HomeMy WebLinkAboutResolution - 2023-R0391 - Interlocal Agreement, LCAD Assessments Levied, Upland Crossing 3 PID - 08/22/2023Resolution No. 2023-R0391
Item No. 6.7
August 22, 2023
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 Assessmf
Levied on Property Within the Upland Crossing 3 Public Improvement District, by and betw
the City of Lubbock and Lubbock Central Appraisal District of Lubbock, Texas, and rel�
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 August 22,_2023
TRAY PAYN :, MAYOR
APPROVED AS TO CONTFNT:
�
D. lu Kost lich, Chief Financial Officer
APPROVED AS TO FORM:
lli Leisu e, Senior Assistant City Attorney
ccdocslRES.Interlocal Agreement-I.CAD, Upland Crossing 3 Public Improvement District
7.28.23
Resolution No. 2023-R0391
TNTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS LEVIED
ON PROPERTY WITHIN THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT
DISTRICT
This Interlocal Agreement for the Collection of Assessments Levied on Property Within the
Upland Crossing 3 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 Upland Crossing 3 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 "AcY').
RECITALS
WHEREAS, on March 7, 2023 the City Council of the City (the "Council") passed Resolution
2023-R0145 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 April 25, 2023, the Council passed Ordinance 2023-00038, 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 2023 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 TI3EREFORE, 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 Lub6ock & Lubbock Central Appraisal DistrIct — Upland Crossing 3 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
2023-00038, 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 2023 net taxable value as determined by
LCAD for each property designated to be assessed under Ordinance 2023-00038.
(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 2023-
00038; 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 — Upland Crossing 3 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 ternunation in accordance
with Articles II and N 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:
UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT LUBBOCK CENTRAL APPRAISAL DISTRICT
CITY OF LUBBOCK CHIEF APPRAISER� LCAD
P.O. Box 2000 P.O. BOx 10542
1314 AvENUE K 2109 AvE Q
LUBBOCK, TExAs 79457 LuBsoCx, TEacAs 79408
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 August 22 , 2023.
City of Lubbock & Lubbock Central Appraisal District — Upland Crossing 3 PID Assessment Collection Agreement Page 6
FOR LCAD:
Greg Jones, Chairman, rd of
Directors
FOR LCAD:
Bo y McQueen, Secretary, Board of
Directors
FOR CITY:
Tray 1'ayne, ar
ATTEST:
C ney Paz, City Se et
AS TO CONTENT:
D. u Kost ch, Chief Financia Officer
AS TO FORM:
�
elli Leisure, Assistant City Attorney
City of Lubbock & Lubbock Centrsl Appraisal District — Upland Crossing 3 PID Assessment Collection Agreement Page 7
Exhibit A— Resolution Creatin� the Upland Crossin� 3 Public Improvement District
City of Lubbock & Lubbock Central Appraisat District — Upland Crossing 3 PID Assessment Collection Agreement Page 8
Resolution No. 2023-R0145 EXHIBIT A
Item No. 7.5
March 7, 2023
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, APPROVING AND
AUTHORIZING THE CREATION OF THE UPLAND CROSSING 3 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 (50%) 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 properiy 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;
(b) 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
(c) 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 1", 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 26�' Street
to the north, Pine Hills Estates to the east, 34�h Street to the south and Upland Avenue to
the west, with such property being the development known as Upland Crossing 3, 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
WHEREAS, notice of the public hearing was published in the Lubbock Avalanche-
Journal, a daily paper of general circulation in the City, such publication date being before
the fifteenth (15�') day before the date of the public hearing, stating the time and place of
the public hearing, the general nature of the services, the estimated cost of the services, the
boundaries of the proposed public improvement district, the method of assessment, and the
apportionment of cost between the public improvement district and the City; and
WHEREAS, before the fifteenth (15`�) 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 seventh (7`�) day of Mazch, 2023, at two (2:00) 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 dishict, 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
aze 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 Upland
Crossing 3 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 Upland Crossing 3 Public
Improvement District; and
(b) That authorization of the Upland Crossing 3 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
Upland Crossing 3 Public Improvement District for the general purpose of
financing improvements and services related to:
(i) The 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), receptacles
and any similaz items located there in along with all necessary
grading, drainage, and similar infrastructure involved in the
construction of such parks and greens; landscaping,
hazdscaping and irrigation; and
(iii) The 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 Upland Crossing 3 Public Improvement
District through Fiscal Year 2027-28 is approximately one hundred
seventeen thousand seven hundred thirty dollars ($117,730) (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 eighteen
cents ($0.18) per one hundred dollazs ($100) of valuation of property within
the Upland Crossing 3 Public Improvement District through Fiscal Year
2027-28, with such proposed assessment being described in "Exhibit 3";
and
(e) That as to the apportionment of the Costs between the Upland Crossing 3
Public Improvement District and the City, all the Costs will be paid by the
Upland Crossing 3 Public Improvement District through assessments on the
property within the boundaries of the Upland Crossing 3 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
Upland Crossing 3 Public Improvement District, City of Lubbock, Texas.
SECTION 4: THAT the City Council shall be the governing board for the Upland
Crossing 3 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 thc City Council this 7th day of March , 2023.
A TEST:
C ey Paz, Interim City Se4
APPROVED AS TO CO ENT:
Brianna Brown, Director of Business Development
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
Ccdocs:/Npland Crossing 3 PID Creation Resolution
2.20.23
���������
BETENBOUGH
HOMES'
February 3, 2023
Brianna Brown
Business Development Director
City of Lubbock
1314 Avenue K
Lubbock, TX 79401
RE: Upland Crossing, Public Imp�ovement District 3
Dear Honorable Mayor and City Council,
Upland Crossing 3 PID is a residential development within the city limits of the City of Lubbock bound on
the Morth by 26`" Street, adjacent to the East by Pine Hills Estates, and adjacent to Upland Ave on the
West and 34'" Street to the South. We are proposing to create a Public Improvement District, "PID", to
maintain the publit improvements for Upland Crossing 3 PID.
In order to comply with the "Public Improvements District Policies and Gu(delines", we are providing
information as required in Section III. "Guidelines", b. "Petition Requirements":
1. Betenbough Hornes has purchased/optioned almost 21.646 acres. 8etenbough Homes plans to
invest $250,000 in improvements for this park system before it would be deeded over to the City of
lubbock and the PID. We will be here to help keep the PID heafthy and thriving. We have vested
interest in making this PID healthy and self-sufficient.
2. This requirement is addressed in Section 5 of the attomp�nying Petition.
3. This requirement is addressed in Section i of the accompanying Petition.
4. i'his requirement is addressed in Section 5 of the accompanying Petition.
5. If there is su�cient 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
�equirements include arrangements to transfer ownership and maintenance of the City owned and PID
maintained property. These arrangements are to be made by the City Manager or designee with funds
available to the PI�. eetenbough Homes 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 tost to propose for the service plan. So far, all of our proposed service plans,
are reviewed by city staff, and approved by city council.
6. This requirement has been met by the map of the area that is attached to this Petition.
�' f ,:
�����.s��
BETENBOUGH
HOMES
7. Operation of the PID process shall be consistent with the bylaws for Public Imp�ovement Districts for
the City of lubbock. lf a board is not established, then the operation of any PID actions will be managed
by the City Manager or desig�ee.
8. This requirement is generally addressed in Section 2 of the petition. Addressing this specific PID there
will be a drainage basin that will function as drainage storage for the community. The PIO will allow the
basin to be well maintained.
9. Each parcel of City-owned land will be identified as a"Tract" at time of platting.
10. General description of proposed improvements is addressed in Section 2 of the Petition.
il. 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 $10,ODD per year and is to be paid for by the PIO as soon as
the funds are available. This is the estimated cost for the entirety of the "park system",
22. Addressing this requ(rement we have provided a service and assessment plan that is attached as part
of this application.
13. Method of assessment will be based on the net taxable value of the affected p�operties and will be
assessed at $.18 per $300.00 valuation.
14. Documentatio� of liability insurance will be provided as requested by the City of Lubbock.
15. This requirement is addressed in Section 6 of the accompanying Petition.
16. This requirement is addressed in Section 5 of the accompanying Petition.
17. This requirement is met with the attached spreadsheet documenting the provided service and
assessment plan.
Our goal is to provide all of the information requested to continue with the creation of this PID. Please
let us know if you have any questions or require any additional information.
X�
Ch►is Berry
Land Uevelopment Manager
Betenbough Homes
PETTTION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE
llVIPROVEMENTS TO UPLAND CROSSING 3 PUBLIC IMPRQVEMENT DISTRICT
THE STATE OF TEXAS §
§
CITY OF LUBBOCK §
TO: THE HONORABLE MAYOR AND CTTY COUNCIL OF THE CTTY OF LUBBOCK:
The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of
Chapter 372, Texas Local Government Code, as amended (the "Act"), request that the City of
Lubbock create a public improvement district {the "District") in the territory described in
Exhibit A attached hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in
support of this petition the Petitioners would present the following:
Section 1. Standing of Petitioners. In compliance with the requirements of Texas
Local Government Code, Section 372.005{b), as determined by the current roll of the Lubbock
Central Appraisal District, the Petitioners constitute: (i) the owners of taxable real property
representing more than 50% of the appraised value of real property liable for assessment under the
proposal described herein, and (ii} the record owners of taxable real property that constitutes more
than 50% of the area of all taxable real property that is liable for assessment under such proposal.
Section 2. General nature of the proposed public improvements. The general nature
of the proposed public improvements is: (i)acquisition, construction, or drainage facilities or
improvements, (ii} the design, construction and maintenance of parks and green spaces, together
with any ancillary structures, features or amenities such as playgrounds, splash pads, pool(s),
athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash
receptacles and any similar items located there in along with all necessary grading, drainage, and
similar infrastrueture involved in the construction of such pazks and greens; landscaping,
hazdscaping and irrigation; and (ii) payment of costs associated with developing and financing the
public improvements listed in subdivision (i) including costs of establishing, administering and
operating the District.
Section 3. Estimated cost of the proposed public improvements and annual
maintenance: $250,000 estimated for proposed public improvements as mentioned in section 2.
Annual maintenance costs -$10,000 for proposed improvements made by developer.
Section 4. Boundaries. The proposed bovndaries of the District aze described in
Exhibit A and Exhibit B.
Section 5. Method of assessment. An assessment rnethodology 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 yeaz, and (iii}
reduction of the assessments for eosts 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 propeRy on
the basis of the special benefits. The result will be that eyual shares of the costs will be imposed
on property similarly benefited.
In assessing the maintenance of the public improvements, property will be classi5ed based
on the net taxable value of the property.
The assessment methodology will result in each pazcel paying its fair share of the costs of
maintaining the public improvements based on the special benefits received by the property from
the public improvements and property equally situated paying equal shares of the costs of the
public improvements.
The annual budget is subject to review by City of Lubbock staff and final approval by the
City Council. The annual assessments may be adjusted as a result of the City of Lubbock staff
review and City Council approval.
Section 6. Apportionment of Cost between the City and the District. The City will not
be obligated to provide any funds to finance the proposed public improvements or maintain the
public improvements. All of the costs of the proposed public improvements will be paid by
assessments of the property within the District and from other sources of funds, if any, available
to the developer of the Land.
Section 7. Mana�ement 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 ihe District.
Section 8. Advisory board. An advisory board may be established to develop and
recommend an improvement plan to the City Council of the City (the "City Council").
The signers of this petition request the establishment of the District and this petition will
be filed with the City Secretary in support of the creation of the District by the City Council as
herein provided.
[Signature on following page]
-2-
PETITIONERS:
Betenbough Homes LLC
C�� �
Chris Berry, Land Planning Manager
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
On this, the day o _, 2023, before rne, the undersigned Notary
Public, personally appeared Paddi Moya ho acknawledged thai he is Connections Speciafist of
Betenbough Homes, LLC, and that he, in such capacity, being duly authorized so to do, executed
the foregoing petition for the purposes thereia contained by signing his name in such capacity.
IN WITNESS WHEREOF, I have
....
�PATRICIA M. MOYA
�tary �� �f exes
My C,om�r�r� E�ee 08�11-1026
my hand and offcial seal.
Sig�r�ttttre Pcige for Petitiu�r
AMD Engineering and Surveying
A 2l .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 trect of lend locatod in 1he Soulhwest Quarter (SW/4) of Section 43, Btock AK, E.L. dt R.R.
RR. Co. Survey, Abat�act Number {84, Lubbock Counry, Texas, boing all of that ceriain Irsct o! lend
described as 17.70 acres in a Warranty Deed rcoo�ded in Volume 1472, Pege 646 of the Daod Recads of
Lubbock County, Texes, and a poriion of that certain tract of land Aescribed es 4.25 acr�es in a Wartanty
Deed recordod in Volume 6043, Page 101 of the Real Property Rawrds of l.ubbock County. Texes, seid
21.646 acro Uact being furiher descn'bed by metes end bounds as follows:
BEGINNIIYG at a"MAG" nail set in the ca�terline of Upland Avenue a� in the west line of seid Section
43 at the sowhwest comer of said 17.70 acrc dacl, seme being the most westerly nathwest comer of the
plat limits of Pine Hilis Addition, a subdivision according to the mep, piat and/or dedication deed theroof
recorded in Volume 1709, Page 661 of the Dad Recoids of Lubbock Counry, Texas, and for the soulhwest
wmer of these plat limits, having coordinates of Northing: 7,270,725.47 and fssting: 910,383.41 of the
Texas Coordinate System of 1983 (2011 � Texas Nwth Central Zom. whwxe a railroad spike found at the
southwosl corner of said Section 43 bears S. 01 ° 52' 44" W. a distance of 1539.75 fod, said section conrer
having coordinates of Northing: 7,269,186.91 end Easting: 910,332.94 of the Texas Coa+dinate System of
1983 (201 l� Texas iVaih Central Zone;
THENCE N. Oi° 52' 44" E., ebng Ihe centerline of Upland Avenue and Ihe west linc of said Soction 43
at a distance of 170.25 fixt pess a raih�oed spike found, condnuing for a total dislana of 204.33 fat to a
"MAG" neif sct for Ihe mosl westerly northwest corner of d�ese ptat I imits, semc being lhe southwest comer
of that ce�tain 1.00 acre tract of land described in a Wmranty Deed recorded in County Clerk's File Number
2018003570 of the OfFiciel Public Records of Lubbock County. Texas;
THENCE S. 88° 08' 32" E.. at a distencc of 55.00 fea pass a 1/2" iroo rod with a cap markod "AMD
ENGMEER[NG" sct in the east right-of-way line of Upland Avcnue, herein dadicateQ, continuing at a
distance of 55.61 fed pass e I/2" iron rod wnh a green brolcen cap found, continuing for a lote{ distance of
296.24 feet to a IR" iron rod with e cap marked "RPLS 4460" found at the southesst comer ofseid I.00
acre tract for en ell cormr of these plat limits;
THENCE N. 01° 48' 47" E., along the east lines of five lracts of lend, being: (1) said 1.00 acre tract, (2)
Lynch Addition, Lots I-A and 1-B, an addition to the Ciry of Lubbock, Lubbock County, Texas, according
to d�e map. Plat and/or dedication deed theroof recorded in Volume 8Z52. Pege 220 of the Oflicisl Public
Records of Lubbock Counry, Texas, (3) that artain I.SO �ro tract of la� described in a Wa�ranty Deed
recaded in Volume 2783, Page 126 of Uie Real Property Reoords of Lubbock Counry, Texas, (4) that
ceAain 0.94 acro tract of land dese�ibod in a Wananry Deed recorded in Volume 4827, Page f 88 of the Real
Property Rceords of Lubbock County. Texas, and (S) Crenwelge Addition, Lot I, an addition to the Ciry of
Lubbock, l.ubbock Counry, Texas, a�xording to the map. plat and/or dedicetion dood thereof recorded in
Volume 5116, Page l95 of the Real Property Records of Lubbock County, Texas, at a distance of 868.A5
feet pass a 1!2" iron rod wilh a cap marked "AMD ENGINEERMG" set in the aouth rtght-of-wsy line of
26th Street, heroin dedicatod, continuing for a total dislancx a dislance of 9�.45 feet to a 1!2" iron rod with
e csp marked "AMD ENG" set in the no�th line of said Southwest Quarter (SW/4) for the northwest comcr
of said 4.25 acrc uaa and the most nonher(y �orthwest cortxr of ehese p1al limits, having coordinates of
Northing: 7,271,819.82 and Easting 910,714.61 of the Texas Coordinete System of 1983 (201 I), Texas
North Cmtral Zone, whence a cotton spirtdle found in tha centerline of aeid Upland Avenue at the wat
quarter corner of said Section 43 beers N. 88° 1 I' 07" W. a dissanct of 295.21 feet, said quarter section
corner having coordinates of Nonhing: 7,271,829.17 and Easting: 910,419.61 of lhe Texas Coadinate
System of 1983 (201 I), Texes North Central Zate;
TNENCE S. 88° 1 l' 07" E., along the �wrq� line of seid Southwest Querter (SW/4), a dislance of 317.51
feet to a i/Z" iron rod with a cap markod "AMD ENGRVEERING" set for a corner of ihese plat limits;
THENCE S. 01° 54' 23" W„ at s distance of 32.00 fat pau a I/a" iron rod with a cap marked "AMD
fiNG" set in the saulh right-of-way line of seid 261h Street, continuing for a totel distance of 200.00 feet W
a 12" iron rod with a cap medced "AMA ENGINEERING" set for an ell comer of these plet limits;
63I S 68b Strccl, Suite 300 1'HPE Reg. i F•9197 Offioe: (806) 771-3976
I.ubbock Tcxas 79424 TDPFIS Rcg. d 10178500 Fex: (806) 771-'1625
AMD Engineering and Surveying
THENCE S. 88° I I' 07" E. a distance of 256.23 foet to a i/2" iron rod with a cap madced "AMD
ENGINEERING" set for en ell corne� of these plat limits;
THEIVCE N. 01° 54' 23" E., at a distence of 168.00 feet pass a IR" iron rod with a cap marked "AMD
ENGMEERING" set in 1he soulh right-of-way line of said 26th Street, continuing for a total distance a
distattcc of 200.00 fat to a I/2" iron rod wi�h a cap merked "pMD ENGMEERING" set in the nonh line
of seid Southwest Quarter (S W/4) for a corner of thes� plet limits;
THENCE S. 88° I 1' 07" E., along the north Iine of said Southwest Quarter (gV1►/q), a distence of 272.00
fat to a tR" iron rod with a cep merked "AMD ENGINEERMG" set fa the northesst corner of seid I �.70
acre tracc end theso plat limits, heving coordiiretes of Tlorthing: �,27f,793.04 and Easting: 911,539.7Z of
the Texas Coordinate System of 1983 (201 I), Texas Norih Central Zone;
THENCE S. 01° 54' 23" W., along the west p1a1 limits of said Pi� Hills Addition at a distencc of 32.00
feet pass e I/2" iron rod with a cep marked "AMD ENGINEERITIG" sei in the south right-of-way lina of
said 261h Sueet, continuing at a distance of 45.69 faet pess the south right-of-way linc of 26th Sdeet as
dedicated with the plet of said Pine Hills Addition, conNnuing for s total distance of I 105.33 feet to e IR"
iron rod with a cap merked "AMD ENGINEER[NG" set at an ell corner of the plat limits of seid Pine Hills
Addition for the southeast comer of seid 17.70 acre tract and chese plat limits, having coordinetes of
Northing: 7,270,688.59 ar�d Easting: 911,522.96 of the Texas Coordinate System of 1983 (2011� Texas
Norlh Central Zone;
THENCE N. 88° 08' 47" W., et a distena of 1085.42 feet pass a IR" 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 Pdat o[ Beglnning. Bearings and coordinates ere based on the Texas Coordinate
System of 1983 (201 I), Texas North Central Zaie. The convergence angle to True North is -!° 53' 35.55"
and the combined scale factor is 6.99975966. Distartces ere et surface, in U.S. survey feet.
I, Noais Stevens, Registered Professional Land Surveyor, do heraby certify that ehis description was
pnepered from an acwal survey of �he property end that the informetion hereon represents the findings of
t}iis survey to the best of my knowlodge and belief.
Surveved Au¢us131. 2021
Y
Norris Steve.ns
Registercd Professiona) [.and 5urveyor,
Staro of Texas, Seal No. 4339
s•Revised I/20/2022 - Correctcd 1he bcering on 1he 8°i cell 2•O/� ZOL'f
21067� Sec 411lIk AK. Tww 7wa.
6515 68� Suecl, SuGe 300 I IiPF. Reg. i F-9197 O(fice: (806y 771-5976
Lubback, Texas 79124 TDPI:1.5 Rcg. M101783-00 fax: (806) 771.7625
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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 N0.184,
LUBBOCK COUNTY, TEXAS
A 21.646 acre tract of lend located in �hc Soulhwest Quarter (SW/4) of Section 43, Block AK, E.L. dt R.R.
RR. Co. Survcy, Abstrnq Number 184, Lubbock Counry, Texas, being sll of tha� certain irsct ot lend
deacribed as 17.70 ecres in a Wartanty Deed recordod in Volume 1472, Page 646 of tiie Daed Recads of
Lubbock Coumy, Texas, and a po�tion of that certain tract of land desen'bed as 4.25 acr�es in a Warranty
Deed recaded in Volume 6043, Page 10! of the Rea1 Property Rawrds of Lubbock County. Texas, said
21.646 acro tract being furtFier descn'beci by maes and bounds as follows:
BEGINNING at a"MAG" nail sa in the ca�terlina of Upland Avenue and in the west line of seid Section
43 at the southwest comer of said 17.70 acrc dacl, seme being thc most westerly nathwest comer of the
plat limits of Pine Hills Addition, a subdivision according to the mep, piat anNor dodication deed theroof
rccorded in Volume 1709, Page 661 of the Deed Rxords of Lubbock County. Texas, and for the southwest
wmer of dMse plat limits, having coordinates of Northing: 7,270,725.47 and fssting: 910,383.41 of the
Teuas Coordinalo System of 1983 (2011 � Texas North Central Zone, whence a reilroad spiko found at the
sautMwesl oorner of seid Section 43 bears S, 01 ° 52' 44" W. a distance of 1539.75 ka, said section conrcr
having coordinates of Northing: 7,269,186.91 and Easting: 910,332.94 of the Texas Coadinate System of
1983 (2011 � Texas Nodh Centrel Zane;
T}IENCE N. 01" 52' 44" E., abng the centerline of Upland Avenue and the west li� of said Section 43
at a distance of 170.25 fcet pess a roihnad spike found, continuing for a total distancx of 204.73 fat to a
"MAG" nail sct for lhe mast westerly northwest corner of tk�ese plat limits, semc being the southwest coma
of that certain 1.00 acre hsct of land dacribed in a Warranty Dced rceorded in County Cterk's File Numba
20i 8003570 of tlu Of%ciel Public Records of Lubbock Counry, Texas;
THETICE S. 88° 08' 32" E.. at a distence of SS.00 fea pess a 1/2" iron rod wid► a cep marked "AMD
ENGMEERING" set in the east right-of-way lioe of Up(and Avenue, herein dadicatod, con�inuing at a
distana of 55.61 feel pass e 1/2" iron rod wnh a groen brofcen cap found, continuing for a total dislance of
29624 feat W a 1 R" iron rod with e cep merked "RPLS 4460" found at the southeast comer of seid 1.00
acre trect for an ell cornu of these plat limits;
THENCE N. 01° 48' 4T' E., along the east lioes of five lracts of land, being: (I) said 1.00 acre trao1, (2)
Lynch Addition, Lots I-A and 1-D, an addition to the Ciry of Lubbock, Lubbock County, Texas, accarding
to the map, plal and/a dalication dced theroof recorded in Volume 6252, Pege 220 of the Officiel Public
Records of Lubbock Counry, Texas, (3) that eertain 1.50 acre tract of land described in a WaRanry Deed
reconded in Volume 2783. Page 126 of �he Real Properry Recarda of Lubbock Counry, Texas„ (4) that
certain 0,94 acre �cact of land described in a Werranry Deed recorded in Volume 4627, Page f 88 af tbe Real
Property Rcoords of Lubbock Counry. Texas, and (S) Crenwelge Addition, l.ot l, an addition to the Ciry of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dodicatan doad thereof recorded in
Volume 5116, Page l95 of the Real Property Records of Lubbock Counry, Texes, at a distence of 868.45
feet pass a IR" iron rod wilh a cap marked "AMD ENGMEERiNG" set in the south right-of-way line of
26th S�eet, herein dadicatod, continuing for a total distance a dislance of 900.45 fat to e 1/2" iron rod with
e cap marked "AMD ENG" set in the north line of said Southwest Qusrtu (SW/4) for the nathwest comer
of said 4,25 acrc traa and the most northerty nathwost comer of these plal limits, having coordinates of
Northiog: 7,271,819.82 and Easting 910.714.61 of the Texas Coordinete System of 1983 (2011}, Texas
North Cenasl Zone, whence e coaon spirtdk found 'm tha cent�line of seid Uplend Avenue at the west
quarter corner of said Section 43 beers N. 88° I I' 07" W. a distanoe of 295.21 feet, said q�rter sectan
corno� hsving coordinates of Northing: 7�271,829.17 and Easting: 910,419.61 of lhe Texas Coordinete
System of 1983 (201 I), Texes North Central Zone;
THENCB S. 88° I I' 07" E., along the nord� line of seid Southwest QueRer (SW/4), a distance of 317.51
feet to a I/2" iron rod with a cap marked "AMD ENGINEERINC" set for a caaner of these plat limits;
THENCE S. 01° 54' 23" W„ at a distance of 32.001'at pass a I/3" iron rod with a cep marked "AMD
BNG" set in the south right-of-way line of said 26th Str+eet, continuing for a total distance of 200.00 feet W
s 1/2" imn rod with a cap medced "AMD ENGINE�RING" set fa an ell comer of these plat limits;
631i 68� Strecl, Suile 300 'l'8PE Reg. / F•9197 Offioe: (806) 771-5976
Lubbock Texas 794?A TDPFI.S Rcg. R 101785-AO Fax: (806) 7714625
AMD Engineering and Surveying
'fH�NCE S. 88° 1 I' 07" E. a distance of 256.23 feet to a IR" iron rod with a cap madced "AMD
ENGMEERING" set for an ell corne� of these plat limhs;
THENCE N. 01° 54' 23" E., at e distanx of 168.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENGMEERING" set in lhe south right-of-way line of said 26th Street, continuing for a total distence a
distancc of 200.00 fat to a I/2" iron rod with a cap merked "AMD ENGMEERING" set in the north line
of said Southwest Quarter (S W/4) for a corner of these plat limits;
THBNCE S. 88° I I' 07" E., along the noAh line of said Southwest Quarter (SW/4), a distemx of 272.00
fed to a f/2" iron rod with a cep merked "AMD ENGM6ERING" set fa the northesst comer ofsaid 17.�0
acr�e tract and d�eso plat limits, heving cowdi�us of Norlhing: 7,271,793.04 and Eesting: 911,559.72 of
the Te�cas Coordinete System of 1983 (201 I), Texas Norih Central Zom;
THENCE S. Ol° 54' 23" W., along �he west plet limits of said Pi� Hills Addition at e distance of 32.00
feet psss e I/2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way lirta of
seid 26th Sueet, conlinuing at a distance of 45.69 faet �nss the south right-of-wey line of 26th Sheet as
dedicated with the plel of said Pine Hills Addition, continuing for a tolel distance of I 105.33 fea to s I/2"
iron rai with a cap marked "AMD ENGINEERING" set at en ell corner of the plat limits of said Pine Hills
Addition for the southeast comer of said 17.70 acre trect and those plat limits, having coordine�es of
Norihing: 7�270,688.59 and Easting 911,522.% of the Texas Coordinate System of 1983 (201 i� Texas
North Cenval Zone;
TNENCB N. 88° 08' 47" W., at a distena of 1085.42 feet pass a 1/Z" iron rod with a cap markcd "AMD
ENGINEERING" sct in the east right-of-way line of said Uptend Avenue, continuing fa a totel distance
of 1140.42 Fext to the Pdat of Beglnnin�. Beerings and coordinstes ere based on tho Texas Coordinate
Systan of 1983 (201 I), Texas North Central Zane. The convergence angle to Truc North is -I° 53' 35.55"
and the combined scale factor is 0.99975986. Distances ere at surface, in U.S. survey feet.
I, Norris Stevens, Registered Professional Lend Surveyor, do hereby certify that this description wac
propared from an acwal survey af �he property and that the information fiereon represents the findings of
this survey to the best of my knowlodge and belief.
Surveyed August 31. 2021
�
Naris Steva�s
Registerod Professional [.and 5urveyor,
State of Twcay. Seal No. 4339
•�Revised I/20/2022 - Correctcd �he bearing on the 8°i call 2•4�- Poz3
21p674 See �} p& AK, Twqer Tna.
65IS 68� Sueq, SuGe 300 11iPF, Reg. � VA197 A119a: (806) 771-5976
Lubbak 7cxas 79124 TDPl:I.S Rcg. N 101783-00 �ex (606) 771-7625
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0 Upland Crossing 3 PID
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Lot-Block Lines
Upland Crossing 3
Public Improvement District
2023 SERVICE AND ASSESSMENT PLAN
FEBRUARY 16, 2023
�
City Of
u oc
TEXAS
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 .................................................................................. S
SectionV: Assessment Plan ................................................................................................................................6
Section VI: Terms of the Assessments ................................................................................................................6
Listof Exhibits .............................................................................................................................................7
Exhibit A- PID Legal Description and Map ........................................................................................................ 8
Exhibit 6— Service Plan — Five Year Plan ................................................................................................... 11
ExhibitC- Assessment Roll ............................................................................................................................ 15
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 I.B 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
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
e 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
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 I.A 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
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.
�
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
Tax Year
PropertyValues (Taxable) •
Discounted PropertyValues
Fiscal Year Revenues
Interest Earn�ngs
Assessment @ $0.18
Total
Expenses
Basin Park Maintenance
Annual Operating Cost
Administrative Costs
Total
Cash Reserve
Assessment Information for $300,000 Home
Proposed
Bud et Pro ded
2023 2024 2025 2026 2027 Totals
58,165 17,559,328 17,910,515 18,268,725 18,634,100 18 634,100
52,349 15,803,395 16,119,463 16,441,853 16, 770,690 16,770,690
2023-24 2024-25 2025-26 2026-27 2027-28 Totals•
$ - 71 47 21 $ 139
94 28,446 29 O15 29,595 30 187 117 338
$ 94 28 446 29 086 29 642 30 208 $ 117 477
$ - - 15,000 15,300 15,606 $ 45,906
6,000 6,000 6,120 6,242 6,367 30,730
4 000 9 000 9,180 9,364 9 S51 41,094
$ 10 000 15 000 30 300 30 906 31 524 $ 117 730
$ 9 906 3 540 2 326 3 062 1 Ol l $ 3 011
$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
�
u
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
7
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AMD Engineering and Surveying
A 21.646 ACRE TRAGT 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 acro trect of land located in Ihe Soulhwest Quarter (SW/4) of Section 43, Blook AK. E.L. 8t R.R.
RR. Co. Survey, Abstract Number 184, Lubbock Counry, Texas, being sU of Ihat certein trsc� of lend
describod as 17.70 ecres in a Warranty Deed rccorded in Volume 1472, Pege 646 of the Deed Records of
Lubbock Coumy, Texes, and � podion of thet certain tract of land descn'bed as 4.25 acres in a Wartanty
Deed recorded in Volume 6043, Page 10 F of the Rcal Property Re�ords of Lubbock County. Texes, said
21.646 acro tract being furtlier descn'bed by metes end bounds as follows:
BEGINNING at a"MAG" nail sex in ihe Centerline of Upland Avenue and in the wes� line of seid Section
43 at the southwest comer of said 17.70 acrc dsc1, seme being the most westerly northwest c� of the
plet limhs of Pine Hills Addition, a subdivision according to the map, plat and/or dedication deed theroof
rccorded in Volume 1709, Page 661 of the Dad Rocords of Lubbock Counry, Texes, and for the soulhwest
corner of dMso plat Iimils, having coordinetes of NoAhing: 7,270,725.47 and Eesting: 910,383.41 ot �he
Texas Caordinate System of 1983 (2011 � Texas North Central Zom, whenc� a railroad spika found at the
southwesl comer of said Soction 43 bmrs S. 01 ° 52' 44" W. a distance of 1539.75 fed, seid section corner
heving coordinates of Northing: 7,269,186.91 and Easting: 910,332.94 of the Texas Coadinate System of
I 983 (2011 � Texas Nath CenGal Zone;
THBNCE N. 01° 52' 44" E., efong Ute centerline of Upland Avenue and the west li� of said Section 43
at o distance of 170.25 fixt psss a raih�osd spike found, continuing for a totel distana of 204.73 fcet to e
"MAG" nail set for Ihe mosl westerly norihwest corner of � plal limits, same being the southwest comer
of thet eertain 1.00 acre tract of land described in a Wmranty Dced recordod in Counry Cterk's Fik Number
20i 8003570 of the OI'F'wiel Public Records of Lubboek County, Texas;
THENC� S. 88° 08' 32" E.. at a distance of SS.00 fea pess a 1!2" iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of Upland Avenuc, herein dadicated, continuing at a
distance of 55.61 fed pass e I/2" iron rod with a green brotcen cap found, continuing for a lota{ distence of
29624 feet W a 12" iron rod with e cap msrked "RPLS 4460" found at �he southeau coma of said I.00
acre tract for an ell corner of tl�ese plat limits;
THENCB N. 01° 48' 4T' E., along the east lines of five lracts of Iand, being: (1) said I.00 acre hact, (2)
Lynch Addhion, Lds I-A and 1-B, an addition to the Ciry of Lubbock, Lubbock County, Texas, acwrding
to the map, plal and/a dodication deed theroof recorded in Volume 8252, Page 220 of the Otticial Public
Raords of Lubbock Counry, Texes, (3) that artain I.SO acre tract of land described in a Wartanty Deed
rccadod in Volume 2783, Page 126 oF the Real Property Records of Lubbock Counry, Texas, (4) that
aAain 0.94 acro tract of lend described in a Wananry Deed recorded in Volume 4827, Page ! 88 of the Real
Propaty Records of Lubback County, Texas, ar�d (S) Crenwetge Addition, Lot I, en addition to the Ciry of
Lubbock, l,ubboek County, Texas, accarding to the map, plat and/or dadicetion dood thercof recaded in
Volume 5116, Page l95 of the Real Property Rocords of Lubbock County, i'exes, at a distana of 868.45
feet pass a 1R" iron rod wilh a cap marlced "AMD ENGlTIEERIIVG" sct in the soulh right-of-way line of
26th Strtiet, herein dadicatod, continuing for a total distancx a dislance of 900_45 fat to a 1/2" iron rod with
s cep marked "AMD ENG" set in the north lina of said Southwest Quartu (SW/4) for the northwest comcr
of said 4,25 acrc tract and the most northerfy northwest carur of lhese plat limits, having coordinates of
Nordiing: 7,271,819.82 and Easting: 910,714.61 of the Texas Coordinete System of 1983 (2011), Texas
North Central Zone, whence a cotton spirtdk found in tha centerline of said Upland Avcnue at the west
quaRer corner of said Section 43 bears N. 88° I I' 07" W. a distanoe of 295.21 feq, seid q�rter section
comer heving coordinstes of Northing: 7,271,829.17 and Eesting: 910,419.61 of ihe Texas Coordinate
System of 1983 (201 I), Texes North Central Zone;
THBIVCE S. 88° 1 I' 07" E., along the north line of said Soulhwest Quarter (SW/4), a discance of 317.51
fcet to e U2" iron rod witA a cap markod "AMD ENGINEERING" set for a corner of these plat limiu;
THENCE $. 01° 54' 23" W„ at a distance of 32.001'at pass a If�" iron rod with a cap marked'•AMD
fiNG" set in the south right-of-way line of said 26th Sfrcet, continuing for a lotal distsnce of 200.00 fed to
a IR" imn rod with a cap me�lced "AMD ENGINE�RING" sec for an ell caner of these plat limits;
6313 66'� Strecl, Suite 300 TBPE Reg. / F•9197 O(1ice: (806) 771 •5976
Lubbock Texa� 79424 TIiPF.IS Rcg. A10178500 Fax: (806) 771•7625
AMD Engineering and Surveying
TNENCE S. 88° I I' 07" E. a distance of 256.23 feet to a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set for an el) corner of the,se plat limits;
THENCE N. �t ° 54' 23" E., at a distenve of 168.00 feet pasa a l2" iron rod with a cap madced "AMD
ENGMEERING" set in 1he sovlh right-of-way line of seid 261h Street, continuing for a total distance a
distancc of 200.00 fat to a IR" iron rod with a cap merkod "pMD ENGINEEItING" set ia the north line
of said Southwest Quarter (S W/4) far a corner of thes� plat limits;
THENCE S. 88° I I' 07" E., along the north Iine of said SoutF�west Quarter (gW/4), a dista�e of 272.00
fed to a 1R" iron rod with a cap merked "AMD ENGINEERING" set fa the northeast corner of seid 17.70
aare tract and droso plat limits, having coordiaates of Northing: �,271,793.04 and Easting: 911,539.72 of
the Texas Coordinate System of 1983 (201 i), Texas North Central Zorn;
THENCE S. 01° 54' 23" W., along �he west p1a1 limits of said Pine Hills Addition at a distance of 32.00
feet pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of•way lin6 of
said 26�h Sueet, continuing at a distence of 45.69 feet pess the south right-of-way line of 26th Strc�t as
dedicated with the plal of said Pine Hilis Addition, continuing for a total distance of 1105.33 fea to a 1/2"
iron rod with a cap marlced "AMD EIJGINEERING" sat at an ell corner of the plat limits of said Pine Hills
Addition for the southeast comer of seid 17.70 acre tract and theae plat limits, having coordinetes of
Norihing: 7,270,688.59 and Easting: 911,522.96 of the Texas Coordinate System of 1983 (2011� Texas
North Crntral Zone;
THENCE N. 88° 08' 47" W., at a distanoo of 1085.42 feet pass e I/Z" iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of said Uplend Avenue, continuing for a totel distance
of 1140.42 fcet to the Pdet of Beglnnin�. Beerings and coordinstes ere based on the Texas Coordinau
System of 1983 (201 l� Texas North Central Zone. The convergence angle to True North is -I° 53' 35.55"
and the combined scale factor is 0.99975986. pistsrtces erc et surface, in U.S. survey foet.
I, NoRis Stevens, Registered Professionel Land Surveyor, do heraby certify that ehis description was
prepared from an acwal survey of 1he property and that the information hereon represents the findings of
this wrvey to the best of my knowlodge and belief.
Surveyed August 31. 2021
r
Norris Steve�u
Registerod Professional [.and Surveyor,
Staro of Texas, Seal No. 4339
••Revised Ido/zo22 - Corrcctod the beering an the 8�' cell 2��l -�z3
21pS7< Sec �3 Otic AK, Twaer Traa.
65IS 68�' Sued, Sutte 300 I IiPF. Reg. � F-9197 O(lice: (806y 771-5976
Lubbodc, Teuns 79M124 TDPI:L5 Rcg. N101783-00 �ax; (BO6) 771-7623
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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
12
(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;
13
(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 sate 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.
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.
14
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Exhibit B— Ordinance Adopting the Upland Crossing 3 Public Imqrovement District
Service Plan
City of Lubbock & Lubbock Central Appraisal District — Upland Crossing 3 PID Assessment Collection Agreement . Page 9
First Reading EXHIBIT B Second Reading
April 11, 2023 Apri125, 2023
Item No. 73 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 TiiE 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-R0145 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 boazd for the PID; and
WHEREAS, through Resolution No. 2023-R0147, the Council directed City staff to:
(1) Prepaze 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) Prepaze an assessment roll for the PID that states the assessment against each pazcel 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 P1an 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 heaz 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) yeazs; 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 yeaz
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 aze
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 fiu�ther 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 pazcels 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
pazcels 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, aze hereby declared to be and aze 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 regazdless of
whether the owners aze 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 yeaz 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 (ls`) calendaz 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 yeaz 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, regazdless 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 aze a personal liability and chazge
against the real and true owners of the premises described, notwithstanding such owners
may not be named, or may be inconectly 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.
APPROVED AS TO CONTENT:
osteli , Chief Financial Officer
APPROVED AS TO FORM:
► ,
elli Leisure, Senior Assistant City Attorney
ccdocs/ORD. Economic Development - Upland Crossing 3 PID -• Service Plan, Assessment Role, and Levy
3.28.23
Exhibit i
Upland Crossing 3
Public Improvement District
2023 SERVICE AND ASSESSMENT PLAN
FEBRUARY 16, 2023
City Of
�C
T�xas
Exhibit 1
City of lubbock, Texas
Finance Oepartment
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 i
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement Oistrict
Service and Assessment Plan
February 16, 2023
Plan Oesc�iption and Defined Terms
A. Introduction
Chapter 372 of the Texas Local Govemment 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 I.B 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 PIO 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
i� 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.
"AssessmenY' 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 Exhlbit
C, as updated, modified, o� amended annually in accordance with the procedures set forth herein
and in the PID Act.
"Cit�/' 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 o� any portion of the maintenance
of the public improvements, operation, and other supplemental services, as described in Exhibit
8 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
Exhiblt A to the Service and Assessment Plan.
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 fo� 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 I.A 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 111
Description of the Imp�ovement 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
�
Exhibit i
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 imp�ovements 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 Seroice and Assessment Plan is
herein referred to as the "Annual Service Plan Amendment." The Upland Crossing 3 PIO 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.
3
Exhibit 1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
� ._. _ --____ .. . _�____��-_
Propnsrd — �
8ud�.eS _ Fro�eRed _
Tax Year 2023 2024 � 2025 2026 2027
PropertyValues (7axablej • 58,165 17,559,328 17,910,515 18,268,725 18,634,100
Discounted PropertyValues 52,349 15,803,395 16,119,463 16,441,853 16,770,690
Fiscal Year Revenues
InterestEarnings
Assessment @ 50.18
Total
Expenses
Basin Park Maintenance
Annual Operoting Cost
Adminisirotive Costs
Total
Gsh Reserve
AssessmeM Infartnatlon for 5300,000 Home
2023-24 2024-25
$ - -
94 28 446
S 9a u +ac
S -
6,000 6,000
4 000 9 000
10 000 15 000
9 3
$I80
71
is,000
6,120
The sources and uses of funds table is subject to revision each year.
16,770,690
i-27 2027-28 Totals'
47 21 $ 139
29 595 30 187 117 338
29 642 30 206 117 477
15,300 15,606 5 45,906
6,242 6,367 30,730
9964 9.551 41.094
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
5
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
improvernents, 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
Upland Crossing 3 Public Improvement District LJ J_1J I
iiiL A
1 11 111■ ■11
0 Upland Crossing 3 PID ('f__ub�oo
ry ork
FeetParcels 0 125 250 500 Lc
Lot-Block Lines
CNr. N �-wY1 Y M IM-YYrI �w �w1 � M Yn M�
►��y 4 �r r � NM M Yrl TN• r �M1I�w�r�
8 :."rrn.r�rrirMW w'-I W rr-rrYMM
,...«H...Y-M"'""""...` 1/31/202:
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.134,
LUBBOCK COUNTY, TEXAS
A 21.646 acre tract of lend located in the Southwest Quarter (S W/4) of Section 43, Block AK, E.L. & R.R.
RR. Co. Survey, Abstract Number 164. Lubbock County, Texas, being all of that certain tract of land
', - P bed as 17.70 apes in a Warranty Deed resxxrde I In Volume 1472, Page 646 of the Deed Records of
Lubbock County, Texas, and a portion of that eeaain am of land described as 4.25 acres in a Warranty
Dad Penoiled in Volume 6043, Page 101 of the Real Property Records of Lubbock County, Texas, said
21.646 acne tract being further described by miles and bounds as follows:
BEGINNING at a "MAO" nail in in the oe sterlino of Upland Avenue and in the west line of said Section
43 at the southwest comer of said 17.70 acre sect, saw being the moat westerly northwest carrier of the
plat limits of Pine Hills Addition, a subdivision aceordIng to the map, plat andlor dedication deed thereof
recorded In Volume 1709, Page 661 of the Deed Records of Lubbock Country. Texas. and for the southwest
comer of these plat limits, having coordinates of Northing: 7,270,725.47 and Fasting: 910,393 A I of the
Texas Coordinate System of 1983 (2011). Texas North Central Zone. whence a mihoad spice found at the
southwest oomerof said Section 43 beers S. 01.52' 44" W. a distaaoe of 1539.75 feet, said section Dana
having coordinates of Northing: 7,209,186.91 and Easting: 910,332.94 of the Texas Coordinate System of
1983 (2011 � Taxes North Central Zone;
THENCE N. 01 ° 52' 44" E, along die centerline of Upland Avenue and the west line of said Section 43
at a distance of 170.25 feet pass a railroad spike found, continuing for a total distance of 204.33 fat to a
"MAG" nail set fordo most westerly northwest oomer of these put limits, same being the southwest comer
of that certain 1.00 an tractof land described is a Warranty Deed record F in County Clerk's File Number
2018003570 of the Official Public Records of Lubbock County, Texas;
THENCE S. 880 08' 32" E. at a distance of 55.00 fat pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way tine of Upland Avenue, berein dedicated, continuing at a
distance of 55.61 fed pass a I/2" iron rod with a groan broken cap found, continuing for a tout distance of
2%24 fed to s 1/2" iron rod with a cap marked "RPLS 44W farad at the southeast comer of said 1.00
acre tract for an ell corner of time put limits;
THENCE N. 010 48' 47" E. along the east lion of five tracts of land, being: (1) said 1.00 acre tract. (2)
Lynch Addition, Lots 1-A and 1-% an addition to the City of Lubbock, Lubbock County, Texas, acceding
to the map, plat and/or dedication deed thereof recorded In Volume 8252. Page 220 of On Official Public
Records of Lubbock County, Texas, (3) that certain 1.50 acre trod of land described in a Warranty Deed
recorded In Volume 2783. Page 126 of the Real Property Records of Lubbock Counly. Texas. (4) that
certain 0.94 acre tractof land described ins Wammty Deed recorded in Volume 4827, Page 189 of the Real
Property Records of Lubbock County, Taxes, and (5) Crenwelge Addition, Lot[. an addition to the City of
Lubbock, Lubbock Comity. Texas, acceding to the map, put and/or dedication deed thereof recorded in
Volume $I 16, Page 195 of the Real Property Records of Lubbock County. Texas, at a distance of 868.45
fat pass a 1f2" iron rod with a cap marked "AMD ENGINEERING" set in the south rightof-way line of
26th Street, herein dedicated, continuing for a total distance a distance of 900.45 fed to a 1R" iron rod with
a cap marked "AMD ENG" set in the north line of said Southwest Quarter (SW/4) for the northwest caner
of said 425 scre tract and do most northerly northwest carer of these plat limits, having coordinates of
Northiag: 7,271,819.82 and Essting: 910.714.61 of the Texas Coord-mete System of 1983 (2011), Texas
North Causal Zone, wham a corton spindle farad in the caueriine of said Upland Avenue at the west
quarter comer of acid Seaton 43 bean N. $80 1 V Or W. a distance of 295.21 Pod. said quarter section
comer having coordinates of Northing: 7,271,829.17 and Easling: 910.419.61 of the Texas Coordinate
System of 1983 (2011), Texas North Central Zane;
THENCE S. 880 11. Or I, along the north line of said Southwest Quarter (SW ft a distance of 317.51
Am to a 112" iron rod with a cap marked "AMD ENGINEERING" set for a comer of these plat limits;
THENCE S. 010 54' 23" W, at a distance of 32.00 fat pass a IR" iron rod with a eap marked "AMD
13NG" set in the south right-of-way line of said 26th Street. oonYmuing fora total distance of 200.00 feet to
a If2" iron rod with a cap marked "AMD ENGINEERING" ad for an ell comer of time plat Iimitr,
6515 69& Suer. Suihe 300 TBPE Rea. a F-9197 Office: (8 06) 771.5976
Lutibodr. Taw 79424 TBPF.LS PA& 0 1017OS40 Fa: (806) 771-7625
Exhibit A
AMD Engineering and Surveying
THENCE S. 88e I 07" E. a distnce of 256.23 feet to a 1r2" iron rod with a cap marked "AMD
ENGINEERING" set for an ell comer of these pint lunits;
THENCE N. 010 $4' 23" L. at a di, wuI I of 168.00 feat pass a 112" it= rod with a cap marked "AMD
ENGINEERING" set in the south right-of-way line of said 266 Street. continuing for a total distancc a
distance of 200.00 fat to a U/2" iron rod with a cap marked "AMD ENGINEERING" set in the north line
of said Southw st Quarter (S W/4) for a comer of these plat limits;
THENCE S. 88° 1 I' 07" I, along the north ism of said Southwest Quarter (SW/4), a diem= of 272.00
feet to a 19" iron rod with a cap marked "AMD ENGINEERING" ad for the northeast comet of said 17.70
arse tract and time plat limits, having coordinates of Northing: 7,271,793.04 and Pasting: 91109.72 of
the Tom Coordinate System of 1983 (2011), Texas North Central Zane;
THENCE S. 01" 54' 23" W.. along the west plat limits of said Pine Hills Addition at a distance of 32.00
fat passe 1/2" iron rod with a cap mha ke "AMD ENGINEERING" sal 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 pW of said Pine Hills Addition, continuing for a total distance of 1105.33 fair to a 1/2"
iron rod with a cap marked "AMD ENGINEERING" sal at an ell earner of the plat limits of said Pine Hills
Addition for the southeast comer of said 17.70 am tract and time plat limits, having coordinates of
Northing: 7,270,688.59 and Easting: 91 I.S22.% of the Texas Coordinate System of 1983 (20111 Texas
North Central Zane;
THENCE N. 880 08' 47" W., at a distance of 108S.42 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" sal in the cast right-of-way line of said Upland Avenue„ continuing for a total distance
of 1140.42 fat to the Point of Beghrninhg. Borings and coordinates are based on the Taxes Coordinate
System of 1983 (20111 Texas North Central Zane. The convergence angle to True North is -1. 53' 35.55"
and the combined state factor is 0.99975986. Distances are at surface, in U.S. survey feet.
1. Norris Stevens, Registered Pro&ssional 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 beat of my knowledge and belief.
Surveyed Auso 31. 2021
r
Norris Stevens
Registered Professional Land Surveyor,
State of Texas, Seal No. 4339
•'Revised 1/2tV2022 Corrected the thearing an the SP earl 2 o/-2otj
210574 See 43 LUk AK. Tome TruL
6313 68+ Shred Shute 300 1 OPF Reg. s F,9197 01Proe: (806) 7715976
Lubbock Teats 7"24 TOPLLS Reg. Ir101783.00 Fax: (6061771.7623
10
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
Exhibit 6
City of Lubbock, TX
Finance Department
Upland Crossing 3 Public Improvement District
2023 Preliminary Service Plan
February 16, 2023
W2024
i
2023
202S
2026
2027
Totals
58,165
17,559,329
17,910,515
18,268,725
18,634,100
18,634,100
16,770,690
52, 349
15,803,395 16,119, 463 16,441,853 16,770,690
2023-24 1
2024-25
202S-26
2026-27
2027-28
Totals'
$
-
-
71
47
21
$
139
94
28,446
29,015
29,595
30,187
117,338
$
94
28,446
29,086
29,642
30,208
$
117,477
$
15,000
15,300
15,606
5
45,906
6,000
6,000
6,120
6,242
6,367
30,730
4,000
9,000
9,180
9,364
9,551
41,094
$
10,000
1 15,000
30,300
30,906
31,S24
$
117,730
$
(9,906)
3,540
2,326
2,062
11011
$
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
RlSO427
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 ., 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 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 TH E 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
RESOLUTION
WHEREAS, the City of Lubbock, Texas pursuant to Chapter 372 Texas
Local Government Code has created the Upland Crossing 3 Public Improvement
District; and,
WHEREAS, the City of Lubbock is desirous of contracting with the Lubbock
Central Appraisal District to provide all services necessary for the collection of
assessments levied within the Upland Crossing 3 PID; and,
WHEREAS, the Lubbock Central Appraisal District is able and willing to
perform said collection services, and is desirous of contracting with the City of
Lubbock to provide such services;
NOW THEREFORE:
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LUBBOCK
CENTRAL APPRAISAL DISTRICT:
THAT, the Chairman of the Board of the Lubbock Central Appraisal District
BE and is hereby authorized and directed to execute an interlocal agreement titled
"Interlocal Agreement for the Collection of Assessments Levied on Property within
the Upland Crossing 3 Public Improvement District" with the City of Lubbock.
Passed by the Board of Directors this 26t' day of July, 2023.
&:�5z 011aq-
Greg Jones, Chairman
Board of Directors
ATTEST:
Bobby McQueen, Secretary
Board of Directors