HomeMy WebLinkAboutResolution - 2022-R0186 - Interlocal Agreement with Lubbock Central Appraisal District - Willow Bend Villas PIDResolution No. 2022-RO186
Item No. 7.10
April 26, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
and on behalf of the City of Lubbock, an Interlocal Agreement for the Collection of Assessme
Levied on Property Within the Willow Bend Villas Public Improvement District, by and betw
the City of Lubbock and Lubbock Central Appraisal District of Lubbock, Texas, and relf
documents. Said Agreement is attached hereto and incorporated in this resolution as if fully
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
April 26, 2022
DANIEL M. POPE, MAYOR
C), velee 4. -
Rebec a Garza, City Secret y
APPROVED AS TO CONTENT:
D. lu K telich, Chi cial Officer
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdocs/RES.Interlocal Agreement-LCAD, Willow Bend Villas PID
4.4.20
Resolution No. 2022-RO186
INTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS LEVIED
ON PROPERTY WITHIN THE WILLOW BEND VILLAS PUBLIC IMPROVEMENT
DISTRICT
This Interlocal Agreement for the Collection of Assessments Levied on Property Within the
Willow Bend Villas Public Improvement District (this "Agreement") is made by and between the
City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the "City"), and the
Lubbock Central Appraisal District, (the "LCAD") (each a "Party" and collectively the "Parties"),
for the collection of assessments levied within the Willow Bend Villas Public Improvement
District of the City of Lubbock (the "PID") pursuant to the authority granted by, and in compliance
with, the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, and the provisions of Chapter 372 of the Texas Local Government Code (the "Act').
RECITALS
WHEREAS, on October 26, 2021 the City Council of the City (the "Council') passed Resolution
2021-RO439 according to the Act, and designated the Council as the entity responsible for the
management and provision of services to the PID, with such Resolution attached to this Agreement
as "Exhibit A" ; and
WHEREAS, on December 14, 2021, the Council passed Ordinance 2021-00170, approving the
Service Plan for the PID, with such Service Plan attached to this Agreement as "Exhibit B" ; and
WHEREAS, the Council levied assessments for 2022 in accordance with the Service Plan; and
WHEREAS, the Act requires that the Council annually review the Service Plan, prepare and file
a proposed assessment roll with the City Secretary, schedule a public hearing and receive public
comment on the proposed assessments to be levied on the property within the PID, and levy
assessments according to the Service Plan; and
WHEREAS, the Council desires to enter into a contract with LCAD to provide all the services
necessary for the collection of assessments levied by the Council against the property within the
PID and to deposit such assessments with the City for the benefit of the PID; and
WHEREAS, LCAD is able and willing to perform said assessment collection services and desires
to enter into a contract with the City for the collection of assessments levied on property within
the PID; and NOW THEREFORE, the Parties agree as follows:
AGREEMENT
ARTICLE I: RECITALS AND EXHIBITS MADE A PART OF AGREEMENT
The representations, covenants, and recitations set forth in the foregoing Recitals are material to
this Agreement and are hereby incorporated into and made a part of this Agreement as though they
were fully set forth in this Article I. "Exhibits A and B" attached hereto are incorporated into this
Agreement as if fully set forth herein.
City of Lubbock & Lubbock Central Appraisal District — Willow Bend Villas PID Assessment Collection Agreement Page 4
ARTICLE II: RESPONSIBILITIES OF LCAD
(a) LCAD, acting by and through its duly authorized officers, does hereby agree to perform all
calculation and collection services on behalf of the PID pursuant to the Act and City Ordinance
2021-00170, and to forward said funds to the City for deposit into a fund designated for
assessments levied on property within the PID (the "PID Fund").
(b) LCAD agrees to identify the properties within the PID liable for assessment and to calculate
the assessment due to the PID based on the City's 2022 net taxable value as determined by
LCAD for each property designated to be assessed under Ordinance 2021-00170.
(c) LCAD will send assessment bills to each affected property owner within the PID prior to
November 15, with such assessment bills due the following January 31.On or before March 1
of each year, and again prior to May 1, LCAD will calculate the amount of assessments
collected from property owners within the PID, and such amount shall be forwarded to the City
for deposit into the PID Fund.
ARTICLE III: RESPONSIBILITIES OF THE CITY
(a) The City shall provide to LCAD the following documents: a certified copy of Ordinance 2021-
00170; a list of the properties within the PID, identified by legal description and appraisal
district account number, designated for assessment under current and future assessment
ordinances; and, the name and phone number of a designated City official to be included on
the annual assessment bill for the purpose of answering questions concerning the assessment
contemplated under this Agreement.
(b) The PID, acting by and through its Board of Directors and the Council, does hereby agree to
pay to LCAD as compensation for services rendered pursuant to this Agreement, for all parcels
within the PID, an amount equal to the cost per parcel for all other cities and independent
school districts as calculated in the AGREEMENT FOR ASSESSMENT AND COLLECTION
OF TAXES between the City and LCAD or one quarter ('/) of one percent (1 %) of the annual
collection budget of LCAD, whichever is greater.
(c) The compensation considered in Article III (b) shall be deducted by LCAD from the total
annual PID assessment collected prior to the collected funds being forwarded to the City for
deposit. Such deduction in the total annual amount of annual collected assessment shall include
a notation of the amount deducted and all relative documentation.
ARTICLE IV: COLLECTION OF DELINQUENT ASSESSMENTS
LCAD may contract with any competent attorney to assist in the collection of delinquent
assessments on behalf of the City acting for the PID. The attorney's compensation shall be set in
the contract, but the total amount of compensation provided to the attorney may not exceed the
amount authorized in Section 6.03 of the Texas Property Tax Code. Said compensation shall be a
deduction in the total annual amount of annual collected assessment and shall include a notation
City of Lubbock & Lubbock Central Appraisal District — Willow Bend Villas PID Assessment Collection Agreement Page 5
of the amount deducted and all relative documentation.
ARTICLE V: TERM
The term of this Agreement shall be for a period of one (1) year, from the date of execution of this
Agreement (the "Term"). The Term may be extended through a writing signed by the Parties that
incorporates identical provisions laid out in this Agreement (an "Extension").
ARTICLE VI: TERMINATION
(a) This Agreement shall not be terminated for convenience by either Party during the Term or
any Extension.
(b) Upon the breach of any of the provisions contained in this Agreement, the non -breaching Party
may terminate this Agreement after giving sixty (60) days written notice to the breaching Party.
(c) In the event of early termination provided for in section (b) of this Article, LCAD shall
immediately forward to the City any and all funds collected before termination in accordance
with Articles II and IV of this agreement.
ARTICLE VII: NOTICE
Whenever notice of any kind is authorized or required to be made under this Agreement, such
notice shall be given by United States registered or certified mail, postage prepaid, return receipt
requested and addressed to the Parties as set out below, or to such other address as may hereafter
be designated:
WILLOW BEND VILLAS PUBLIC IMPROVEMENT DISTRICT LUBBOCK CENTRAL APPRAISAL DISTRICT
CITY OF LUBBOCK CHIEF APPRAISER, LCAD
ATT: DIRECTOR OF FINANCIAL PLANNING & ANALYSIS P.O. Box 10542
P.O. Box 2000 2109 AVE Q
1314 AVENUE K LUBBOCK, TEXAS 79408
LUBBOCK, TEXAS 79457
ARTICLE VIII: AMENDMENTS
This Agreement constitutes and expresses the entire arrangement between the Parties and shall not
be amended or modified except by written instruments signed by both Parties.
SIGNATURES
IN WITNESS WHEREOF, the Parties hereby execute this Agreement by their duly authorized
representatives on April 26 , 2022.
City of Lubbock & Lubbock Central Appraisal District — Willow Bend Villas PID Assessment Collection Agreement Page 6
FOR LOAD:
Greg Jones, C irm
Board of Directors
FOR LOAD:
y McQueen, Secretary
Board of Directors
FOR CITY:
Daniel M. Pope,
ATTEST:
- 6QJZ�� � 67
Becky t
arza, City Secretary
AS TO CONTENT:
A5-�
D. Blu Kos Lich, Chie inancial Officer
AS TO FORM:
Kelli Leisure, Assistant City Attorney
City of Lubbock & Lubbock Central Appraisal District — Willow Bend Villas PID Assessment Collection Agreement Page 7
Resolution No. 2021-R0439
Item No. 8.5 EXHIBIT A
October 26, 2021
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, APPROVING AND
AUTHORIZING THE CREATION OF THE WILLOW BEND VILLAS PUBLIC
IMPROVEMENT DISTRICT
WHEREAS, the City Council (the "Council") of the City of Lubbock (the "City") has
received a petition (the "Petition") with signatures from the record owners of taxable real
property representing more than fifty percent (501/o) of the appraised value of an area within
the City as determined by the most recent certified appraisal roll of the Lubbock Central
Appraisal District, and owners of more than fifty percent (50%) of the area of all taxable
real property that is liable for assessment under the area covered by the Petition; and
WHEREAS, the Petition requests that the City establish a public improvement district
according to Chapter 372 of the Texas Local Government Code for the general purpose
of financing improvements and services related to:
(a) acquisition, construction, or drainage facilities or improvements, 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), 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
(b) payment of costs associated with developing and financing the public improvements
listed in subdivision including costs of establishing, administering and operating the
District; and
WHEREAS, the Petition, a copy of which has been attached to and made a part of this
Resolution as "Exhibit I", 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; and
WHEREAS, the Petition covers property within an area generally bounded by 19'h Street
to the North, Kelsey Avenue to the East, and railroad tracks to the south and west, with
such property being the development known as Willow Bend Villas, and a description and
depiction of the property covered by the Petition is attached to and made a part of this
Resolution as "Exhibit 2"; and
IEREAS, notice of the public hearing was published in the Lubbock Avalanche-
rnal, a daily paper of general circulation in the City, such publication date being before
fifteenth (15'h) day before the date of the public hearing, stating the time and place of
public hearing, the general nature of the services, the estimated cost of the services, the
ndaries of the proposed public improvement district, the method of assessment, and the
ortionment of cost between the public improvement district and the City; and
EXHIBIT A
WHEREAS, before the fifteenth (15 h) day before the date of the public hearing, written
notice of the proposed public improvement district was mailed to the current addresses of
the record owners, as reflected on the most recent certified appraisal roll of the Lubbock
Central Appraisal District, of property subject to assessment under the proposed public
improvement district; and
WHEREAS, the public hearing was convened at the time and place mentioned in the
published notice, on the twenty-sixth (2&) day of October, 2021, at five (5:00) p.m., at
Citizen's Tower, located at 1314 Avenue K, Lubbock, Texas; and
WHEREAS, in accordance with the published and mailed notices, the Council called the
public hearing and heard public comment from interested persons speaking in favor or
opposition to the proposed public improvement district and the Council heard a report by
City staff 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, the proponents of the proposed public improvement district offered evidence,
both oral and documentary, in favor of all of the foregoing matters relating to the creation
of the proposed public improvement district, and opponents of the public improvement
district were given the opportunity to appear to contest authorization of the proposed public
improvement district, after which the Council closed the hearing; and NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct.
SECTION 2: THAT after conducting a public hearing, examining evidence, and hearing
testimony, the City Council finds and determines the following:
(a) That the public hearing on the advisability of authorizing the Willow Bend
Villas 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 Willow Bend Villas Public Improvement District; and
(b) That authorization of the Willow Bend Villas Public Improvement District with
boundaries depicted and described in "Exhibit 2" is advisable and will result in
benefits to the City, its residents, and the property owners in the Willow Bend Villas
Public Improvement District for the general purpose of financing improvements
and services related to:
(a) acquisition, construction, or drainage facilities or improvements,
the design, construction, and maintenance of parks and green spaces,
together with any ancillary structures, features or amenities such as
EXHIBIT A
playgrounds, splash pads, pool(s), 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
(b) payment of costs associated with developing and financing the
public improvements listed in subdivision including costs of
establishing, administering and operating the District; and
(c) That the total estimated cost of services and improvements to be paid by the
assessment generated within the Willow Bend Villas Public Improvement District
through Fiscal Year 2025-26 is approximately one hundred thirty six thousand eight
hundred fifty two dollars ($136,852) (the "Costs"), with such Costs being described
in "Exhibit 3" attached to and made a part of this Resolution; and
(d) That the Costs will be paid by the proposed assessment rate of fifteen cents
($0.15) per one hundred dollars ($100) of valuation of property within the Willow
Bend Villas Public Improvement District through Fiscal Year 2025-26, with such
proposed assessment being described in "Exhibit 3"; and
(e) That as to the apportionment of the Costs between the Willow Bend Villas
Public Improvement District and the City, all the Costs will be paid by the Willow
Bend Villas Public Improvement District through assessments on the property
within the boundaries of the Willow Bend Villas Public Improvement District.
SECTION 3: THAT subject to Chapter 372 of the Texas Local Government Code, the
City Council hereby authorizes a public improvement district over the area depicted and
described in "Exhibit 2" and such public improvement district shall be identified as the
Willow Bend Villas Public Improvement District, City of Lubbock, Texas.
SECTION 4: THAT the City Council hereby creates the Willow Bend Villas Public
Improvement District Advisory Board for the Willow Bend Villas Public Improvement
District. The Willow Bend Villas Public Improvement District Advisory Board shall act as
an advisory board of the City of Lubbock, and shall initially be composed of five (5)
members, each of whom will represent a developer of the property within the Willow Bend
Villas Public Improvement District. The Willow Bend Villas Public Improvement District
Advisory Board shall follow any and all rules, regulations, policies, and procedures related
to City of Lubbock advisory boards and the Criteria and Guidelines for Public
Improvement Districts. The initial members of the Advisory Board for the Willow Bend
Villas Public Improvement District shall serve a two (2) year term. The City Council may
extend the term of the initial governing board beyond two (2) years. The initial Advisory
Board of the Willow Bend Villas Public Improvement District will provide
recommendations to the City Council on all matters related to the initial development of
the Willow Bend Villas Public Improvement District, including matters related to the Costs
and to the assessments on properties located within the Willow Bend Villas Public
Improvement District. Upon the end of the term of the initial Advisory Board members of
the Willow Bend Villas Public Improvement District, an election will be held for the
EXHIBIT A
Willow Bend Villas property owners to vote on each of the five seats. Once an election
has taken place, the City Council will appoint the members of the Willow Bend Villas
Public Improvement District Advisory Board. The PID Board shall adopt and be governed
by a set of bylaws that, among other things, direct the PID Board as to its membership, its
purpose, and its procedure for conducting business related to the Willow Bend Villas
Public Improvement District.
SECTION 5: 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.
Passed by the City Council this 26th day of October , 2021.
UVV
DANIEL M. POPE, MAYOR
ATTEST:
- J. &A-eu .1c
Rebecka Garza, City Secretaly
relopment
APPROVED AS TO FORM:
A -m4u',"
K lli Leisure, Assistant City Attorney
EXHIBIT A
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
500/6 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) -XA 'E. -k
Reb=4 Garza
City SWNMM
City of Lubbock
Lubbock County, State of Texas
EXHIBIT A
c bbokTE
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 requestirgthe 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 valuetest.
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
morethan 50 percent ofthe area withinthe PID. The petitioners own 100percent ofthe 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.
r." '
Ow Addw " : lvurAdd� I 1Apes - iiME
R30086 BETENSOUGH HOMES LLC 630S 82ND ST WMOM TX W 880CK 79407 UK D6 SEC 6 A8 890 TR D12 & 6IUM $202 w oo $20L107.00
79424-MM TR C 04 AC: 65552 LESS ROW
A
EAV1151 I A
Willow Bend Villas Public Improvement District LU 1.1 i_ L I _ I 1
Q Willow Bend villas Pro
Pareele
Feet
Lot -Block Lines 0 250 WO 1.000
fA a1yof
Lubbock
O M'ArYMW-�j�-M-A��y
Uw�rwr��w�Y��Yw�rrrr►
EXHIBIT A
BETENBOUGH
HOMES'
September 20, 2021
Cheryl Brock
City of Lubbock, Tx
1625131" Street
Lubbock, Yx 79457
RE: Willow Bend Villas, Public Improvement District
Dear Honorable Mayor and City Council;
Willow Bend Villas (19" and Mackey) is a residential development within the city limits of the City of
Lubbock bound on the North by 191" 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 DistrIcL "PID", to
maintain the public improvements for Willow Bend Villas (19`" 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, S-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.
S. 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.
EXHIBIT A
BETENBOUGH
HOMES
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 191 street protecting the view for the public looking into the community,
and for the community as a buffer for 191 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 NO 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 S 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.
EXHIBIT A
BETENBOUGH
HOMES
C". BM2��/
Chris Berry
Development
Betenbough Homes
EXHIBIT A
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE
IMPROVEMENTS TO Willow Bend Villas (1911 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.
action 2. General nature of the pEggggggim v . 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 (t) including costs of establishing, administering
and operating the District.
aecnon s. Ustimated cast of the propgad ublic i provements 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. . The proposed boundaries of the District are described in
Exhibit A and Exhibit B.
Section 5. MOod of msmmmt. 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
Win 103"W. i.00c
EXHIBIT A
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 5. Anortionment 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 Councir).
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.
LUB21 IUM
DAU 1aMoo_i.00c
[Signature on following page]
-2-
EXHIBIT A
PETITIONERS:
Betenbough Homes LLC
efk- Aimz
Chifi Berry, Land Iduning Manager
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
1KEEyLLY D. OAKS
N*gM1t1Ba6TIM
8� G
01-1 011 EIOUIT q
On this, the day of SEP�►o6? 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
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 I" 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 "AMID ENG" set in place of a 1/2" iron rod
with a cap marked "WSCr' 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 19'h Street, as described in Volume 181. Page 214 and Volume 491, Page 47 of the
Deed Records of Lubbock County, Texas, at the northwest comer 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. Ol 0 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. 01° 51' 08" W. a distance of 370.84 feet to a I12" 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
"WSCr found at the southeast corner of said 2.0 acre tract for the most easterly northeast corner
of this said "Tract A";
THENCE S. O l ° 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 and 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 comer 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
EXHIBIT A
number 201OW1381 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 comer of said IL 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. 70° 19' W' 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. 64° 25' 16" W. a distance of 103.01 to a 1/2" iron rod with a cap marked "WSCr'
found at a point of intersection in the northeasterly right-of-way line of said railroad for a comer
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 66° 27' 17", a
chord distance of 991.73 feet and a chord bearing of N. 31° 13' 29" W., to a 1/2" iron rod with a
cap marked "WSCr' found at a point of tangency in the east right-of-way line of said railroad for
a comer of this said 'Tract A'';
THENCE N. 02° 00' 10" E., along the east right-of-way line of said railroad at a distance of
1482.82 feet pass the northeast comer of said right-of-way in Volume 6254, Page 30, same being
the southeast comer 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 A
EXHIBIT B
Sketch
A-3
EXHIBIT A
scerl"i d IN&DOW i-a
014
J111N
i71�[�C7ftAR."[�
LOG�nflt�tAiltLAiF�
immoocOO a itc i►8
IOOIA >OI�
0 Aw l
r� rail are
awe
"TMCTA• lip
GUMAOM
9
•
r
We
R-004A3' >m�ll s1R�T
LM404W
•.arrrlr al- aar0" ,,�►
ao�.�s' '
4s�-,lar,a�r�v�►.
r
� 1' — sov oiti
1
a caner. �!'
a m aounr Flat /Yapl
NO w T O�QAl1Oil
U.
11�y� �qp/ 1�®1 a) �� IOOA)1~Iq
im 1 COOmMtt ers�ll as /Mf t01q ne�>i/
anew a WLMIOCi on OR >MRpm 4YR111► W=
�ONSAIARIOM! ■eawraa�
A-4
EXHIBIT A
EXHIBIT A
The Land
Description, "Tract A":
A 63.1992 acre tract of land located in the East Half (E/2) of Section 6, Block D-6, Brooks and
Burleson Survey, Abstract Number 980, 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 "WSCt' 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 10 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: 897,482A8 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. 881 1 P 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 comer of
this said "Tract A' ;
THENCE S. 01 ° 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 comer of this said "Tract A';
THENCE S. 88' 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 UT' iron rod found at the end of said alley,
continuing at a distance of 2204.38 feet pass a UT' iron rod with a cap marked '%W' 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
EXHIBIT A
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. 70° 19' W' 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. 64' 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 comer
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 66' 27' 17", a
chord distance of 991.73 feet and a chord bearing of N. 311 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 comer of said right-of-way in Volume 6254, Page 30, same being
the southeast comer 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
Willow Bend Villas Pfiffik improvement District
Willow Bend Villas PID
Parcels
Lot -Block Lines
Feet
0 250 500 1,000
�I
ft_u'O�bl;�t
� Mti/ �► C��M M4 Myi1 �M �n�sY M M Mwr��l
fNr.YrM11� MWWr�w�M�MMw M�
�y�w�MYw MMM1MYM•�F-M��/MMM �
M��MInYr� M�Ar►M�MwMY� �wM
willow Bend Villas
Proposed Revenue/Expense Worksheet
Method of Assessment
• Properties will be assessed based on the City's 2022 "net taxable value" as established by the Lubbock Central Appraisal District
• Assessment rate will be $0.15/$100 valuation
• All property will be assessed based on the final 2022 "net taxable value".
Service Plan
PROPOSED
TAX YEAR
2022
2023
2024
202S
2026
Totals
Property Values*
8,750,000
22,050,000
37,366,000
53,863,320
54,940,586
54,940,586
Discounted Property Values
7,875,000
19,845,000
33,629,400
48,476,998
49,446,528
49,446,528
FISCAL YEAR REVENUES
FY 2022-23
FY 2023-24
FY 2024-25
FY 2025-26
FY 2026-27
Totals
-
-
-
1,533
1,S33
Interest
Assessment @ $0.15
11,813
29,768
50,444
72,715
74,170
238,909
Assessment @ $0.10
-
-
-
-
Total
11,813
29,768
SOA44
72,715
75,703
24OA42
EXPENSES
Park i
Pocket Park (playscape and landscaping)
7,650
7,803
7,959
81118
31,530
Park 2
Pocket Park (playscape and landscaping)
7,650
7,803
7,959
8,118
31,530
Signage
Neighborhood Entry Signs
1,020
1,040
1,061
1,082
4,204
Landscaping
Trees along 19th st
1,020
1,040
1,061
1,082
4,204
Basing Landscaping
Prolrrigation and grass establishment
5,100
5,202
5,306
S,412
21,020
Electric Cost for irrigation
Proposed Parks 1 and 2
1,408
1,436
1,465
1,494
5,803
Administrative Costs
3,000
3,577
3,649
3,722
3,796
17,744
Annual Operating Costs
4,000
4,080
4,162
4,245
4,330
20,816
Paid by developer
Total
7,000 I
31,S05
32,135
32,778
33,4341
136,852
Cash Reserves
4,813
3,07S
21,384
61,321
103,5901
103,590
*Property Value growth rate = 2% annually
"Expense growth rate = 2% annually
Assessment Information for $100,000 home $ 150.00
Q
2021 Service and Assessment Plan
EXHIBIT A
Sec. 5.014. NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT. (a) A person who
proposes to sell or otherwise convey real property that is located in a public improvement district established under
Subchapter A, Chapter 372, Local Government Code, or Chapter 382, Local Government Code, shall first give to the
purchaser of the property the [a] written notice prescribed by Subsection (a-1) or (a-2), as applicable.
(a-1) Except for the notice prescribed by Subsection (a-2), the notice required by Subsection (a) shall be
executed by the seller and must, except as provided by Subsection (b), read as follows:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality or county
levying assessment), TEXAS CONCERNING THE FOLLOWING PROPERTY
(insert property address)
As the [a] purchaser of the real property described above, you are obligated to pay assessments (are
assessmeAt) to (insert name of [a] municipality or county, as applicable), Texas, for the costs of a portion of a public
[on] improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property
within (insert name of public improvement district) (the "District") created under (insert Subchapter A, Chapter 372,
Local Government Code, or Chapter 382, Local Government Code, as applicable).
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS,
WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE
IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID,
COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from (insert name of municipality or county, as
applicable). The exact amount of each annual installment will be approved each year by (insert name of city council
or county commissioners court, as applicable) in the annual service plan update for the district. More information
about the assessments, including the amounts and due dates, may be obtained from (insert name of [the]
municipality or county, as applicable).
Your failure to pay any assessment or any annual installment may result in penalties and Interest being
added to what you owe or in a lien on and the foreclosure of your property.
The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding
contract for the purchase of the real property at the address described above.
Date:
Signature of Purchaser
(a-2) For a district described by Section 372.0035, Local Government Code, the notice required by
Subsection (a) shall be executed by the seller and must, except as provided by Subsection (b), read as follows:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality levying
assessment), TEXAS CONCERNING THE FOLLOWING HOTEL PROPERTY
(insert property address)
As the purchaser of the real property described above, you are obligated to pay assessments to (insert
name of municipality), Texas, for the costs of a portion of a public Improvement or services project (the "Authorized
Services") undertaken for the benefit of the property within (insert name of public improvement district) (the
"District") created under Subchapter A, Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED SERVICES, WHICH
MUST BE PAID IN FULL WITH EVERY PAYMENT BY THE HOTEL OF LOCAL HOTEL OCCUPANCY TAX REMITTANCES TO
THE MUNICIPALITY. YOUR FAILURE TO PAY THE ASSESSMENT MAY RESULT IN PENALTIES AND INTEREST BEING
ADDED TO WHAT YOU OWE, AND MAY INCLUDE THE PURSUIT OF ANY OTHER REMEDY THAT IS AUTHORIZED UNDER
SECTION 372.0035(d), LOCAL GOVERNMENT CODE.
Page -1-
2021 Service and Assessment Plan
EXHIBIT A
Information about the calculation of the assessment may be obtained from (insert name of the
municipality). The exact assessment rate will be approved each year by (insert name of city council) in the annual
service plan update for the district. More information about the assessments, including the assessment rate and due
dates, may be obtained from (insert name of municipality).
The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding
contract for the purchase of the real property at the address described above.
Date:
Signature of Purchaser
(b) The seller or the municipality or county that created the public Improvement district may provide
additional Information regarding the district in the notice prescribed by Subsection (a-1) or (a-2), including whether
an assessment has been levied, the amount of the assessment, and the payment schedule for assessments.
(c) This section does not apply to a transfer:
(1) under a court order or foreclosure sale,
(2) by a trustee in bankruptcy;
(3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by
a trustor or successor in interest;
(4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale
conducted under a power of sale under a deed of trust or a sale under a court -ordered foreclosure or has acquired
the land by a deed in lieu of foreclosure;
(5) by a fiduciary in the course of the administration of a decedent's estate, guardianship,
conservatorship, or trust;
(6) from one co-owner to another co-owner of an undivided interest In the real property;
(7) to a spouse or a person in the lineal line of consanguinity of the seller;
(8) to or from a governmental entity; or
(9) of only a mineral interest, leasehold interest, or security interest.
(d) For the purposes of this section, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring notice
Page -2 -
EXHIBIT B
First Reading Second Reading
December 7, 2021 December 14, 2021
Item No. 8.5 Item No. 6.12
ORDINANCE NO. 2021-00170
AN ORDINANCE ADOPTING A SERVICE PLAN FOR THE WILLOW BEND VILLAS
PUBLIC IMPROVEMENT DISTRICT, WITH SUCH SERVICE PLAN INCLUDING,
ASSESSMENT PLAN FOR SAID PUBLIC IMPROVEMENT DISTRICT;
ESTABLISHING REASONABLE CLASSIFICATIONS AND FORMULAS FOR THE
APPORTIONMENT OF THE COST BETWEEN THE CITY OF LUBBOCK, TEXAS
AND THE WILLOW BEND VILLAS PUBLIC IMPROVEMENT DISTRICT, AND THE
METHODS OF ASSESSING SPECIAL BENEFITS FOR VARIOUS CLASSES OF
IMPROVEMENTS OF PROPERTY WITHIN THE WILLOW BEND VILLAS PUBLIC
IMPROVEMENT DISTRICT; APPROVING, ADOPTING, AND FILING WITH THE
CITY SECRETARY OF THE CITY OF LUBBOCK, TEXAS AN ASSESSMENT ROLL
FOR THE WILLOW BEND VILLAS PUBLIC IMPROVEMENT DISTRICT; AND,
LEVYING THE ASSESSMENT FOR THE WILLOW BEND VILLAS PUBLIC
IMPROVEMENT DISTRICT AS A SPECIAL ASSESSMENT, SPECIFYING THE
METHOD OF PAYMENT OF THE ASSESSMENT, AND FIXING CHARGES AND
LIENS AGAINST THE PROPERTY IN THE WILLOW BEND VILLAS PUBLIC
IMPROVEMENT DISTRICT AND AGAINST THE OWNERS OF PROPERTY WITHIN
THE WILLOW BEND VILLAS PUBLIC IMPROVEMENT DISTRICT.
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") provides the process
by which the City of Lubbock, Texas (the "City") may create a public improvement district; and
WHEREAS, through Resolution No. 2021-RO439 the City Council of the City (the "Council")
authorized the Willow Bend Villas Public Improvement District (the "PID"); established the
boundaries of the PID; approved the estimated costs, method of assessment, and apportionment
of costs for the PID; and, created the initial advisory board for the PID; and
WHEREAS, through Resolution No. 2021-R0465, the Council directed City staff to:
(1) Prepare a Service Plan for the PID according to the Act with such Service Plan covering a
period of at least five (5) years, defining the annual indebtedness of the PID, projecting the
costs for improvements in the PID, and including an assessment plan for the PID;
(2) Prepare an assessment roll for the PID that states the assessment against each parcel of land
in the PID, with such proposed assessment roll to be filed with the municipal secretary and
being made available for public inspection;
(3) Send and publish notice of a public hearing according to the Act concerning the Service Plan;
and
WHEREAS, City staff has prepared a Service Plan for the PID according to the Act, prepared an
assessment roll for the PID, and has sent and published notice of a public hearing to be held at
five o'clock in the evening (5:00 PM), Tuesday, December 7, 2021, in the City Council Chambers,
1314 Avenue K, Lubbock, Texas, to consider the proposed apportionment and assessment for the
PID; and
EXHIBIT B
WHEREAS, at the adjournment of the public hearing the Council desires to hear and pass on any
objections to the proposed assessment for the PID and, through this Ordinance, to establish
reasonable classifications and formulas for the apportionment of the costs for the services and
improvements of the PID between the City and the PID, to approve, adopt, and file with the City
Secretary the Service Plan for the PID that includes an assessment plan and assessment roll for
the PID, and to levy an assessment as a special assessment on the property within the PID; and
NOW, THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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 Council has reviewed the Service Plan for the PID, which is attached
to this Ordinance as "Exhibit 1 ", and finds that it: covers a period of at least five (5) years; defines
the annual indebtedness ofthe PID; estimates the costs for improvements in the PID; and, includes
an assessment plan for the PID.
SECTION 3: THAT the Council hereby finds that the assessment rate provided in the Service
Plan for the PID is feasible and sound and will serve the needs and desires of the property owners
within the PID, and the Council hereby adopts the assessment rate of fifteen cents ($0.15) per one
hundred dollars ($100) of net taxable value for tax year 2022, as determined by the Lubbock
Central Appraisal District, of the property or improvements to the property located in the PID.
SECTION 4: THAT the Council finds that the assessment plan included in the Service Plan for
the PID provides for the apportionment of the cost of improvements to be assessed against the
property within the PID on the basis of special benefits accruing to the property within the PID
because of the improvements, and the Council hereby establishes the reasonable classifications
and formulas for the apportionment of the costs between the City and the PID and the methods of
assessment of the special benefits for the various classes of improvements within the PID as such
classifications, formulas, and methods are provided for in the assessment plan.
SECTION 5: THAT the Council hereby approves, adopts, and files with the City Secretary the
assessment roll that is attached to this Ordinance as "Exhibit 2", with such assessment roll stating
an estimate of the assessment to be levied against the property within the PID, and with the City
Secretary filing the assessment roll in the official records of the City and being subject to public
inspection.
SECTION 6: THAT the Council finds that the assessments should be made and levied against
the property within the PID and against the owners thereof, and that such assessments are in
proportion to the benefits to the property by means of the services and improvements in the PID
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
Act.
EXHIBIT B
SECTION 7: THAT there is hereby levied and assessed against the parcels of property within
the PID, 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 in the manner described in
the assessment plan and assessment roll.
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 herein,
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; and, with such
lien being attached 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; and, with such lien being perfected on attachment requiring no further action
by the Council.
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, 2023 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 (l') calendar
month it is delinquent plus one percent (1%) 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 (12%) of the amount
of the delinquent assessment without regard to the number of months the assessment has been
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 herein 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on December 7 .2021.
LOM Ilii:]
Passed by the City Council on second reading on December 14 , 2021.
STEVE SSE A , AYOR PRO TEM
ATTEST:
Q aQ.4 a
Ribe4ca Garza, City Secre
APPROVED AS TO CONTENT:
Blu Koste ieh, Chief Financial Officer
APPROVED AS TO FORM:
Aelliisure, Assistant City Attorney
ecdocs/ORD. Economic Development - Willow Bend Villas PID - Service Plan, Assessment Role, and Levy
I1-18-21