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Home My WebLink AboutResolution - 2004-R0543 - Resolution Acknowledging The Hearing Of The North Point Public Improvement Distr - 10_28_2004Resolution No. 2004-RO543 October 28, 2004 Item No. 52 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, generally covering the area between Erskine and Ursuline, and between North Quaker to a line east of Frankford and containing approximately 543 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 North Point Public Improvement District under Section 372.005 of 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 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 North Slide Road, all in accordance with the Act; and WHEREAS, the petition, a copy of which has been attached as Exhibit "A," was I 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 Point Public Improvement I 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 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 the 15th 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 proposed apportionment of cost between the improvement district and the city as a whole; and North Point Pm Findings Page 1 WHEREAS, written notice containing the information in the published notice was mailed before the 15'h 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 28th day of October, 2004, at 10:45 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 North Point 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 North Point 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 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 North Point Public Improvement District and/or the inclusion of their property in such Public Improvement District; and WHEREAS, the proponents of the North Point Public Improvement District offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the North Point Public Improvement District, and opponents of the North Point 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 Point PID Findings Page 2 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 North Point 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 Point Public Improvement District with boundaries as described in Exhibits "B" and "C" 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 of North Slide Road 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 Point Public Improvement District. c) That the total estimated cost .of services and improvements proposed to be provided by the District is approximately $430,352.00 over the next five (5) years, and that the estimated annual cost rises from $15,456.00 in the second year to $209,489.00 in year five (5). d) That the costs are based on a proposed assessmentrate of $0.14 per $100.00 of valuation through year 2010, decreasing to $0.04 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 Point PID Findings Page 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 Point Public Improvement District, City of Lubbock, Texas. SECTION 4: That the City Council shall be the governing board for the North 1 Point Public Improvement District. SECTION 5: That notice of this authorization for the North Point 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 28th day of October, 2004. OM MARTIN, MAYOR PRO TEM J ATTEST: 'may � Reb6cca Garza, City Secretary APPROVED AS TO CONTENT: I — /f. -V � Crai a , Ma aging Director of Planning and Transportation North Point PID Findings Page 4 APPROVED AS TO FORM: John M. Knight Assistant City Attorney JK:/Cityatt/John/PM findings.resolution-north point October 19, 2004 North Point PID Findings Page 5 SAMPLE Resolution No. 2004-RO543 PETITION TO CREATE October 28, 2004 THE NORTH POINT Item No.52 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 ng 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. 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 79467. 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 Ao. 2004-RO543 PRIME Wool � k ° n - s 111/111//_IIIIIIILIIIIIIui��i�>tlll/t�� loll if 11111111Ion 11111110111t=1/r1111l� ` i/11111/1f111111111IM111111111111111fI—It' �■ /�lfl/ItifN111111� �//11t/ttf�1111/f� �, n A lfeir f11/1111111Itiilil>f►'��I�Ifr/tilitil/11i1 � +� 4if,,�f IIIfIf111//Iflfti1111► �tll//�flllllfilillll ■ }11fi,111111111�111111i1111� ■/f�11.1+1QU11111rt �11111t 1fIMI 11111 rh11i11111fi111111//I1A111� 1■irt11�11f//f/ ■ +1--- ?�—+ �#flll!�11ffi lilflflo� -. �.;.. �`#�a r:.-.ram.. ■ �n1111 neF�i11 nun -� �. � ., f lilli�lflt 111141111 il11111�ilAl�ililli®®�'®: ��61y1f:'1lfit:1111111111111111111�Ifi?[11t�111;�/1/111► lilllt`/A11311:l1111® '►�'i111®1�+i11i1 /1r/olt1111i '■L1OtIt1�111" 11111/111I1lH111111111 !/fliiabltlft_1111ti1 %os'�.°4�t1EtE EMIT r�//111f 111111111�111 11 ,P %. + � �• � Ov� •,'�iii �ittsr /fl/IHIIINf111ifaItt■ :, ��C��`�S+4:k�i4'��Itii.t 111111t/HIIIII�1111i/fill i vA1� oryu 1111/IIIII��t��rllilir �— 1111n11/111/1111111111� Proposed North Pointe Public Improvement District October 2004 Resolution No. 2004-RO543 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 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 North Point PID would take effect January 1, 2005. The assessment would be available for review on October 1, 2004. Resolution No. 2004-RO543 October 28, 2004 NORTH POINTE PID Item No. 52 Proposed RevenuWExpellse Worksheet REVENUE PM" 13,800A00 57,376,000 125,023.S20 187,043,090 249.2U.M 297,770,566 =725,09 309,800,49e 315,996,509 322,316,439 322,316,430 pkmsted Property V"m 11,040,000 451900,M 100,818,816 149.635,122 199,477,11M 230.218,454 242,98(l,783 247,SW,399 25Z.797,207 257,853,151 257,653,t51 Assessneret o 30,14 - - 15,458 64,261 141,146 209,400 279,190 - - 700552 nssessrrent fo.w 95,287 91,192 99136 291,815 Total t t56 141,10 zm1ft mm97 iQ 336 i M7 1N E1pemw.$K- �R Read- rtdt a/vwy b medaa rtailterwrin Sodh of pmaef Frn, 5.7S acres O $2,356 - - 13,672 14,149 14.432 14,721 15,015 15,316 15,822 15,93S 119,063 SoWI d poser *m (de.tPeo - 13,600 _ _ _ _ - _ _ _ 13AW Nmtf of poet Fees, 1.50 saes O 92,356 - - 1,584 3,714 3,798 3,954 3,941 4,020 4,100 4,182 29,193 North of peat Fees (derelaw - 3,600 2,on _ _ - - _ 5.M Rolm of0dar(3rolalforw) - - - 12,405 12,734 12,999 13,249 13,514 13,784 14,060 92,616 on Rotatiof polar (developer)00 12A 12,240 _ _ - - _ _ _ 24,240 Nektte9tsm Entry Sta fats f2f General Mairterrance (3 rda31arw d polo) - - - 8,242 6,367 6.496 6,024 6,757 6,e92 7,030 46,409 General Me' tenanee(devdapt) - 6p00 8,120 - - - - - - 12,120 19Q d Bb Traia taedar Wkv aasenwt 50 L wtde Far bu* 17.5 aces O $2,3W _ _ _ 27,671 43,138 44,001 44,01 45,TT9 46,694 47,626 299,791 50 6. ride Far tro* (derebper) - 40,850 41,463 Kal - _ - _ - _ 98,734 Cal" Qtlav Corntr. of trai, 63,36D s% L 0s3.59 - SW,7W - 221,790 - - - - - - - 221.760 RtMNnmertkart deleboer - (297,810) (61,911) (14,621) (374.142) R '80-88 127,419 196 037 374,142 Total 15,459 m 141 W AN 748 $5 385 t7 0e3 f35 fat h3 Cash Reserves 6 e 9,452 10,353 75t 754 7top"VeW g..dl 2%-U* ASSES9601r eFOR6MUM +amMtprS"ll" S Sa.oe tptr SieeeM f 40-00 Exhibit "B" Resolution No. 2004-R0543 October 28, 2004 Item No. 52 An area within the City of Lubbock, generally covering the area between Erskine and Ursuline, and between North Quaker to a line east of Frankford and containing approximately 543 acres, as shown in Exhibit C. 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