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 Upland Crossing 3 development area. The area covers approximately 21.646 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:
- Constitute more than 50% of all the record owners of property liable for assessment under the proposal; or
- 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 Upland Crossing 3 PID is a defined assessment area providing specific types of services for a given area. The purpose of the Upland Crossing 3 PID will be:
(i) acquisition, construction, or drainage facilities or improvements, (a) 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 therein 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.
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 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 February 17, 2023, as required by the statute. Pursuant to Chapter 372 of the Texas Local Government Code, this resolution illustrates the following findings:
- The advisability of the services;
- The nature of the services;
- The estimated cost of the services;
- The boundaries of the public improvement district;
- The method of assessment; and
- 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. |