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HomeMy WebLinkAboutResolution - 2023-R0531 - Cypress Ranch PID Petition - 10/24/2023Resolution No. 2023-R0531 Item No. 6.3 October 24, 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 Cypress Ranch and which is depicted and described in the attached "Exhibit 2"; and, (b) the record owners of real property liable for assessment under the PID Petition who: (1) constitute more than fifty percent (50%) of al l 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 tiie 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) (i) acquisition, construction, of 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, hardscaping and irrigation; and (b) payment of costs associated with developing and financing the public improvements listed in subdivision (a) including costs of establishing, 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, November 14, 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 "�;�I�ibit 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. Passed by thc City Council this 24th day of October , 2023. TRAY PA,XNE, MAYOR ATTEST: Courtney Paz, City Se ary APPROVED AS TO CONTENT: , u Ko ich, Chief Fin ial Officer APPROVED AS TO FO1tM: Kelli Leisure, Senior Assistant City Attorney Resolution No. 2023-R0531 � � � � BETENBOUGH HOMES� October 2, 2023 Brianna Brown Business Development Director City of lubbock 1314 Avenue K Lubbock, TX 79401 RE: Cypress Ranch Public Improvement District Dear Honorable Mayor and City Council, Cypress Ranch PID is a residential development within the city limits of the City of Lubbock generally bounded to the North by the Levelland Highway, to the East by agriculture land, to the South by railroad tracks, and to the West by Inler Avenue. We are proposing to create a Public Improvement District, "PID", to maintain the public improvements for Cypress Ranch. In order to comply with the "Public Improvements District Policies and Guidelines", we are providing information as required in Section III. "Guidelines", b. "Petition Requirements": Betenbough Homes has purchased/optioned almost 99.5854 acres. Betenbough Homes plans to invest $500,000.00 in improvements for this central park and basin system, and basin system to the East 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 5 of the accompanying Petition. 5. If there is sufficient 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 and basin 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 city staff, and approved by City Council. � � � . � 4 BETENBOUGH HOMES�' 6. This requirement has been met by the map and description of the area that is attached to this Petition. 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 $500,000.00 and will be paid and constructed by the developer. Betenbough Homes does not desire any reimbursement. The estimated cost of the maintenance is approximately $50,000.00 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 $.15 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 5 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 � Chris Berry Land Development Manager Betenbough Homes PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IMPROVEMENTS IN THE CYPRESS RANCH PUBLIC IMPROVEMENT DISTRICT THE STATE OF TEXAS § § CITY OF LUBBOCK § TO: THE HONORABLE MAYOR AND CITY COUNCII. 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 "AcY'), request that the City of Lubbock create a public improvement district (the "District") in the territory 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°Io 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°Io 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 in common areas and designated right-of-way areas directly adjacent to proposed deeded common areas is: (i)acquisition, construction, of 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, hardscaping 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: $500,000 estimated for proposed public improvements as mentioned in section 2. Annual maintenance costs -$50,000 for proposed improvements made by developer. 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 how the costs of the public improvements are assessed to property on the basis of the special benefits. The result will be that equal shares 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 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 iinal 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 fnance 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-proiit, or a for-proiit organization, including a Public Facilities Corporation created by the City pursuant to Chapter 303, Texas Local Government Code, 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 "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] � PETITIONERS: Betenbough Homes, LLC Chris Berry, L d Planning Manager �KAREN ESTES N�otery ��t�i 8 9�e� THE STATE OF TEXAS § ������ § COUNTY OF LUBBOCK & On this, the ��,� day of V��, 2023, before me, the undersigned Notary Public, 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. Notary ublic Signature 3 EXHIBIT A DESCRIPTION FOR A 99.584 ACRE TRACT LOCATED IN SECTION 41, BLOCK AK, E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO. 185, LUBBOCK COUNTY, TEXAS A 99.584 acre tract located in Section 41, Block AK, E.L. & R.R. RR. Co. Survey, Abstract No. 185, Lubbock County, Texas, being that certain tract of land conveyed to Betenbough Homes, LLC described in a General Warranty Deed and recorded in County Clerk's File Number (CCFN) 2022057736 of the Official Public Records of Lubbock County, Texas (OPRLCT), said 99.584 acre tract being further described by metes and bounds as follows: 1) BEGINNING at a point in the south line of that certain tract of land conveyed to James A. Foy, Jr. and wife, Ann Smith Foy as described in a Warranty Deed with Vender's Lien recorded in Volume 4973, Page 192 of the Real Property Records of Lubbock County, Texas, and the north line of that certain 34.101 acre tract of land conveyed to Don and Jason Sturgeon described as Tract 5 in a Special Warranty Deed recorded in CCFN 2014001469 of the OPRLCT, for the most western northwest corner of said 99.584 acre tract, having coordinates of Northing: 7,272,570.01 and Easting 900,236.37 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the calculated northwest corner of said Section 41, bears N. 88° 08' S4" W. a distance of 360.45 feet and N. O1 ° 51' 15" E. a distance of 2222.83 feet said section corner having coordinates of Northing: 7,274,802.80 and Easting: 899,948.09 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone; 2) THENCE S. 88° 08' S4" E., along the south line of said Foy Tract, a distance of 907.91 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453", found at the southeast corner of said Foy Tract and an ell corner of said 99.584 acre tract; 3) THENCE N. O1 ° 53' 03" E., along the east line of said Foy Tract, a distance of 913.96 feet to a 1/2" iron rod, found at the southwest corner of that certain tract of land conveyed to Texas Green, a Limited Partnership as described in a Warranty Deed with Vendor's Lien recorded in Volume 1866, Page 515 of the Deed Records of Lubbock County, Texas, and the the most northern northwest corner of said 99.584 acre tract; 4) THENCE S. 88° 04' 18" E., along the south line of said Texas Green Tract, a distance of 1266.11 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC.", found in the west line of that certain tract of land conveyed to Szu Han Ho as described in a Warranty Deed with Vendor's Lien recorded in CCFN 2007018821, for the southeast corner of said Texas Green Tract and the northeast corner of said 99.584 acre tract; 5) THENCE S. O1" 55' 39" W., along the west line of said Ho Tract, a distance of 2726.73 feet to a 1" iron pipe, found in the north line of that certain tract of land conveyed to Lubbock and Western Railway L.L.C., as described in a Texas Special Warranty Deed recorded in CCFN 2015029381 of the OPRLCT, being the south common corner of said Ho tract and said 99.584 acre tract, having coordinates of Northing: 7,270,686.80 and Easting 902,347.04 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone; 6) THENCE N. 70° 17' 26" W. along the north line of said Lubbock and Western Railway Tact, a distance of 2280.94 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453", found for the southeast corner of said Sturgeon Tract and the southwest corner of said 99.584 acre tract; 7) THENCE N. O1 ° 51' 26" E. a distance of 1115.00 feet to the POINT OF BEGINNING. Bearings and coordinates are relative to the Texas Coordinate System of 1983 (2011), Texas North Central Zone, as determined by a point of origin located at Northing: 7,277,349.71 and Easting: 902,664.753. The convergence angle to True North is (-)O1°54'32.90" and a combined scale factor of 0.9997611. Distances are at surface, in U.S. Survey feet. I, Landon Merritt, Registered Professional Land Surveyor, do hereby certify that this description was prepared from an actual survey of the property and that the information hereon represents the findings of this survey to the best of my knowledge and belief. 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Z'�"i x z 0 F� V�fX wo �ow�, zzp� . ., z r,,a o � > a_oae �oa`�o wzC4o � Q C, c F�Q�� QaaZ� -� z ' �,o°oM � a N ?�`nQOn �'r+1^U\ Q�nUW m z0"�rr �,�c4 �aw .,�0 a w� a c / .. j G " °i� q �`a. � C � � � � Y � L h � Q 3 Q% Y � C �� o. �� � � Z � N � G � �9 u y 6 � � L d a � U e � S y a � � � S x 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 Cypress Ranch 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 (October 10, 2023), in the area known as Cypress Ranch, as shown on the attached map; the petitioners own 100% of the area within the proposed Cypress Ranch 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 Cypress 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 13th day of October, 2023. (City Seal) Courtney Paz City Secretary City of Lubbock Lubbock County, State of Texas City of �C TEXAS Date: October 12, 2023 To: Courtney Paz, City Secretary From: Brianna Brown, Business Development Director CC: Blu Kostelich, Chief Financial Officer Re: Cypress Ranch 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 (.`ypress Ranch 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 Cypress Ranch PID area so they pass the area test. The notarized signature on the Cypress Ranch 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. a� a� O LL �n � N O N 0 - � _ v _ � � H H � i � � V Z< � �� U� `� � d � N 00 1%1 � � � C � � j O N M � n Y � � W C t/) � i�. � ;o �m �^ Y � � W �. �--I � N d N � O H V � � N Oi 01 v Q a a+ o 0 o°c a °� N `'' u v d y oc E G � N N M � � v�i N � J [C Q N Q � O 'y V � O V w �O = � a` � Q 0 p Y a Q � L J m C K W N � N m � N a a v a+ � � � � � Y � U W m 3 m � � � N � Z N W N O M �D J J Wc G C 10 � Z = N C � 3 = � m Z w F w m 0 � N W �"� a �+ o � a m �