HomeMy WebLinkAboutResolution - 2023-R0088 - Accept Upland Crossing 3 PID Petition and call for Public HearingResolution No. 2023-R0088
Item No. 6.7
February 14, 2023
RESOLUTION
WHEREAS, the City of Lubbock, Texas (the "City") has received a petition requesting the creation
of a public improvement district (the 'PID Petition") according to Chapter 372 of the Texas Local
Government Code (the "Code"), and a copy of the PID Petition is attached as "Exhibit 1" to this
Resolution; and
WHEREAS, the PID Petition contains signatures from:
(a) The owners of taxable real property representing more than fifty percent (50%) of the
appraised value of the real property liable for assessment within the area described in the PID
Petition as determined by the current roll of the Lubbock Central Appraisal District, with such
area being known as Upland Crossing 3 and which is depicted and described in the attached 'Exhibit
2;"and, i
(b) The record owners of real property liable for assessment under the PID Petition who:
(1) Constitute more than fifty percent (50%) of all record owners of property that is liable
for assessment under the area depicted and described in the PID Petition; and
(2) Own taxable real property that constitutes more than fifty percent (50%) of the area
of all taxable real property that is liable for assessment under the area depicted and described in
the PID Petition; and
WHEREAS, the PID Petition has been examined and verified by City staff and is now found by
the City Council of the City (the "City Council") to meet the requirements of the Code and to be
sufficient for consideration by the City Council; and
WHEREAS, the City Council desires to accept the PID Petition and desires to schedule a public
hearing to consider the formation of a public improvement district for the area depicted and
described in 'Exhibit 2," with such public improvement district proposed to provide for the:
(a) Acquisition, construction, or drainage facilities or improvements, the design, construction,
and maintenance of parks and green spaces, together with any ancillary structures, features, or
amenities such as playgrounds, splash pads, pool(s), athletic facilities, pavilions, community
facilities, irrigation, walkways, lighting, benches, trash receptacles and any similar items located
there in along with all necessary grading, drainage, and similar infrastructure involved in the
construction of such parks and greens; landscaping, hardscaping and irrigation; and
'(b) Payment of costs associated with developing and financing the public improvements listed
in subdivision (a) including costs ofestablishing, administering, and operating the District: NOW,
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the Council finds that the PID Petition meets the requirements of the Code
and, therefore, the Council hereby accepts the PID Petition as presented by the petitioner.
SECTION 2: THAT a public hearing is hereby scheduled at 2:00 PM, March 7, 2023, in the
City Council Chambers, 1314 Avenue K, Lubbock, Texas, to receive public comment on the
formation of a public improvement district for the area depicted and described in 'Exhibit 2."
SECTION 3: THAT notice of said hearing shall be published in a newspaper of general
circulation in the City before the fifteenth (15th) day prior to the hearing.
SECTION 4: THAT written notice shall be mailed to each property owner, as reflected on
the tax rolls, of the property subject to assessment under the proposed public improvement district,
before the fifteenth (15th) day prior to the date set for the hearing. I
Passed by the City Council this 14th day of February , 2023.
ATTEST:
'Pj-�
Rebe a Garza, City Secr
APPROVED AS TO CONTENT:
— --I�L /'/T�
D. u Kos elich, Chie inancial Officer
APPROVED AS TO FORM:
I&
elli Leisure, Assistant City Attorney
Ccdocs://UC3 Petition Resolution and Calling Public Hearing
2.8.23
Resolution No. 2023-R0088
��I�daa
BETENBOUGH
HOMES
February 3, 2023
Brianna Brown
Business Development Director
City of Lubbock
1314 Avenue K
Lubbock, TX 79401
RE: Upland Crossing, Public Improvement District 3
Dear Honorable Mayor and City Council,
Upland Crossing 3 PID is a residential development within the city limits of the City of Lubbock bound on
the North by 261 Street, adjacent to the East by Pine Hills Estates, and adjacent to Upland Ave on the
West and 340 Street to the South. We are proposing to create a Public Improvement District, "PID", to
maintain the public improvements for Upland Crossing 3 PID.
In order to comply with the "Public Improvements District Policies and Guidelines", we are providing
information as required in Section Ill. "Guidelines", b. "Petition Requirements":
1. Betenbough Homes has purchased/optioned almost 22.646 acres. Betenbough Homes plans to
invest $250,000 in improvements for this park system before it would be deeded over to the City of
Lubbock and the PID. We will be here to help keep the PID healthy and thriving. We have vested
Interest in making this PID healthy and self-sufficient.
2. This requirement is addressed in Section 5 of the accompanying Petition.
3. This requirement is addressed in Section 1 of the accompanying Petition.
4. This requirement is addressed in Section S of the accompanying Petition.
S. If there is suffident support to petition to dissolve the Public Improvement District certain
requirements in addition to sufficient support must be met in order to dissolve the PID. Those
requirements include arrangements to transfer ownership and maintenance of the City owned and PID
maintained property. These arrangements are to be made by the City Manager or designee with funds
available to the PID. Betenbough Homes will have been responsible for some maintenance before the
park system would be deeded over. With having supported some maintenance, we feel we will have an
accurate representation of cost to propose for the service plan. So far, all of our proposed service plans,
are reviewed by dry staff, and approved by city council.
6. This requirement has been met by the map of the area that is attached to this Petition.
B ETEN B OUGH
HOMES
7.Operation of the PID process shall be consistent with the bylaws for Public Improvement Districts for
the City of Lubbock. If a board is not established, then the operation of any PID actions will be managed
by the City Manager or designee.
8. This requirement is generally addressed in Section 2 of the petition. Addressing this specific PID there
will be a drainage basin that will function as drainage storage for the community. The PID will allow the
basin to be well maintained.
9. Each parcel of City -owned land will be identified as a "Tract" at time of platting.
10. General description of proposed improvements is addressed in Section 2 of the Petition.
11. The estimated total cost of the improvements is approximately $250,000 and will be paid and
constructed by the developer, Betenbough Homes does not desire any reimbursement. The estimated
cost of the maintenance is approximately $10,000 per year and is to be paid for by the PID as soon as
the funds are available. This is the estimated cost for the entirety of the "park system".
12. Addressing this requirement we have provided a service and assessment plan that is attached as part
of this application.
13. Method of assessment will be based on the net taxable value of the affected properties and will be
assessed at $.18 per $100.00 valuation.
14. Documentation of liability Insurance will be provided as requested by the City of Lubbock.
15. This requirement is addressed in Section 6 of the accompanying Petition.
16. This requirement is addressed in Section S of the accompanying Petition.
17. This requirement is met with the attached spreadsheet documenting the provided service and
assessment plan.
Our goal is to provide all of the Information requested to continue with the creation of this PID. Please
let us know if you have any questions or require any additional information.
X
64-
Chris Berry
Land Development Manager
Betenbough Homes
PE'IITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE
IMPROVEMENTS TO UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT
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 territory described in
Exhibit A attached hereto (the "I.and") 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 proubsed gublic improvements. The general nature
of the proposed public improvements is: (i)acquisition, construction, or drainage facilities or
improvements, (ii) the design, construction and maintenance of parks and green spaces, together
with any ancillary structures, features or amenities such as playgrounds, splash pads, pool(s),
athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash
receptacles and any similar items located there in along with all necessary grading, drainage, and
similar infrastructure involved in the construction of such parks and greens; landscaping,
handscaping and irrigation; and (ii) payment of costs associated with developing and financing the
public improvements listed in subdivision (i) including costs of establishing, administering and
operating the District.
Section 3. Estimated cost of the proposed public improvements and annual
maintenance: $250,000 estimated for proposed public improvements as mentioned in section 2.
Annual maintenance costs • $10,000 for proposed improvements made by developer.
Section 4. Boundaries. The proposed boundaries of the District are described in
Exhibit A and Exhibit B.
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 accruing to
property in the District and how the costs of the public improvements are assessed to property on
the basis of the special benefits. The result will be that equal shaves of the costs will be imposed
on property similarly benefited
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 and 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 will be paid by
assessments of the property within the District and from other sources of funds, if any, available
to the developer of the Land.
Section 7. Management of the District. The City will manage the District, or a
partnership between the municipality or county and the private sector, to the extent allowed by
law, the City may contract with either a non-profit, or a for -profit organization, including a public
Facilities Corporation created by the City pursuant to Chapter 303, Texas Local Government Code,
to cant' out all or a part of the responsibilities of managing the District, including the day -today
management and administration of the Distria
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 "City Council").
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]
-2-
PETITIONERS:
Betenbough Homes LLC
C. Vky
Chris Berry, Land Planning Manager
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
On this, the day , 2023, before me, the undersigned Notary
Public, personally Paddi Moya o acknowledged that he is Connections Specialist of
Betenbough Homes, 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
PATRICIA M. MOYA
19 Eq"w1$=
Nfty Pdk 5w of Texas
Signature Page for Petition
AMD Engineering and Surveying
A 21A46 ACRE TRACT IN
THE SOUTHWEST QUARTER OF
SECTION 43, BLOCK AK,
E.I.. & R.R. RR. CO. SURVEY, ABSTRACT NO.134,
LUBBOCK COUNTY, TEXAS
A 21.646 ate tract of lend located is the Southwest QWAW (S W/4) of Section 43, Block AK. E.L. dt R.R.
RR. Co. Swvey, Abstract Number 184, Lubbock County. Texas, bang all of that certain trap of lead
desen'bed as 17.70 acres in a Warranty Deed Pm de Inv 1472, Page 646 of the Deed Records of
Lubbock County. Texas, and a portion of that certain tract of land described as 4.25 acres in a Warranty
Deed nceorded in Vohute 6043, Page 101 of the Real Property Records of Lubbock Ceo*, Texas. said
21 A46 acre tract being farther described by metre mull m - I as folkhws:
BEGINNING at a "MAO" nail set in the centerline of Upland Avenue and in the west line of said Section
43 at the southwest center of said 17.70 acre tract, sane being the most westerly northwest corner of the
plat limits of pine Bills Addition, a subdivisica according to the map, plat and/or dedication deed thereof
recorded in volume 1709, Page 661 ofthe Deed Records of Lubbock County. Texaa, and for the southwest
corner of these plat limits, having coordinates of Northing: 7,270,725.47 and Essl 910,383A1 of the
Texas Coordinate Systan of 1983 (2011 h Texas North Central Zone, whence a railroad spice found at the
soatlwest comer of acid Section 43 bears S. 01° 52' 44" W. a distaaoe of 1539.75 fed, said section center
having coordinates of Northing: 7",186.91 and Easting: 910,332.94 of the Texas Coordinaa System of
1983 (20111 Texas North Central Tame;
THENCE N. 010 52' 44" 6, $10% the centerline of Upland Avenue and the wrest line of said Section 43
of a distance of 17&25 feet pass a railroad spike fond. eomin uiag for a total distance: of 204-33 fed to a
"MA(" nail set for the most westerly northwest eorner of chase plat limits, same being the muthvnd comer
of tat certain 1.00 an tract of land described in a Warranty Deed recorded in County Clank's Fik Number
201 SM570 of the Official Public Records of Lubbock County, Texas;
THENCE S. Br 08' 32" I. at a distance of SS.00 fat pass a I/2" iron rod with a cap marked "AMD
ENGINEERING" an is the east fight-cf-way, line of Upland Avenue, heein dedicated, conthwiag at a
distance: of 55.61 fat pas a U2" iron red with a green broken cap fimud. continuing fora low distance of
29624 fed to a 1/2" iron rod with a cap mauled "RPLS 44W found at the southeast comer of said 1.00
acte pact for an al corner of these plat limits;
THENCE N. 01° 48' 47" I- along the east fins of five tracts of land, being: (1) said 1.00 ace pad. (2)
Lynch Addition, Las 1-A and 1.13, as addaion to the City of Lubbock, I abbock County, Taxes, accof tti
to the map, plat and/or dedication deed th roof traded in Volume 8252. Page 220 of the WNW public
Retards of Lubbock County, Texas, (3) that amain I -SO am tract of kind described in a Warranty Deed
rcearded In Volume 2783. Page 126 of the Rol Property Records of Lnbbodc County, Taus, (4) that
catain O.94 acre pact of land described in a Warmie Deed teoorded in Volume 4827, Page l88 ofdw Real
Properly Lubbock. ec Hof Lubbock County. Tara, and (S)Crenwelp Addition. Lot 1. an addition to the City of
County, Texas, exerting to We map, plat and/or dedication deed thereof recorded in
Volume $116, Page 195 of the Rol Property Records of Lubbock Canty, Texas, at a distance of 868AS
fed pass a Ur iron rod with a cap marked "AMD ENGINEERING" set In the south right-of-way line of
26th Shut, herein dedicated, continuing for a total distaha a distance of 900.45 feet to a lR" iron rod with
a cap marked "AMD ENG" set In the north line of said Somhwost Quarter (S W/4) for die northwest coma
ofsaid 425 sera tract and the most nokllafy northwest comer of Wee plain limft having eoadindw of
NolhEnF 7,271,819.0 and Eating: 910.714.61 of the Tams Coordinate System of 1983 (201 Ik Tacos
Nate Central Zone, wheaa a contort apuadk found in the cetaline of sold Upland Avarm at the west
441erter antler of acid Section 43 beers N. Or 1 V 07" W. a distance of 29521 feet, said 9twato sedimt
caner having 000rdinst of Northing: 7.271.829.17 and Ealing; 910,419.61 of the Taxes Coordinate
System of 1983 (2011). Taxes North Caudal Zone
THENCE S. W 1 t' 07" 1, along the 900 line of said Soud west Quarter (SW/4), a distance of 317.31
fed to a W iron rod with a cap marked "AMD ENGINEERING" sec for a coax of these plat limits;
THENCE S. 01" 54. 23" w, at a distance of 32.00 Ant pass a lir iron rod with a sap marked "AMD
ENG" sec in the south tight -of --way line of said 26th Stram continuing for a total &am= of 200.00 fed tv
a 11r iron rod with a cap marked "AMD ENGINEERING" set for an ell cones ofttese plat limits
6s1368*Sued,Sake 300 TWER%aF•9197 Oniee (8061771-3976
Lubbock Tam79114 TDFF S Reg, /10178500 Fee: (806) 771.7625
AMD Engineering and Surveying
THE14CE S. 8r 11' 07" L a distance of 256.23 fat to a la" iron rod with a tiP marked "AMD
ENGINEERING" set for an ell amen of these plat limits
THENCE N. OP 54' 23" E, at a distance of 168.00 fed pass a I/2" iron rod with a cap marked "AMD
ENGINEERING" sct in the south right-of-way line of said 26th Street, continuing for a total distance a
distance of 200.00 fed to a I/2" hoo rod with a cap marked "AMD ENGINEERING" set in the north line
of said Southwest Quarter (S W/4) for a comer of these plat limits
THENCE S. 88" 11' Or E, along the north See of said Soodw/ t Quarter (SW/4). a distance of 272.00
fat to a Ur iron rod with a asp marked "AMD ENGINEERING" set fordo nordwast comer ofsaid 17.70
acne tract and time plat limits, having coordiaata of Norlbiolp 7,271,793.04 and Eastiag 91 I,559.72 of
the Texas Coordinate System of 1983 (2011). Texas North Central Zane;
THENCE S. 01" S4' 23" W, a3oag the wed phut limits of said Pine Hills Addition at a distance of 32.00
feet pass a 1/2" iron rod with a cap mmked "AMD ENG0 MRIW set in the south right-of-way line of
said 26th Sneer, coati at a dh mroe of 45.69 fat pass the south riga"f-way line of 26th Strew as
dedicated with the plat of said Pare Hlh Addition, continuing fora WW distance of 1 I OS.33 fed to o l/2"
iron rod with a asp marked "AMD ENGINEERING" set at as ell comer of the pie limits of said Pine Hills
Addition for the southeast atmer of said 17.70 ace tract and chase plat limits, having coordimtes of
Nat 7.27.S9 and Fasting 911.S22.96 of the Texas Coordinate System of 1983 (2011) Texas
North central ZINN;
THENCE N. 88° 08' 47" W, at a dtstaQoe of 1085.42 fat pass a 14" non rod with a rap marked "AMD
ENGINEERING" set in the cast right-of-way fare of said UpWW Avenue, continuing for a total distance
of 1140.42 fat to the Plat of Beglaahrg. Bearings and coordtown am based on the Texas Coordinate
System of 1983 (201 IX Texas North Central Zone. The convergence angle to True North is -1 ° 53' 3S.SS"
and due combined scale factor is 0SMS986. Distances are at surface, in U.S. Un" fen.
1, Nouns Stevens, Registered Professional nand Surveyor, do hereby oerully that this desa ue n was
prepared from an actual storey of the property and that the inAnution hereon represents the findings of
this survey to the best of my knowledge and belief.
Surveyed August 31.2021
Norris Stevens
Registered Professional Land Surveyor,
State ofTexas, Seal No. 4339
••Revised lfM= Cerrested die beadag en dw V c dl. '1.O/- ZOO
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65I560 Seep, Su6a 300 TIM Rea. a F-9197 tMior 006)771,3976
I abbock. Taus 79M T11M. Ace. a10170Sa0 Fmc (806) 7717623
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CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATION OF SUFFICIENT PETITION
I hereby certify, in the performance of the functions of my office, that the attached
petition, from property owners requesting the City of Lubbock establish a Public
Improvement District (PID) for the proposed Upland Crossing 3 development, has been
verified and is sufficient. And, that Public Improvement Districts can only be initiated by
a petition of property owners who meet a value test and an area test, pursuant to Texas
Local Government Code, Sec. 372.005 (b). And, the statutory two test requirement was
met: (1) petition is 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 (February 8, 2023), in the area known as Upland Crossing 3, as
shown on the attached map; the petitioners own 100% of the area within the proposed
Upland Crossing 3 PID; (2) 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; the petitioners own 100% of the total area within the
proposed Upland Crossing 3 PID area.
I further certify that I am the City Secretary of the City of Lubbock, that said
documents appear of record in my office, 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 the 9th day of February, 2023.
(City Seal)
Rebec4a Garza
City S retary
City of Lubbock
Lubbock County, State of Texas
bbock
TEXAS
Date: February 8, 2023
To: Becky Garza, City Secretary
From: Brianna Brown, Business Development Director
CC: Blu Kostelich, Chief Financial Officer
Re: Upland Crossing 3 Public Improvement District Petition
Recently, the City of Lubbock received petitions from Property Owners requesting the City
of Lubbock establish a Public Improvement District (PID) for the proposed Upland
Crossing 3 development shown on the attached map. PID establishment 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 percent of the appraised value of the taxable real property liable
for assessment by the current roll of the appraisal district (February 8, 2023). Since the
petitioners own 100 percent of the taxable real property value within the boundary, the
petition 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 percent of the number of record owners or the record owners of
more than 50 percent of the area within the PID. The petitioners own 100 percent of the total
area within the proposed Upland Crossing 3 PID area so they pass the area test.
The notarized signature on the Upland Crossing 3 petitions were validated by a visual review
and owners on the petitions were verified against the current tax roll received from Lubbock
Central Appraisal District by the Business Development Department and reviewed by GIS
and Data Services.
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Parcels 0 125 250
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