HomeMy WebLinkAboutResolution - 2008-R0066 - Interlocal Agreement - Lubbock Central Appraisal District - Asset Collection - 02_28_2008Resolution No. 2008-ROO66
February 28, 2008
Item No. 5.6
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement with
the Lubbock Central Appraisal District to provide the services necessary for the collection
of the assessments levied by the City Council against property in the Vintage Township
Public Improvement District. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 28th day of February~ , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
Reb.--ccl Garza, City Secretary
APPROeI'ED AS TO CONTENT:
Rob Aflisan, Assi-stet City Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section.
City An / Linda Res -Vintage PID Collection Agreement
February 13, 2008
Resolution No. 2008--R0066
INTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS
LEVIED ON PROPERTY WITHIN THE VINTAGE TOWNSHIP PUBLIC
IMPROVEMENT DISTRICT, CITY OF LUBBOCK, TEXAS
STATE OF TEXAS
COUNTY OF LUBBOCK §
This Agreement is entered into this 28th day of February, 2008, between the City of
Lubbock (hereinafter called "City") and the Lubbock Central Appraisal District,
(hereinafter called "Appraisal District") for collection of assessments levied within the
Vintage Township Public Improvement District of the City of Lubbock (hereinafter
called the "Vintage PID") pursuant to the authority granted by and in compliance with the
provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and
the provisions of the Public Improvement Assessment Act, Chapter 372, Texas Local
Government Code;
WHEREAS, the City Council of the City of Lubbock in Resolution No. 2007-
R0022 passed January 12, 2007, authorized and created the Vintage Township Public
Improvement District (Exhibit A) under Chapter 372 of the 'Texas Local Government
Code, 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 .tune 26, 2007, the City Council passed Ordinance No. 2007-
00058, (Exhibit B) as amended on February 14, 2008, pursuant to Ordinance No. 2008-
00005 (Exhibit C), approving the Service and Assessment Plan and Assessment Roll for
the Vintage Township Public Improvement District and levying assessments within the
Vintage PID in accordance with Chapter 372 of the Texas Local Government Code; and
WHEREAS, the City Council of the City of Lubbock desires to contract with the
Appraisal District to provide all the services necessary for the collection of assessments
levied by the City Council against property in the Vintage PID and to deposit such
assessments with the City of Lubbock for the benefit of the Vintage Township Public
Improvement District; and
WHEREAS, the Appraisal District is able and willing to perform said collection
services and is desirous of entering into an agreement with the City for collection of
assessments levied within the Vintage Township Public Improvement District;
NOW THEREFORE, the parties hereto agree as follows:
Vintage PID / LCAD Agreement
ARTICLE I
RECITALS AND EXHIBITS 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 1. Exhibits A, B, and C,
attached hereto are incorporated into this Agreement as if fully set forth herein.
ARTICLE II
RESPONSIBILITIES OF THE APPRAISAL DISTRICT
The Appraisal District, acting by and through its duly authorized officers, does
hereby agree to perform all collection services on behalf of the Vintage Township Public
Improvement District of the City of Lubbock, pursuant to Texas Local Government Code
Chapter 372 and City of Lubbock Ordinance No. 2008-0005 (Exhibit C), and to forward
said funds to the City of Lubbock for deposit into the appropriate funds held under the
Indenture of Trust dated 2008, between the City and the Bank of New
York Trust Company, N.A. ("Trustee'") pertaining to the issuance by the City of its
Vintage Township Public Improvement District Special Assessment Revenue Bonds,
Series 2008A and Series 2008B (Lubbock, Texas).
The City has entered, or will soon enter into an Administration Agreement with
MuniCap, Inc. (the "Administrator'') pertaining to the Vintage PID. The Appraisal
District will provide a list of tax parcels in the Vintage PID as of January 1 to the
Administrator by June 30 of each year. The Administrator will identify properties within
the PID boundary and calculate the assessment due for the Vintage Township Public
Improvement District in accordance with the Vintage PID Service and Assessment Plan.
The Administrator will provide such calculation to the City and the City will provide
such calculations to the Appraisal District. Assessment bills will be sent to affected
property owners prior to November 15, 2008, or as soon thereafter as practicable, for the
2008 installment of the assessments and the assessments will be due January 31, 2009.
Future years' assessments shall be determined and billed in like manner, pursuant to the
then current assessment ordinance. Future years' bills will be sent prior to November 15,
or as soon thereafter as practicable and due the following January 31. On or before March
1 of each year, and again prior to May 1, the Appraisal District will calculate the amount
of assessments collected and the funds due to the Vintage Township Public Improvement
District will be forwarded to the City for deposit as provided in the preceding paragraph.
Vintage PID / LCAD Agreement 2
ARTICLE III
RESPONSIBILITIES OF THE CITY
The City will provide to the Appraisal District a certified copy of the assessment
ordinance; the calculations of the annual installments of the assessments due each year as
described in Article I and provided to the City by the Administrator; a list of the
properties, identified by Iegal 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 by August 31 of
each year that this agreement continues in force.
The Vintage PID, acting by and through its Board of Directors, the City Council
of the City of Lubbock, does hereby agree to pay to the Appraisal District as
compensation for services rendered pursuant to this Agreement, for all parcels within the
Vintage 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 of Lubbock and the Appraisal District or
of 1% of the annual collection budget of the Appraisal District, whichever is greater.
The above stated compensation will be deducted by the Appraisal District from
the total annual Vintage PID assessments collected prior to the funds being forwarded to
the City for deposit with notation of the amount deducted and accompanying
documentation.
Any start-up or computer or software programming costs associated with these
assessments will be reimbursed to the Appraisal District by the Vintage PID in the
amount of the actual costs.
ARTICLE IV
COLLECTION OF DELINQUENT ASSESSMENTS
The Appraisal District may contract with any competent attorney to assist in the
collection of delinquent assessments on behalf of the City acting for the Vintage PID.
The attorney's compensation shall be set in the contract, but the total amount of
compensation provided may not exceed the amount authorized in Section 6.03 of the
Texas Property Tax Code. Said compensation shall be deducted from the delinquent
assessment collected prior to the funds being forwarded to the City for deposit with
notation of the amount deducted and accompanying documentation.
Vintage PID 1 LCAD Agreement 3
ARTICLE V
TERM
The term of this Agreement shall be for a period of one year, beginning on the
28th day ofFeb 2008, and may be extended from year to year unless the parties
elect to terminate the Agreement according to its terms.
ARTICLE VI
TERMINATION
In the event the Appraisal District or the City desire to terminate this Agreement
at the end of the primary term or any extension thereof, the party desiring termination
shall give notice in writing at least thirty days prior to the end of the term to the other
party.
Either party may terminate this Agreement upon breach of the terms contained in
the agreement by giving sixty (60) days written notice to the other party.
ARTICLE VII
NOTICE
Whenever notice of any kind is authorized or required to be made by one party or
the other under the terms of this Agreement, such notice shall be given by United States
registered or certified mail, postage prepaid, return receipt requested and addressed to the
other party as set out below, or to such other address as may hereafter be designated:
Vintage PID:
Appraisal District:
City Manager
Chief Appraiser
City of Lubbock
Lubbock Central Appraisal District
P.O. Box 2000
P.O. Box 10542
1625 131h Street
1715 260' Street
Lubbock, Texas 79457
Lubbock, Texas 79408
Vintage PID / LCAD Agreement 4
ARTICLE VIII
AMENDMENTS
This Agreement constitutes and expresses the entire agreement between the
parties hereto and shall not be amended or modified except by written instruments signed
by both parties.
APPROVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK this28thday of
February, 2008.
APPROVED BY THE BOARD OF DIRECTORS OF THE LUBBOCK CENTRAL
APPRAISAL DISTRICT this 27th day ofFebruar 2008.
CITY OF LUBBOCK, TEXAS
00,
David A. Miller, Mayor
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Rob Allison-, ss>I ant C>< anager
Development Services
APPROVED AS TO FORM:
Linda Chamales, Senior Attorney
Office Practice Section
Lc:Cityatlll.inda/ LCAD Vintage Interloeal-final
February 8, 2008
LUBBOCK CENTRAL
APPRAISAL -DISTRICT
Ler . Mot oya, Chairman,
Board of Directors
ATTEST:
Arlee ckson, SeVetary,
Board of Directors
Vintage PID i LCAD Agreement 5
Resolution No. 2008-R0066
EXHIBIT "A"
Resolution No. 2007-R0022
January 12, 2007
Item No. 6.9
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS APPROVING AND
AUTHORIZING THE CREATION OF THE VINTAGE TOWNSHIP PUBLIC
IMPROVEMENT DISTRICT
WHEREAS, the City of Lubbock, Texas (the "City") is authorized under the
Public Improvement District Assessment Act, Chapter 372, Texas Local Government
Code, as amended (the "Act") to create a public improvement district;
WHEREAS, Stellar Land Company, Ltd. and Vintage Land Company, Ltd.
submitted and filed with the City Secretary of the City that certain Petition for the
Creation of a Public Improvement District to Finance Improvements to the Vintage
Township Residential Community (the "Petition") requesting the establishment of a
public improvement district to be known as the Vintage Township Public Improvement
District (the "District"), the boundaries of which are set forth on Exhibit A attached
hereto (the real property located within the District shall be referred to as the "Land");
WHEREAS, the City Council of the City (the "City Council") has received the
Petition signed by the owners of more than 50% of the appraised value of the taxable real
property and more than 50% of the area of all taxable real property within the District,
and the Petition complies with the Act and thus the City Council is authorized to consider
the creation of the District;
WHEREAS, after providing all notices required by the Act, the City Council on
the date hereof conducted a public hearing on the advisability of the improvements and
services and the creation of the District; and
WHEREAS, the City Council adjourned and closed such public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LUBBOCK, TEXAS, THAT:
Section 1. Advisability of the Improvements Proposed for the District: It is
advisable to create the District to provide the public improvements and services described
in the Petition and this Resolution. The public improvements will promote the interests
of the City and will confer a special benefit on the District.
Section 2. Nature of the Improvements: The general nature of the proposed
public improvement projects is (i) the acquisition, design, construction, installation and
improvement of: (a) parks and greens together with any ancillary structures, features or
amenities such as playgrounds, athletic facilities, pavilions, amphitheaters, community
facilities, bridges, walkways, lighting, benches, trash receptacles and similar items
located therein along with all necessary grading, drainage and similar infrastructure
involved in the construction of such parks and greens, (b) landscaping, hardscaping and
irrigation, (c) water features such as lakes, ponds and fountains, (d) distinctive lighting
and signs, (e) pedestrian malls, passages or pathways including pedestrian bridges, (0
vehicular bridges and low water crossings, (g) community meeting halls or similar
buildings, (h) community monuments, towers, and other similar structures, (i) art work,
0) water and sewer infrastructure and facilities, (k) streets, roadways and other
LU B200/58000
Resolution Approving Creation of P1D - Lubbock 2007_
thoroughfares, including streetscaping and streetlighting, (1) storrnwater drainage
infrastructure and facilities; (ii) payment of costs associated with developing and
financing the public improvements listed in subdivision (i) including costs of issuing
bonds and funding debt service and capitalized interest reserves for such bonds and costs
of establishing, administering and operating the District and (iii) maintenance, operation
and other supplemental services permitted by the Act pertaining to the items listed in (a)
through (i) of subdivision (i) of this Section.
Section 3. Estimated Cost of the Improvements: The estimated cost of the
public improvement projects identified in subdivisions (i) and (ii) of Section 2 herein is
$50,000,000. The cost of the maintenance, operation and other supplemental services
identified in subdivision (iii) of Section 2 will be determined annually by the City;
however, it is anticipated that the City will arrange with the local homeowners'
association for such maintenance, operation and supplemental services and that such
costs will be paid from homeowners' association dues and that collection of assessments
for such purposes will be necessary only in the event that the homeowners' association
fails to operate and maintain the public improvements in a manner consistent with the
City's standards for maintenance and operation of similar public improvements
throughout the City.
Section 4. Boundaries: The boundaries of the District are set forth in
Exhibit A.
Section 5. Method of assessment: An assessment methodology will be
prepared that will address (i) how the costs of the public improvements financed with the
assessments are assessed against the property in the District, (ii) the assessments to be
collected each year, (iii) provisions providing for the prepayment of the assessments at
the option of the owner of any parcel, (iv) the reallocation of the assessment upon the
subdivision of a parcel, and (v) reduction of the assessments for costs savings (pursuant
to the annual review of the service plan for the District) and repayment of bonds issued to
finance the public improvements. 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 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 costs of the public improvements, property will be classified
based on the use of the public improvements. For example, larger homes may generate
more use of the public improvements than smaller homes. Accordingly, there may be a
classification of property on the basis of the size or type of homes that may be built on a
parcel. Costs may also be assessed on the basis of the value of the property, or upon a
combination of size or type of house and value of property. Property may also be
classified on the basis of the location of the property within the District, if some sections
of the District receive more public improvements or public improvements of greater cost
than other sections of the District.
The assessment methodology will result in each parcel paying its fair share of the
costs of the public improvements provided with the assessments based on the special
UJB200/58000
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benefits received by the property from the public improvements and property equally
situated paying equal shares of the costs of the public improvements.
Section 6. Apportionment of Cost between the City and the District. The City
will not be obligated to provide any funds to finance the proposed public improvements.
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. 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, as amended, 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. Findings. The findings set forth in the preamble of this Resolution
are hereby found to be true and correct and are incorporated in the body of this
Resolution as if copied in their entirety.
Section 9. District Authorized. The Vintage Township Public Improvement
District is hereby authorized and created as a Public Improvement District under the Act
in accordance with the findings as to the advisability of the public improvements
contained in this Resolution.
Section 10. Notice of District Creation. The City's staff is directed to give
notice of the authorization for the establishment of the District by publishing a copy of
this Resolution once in a newspaper of general circulation within the City. Such
authorization shall take effect and the District shall be deemed to be established effective
upon the publication of such notice. The District shall exist until dissolved or terminated
as provided by Iaw.
Section 11. Effective Immediately. This Resolution shall take effect
immediately from and after its passage and it is accordingly so resolved.
LUB200/58000
Resolution Approving Creation of PID - Lubbock 2007_
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PASSED AND APPROVED this 12th day of January, 2007.
TTEST:
City
PROVED AS TO CONTENT:
City Manager
lent Services
s200/58000
volution Approving Creation of PID - Lubbock 2007_
DAVID A. MILLER, MAYOR
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Resolution No. 2007-R0022
EXHIBIT A
DESCRIPTION OF THE LAND
METES AND BOUNDS DESCRIPTION for a 275.539 acre tract of land located in
Section 23, Block E-2, Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the North line of Section 23, Block E-2, Lubbock County,
Texas, which bears
S. 89°57'29" W. an approximate distance of 962.23 feet from the Northeast corner of
said Section 23, Block E-2;
THENCE S. 00002'31" E. an approximate distance of 260.42 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 153.42 feet to a point;
THENCE S. 44059'57" W. an approximate distance of 90.00 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 785.85 feet to a point;
THENCE N. 44059'57" E. an approximate distance of 102.16 feet to a point;
THENCE S. 45000'03" E. an approximate distance of 18.52 feet to a point;
THENCE N. 89059'57" E. an approximate distance of 160.00 feet to a point;
THENCE S. 00000'03" E. an approximate distance of 164.00 feet to a point;
THENCE N. 89059'57" E. an approximate distance of 115.99 feet to a point in the East
line of said Section 23, Block E-2;
THENCE S. 00000'33" W., along the East line of said Section 23, Block E-2, an
approximate distance of 1393.30 feet to a point;
THENCE N. 89059'27" W. an approximate distance of 219.97 feet to a point;
THENCE S. 00000'01" E. an approximate distance of 154.70 feet to a point in the South
line of the North Half of said Section 23, Block E-2;
THENCE S. 89058'41" W., along the South line of the North Half of said Section 23,
Block E-2, an approximate distance of 4746.31 feet to a point;
THENCE N. 00002'31" W. an approximate distance of 253.91 feet to a point;
THENCE S. 89057'29" W. an approximate distance of 119.63 feet to a point;
LUB200/58000
Resolution Approving Creation of PID - Lubbock 2007_
A-1
THENCE N. 00003'33" W. an approximate distance of 1078.00 feet to a point;
THENCE S. 89057'29" W. an approximate distance of 210.00 feet to a point in the West
line of said Section 23, Block E-2;
THENCE N. 00003'33" W., along the West line of said Section 23, Block E-2, an
approximate distance of 381.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 426.03 feet to a point;
THENCE S. 00002'31" E. an approximate distance of 90.00 feet to a point;
THENCE N. 89°57'29" E. an approximate distance of 187.88 feet to a point;
THENCE N. 00002'31" W. an approximate distance of 90.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 275.00 feet to a point;
THENCE N. 00002'31" W. an approximate distance of 300.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 90.00 feet to a point;
THENCE N. 00002'31" W. an approximate distance of 19.00 feet to a point;
THENCE N. 89057'29" E. an approximate distance of 184.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 135.00 feet to a point;
THENCE S. 89057'29" W. an approximate distance of 184.00 feet to a point;
THENCE N. 00002'31" W. an approximate distance of 28.00 feet to a point;
THENCE S. 89057'29" W. an approximate distance of 90.00 feet to a point;
THENCE N. 00°02'31" W. an approximate distance of 445.00 feet to a point in the North
line of said Section 23, Block E-2;
THENCE N. 89°57'29" E., along the North line of said Section 23, Block E-2, an
approximate distance of 3447.55 feet to the Point of Beginning.
Bearings relative to HRA Lubbock County Coordinate System,
derived from NAD 83, CORS 96, Epoch 2002.0000.
Lambert grid at surface.
Grid Origin: 33°23'00" N, 101°49'14" W
False Northing: 0.00 U.S. Survey Feet
False Easting: 80,000 U.S. Survey Feet
LUB200/58000
Resolution Approving Creation of pm - Lubbock 2007_
A-2
Parallel 1: 33°45'14.17" N
Parallel 2: 33°27'42.83" N
Ellipsoid data: (modified GRS 80)
Semi -Major Axis: 6379088m
Semi -Minor Axis: 6357700.125617m
1/f: 298.2572220955
PREPARED TO ESTABLISH JURISDICTIONAL LIMITS ONLY. DOES NOT
REPRESENT AN ACTUAL SURVEY.
LUB200/59000
Resolution Approving Creation of AID - Lubbock 2007_
A-3
Resolution No. 2007-ROO22
MINUTES AND CERTIFICATION PERTAINING TO
PASSAGE OF A RESOLUTION
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK §
On the 12th day of January, 2007, the City Council of the City of Lubbock, Texas,
convened in a regular meeting at the regular meeting place thereof, the meeting being open to the
public and notice of said meeting, giving the date, place and subject thereof, having been posted
as prescribed by Chapter 551, Texas Government Code, as amended; and the roll was called of
the duly constituted officers and members of the City Council, which officers and members are
as follows:
David A. Miller, Mayor
Jim Gilbreath, Mayor Pro Tern
Linda DeLeon
Floyd Price
Gary O. Boren
Phyllis S. Jones
Jim Gilbreath
Members of
the Council
and all of said persons were present, except-- , thus constituting a quorum.
Whereupon, among other business, a written Resolution bearing the following caption was
introduced:
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS APPROVING AND
AUTHORIZING THE CREATION OF THE VINTAGE TOWNSHIP PUBLIC
IMPROVEMENT DISTRICT
The Resolution, a full, true and correct copy of which is attached hereto, was read and
reviewed by the City Council. Thereupon, it was duly moved and seconded that the Resolution
be passed and adopted.
The Presiding Officer put the motion to a vote of the members of the City Council, and
the Resolution was passed and adopted by the following vote:
AYES: 7
NOES: 0
ABSTENTIONS: 0
LUB200/58000
Dallas Minutes for Resolution Creating PID --- Jan 12 2007
Dallas 1260318v.1
MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to
correctly reflect the duly constituted officers and members of the City Council of said City, and
the attached and following copy of said Resolution is hereby certified to be a true and correct
copy of an official copy thereof on file among the official records of the City, all on this the
6th day of June , 2007.
City ecretary
City of Lubbock, Texas
[SEAL]
LUS200/58000
Dallas Minutes for Resolution Creating PID --- Jan 12 2007
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Dallas 1260318v.I
Resolution No. 2008-R0066
EXHIBIT "B"
First Reading
June 14, 2007
Item No. 6.1
ORDINANCE NO. 2007-00058
Second Reading
,Tune 26, 2007
Item No. 4.37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK
ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND
ASSESSMENT ROLL FOR VINTAGE TOWNSHIP PUBLIC IMPROVEMENT DISTRICT;
MAKING A FINDING OF SPECIAL BENEFIT TO CERTAIN PROPERTY IN THE
DISTRICT AND LEVYING ASSESSMENTS ON SUCH PROPERTY AND PROVIDING
FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENT
WHEREAS, a petition was submitted and filed with the City Secretary of the City of
Lubbock, Texas (the "City"), pursuant to the Public Improvement District Assessment Act,
Chapter 372, Texas Local Government Code (the "PID Act"), requesting the creation of a public
improvement district on land within the City, to be known as the Vintage Township Public
Improvement District (the "District"); and
WHEREAS, the petition contained the signatures of the owners of property representing
more than 50% of the appraised value of taxable real property liable for assessment within the
District, as determined by the then current ad valorem tax rolls of the Lubbock County Appraisal
District and the signatures of property owners owning taxable real property that constituted more
than 50% of the area of all taxable property that is liable for assessment by the District; and
WHEREAS, on January 12, 2007, the City held the public hearing in the manner required
by law on the advisability of the improvement projects and services described in the petition as
required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of
the PID Act and authorized the District in accordance with its finding as to the advisability of the
improvement projects and services; and
WHEREAS, on February 14, 2007 (the "Effective Date"), the City published notice of its
authorization of the District in the Lubbock Avalanche Journal, a newspaper of general
circulation in the City; and
WHEREAS, no written protests of the District from any owners of record of property
within the District were filed with the City Secretary within 20 days after the Effective Date; and
WHEREAS, the City Council, pursuant to Section 372.016(b) of the PID Act published
notice of a public hearing to consider the proposed Assessment Roll and the Service and
Assessment Plan and the levy of assessments on property in the District; and
WHEREAS, the City Council, pursuant to Section 372.016(c) of the PID Act mailed
notice of the public hearing to consider the proposed Assessment Roll and the Service and
Assessment Plan and the levy of assessments on property in the District to the last known
address of the owners of the property liable for the assessments; and
WHEREAS, the City Council convened the hearing at 10:00 a.m. on the 14th day of
June, 2007, at which all persons who appeared, or requested to appear, in person or by their
Dallas 1261664v.1
attorney, were given the opportunity to contend for or contest the Service and Assessment Plan,
the Assessment Roll, and each proposed assessment, and to offer testimony pertinent to any issue
presented on the amount of the assessment, the allocation of costs, the purposes of the
assessment, the special benefits of the assessment, and the penalties and interest on annual
installments and on delinquent annual installments of the assessment;
WHEREAS, the City Council finds and determines that the Assessment Roll and the
Service and Assessment Plan should be approved and that the assessments should be levied as
provided in the Service and Assessment Plan and Assessment Roll;
WHEREAS, the City Council closed the hearing, and, after considering all written and
documentary evidence presented at the hearing, including all written comments and statements
filed with the City, determined to proceed with the adoption of this Ordinance in conformity with
the requirements of the PID Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK, TEXAS:
Section 1. Terms.
Terms not otherwise defined herein are defined in the Service and Assessment Plan
attached hereto as Exhibit A (the "Service and Assessment Plan").
Section 2. Findings.
The findings and determinations set forth in the preambles are hereby incorporated by
reference for all purposes. The City Council hereby finds, determines, and ordains, as follows:
(a) The apportionment of the Costs pursuant to the Service and Assessment
Plan is fair and reasonable, reflects an accurate presentation of the special benefit each
property will receive from the construction of the Improvement Project, and is hereby
approved;
(b) All of the real property in the District which is being assessed in the
amounts shown in the Assessment Roll will be benefited by the services and
improvements proposed to be provided through the District in the Service and
Assessment Plan, and each parcel of real property will receive special benefits during the
term of the Assessments equal to or greater than the total amount assessed;
(c) The method of apportionment of the Costs set forth in the Service and
Assessment Plan results in imposing equal shares of the Costs on property similarly
benefited, and results in a reasonable classification and formula for the apportionment of
the Costs;
(d) The Service and Assessment Plan should be approved as the service and
assessment plan for the District;
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Dallas 1261664v.1
(e) The Assessment Roll in the form attached as Exhibit D to the Service and
Assessment Plan (the "Assessment Roll") should be approved as the assessment roll for
the District;
(f) The provisions of the Service and Assessment Plan relating to due and
delinquency dates for the Assessments, interest on Annual Installments, interest and
penalties on delinquent Assessments and delinquent Annual Installments of the
Assessments, and procedures in connection with the imposition and collection of
Assessments should be approved and will expedite collection of the Assessments in a
timely manner in order to provide the services and improvements needed and required for
the area within the District; and
(g) A written notice of the date, hour, place and subject to this meeting of the
City Council was posted at a place convenient to the public for the time required by law
preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and that this meeting has been open to the public as
required by law at all times during which this Ordinance and the subject matter hereof
has been discussed, considered, and formally acted upon.
Section 3. Assessment Plan.
The Service and Assessment Plan is hereby accepted and approved as the PID Act
Section 372.013 service and assessment plan for the District.
Section 4. Assessment Roll.
The Assessment Roll is hereby accepted and approved as the PID Act Section 372.016
assessment roll of the District.
Section 5. Levy and Payment of Special Assessments for Costs of
Improvement Project.
(a) The City Council hereby levies an assessment on the tracts of property
located within the District, as shown and described on the Service and Assessment Plan
and the Assessment Roll, in the respective principal amounts shown on the Assessment
Roll.
(b) The levy of the Assessments shall be effective on the date of execution of
this Ordinance levying assessments and strictly in accordance with the terms of the
Service and Assessment Plan.
(c) The collection of the Assessments shall be as described in the Service and
Assessment Plan.
(d) Each Assessment may be paid in a lump sum or may be paid in Annual
Installments pursuant to the terms of the Service and Assessment Plan.
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(e) Each Assessment shall bear interest at the rate specified in the Service and
Assessment Plan.
(f) Each Annual Installment shall be collected each year in the manner set
forth in the Service and Assessment Plan.
Section 6. Method of Assessment.
The method of apportioning the Costs is as set forth in the Service and Assessment Plan.
Section 7. Penalties and Interest on Delinquent Assessments.
Delinquent Assessments shall be subject to the penalties, interest, procedures, and
foreclosure sales set forth in the Service and Assessment Plan.
Section 8. Lien Priority.
The City Council intends for the obligations, covenants and burdens on the owners of
Assessed Property, including without limitation such owners' obligations related to payment of
the Assessments, to constitute a covenant running with the land. The Assessments levied hereby
shall be binding upon the owners of Assessed Property, and their respective transferees, legal
representatives, heirs, devisees, successors and assigns. Assessments shall have lien priority as
specified in the Service and Assessment Plan and the PID Act.
Section 9. Applicability of Tax Code.
To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act
or the other laws governing public improvement districts, the provisions of the Texas Tax Code
shall be applicable to the imposition and collection of Assessments by the City.
Section 10. Severability.
If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the
application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the
application to other persons or sets of circumstances shall not be affected thereby, it being the
intent of the City Council that no portion hereof, or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any
other portion hereof, and all provisions of this Ordinance are declared to be severable for that
purpose.
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Section 11. Effective Date.
This Ordinance shall take effect, and the levy of the Assessments, and the provisions and
terms of the Service and Assessment Plan shall be and become effective on upon passage and
execution hereof.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 14th day of June , 2007,
Passed by the City Council on second reading this 26th day of JuIIe , 2007.
DAVID MILLER, MAYOR
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Rob Allis
Assistant City Manager
Development Services
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APPROVED AS TO FORM-
JennAer TaffE, Attofney
V' son & Akins, L.L.P.
and Counsel
Dallas 1261664v.1