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    7. 7.    
Regular City Council Meeting
Meeting Date: 09/10/2019  

Agenda Item
Resolution - Finance: Consider a resolution making findings that the Upland Crossing Petition meets the requirements of Chapter 372 of the Texas Local Government Code (the “Code”); accepting the Upland Crossings Public Improvement District Petition, which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by Yuma Avenue, 26th Street, Upland Avenue, and 34th Street; and calling for a public hearing to receive public comment on the formation of a public improvement district for the area depicted and described.
Item Summary
The City of Lubbock has received a petition from property owners requesting that the City of Lubbock establish a Public Improvement District (PID) for the proposed Upland Crossing development area. The area covers approximately 206.557 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 proposed Upland Crossing PID has 9 parcels.  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 PID is a defined assessment area providing specific types of services for a given area.  The purpose of the Upland Crossing PID will be (i) acquisition, construction, or drainage facilities or improvements, (ii) the design, construction and maintenance of parks and green spaces, fences, ponds, 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, community signage and any similar items located therein along with all necessary grading, drainage, and similar infrastructure involved in the construction of such parks and green spaces; landscaping, hardscape and irrigation; (iii) payment of costs associated with developing and financing the public improvements listed in subdivision; and (iv) including costs of establishing, administering and operating the District. 

The owner of the property submitting the petition has 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 the City Council is to hold a Public Hearing regarding the advisability of creating the District.  If the City Council approves this resolution calling the public hearing, a notice of Public Hearing will be published in the Lubbock Avalanche Journal and notices mailed to the property owners before the 15th day before the public hearing as required by the statute.
Fiscal Impact
No fiscal impact
Staff/Board Recommending
D. Blu Kostelich, Chief Financial Officer


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