HomeMy WebLinkAboutOrdinance - 2023-O0038 - Upland Crossing 3 PID Assessment - 04/25/2023First Reading CG*61 S Lv-i ��� Wsi'. 6 b'- V F ttl'e"" A, *- Second Reading
April 11, 2023 April 25, 2023
Item No. 7.3 Item No. 6.6
ORDINANCE NO. 2023-00038
AN ORDINANCE ADOPTING A SERVICE PLAN FOR THE UPLAND
CROSSING 3 PUBLIC IMPROVEMENT DISTRICT, WITH SUCH SERVICE
PLAN INCLUDING AN 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 UPLAND
CROSSING 3 PUBLIC IMPROVEMENT DISTRICT, AND THE METHODS OF
ASSESSING SPECIAL BENEFITS FOR VARIOUS CLASSES OF
IMPROVEMENTS OF PROPERTY WITHIN THE UPLAND CROSSING 3
PUBLIC IMPROVEMENT DISTRICT; APPROVING, ADOPTING, AND FILING
WITH THE CITY SECRETARY OF THE CITY OF LUBBOCK, TEXAS AN
ASSESSMENT ROLL FOR THE UPLAND CROSSING 3 PUBLIC
IMPROVEMENT DISTRICT; AND, LEVYING THE ASSESSMENT FOR THE
UPLAND CROSSING 3 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 UPLAND CROSSING 3 PUBLIC IMPROVEMENT
DISTRICT AND AGAINST THE OWNERS OF PROPERTY WITHIN THE
UPLAND CROSSING 3 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. 2023-RO145 the City Council of the City (the
"Council") authorized the Upland Crossing 3 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 governing board for the PID; and
WHEREAS, through Resolution No. 2023-R0147, 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; and
(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 two in the afternoon (2:00 PM), Tuesday, April 11, 2023, at Citizen's
Tower, located at 1314 Avenue K, Lubbock, Texas, to consider the proposed
apportionment and assessment for the PID; and
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 of the 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
eighteen cents ($0.18) per one hundred dollars ($100) of net taxable value for tax year
2023, 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.
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, 2024 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 April 11 , 2023.
Passed by the City Council on second reading on April 25 , 2023.
TRAY PAYNE, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
osteli , Chief Financial Officer
APPROVED AS TO FORM:
JA , I'atkic
elli Leisure, Senior Assistant City Attorney
ccdocs/ORD. Economic Development — Upland Crossing 3 PID - Service Plan, Assessment Role, and Levy
3.28.23
Exhibit 1
Upland Crossing 3
Public Improvement District
2023 SERVICE AND ASSESSMENT PLAN
FEBRUARY 16, 2023
�Lu
bbock
TEXAS
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
TABLE OF CONTENTS
Tableof Contents........................................................................................................................................1
Section I: Plan Description and Defined Terms......................................................................................... 2
Section II: Property Included in the PID......................................................................................................4
Section III: Description of the Improvement Project.................................................................................. 4
Section IV: Service Plan/Sources and Uses of Funds.................................................................................. 5
SectionV: Assessment Plan................................................................................................................................6
Section VI: Terms of the Assessments................................................................................................................ 6
Listof Exhibits.............................................................................................................................................7
Exhibit A - PID Legal Description and Map........................................................................................................ 8
Exhibit B — Service Plan — Five Year Plan................................................................................................... 11
ExhibitC - Assessment Roll............................................................................................................................ 15
1
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
Plan Description and Defined Terms
A. Introduction
Chapter 372 of the Texas Local Government Code, Improvement Districts in Municipalities and
Counties" (as amended, the "PID Act"), governs the creation of public improvement districts
within the State of Texas. The City of Lubbock created the Upland Crossing 3 Public Improvement
District (the "PID") to maintain the public improvements associated with the Upland Crossing 3
planned development and for the benefit of certain property in the PID, all of which is located
within the City. (Capitalized terms used herein shall have the meanings ascribed to them in
Section 1.6 of this Service and Assessment Plan.)
This Service and Assessment Plan has been prepared pursuant to Sections 372.013, 372.014,
372.015 and 372.016 of the PID Act. According to Section 372.013 of the PID Act, a service plan
"must cover a period of at least five years and must also define the annual indebtedness and the
projected costs for improvements. The plan shall be reviewed and updated annually for the
purpose of determining the annual budget for improvements." The service plan is included in
Section IV of this Service and Assessment Plan.
Section 372.014 of the PID Act states that "an assessment plan must be included in the annual
service plan." The assessment plan is described in Section V of this Service and Assessment Plan.
Section 372.015 of the PID Act states that "the governing body of the municipality or county shall
apportion the cost of an improvement to be assessed against property in an improvement
district." The method of assessing the Costs of the improvements to the property in the PID is
included in Sections V and VI of this Service and Assessment Plan.
Section 372.016 of the PID Act states that "after the total cost of an improvement is determined,
the governing body of the municipality or county shall prepare a proposed assessment roll. The
roll must state the assessment against each parcel of land in the district, as determined by the
method of assessment chosen by the municipality or county under this subchapter." The
Assessment Roll for the PID is included as Exhibit C of this Service and Assessment Plan. The
Assessments as shown on the Assessment Roll are based on the method of assessment described
in Section V of this Service and Assessment Plan.
The City Council shall make all determinations necessary herein.
The City Council intends for the obligations, covenants and burdens on the owner of the Assessed
Property, including without limitation such owner's obligations related to the payment of the
Assessments, to constitute a covenant running with the land. The Assessments levied hereby
2
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
shall be binding upon the owners of Assessed Property, and their respective transferees, legal
representatives, heirs, devisees, successors and assigns. The Assessments shall have lien priority
as specified in the PID Act.
This Service and Assessment Plan provides for maintenance of improvements benefiting the
entire area of the Upland Crossing 3 PID.
B. Definitions
The terms used herein shall have the following meanings.
"Annual Service Plan Amendment" has the meaning set forth in the first paragraph of Section IV
of this Service and Assessment Plan.
"Assessed Property" means, for any year, parcels within the PID.
"Assessment" means, with respect to each Parcel, the assessment imposed against such Parcel
pursuant to the Assessment Ordinance and the provisions therein, as shown on the Assessment
Roll, subject to reallocation among Parcels and reduction according to the provisions herein and
the PID Act.
"Assessment Ordinance" means the Assessment Ordinance approved by the City Council
approving and adopting this Service and Assessment Plan.
"Assessment Roll" means the document included in this Service and Assessment Plan as Exhibit
C, as updated, modified, or amended annually in accordance with the procedures set forth herein
and in the PID Act.
"City" means City of Lubbock, Texas.
"City Council" means the duly elected governing body of the City.
"Costs" mean the actual or budgeted costs, as applicable, of all or any portion of the maintenance
of the public improvements, operation, and other supplemental services, as described in Exhibit
B of this Service and Assessment Plan.
"Developer" means Betenbough Homes, Inc.
"Legal Description" means the metes and bounds legal description of the PID area included as
Exhibit A to the Service and Assessment Plan.
3
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
"Improvement Project" means the maintenance of the public improvements that will provide a
special benefit to the property in the PID and described in Exhibit 8 of this Service and
Assessment Plan and Section 372.003 of the PID Act.
"Parcel" means a parcel identifed by either a tax map identification number assigned by the
Lubbock County Appraisal District for real property tax purposes or by lot and block number in a
final subdivision plat recorded in the real property records of Lubbock County, Texas or identified
by any other reasonable means determined by the City Council.
"PID" has the meaning set forth in the second paragraph of Section LA of this Service and
Assessment Plan.
"PID Act" means Texas Local Government Code Chapter 372, Improvement Districts in
Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended.
"PID Map" means the map included as Exhibit A to the Service and Assessment Plan identifying
the property included in the PID.
"Service and Assessment Plan" means this Service and Assessment Plan prepared for the PID
pursuant to Section 372.013, 372,014, 372.015, and 372.016 of the PID Act.
Section II
Property Included in the PID
The PID is located in the City of Lubbock, Texas. A map of the property included in the PID and a
legal description is shown on Exhibit A to this Service and Assessment Plan.
The 21.646 acre development is expected to consist of approximately 100 residential units,
drainage basin, and associated rights of way, landscaping, and infrastructure.
An explanation of the method of assessing property is included in Section V.
Section III
Description of the Improvement Project
The general nature of the proposed public improvements is: (i) acquisition, contruction, 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 therein along with all necessary
grading, drainage, and similar infrastructure involved in the maintenance of such parks and green
4
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
spaces; landscaping, hardscape and irrigation; and (iii) payment of costs associated with
developing and financing the public improvements listed in subdivision including costs of
establishing, administering and operating the District. The District is to supplement and enhance
services within the District.
The public improvements will be constructed by the Developer with no reimbursement from the
PID. After analyzing the maintenance, operation, and other supplemental services related to the
Public Improvements, the City has determined that the maintenance of the public improvements
authorized by the PID Act, shown in Exhibit B, should be performed by the City and has further
determined that these maintenance activities will be of special benefit to all the Assessed
Property within the PID.
A. Maintenance of Public Improvements
The cost of the maintenance, operation and other supplemental services to be funded through
assessments on Assessed Property is estimated at $10,000 in the first year and increases to
$31,524 in the 5th year, with 2 percent annual growth thereafter. The budget for the
maintenance, operation, and other supplemental services will be determined annually by the City
and will be included in a Service Plan Amendment along with amendments to the Assessment
Roll reflecting assessments (the "Maintenance Assessment") based on such budget for
maintenance, operation and necessary supplemental services.
Section IV
Service Plan/Sources and Uses of Funds
Section 372.013 of the PID Act requires this Service and Assessment Plan to "cover a period of at
least five years and must also define the annual indebtedness and the projected costs for
improvements. The Developer plans to make improvements at a cost of $250,000. The PID will
not reimburse the Developer for those improvements. The PID will maintain the public
improvements. The plan shall be reviewed and updated annually for the purpose of determining
the annual budget for maintenance." Such annual update to this Service and Assessment Plan is
herein referred to as the "Annual Service Plan Amendment." The Upland Crossing 3 PID will have
no indebtedness and the PID assessments will fund the maintenance of the public improvements,
operation, and other supplemental services. The table below shows estimated sources and uses
of funds including the projected cost of maintaining the public improvements.
5
Tax Year
Property Values (Taxable)'
Discounted Property Values
Fiscal Year Revenues
Interest Earnings
Assessment @ $0.18
Total
Expenses
Basin Park Maintenance
Annual Operating Cost
Administrative Costs
Total
Cash Reserve
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
2023
2024
PP Pro
2025
ecte
2026
2027
Totals
58,165
52,349
2023-24
17,559,328
15,803,395
2024-25
17,910,515
16,119,463
2025-26
18,268,725
16,441,853
2026-27
18,634,100
16,770, 690
2027-28
18,634,100
16, 770, 690
Totals'
$
-
94
-
28,446
71
29,015
47
29,595
21
30,187
$ 139
117,338
$
94
28,446
29,086
29,642 .
30.208
$ 127,477
$
6,000
4,000
-
6,000
1 9,000
15,000
6,120
9,180
15,300
6,242
9,364
15,606
6,367
9.551
$ 45,906
30,730
41,094
$
10 000
15 000
30.300
30,906
31,524
$ 117,730
$
9,906
3 540
2,326
1,062
1011
$ 1021
Assessment Information for $100,000 Home $180
The sources and uses of funds table is subject to revision each year.
Section V
Assessment Plan
The PID was created and the assessment is being levied pursuant to Section 372.015 of the PID
Act, "Determination of Assessment."
A. Allocation of assessment
• Properties will be assessed based on the City's 2023 "net taxable value" as established by
the Lubbock Central Appraisal District and submitted to the City under Tax Code Section
26.04.
• Assessment will be $0.18 per $100 valuation
• All property will be assessed based on the final 2023 "net taxable value".
Section VI
Terms of the Assessments
The annual assessment for each parcel within the PID shall be shown on the assessment roll. The
amount of the assessment could change each year when the Service and Assessment Plan are
6
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
adopted due to increased value on a parcel or the estimated cost of maintaining the public
improvements, repair or replacement costs, and operational or administrative costs.
List of Exhibits
Exhibit A PID Legal Description and Map
Exhibit B Service Plan — Five Year Plan
Exhibit C Assessment Roll
VA
Upland Crossing 3 Public Improvement District I I I I J I
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Upland Crossing 3 PID
Parcels 0 125 250
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1/31/2023
Exhibit A
AMD Engineering and Surveying
A 21.646 ACRE TRACT IN
THE SOUTHWEST QUARTER OF
SECTION 43, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO.184,
LUBBOCK COUNTY, TEXAS
A 21.646 acre tract of land located in the Southwest Quarter (SW/4) of Section 43, Block AK. E.L. dt R.R.
RR. Co. Survey, Abstract Number 194, Lubbock County, Texas, being all of that certain tract of land
described as 17.70 acres in a Warranty Deed recorded in Volume 1472, Page 646 of the Deed Records of
Lubbock County, Texas, and a portion of that certain tract of land described as 4.25 acres in a Warranty
Deed recorded in Volume 6043, Page 101 of the Real Property Records of Lubbock County. Texas, said
21.646 acre tract being further described by metes and bounds as follows:
BEGINNING at a "MAG" nail set in the centerline of Upland Avenue and in the west line of said Section
43 at the southwest comer of said 17.70 acre tract, same being the most westerly northwest corner of the
plat limits of Pine Hills Addition, a subdivision according to the map, plat and/or dedication deed thereof
recorded in Volume 1709, Page 661 of the Deed Records of Lubbock County, Texas, and for the southwest
comer of these plat limits, having coordinates of Northing: 7,270,725.47 and Easting: 910,393.41 of the
Texas Coordinate System of 1983 (2011). Texas North Central Zone. whence a railroad spike found at the
southwest corner of said Section 43 bears S. 01 ° 52' 44" W. a distance of 1539.75 feet, said section corner
having coordinates of Northing: 7,269,186.91 and Easting. 910,332.94 of the Texas Coordinate System of
1983 (2011 ), Texas North Central Zone;
THENCE N. 01 ° 52' 44" E., along the centefline of Upland Avenue and the west line of said Section 43
at a distance of 170.25 feet pass a faiboad spike found, continuing for a total distance of 204.33 feet to a
"MAG" nail set for the most westerly northwest corner of these plat limits, same being the southwest comer
of that certain 1.00 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number
2019003570 of the official Public Records of Lubbock County, Texas;
THENCE S. 88° 08' 32" E., at a distance of 55.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of Upland Avenue, herein dedicated, continuing at a
distance of 55.61 feet pass a 1/2" iron rod with a green broken cap found. continuing for a total distance of
2%.24 feet to a 1/2" iron rod with a cap marked "RPLS 4460" found at the southeast comer of said 1.00
acre tract for an ell comer of these plat limits;
THENCE N. 010 48' 47" I-, along the east litres of five tracts of land, being: (1) said 1.00 acre tract, (2)
Lynch Addition, Lots 1-A and 1-B, an addition to the City of Lubbock, Lubbock County, Texas, according
to the map, plat and/or dedication deed thereof recorded in Volume 8252, Page 220 of the Official Public
Records of Lubbock County, Texas, (3) that certain 1.50 acre tract of land described in a Warranty Deed
recorded in Volume 2783, Page 126 of the Real Property Records of Lubbock County, Texas, (4) that
certain 0.94 acre tract of land described in a Warranty Deed recorded in Volume 4927, Page 188 of the Real
Property Records of Lubbock County, Texas, and (5) Cmnwelge Addition, Lot 1, an addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication eked thereof recorded in
Volume 5116, Page 195 of the Real Property Records of Lubbock County, Texas, at a distance of 869.45
feet pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
26th Street, herein dedicated, continuing for a total distance a distance of 900.45 fat to a 1/2" iron rod with
a cap marked "AMD ENG" set in the north line of said Southwest Quarter (SW/4) for the northwest corner
of said 4.25 acre tract and the most northerly northwest comer of these plat limits, having coordinates of
Northing; 7,271,819.82 and Easting: 910,714.61 of the Texas Coordinate System of 1993 (2011), Texas
North Central Zone, whence a cotton spindle found in the centerline of said Upland Avenue at the west
quarter corner of said Section 43 bears N. 88° 1 I' 07" W a distance of 295.21 feet, said quarter section
corner having coordinates of Northing. 7,271,829.17 and Easting: 910,419.61 of the Texas Coordinate
System of 1983 (2011), Texas North Central Zane;
THENCE S. 880 1 V 07" E., along the north line of said Southwest Quarter (SW/4), a distance of 317.51
feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for a corner of these plat limits;
THENCE S. 01`• 54' 23" W" at a distance of 32.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENG" set in the south right-of-way line of said 26th Sheet, continuing for a total distance of 200.00 feet to
a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for an ell comer of these plat limits;
6515 6e Street, Suite 300 TBPh Reg. IN F-9197 Office: (906) 771-5976
Lubbock Texas 79424 rBPFLS Reg. 0101795-OD Fax: (906) 771-7625
Exhibit A
AMD Engineering and Surveying
THENCE S. 88° 1 I' 07" E. a distance of 256.23 feet to a 12" iron rod with a cap marked "AMD
ENGINEERING" set for an ell corner of these plat limits;
THENCE N. 010 54' 23" E., at a distance of 169.00 feet pass a 12" iron rod with a cap marked "AMD
ENGINEERING" set in the south right-of-way line of said 26th Street, continuing for a total distance a
distance of 200.00 feet to a 12" iron rod with a cap marked "AMD ENGINEERING" set in the north line
of said Southwest Quarter (S W/4) for a corner of these plat limits;
THENCE S. 88° 1 I' 07" E, along the north line of said Southwest Quarter (SW/4), a distance of 272.00
feet to a 12" iron rod with a cap marked "AMD ENGINEERING" set for the northeast corner of said 17.70
acre tract and these plat limits, having coordinates of Northing: 7,271,793.04 and Easting: 911,559.72 of
the Texas Coordinate System of 1983 (2011), Texas North Central Zone;
THENCE S. 01° 54' 23" W., along the west plat limits of said Pine Hills Addition at a distance of 32.00
feet pass a 12" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
said 26th Street, continuing at a distance of 45.69 feet pass the south right-of-way line of 26th Street as
dedicated with the plat of said Pine Hills Addition, continuing for a total distance of 1105.33 feet to a 12"
iron rod with a cap marked "AMD ENGINEERING" set at an ell comer of the plat limits of said Pine Hills
Addition for the southeast comer of said 17.70 acre tract and these plat limits, having coordinates of
Northing: 7,270,699.59 and Easting: 911,522.% of the Texas Coordinate System of 1983 (2011), Texas
North Central Zone;
THENCE N. 88° 08' 47" W., at a distance of 1085.42 feet pass a 12" iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of said Upland Avenue, continuing for a total distance
of 1140.42 feet to the Point of Beginning. Bearings and coordinates are based on the Texas Coordinate
System of 1983 (201 l), Texas North Central Zone. The convergence angle to Trace North is -1* 53' 35.55"
and the combined scale factor is 0.99975996. Distances are at surface, in U.S. survey feet.
I, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was
prepared from an actual survey of the property and that the information hereon represents the findings of
this survey to the best of my knowledge and belief.
Surveyed August 31, 2021
Norris Stevens
Registered Professional Land
State of Texas, Seal No. 4339
Surveyor,
••Revised l/20/2022 Corrected the bearing on the 80 can
210574 See 43 Oac AK. Turin T: am
6515 69* SuvcL Suite 300 1 BPF Reg. 0 F-9197
Lubbock. Texas 79424 TBPLLS Reg. M101785-00
2 49/-WZ,5
Office: (906) 771-5976
ran: (806) 771.7625
10
Exhibit B
Service Plan
Tax Year
Property Values (Taxable)
Discounted Property Values
Fiscal Year Revenues
Interest Earnings
Assessment @ $0.18
Total
Expenses
Basin Park Maintenance
Annual Operating Cost
Administrative Costs
Total
Cash Reserve
City of Lubbock, TX
Finance Department
Upland Crossing 3 Public Improvement District
2023 Preliminary Service Plan
February 16, 2023
Proposed
d et
Projected
Totals
2023
2024 2025 2026 2027
58,165
5 2, 349
2023-24
17,559,328
15,803,395
2024-25
17,910,515
16,119, 463
2025-26
18,268,725
16, 441, 853
2026-27
18,634,100
16, 770, 690
2027-28
18,634,100
16, 770, 690
Totals*
$
-
94
-
28,446
71
29,015
47
29,595
21
30,187
$
139
117,338
$
94
28,446
29,086
29,642
30,208
$
117,477
$
-
6,000
4,000
-
6,000
9,000
15,000
6,120
9,180
15,300
6,242
9,364
15,606
6,367
9,551
$
45,906
30,730
41,094
$
10,0001
15,000
30,300
30,906
31,524
$
117,730
S
(9,906)
3,540
2,326
1,062
1,011
1 $
1,011
Assessment Information for $100,000 Home $180
11
Exhibit C
City of Lubbock, TX
Upland Crossing 3 Public Improvement District
2023 Assessment Roll
(Provided by LCAD 2-8-23)
Property ID
PartyName
PartyAddress
SitusAddress
LegalDescription
2023 Market
2023 Estimated
2023 Estimated
Value
Taxable Value
Assessment
R150427
BETENBOUGH HOMES LLC
6305 82ND ST
LUBBOCK 79407
BLK AK SEC 43 AB 184 TR
16,059
16,059
$ 28.91
LUBBOCK, TX 79424-
13A AC: 3.8235
R32832
BETENBOUGH HOMES LLC
6305 82ND ST
LUBBOCK 79407
BLK AK SEC 43 AB 184 TR
42,106
42,106
75.79
LUBBOCK, TX 79424-
1 ACS: 17.7
3681
58,165
58,165
$ 104.70
Attachment 1
2023 Service and Assessment Plan Required Attachment
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 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 purchaser of the real property described above, you are obligated to pay assessments to
(insert name of municipality or county, as applicable), Texas, for the costs of a portion of a public
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 3J Local Government Code, or Chapter 3J 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 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
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.
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;
property;
(6) from one co-owner to another co-owner of an undivided interest in the real
(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.
Added by Acts 2005, 79th Leg., Ch. 1085 (H.B. 1919), Sec. 1, eff. January 1, 2006.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.002, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 3, eff. September 1, 2021.
Exhibit 2
City of Lubbock, TX
Upland Crossing 3 Public Improvement District
2023 Assessment Roll
(Provided by LCAD 2-8-23)
Property ID
PartyName
PartyAddress
SitusAddress
LegalDescription
2023 Market
2023 Estimated
2023 Estimated
Value
Taxable Value
Assessment
R150427
BETENBOUGH HOMES LLC
6305 82ND ST
LUBBOCK 79407
BLK AK SEC 43 AB 184 TR
16,059
16,059
$ 28.91
LUBBOCK, TX 79424-
13A AC: 3.8235
R32832
BETENBOUGH HOMES LLC
6305 82ND ST
LUBBOCK 79407
BLK AK SEC 43 AB 184 TR
42,106
42,106
75.79
LUBBOCK, TX 79424-
1 ACS: 17.7
3681
58,165
58,165
$ 104.70
12
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock C=14 TEXAS
04/26/2023 03:5 PM
FEE: $106.00
2023015107