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Home My WebLink AboutOrdinance - 2019-O0167 - Service Plan For Upland Crossing PID - 12/03/2019 First Reading Second Reading November 19, 2019 December 3, 2019 Item No. 7.1 Item No. 7.10 ORDINANCE NO. tot 9-oo 1 F7 AN ORDINANCE ADOPTING A SERVICE PLAN FOR THE UPLAND CROSSING PUBLIC IMPROVEMENT DISTRICT, WITH SUCH SERVICE PLAN INCLUDING AN ASSESSMENT PLAN FOR SAID PUBLIC IMPROVEMENT DISTRICT; ESTABLISHING REASONABLE CLASSIFICATIONS AND FORMULAS FOR THE APPORTIONAMENT OF THE COST BETWEEN THE CITY OF LUBBOCK, TEXAS AND THE UPLAND CROSSING PUBLIC IMPROVEMENT DISTRICT, AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR VARIOUS CLASSES OF IMPROVEMENTS OF PROPERTY WITHIN THE UPLAND CROSSING PUBLIC IMPROVEMENT DISTRICT; APPROVING, ADOPTING, AND FILING WITH THE CITY SECRETARY OF THE CITY OF LUBBOCK, TEXAS AN ASSESSMENT ROLL FOR THE UPLAND CROSSING PUBLIC IMPROVEMENT DISTRICT; AND, LEVYING THE ASSESSMENT FOR THE UPLAND CROSSING 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 PUBLIC IMPROVEMENT DISTRICT AND AGAINST THE OWNERS OF PROPERTY WITHIN THE UPLAND CROSSING 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. 2019-RO375 the City Council of the City (the "Council") authorized the Upland Crossing 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. 2019-R0391, 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 four thirty in the evening (4:30 PM), Tuesday, November 19, 2019, in the City Council Chambers, 1625 13th Street, 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 I", 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 PTD 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 2020, 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, 2021 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 (I") calendar month it is delinquent plus one percent (I%) 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 November 19 , 2019. Passed by the City Council on second reading on Dece,nh .r 3 , 2019. L/�=A� DANIEL M. POPE, MAYOR ATTEST: /Z 0 A P 'P J-.., =n- e e ca Garza, City Secretat APPROVED AS TO CONT T: Brianna Gerardi, Director o Busit ss Development APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney ecdocs/ORD.Economic Development—Upland Crossing 1111)—Service Plan.Assessment Role,and Levy 11.05.19 EXHIBIT 1 Upland Crossing PID Proposed Method of Assessment Properties will be assessed based on the City's 2020"net taxable value"as established by the Lubbock Central Appraisal District and submitted to the City under Tax Code Section 26.04. It Assessment rale will be$0.151$100 valuation All property will be assessed based on the final 2020"net taxable value". Upland Crossing Proposed PID Service Plan PROPOSED TAX YEAR 2019 2020 2021 2022 2023 2024 Totals PROPERTY VALUES Estimated o of Homes Closed 100 125 1.50 125 500 Property Values`(Taxable Value) 121,3,19 800,000 15,816,000 34,882,320 58,079,966 77,991,566 77,991,566 Discounted Property Valucs 121,349 720,000 14,234,400 31,394,088 52,271,970 70,192,409 70,192,409 FISCAL YEAR REVENUES FY 2019-20 FY 2020.21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Interest S - - - 359 1,366 1,606 3,331 0.15 Assessment @$0.15 1,080 21.352 47,091 78,408 105,289 253,219 Total is 1,080 21,352 47,450 79,773 106,895 256,550 FISCAL YEAR EXPENSES FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Park 1 6 acre Playn park with appm 3 acres landscaped(with I acre of tvger) S - - 48,000 48,960 96,960 Park 2 pocket park SW side along"Spine" - - - 9,600 9,792 19,392 signage Neighborhood Entry Signs - - - 1,000 1,020 2,020 Allev Fences, Fences that separate an alley adjacent to a street - - - 1.000 1,020 2,020 Electric Cost for nark liehtine and irritation Proposed parks I and 2 - - - 3,180 3,244 6,424 Administrative Casts 1,000 3,000 3,060 3,121 3,184 13,365 Annual Onerntion Cost 1,000 3,700 4,000 4,120 4,244 4,371 21,435 (2019 is only the cost of setline 2021 assessment) Develop er Fnn d in a of Costs (1,000) (3,620) (4,620) Total S - 11080 7,000 7,180 70,145 71,590 156,995 Casks Reserves S - 14,352 54,622 64,250 991555 99,555 *Property Value grmvth rate=2%annually -Expense growth rate=2%annually ASSESSMENT INFORMATION 2020-2024 Assessment per S100,000 S 150.00 S:\Business-Development\Public Improvement Districts\Upland Crossing\Creation\07-Assessment Ordinance\Upland Crossing PID Proposed Service and Assessment Plan 11.1.19 City of Lubbock,TX Finance Department Upland Crossing PID Projected Assessment Roll EXHIBIT 2 2019 Estimated Property 2019 Market Taxable Projected 2020 2020 DgffilwrAame,'�l Address Legal Description Value Value Taxable Value Assessment R107874 STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 ELK AK SEC 42 AB 851 TR C5B 28,728 28,728 28,728 $ 43.09 LUBBOCK,TX 79424 AC:12.562 R111447 STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 WILDERLAND PARK L 1 3,100 3,100 3,100 4.65 LUBBOCK,TX 79424 R111535 STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 WILDERLAND PARK L 2 3,150 3,150 3,150 4.73 LUBBOCK,TX 79424 R111609 BETENBOUGH HOMES LLC 6305 82ND ST 3202 VIOLA AVE, WILDERLAND PARK L 3 2,850 2,850 2,850 4.28 LUBBOCK,TX 79424-3681 LUBBOCK,TX 79407 R111743 STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 WILDERLAND PARK L4 3,200 3,200 3,200 4.80 LUBBOCK,TX 79424 R111817 STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 WILDERLAND PARK L 5 3,150 3,150 3,150 4.73 LUBBOCK,TX 79424 R111887 STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 WILDERLAND PARK L 6 3,200 3,200 3,200 4.80 LUBBOCK,TX 79424 R120694 STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 BLK AK SEC 42 AB 851 TR CS 52,596 8,953 50,000 75.00 LUBBOCK,TX 79424 AC:51.161 R87881 STOREHOUSE LAND CO LLC 6305 82ND ST 2602 UPLAND AVE, BLK AK SEC 42 AB 1264 TR Dl 658,935 65,018 622,622 933.93 LUBBOCK,TX 79424 LUBBOCK,TX 79407 &TR D3 AC:131.787 759,009 121,349 720,000 $ 1,080.00