPer 29,104 IIA" 41,151 NM E.pa16— a 0 0 00,502 55,321 116.929 Not C4.h 1.143 10,336 21.179 (22,000) 0 10am Enelnl Coal, Bal.xo 1,145 11.462 3215" i0,00q f0,000 N:/Documsnt/Corp/Kelsey Park. 1010.Petltlon for Improvement Page 5 of 5 7 Multi -Family Multi -Family (12.9 Acres) 0 (15.6 Acres) IIIIIIIIi1111 IIIIIIIIIIIIIII� IIIHIM .■■■:■■■■■■■■ .■■■■■■ ■■■■■■.■ ■■.■■■■■ Kelsey Vines Memorial Park 10