The document is a city council agenda memorandum regarding the adoption of a policy for public improvement districts (PIDs) in Alamo Heights, Texas. It provides background on a proposed PID along Broadway to fund streetscape enhancements like landscaping and lighting through special assessments on benefiting properties. It outlines the proposed PID policy requirements, including the petition and approval process, eligible project types that prioritize beautification, and ensuring PIDs are self-funded. It recommends the city council adopt the PID policy resolution.

1. CITY OF ALAMO HEIGHTS
ADMINISTRATION DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Nina Shealey, Assistant City Manager
SUBJECT: Public Improvement District
DATE: March 22, 2021
SUMMARY
A resolution adopting a policy and establishing guidelines and criteria for authorizing public
improvement districts.
BACKGROUND INFORMATION
In November 2020, the citizens of Alamo Heights approved a $13.25M bond program to support
the redevelopment of the lower portion of Broadway from Austin Highway to Burr Road in
partnership with the Texas Department of Transportation, the Alamo Area Metropolitan Planning
Organization and the San Antonio River Authority. The project includes the redevelopment of
Broadway into a complete street configuration with fewer lanes, wider sidewalks, dedicated bike
lanes and low impact development. Currently, however, the funding secured for the project is
only sufficient to cover the costs of the infrastructure related to the streets, drainage and
sidewalks.
Property owners along Broadway have expressed interest in improving the streetscape along
Broadway in an effort to enhance the thoroughfare following the complete street redevelopment.
These improvements, currently unfunded, include lush landscaping, street furniture, pedestrian
lighting, public are and other elements to create a sense of place. Due to the nature of these
improvements within the public realm, which would only be along Broadway and would directly
benefit those property owners, they have informed the City of their intention to petition for a
Public Improvement District.
POLICY ANALYSIS
Public Improvement Districts (PIDs), per Texas Local Government Code Chapter 372, are an
economic development tool used to fund special public improvement projects that promote the
interests of a community. They are designed to fund the costs of the projects through a special
assessment on the properties directly benefitting by such improvements. Property owners outside
of the PID are not subject to these assessments.
A PID is a defined area whose property owners have petitioned the City for the creation of a PID.
The City Council established a PID through the adoption of a resolution after a public hearing.
The purpose of this PID Policy is to outline the requirements for petitioning, qualified projects,
financing criteria, disclosures to property owners, annual plans of service, budgets and
assessments. Any conflict in terms between this policy and the Texas Local Government Code
Chapter 372, Chapter 372 will prevail.

2. COORDINATION
Staff has worked closely with the City Attorney to create the proposed policy to ensure its
compliance with Chapter 372 and adherence to the goals of the City’s Comprehensive Plan.
FISCAL IMPACT
There is no fiscal impact on the City. PIDs must be self-sufficient and not require the City to
incur any costs associated with the formation of the PID or PID administration of the
construction of PID improvements.
ATTACHMENTS
Attachment A – City of Alamo Heights Public Improvement District Policy
Attachment B – Resolution of Adoption
______________________
Nina Shealey
Assistant City Manager
______________________
Buddy Kuhn
City Manager

3. Attachment A
1
City of Alamo Heights
Maintenance and Operations Public Improvement Districts
A. Overview
A Maintenance and Operations Public Improvement District (M&O PID or PID) is a type of
special purpose district that allows property owners within a specific geographic area to enhance
services and public improvements that specially benefit the properties located within the PID
boundaries of the M&O PID. Such District must comply with Texas Local Government Code
Chapter 372 ("Statute").
M&O PIDs are an economic development mechanism commonly used to stabilize commercial
business districts and promote business growth along commercial corridors and areas of
commercial concentration. Common services funded through M&O PID special assessment
revenue include security, capital improvements and beautification efforts. Proceeds from bonds
issued by a M&O PID can finance capital costs for public improvements to meet the community needs
which could not otherwise be constructed or provided. The bonds issued by the M&O PID to fund the
costs of eligible public improvements are paid entirely by property owners within the boundaries
of the PID. A PID may only be used to pay for public improvements.
The purpose of this M&O PID policy is to outline the issues to be addressed by the owner of the taxable
real property liable for assessment petitioning for creation of a PID before the City Council can support
the establishment of a M&O PID. The M&O PID policy outlines such things as petition requirements,
qualified costs, financing criteria, information disclosures to property owners, and the determination of
annual plans, budgets and assessments. The M&O PID policy also outlines priority public
improvements, which include most beautification projects that will receive preference over capital
improvement projects.
B. Minimum Requirements for an M&O PID
At minimum, each M&O PID shall meet all of the following requirements:
1. The M&O PID shall meet all requirements of the Statute. To the extent of a conflict
between the terms of this Policy and the Statute, the Statute shall prevail. Certain
requirements of this Policy may be in addition to those of the Statute and other state laws.
2. The public improvements funded through special assessment revenues must fully fund the
improvements within five years at the sole discretion of the City. These improvements do
not replace City services but are, instead, above and beyond the City services. Extensions
beyond the five year is subject to City Council approval.
3. The M&O PID shall be financially self-sustaining and not require the City to incur any
costs including costs associated with the formation and administration or the financing and
construction of the M&O PID improvements. The City will not waive any fees that impact
the ability of any City department to cover costs of service associated with M&O PID
projects. City of Alamo Heights may elect to reimburse itself for staff costs for oversight.
4. The M&O PID shall be located within the City's municipal boundaries prior to creation of
the M&O PID.
5. Improvements or services funded outside of the PID specific geographic area are subject
to City Council approval during the annual service and assessment plan and budget
adoption process.
6. Public improvements that are for the purpose of beautification will be given priority over
capital public improvements. Beautification improvements include but are not limited to
landscaping, lighting, signage, and artistic features.

4. Attachment A
2
7. Property in the M&O PID owned by the City of Alamo Heights or another governmental
entity shall not be subject to any assessment by the PID.
8. No PIDs will be allowed to be created that overlap the boundaries of another PID.
9. The M&O PID shall convey and document special benefit and public good to the properties
within the district.
10. The M&O PID shall be used in connection and alignment with community benefits
identified in planning and policy documents adopted by the City of Alamo Heights.
11. A petitioner at the time of creation and reauthorization may designate the City to oversee
M&O PID special assessment, prepare annual service plans and budgets. If the petitioner
does not so designate the City, petitioner must identify a qualified management entity to
oversee M&O PID special assessment, prepare annual service plans and budgets.
C. M&O PID Notification and Petition Requirements for Establishment and
Reauthorization
A petition ("Petition") requesting the establishment and the reauthorization of an M&O PID shall
include the following requirements and meet the requirements outlined in section 372.005 of the
Texas Local Government Code (LGC):
1. The petition must contain signatures of owners of real property representing more than
50% of the appraised value of taxable real property liable for assessment under the
proposal, based on the total taxes that would go to the M&O PID. The Petitions must also
contain signatures of owners of real property liable for assessment who satisfy either a. or
b. below. This exempts City of Alamo Heights property and untaxed property.
A. Constitute more than 50% of all record owners of property that is liable for
assessment.
i. This is counted by the property. An owner of four (4) properties would count
as four (4) record holders.
B. Constitute more than 50% of the area of all taxable real property that is liable for
assessment.
i. This refers to the parcel land area only.
2. Petition signatures shall reflect that a reasonable attempt was made to obtain full support
of the property owners. Properties with delinquent payments of city, county, school, state
and federal taxes will not be accepted as part of the 50 percent requirement.
3. PID petitions shall include this additional note: “With respect to community property, the City
may accept the signature of a spouse as a representation of both spouses that they support
the creation or renewal of the PID absent a separate property agreement. However, if City
staff is made aware of any disagreement among owners of community property, those
petitions will not be counted.
4. The Petitioner shall notify the City Manager in writing (the "Notification") at least 120
days in advance of their intent to file a Petition for establishment and reauthorization of
the M&O PID. Signatures for PID petitions must be gathered not more than 120 days preceding
submittal of the PID Application The notification shall include:
A. A legal description of the boundaries of the M&O PID and a map of the M&O
PID boundaries, each suitable for publication.

5. Attachment A
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B. The general nature of the proposed improvements and maintenance plan.
C. A justification for the need for the proposed M&O PID.
D. The current tax roll of the landowners in the M&O PID, including a separate list
of any property that is designated as a homestead and nontaxable property
inclusive of City owned property and delinquent properties.
E. The financial feasibility of the M&O PID and the proposed improvements and/or
enhanced services.
F. Recommendation of an advisory body and or management entity with dedicated
roles and responsibilities of the PID.
5. The Petition shall be submitted in hard copy and electronic format to the City Secretary.
6. The Petitioner shall pay all applicable fees as stated in the City's Fee Schedule upon
submission of the Petition. All applicable fees are non-refundable and will be required with
the filing of a petition to create a PID. The applicable fees are regulatory in character and
approximates the costs of evaluating the PID petition.
7. Each Petition shall include:
A. A detailed justification for the need for the requested M&O PID, including an
explanation as to why the requested or reauthorized M&O PID is necessary for
the proposed geographic area and improvements.
B. Identification of the goals in the City's Comprehensive Plan to be achieved by
the M&O PID and an explanation as to how such goals will be achieved with a
maintenance plan.
C. A description of the special benefits to be provided by the M&O PID by
improvement within geographic area.
D. A general and legal description of the boundaries of the M&O PID and a map of
the M&O PID boundaries, each suitable for publication.
E. General nature of the proposed improvements.
F. Detailed estimated cost of proposed improvements including estimated long
term maintenance costs for all years, ten years minimum to justify the
assessment rate requested.
G. Documentation that construction of improvements through M&O PID
assessments will be maintained by the M&O PID from M&O PID revenues.
H. A management plan that describes how funds will be managed including day-to-
day operations, and the recommendation of advisory body or a Management
Entity.
I. Feasibility Report that takes into account both the current and forecasted
economic market context for the proposed geographic area and the Petitioner's
capacity to deliver and sustain the proposed improvements. Acceptable evidence
includes at minimum a market feasibility study, which shall be prepared and
completed no earlier than 90 days prior to the submission of the Petition.
J. Proposed method of assessment including a comparison of the combined PID
assessment and ad valorem tax burden on property owners in the M&O PID.
K. Proposed apportionment of fee costs between the M&O PID and governmental
entities.
L. Current tax roll of the landowners in the M&O PID, including a separate list of
any property that is designated as a homestead.
M. Evidence of annual assessment value is equal to or greater than $500,000
annually, subject to City Council approval.

6. Attachment A
4
N. Statement that the petitioners understand that the annual Service and Assessment Plan
for the district is subject to review by City staff with final approval by the City
Council.
O. Documentation of liability insurance that provides adequate protection, as
determined by the City in its sole discretion, for risks associated with the types of
improvements and services being proposed.
P. Recommendation of an advisory body and or M&O PID Management Entity with
the responsibility of developing and recommending an improvement plan to the
governing body.
Q. Any other information required by the Statute.
R. A statement that the Petitioner and all that have signed the Petition requests or
concurs with the establishment and or reauthorization of the M&O PID.
S. The Petitioner shall provide any and all supplemental information requested by
the City.
8. Any requested adjustments or deviations from the terms of this Policy for a M&O PID shall be
clearly requested and explained in the PID petition for that PID. Any adjustments or
deviations granted are the sole discretion of the City Council.
9. When creating or reauthorizing an M&O PID, the City authorizes the negotiation and
execution of up to a five-year management agreement from the date of creation. Six
months prior to the expiration of management agreement, if one on place, an updated
service and assessment plan shall be submitted to support a renewal of a contractual
management agreement. The periodic service and assessment plan shall establish PID
assessment total forecasts, identification of improvements and special benefits and ensure
current property owners notification of PID purpose and projects.
D. Reauthorization
1. When creating an M&O PID, the City authorizes an expiration date of at least five years
from the date of creation. The expiration date ensures current property owners endorse the
M&O PID purpose and projects. For an M&O PID to continue to exist past the expiration
date identified at the time of creation, the City must receive a petition ("Petition")
requesting the reauthorization of the M&O PID. This Petition must meet the same
requirements for a petition to establish an M&O PID in this Policy and Section 372.005
of the Texas Local Government Code (LGC). It is the sole responsibility of the M&O PID
management entity or advisory body to meet these requirements for PID reauthorization
within the timeframes identified in this Policy.
2. If the City does not receive a validated Petition to reauthorize the M&O PID, staff may
provide recommendations to City Council on feasibility of continuing special benefits
provided by the M&O PID. City Council action would be required.
E. PID Review Committee
1. Upon receipt of the Petitioner's Notification, a PID Review Committee, led by the Finance
Department, will be convened. The PID Review Committee will include representatives
from Administration, Community Development and Public Works departments and other
departments as needed.
2. The PID Review Committee will review the Petitioner's Notification to determine whether
the submission is complete. The responsibilities of the PID Review Committee will
include:

7. Attachment A
5
 Contact Petitioner for additional information;
 Make an initial determination as to whether the proposed M&O PID is consistent
with the City's growth policies, development policies, zoning and other applicable
regulations;
 Make an initial determination as to whether the proposed M&O PID meets the
financial requirements and limitations of this policy;
 Make an initial determination as to whether the Special Benefits made possible
through the PID special assessment (1) confers sufficient and compelling public
benefit not only to the development but for the City at large and (2) sufficiently
advances City Council’s approved plans, goals, policies and
ordinances/resolutions;
 Make an initial determination as to whether the Petitioner's ownership standing
allows to submit on behalf of the benefitted property owners for an M&O PID;
 Advise on the appointment of an advisory body with the responsibility of
developing and recommending an improvement plan to the governing body
 Communicate findings to the Petitioner and to City Council; and
 Provide additional guidance pertaining to the above to the Petitioner
3. Upon the City Secretary’s receipt and validation of the Petition, the PID Review
Committee will assess the adequacy of the Petition and the Petitioner's compliance with
this Policy and the Statute. The PID Review Committee may consult with City’s bond
counsel, PID consultant, and/or financial advisor to assist in making this determination.
The PID Review Committee will also advise City Council on the merits and considerations
of the creation of the M&O PID, including an analysis of the impact of PID formation and
its effects on the City, and make a recommendation whether to proceed with a public
hearing on the Petition.
F. Notice, Public Hearing, and Approval of Petition for Establishment and Expansion
The Statute provides the City Council with the authority to undertake an improvement project that
confers a special benefit on a definable area of land if certain procedures in the Statute are met. In
establishing a M&O PID, the City will comply with all mandatory procedural requirements set forth in
the Statute; provided, however, that the City reserves the right to invoke any permissive procedural
requirement as it may deem necessary on a case-by-case basis.
1. Upon City Council's approval for setting of a public hearing on the Petition, City staff will:
 Publish notice of the hearing in a newspaper of general circulation in the City and
on the City's website; and
 Mail notice to property owners as required by the Statute
2. The public hearing may be continued from time to time. After the final adjournment of the
public hearing, the City Council has six months to adopt a resolution for the creation of
the M&O PID as required by the Statute.
3. The City Council may authorize the M&O PID only if a majority of all members of City
Council approve a resolution authorizing the creation of the M&O PID (the "PID
Authorization").
4. The City Council will consider written protests regarding the creation of the M&O PID if
the protests are submitted:

8. Attachment A
6
 to the City Secretary; and
 by at least two-thirds of the record owners in the M&O PID or the owners of at
least two-thirds of property in the M&O PID.
5. Construction of M&O PID improvements shall not begin until the latter of the twenty-first
(21st) day after the date of the PID Authorization or the final resolution of any M&O PID
protest and the execution of a Management Agreement. All public infrastructure within the
M&O PID that is to be reimbursed must be in compliance competitive bidding/procurement in
accordance with Texas Local Government Code.
6. If the City is not designated to oversee M&O PID, the levying of the assessment on
properties within the PID boundaries will not occur until a Management Agreement has
been executed with the City of Alamo Heights and M&O PID Management Entity. If a
Management Agreement cannot be executed within six (6) months of City Council
approval of a PID, staff may recommend to City Council that the City be designated or
PID dissolved.
G. Authorized Improvements and Special Benefits
Authorized public improvements and enhanced services are addressed in the Statute as those that
shall produce special benefits. Improvements to be funded by the PID are limited to those defined as
Authorized Improvements under Texas Local Government Code Section 372.003(b). Priority will be
given to beautification improvements. These enhanced services and public improvements include
but are not limited to:
1. Projects or services that create or enhance parks, hike and bike trails, and open spaces that
exceed what is required by applicable development regulations.
2. Projects or services that improve environmental protection, storm water quality, and flood
control benefits in development regulations.
3. Projects or services that utilize a comprehensive transportation demand management plan
to increase or enhance multi-modal options (mass transit, bicycle, pedestrian, carpooling,
etc.) with an overall goal to decrease single-occupancy vehicle trip rates to/from the PID
in ways that exceed what is required by applicable development regulations.
4. Projects or services that enhance or extend existing infrastructure.
5. Projects or services that provide innovative, exceptional benefits to improve the public
roadway network in the City beyond the PID's internal streets.
6. Projects or services featuring excellence in community design, including well- connected
streets, public planning and the development, construction, management and maintenance
of PID improvements.
7. Acquisition, by purchase or otherwise, of real property in connection with an authorized
improvement.
8. Payment of expenses incurred in the establishment, administration, and operation of the district.
H. Requirements Prior to Levying of Assessments
Prior to the levying of assessments on property within the PID, the City shall publish and mail
notice of its intention to consider the proposed assessments and conduct a public hearing as
required by the Statute and City shall:
1. Determine the total cost of the PID improvements and long-term maintenance;
2. Execute a Management Agreement with the PID Management entity

9. Attachment A
7
3. Approve a final Service and Assessment Plan and appraisal roll; and
4. Establish a separate PID fund.
I. Service and Assessment Plan and Budget
It is the responsibility of the City if designated, or if not designated, the M&O PID Management
Entity shall meet and understand the following requirements:
1. Prepare an initial five-year service and assessment plan and budget for the establishment
and of an M&O PID in accordance with the referenced timelines in the Policy. Budgets
must be supplemented by detailed, line-item explanation of how that amount was derived
inclusive of on-going maintenance and operating costs. All Service and Assessment Plans
are subject to review and approval by City of Alamo Heights City Council.
2. Prepare and submit quarterly reports of all activities and expenditures to the City.
3. Prepare and submit an annual service plan outlining all improvements and special benefits.
4. Prepare and submit the annual budget and assessment plan within the timeline published
by the City. Budgets must be supplemented by detailed, line-item explanation of how that
amount was derived.
5. Prepare periodic five-year service and assessment plan and budget. Budgets must be
supplemented by detailed, line-item explanation of how that amount was derived inclusive
of on-going maintenance and operating costs. Five-year service and assessment plans must
include a five-year projection for assessment revenue totals. All Service and Assessment
Plans are subject to review and approval by City Council and City of Alamo Heights.
6. M&O PID Management Entity will provide the City documentation of notice to property
owners prior to submittal of the service and assessment plan.
7. At the discretion of the City of Alamo Heights, the City shall hold an annual public meeting
with owners of property within the M&O PID and request that the M&O PID Management
Entity present the proposed budget and assessment plan and to seek input regarding the
needs of geographic area. M&O PID Management Entity will prepare and mail notices of
the annual meeting to the property owners at least two weeks before the annual meeting.
8. Hire third party to perform and submit an annual independent audit of all PID expenditures to
the City.
J. Financial Requirements and Limitations
The following financial requirements and limitations shall apply to all M&O PIDs.
1. The City reserves the right to retain a reserve fund, funded by PID assessments in an
amount equal to or lesser than 15% of the annual assessment to serve as a refund and
delinquency account. Remaining reserves not utilized for refunds or delinquencies will be
released to the M&O PID at the end of each annual cycle.
2. The M&O PID Management Entity is required to have a three month or one quarter
operating reserve to satisfy contractual obligations should PID dissolution occur. Reserves
greater than three month or one quarter are subject to City Council approval.
3. Annual PID assessment totals shall be expended in totality minus three month or one
quarter operating reserve unless approved by City Council through the annual service and
assessment plan and budget adoption process.
4. Assessment rate shall adjust annually per City Council approval.
5. No more than 25% of the estimated total annual special assessment revenue and any
governmental annual contribution (assuming the average annual collection rate) will pay
for administrative costs unless approved by City Council through the annual service and
assessment plan and budget adoption process. Administrative costs PID startup costs,

10. Attachment A
8
insurance, personnel expenditures, equipment, office space inclusive of rent, legal fees and
travel.
6. In order to ensure that M&O PIDs continue to operate without cost to the City, the City
will charge applicable fees to each M&O PID for the annual costs associated with
administering the M&O PID. This fee will be calculated annually for each M&O PID.
7. The City will only release assessment funds for all approved expenses of the PID in
accordance with the adopted Budget and Service and Assessment Plan.
8. A capital improvement must be built in compliance with all city ordinances and have a
useful life of five or more years.
9. The records maintained by the Management Entity for the M&O PID are subject to review
and audit by City personnel and external auditors.
K. Property Disclosures
The City requires that the Petitioner comply with the following disclosures pertaining to the
property within the PID:
1. Landowner's Agreement shall be recorded in the Official Public Records of Bexar County
to notify any prospective owner of the existence of PID assessments levied and recorded
on the property.
2. All closing statements and sales contracts for property in the PID shall disclose
responsibility for payment of PID assessments and the amount of the PID assessments.
Such disclosures shall be acknowledged by the purchaser through an executed document.
3. Petitioner shall describe in their promotional material, website and in social media the
financial and other relative impacts on the improvements being included in the PID.
4. The M&O PID Management Entity shall mail notices to all property owners and tenants,
to extent possible, of annual meeting for all owners to discuss PID activities, finances and
plans. The management entity shall be required to provide at minimum annual disclosure
of the PID and financial obligations of the property owners located within the PID.
L. Dissolution
1. An M&O PID may be dissolved in accordance with the procedures set forth in the Statute.
2. If an M&O PID is dissolved either by property owner petition or by failure to meet the
requirements of the contractual management agreement the M&O PID will remain in effect
for the purpose of retiring unpaid obligations for improvements and services and contractor
dissolution.
M. Miscellaneous
1. The Financial Services Department of the City will be the lead department regarding the
establishment, implementation, amendment, oversight and monitoring of this Policy.
2. The Community Development Department will be the lead department in required
oversight of the M&O PIDs for annual processes.
3. All PID Agreements for work that will seek reimbursement for public improvements shall
include Indemnification language to benefit the City as follows:
DEVELOPER COVENANTS AND AGREES TO FULLY INDEMNIFY AND
HOLD HARMLESS, CITY (AND THEIR ELECTED OFFICIALS,

11. Attachment A
9
EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES),
INDIVIDUALLY AND COLLECTIVELY, FROM AND AGAINST ANY AND
ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES,
FINES PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF
ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE BROUGHT
BY ANY THIRD PARTY AND RELATING TO DEVELOPER’S ACTIONS ON
THE PROJECT INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY
OR DEATH AND PROPERTY DAMAGE, MADE UPON CITY OR DIRECTLY
OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO
DEVELOPER OR DEVELOPER’S CONTRACTORS’ NEGLIGENCE,
WILLFUL MISCONDUCT OR CRIMINAL CONDUCT IN ITS ACTIVITIES,
INCLUDING ANY SUCH ACTS OR OMISSIONS OF DEVELOPER OR
DEVELOPER’S CONTRACTORS, ANY AGENT, OFFICER, DIRECTOR,
REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANTS
OF DEVELOPER OR DEVELOPER’S CONTRACTORS AND THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND
REPRESENTATIVES, ALL WITHOUT, HOWEVER, WAIVING ANY
GOVERNMENTAL IMMUNITY AVAILABLE TO CITY, UNDER TEXAS
LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES
UNDER TEXAS LAW.
THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE
BENEFIT OF THE CITY AND ARE NOT INTENDED TO CREATE OR
GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER
PERSON OR ENTITY. DEVELOPER SHALL PROMPTLY ADVISE CITY IN
WRITING OF ANY CLAIM OR DEMAND AGAINST CITY, RELATED TO OR
ARISING OUT OF DEVELOPER OR DEVELOPER’S CONTRACTORS
ACTIVITIES UNDER THIS AGREEMENT.
IT IS THE EXPRESS INTENT OF THIS SECTION THAT THE INDEMNITY
PROVIDED TO THE CITY AND THE DEVELOPER SHALL SURVIVE THE
TERMINATION AND / OR EXPIRATION OF THIS AGREEMENT AND
SHALL BE BROADLY INTERPRETED AT ALL TIMES TO PROVIDE THE
MAXIMUM INDEMNIFICATION OF THE CITY AND / OR THEIR
OFFICERS, EMPLOYEES AND ELECTED OFFICIALS PERMITTED BY
LAW.
N. Definitions
Advisory Body means the entity identified in the petition or appointed by City Council with the
responsibility of developing and recommending an improvement plan for the PID.
Affordable Housing means, in general, housing for which the occupant is paying no more than
30% of his or her gross income for housing costs, including utilities, as established by the federal
Department of Housing and Urban Development.
City Comprehensive Plan means plans approved by the City Council, such as the Alamo Heights
Strategic Mobility Plan, the Community Climate Plan, the Watershed Protection Plan, the Strategic
Housing Blueprint, the Alamo Heights Strategic Direction 2023, Imagine Alamo Heights and other
plans as approved by Council.

12. Attachment A
10
Citv Fee Schedule means the document included in the annual budget that sets the City's fees,
fines, rates, and other charges as authorized by City Council.
Management Entity means an organization that is contracted by the City to manage the public
services funded by M&O PID special assessments in addition to other contractual requirements
that benefit the City in carrying out statutory requirements of M&O PID administration.
Market Feasibility Study means a study that examines the likelihood that a proposed real estate
development project supported by a PID will be financially successful and generate sufficient PID
assessments based on historical and projected real estate demand and supply trends.
Owner means owner or owners of real property in the PID.
Petition means a petition for creation, modification, dissolution, or renewal of a PID.
Petitioner means the owner or owners signing the Petition and their successors and assigns.
PID assessments means special assessments levied on property within the PID under the Statute to
pay for PID improvements.
PID improvements means sidewalks, roads, streets, landscaping, lighting, signs, pedestrian malls,
bicycle facilities, trails, parks, services for improvement and promotion of the PID, payment of
expenses for creating and operating the PID, and any other improvements authorized by the
Chapter 372.
Property Owners' Association means an incorporated or unincorporated association that: (1) is
designated as the representative of the owners of property in a residential subdivision; (2) has a
membership primarily consisting of the owners of the property in the residential subdivision; and
(3) manages or regulates the residential subdivision for the benefit of the owners of property in the
residential subdivision. This includes Homeowners' Associations.
Reauthorization means the process which extends the existence of an M&O PID that has completed
its statutory term through the same process that governs the creation of a new M&O PID.
Service and Assessment Plan means an ongoing plan approved by the City Council that covers a
period of five years from the date of approval that defines the annual installments on the total PID
assessment and the projected cost for PID improvements, and that is updated annually by the City
Council to establish the annual installments and budget for the PID.
Services means special supplemental services for improvement, promotion, and maintenance of a
PID, including services for health and sanitation, water and wastewater.

13. Attachment B
RESOLUTION NO. 2021R-_________
AN RESOLUTION ADOPTING A POLICY AND ESTABLISHING
GUIDELINES AND CRITERIA FOR AUTHORIZING PUBLIC
IMPROVEMENT DISTRICTS IN THE CITY OF ALAMO HEIGHTS, TEXAS,
PROVIDING FOR A SEVERABILITY CLAUSE, ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Public Improvement Districts (“PIDs”), per the Texas Local Government Code
Chapter 372 (“the code” or “PID Act”), provide the City of Alamo Heights (“the City”) an economic
development tool that permits the financing of qualified public improvement costs which confer a
special benefit on a definable part of the City; and
WHEREAS, proceeds from bonds issued by a PID can finance capital costs for public
improvements to meet the community needs which could not otherwise be constructed and the bonds
issued by the PID to fund the costs of eligible capital improvements are paid entirely by property
owners within the PID who receive special benefits from the capital improvements and such taxes are
not a burden on an person living outside the PID; and
WHEREAS, a PID may be created and utilized to construct qualified public improvements
and/or reimburse a portion of the Developer’s actual and documented costs required for public
improvements to serve the development; and
WHEREAS, PIDs must be self-sufficient and not require the City to incur any costs associated
with the formation of the PID, bond issuance costs, PID administration of the construction of PID
improvements; and
WHEREAS, a PID is comprised of properties, whose owners have petitioned the City to form
a PID and the City Council must comply with a process outlined in states law, including adoption of a
Resolution establishing the PID, after a public hearing and after written notification of the public
hearing is published and mailed to all property owners in the proposed PID; and
WHEREAS, these guidelines shall not be construed as implying or suggesting that the City
of Alamo Heights is under any obligations to approve a PID or other incentives to any applicant, and
all applicants shall be considered on a case-by-case basis;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALAMO HEIGHTS, TEXAS THAT:
SECTION 1. The City Council hereby publicly elects to consider eligible Public Improvement
Districts and adopts The Public Improvement District Policy, attached hereto as Exhibit A for
considering PIDs within the City of Alamo Heights, Texas and the Policy hereby adopted pursuant to
Chapter 372 of the Texas Local Government Code.

14. Attachment B
SECTION 2. INCORPORATION OF RECITALS. The City hereby finds that the statements set
forth in the recitals of this Resolution are true and correct, and the City hereby incorporates such
recitals as findings of fact
SECTION 3. CONFLICTING ORDINANCES OR RESOLUTIONS. All resolutions or
ordinances or parts thereof conflicting or inconsistent with the provisions of this Resolution as
adopted and amended herein, are hereby REPEALED to the extent of such conflict. In the event of a
conflict or inconsistency between this Resolution and any other resolution, code or ordinance of the
City, or parts thereof, the terms and provisions of this Resolution shall govern.
SECTION 4. EFFECTIVE DATE. This Resolution shall become effective immediately after
passage.
Passed, approved and adopted this 22nd day of March, 2021.
____________________________
______________________________
BOBBY ROSENTHAL, Mayor
ATTEST:
____________________________
ELSA T. ROBLES, City Secretary
____________________________
FRANK J. GARZA, City Attorney