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HomeMy WebLinkAboutOrdinance - 2024-O0009 - 2024 Assessment Rate For The Cypress Ranch PID - 01/23/2024First Reading January 9, 2024 Item No. 7.3 ORDINANCE NO. 2024-00009 Second Reading January 23, 2024 Item No. 6.6 AN ORDINANCE ADOPTING A SERVICE PLAN FOR THE CYPRESS RANCH 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 CYPRESS RANCH PUBLIC IMPROVEMENT DISTRICT, AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR VARIOUS CLASSES OF IMPROVEMENTS OF PROPERTY WITHIN THE CYPRESS RANCH PUBLIC IMPROVEMENT DISTRICT; APPROVING, ADOPTING, AND FILING WITH THE CITY SECRETARY OF THE CITY OF LUBBOCK, TEXAS AN ASSESSMENT ROLL FOR THE CYPRESS RANCH PUBLIC IMPROVEMENT DISTRICT; AND, LEVYING THE ASSESSMENT FOR THE CYPRESS RANCH 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 CYPRESS RANCH PUBLIC IMPROVEMENT DISTRICT AND AGAINST THE OWNERS OF PROPERTY WITHIN THE CYPRESS RANCH 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 WHEI2EAS, through Resolution No. 2023-R0589 the City Council of the City (the "Council") authorized the Cypress Ranch Public Improvement District (the "PID"); established the boundaries of the PID; approved the estimated costs, method of assessment, and apportionment of costs for the PID; and, created the initial advisory board for the PID; and WHEREAS, through Resolution No. 2023-R0601, the Council directed City staff to: (1) prepare a Service Plan for the PID according to the Act with such Service Plan covering a period of at least five (5) years, defining the annual indebtedness of the PID, projecting the costs for improvements in the PID, and including an assessment plan for the PID; (2) prepare an assessment roll for the PID that states the assessment against each parcel of land in the PID, with such proposed assessment roll to be filed with the municipal secretary and being made available for public inspection; (3) send and publish notice of a public hearing according to the Act concerning the Service Plan; and WHEREAS, City staff has prepared a Service Plan for the PID according to the Act, prepared an assessment roll for the PID, and has sent and published notice of a public hearing to be held at two o'clock in the afternoon (2:00 PM), Tuesday, January 9, 2024, in the City Council Chambers, 1314 Avenue K, Lubbock, Texas, to consider the proposed apportionment and assessment for the PID; and WHEREAS, at the adjournment of the public hearing the Council desires to hear and pass on any objections to the proposed assessment for the PID and, through this Ordinance, to establish reasonable classifications and formulas for the apportionment of the costs for the services and improvements of the PID between the City and the PID, to approve, adopt, and file with the City Secretary the Service Plan for the PID that includes an assessment plan and assessment roll for the PID, and to levy an assessment as a special assessment on the property within the PID; and NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: THAT the Council has reviewed the Service Plan for the PID, which is attached to this Ordinance as "Exhibit 1", and finds that it: covers a period of at least five (5) years; defines the annual indebtedness of the PID; estimates the costs for improvements in the PID; and, includes an assessment plan for the PID. SECTION 3: THAT the Council hereby finds that the assessment rate provided in the Service Plan for the PID is feasible and sound and will serve the needs and desires of the property owners within the PID, and the Council hereby adopts the assessment rate of fifteen cents ($0.15) per one hundred dollars ($100) of net taxable value for tax year 2024, as determined by the Lubbock Central Appraisal District, of the property or improvements to the property located in the PID. SECTION 4: THAT the Council finds that the assessment plan included in the Service Plan for the PID provides for the apportionment of the cost of improvements to be assessed against the property within the PID on the basis of special benefits accruing to the property within the PID because of the improvements, and the Council hereby establishes the reasonable classifications and formulas for the apportionment of the costs between the City and the PID and the methods of assessment of the special benefits for the various classes of improvements within the PID as such classifications, formulas, and methods are provided for in the assessment plan. SECTION 5: THAT the Council hereby approves, adopts, and files with the City Secretary the assessment roll that is attached to this Ordinance as "Exhibit 2", with such assessment roll stating an estimate of the assessment to be levied against the property within the PID, and with the City Secretary filing the assessment roll in the official records of the City and being subject to public inspection. SECTION 6: THAT the Council finds that the assessments should be made and levied against the property within the PID and against the owners thereof, and that such assessments are in proportion to the benefits to the property by means of the services and improvements in the PID for which such assessments are levied, and further finds that in each case the property assessed is specially benefited by means of the said services and improvements of the District, and further finds that the apportionment of costs of the services and improvements is in accordance with the Act. SECTION 7: THAT there is hereby levied and assessed against the parcels of property within the PID, and against the real and true owners thereof, whether such owners be correctly named or not, the sums of money calculated by applying the assessment rate to in the manner described in the assessment plan and assessment roll. SECTION 8: THAT the several sums above mentioned and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate per annum established herein, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a first and prior lien against the property assessed, superior to all other liens and claims except liens and claims for ad valorem taxes and is a personal liability of and charge against the owners of the property regardless of whether the owners are named; and, with such lien being attached on January 1 of each year to the property to secure the payment of all assessments, penalties, and interest ultimately imposed for the year on the property, whether or not the assessments are imposed in the year the lien attaches and shall be effective until the assessment is paid; and, with such lien being perfected on attachment requiring no further action by the Council. SECTION 9: THAT the assessments levied herein shall be due and payable in full on receipt of the assessment bill and are delinquent if not paid by January 31, 2025 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`) calendar month it is delinquent plus one percent (1%) for each additional month or portion of a month the assessment remains unpaid prior to July 1 of the year in which it becomes delinquent. However, an assessment delinquent on July 1 incurs a total penalty of twelve percent (12%) of the amount of the delinquent assessment without regard to the number of months the assessment has been delinquent. A delinquent assessment continues to incur the penalty provided by this Section as long as the assessment remains unpaid, regardless of whether a judgment for the delinquent assessment has been rendered. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof, including costs and attorney's fees, shall be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the governing body under Chapters 31, 32 and 33 of the Texas Property Tax Code. The owner of the assessed property may pay at any time the entire assessment on any lot or parcel, along with any interest and penalty that has accrued on the assessment. SECTION 10: THAT all assessments herein levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. AND IT IS SO ORDERED. Passed by the City Council on first reading on January 9 , 2024. Passed by the City Council on second reading on January 23 , 2024. ATTEST: Courtney Paz, ity Secre ary APPROVED AS TO CONTENT: Blu Koste ich, Chief �inancial Officer APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney ccdocslORD. Economic Development Cypress Ranch P1D — Service Plan, Assessment Role, and Levy O l -09-24 Exhibit 1 Cypress Ra nch Public Improvement District 2024 SERVICE AND ASSESSMENT PLAN December 5, 2023 ' u City Of �C 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 111: 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 � City of Lubbock, Texas Finance Department Cypress Ranch Public Improvement District Service and Assessment Plan December 5, 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 ExhibitA to the Service and Assessment Plan. 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 e 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 Iot 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 5th 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. S 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 VEAR REVENUES I nteres t Assessment @ 50.15 Total FISCAL YEAR EXPENSES Tra ct A Tract B Tract C Entry Signs Public Improvement Projects Repa i rs Electric Cost Administretive Costs Mnual Operation Cost Developer Reimbursement Total Cash Reserves 'Properry Va lue grow[h rate = 2% annually "'Expense growth rate = 3% annua I ly Pro ected 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 FV 2026-27 FY 2027-28 FY 2028-29 - - (0) 26 138 1,163 $ 1,326 257 12 731 50 391 101,274 143,948 308 601 257 12 731 50 417 301 412 145 111 $ 309 927 FY 2023-24 FY 2024-25 FV 2025-26 FY 2026-27 FV 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 - - - - 10,000 10,300 20,300 - - - 2,500 2,575 5,075 - 5,000 5,000 30,000 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 4�,210 72,126 84,290 $ 215,883 $ 0 730 3 937 33 223 94 044 5 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". � 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 CI EXHIBIT A DESCRIPTION EOR A 99.584 ACRE TRACT LOCATED iN SECTION 41, BLOCK AK, E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO.185, LUBBOCK COUNTY, TEXAS A 99.584 acre tract located in Section 4l, Block AK, E.L. & R.R. RR. Co. Survcy, Abstract No. 185, Lubbock County, Texas, being that certain tract of lartd 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 nocth 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' 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 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 l/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 2007018821, for the southeast corner of said Texas Green Tract and the northeast corner of said 99.584 acre tract; 5) THENCE 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 CCFIV 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 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. O1 � 51' 26" 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 determinecf by a point of origin located at Northing: 7,277,349.7! 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 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 Bounds 9 � N O N � � � � �m � � � H H � � � � � N O lL �n � F� i� �� 7� �� �� �; �� ��� a}�� d�. i. ���c i�� ZQ � o� � J Y U O m O J � � U f6 � 0 � U� �O V� ` � � C f0 a C NC G N 4! N Q � x r � r � d d £ u m � ~ � f0a vi m � � = J � d W O � � � = a �p O � � a` li � N N t u � 10 � N N N a v c 10 a c W E N N Q G1 7 f0 > O1 � X N Y N C � N 0 N C � O � w Y � � L � �, > � O � O � � N N � � � � � .--� "C O N � N N � � � _ � �3 � N — �- �0 3 � �c ai E n N v c_ a a . « O lD N � �/1 O lD .-I P Ol a0 O O O O u1 01 U1 M M � 01 O� N O N O.--i O M O O I� O 00 � OO O N M�O 01 01 00 M O O M O O� N 1� 0p O � t0 V1 .--� 00 01 =� O.--i O N O O v1 O�O .--� �/f tY �0 �--I lD O O � M l0 N r1 N � M e-1 rl 01 � O O� t+1 M � `-' N � �-1 V1 � O G� L! 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Q j O > a m � � T � > a °1 'o � � O vui f- a n. 0 c f0 a u .� � H W Z � W � � O W � � � o� W N y«�E J � N N Vf `• ,� O LL � Q 1- N � C '0 0/ � � � W d vYf � V1 �, �n O N Z C +' U � W � O C � X � U O � W 0/ � �a+ > > � 'v at o � ;�. v � a '^ Q O � C. � } on � v N O p_ gamv�„� �:c�oo �p a+ 7 y u u u�' � Q u E c> H LL � �--� � W d � W Q Q 0 �o 0 �- > � � c �, c — m � � � N C C II fp Y 0 ` m L n �� Y O � L � L 3 GJ 7 �� 00 > N �' N v c � a. a � � w f0 n. iE v. + O � � � n w E 0 x 0 0 0 O O rl N � d a c 0 � w C « C W � � N Q l"� e�l EXHIBIT C Cypress Ranch PID Projected Assessment Role LCAD Roll: 10.30.2023 Property Land Market Taxable Estimated ID Owner Name OwnerAddress 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 & OlA 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 [a�► �,�] 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 FULLATANYTIME. 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 DISTRICTASSESSMENTTO (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 WHATYOU OWE, AND MAY INCLUDE THE PURSUIT OF ANY OTHER REMEDYTHAT IS AUTHORIZED UNDER SECTION 372.0035(d), LOCAL GOVERNMENT CODE. 13 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. 14 EXHIBIT 2 Cypress Ranch PID Projected Assessment Role LCAD Roll: 30.30.2023 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 794243681 BLK AK SEC 41 AB 185 TR Q& D1A AC: 99.5854 99.59 180,17 180,173 $ 270.26