| Resolution - Business Development: Consider a resolution making findings and authorizing establishment of the Northwest Passage Public Improvement District, which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by Frankford Avenue on the west, Quaker Avenue on the east, Kent Avenue and Highway 84 on the north, and Marshall Avenue on the south. |
The City of Lubbock received a petition from property owners requesting that the City of Lubbock establish a Public Improvement District (PID) for the proposed Northwest Passage development area. The area covers approximately 476.102 acres. PID establishment can only be initiated by a petition of property owners meeting two tests outlined in the statute. The petition must be signed by:
(a) Owners of taxable real property representing more than 50% of the appraised value of the taxable real property liable for assessment; and
(b) Record owners of property liable for assessment under the PID petition who:
1. Constitute more than 50% of all the record owners of property liable for assessment under the proposal: or
2. Own taxable real property that constitutes more than 50% of the area of all taxable real property that is liable for assessment under the proposal.
The petition received by the City of Lubbock was signed by authorized agents of property owners of 100% of the total appraised value for the area and 100% of the total land area contained in the proposed PID. The petition 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.
The Northwest Passage PID is a defined assessment area providing specific types of services for a given area. The purpose of the Northwest Passage PID will be:
(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 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 establishing, administering and operating the District.
The District shall prioritize its expenditures as follows:
- Design, construction, maintenance, and financing for drainage improvements; then
- Design, construction, maintenance, and financing for park improvements; then
- Selection, acquisition, and maintenance for public art; then
- All other allowable improvements and related expenditures.
The owner of the property submitting the petition paid the application fee of $5,000, which should cover the cost of creating the Public Improvement District, with any remaining money reimbursed to the Developer. If the cost of creating the Public Improvement District exceeds $5,000, the Developer will reimburse the City for the remaining cost.
One of the statutory requirements for establishing the Public Improvement District is that the City Council hold a Public Hearing regarding the advisability of creating the District. A notice of Public Hearing was published in the Lubbock Avalanche Journal, and notices were mailed to the property owners on Friday, August 27, 2021, as required by the statute.
Pursuant to Chapter 372 of the Texas Local Government Code, this Resolution illustrates the following findings:
1. The advisability of the services;
2. The nature of the services;
3. The estimated cost of the services;
4. The boundaries of the public improvement district;
5. The method of assessment; and
6. The apportionment of costs between the district and the municipality as a whole.
The City Council is required to make these findings in order to create the PID. |
