HomeMy WebLinkAboutResolution - 2023-R0589 - Findings & Authorizing Establishment Of The Cypress Ranch PID - 12/05/2023Resolution No. 2023-R0589
Item No. 6.6
December 5, 2023
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, APPROVING AND
AUTHORIZING THE CREATION OF THE CYPRESS RANCH 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 property that is liable for assessment under the area covered by the Petition; and
WHEREAS, the Petition requests that the City establish a public improvement district
according to Chapter 372 of the Texas Local Government Code for the general purpose of
financing improvements and services related to:
(i) acquisition, construction, or drainage facilities or improvements, the design,
construction, and maintenance of parks and green spaces, together with any ancillary
structures, features or amenities such as playgrounds, splash pads, pool(s), receptacles and
any similar items located there in along with all necessary grading, drainage, and similar
infrastructure involved in the construction of such parks and greens; landscaping,
hardscaping and irrigation; and
(ii) 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 the
Levelland Highway to the north, agricultural land to the east, railroad tracks to the south,
and Inler Avenue to the west, with such property being the development known as Cypress
Ranch, 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'h) 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 ffth (S�h) day of December, 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 district, and opponents of the public improvement
district were given the opportunity to appear to contest authorization of the proposed public
improvement district, after which the Council closed the hearing; and NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct.
SECTION 2: THAT after conducting a public hearing, examining evidence, and hearing
testimony, the City Council finds and determines the following:
(a) That the public hearing on the advisability of authorizing the Cypress Ranch
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 Cypress Ranch Public Improvement District; and
(b) That authorization of the Cypress Ranch Public Improvement District with
boundaries depicted and described in "Exhibit 2" is advisable and will result in
beneiits to the City, its residents, and the property owners in the Cypress Ranch
Public Improvement District for the general purpose of financing improvements
and services related to:
(i) acquisition, construction, or drainage facilities or improvements, the
design, construction, and maintenance of parks and green spaces,
together with any ancillary structures, features or amenities such as
playgrounds, splash pads, pool(s), receptacles and any similar items
located there in along with all necessary grading, drainage, and similar
infrastructure involved in the construction of such parks and greens;
landscaping, hardscaping and irrigation; and
(ii) 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 Cypress Ranch Public Improvement District
through Fiscal Year 2027-28 is approximately one hundred eighty eight thousand
dollars ($188,000) (the "Costs"), with such Costs being described in "Exhibit 3"
attached to and made a part of this Resolution; and
(d) That the Costs will be paid by the proposed assessment rate of fifteen cents
($0.15) per one hundred dollars ($100) of valuation of property within the Cypress
Ranch 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 Cypress Ranch Public
Improvement District and the City, all the Costs will be paid by the Cypress Ranch
Public Improvement District through assessments on the property within the
boundaries of the Cypress Ranch 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
Cypress Ranch Public Improvement District, City of Lubbock, Texas.
SECTION 4: THAT the City Council shall be the governing board for the Cypress Ranch
Public Improvement District.
SECTION 5: THAT if any section, paragraph, clause or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section paragraph, clause or provision shall not affect any of the remaining provisions
of this Resolution.
Passed by the City Council this Sth day of December , 2023.
TRAY PAYI�, MAYOR
ATTEST:
Court y Paz, City Secre ary
APPROVED AS TO CONTENT:
D. u Kostel' h, Chief Financial Officer
APPROVED AS TO FORM:
� t-
elli Leisure, Senior A istant City Attorney
Resolution No. 2023-R0589
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BETENBOUGH
HOMES�
October 2, 2023
Brianna Brown
Business Development Director
City of lubbock
1314 Avenue K
Lubbock, TX 794Q1
RE: Cypress Ranch Public Improvement District
Dear Hono�able Mayor and City Councii,
Cypress Ranth PID is a �esidential development within the city limits of the City of Lubbock generally
bounded to the North by the Levelland Highway, to the East by agriculture land, to the South by railroad
tracks, and to the West by Inter Avenue. We are proposing to create a Public Improvement District,
"PID", to maintain the public improvements for Cypress Ranch.
In order to comply with the "Public Improvements District Policies and Guidelines", we are providing
info�mation as required in Section III. "Guidelines", b. "Petition Requirements":
1. Betenbough Homes has purchased/optioned almost 99.5854 acres. Betenbough Homes plans to
invest $500,�4.00 in improvements for this central park and basin system, and basin system to the
East before it would be deeded over to the City of Lubbock and the PIO. We will be here to help
keep the PID healthy a�d thriving. We have vested interest in making this PID healthy and self-
sufficient.
2. This requirement is addressed in Section 5 of the accompanying Petition.
3. This requirement is addressed in Section 1 af the accompanying Petition.
4. 7his requirement is addressed in Section 5 of the accompanying Petition.
5. If there is su�cient support to petition to diswlve the Public lmprovement District certain
requirements in addition to sufficient support must be met in order to dissolve the PID. Those
requirements include arrangements to transfe� 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 PiO. Betenbough Homes will have been responsible for some maintenance before the
park and basin system would be deeded over. With having supported some maintenance, we feel we
will have an accurate representation of cost to propose for the service plan. So far, all of our proposed
service plans, are reviewed by city staff, and approved by City Council.
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BETENBOUGH
HOMES '
6. This requirement has been met by the map and description of the area that is attached to this
Petition.
7. Operation of the PID process shall be consistent with the bylaws for Public Improvement Districts for
the City of Lubbock. If a board is not established, then the operation of any PID actions will be managed
by the City Manager or designee.
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 PID will allow the
basin to be weli maintained.
9. Each parcel of City-owned land will be identified as a"TracY' at time of platting.
10. General description of proposed improvements is addressed in Section 2 of the Petition.
11. 7he estimated total cost of the improvements is approximately $500,000.00 and will be paid and
constructed by the developer. Betenbough Homes daes not desire any reimbursement. 7he estimated
cost of the maintenance is approximateiy $50,000.00 per year and is to be paid for by the PID as soon as
the funds are available. This is the estimated cost for the entirety of the "park system".
12. Addressing this requirement 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 properties and will be
assessed at $.15 per $100.00 valuation.
14. Oocumentation of liabiiity 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 �
Chris Berry
Land Development Manager
Betenbough Homes
PETITION FOR THE CREATION OF A PUBL,IC IMPROVEMENT DISTRICT TO FINANCE
IMPROVEMENTS IN THE CYPRESS RANCH PUBLIC IMPROVEMENT DISTRICT
THE STATE OF TEXAS §
§
CITY OF LUBBOCK §
TO: THE HOIVORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK:
The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of
Chapter 372, Texas LocaI Government Code, as amended (the "Act"), request that the City of
Lubbock create a public improvement district (the "District") in the territory described in
Exhibit A attached hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in
support of this petition the Petitioners would present the following:
Section l. 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 reai property that constitutes more
than SO% 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 in common areas and designated right-of-way areas directty
adjacent to proposed deeded common areas is: (i)acquisition, construction, of drainage facilities
or improvements, (ii} the design, construction and maintenance of parks and green spaces, together
with any ancillary structures, features ar amenities such as playgrounds, splash pads, pool(s),
athletic facilities, pavilions, community facilities, irrigation, waikways, lighting, benches, trash
receptacles and any similar items located there in along with all necessary grading, drainage, and
similar infrastructure involved in the construction of such parks and greens; landscaping,
hardscaping and irrigation; and (ii) payment of costs associated with developing and financing the
public improvements listed in subdivision (i) including costs of establishing, administering and
operating the District.
Section 3. Estimated cost of the proposed public im�rovements and annua!
maintenance: $500,000 estimated for proposed public improvements as mentioned in section 2.
Annual maintenance costs -$50,000 for proposed improvements made by developer.
Section 4. Boundaries. The proposed boundaries of the District are described in
Exhibit A.
Section 5. Method of assessment. An assessment methodology has been prepared that
will address (i) how the costs of the public improvements paid for with the assessments are
assessed against the property in the District, (ii} the assessments to be collected each year, and (iii}
reduction of the assessments for costs savings (pursuant to the annual review of the service plan
for the District). Additionally, a report will be prepared showing how the costs of the public
improvements are assessed to property on the basis of the special benefits. The result will be that
equal shares of the costs will be imposed on property similarly benefited.
in assessing the maintenance of the public improvements, property will be classified based
on the net taxable value of the property.
The assessment methodology will result in each parcel paying its fair share of the costs of
maintaining the public improvements based on the 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 Counci! 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 the District.
Section 8. Advisory board. An advisory board may be established to develop and
recommend an improvement plan to the City Council oE the City (the "City Council").
The signers of this petition request the establishment of the District and this petition will
be iiled with the City Secretary in support of the creation of the District by the City Council as
herein provided.
[Signature on following page]
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PETITIONERS:
Betenbough Homes, LLC
Chris Berry, L d Planning Manager
THE STATE OF TEXAS
COUNTY OF LUBBOCK
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�KAREN ESTES
N�olery � I�i
W C�mRiia� 6�iN 01,9D,�
On this, the _____,� day of �y, 2Q23, before me, the undersigned Notary
Public, and that he, in such capacity, being duly authorized so to do, executed the foregoing petition
for the purposes therein contained by signing his name in such capacity.
IN WTfNESS WHEREOF, I have hereunto set my hand and official seal.
Notary blic Signature
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EXHIBIT A
DESCRIPTION FOR A
99.584 ACRE TRACT LOCATED IN
SECTION 41, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT N0.185,
LUBBOCK COUNTY, TEXAS
A 99.584 acre tract located in Section 4l, Block AK, E.L. & R.R. RR. Co. Survey, Abstract No.
185, Lubbock County, Texas, being that certain tract of land conveyed to Betenbough Homes,
LLC described in a General Warranty Deed and recorded in County Clerk's File Number (CCFN)
2022057736 of the Official Public Records of Lubbock County, Texas (OPRLC"f}, said 99.584
acre tract being further described by metes and bounds as follows:
1) BEGINNING at a point in the south line of that certain tract of land conveyed to James A. Foy,
Jr. and wife, Ann Smith Foy as described in a Warranty Deed with Vender's Lien recorded in
Volume 4973, Page 192 of the Real Property Records of Lubbock County, Texas, and the north
line of that certain 34.101 acre tract of land conveyed to Don and Jason Sturgeon described as
Tract 5 in a Special Warranty Deed recorded in CCFN 2014001469 of the QPRLCT, for the most
western northwest corner of said 99.584 acre tract, having coordinates of Northing: 7,272,570.01
and Easting 900,236.37 of the Texas Coordinate System of 1983 (2011), Texas North Central
Zone, whence the calculated northwest corner of said Section 41, bears N. 88° 08' S4" W. a
distance of 360.45 feet and N. O l° 51' 15" E. a distance of 2222.83 feet said section corner having
coordinates of Northing: 7,274,802.80 and Easting: 899,948.09 of the Texas Coordinate System
of 1983 (2011), Texas North Central Zone;
2) THENCE S. 88° 08' S4" E., along the south line of said Foy Tract, a distance of 907.91 feet to
a 1/2" iron rod with cap marked "PSC RPLS 6453", found at the southeast corner of said Foy Tract
and an ell corner of said 99.584 acre tract;
3) THENCE N. O1 ° 53' 03" E., along the east line of said Foy Tract, a distance of 913.96 feet to
a 1/2" iron rod, found at the southwest corner of that certain tract of land conveyed to Texas Green,
a Limited Partnership as described in a Warranty Deed with Vendor's Lien recorded in Volume
18b6, Page 515 of the Deed Records of Lubbock County, Texas, and the the most northern
northwest corner of said 99.584 acre tract;
4} THENCE S. 88° 04' 18" E., along the south line of said Texas Green Tract, a distance of
1266.11 feet to a!/2" iron rod with cap marked "HUGO REED & ASSOC.", found in the west
line of that certain tract of land conveyed to Szu Han Ho as described in a Warranty Deed with
Vendor's Lien recorded in CCFN 20070 1 882 1, for the southeast corner of said Texas Green Tract
and the northeast corner of said 99.584 acre tract;
5) THENCE S. Ol ° 55' 39" W., along the west line of said Ho Tract, a distance of 2726.73 feet
to a 1" iron pipe, found in the north line of that certain tract of land conveyed to Lubbock and
Western Railway L.L.C., as described in a Texas Special Warranty Deed recorded in CCFIV
2015029381 of the OPRLCT, being the south common corner of said Ho tract and said 99.584
acre tract, having coordinates of Northing: 7,270,686.80 and Easting 902,347.04 of the Texas
Coordinate System of 1983 (20l 1), Texas North Central Zone;
6) THENCE N. 70° 17' 26" W. along the north line of said Lubbock and Western Railway Tact,
a distance of 2280.94 feet to a I/2" iron rod with cap marked "PSC RPLS 6453", found for the
southeast corner of said Sturgeon Tract and the southwest corner of said 99.584 acre tract;
7) THENCE N. O 1° 51' 26" E. a distance of l 115.00 feet to the POINT QF BEGINNING.
Bearings and coordinates are retative to the Texas Coordinate System of 1983 (20l I), Texas North
Central Zone, as determined by a point of origin located at Northing: 7,277,349.71 and Easting:
902,66a.753. The convergence angle to True North is {-}O1 °54'32.90" and a combined scale factor
of 0.9997611. Distances are at surface, in U.S. Survey feet.
I, Landon Merritt, Registered Professional Land Surveyor, do hereby certify that this description
was prepared from an actual survey of the property and that the information hereon represents the
findings of this survey to the best of my knowledge and belief.
Surveyed Februaty 21, 2023
Landon Merritt
Registered Professional Land Surveyor,
State of Texas, Registration No. 6466
220340 - Cypress Ranch Metes and Bounds
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DESCRIPTION FOR A
99.584 ACRE TRACT LOCATED iN
SECTION 41, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT NU.185,
LUBBOCK COUNTY, TEXAS
A 99.584 acre tract located in Section 4l, Block AK, E.L. & R.R. RR. Co. Survey, Abstract No.
185, Lubbock County, Texas, being that certain tract of land conveyed to Betenbough Homes,
LLC described in a General Warranty Deed and recorded in County Clerk's File Number (CCFN)
2022057736 of the Official Public Records of Lubbock County, Texas (OPRLCT}, said 99.584
acre tract being further described by metes and bounds as follows:
1) BEGINNING at a point in the south line of that certain tract of land conveyed to James A. Foy,
Jr. and wife, Ann Smith Foy as described in a Warranty Deed with Vender's Lien recorded in
Volume 4973, Page 192 of the Real Property Records of Lubbock County, Texas, and the north
line of that certain 34.101 acre tract of iand conveyed to Don and Jason Sturgeon described as
Tract 5 in a Special Warranty Deed recorded in CCFT12014(�1469 of the OPRLCT, for the most
western northwest corner of said 99.584 acre tract, having coordinates of Northing: 7,272,570.01
and Easting 900,236.37 of the Texas Coordinate System of 1983 (2011), Texas North Central
Zone, whence the calculated northwest corner of said Section 41, bears N. 88° 08' S4" W, a
distance of 360.45 feet and N. 01 ° 5 l' I S" E. a distance of 2222.83 feet said section corner having
coordinates of Northing: 7,274,802.80 and Easting: 899,948.09 of the Texas Coordinate System
of 1983 (2011), Texas North Central Zone;
2) THENCE S. 88° 08' 54" E., along the south line of said Foy Tract, a distance of 907.91 feet to
a 1/2" iron rod with cap marked "PSC RPLS 6453", found at the southeast corner of said Foy Tract
and an ell corner of said 99.584 acre tract;
3) THENCE N. O1 ° 53' 03" E., along the east line of said Foy Tract, a distance of 913.96 feet to
a 1/2" iron rod, found at the southwest corner of that certain tract of land conveyed to Texas Green,
a Limited Partnership as described in a Warranty Deed with Vendor's Lien recorded in Volume
1866, Page 515 of the Deed Records of Lubbock County, Texas, and the the most northern
northwest corner of said 99.584 acre tract;
4) THENCE S. 88° 04' 18" E., along the south line of said Texas Green Tract, a distance of
1266.11 feet to a!/2" irott rod with cap marked "HUGO REED & ASSOC.", fonnd in the west
line of that certain tract of land conveyed to Szu Han Ho as described in a Warranty Deed with
Vendor's Lien recotded in CCFN 20070 1 882 1, for the southeast corner of said Texas Green Tract
and the nartheast corner of said 99.584 acre tract;
5) THENCE S. O l° 55' 39" W., along the west line of said Ho Tract, a distance of 2726.73 feet
to a 1" iron pipe, found in the north line of that certain tract of land conveyed to Lubbock and
Western Railway L.L.C., as described in a Texas Special Warranty Deed recorded in CCFN
2015029381 of the OPRLCT, being the south common corner of said Ho tract and said 99.584
acre tract, having coordinates of Northing: 7,270,686.80 and Easting 902,347.04 of the Texas
Coordinate System of 1983 (2011), Texas North Central Zone;
6) THENCE N. 70° 17' 26" W, along the north line of said Lubbock and Western Railway Tact,
a distance of 2280.94 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453", found for the
southeast corner of said Sturgeon Tract and the southwest corner of said 99.584 acre tract;
7) THENCE N. 01 ° 51' 26" E. a distance of t l 15.00 feet to the POINT OF BEGINNING.
Bearings and coordinates are relative to the Texas Coordinate $ystem of 1983 (20l I), Texas North
Central Zone, as determined by a point of origin located at Northing: 7,277,349.71 and Easting:
902,664.753. The convergence angle to True North is {-�1 °54'32.90" and a combined scale factor
of 0.9997611. Distances are at surface, in U.S. Survey feet.
I, Landon Merritt, Registered Professional Land Surveyor, do hereby certify that this description
was prepared from an actual survey of the property ar►d that the information hereon represents the
findings of this survey to the best of my knowledge and belief.
Surveyed February 21, 2023
Landon Merritt
Registered Professional Land Surveyor,
State of Texas, Registration No. 6466
220340 - Cypress Ranch Metes and Sounds
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Cypress Ranch
Public Improvement District
2024 SERVICE AND ASSESSMENT PLAN
December 5, 2023
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City Of
TEXAS
City of Lubbock, Texas
Finance Department
Cypress Ranch Public Improvement District
Service and Assessment Plan
December 5, 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 ................................................................................................................ 7
Listof Exhibits ............................................................................................................................................. 7
Exhibit A- PID Legal Description and Map ........................................................................................................ 8
Exhibit B— Service Plan — Five Year Plan ..................................................................................................11
ExhibitC - Assessment Roll ............................................................................................................................12
Exhibit D— Notice of Obligations Related to Public Improvement District ............................................... 13
1
City of Lubbock, Texas
Finance Department
Cypress Ranch Public Improvement District
Service and Assessment Plan
December S, 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 Cypress Ranch Public Improvement
District (the "PID") to maintain the public improvements associated with the Cypress Ranch
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
Cypress Ranch Public Improvement District
Service and Assessment Plan
December 5, 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 Cypress Ranch 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
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
Exhibit A to the Service and Assessment Plan.
3
City of Lubbock, Texas
Finance Department
Cypress Ranch Public Improvement District
Service and Assessment Plan
December 5, 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 B 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 ExhibitA 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 99.5854 acre development is expected to consist of approximately 563 residential units,
parks 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, of
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
Cypress Ranch Public Improvement District
Service and Assessment Plan
December 5, 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 $12,000 in the first year and increases to
$84,290 in the Sth year, with 3 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 $500,000. 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 Cypress Ranch PID will have no
indebtedness and the PID assessments will fund the maintenance of the public improvements,
operation, and other supplemental services. The table below shows estimated sources and uses
of funds including the projected cost of maintaining the public improvements.
5
City of Lubbock, Texas
Finance Department
Cypress Ranch Public Improvement District
Service and Assessment Plan
December 5, 2023
Service Plan
TAX YEAR
PROPERTY VALUES
Property Values' (Taxable Value)
Discounted Property Values - 90%
FISCAL YEAR REVENUES
Interest
Assessment @ $0.15
Total
FISCAL YEAR EXPENSES
Tract A
Tract B
Tra c[ C
Entry Signs
Public Improvement Projects
Repairs
Electric Cost
Administrative Costs
Annual Operation Cost
Developer Reimbursement
Total
Cash Reserves
`Property Value growth rate = 2% annual ly
"Expensegrowth rate=3Y annually
Pro eded
2023 2024 2025 2026 2027 2028 Totals
0
180,173 180,173 8,933,776 35,362,452 71,069,701 101,016,095 101,016,095
171,164 171,164 8,487,088 33,594,329 67,516,216 95,965,290 95,965,290
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FV 2027-28 FY 2028-29
- - (0) 26 138 1,163 $ 1,326
257 12,731 50,391 301,274 143,948 308,601
257 12,731 50,417 301,412 145,111 $ 309,927
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Totals
$ - - - 10,000 10,300 10,609 $ 30,909
- - - 20,000 20,600 21,218 61,818
- - - - 10,000 10,300 20,300
- - - - 1,000 1,030 2,030
- - - - - 10,000 10,000
- - - - 30,000 10,300 20,300
- - - - 2,500 2,575 5,075
- 5,000 5,000 10,000 10,300 10,609 40,909
7,000 7,000 7,210 7,426 7,649 36,285
11,743 11,743
$ 257 12,000 47,230 72,126 84,290 $ 215,883
$ 0 730 3,937 33,223 94,044 $ 94,044
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 2024 "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 $0.15 per $100 valuation
• All property will be assessed based on the final 2024 "net taxable value".
C:
City of Lubbock, Texas
Finance Department
Cypress Ranch Public Improvement District
Service and Assessment Plan
December 5, 2023
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
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
Exhibit D Notice of Obligations Related to Public Improvement Districts
7
EXHIBIT A
DESCRIPTION FOR A
99.584 ACRE TRACT LUCATED IN
SECTION 41, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT N0.185,
LUBBOCK COUNTY, TEXAS
A 99.584 acre tract located in Section 4l, Block AK, E.L. & R.R. RR. Co. Survey, Abstract No.
185, Lubbock County, Texas, being that certain tract of land conveyed to Betenbough Homes,
LLC described in a General Warranty Deed and recorded in County Clerk's File Number (CCFN)
2022057736 of the Official Public Records of Lubbock County, Texas (OPRLCT}, said 99.584
acre tract being further described by metes and boands as follows:
1) BEGINNING at a point in the south line of that certain tract of land conveyed to James A. Foy,
Jr. and wife, Ann Smith Foy as described in a Warranty Deed with Vender's Lien recorded in
Volume 4973, Page 192 of the Real Property Records of Lubbock County, Texas, and the north
line of that certain 34.101 acre tract of land conveyed to Don and Jason Sturgeon described as
Tract 5 in a Special Warranty Deed recorded in CCFN 2014001469 of the OPRLCT, for the most
western northwest corner of said 99.584 acre tract, having coordinates of Northing: 7,272,570.01
and Easting 900,236.37 of the Texas Coordinate System of 1983 (2011), Texas North Central
Zone, whence the calculated northwest corner of said Section 41, bears N. 88° 08' S4" W. a
distance of 360.45 feet and N. O l° S l' 15" E. a distance of 2222.83 feet said section corner having
coordinates of Northing: 7,274,802.80 and Easting: 899,948.09 of the Texas Coordinate System
of 1983 (2011), Texas North Central Zone;
2) THENCE S. 88° 08' 54" E., along the south line of said Foy Tract, a distance of 407.91 feet to
a 1/2" iron rod with cap marked "PSC RPLS 6453", found at the southeast corner of said Foy Tract
and an ell corner of said 99.584 acre tract;
3) THENCE N. O1 ° 53' 03" E., along the east line of said Foy Tract, a distance of 913.96 feet to
a 1/2" iron rod, found at the southwest corner of that certain tract of land conveyed to Texas Green,
a Limited Partnership as described in a Warranty Deed with Vendor's Lien recorded in Volume
t 866, Page 5 I 5 of the Deed Records of Lubbock County, Texas, and the the most northern
northwest corner of said 99.584 acre tract;
4} THENCE S. 88° 04' 18" E., along the south line of said Texas Green Tract, a distance of
1266.11 feet to a L/2" iron rod with cap marked "HUGO REED & ASSOC.", foand in the west
line of that certain tract of land conveyed to Szu Han Ho as described in a Warranty Deed with
Vendor's Lien recorded in CCFN 20(}7018821, for the southeast corner of said Texas Green Tract
and the northeast corner of said 99.584 acre tract;
5) THEIYCE S. 01 ° 55' 39" W., along the west line of said Ho Tract, a distance of 2726.73 feet
to a 1" iron pipe, found in the north line of that certain tract of land conveyed to Lubbock and
Western Railway L.L.C., as described in a Texas Special Warranty Deed recorded in CCFN
20l5029381 of the OPRLCT, being the south common corner of said Ho tract and said 99.584
acre tract, having coordinates of Northing: 7,270,686.80 and Easting 902,347.04 of the Texas
Coordinate System of 1983 (2011), Texas North Central Zone;
8
EXHIBIT A
6) THENCE N. 70° 17' 26" W. along the north line of said Lubbock and Western Raitway Tact,
a distance of 2280.94 feet to a I/2" iron rod with cap marked "PSC RPLS 6453", found for the
southeast corner of said Sturgeon Tract and the southwest corner of said 99.584 acre tract;
7) THENCE N. 01 ° 51' 2b" E. a distance of ! I 15.00 feet to the POINT OF BEGINNING.
Bearings and coordinates are relative to the Texas Coordinate System of 1983 (2011), Texas North
Central Zone, as determined by a point of origin located at Northing: 7,277,349.71 and Easting:
902,66a.753. The convergence angle to True North is {-}Ol °54'32.90" and a combined scale factor
of 0.9997611. Distances are at surface, in U.S. Survey feet.
I, Landon Merritt, Registered Professional Land Surveyor, do hereby certify that this description
was prepared from an actual survey of the property and that the information hereon represents the
findings of this survey to the best of my knowledge and belief.
Surveyed February 21, 2023
Landon Merritt
Registered Professional Land Surveyor,
State of Texas, Registration No. 6466
220340 - Cypress Ranch Metes and Sounds
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EXHIBIT C
Cypress Ranch PID Projeded Assessment Rofe
LCAD Roll: 10.10.2023
Property Land Market Taxable Estimated
ID Owner Name Owner Address Legal Description Size Value Value Assessment
6305 82ND ST
R347512 BETENBOUGH HOMES LLC LUBBOCK, TX 79424-3681 BLK AK SEC 41 AB 185 TR C2 & D1A AC: 99.5854 99.59 180,173 180,173 $ 270.26
12
EXHIBIT D
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT
DISTRICT
Sec. 5.014. NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT. (a) A person who
proposes to sell or otherwise convey real property that is located in a public improvement district established under
Subchapter A, Chapter 372, Local Government Code, or Chapter 382, Local Government Code, shall first give to the
purchaser of the property the [a] written notice prescribed by Subsection (a-1) or (a-2), as applicable.
(a-1) Except for the notice prescribed by Subsection (a-2), the notice required by Subsection (a) shall be
executed by the seller and must, except as provided by Subsection (b), read as follows:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality or county
levying assessment), TEXAS CONCERNING THE FOLLOWING PROPERTY
(insert property address)
As the [a] purchaser of the real property described above, you are obligated to pay assessments [ar�
��.�] to (insert name of [a] municipality or county, as applicable), Texas, for the costs of a portion of a public
[a�] improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property
within (insert name of public improvement district) (the "District") created under (insert Subchapter A, Chapter 372,
Local Government Code, or Chapter 382, Local Government Code, as applicable).
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS,
WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE
IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID,
COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from (insert name of municipality or county, as
applicable). The exact amount of each annual installment will be approved each year by (insert name of city council
or county commissioners court, as applicable) in the annual service plan update for the district. More information
about the assessments, including the amounts and due dates, may be obtained from (insert name of [t#�e]
municipality or county, as applicable).
Your failure to pay any assessment or any annual installment may result in penalties and interest being
added to what you owe or in a lien on and the foreclosure of your property.
The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding
contract for the purchase of the real property at the address described above.
Date:
Signature of Purchaser
(a-2) For a district described by Section 372.0035, Local Government Code, the notice required by
Subsection (a) shall be executed by the seller and must, except as provided by Subsection (b), read as follows:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality levying
assessment), TEXAS CONCERNING THE FOLLOWING HOTEL PROPERTY
(insert property address)
As the purchaser of the real property described above, you are obligated to pay assessments to (insert
name of municipality), Texas, for the costs of a portion of a public improvement or services project (the "Authorized
Services"j 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 REMITfANCES 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.
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EXHIBIT D
Information about the calculation of the assessment may be obtained from (insert name of the
municipality). The exact assessment rate will be approved each year by (insert name of city council) in the annual
service plan update for the district. More information about the assessments, including the assessment rate and due
dates, may be obtained from (insert name of municipality).
The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding
contract for the purchase of the real property at the address described above.
Date:
Signature of Purchaser
(b) The seller or the municipality or county that created the public improvement district may provide
additional information regarding the district in the notice prescribed by Subsection (a-1) or (a-2), including whether
an assessment has been levied, the amount of the assessment, and the payment schedule for assessments.
(c) This section does not apply to a transfer:
(1) under a court order or foreclosure sale;
(2) by a trustee in bankruptcy;
(3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by
a trustor or successor in interest;
(4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale
conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired
the land by a deed in lieu of foreclosure;
(5) by a fiduciary in the course of the administration of a decedent's estate, guardianship,
conservatorship, or trust;
(6) from one co-owner to another co-owner of an undivided interest in the real property;
(7) to a spouse or a person in the lineal line of consanguinity of the seller;
(8) to or from a governmental entity; or
(9) of only a mineral interest, leasehold interest, or security interest.
(d) For the purposes of this section, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring notice
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