HomeMy WebLinkAboutResolution - 2021-R0391 - Willow Bend Villas Petition for Formation of Public Improvement District 9.28.21Resolution No. 2021-R0391
Item No. 8.20
September 28, 2021
RESOLUTION
WHEREAS, the City of Lubbock, Texas (the "City") has received a petition requesting the
creation of a public improvement district (the 'PID Petition") according to Chapter 372 of
the Texas Local Government Code (the "Code"), and a copy of the PID Petition is attached
as "Exhibit V to this Resolution; and
WHEREAS, the PID Petition contains signatures from:
(a) The owners of taxable real property representing more than fifty percent (50%) of
the appraised value of the real property liable for assessment within the area described in
the PID Petition as determined by the current roll of the Lubbock Central Appraisal
District, with such area being known as Willow Bend Villas and which is depicted and
described in the attached "Exhibit 2;"and,
(b) The record owners of real property liable for assessment under the PID Petition who:
(1) Constitute more than fifty percent (50%) of all record owners of property that is
liable for assessment under the area depicted and described in the PID Petition; and
(2) Own taxable real property that constitutes more than fifty percent (50%) of the
area of all taxable real property that is liable for assessment under the area depicted
and described in the PID Petition; and
WHEREAS, the PID Petition has been examined and verified by City staff and is now
found by the City Council of the City (the "City Council") to meet the requirements of the
Code and to be sufficient for consideration by the City Council; and
WHEREAS, the City Council desires to accept the PID Petition and desires to schedule a
public hearing to consider the formation of a public improvement district for the area depicted
and described in "Exhibit 2," with such public improvement district proposed to provide for
the:
(a) (i) Acquisition, construction, or drainage facilities or improvements, (ii) 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 there in along with all necessary grading,
drainage, and similar infrastructure involved in the construction of such parks and greens;
landscaping, hadscaping and irrigation; and
(b) Payment of costs associated with developing and financing the public improvements
listed in subdivision (a) including costs of establishing, administering, and operating the
District: NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1: THAT the Council finds that the PID Petition meets the requirements of
the Code and, therefore, the Council hereby accepts the PID Petition as presented by the
petitioner.
SECTION 2: THAT a public hearing is hereby scheduled at 5:00 PM, October 26,
2021, in the City Council Chambers, 1314 Avenue K, Lubbock, Texas, to receive public
comment on the formation of a public improvement district for the area depicted and
described in "Exhibit 2."
SECTION 3: THAT notice of said hearing shall be published in a newspaper of general
circulation in the City before the fifteenth (15th) day prior to the hearing.
SECTION 4: THAT written notice shall be mailed to each property owner, as reflected
on the tax rolls, of the property subject to assessment under the proposed public
improvement district, before the fifteenth (15th) day prior to the date set for the hearing.
Passed by the City Council this 28th day of September , 2021.
DANIEL M. POPE, MAYOR
ATTEST:
A(�'4u' Ik
Reb ca Garza, City Se etar
APPROVED AS TO CONTENT:
D"Blu. Kostelich, Chie financial Officer
APPROVED AS TO FORM:
&k414z—
lie-Ili Leisure, Assistant City Attorney
Res.AcceptancePI DPetition_ W illo%vBend
09.14.21
D
D
BETENBOUGH
HOMES'v
September 20, 2021
Cheryl Brock
City of Lubbock, Tx
162513th Street
Lubbock, Tx 79457
RE: Willow Bend Villas, Public Improvement District
Dear Honorable Mayor and City Council;
Willow Bend Villas (19th and Mackey) is a residential development within the city limits of the City of
Lubbock bound on the North by 19th Street, adjacent to the East by Kelsey Ave, and adjacent to railroad
tracks to the South and West. We are proposing to create a Public Improvement District, "PID", to
maintain the public improvements for Willow Bend Villas (19th and Mackey).
In order to comply with the "Public Improvements District Policies and Guidelines", we are providing
information as required in Section III. "Guidelines", b. "Petition Requirements". We are providing
information regarding items 1, 5-16, as follow:
1. Betenbough has purchased/optioned almost 63.1982 acres. Betenbough plans to invest $250,000 in
improvements for this park system before it would be deeded over to the City and the PID. We will be
here to help keep the PID healthy and thriving. We have a heavily vested interest in making this PID
healthy and self-sufficient.
5. If there is sufficient support to petition to dissolve the Public Improvement District certain
requirements in addition to sufficient support must be met in order to dissolve the PID. Those
requirements include arrangements to transfer ownership and maintenance of the City owned and PID
maintained property. These arrangements are to be made by the Advisory Board and with funds
available to the Advisory Board. Betenbough will have been responsible for some maintenance before
the park system would be deeded over. With having supported some maintenance, we feel we will have
an accurate representation of cost to propose for the service plan. So far, all of our proposed service
plans, does get reviewed by city staff, and approved by city council.
6. Map of the area is attached to this email and is to be added to the petition.
BETENBOUGH
HOMESO
7. In regards to the procedure for the nomination of the PID Advisory Board, the process shall be
consistent with the bylaws for Public Improvement Districts for the City of Lubbock.
8. Addressed in Section 2 of the petition. We feel that the 2 pocket parks and improved basin area
creates a quality of life for the homeowners. Each park area will have a different playscape but will
match in color, tying the community together in the park landscaping. The basin will also have some
trees on the north side along 191h street protecting the view for the public looking into the community,
and for the community as a buffer for 191h street traffic.
9. Each parcel of City -owned land will be identified as a "Tract" at time of platting.
10. General description of proposed improvements in Section 2 of the petition.
11. The estimated total cost of the improvements is approximately $250,000 and will be paid and
constructed by the developer, Betenbough Homes does not desire any reimbursement. The estimated
cost of the maintenance is approximately $25,000 per year and is to be paid for by the PID as soon as
the funds are available. This is the estimated cost for the entirety of the "park system".
12. Budget is attached in the service plan.
13. Method of assessment will be based on the net taxable value of the affected properties and will be
assessed at $.15 per $100.00 valuation.
14. Documentation of liability insurance will be attached to this letter.
15. Addressed in Section 6 of the petition.
16. Addressed in Section 5 of the petition.
Our goal is to provide all of the information requested to continue with the creation of the PID. Please
let us know if you have any questions or require any additional information.
BETENBOUGH
HOM
c". Na:��J/
Chris Berry
Development
Betenbough Homes
Resolution No. 2021-R0391
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE
IMPROVEMENTS TO Willow Bend Villas (191h and Mackey)
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 more than 50% 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
more than 50% 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)acquisition, construction, or drainage facilities or
improvements, (ii) 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 there in 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.
Section 3. Estimated cost of the proposed public improvements and annual
maintenance: $500,000 estimated for proposed public improvements as mentioned in section 2.
Annual maintenance costs - $75,000 for proposed improvements made by developer.
Section 4. Boundaries. The proposed boundaries of the District are described in
Exhibit A and Exhibit B.
Section 5. Method of assessment. An assessment methodology has been prepared
that will address (i) how the costs of the public improvements paid for with the assessments are
assessed against the property in the District, (ii) the assessments to be collected each year, and
(iii) reduction of the assessments for costs savings (pursuant to the annual review of the service
plan for the District). 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
LUB200/58000
Dallas 1034400_1.DOC
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 maintenance of the public improvements, property will be classified
based on the net taxable value of the property.
The assessment methodology will result in each parcel paying its fair share of the costs of
maintaining the public improvements 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.
The annual budget is subject to review by City of Lubbock staff and final approval by the
City Council. The annual assessments may be adjusted as a result of the City of Lubbock staff
review and City Council approval.
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 or maintain
the 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. The City will manage the District, or a
partnership between the municipality or county and the private sector, 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 8. 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").
The signers of this petition request the establishment of the District and this petition will
be filed with the City Secretary in support of the creation of the District by the City Council as
herein provided.
[Signature on following page]
LUB200/58000
Dallas 1034400_1.DOC
PETITIONERS:
Betenbough Homes LLC
/ / ��-
-/�? I -
Chr s Berry, Land Rfanning Manager
THE STATE OF TEXAS § KELLY D. OAKS
§otary Pd*' so of Texas
Ndaq IN 1=344.5
COUNTY OF LUBBOCK §OEMC,ormtissionnxpires0617.2�3
now" I
On this, the 11C } N day of -SrpmaoLk 2021, before me, the undersigned Notary
Public, personally appeared Kelly Oaks who acknowledged that he is Community
Development Manager of Betenbough Homes, LLC, 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.
Notary Public Signature
Signature Page for Petition
EXHIBIT A
The Land
Description, "Tract A":
A 63.1982 acre tract of land located in the East Half (E/2) of Section 6, Block D-6, Brooks and
Burleson Survey, Abstract Number 880, Lubbock County, Texas, and being situated within and a
portion of that certain tract of land conveyed to HWY 179, LTD. described as "Tract 1" and all
of that certain tract of land described as "Tract 2" in a General Warranty Deed recorded in
Volume 10145, Page 346, and all of that certain 0.19 acre tract of land conveyed to HWY 179,
LTD. described in a General Warranty Deed recorded in Volume 10394, Page 34, Official
Public Records of Lubbock County, Texas, said 63.1982 acre tract, hereinafter referred to as
"Tract A", being further described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with a cap marked "AMD ENG" set in place of a 1/2" iron rod
with a cap marked "WSCI" found bent at the intersection of the east right-of-way line of the
West Texas and Lubbock Railroad, as described in Volume 6182, Page 346 of the Real Property
Records of Lubbock County, Texas, and the south right-of-way line of State Highway 114, also
known as 191h Street, as described in Volume 181, Page 214 and Volume 491, Page 47 of the
Deed Records of Lubbock County, Texas, at the northwest corner of said 0.19 acre tract for the
northwest corner of this said Tract "A" and having coordinates of Northing: 7,274,815.61 and
Easting: 897,482.48 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone,
whence the northeast corner of said Section 6 bears N. 01 ° 48' 46" E. a distance of 65.00 feet
and S. 88' 11' 14" E. a distance of 2465.72 feet, as calculated from calls in said railroad right-of-
way deed;
THENCE S. 880 11' 14" E., along said right-of-way line of State Highway 114, a distance of
911.41 feet to a 1/2" iron rod with a cap marked "HRA" found at the northwest corner of that
certain 2.0 acre tract of land described in a Warranty Deed recorded in Volume 4730, Page 67 of
the Real Property Records of Lubbock County, Texas, for the most northerly northeast corner of
this said "Tract A";
THENCE S. 010 51' 08" W. a distance of 370.84 feet to a 1/2" iron rod found at the southwest
corner of said 2.0 acre tract for an ell corner of this said "Tract A";
THENCE S. 880 11' 59" E. a distance of 234.91 feet to a 1/2" iron rod with a cap marked
"WSCI" found at the southeast corner of said 2.0 acre tract for the most easterly northeast corner
of this said "Tract A";
THENCE S. 010 51' 30" W., along the west line of an alley and the west plat limits of Energy
Circle, Lots 1 thru 40, an addition to Lubbock County, Texas, according to the map, plat and/or
dedication deed thereof recorded in Volume 1835, Page 129 of the Deed Records of Lubbock
County, Texas, at a distance of 1869.46 feet pass a 1/2" iron rod found at the end of said alley,
continuing at a distance of 2204.38 feet pass a 1/2" iron rod with a cap marked "HRA" found at
the southeast corner of said plat limits of Energy Circle, same being the northwest corner of that
certain 11.16 acre tract of land described in a Warranty Deed recorded in County Clerk's file
A-1
number 2010001381 of the Official Public Records of Lubbock County, Texas, continuing for a
total distance of 2359.76 feet to a 1/2" iron rod with a cap marked "HRA" found in the north
right-of-way line of the West Texas and Lubbock railroad, as described in Volume 99, Page 459
of the Deed Records of Lubbock County, Texas, at the southwest corner of said 11.16 acre tract
and the southeast corner of this said "Tract A", having coordinates of Northing: 7,272,050.90
and Easting: 898,539.46 of the Texas Coordinate System of 1983 (2011), Texas North Central
Zone;
THENCE N. 700 19' 00" W., along said railroad right-of-way line, a distance of 540.93 feet to a
1/2" iron rod with a cap marked "WSCI" found at a point of intersection at the southeast corner
of that certain 8.71 acre right-of-way parcel for the West Texas and Lubbock Railroad described
in Volume 6254, Page 30 of the Real Property Records of Lubbock County, Texas, for a corner
of this said "Tract A";
THENCE N. 640 25' 16" W. a distance of 103.01 to a 1/2" iron rod with a cap marked "WSCI"
found at a point of intersection in the northeasterly right-of-way line of said railroad for a corner
of this said "Tract A";
THENCE northwesterly, along a curve to the right and said railroad right-of-way line, an arc
distance of 1049.59 feet, said curve having a radius of 904.93 feet, a delta angle of 660 27' 17", a
chord distance of 991.73 feet and a chord bearing of N. 310 13' 29" W., to a 1/2" iron rod with a
cap marked "WSCI" found at a point of tangency in the east right-of-way line of said railroad for
a corner of this said "Tract A";
THENCE N. 020 00' 10" E., along the east right-of-way line of said railroad at a distance of
1482.82 feet pass the northeast corner of said right-of-way in Volume 6254, Page 30, same being
the southeast corner of said right-of-way in Volume 6182, Page 346, and the southwest corner of
said 0.19 acre tract, continuing for a total distance of 1691.66 feet to the Point of Beginning.
Bearings are based on the Texas Coordinate System of 1983 (2011), Texas North Central Zone.
Distances are at surface, in U.S. Survey feet.
A-2
EXHIBIT B
Sketch
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PUBLIC naMOVEMENT D11S18BCr TRACT.
LOCATED INTHE EAST HALF CIE
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R-O-W = RIGHT-OF-WAY. !e
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BEARINGS AND COOIMINATES SHOWN HEREON ARr BASED ON��
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THE TEXAS COORDINATE BYSTEN OF 1883 (2071), T6XA9 NOIITH
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CENTRAL ZONE. DISTANCES ARE AT SUIS-ACE, IN U.S. SURVEY FEET.
PREPARED AUGUST 17. 2021
oW
.IOBN:ABM mull *SMALL AgGOREREBERMW
A-4
19th and Mackey
Proposed Revenue/Expense Worksheet
Proposed
2021
20221
2023
2024
2025
2026
2027
20291
2029
2030
2031
Totals
CALENDAR YEAR
REVENUE
est # Homes closed
50
75
85
90
300
Property Values'
8,750,000
22,050,000
37,366,000
53,863,320
54,940,586
56,039,398
57,160,186
58,303,390
59,469,458
60,658,847
468,601,185
Discounted Property Values
-
7,875,000
19,845,000
33,629,400
48,476,988
49,446,528
50,435,458
51,444,167
52,473,051
53,522,512
54,592,962
421,741,066
FISCAL YEAR REVENUES
2021-22
2022-23
2023-24
2024-25
2025-26
2026-27
2027-28
2028-29
2029-30
2030-31
2031-32
Totals
12,353
Interest 936 1,360 1,802 2,264 2,745 3,247
0.15 Assessment @ $0.15
11,813
29,768
50,444
72,715
-
-
-
164,740
0.10 Assessment @ $0.10
47
50,435
51,444
52,473
53,523
54,593
311,915
Total
11,813
29,768
50,444
72,715
50,382
51,795
53,246
54,737
56,267
57,840
499,007
Improvement es t cost
EXPENSE
Park 1
$100,000.00
Pocket Park (playscape and landscaping)
7,500
7,650
7,803
7,959
8,118
8,281
8,446
8,615
8,787
8,963
82,123
Park 2
$100,000.00
Pocket Park (playscape and landscaping)
7,500
7,650
7,803
7,959
8,118
8,281
8,446
8,615
8,787
8,963
66,973
Signage
$45,000.00
Neighborhood Entry Signs
1,000
1,020
1,040
1,061
1,082
1,104
1,126
1,149
1,172
1,195
8,930
Landscaping
$45,000.00
Trees along 19th st
1,000
1,020
1,040
1,061
1,082
1,104
1,126
1,149
1,172
1,195
8,930
Basins Landscaping
$45,000.00
Prolrrigation and grass establishment
5,000
5,100
5,202
5,306
5,412
5,520
5,631
5,743
5,858
5,975
44,649
Electric host for irrigation
Proposed Parks 1 and 2
1,380
1,408
1,436
1,464
1,494
1,524
1,554
1,585
1,617
1,649
12,323
Administrative Costs
$335,000.00
3,507
3,577
3,649
3,722
3,796
3,872
3,949
4,028
4,109
4,191
31,317
Annual Operating Costs
4,000
4,080
4,162
4,245
4,330
4416
4,505
4,595
4,687
4,780
35,719
Paid by developer
Capital OutLaDeveloper)
Total
30,887
31,505
32,135
32,778
33,433
34,102
34,784
35,479
36,189
36,913
290,962
Cash Reserves
19,075
20,812
(2,502)
37,435
54,385
72,078
90,540
109,799
129,876
150,803
602,527
'Property Value growth rate = 2%annually
"Expense growth rate = 2% annually
ASSESSMENT INFORMATION
2019-2029
Assessment per $100,000 $150.00 $ 1s0.00
2027-Future
Assessment per $100,000 $100.00 $ 100.00
AVG maintenance cost (landscaping)
Monthly
Yearly
1/4 acre
$400.00
$4,800.00
1/2 Acre
$800.00
$9,600.00
1 acre
$2,000.00
$24,000.00
3 acres
$4,000.00
$48,000.00
6 acres
$8,000.00
$96,000.00
9 acres
$16,000.00
$192,000.00
SPEC
Monthly Well cost $50.00 $600.00
Monthly lighting cost $75.00 $900.00
LPL
Monthly irrigation (Iola) $300.00 $3,600.00
Monthly irrigation (Lonestar) drip 75
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATION OF SUFFICIENT PETITION
I hereby certify, in the performance of the functions of my office, that the attached
petition, from property owners requesting the City of Lubbock establish a Public
Improvement District (PID) for the proposed Willow Bend Villas development, has been
verified and is sufficient. And, that Public Improvement Districts can only be initiated by
a petition of property owners who meet a value test and an area test, pursuant to Texas
Local Government Code, Sec. 372.005 (b). And, the statutory two test requirement was
met: (1) petition is signed by the owners of taxable real property representing more than
50% of the appraised value of the taxable real property liable for assessment by the current
roll of the appraisal district (September 14, 2021), in the area known as Willow Bend
Villas, as shown on the attached map; the petitioners own 100% of the area within the
proposed Willow Bend Villas PID; (2) petition must be signed by the record owners of
property that constitute more than 50% of the number of record owners or the record
owners of more than 50% of the area within the PID; the petitioners own 100% of the total
area within the proposed Northwest Passage PID area.
I further certify that I am the City Secretary of the City of Lubbock, that said
documents appear of record in my office, I have legal custody of said record, and that I
am a lawful possessor and keeper and have legal custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of
said office the 20th day of September, 2021.
(City Seal) 'e-j 'r. k
Rebecc Garza
City Sec etary
City of Lubbock
Lubbock County, State of Texas
IFC,tyof
Lubbock
TEXAS
Date: September 16, 2021
To: Becky Garza, City Secretary
From: Brianna Gerardi, Business Development Director
CC: Blu Kostelich, Chief Financial Officer
Re: Willow Bend Villas Public Improvement District Petition
Recently, the City of Lubbock received petitions from Property Owners requesting the City
of Lubbock establish a Public Improvement District (PID) for the proposed Willow Bend
Villas development shown on the attached map. PID establishment can only be initiated by
a petition of property owners who meet two tests outlined in the state statute.
The first test is that the petition is sufficient if signed by the owners of taxable real property
representing more than 50 percent of the appraised value of the taxable real property liable
for assessment by the current roll of the appraisal district (September 14, 2021). Since the
petitioners own 100 percent of the taxable real property value within the boundary, the
petition passes the value test.
The second test is that the petition must be signed by the record owners of property that
constitute more than 50 percent of the number of record owners or the record owners of
more than 50 percent of the area within the PID. The petitioners own 100 percent of the total
area within the proposed Willow Bend Villas PID area so they pass the area test.
The notarized signature on the Willow Bend Villas petitions were validated by a visual
review and owners on the petitions were verified against the current tax roll received from
Lubbock Central Appraisal District by the Business Development Department and reviewed
by GIS and Data Services.
Willow Bend Villas Projected Assessment Roll
LOAD Roll 9.14.2021
Property ID Owner Name Owner Address SitusAddress LepiDescription Acres TdtalPropMktValu I TotalAssessedValue
R30086 BETENBOUGH HOMES LLC 6305 82ND ST LUBBOCK, TX LUBBOCK 79407 BLK D6 SEC 6 AB 880 TR D12 & 63.1982 $202,107.00 $202,107.00
79424-3681 TR C D4 AC: 65.552 LESS ROW
N Willow Bend Villas Public Improvement District
Willow Bend Villas PID
Parcels Feet
Lot -Block Lines 0 250 500 1,000
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