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HomeMy WebLinkAboutResolution - 2004-R0514 - Resolution For A Public Hearing - North Point Public Improvement District - 10_11_2004Resolution No. 2004-RO514 October 11, 2004 Item No. 52 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) the proposed North Point Public Improvement District (PID) covers the area between Erskine and Ursuline, and between North Quaker to a line east of Frankford. This area is approximately 543 acres, 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 Point 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 maintaining the common areas on North Slide and adjacent right of way; creating and maintaining a green space located under a utility easement; and enhancing and maintaining amenities in the entry stations on Slide Road, 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 11 am, Thursday, October 28, 2004, in the City Council Chambers, 1625 13`h Street, Lubbock, Texas, to receive public comment on the formation of a North Point 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 15th day prior to the date set for the hearing. Passed by the City Council this 11th day of October , 2004. TOM MARTIN, MAYOR PRO TEM ATTEST: Re ecca Garza, City Secretary APPR A CONTENT: Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: ohn M. Knigh ssist ity Attorney S/PID Hearing Resolution2 24, 2004 Resolution No. 2004—RO514 PETITION TO CREATE THE NORTH POINT 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 SIERRA PLATEAU LTD 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 executina this petition, the foreaoino person represents and warrants that he or she is 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. 5240 ITASCA ST, LUBBOCK, TX 79416 Property Address(es) Please return the signed petition by August 9, 2004 to: Rob Allison, Business and Neighborhood Development Manager, City of Lubbock, P O Box 2000, Lubbock, TX 79457. R301711 Located at: 5240 ITASCA ST, LUBBOCK, TX 79416 SIERRA PLATEAU LTD 7170 W WIND DR STE 101, EL PASO, TX 79912-1744 Exhibit "A" Resolution No. 2004-RO514 NORTH POINT PUBLIC IMPROVEMENT DISTRICT (PID) The proposed North Point Public Improvement District (PID) generally covers the area between Erskine and Ursuline, and between North Quaker to a line east of Frankford. This area is approximately 543 acres. The proposed boundaries are shown on the attached map. The purpose of the PID is to maintain the common areas on North Slide and adjacent right of way; creating and maintaining a green space located under a utility easement; and enhancing and maintaining amenities in the entry stations on Slide Road. 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 $0.14 per $100 valuation, an owner with a property valued at $100,000 would pay an assessment of only $140 per year for maintaining the public improvement areas. It is expected that the assessment rate would be no more than $0.14 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 213 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 North Point PID would take effect January 1, 2005. The assessment would be available for review on October 1, 2004. Exhibit "B" EMU -1 ORA MMNN VIT