HomeMy WebLinkAboutResolution - 2005-R0550 - Schedule Public Hearing Regarding Vintage Township Public Improvement District - 11/18/2005Resolution No. 2005-RO550
November 18, 2005
Item 6.5
RESOLUTION
WHEREAS, a petition has been received from the record owners
of taxable real property representing one hundred percent (100%) 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
proposed Vintage Township Public Improvement District (PID) which
covers a portion of an area in the City of Lubbock, Lubbock County,
Texas, bounded by 1141h Street on the North, Quaker Avenue on the East,
FM 1730 on the South, and Slide Road on the West, AND the record
owners of taxable real property that constitutes all 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
Vintage Township 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) the design, construction and
maintenance of parks and greens together with any ancillary structures,
features or amenities such as playgrounds, athletic facilities, pavilions,
community facilities, bridges, walkways, lighting, benches, trash
receptacles and similar items located therein along with all necessary
grading, drainage and similar infrastructure involved in the construction of
such parks and greens; landscaping, hardscaping and irrigation; the design,
construction and maintenance of water features such as lakes, ponds and
fountains; distinctive lighting and signs; construction and improvement of
pedestrian malls, passages or pathways including pedestrian bridges;
design, construction and improvement of vehicular bridges and low water
crossings; design, construction and improvement of community meeting
halls or similar buildings; design, construction and improvement of
community monuments, towers, and other amenity -type structures;
acquisition and installation of art work; design, acquisition, installation
and improvement of telecommunication and similar technology systems;
and special supplemental services as defined in the Act, together with
related permits and licenses; and (ii) payment of costs associated with
developing and financing the public improvements listed in subdivision (i)
including costs of issuing bonds and funding debt service and capitalized
interest reserves for such bonds and 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
10:15am, Thursday, December 15, 2005, in the City Council Chambers,
1625 13th Street, Lubbock, Texas, to receive public comment on the
formation of a Vintage Township 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 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
15th day prior to the date set for the hearing.
Passed by the City Council thi
ATTEST:
eb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Rob Alli n
Director of Business Development
Lc: city aWLindaNintage FID hearing I resolution
November 8, 2005
APPROVED AS TO FORINT:
Linda Chamales, Senior Attorney
Office Practice Section
Resolution No. 2005-RO550
EXHIBIT "A"
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE
IMPROVEMENTS TO VINTAGE TOWNSHIP RESIDENTIAL COMMUNITY
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 "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 all 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 all 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) the design, construction and maintenance of parks
and greens together with any ancillary structures, features or amenities such as playgrounds,
athletic facilities, pavilions, community facilities, bridges, walkways, lighting, benches, trash
receptacles and similar items located therein along with all necessary grading, drainage and
similar infrastructure involved in the construction of such parks and greens; landscaping,
hardscaping and irrigation; the design, construction and maintenance of water features such as
lakes, ponds and fountains; distinctive lighting and signs; construction and improvement of
pedestrian malls, passages or pathways including pedestrian bridges; design, construction and
improvement of vehicular bridges and low water crossings; design, construction and
improvement of community meeting halls or similar buildings; design, construction and
improvement of community monuments, towers, and other amenity -type structures; acquisition
and installation of art work; design, acquisition, installation and improvement of
telecommunication and similar technology systems; and special supplemental services as defined
in the Act, together with related permits and licenses; and (ii) payment of costs associated with
developing and financing the public improvements listed in subdivision (i) including costs of
issuing bonds and funding debt service and capitalized interest reserves for such bonds and costs
of establishing, administering and operating the District.
Section 3. Estimated cost of the proposed public improvements: $6,000,000.
Section 4. Boundaries. The proposed boundaries of the District are described on
Exhibit A.
LUB200/58000
Dallas 1034400_1 -DOC
Section 5. Method of assessment. An assessment methodology will be prepared that
will address (i) how the costs of the public improvements financed with the assessments are
assessed against the property in the District, (ii) the assessments to be collected each year, (iii)
provisions providing for the prepayment of the assessments at the option of the owner of any
parcel, (iv) the reallocation of the assessment upon the subdivision of a parcel, and (v) reduction
of the assessments for costs savings (pursuant to the annual review of the service plan for the
District) and repayment of bonds issued to finance the public improvements. 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 shares of the costs will be imposed on property similarly benefited.
In assessing the costs of the public improvements, property will be classified based on the
use of the public improvements. For example, larger homes may generate more use of the public
improvements than smaller homes. Accordingly, there may be a classification of property on the
basis of the size or type of homes that may be built on a parcel. Costs may also be assessed on
the basis of the value of the property, or upon a combination of size or type of house and value of
property. Property may also be classified on the basis of the location of the property within the
District, if some sections of the District receive more public improvements or public
improvements of greater cost than other sections of the District.
The assessment methodology will result in each parcel paying its fair share of the costs of
the public improvements provided with the assessments 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.
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. 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. 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
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 S. 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").
This petition will be filed with the City Secretary in support of the creation of the District
by the City Council as herein provided.
LUB200/58000
Dallas 1034400_I.DOC
[Signature on following page]
-2-
PETITIONERS:
STELLAR LAND COMPANY, LTD.
a Texas limited partnership
By: STELLAR LAND GP, L.L.C., a
Texas Limited Liability Company
ItWaulD.PSte'1k--1j
er
B
Sole Member
and
VINTAGE LAND COMPANY, LTD.
a Texas limited partnership
By: VINTAGE LAND GP, L.L.C., a
Texas Limited Liability Company
Its ene Partner
By:
Paul D. Stell
Sole Member
Signature Page for Petition
THE STATE OF TEXAS
COUNTY OF LUBBOCK
On this, the ` day of &C b e r , 2005, before me, the undersigned Notary
Public, personally appeared Paul D. Stell, who acknowledged that he is the sole member of (i)
Stellar Land GP, L.L.C., the general partner of Stellar Land Company, Ltd., and (ii) Vintage
Land GP, L.L.C., the general partner of Vintage Land Company, Ltd., 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.
Q r
(�TINA IVINS _
_.` Nofary Public, State of Texas Notary Public Signature
I
My Commission Expires
March 26, 2007
Acknowledgement Page for Petition
Exhibit "A"
The Land
METES AND BOUNDS DESCRIPTION for a 275.539 acre tract of land located in Section 23, Block E-2, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the North line of Section 23, Block E-2, Lubbock County, Texas, which bears
S. 89°57'29" W. an approximate distance of 962.23 feet from the Northeast corner of said Section 23, Block E-2;
THENCE S. 00°02'31" E. an approximate distance of 260.42 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 153.42 feet to a point;
THENCE S. 44059'57" W. an approximate distance of 90.00 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 785.85 feet to a point;
THENCE N. 44°59'57" E. an approximate distance of 102.16 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 18.52 feet to a point;
THENCE N. 89059'57" E. an approximate distance of 160.00 feet to a point;
THENCE S. 00000'03" E. an approximate distance of 164.00 feet to a point;
THENCE N. 89°59'57" E. an approximate distance of 11599 feet to a point in the East line of said Section 23, Block E-2;
THENCE S. 00000'33" W., along the East line of said Section 23, Block E-2, an approximate distance of 1393.30 feet to a
point;
THENCE N. 89°59'27" W. an approximate distance of 219.97 feet to a point;
THENCE S. 00°00'01" E. an approximate distance of 154.70 feet to a point in the South line of the North Half of said Section
23, Block E-2;
THENCE S. 89°58'41" W., along the South line of the North Half of said Section 23, Block E-2, an approximate distance of
4746.31 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 25391 feet to a point;
THENCE S. 89057'29" W. an approximate distance of 119.63 feet to a point;
THENCE N. 00003'33" W. an approximate distance of 1078.00 feet to a point;
THENCE S. 89°57'29" W. an approximate distance of 210.00 feet to a point in the West line of said Section 23, Block E-2;
THENCE N. 00003'33" W., along the West line of said Section 23, Block E-2, an approximate distance of 381.00 feet to a
point;
THENCE N. 89057'29" E. an approximate distance of 426.03 feet to a point;
THENCE S. 00°02'31" E. an approximate distance of 90.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 187.88 feet to a point;
A-1
THENCE N. 00002'3 l" W. an approximate distance of 90.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 275.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 300.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 90.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 19.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 184.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 135.00 feet to a point;
THENCE S. 89°57'29" W. an approximate distance of 184.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 28.00 feet to a point;
THENCE S. 89°57'29" W. an approximate distance of 90.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 445.00 feet to a point in the North line of said Section 23, Block E-2;
THENCE N. 89°57'29" E., along the North line of said Section 23, Block E-2, an approximate distance of 3447.55 feet to the
Point of Beginning.
Bearings relative to HRA Lubbock County Coordinate System,
derived from NAD 83, CORS 96, Epoch 2002.0000.
Lambert grid at surface.
Grid Origin: 33023'00" N, 101'49'14' W
False Northing: 0.00 U.S. Survey Feet
False Easting: 80,000 U.S. Survey Feet
Parallel 1: 33145'14.17" N
Parallel 2: 33°27'42.83" N
Ellipsoid data: (modified GRS 80)
Semi -Major Axis: 6379088m
Semi -Minor Axis: 6357700.125617m
1/f: 298.2572220955
PREPARED TO ESTABLISH JURISDICTIONAL LIMITS ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY.
A-1
Resolution No. 2005-RO550
EXHIBIT "B"
The Land
METES AND BOUNDS DESCRIPTION for a 275.539 acre tract of land located in Section 23, Block E-2, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the North line of Section 23, Block E-2, Lubbock County, Texas, which bears
S. 89057'29" W. an approximate distance of 962.23 feet from the Northeast corner of said Section 23, Block E-2;
THENCE S. 00002'3 1 " E. an approximate distance of 260.42 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 153.42 feet to a point;
THENCE S. 44059'57" W. an approximate distance of 90.00 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 785.85 feet to a point;
THENCE N. 44059'57" E. an approximate distance of 102.16 feet to a point;
THENCE S. 45°00'03" E. an approximate distance of 18.52 feet to a point;
THENCE N. 89059'57" E. an approximate distance of 160.00 feet to a point;
THENCE S. 00000'03" E. an approximate distance of 164.00 feet to a point;
THENCE N. 89°59'57" E. an approximate distance of 115.99 feet to a point in the East line of said Section 23, Block E-2;
THENCE S. 0000'33" W., along the East line of said Section 23, Block E-2, an approximate distance of 1393.30 feet to a
point;
THENCE N. 89059'27" W. an approximate distance of 219.97 feet to a point;
THENCE S. 00000'01" E. an approximate distance of 154.70 feet to a point in the South line of the North Half of said Section
23, Block E-2;
THENCE S. 89°58'41" W., along the South line of the North Half of said Section 23, Block E-2, an approximate distance of
4746.31 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 253.91 feet to a point;
THENCE S. 8957'29" W. an approximate distance of 119.63 feet to a point;
THENCE N. 0003'33" W. an approximate distance of 1078.00 feet to a point;
THENCE S. 89°57'29" W. an approximate distance of 210.00 feet to a point in the West line of said Section 23, Block E-2;
THENCE N. 00003'33" W., along the West line of said Section 23, Block E-2, an approximate distance of 381.00 feet to a
point;
THENCE N. 89057'29" E. an approximate distance of 426.03 feet to a point;
THENCE S. 00°02'31" E. an approximate distance of 90.00 feet to a point;
THENCE N. 89°57'29" E. an approximate distance of 187.88 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 90.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 275.00 feet to a point;
THENCE N. 00"02'31" W. an approximate distance of 300.00 feet to a point;
THENCE N. 89°57'29" E. an approximate distance of 90.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 19.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 184.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 135.00 feet to a point;
THENCE S. 89057'29" W. an approximate distance of 184.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 28.00 feet to a point;
THENCE S. 89057'29" W. an approximate distance of 90.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 445.00 feet to a point in the North line of said Section 23, Block E-2;
THENCE N. 891157'29" E., along the North line of said Section 23, Block E-2, an approximate distance of 3447.55 feet to the
Point of Beginning.
Bearings relative to HRA Lubbock County Coordinate System,
derived from NAD 83, CORS 96, Epoch 2002.0000.
Lambert grid at surface.
Grid Origin: 33123'00" N, 10 1'49'14" W
False Northing: 0.00 U.S. Survey Feet
False Easting: 80,000 U.S. Survey Feet
Parallel 1: 33°45'14.17" N
Parallel 2: 33°27'42.83" N
Ellipsoid data: (modified GRS 80)
Semi -Major Axis: 6379088m
Semi -Minor Axis: 6357700.125617m
l/f: 298.2572220955
PREPARED TO ESTABLISH JURISDICTIONAL LIMITS ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY.
Resolution No. 2005-80550
EXHIBIT "C"
Legend
VintageTownshipPID
Exhibit C
Vintage Township
Public Improvement District