HomeMy WebLinkAboutOrdinance - 2011-O0071 - Valencia Public Improvement District Approving, Adopting And Filing - 08/25/2011First Reading
August 25, 2011
Item No. 6.3
ORDINANCE NO. 2011-ooou
Second Reading
September 8, 2011
Item No. 5.3
AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS
OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND
IMPROVEMENTS OF PROPERTY IN THE VALENCIA PUBLIC IMPROVEMENT
DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND FILING WITH THE
CITY SECRETARY THE ASSESSMENT ROLL; LEVYING 2012 ASSESSMENTS
FOR THE COST OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE
PROVIDED IN THE DISTRICT DURING FY 2012-13; FIXING CHARGES AND
LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE
OWNERS THEREOF; AND PROVIDING FOR THE COLLECTION OF THE
ASSESSMENT.
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act")
allows for the creation of public improvement districts; and
WHEREAS, On July 14, 2011 the City Council passed Resolution No.201 l-
R0310 which made certain findings concerning the advisability of creating the Valencia
Public Improvement District, authorized and created the District' as a public
improvement district under Chapter 372 of the Texas Local Government Code, and
designated the Lubbock City Council as the entity responsible for the management of
and provision of services and improvements to the District; and
WHEREAS, On August 11, 2011, the City Council passed Resolution No.
2011-R0342, approving the Service and Assessment Plan, which will be reviewed and
revised each year when necessary. Exhibit A, attached hereto, contains the 20 l 2
Service and Assessment Plan for the Valencia Public Improvement District, which
includes the Map and Assessment Roll; and
WHEREAS, Chapter 372 of the Texas Local Government Code requires that
the City Council review the Service Plan; prepare a proposed assessment roll and file it
with the City Secretary; and schedule a public hearing to consider the proposed
assessments and receive public comment on an annual basis; and
WHEREAS, after published and mailed notice of the hearing, pursuant to the
Act, a public hearing was held August 25, 2011, to consider objections to the proposed
assessments. The City Council closed the public hearing after receiving property
owner's concerns and comments (both oral and written) on proposed 2012 assessments
within the Valencia Public Improvement District and acted on any objections to
proposed assessments for particular parcels; and
WHEREAS, the City desired by the calling and holding of such public hearing
to provide a reasonable opportunity for any owner of property located in the District to
speak for or against the 2012 assessment rate for a special assessment against real
property and real property improvements exclusive of public rights-of-way, to provide
Valencia PIO Assessment Ordinance
funding for the District for the purpose of supplemental services and improvements;
and
WHEREAS, the City Council desires to review classifications and formulas for
the apportionment of the costs for the services and improvements of the property in the
District, and approve, adopt and file with the City Secretary the proposed Assessment
Roll in Exhibit A; and
WHEREAS, the City Council finds after review that the revised service plan
and assessment plan are feasible and sound and will serve the needs and desires of the
property owners and that the assessment rate of $0.11 per $100.00 of net taxable value
through year 2019, as determined by the Lubbock Central Appraisal District, of the
property or improvements to the property located in the District; are reasonable and
adequate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LUBBOCK, TEXAS:
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 City Council after review of the Service Plan approves
the method of assessing special benefits of services and improvements and the
Service Plan, which is set forth in the Service and Assessment Plan attached and
incorporated herein as Exhibit A. Terms relating to property taxes in this
ordinance shall be used as defined in Section 1.04 of the Texas Property Tax
Code. In accordance with the Service Plan, each property owner in the District
identified for assessments in 2012 receives the same amount of service for the
assessment provided. The proposed method of assessment, which specifies
included or excluded classes of assessable property. is based on the net taxable
value of the real property and real property improvements as determined by the
Lubbock Central Appraisal District in accordance with Chapter 25 of the Texas
Property Tax Code. Public rights-of-way are exempt from assessment.
SECTION 3: The City Council hereby approves, adopts and files with the City
Secretary the Assessment Roll attached to the Service and Assessment Plan
(Exhibit A). The Assessment Roll states an estimate of the assessment against
each parcel of land in the District, as determined by the method of assessment
set forth in the Service plan and this Ordinance. The City Secretary shall file
the Assessment Roll in the official City records. The Assessment Roll shall be
subject to public inspection.
SECTION 4: That the City Council finds that the notice of the City Council's
intention to consider the proposed assessments at a public hearing on August 25,
2011 at 9:30 a.m. in the City Council Chamber, 1625 13th Street, Lubbock,
Valencia PID Assessment Ordinance 2
Texas was published in the official newspaper of the City of Lubbock, Texas
before the l01h day before the date of the hearing. The notice stated: (1) the
date, time and place of the hearing; (2) the general nature of the services and
improvements; (3) the cost of the services and improvements; (4) the boundaries
of the District; and (5) that written or oral objections will be considered at the
hearing.
SECTION 5: That the City Council finds that Lubbock City staff mailed to the
owners of property liable for assessment, notice of the hearing as the ownership
appears on the City tax roll. The notice contained the information required by
the Act. The notice was mailed before the 10th day before the date of the
hearing to the last known address of the property owner on the City tax roll.
The failure of the property owner to receive notice does not invalidate the
proceeding.
SECTION 6: That the City Council finds that the assessments should be made
and levied against the respective parcels of property within the District and
against the owners thereof, and are substantially in proportion to the benefits to
the respective parcels of property by means of the services and improvements in
the District 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 law in force in
this City and the State and in the proceedings of the City heretofore had with
reference to the formation of the District and the imposition of assessments for
said services and improvements are in all respects valid and regular.
SECTION 7: That there shall be and is hereby levied and assessed against the
parcels of property within the District, 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 the final 2012 city net taxable
value in the manner described in the assessment attached hereto in Exhibit A and
made part hereof shown opposite the description of the respective parcels of
property, and the several amounts assessed against the same, and the owners
thereof.
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 in Section 9 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. The lien shall attach on January 1 of each year to the property to
secure the payment of all assessments, penalties, and interest ultimately imposed
Valencia PID Assessment Ordinance 3
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. The
lien is perfected on attachment and perfection requires no further action by the
governing body.
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, 2013 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 of
the amount of the assessment for the first calendar month it is delinquent plus
one percent 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 l incurs a total penalty of twelve
percent 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 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.
SECTION 11: That the assessments herein levied are made and levied under
and by virtue of the terms powers and provisions of the Public Improvement
District Assessment Act, Chapter 372 of the Texas Local Government Code, as
amended.
SECTION 12: That the City may contract with the Lubbock Central Appraisal
District and/or any competent attorney to collect the assessments and to
represent the Valencia Public Improvement District to enforce the collection of
delinquent assessments. The attorney's compensation shall be set in the
contract, but the total amount of compensation provided may not exceed 20
percent of the amount of delinquent assessment, penalty. and interest collected.
as required in Section 6.03 of the Texas Property Tax Code.
Valencia PID Assessment Ordinance 4
AND IT IS SO ORDERED.
Passed by the City Counci l on first reading on ----"-Au_.g ..... u_s_;t---'-2_5 ____ , 2011.
Passed by the City Council on second reading on ___ S~e ..... v-t~em=b_e~r~8~---· 20 l I .
TOM MARTIN , MAYOR
ATTEST:
APPROVED AS TO CONTENT:
Andy Burcham
Chief Financial Officer
APPROVED AS TO FORM:
. ~ c=YC~----_.t&_
Linda L. Chamales.
Economic Development Attorney
Lc:cily ,Ht/Linda/Or<linanccs/Valcncia PID Ordinann, 2012 ,\sscssrncrn
Aug ust 4. 20 11
Va lenc ia PIO Assessment Ordinance 5
Exhibit ·• /\"
I~ . lubH&Ck
TEXAS
Ordinance No. 2011-00071
VALENCIA PUBLIC IMPROVEMENT DISTRICT
CITY OF LUBBOCK, TEXAS
SERVICE AND ASSESSMF:NT PLAN
August 11. 2011
Section I
Section II
Section Ill
Section IV
Section V
Section VI
Exhibit A
Exhibit B
Exhibit C
City of Lubbock, Texas
Finance Department
Valencia Public Improvement District
Service and Assessment Plan
August 11, 2011
TABLE OF CONTENTS
Plan Description and Defined Terms
Property included in the PIO
Improvement Project
Sources and Uses of Funds
Assessment Plan
Terms of the Assessments
List of Exhibits
The PIO Map
Maintenance and Services
Assessment Roll
A. Introduction
City of Lubbock, Texas
Finance Department
Valencia Public Improvement District
Service and Assessment Plan
August 11, 2011
Section I
Plan Description and Defined Terms
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 Valencia Public Improvement
District (the "PID") to maintain the public improvements associated with the Valencia 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,
372.0 I 5 and 372.016 of the PID Act. According to Section 372.0 I 3 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 PI D 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 shall be binding upon the owners of Assessed Property, and their respective transferees,
2
City of Lubbock, Texas
Finance Department
Valencia Public Improvement District
Service and Assessment Plan
August 11, 2011
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 Valencia PID
B. Definitions
The tenns 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 PIO.
"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 PIO Act.
"City" means City of Lubbock, Texas.
"City Council" means the duly elected governing body of the City.
"Costs" mean the actual or budgeted costs, as applicable, of all or any portion of the maintenance
of the public improvements, operation, and other supplemental services, as described in Exhibit
B of this Service and Assessment Plan.
"Developer" means Betenbaugh Homes, Inc.
"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 PIO 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
3
City of Lubbock, Texas
Finance Department
Valencia Public Improvement District
Service and Assessment Plan
August 11, 20 II
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.
"PIO" has the meaning set forth in the second paragraph of Section I.A of this Service and
Assessment Plan.
"PID Act" means Texas Local Government Code Chapter 372, Improvement Districts in
Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended.
"PID Map" means the map included as Exhibit A to the Service and Assessment Plan identifying
the property included in the PID.
"Service and Assessment Plan" means this Service and Assessment Plan prepared for the PIO
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 is
shown on Exhibit A to this Service and Assessment Plan.
The 39.9 acre development is expected to consist of approximately 80 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) maintenance of Parks and green
spaces together with any ancillary structures, features or amenities such as playgrounds, 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 spaces; landscaping,
hardscape and irrigation; and (ii) costs of establishing, administering and operating the District.
The District is to supplement and enhance services within the District, but not replace or supplant
existing City services provided within the District.
The public improvements will be constructed by the Developer with no reimbursement from the
PIO. 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
4
City of Lubbock, Texas
Finance Department
Valencia Public Improvement District
Service and Assessment Plan
August 11, 20 I I
determined that these maintenance activities will be of special benef-it to all the Assessed
Properly within the Pl D.
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 $4,500 in the second year and increases to
$18,774 in the 4th year, with 2 percent annual growth thereafter. The budget for the
maintenance, operation, and other supplemental services will be determined annually by the City
and will be included in a Service Plan Amendment along with amendments to the Assessment
Roll reflecting assessments (the "Maintenance Assessment") based on such budget for
maintenance, operation and necessary supplemental services.
Section IV
Sources and Uses of Funds
Section 3 72.0 I 3 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 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 Valencia PIO will h:.we no
indebtedness and the PIO 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.
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Finance Department
Valencia Public Improvement District
Service and Assessment Plan
August II, 20 II
The sources and uses of funds table is subject to revision each year.
Section V
Assessment Plan
The PIO 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 2012 "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 $0.11 per $100 valuation
• All property will be assessed based on the final 2012 "net taxable value".
Section VI
Terms of the Assessments
The annual assessment for each parcel within the PIO 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.
6
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Or dinance No. 2011-00071
2017 21118 2019
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Property
ID
R301038
R311397
Total
O,l'nerNamc Mailing Address
6305 82nd Street
Real Propeny Resources Inc. Lubb<d. TX 79424
6305 82nd StJccl
Real Property Resources Inc. Lubbock. TX 79424
City of Lubbock, TX
Finance Department
Valencia Public Improvement District Assessment Roll
As of January I, 2011
Exhibit "C"
Exemptions Property Address Legal Description
8701 Milwaukee Avenue BLK AK SEC 28 AB 750 TR
AG Lubbock, TX 79424 A2 OF NW/3 ACS: 36.7685
6301 82nd Stn:et4B
AG Lubbock, TX 79424 Spectra Lubbock Southwest L4B
Ordinance No. 2011-00071
2011 2011 2012
Prdiminary Preliminary Estimated
Market Value Tasablt Value Assessment
$ 367,685 IJ.939 404.45
670,158 869 737.17 s 1,037.843 12,808 1,142
• Estimated assessment ror 2012 is based on Preliminary 2011 Markel Value. The propeny has been classified for Ag Use in previous years. but will not be once it is developed.
1/4/2011, Page I of J
Service and Assessment Plan Exhibit C