HomeMy WebLinkAboutOrdinance - 2018-O0097 - Assessing Special Benefits For Valencia Public Improvement District (PID) - 08/23/2018First Reading Second Reading
August 9, 2018 August 23, 2018
Item No. 7.8 Item No. 6.4
ORDINANCE NO. 2018-00097
AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS OF
ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND
IMPROVEMENTS OF PROPERTY IN THE VALENCIA PUBLIC
IMPROVEMENT DISTRICT; APPROVING, ADOPTING AND FILING WITH
THE CITY SECRETARY THE ASSESSMENT ROLL; LEVYING 2018
ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND
IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING FY 2018-19;
FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE
DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR
THE COLLECTION OF THE ASSESSMENT.
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for
the creation of public improvement districts; and
WHEREAS, On July 14, 2011 the City Council passed Resolution No.201 1 -R03 10,
attached here as "Exhibit A," which made certain findings concerning the advisability of
creating the Valencia Public Improvement District (the "District"), authorized and
created the District as a public improvement district, under the Act, and designated the
Lubbock City Council as the entity responsible for the management of and provision of
services and improvements to the District; and
WHEREAS, On August 11, 2011, the City Council passed Resolution No. 2011-R0342,
approving the Service and Assessment Plan (the "Plan"), which will be reviewed and
revised each year when necessary. The revised 2018 Service and Assessment Plan (the
"Plan") for the District is attached hereto as "Exhibit 13;" and
WHEREAS, the Act requires that the City Council review the Plan; prepare a proposed
Roll and file it with the City Secretary; and schedule a public hearing to consider the
proposed assessments and receive public comment on an annual basis; and
WHEREAS, after published and mailed notice of the hearing, pursuant to the Act, a
public hearing was held August 9, 2018, to consider objections to the proposed
assessments. The City Council closed the public hearing after receiving property owner's
concerns and comments (both oral and written) on proposed 2018 assessments within the
District and acted on any objections to proposed assessments for particular parcels; and
WHEREAS, the City desired by the calling and holding of such public hearing to
provide a reasonable opportunity for any owner of property located in the District to
..peak for or against the 2018 assessment rate for a special assessment against real
property and real property improvements exclusive of public rights -of -way, to provide
funding for the District for the purpose of supplemental services and improvements; and
Valencia 1111) Assessment Ordinance 2018 (FY 2018-19) Page 1
WHEREAS, the City Council desires to review classifications and formulas for the
apportionment of the costs for the services and improvements of the property in the
District, and approve, adopt, and file with the City Secretary the Roll; and
WHEREAS, the City Council finds after review that the revised service plan and
assessment plan are feasible and sound and will serve the needs and desires of the
property owners and that the assessment rate of $0.11 per $100.00 of net taxable value
through year 2022, as determined by the Lubbock Central Appraisal District, of the
property or improvements to the property located in the District; are reasonable and
adequate; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK, TEXAS:
SECTION 1: That the facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct.
SECTION 2: That the City Council after review of the Plan approves the method of
assessing special benefits of services and improvements in the Plan. Terms relating to
property taxes in this ordinance shall be used as defined in Section 1.04 of the Texas
Property Tax Code. In accordance with the Plan, each property owner in the District
identified for assessments in 2018 receives the same amount of service for the
assessment provided. The proposed method of assessment, which specifies included
or excluded classes of assessable property, is based on the net taxable value of the
real property and real property improvements as determined by the Lubbock Central
Appraisal District in accordance with Chapter 25 of the Texas Property Tax Code.
Public rights -of -way are exempt from assessment.
SECTION 3: The City Council hereby approves, adopts and files with the City
Secretary the Roll attached to the Plan. The Roll states an estimate of the assessment
against each parcel of land in the District, as determined by the method of assessment
set forth in the Plan and this Ordinance. The City Secretary shall file the Roll in the
official City records. The Roll shall be subject to public inspection.
SECTION 4: That the City Council finds that the notice of the City Council's
intention to consider the proposed assessments at a public hearing on August 9, 2018
at 5:30 p.m. in the City Council Chamber, 1625 13th Street, Lubbock, Texas was
published in the official newspaper of the City of Lubbock, Texas before the 10°i day
before the date of the hearing. The notice stated: (1) the date, time and place of the
hearing; (2) the general nature of the services and improvements; (3) the cost of the
services and improvements; (4) the boundaries of the District; and, (5) that written or
oral objections will be considered at the hearing.
SECTION 5: That the City Council finds that City staff mailed to the owners of
property liable for assessment, notice of the hearing as the ownership appears on the
City tax roll. The notice contained the information required by the Act. The notice
Valencia PiD Assessment ordinance 2018 (FY 2018-19) Page 2
was mailed before the 10`i' day before the date of the hearing to the last known
address of the property owner on the City tax roll. The failure of the property owner
to receive notice does not invalidate the proceeding.
SECTION 6: That the City Council finds that the assessments should be made and
levied against the respective parcels of property within the District and against the
owners thereof, and are substantially in proportion to the benefits to the respective
parcels of property by means of the services and improvements in the District for
which such assessments are levied, and further finds that in each case the property
assessed is specially benefited by means of the said services and improvements of the
District, and further finds that the apportionment of costs of the services and
improvements is in accordance with the law in force in this City and the State and in
the proceedings of the City heretofore had with reference to the formation of the
District and the imposition of assessments for said services and improvements are in
all respects valid and regular.
SECTION 7: That there shall be and is hereby levied and assessed against the parcels
of property within the District, and against the real and true owners thereof (whether
such owners be correctly named or not), the sums of money calculated by applying
the assessment rate to the final 2018 city net taxable value in the manner described in
the assessment, attached hereto as Exhibits B and C shown opposite the description of
the respective parcels of property, and the several amounts assessed against the same,
and the owners thereof.
SECTION 8: That the several sums above mentioned and assessed against the said
parcels of property and the owners thereof, and interest thereon at the rate per annum
established in Section 9 together with reasonable attorney's fees and costs of
collection, if incurred, are hereby declared to be and are made a first and prior lien
against the property assessed, superior to all other liens and claims except liens and
claims for ad valorem taxes and is a personal liability of and charge against the
owners of the property regardless of whether the owners are named. The lien shall
attach on January 1 of each year to the property to secure the payment of all
assessments, penalties, and interest ultimately imposed for the year on the property,
whether or not the assessments are imposed in the year the lien attaches and shall be
effective until the assessment is paid. The lien is perfected on attachment and
perfection requires no further action by the governing body.
SECTION 9: That the assessments levied herein shall be due and payable in full on
receipt of the assessment bill and are delinquent if not paid by January 31, 2019
except as provided in Sections 31.02(b), 31.03, and 31.04 of the Texas Property Tax
Code. A delinquent assessment incurs a penalty of six percent (6%) of the amount of
the assessment for the first calendar month it is delinquent plus one percent for each
additional month or portion of a month the assessment remains unpaid prior to July 1
of the year in which it becomes delinquent. However, an assessment delinquent on
July 1 incurs a total penalty of twelve percent of the amount of the delinquent
assessment without regard to the number of months the assessment has been
Valencia PID Assessment Ordinance 2018 (FY 2018-19) Page 3
delinquent. A delinquent assessment continues to incur the penalty provided by this
section as long as the assessment remains unpaid, regardless of whether a judgment
for the delinquent assessment has been rendered. That if default be made in the
payment of any of the said sums hereby assessed against said property owners and
their property, collection thereof, including costs and attorney's fees, shall be
enforced by the governing body in the same manner that an ad valorem tax lien
against real property may be enforced by the governing body under Chapters 31, 32,
and 33 of the Texas Property Tax Code. The owner of the assessed property may pay
at any time the entire assessment on any lot or parcel, along with any interest and
penalty that has accrued on the assessment.
SECTION 10: That all assessments levied are a personal liability and charge against
the real and true owners of the premises described, notwithstanding such owners may
not be named, or may be incorrectly named.
SECTION 11: That the assessments herein levied are made and levied under and by
virtue of the terms powers and provisions of the Act, as amended.
SECTION 12: That the City may contract with the Lubbock Central Appraisal
District and any competent attorney to collect the assessments and to represent the
District to enforce the collection of delinquent assessments. The attorney's
compensation shall be set in the contract, but the total amount of compensation
provided may not exceed twenty percent (20%) of the amount of delinquent
assessment, penalty, and interest collected, as required in Section 6.03 of the Texas
Property Tax Code.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on August 9, 2018
Passed by the City Council on second reading on
August 23, 2018
--- Lj� �
DANIEL M. POPE, MAYOR
Valencia PID Assessment Ordinance 2018 (FY 2018-19) Page 4
ATTEST:
Reb cca Garza, City Secreta
APPROVED AS TO CONTENT:
--C%v4t 8,xec—ow-
Cheryl Bro , Director of Financial Planning & Analysis
APPROVED AS TO FORM:
Ord. Valencia PID Assessment Ordinance 2018
July 24, 2018
Valencia PID Assessment Ordinance 2018 (F1' 2018-19) Page 5
Resolution No. ..1-R0310 EXHIBIT A
July 14, 2011
Item No. 6.4
RESOLUTION
WHEREAS, a petition has been received from the record owners of taxable real
property representing more than 50 percent of the appraised value (as determined by the
most recent certified appraisal roll of the Lubbock Central Appraisal District) of an area
within the City of Lubbock generally bounded by generally bounded by 85`h Street on the
north, 88'h Place on the south, Iola Avenue on the east, and Milwaukee Avenue on the
west, AND owners of not less than fifty percent (50%) of the area of all taxable real
property that is liable for assessment under the proposal; requesting establishment of a
Valencia Public Improvement District under Chapter 372 of the Texas Local Government
Code for the purpose of maintaining Parks and greens together with any ancillary
structures, features or amenities such as playgrounds, 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 maintenance of such parks and greens; landscaping,
hardscape and irrigation; including costs of establishing, administering and operating the
District; and
WHEREAS, the petition, a copy of which has been attached as Exhibit "l," was
examined, verified, found to meet the requirements of Section 372.005(b) of the Texas
Local Government Code, and accepted by the City Council of the City of Lubbock, Texas
(the "City"); and
WHEREAS, the boundaries of the proposed Valencia Public Improvement
District within the city limits of the City of Lubbock are described in the attachment
designated as Exhibit "2" and shown on the map attached hereto as Exhibit "312
; and
WHEREAS, the City has called a public hearing to hear public comments on the
advisability of the proposed public improvement district and its benefits to the City and to
the property within the boundaries of the proposed public improvement district; and
WHEREAS, notice of such public hearing was published in the Lubbock
Avalanche -Journal a daily paper of general circulation in the City, such publication date
being before the 15'h day before the date of the public hearing stating the time and place
of the hearing, the general nature of the services, the estimated cost of the services, the
proposed boundaries of the proposed Valencia Public Improvement District, the method
of assessment, and the apportionment of cost between the improvement district and the
city as a whole; and
WHEREAS, written notice containing the information in the published notice
was mailed before the 151h day before the date of the hearing to the current addresses of
the owners, as reflected on the tax rolls, of property subject to assessment under the
proposed public improvement district; and
Valencia PID Establishment
EXHIBIT A
.1
WHEREAS, such hearing was convened at the time and place mentioned in the
published notice, on the 14'' day of July, 2011, at 9:30 o'clock a.m., in the Council
Chambers of the City of Lubbock, Texas; and
WHEREAS, the City, at such hearing, invited any interest person, or his/her
representative, to appear and speak for or against the authorization of the Valencia Public
Improvement District, the boundaries of the proposed public improvement district,
whether all or a part of the territory which is described in Exhibit "2" attached hereto and
depicted on the map attached hereto as Exhibit "3" should be included in such proposed
Valencia Public Improvement District, the advisability of the proposed improvements,
the nature of the improvements, the estimated costs of the improvements; the method of
assessment, and the apportionment of costs between the district and the city as a whole;
and
WHEREAS, all owners of property located with the proposed Valencia Public
Improvement District and all other taxing units and other interested persons were given a
reasonable opportunity at such public hearing to protest the authorization of the Valencia
Public Improvement District and/or the inclusion of their property in such District; and j
WHEREAS, the proponents of the Valencia Public Improvement District offered
evidence, both oral and documentary, in favor of all of the foregoing matters relating to
the creation of the Valencia Public Improvement District, and opponents of the Valencia
Public Improvement District were given the opportunity to appear to contest
authorization of the district, after which the hearing was closed; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1: That the facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct.
SECTION 2: That the City Council, after conducting such hearing and having
heard such evidence and testimony, has made the following findings and
determinations based on the evidence and testimony presented to it:
(a) That the public hearing on the advisability of authorizing the Valencia
Public Improvement District has been properly called, held and
conducted and that notice of such hearing has been published and
mailed as required by law and delivered to the current address of the
owners of property subject to assessment under the proposed public
improvement district.
(b) That authorization of the proposed Valencia Public Improvement
District with boundaries as described in Exhibits "2" and "3" for the
purpose of maintaining Parks and greens together with any ancillary
structures, features or amenities such as playgrounds, athletic
facilities, pavilions, community facilities, irrigation, walkways,
lighting, benches, trash receptacles and any similar items located
Valencia PID Establishment 2
EXHIBIT A
therein along with all necessary grading, drainage, and similar
infrastructure involved in the maintenance of such parks and greens;
landscaping, hardscape and irrigation; including costs of establishing,
administering and operating the District is advisable and will result in
benefits to the City, its residents and property owners in the Valencia
Public Improvement District.
(c) That the total estimated cost of services and improvements proposed
to be provided by the District is approximately $56,829 over the next
five (5) years, and that the estimated annual cost rises from $4,500 in
year two to $19,149 in year five (5). Services anticipated are
maintenance of 87`h Street park and median, electric costs for lights,
and operational and administrative costs.
(d) That the costs are based on a proposed assessment rate of $0.11 per
$100.00 of valuation through year 2019.
(e) That as to apportionment of cost between the proposed District and
the City, all costs for proposed improvements will be paid by the
District through assessments.
SECTION 3: That the City hereby authorizes under Sections 372.006, 372.010,
and 372.041 of the Act, a public improvement district over the area described in
Exhibit 2 attached hereto and depicted in the map attached hereto as Exhibit 3 and
such public improvement district shall hereafter be identified as the Valencia
Public Improvement District, City of Lubbock, Texas.
SECTION 4: That the City Council shall be the governing board for the
Valencia Public Improvement District. The City Council may appoint an
Advisory Board for management of the District in the future.
SECTION 5: That the notice of this authorization for the Valencia Public
Improvement District shall be published in a newspaper of general circulation in
the city.
SECTION 6: That if any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section paragraph, clause or provision shall
not affect any of the remaining provisions of this Resolution.
�I Valencia PID Establishment 3
EXHIBIT A
Passed by the City Council on July 14 , 2011.
TOM MARTIN, MAYOR
ATTEST:
2a - -- -
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Andy B chain
Chief Financial Officer
APPROVED AS TO FORM:
Linda L. ChamaIes,
Economic Development Attorney
askityattlLindaNalencia PID Establishment
May I9.2011
Valencia PID Establishment 4
EXHIBIT'A
Exhibit 1 nesolution No. 2011-RO310
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATE OF PUBLIC RECORD
I hereby certify, in the performance of the functions of my office, that one
signature on the attached document has been verified and that the same constitutes record
owners of taxable real property representing more than fifty percent (50%) of the
appraised value of the property (as determined by the current roll of the Appraisal
District, January 1, 2011) in the area known as Valencia, as shown on that attached map,
AND owners of more than fifty percent (50%) of the area of all taxable real property that
is liable for assessment under the proposal as required by Section 372.005(b) of the Texas
Local Government Code; the one petitioner owns 100% of land; said documents appear
of record in my office and that said documents are an official record from the public
office of the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and
is kept in said office.
I further certify that I am the City Secretary of the City of Lubbock, that I have
legal custody of said record, and that 1 am a lawful possessor and keeper and have legal
custody of the records in said office.
In witness whereof 1 have hereunto set my hand and affixed the official seal of
said office this 16th day of May, 2011.
(City Seal)
Rebebca Garza
City Secretary
City of Lubbock
Lubbock County, State of Texas
EXHIBIT A
Exhibit "I"
�ib6'ock
TEXAS
May 5, 2011
To: Becky Garza, City Secretary
Cheryl Brock, Senior Financial Analyst
Rob Allison, Assistant City Manager
From: Sally Still Abbe, G1S Manager
Re: Valencia Petition
Recently, the City Of Lubbock received a petition dated April S, 2011 from Drew Wegman,
Vice -President of Real Property Resources, Inc., requesting that the City of Lubbock establish a
Public Improvement District (PID) for the proposed Valencia 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. There is only one owner of land within the PID
boundary, and the vice-president of this company signed the petition.
The first test is that the petition is sufficient if 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 (January 1, 2011). Since the petitioners
own 100% of the property within the boundary, the petition easily 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% of the number of record owners or the record owners of more than
50% of the area within the PID. There is only one owner in the PID, who signed the petition.
Real Property Resources, Inc. owns 100% of the land, so the petition passes both tests even
though it is required to pass only one.
The notarized signature on the Valencia petition was validated by a visual review
EXHIBIT A
Exhibit "I"
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE
IMPROVEMENTS TO VALENCIA
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 L Swine 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 (H) the record owners of taxable veal property that constitutes
more than 50% of the area of all taxable real property that is liable for assessment under such
proposal.
S 92a 2. General nature of the 8roRgmd maintenance of the Rublic improvements.
The general nature of the proposed public improvements is: (i) maintenance of Parks and greens
together with any ancillary structures, features or amenities such as playgrounds, athletic
facilities, pavilions, community facilities, irrigation. walkways, lighting, fences, benches, trash
receptacles and any similar items located therein along with all necessary grading, drainage, and
similar infrastructure involved in the maintenance of such parks and greens; landscaping,
hardscape and irrigation; and (ii) costs of establishing, administering and operating the District.
The improvements associated with the Public Improvement District are a benefit to the affected
property and to the City of Lubbock because they visually enhance the area as well as provide a
common area for residents to enjoy increasing the overall quality of life in the affected area.
Section J. Estimated cost of the maintenance of the pro2gsed public improvements:
Annual maintenance costs - $18,000.
Section 4. Boundaries. The proposed boundaries of the District arc described in
Exhibit A.
Section 5. Method of assessment. An assessment methodology has been prepared
that will address (i) bow 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
LUa20015WW
Was 1034400_1 DOC
r. EXHIBIT A
Exhibit "l"
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 b. Apportionment of Cost between Jbg C y 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. Manx ea went of the District The City will manage the District, or, to the
extent allowed by law, the City may contract with either a non-profit, or a for -profit organization
to carry out all or a part of the responsibilities of managing the District, including the day -today
management and administration of the District.
Section 8. AdviMa 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.
LUB20015WW
Dalln 10344W_I DOC
[Signature on following page]
.2.
EXHIBIT A
Exhibit "1"
PETITIONERS:
Real Property Resources, Inc.
Drew Wegnm, V e-President of Real Property Resources, Inc.
THE STATE OF TEXAS §
COUNTY OF LU13BOCK §
On this, the 8`h day of April, 2011, before me, the undersigned Notary Public, personally
appeared Drew Weg man who acknowledged that he is Vice -President of Real Property
Resources, Inc., 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.
� &,h L�-h 14
JENNE M. BICKETT Notary blic Signamne
W" Pubic, mw d Tmrer
COMYrAm
�aaionE*mto-13,4013
Signature Page for Petition
EXHIBIT A
Exhibit "1"
EXHIBIT A
The Land
METES AND BOUNDS DESCRIPTION:
A 39.941 ACRE TRACT OF LAND SITUATED IN 7RAT CERTAIN 199.832 ACRE TRACT OF LAND RECORDED IN
VOLUME 6937, PAGE 174 OF THE REAL. PROPERTY RECORDS OF LUBBOCK COUNTY, INCLUDING LOT 413 OF
SPECTRA LUBBOCK SOU HWFS17, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
ACCORDING TO THE MAP OR FLAT THEREOF RECORDED IN PLAT AND DEDICATION NO.2W6044435 OF THE
OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, AND LOCATED IN SECTION 28, BLOCK A.K. LUBBOCK
COUNTY, TEXAS, SAID 39.941 ACRE 1TlACT BEING FURTHER DESCRIBED BY M]EM AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH CsLP MARKED "STEVENS RPLS 4339" SET IN THE EAST LINE OF LOT 4.A,
SPECTRA LUBBOCK SOUIFIW ITT. AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY. TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT AND DEDICATION NO.2006044435 OF THE
OFFICIAL. PUBLIC RECORDS OF LUBBOCK COUNTY, AND S. 010 49' 05' W. A DISTANCE OF 175.00 FEET
FROM THE SOU`rH VEST CORNER OF TRACT A-1, A REPLAT OF TRACT A, MONTEREY CHURCH OF CHRIST
ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUBLE 10299, PAGE 264 OFTHE HE OFFICIAL PUBLIC RECORDS OF LUBBOCK
COUNTY, FOR THE NORTHWEST CORNER OF THUS TRACT, HAVING COORDINATES OF NORTHING:
7ASZ079.842 AND E .STING 916,426.179. TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, N-'AD 83 (CORS 96),
WHENCE THE NORTHWEST CORNER OF SECTION 28 BEARS N. 010 4V 05" B. A DISTANCE OF 1001.91 FEET, N. 016
54' 20" E. A DISTANCE OF 55.00 FEET AND N. 880 05' 40' W. A DISTANCE OF 1360-47 FEET, PER CALLED
DISTANCES N SAID PLAT OF TRACT A-1 AND IN PREVIOUS WARRANTY DEEDS RECORDED IN VOLUME 6937,
PAGES 174 AND 178 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY;
THENCE S. 8V 11' Ol" E., PAR1LL EL WIT2-I THE SOUTH LINE OF SAID TRACT A-1 (PREVIOUS RECORD cu.L.
EAST), AT A DISTANCE OF 150.20 FEET PASS A 1/2" IRON ROD WITH CAP MARKED-STEVENS RPLS 4339" SET IN
REFERENCE, CONTINUING FOR A TOTAL DISTANCE OF 1282.20 FEET TO A 1/2" IRON ROD WITH CAP MARKED
STEVENS RPLS 4339" SET IN THE EAST LINE OF SAID 199.932 ACRE TRACT FOR THE NORTHEAST CORNER OF
THIS TRACT;
THENCE S. 01° 45' 05" W. ALONG THE EAST LINE OF SAID 199.832 ACRE TRACT (PREVIOUS RECORD CALL. S. 000
02' SW E) AND THE CENTERLINE OF IOLA AVENUE AS DEDICATED BY THE PLATS OF REGAL PARK,
ACCORDING TO THE MAPS OR PLATS THEREOF RECORDED IN VOLUME 8405, PAGE 296 AND VOLUME 10114,
PAGE 58 OF THE OFFICIAL, PUBLIC RECORDS OF LUBBOCK COUNTY, A DISTANCE OF 99Z97 FEET TO A PK
NAIL AND WASHER FOUND AT 711E NORTHEAST CORNER OF THAT CERTA N TRACT OF LAND CONVEYED
TO LUBBOCK LAND INVESTT<ENIIS I, LP RECORDED IN VOLUME 10469, PAGE 124 OF THE OFFICIAL. PUBLIC
RECORDS OF LUBBOCK COUNTY, FOR THE SOUTHEAST CORNER OF THIS TRACT.
THENCE N. 88' IW 05" W., ALONG THE NORTH LINE OF SAID LUBBOCK LAND INVESTMENTS I. LP TRACT, AT A
DISTANCE OF 3200 FEET PASS A 1/2" IRON ROD WITH CAP MARKED "H. REED do ASSOCS" FOUND,
CONTINUING FORA TOTAL DISTANCE OF 1118.38 FEET (PREVIOUS RECORD CALL: N. 88° 09' 50" W, 1118.38
FEET) TO A 1/2" IRON ROD WITH CAP MARKED "H. REED & ASSOf.S" FOUND FOR A CORNER OF THIS TRACT;
THENCE N. 010 48' 45" E, ALONG A PORTION OF THE NORTH LINE OF SAID LUBBOCK LAND LN%T.M. TENTS I,
LP TRACT, A DISTANCE OF 146.21 FEET (PREVIOUS RECORD C-AM- N. 01° 48' 13" 1, 146.21 FEET) TO A 1/2" IRON
ROD WITH CAP ��IAIWED ^H. REED & ASSOCS" FOUND FOR A CORNER OF THTS TRACT;
THENCE N. Uo 09' 49" W., ALONG THE NORTH LINE OF SAID LUBBOCK LAND NTESI M-41S I. LP TRACT, A
DISTANCE OF 1468.08 FEET (PREVIOUS RECORD CALL N. 88" 10' 43" W,1467.86 FEET) TO A 1/2" IRON ROD WITH
CAP MARKED "bTEVEN3 RPLS 4339" SET IN 'THE EAST RIGHT-OF-WAY LINE OF MILWAUKEE AVENUE, AS
DESCRIBED IN DEED RECORDED IN VOLUME 9735, PAGE 349 OF THE OFFICIAL PUBLIC RECORDS OF
LUBBOCK COUNTY, FOR THE SOUTHWEST COLVER OF THIS T ILA T;
THENCE N 010 43' l'" E. ALONG 711E EAST RIGHT -CIF -WAY LINE OF MILWAUKEE ,AVENUE (PREVIOUS
RECORD CALL N. 01° 43' 58" E.), A DISTANCE OF 29200 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHWEST
CORNER OF TRACT A, W.ALALART SL'PERCENTER, AN ADDITION 'IO THE CITY OF LUBBOCK. ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN PLAT AND DEDICATION NO. 20060249M OF THE OFFICLAL PUBLIC
RECORDS OF LUBBOCK COUNTY, FOR TIfE MOST WESTERLY NORTI IVIWEbT CORNER OF T711S T p-AC-T;
A-1
EXHIBIT A rr_
Exhibit "I"
THENCE S. 88' 09' S1" E., ALONG THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 915.02 FEET (PREVIOUS
RECORD CALL: S. 88' MY 10" E, 914.93 FEET) TO A 5/8" IRON ROD WMI C-1P xIARKED "DL'NAW.\Y ASSOC, INC"
FOUND AT THE SOMEAST CORNER OF SAID TR.ICT A AND TI IE SOUTHWEST CARVER OF LOT 4B OF SAID
SPECTRA LUBBOCK SOUTHWEST, FORA CORNER OF THIS TRACT,
THENCE N. 01' 49' SO- E, ALONG THE COMMON LINE OF SAID TRACT A AND LOT 4B, A DISTANCE OF 28259
FEET (PREVIOUS RECORD CALL• N. Ol' 49' SO' E, 28278 FEET) TO A 1 /3' IRON ROD WITH CAP \LUCKED
"STEVENS RPLS 4339" SET AT THE WEST COW%fON CORNER OF SAID LOTS 4A AND 411 FOR A CORNER OF THIS
TRACT:
THENCE S. W 10' 10" E, ALONG THE COI MON LINE OF SAID LOTS 4A AND 4B, A DISTANCE OF 3W2 FEET
(PREVIOUS RECORD CALLS. 88' 10' 10- E, 388.47 FEET) TO A 1 /2" IRON ROD WCIH CAP `LARKED "STEVENS
RPLS 4339" SET AT THE EAST CO1MfON CORNER OF SAID LOTS 4A AND 4B FOR A CORNER OF THIS TRACT;
THENCE N. 010 49' OS" E., ALONG THE EAST LINE OF SAID LOT 4A (PREVIOUS RECORD CALL.- N, Ol' 49'
14" E.), A DISTANCE OF 271.71 FEET TO THE POINT OF BEGINNING.
Mi
EXHIBIT A
Exhibit "I"
r
BERNBOUGH
HOMES
April 8, 2011
Cheryl Brock
City of Lubbock, TX
1625 13d' Street
Lubbock, TX 79457
Re: Valencia, Public improvement District
Dear Honorable Mayor and City Council;
Valencia is a residential development within the city limits of the City of Lubbock bound
on the west by Milwaukee Avenue, the east by Iola Avenue, the north by Monterey
Church of Christ, and the south by The Trails at Regal Park. We are proposing to create
a Public Improvement District "PID" to maintain the public improvements for Valencia.
In order to comply with the "Public Improvement District Policies and Guidelines", we
are providing information as required in Section III. "Guidelines", b. "Petition
Requirements". We are providing information regarding items 5-16, as follow:
5. If the 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
6. Map of the area is attached to this email to be added to the petition.
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.
9. City owned land in the distinct will be "Tract A & Tract B, Valencia, an addition to
the City of Lubbock".
10. General description of proposed improvements in Section 2 of the petition.
11. The estimated total cost of the improvements is $200,000.00 and will be paid by
developer with no desire for any reimbursement. The estimated cost of the maintenance
is $19,000 per year and is to be paid for by the PID as soon as the funds are available.
12. Budget is attached in the service plan.
EXHIBIT A
Exhibit "1"
BUENBOUGH
-HOMES
13. Method of assessment will be base on the net taxable value of the affected properties
and will be assessed at $.11 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
Hopefully this will provide all of the information requested to continue with the creation
of the PID. Please let me know if you have any questions or require any additional
information.
3iwieh%u-
Community Development
Betenbough Homes
EXHIBIT A f
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4.._:eaolution No. 2011—R0310
Exhibit "1"
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EXHIBIT A
Exhibit "2"
The Land
METES AND BOUNDS DESCRIPTION:
Resolution No. 2011-RO310
A 39.941 ACRE TRACT OF LAND SI'IIJA*I*liD IN TIIATCERTAIN 199.832 ACRE 17ir1Cl' OI- 1-AND RECORDED IN
VOLU\IL 6937, PAGE 174 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, INCLUDING I.OT 4B Of --
SPECTRA LUBBOCK SOUTHWEST, AN ADDITION 'I'O TILE CITY OF LUBBOCK, LUBBOCK COUNTY, 'II:XAS,
ACCORDING TO TI IL NEAP OR PLAT 1*1IEREOF RECORDED 1N PLAT :AND DEDICATION NO. 2006044435 OFTI IE
OFFICIAL PUBLIC RECORDS OE- LUBBOCK COUNTY, AND LOCA'I'LD IN SECTION 28. BLOCK AK, LUBBOCK
COUNTY, TEXAS, SAID 39.941 ACRE'IRACI' BEING FURI'I ILR DESCRIBED BY A1LTIi5 AND BOUNDS AS FOLLOWS:
BEGINNING A'I' A 1/2" IRON ROD WITI I CAP MARKED';4T'EVENS RPIS 4339" SET IN 1'1 IE CAST LINE OF LOT 4A,
SPECIIIA LUBBOCK SOUTIIWCS"T, AN ADDITION TO 1.11L CI'IY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
ACCORDING TOTI Ili NIAP OR PLAT TI IEREOF RECORDED IN PLAT .AND DEDICATION NO. 2006044435 OFTI I IE
OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, ,AND S. 01° 49' 05" W. A DISTANCE OF 175.00 FEET
FROM 'ITIE SOUTT IWES"I' CORNER OF TRACT A-1, A RE PLAT OF TRACT A, MONTEREY CI IURCI I OF CI IRIST
ADDITION, AN ADDITION TO TI IL CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO'11IL•' MAP
OR PLAT 11IEREOF RECORDED IN VOLU1%v1E 10299, RAGE 264 Own IE O TICIAL PUBLIC RECORDS OF LUBBOCK
COUNTY, FOR 'TIIE NOR111WES'T CORNER OF 'TIffS TRACT, HAVING COORDINATES OF NORTHING:
7?5' 079.842 AND EAS'1'ING: 916,426.179, TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, NAD 83 (CORS 96).
WI IL'NCE TI Ili NOR7I1 (WEST CORNER OF SECTION 28 BEARS N. 01' 49' 05" Ei. A DISTANCE OF 100L91 FEET, N. Of °
54' 20" E. A DISTANCE OF 55,00 FEET AND N. 88° 05' 40" W. A DISTANCE OF 1360.47 FEET, PER CALLED
DISTANCES IN SAID PLjVI' OF'I'Rf\CT A-1 AND IN PREVIOUS WARRANTY DEEDS RECORDED IN VOLUME 6937,
PAGI1 174 AND 178 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY;
'I'I ILNCC S. 88° 11' 01" E., PARALLEL WITH 'I11E SOU-111 LINE OF SAID TRACT A-1 (PREVIOUS RECORD CALL:
LAS-1), AT A DISTANCE OF 1250.20 FELT PASS A 1/2" IRON ROD W1TI•I CAP MARKED "STEVENS RPLS 4339" SLR' IN
R1il--EiRENCF., CONTINUING FOR A TOTAL DISTANCE OF 1282.20 FEET"1'O A 1/2" IRON ROD WIT'11 CAP MARKED
"S'IIiVENS RPIS 4339" SIs'1' IN TI IE EAST LINE OF SAID 199.832 ACRE TRACT FOR'ITIL' NORTI IEA.4T' CORNER OF
'11 l IS'IRACI';
1TIE.NCE S. 010 45' 05" W., ALONG TI IC EAST LINE OF SAID 199,832 ACRE, TRACT (PREVIOUS RECORD CALL.: S. 00°
02' 50" E.) AND THE CENTERLINE OF IOLA AVENUE AS DEDICATED BY -1-1IC PLATS OF REGAL PARK,
ACCORDING TO TI IC MAPS OR PLATS TI II:REOF RECORDED IN VOLUAIE 8405, PAGE 286 AND VOLUME 10114,
PAGE 58 OF TI IE OFFICIAL. PUBLIC RECORDS Of- LUBBOCK COUNTY, A DISTANCE OF 992.97 FELT -1'0 A PK
NAIL. AND WASI11-',R FOUND AT TIME NORTI fEAS'I' CORNER OF —IT IAT CERTAIN TRACI' Ol- LAND CONVEYED
TO LUBBOCK LAND INVESTMENTS 1, LP RECORDED IN VOLUME 10469, PAGE 124 OF THE OFFICIAL PUBLIC
RECORDS OF LUBBOCK COUNTY, FOR 11 IC SOUTI IE. AST CORNER OF TI IIS TRACT;
TI IENCE N. 880 10' 05" W., ALONG TI Ili NOR n I LINE OF SAID LUBBOCK LAND INVES-I'AIENTS I, LP TR AEI', N1' A
DISTANCE OF 32.00 FEET PASS A 1/2" IRON ROD WITH CAP ALIRKED "If. REED & ASSOCS" FOUND,
CONTINUING FOR A 'I'OTAI. DISTANCE OF 1118.38 FEET (PREVIOUS RECORD CALL: N. 8V 09' S0" W., 1118.36
1-*Eli'I) T'O A 1/2" IRON ROD WPTI I CAP b1ARKED "1 E. REED & ASSOCS" FOUND FORA CORNER OF TI 1IS TRACT;
'111ENCE N. 010 48' 45" E., ALONG A PORTION OF'I11Is NOR'I'11 LINE OF SAID LUBBOCK I.AND INVESTMENTS 1,
A DISTANCE: OF 146.21 FRET (PREVIOUS RECORD CALL N. Ol° 48' 13" E., 146.21 FCL''I) T'O A 1/2" IRON
ROD WIT'11 CAP MARKED "If. REED & ASSOCS" FOUND FOR A CORNER OF'r IIS'IR10E';
THENCE N. 88° 09' 49" W.. ALONG ME NOW111 LINE OF SAID LUBBOCK LAND INVESTMENTS 1, LP 'TRACT, A
DIST':ANCE OF 1468.08 PET.-sT (PREVIOUS RECORD CALI- N 88° 10' 43" W.,1467.86 FEM) TO A 1/2" IRON ROD WTTI I
CAP MARKED "STEVENS RPLS 4339" Skl' IN '1TIEi EiAS'I' R1G1I'1'-OF-WAY LINE OF MILWAUKEE AVENUE, AS
DESCRIBED IN DEED RECORDLD IN VOLUME 9735, PAGE 349 OF T] IE OFFICIAL PUBLIC RIXORDS Of-'
LUBBOCK COUNTY, FOR 111E SOU'll IWFS'I' CORNER OF TI I IS TRACT—,
'111ENCE N. 01° 43' 17" f?, ALONG '111E4' EAST RIGHT-OF-WAY LINE Ol: MILWAUKEE AVENUE (PREVIOUS
RECORD CALL: N. 0I* 43' S8" E.), :A DISTANCE OF 292.00 FEET" 1'O A 5/8" IRON ROD FOUND AT T EL' SOUTI NVES'l'
CORNER Ol- 'TRACT.A, WALAIART SUPLRC:ENIT3R, :AN ADDE'IION TO ME CITY OF LUBBOCK. ACCORDING 1'0
l I IE M AP OR PI. ATTT IL-'REOF RECORDED IN PIeAT ,AND DEDICATION NO, 2006024909 OF TI IL OFFICIAL PUBLIC
RECORDS Of- LUBBOCK COUNTY, FOR'I'11I; BIOS[' WESTERLY NOfi11lWf5T' CORNER OF TT EIS TRACT;
A- I
EXHIBIT A"
'I'I IL•:NCI: S. 880 09' 54" E- ALONG T lF i
SOU71I LINE OF SAID 1R\CT .\, A DKI'ANCE OF 915.02 FITT WR13\'IOUS
RECORD CM.I: S. 88° IV 10" E-, 914.93 f lili'I)'I'O A 5/8" IRON ROD \1111 I CAP MARKED "DUNAWAY ASSOC. INC"
FOUND AT II•IE SOUT TEAS I' CORNER OF SAID TRAM' A AND TFtE SOU'['i l\VE:S"I' CURNLiR OF I.O7' 4B OF SAID
SPECI1kA LUBBOCK SOUTI IWistiT, FOR ACORN FR III IS'IR1C7';
'I'l II:NCE N. 01* 49' 50" 1:,, ALONG 'Il Itd CO\I\ION I.IN1s OF SAID 'IR\C1' A .\ND 1.O'1' 4B, A DI5'I'.\NCI: Ol-'282.59
FEET (PREVIOUS RECORD CALL N. 01* 49' 50" E., 282.78 FliM) TO A 1/2" IRON ROD WI'11I CAP MARKED
"SIEVENS RPIS 4339" SUI' AT TI IE \VESI' (:O\I\ION CORNER OF SAID I.U'17S 4A AND 4B FORA CORNER OF TI Its
'17L•\CI';
'17IENCIi S 880 IV IV' E., ALONG TI EE COMMON LINK OF SAID LOTS 4A AND 48, A D151'.\NCI: OI- 388.52 1-1:01'
(PREVIOUS RECORD CAIJ: S. 88° 10' 10" E., 388.47 I-EI 1) TO A 1/2" IRON ROD WI III CAP MAPLKI:D "SI NENS
RPIS 4339" SET AT'Cf it:. HA. 1' COMMON CORNER OF SAID LOTS 4A AND 4B FOR A CORNER OF 11IIS'!
'I IUNCL N. 010 49' 05" I-... ,\LONG 1111" I ASI' I.INE 01: SAID 1.01' 4A (PREVIOUS RECORD CALL: : N. 010 49'
14" U b A DISI'ANCI, OF 271.71 FEET I'O TI IF. POINT' OF 813GINNING.
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City of Lubbock, TX
Finance Department
Valencia PID Assessment and Service Plan
Exhibit B
Method of Assessment
• Properties will be assessed based on the City's 2018 "net taxable value" as established by the Lubbock Central Appraisal District and
submitted to the City under Tax Code Section 26.04.
• Assessment rate will be $0.11/$100 valuation.
• All property will be assessed based on the final 2018 "net taxable value".
Service Plan
Calendar Year^
Property Values*
Discounted Property Values « 90%
Fiscal Year Revenues
Interest Earnings
Assessment rQ 50.1 I
Total
Expense
87th Street Park "Tract A" 1.13 Acres
Maintenance of Park
87th Street Median "Tract B" .07 Acres
Maintenance of Median
Electric Costs
Administrative Costs
Annual Operation Cost
(LCAD Collection Cost and Cost of
setting assessments each year)
Total
Cash Reserve
• Property Value growth rate = 2%annually
^ Year that the construction value goes on the tax roll
Aetunl
Pronosed
2015
2016
2017
2018
2019
2020
2021
2022
Totals
S 10,397,559
12,610,947
19,533,361
26,618,598
27,150,970
27,693,989
28,247,869
28,812,827
$ 28,812,827
10,397,559
12,610,947
17,580,025
23,956,738
24,435,873
24,924,590
25,423,082
25,931,544
25,931,544
2015-16
2016-17
2017-18
2018-19
2019-20
2020-21
2021-22
2022-23
Totals
S 82
237
130
804
1,223
1,658
2,110
2,578
8,822
12,407
13,911
19,338
26,352
26,879
27,417
27,965
28,525
191,375
$ 12,489
14,148
19,468
27,156
28,102
29,075
30,075
31,103
$ 200,197
330
723
725
800
816
832
849
866
5,945
3,368
3,547
4,200
4,300
4,386
4,474
4,563
4,654
36,830
S 3,697
4,270
4,925
5,100
5,202
5,306
5,412
5,522
S 42,777
$ 17,891
27,769
1 42,312
64,368
87,268
111,038
135,700
161,281
S 161,281
Assessment Information
2010-2020
Assessment per $100,000
87th Street Park "Tract A"
Shall include weekly lawn care, weekly cleaning, fertilizer, preemergent,
tree trimming, replacement of plants, upkeep of structures, maintenance
of irrigation system and ground cover.
Maintenance of Park"
87th Street Median "Tract B"
Shall include weekly lawn care, weekly cleaning, fertilizer, preemergent,
tree trimming, replacement of plants, upkeep of structures, maintenance
Maintenance of tvledian••
of irrigation system and ground cover.
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