HomeMy WebLinkAboutResolution - 2020-R0064 - Interlocal Agreement With LCAD - Upland Crossing PID Assessments - 02/25/2020 Resolution No. 2020-R0064
Item No. 7.3
February 25, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, an Interlocal Agreement for the Collection of Assessments
Levied on Property Within the Upland Crossing Public Improvement District, by and between the
City of Lubbock and Lubbock Central Appraisal District of Lubbock, Texas, and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on February 25, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Reb
��a, City Seer Lary
APPROVED AS TO CONTENT:
01
D. u Kost ich, Chief Financial Officer
APPROVED AS TO FORM:
K 11i Leisure,Assistant City Attorney
ccdocs/RES.Interlocal Agreement-LCAD, Upland Crossing Public Improvement District
1.31.20
Resolution No. 2020-R0064
INTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS LEVIED
ON PROPERTY WITHIN THE UPLAND CROSSING PUBLIC IMPROVEMENT
DISTRICT
This Interlocal Agreement for the Collection of Assessments Levied on Property Within the
Upland Crossing Public Improvement District(this"Agreement")is trade by and between the City
of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the "City"), and the
Lubbock Central Appraisal District, (the "LCAD") (each a"Party"and collectively the"Parties"),
for the collection of assessments levied within the Upland Crossing Public Improvement District
of the City of Lubbock (the "PID") pursuant to the authority granted by, and in compliance with,
the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and
the provisions of Chapter 372 of the Texas Local Government Code (the"Act").
RECITALS
WHEREAS, on October 8, 2019 the City Council of the City (the "Council") passed Resolution
2019-RO375 according to the Act, and designated the Council as the entity responsible for the
management and provision of services to the PID,with such Resolution attached to this Agreement
as "Exhibit A" ; and
WHEREAS, on December 3, 2019, the Council passed Ordinance 2019-00167, approving the
Service Plan for the PID, with such Service Plan attached to this Agreement as "Exhibit B" ; and
WHEREAS,the Council levied assessments for 2020 in accordance with the Service Plan; and
WHEREAS, the Act requires that the Council annually review the Service Plan, prepare and file
a proposed assessment roll with the City Secretary, schedule a public hearing and receive public
comment on the proposed assessments to be levied on the property within the PID, and levy
assessments according to the Service Plan; and
WHEREAS, the Council desires to enter into a contract with LCAD to provide all the services
necessary for the collection of assessments levied by the Council against the property within the
PID and to deposit such assessments with the City for the benefit of the PID; and
WHEREAS,LCAD is able and willing to perform said assessment collection services and desires
to enter into a contract with the City for the collection of assessments levied on property within
the PID; and NOW THEREFORE,the Parties agree as follows:
AGREEMENT
ARTICLE I: RECITALS AND EXHIBITS MADE A PART OF AGREEMENT
The representations, covenants, and recitations set forth in the foregoing Recitals are material to
this Agreement and are hereby incorporated into and made a part of this Agreement as thougll they
were fully set forth in this Article 1. "Exhibits A and B" attached hereto are incorporated into this
Agreement as if fully set forth herein.
City of Lubbock&Lubbock Central Appraisal District—Upland Crossing PID Assessment Collection Agreement
FOR LOAD: FOR CITY:
C
Lero M4oy?, hairman, Boar of Daniel M. Pope, Mayor
Directors
FOR LCAD: ATTEST:
Bo by McQueen, Secretary, Board of BeckGarza, City Secre ry
Directors
AS TO CONTENT:
D. Blu Kost rch, Chief Financial Officer
AS TO FORM:
411i Leisure, Assistant City Attorney
City of Lubbock&Lubbock Central Appraisal District—Upland Crossing PI D Assessnunt Collection Agreement
ARTICLE II: RESPONSIBILITIES OF LCAD
(a) LCAD, acting by and through its duly authorized officers, does hereby agree to perform all
calculation and collection services on behalf of the PID pursuant to the Act and City Ordinance
2019-00167, and to forward said funds to the City for deposit into a fund designated for
assessments levied on property within the PID (the "PID Fund").
(b) LCAD agrees to identify the properties within the PID liable for assessment and to calculate
the assessment due to the PID based on the City's 2020 net taxable value as determined by
LCAD for each property designated to be assessed under Ordinance 2019-00167.
(c) LCAD will send assessment bills to each affected property owner within the PID prior to
November 15,with such assessment bills due the following January 31. On or before March 1
of each year, and again prior to May 1, LCAD will calculate the amount of assessments
collected from property owners within the PID,and such amount shall be forwarded to the City
for deposit into the PID Fund.
ARTICLE III: RESPONSIBILITIES OF THE CITY
(a) The City shall provide to LCAD the following documents:a certified copy of Ordinance 2019-
00167; a list of the properties within the PID, identified by legal description and appraisal
district account number, designated for assessment under current and fixture assessment
ordinances; and, the name and phone number of a designated City official to be included on
the annual assessment bill for the purpose of answering questions concerning the assessment
contemplated under this Agreement.
(b) The PID, acting by and through its Board of Directors and the Council, does hereby agree to
pay to LCAD as compensation for services rendered pursuant to this Agreement,for all parcels
within the PID, an amount equal to the cost per parcel for all other cities and independent
school districts as calculated in the AGREEMENT FOR ASSESSMENT AND COLLECTION
OF TAXES between the City and LCAD or one quarter('/a)of one percent(I%) of the annual
collection budget of LCAD, whichever is greater.
(e) The compensation considered in Article III (b) shall be deducted by LCAD from the total
annual PID assessment collected prior to the collected funds being forwarded to the City for
deposit. Such deduction in the total annual amount of annual collected assessment shall include
a notation of the amount deducted and all relative documentation.
ARTICLE IV: COLLECTION OF DELINQUENT ASSESSMENTS
LCAD may contract with any competent attorney to assist in the collection of delinquent
assessments on behalf of the City acting for the PID. The attorney's compensation shall be set in
the contract, but the total amount of compensation provided to the attorney may not exceed the
amount authorized in Section 6.03 of the Texas Property Tax Code. Said compensation shall be a
deduction in the total annual amount of annual collected assessment and shall include a notation
City of Lubbock&Lubbock Central Appraisal District—Upland Crossing PID Assessment Collection Agreement
of the amount deducted and all relative documentation.
ARTICLE V: TERM
The term of this Agreement shall be for a period of one (1)year,from the date of execution of this
Agreement(the"Term"). The Term may be extended through a writing signed by the Parties that
incorporates identical provisions laid out in this Agreement(an"Extension").
ARTICLE VI: TERMINATION
(a) This Agreement shall not be terminated for convenience by either Party during the Term or
any Extension.
(b) Upon the breach of any of the provisions contained in this Agreement,the non-breaching Party
may terminate this Agreement after giving sixty(60)days written notice to the breaching Party.
(c) In the event of early termination provided for in section (b) of this Article, LCAD shall
immediately forward to the City any and all funds collected before termination in accordance
with Articles II and IV of this agreement.
ARTICLE VII: NOTICE
Whenever notice of any kind is authorized or required to be made under this Agreement, such
notice shall be given by United States registered or certified mail, postage prepaid, return receipt
requested and addressed to the Parties as set out below, or to such other address as may hereafter
be designated:
UPLAND CROSSING PUBLIC IMPROVEMENT DISTRICT LUBBOCK CENTRAL APPRAISAL DISTRICT
CITY OF LUBBOCK CHIEF APPRAISER,LCAD
P.O.Box 2000 P.O.Box 10542
162513TH STREET 2109 Avenue Q
LUBBOCK,TEXAS 79457 LUBBOCK,TEXAS 79408
ARTICLE VIII: AMENDMENTS
This Agreement constitutes and expresses the entire arrangement between the Parties and shall not
be amended or modified except by written instruments signed by both Parties.
SIGNATURES
IN WITNESSEOF, the Parties hereby execute this Agreement by their duly authorized
representatives on 2020.
City of Lubbock&Lubbock Central Appraisal District—Upland Crossing PID Assessment Collection Agreement
Exhibit A—Resolution Creating the Upland Crossing Public Improvement District
City of Lubbock&Lubbock Central Appraisal District—Upland Crossing P[D Assessment Collection Agreement
Exhibit A
Resolution No. 2019-RO375
Item No. 7.2.1
October 8,2019
A RESOLUTION OF THE CITY OF LUBBOCK,TEXAS, APPROVING AND
AUTHORIZING THE CREATION OF THE UPLAND CROSSING 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: the acquisition or construction of drainage
facilities or improvements; the design, construction, and maintenance of parks and
greenspace, fences,ponds, together with any ancillary structures, features, or amenities such
as playgrounds, splash pads, pools, athletic facilities, pavilions, community facilities,
irrigation,walkways,lighting,benches,trash receptacles,community signage,and any similar
items located therein, along with all necessary grading, drainage, and similar infrastructure
involved in the maintenance of such parks and greenspace; landscape, hardscape, and
irrigation;and,the costs of establishing,administering,and operating the public improvement
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
s
f
WHEREAS,the Petition covers property within an area generally bounded by 26'h Street on
the north,34"Street on the south,Upland Avenue on the east,and Yuma Avenue on the west,
with such property being the development known as Upland Crossing, 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 (IP) 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
Exhibit A
WHEREAS, the public hearing was convened at the time and place mentioned in the
published notice, on the eighth (8'b) day of October, 2019, at four thirty (4:30) p.m., at Fire
Station 16 located at 4030 11411 Street, 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 Upland Crossing
Public Improvement District has been properly called, held, and conducted and that
notice of such hearing has been published and mailed as required by law and delivered
to the current address of the owners of property subject to assessment under the Upland
Crossing Public Improvement District;and
(b)That authorization of the Upland Crossing Public Improvement District with
boundaries depicted and described in "Exhibit 2" is advisable and will result in
benefits to the City, its residents, and the property owners in the Upland Crossing
Public Improvement District for the general purpose of financing improvements and
services related to: the acquisition or construction of drainage facilities or
improvements; the design, construction, and maintenance of parks and greenspace,
fences, ponds, together with any ancillary structures, features, or amenities such as
playgrounds, splash pads, pools, athletic facilities, pavilions, community facilities,
irrigation,walkways,lighting,benches,trash receptacles,community signage,and any
similar items located therein, along with all necessary grading, drainage, and similar
infrastructure involved in the maintenance of such parks and greenspace; landscape,
hardscape,and irrigation; and, the costs of establishing, administering, and operating
the public improvement district;and
Exhibit A
(c)That the total estimated cost of services and improvements to be paid by the
assessment generated within the Upland Crossing Public Improvement District
through Fiscal Year 2024-25 is approximately one hundred fifty-six thousand nine
hundred and ninety five dollars ($156,995) (the "Costs"), with such Costs being
described in"Exhibit 3"attached to and made a part of this Resolution;and
(d)That the Casts will be paid by the proposed assessment rate of fifteen cents($0.15)
per one hundred dollars ($100) of valuation of property within the Upland Crossing
Public Improvement District through Fiscal Year 2024-25, with such proposed
assessment being described in"Exhibit 3";and
(e)That as to the apportionment of the Costs between the Upland Crossing Public
Improvement District and the City, all the Costs will be paid by the Upland Crossing
Public Improvement District through assessments on the property within the
boundaries of the Upland Crossing Public Improvement District.
SECTION 3: THAT subject to Chapter 372 of the Texas Local Government Code,the City
Council hereby authorizes a public improvement district over the area depicted and described
in"Exhibit 2"and such public improvement district shall be identified as the Upland Crossing
Public improvement District,City of Lubbock,Texas.
SECTION 4: THAT the City Council hereby creates the Upland Crossing Public
improvement District Advisory Board for the Upland Crossing Public improvement District.
The Upland Crossing Public Improvement District Advisory Board shall act as an advisory
board of the City of Lubbock, and shall initially be composed of five (5) members, each of
whom will represent a developer of the property within the Upland Crossing Public
Improvement District. The Upland Crossing Public Improvement District Advisory Board
shall follow any and all rules,regulations,policies,and procedures related to City of Lubbock
advisory boards and the Criteria and Guidelines for Public Improvement Districts.The initial
members of the Advisory Board for the Upland Crossing Public Improvement District shall {
serve a two(2)year term.The City Council may extend the term of the initial governing board �
beyond two(2)years.The initial Advisory Board of the Upland Crossing Public Improvement {
District will provide recommendations to the City Council on all matters related to the initial
development of the Upland Crossing Public Improvement District, including matters related
to the Costs and to the assessments on properties located within the Upland Crossing Public
Improvement District. Upon the end of the term of the initial Advisory Board members of the
Upland Crossing Public Improvement District, an election will be held for the Upland
Crossing property owners to vote on each of the five seats. Once an election has taken place,
the City Council will appoint the members of the Upland Crossing Public Improvement
District Advisory Board. The PID Board shall adopt and be governed by a set of bylaws that,
among other things,direct the PID Board as to its membership, its purpose,and its procedure
for conducting business related to the Upland Crossing Public Improvement District.
SECTION S: THAT the notice of this authorization for the Upland Crossing Public
Improvement District shall be published in a newspaper of general circulation within the City
of Lubbock,Texas and Lubbock County,Texas.
Exhibit A
SECTION 6: 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 8th day of October ,2019.
DANIEL M.POPE,MAYOR
ATTEST:
4Re a Garza,City Secre
APP VED AS TO CONTEN
6 % J�.
alnIna
Brianna Gerardi, Director o sine Development
APPROVED AS TO FORM:
Amy Si , D ty 2ty Attorney
Exhibit A
.; Exhibit 1
CITY OF LUBBOCK
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATE TO COPY OF PUBLIC RECORD
I hereby certify,in the performance of the functions of my office,that all signatures
on the auadied document have been verified and that the same constitutes record owners
of taxable real property representing more than fifty percent(500%)of the appraised value
of the taxable real property liable for assessment under the proposal(as detemtined by the
current roll of the Appraisal District, August 14, 2019) in the area known as Upland
Crossing,as shown on the attached map,petitioners own 1009'0 of the value,AND that the
petition must be signed by the record owners of property that constitute more than fifty
percent (509'0) of the number of record owners or the record owners of more than fifty
percent(50%)of the area within the PID,the petitioners own 100%of the total area within
the proposed Upland Crossing PID;said documents appear of record in my office and that
said documents are an official record from the public office of the City Secretary of the
City of Lubbock,Lubbock County,State of Texas,and is kept in said office.
I further certify that I am the City Secretary of the City of Lubbock, that I have
legal custody of said record, and that I am a lawful possessor and keeper and have legal
custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of
said office the 201'day of August,2019.
(City seal)
Rebec4 Garza
City sawm
City of Lubbock
Lubbock County,State of Texas
Exhibit A
Exhibit 1
e
City of
Lub o
TEXAS
Auoiz,�16,2819
To: Becky Garza,City Secretary
From: Cheryl Brock,Executive Director of Financial Planning and Analysis 06
Sally Still Abbe,Director of GIS and Data Services
CC: Blu Kostellch,Chief Financial Officer
Re: Upland Crossing Public improvement District Petition
Recently, the City of Lubbock received petitions Vrom Property Owners requesting the City of Lubbock
establish a(public improvement District(PID)for the proposed Upland Crossing development sheen on
the attached reap.PID establishment can only be Initiated by a petition of property owners who meet tt1ro
tests outlined in the state statute.
The first test is that the petition is sufficient If signed by the owners of taxable real property representing
more than 50%of the appraised value of the taxable real property liable for assessment by the current
roll of the appraisal district(August 14,2019). Since the petitioners,Storehouse Land Company LLC and
Betenbough Homes LLC,own 1W%percent of the taxable real property value within the boundary,the
petition passes the value test.
The second test Is thatthe petition must be signed bythe record owners of property that constitute more
than SO%of the number of record owners 9E the record owners of more than 50%of the area within the
PID.The petitioners own 100%percent of the total area within the proposed Upland Crossing PID area so
they pass the area test.
The notarized signature on the Upland Crossing petitions were validated by a visual review and owners
on the petitions were verified against the current tax roll received from Lubbock Central Appraisal District
by the Financial Planning and Analysis Department and reviewed by Sally Abbe,Director of GIS and Data
Services.
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Exhibit A
Exhibit 1 ff
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Exhibit A
' Exhibit I
PL MOld FOR THE CIV■tt�EmAya'wpia�'iON 1OFF A(�PUBLIC�R�MPRO�T ME,`ln�',�'WSTRICT TO 1 ANNE
BIItl RO Eb{��' �j�S TO UPLAND`D`l.il1'JOSbJEgG
THE STATE OF TEXAS �
CITY OF LUBBOCK §
TO: THE HONORABLE MAYOR AND CITY CCOUNC�L OF THE CITY OF LUBBOCK-
The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of
Chapter 372, Texas Local Government Com, as amended (the "Act"), request that the City of
Lubbock create a public improvernew district (the "]District") in the territory described in
Exhibit A attached hereto (the"ii,aW) within the City of Lubbock, Texas (the "City"), and in
support of this petition the Petitioners would present the following:
ding of Pig . Petitioners affirm that they are the record owners as
shown in exhibit"B". In compliance with the requirements of Texas Focal Government Code,
Section 372.005(b),as determined by the current roll of the Lubbock Central Appraisal District,
the Petitioners constitute: (1) the owners of taxable real property representing more than 50% of
the appraised value of real property liable for assessment under the proposal described herein,
and(ii) the record owners of taxable real property that constitutes more than 50%of the area of
M taxable real property that is liable for assessment under such proposal.
O.neral natim of t_he,pnpgagd-lRebl4c iifflR,�rnents. The general nature, of
the proposed public improvements is: (i)acquisition, construction, or drainage facilities or
improvements, (ii) the design, construction and maintenance of parks and green spaces, Fences,
ponds, 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,community signage and any similar items located theme in along with
all necessary grading, drainage, and similar infrastructure involved in the construction of such
parks and greens; landscaping, hwdscaping 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.
Syction 3. t o b ' improvemats and
artce:
$700,000estimated for proposed public improvements as mentioned in section 2. Annual
maintenance costs - $75,000 for proposed improvements made by developer (13etenbough
Homes,LLC).
Section 4. ftodades. The proposed boundaries of the District are describsd in
Exhibit"C".
Scofion 5. Method g f assessment. An assessment meihodology 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 the special benefits
Exhibit A
Exhibit 1
accruing to property in the District and 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 special benefits received by the property from
the public improvements and property equally situated paying equal shares of the costs of the
public improvements.
The annual budget is subject to review by City of Lubbock staff and final approval by the
City Council. The annual assessments may be adjusted as a result of the City of Lubbock staff
review and City Council approval.
Section 6, AM2WMMM Of OW lKwOM ON MY MW theThe 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.
9zlion 7. moment 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-today management and administration of the District.
9pption 8. Advisory bid. An advisory board may be established to develop and
recommend an improvement plan to the City Council of the City(the"City Council').
The signers of this petition request the establishment of the District and this petition will
be filed with the City Secretary in support of the creation of the District by the City Council as
herein provided.
[Signature on following page]
Exhibit A
Exhibit 1
P T li�IONEl3S:
SWya ;nns-Fond Coa Elny,LLC- Beteinboush Homes,LLC
6%'d—I--
Bet „�......!l1.333.�,.�'•�.� ,� -Baa m�n--' - -
en'bc«< o Lit _ (C aW G-z rJ, Agea9 THE STATE OF DSAS �
COUNTY OF LUBBOCK
On this,am-3—day of MX 2019,before me,the undersigned Notary public, personally
appeared Ron Betenbough, Vice President of Storehouse Land Company, LLC, who
acknowledged that hatshe is the landowner and that he/she, in such capacity, being duly
authorized so to do,executed the foregoing petition for the purposes gherein contained by signing
his name in such capacity.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal.
M"M0 _kZCgo
j, � r�
Wo Notagy lic Signiure
THE ST ATE OF TEXAS
COUNTY OF LUBBOCK fa
On this, the .3. day of 2019, before me, the undersigned Notary Public, personally
appeared Chris Berry, an Authorized Agent of Betenbough Homes, LLC, who acknowledged
that he/she is the landowner and that he/she, in such capacity, being; duly authorized so to do,
executed the foregoing petition f&a qh?. purge therein contained by signing her name in such
capacity.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal.
Awas 1 L-9=
rh t notary Public Signature
�1►�tsatiniq
A-1
Exhibit A
Exhibit 1
BETENBOUGH
HOMES'
DuNl 3`I,2029
Cheryl Brock
City of Lubbock,Ta
162513th Streea
Lubbock,Tx 79457
RE:Upland Crossing,Public Improvement District
Dear Honorable Mayor and City Council,
Upland Crossing is a residential development within the city limits of the City of Lubbock bound on the
Vilest by Yuma Ave,the East by Upland Ave,the North by 26th St,and the South by 341h Street. We are
proposing to create a Public Improvement District,"PID",to maintain the public improvements for
Upland Crossing
In order to comply with the"Public Improvements District Policies and Guldellnes",we are providing
Information as required in Section 111."Guidelines ,b."Petition Requirements°.We are providing
information regarding items 1,5-16,as folloluv:
1.Betenbough has purchased 212 acres.Betenbough plans to invest approximately$700, in
Improvements for this park system before It would be deeded over to the City and the PID.This would
Include Items such as:playscapes,benches,walking trails,landscaping,etc.(subject to change)We will
be here to help keep the POD healthy and thriving.We have a heavily vested Interest in making this PID
healtOaj arta self-sufficient.
5. Of there Is sufficient support to petition for dissolving the Public Improvement District certain
requirements In addition to sufficient support must be met In order to dissolve the PID.Those
requirements Include arrangements to transfer ownership and maintenance of the City owned and PID
maintained property.These arrangements are to be made by the Advisory Board and with funds
available to the Advisory Board. Betenbough will have been responsible for some maintenance before
the park system would be deeded over.With having supported some maintenance,we feel we will have
an accurate representation of cost to propose for the service pian.So far,all of our proposed service
pians,does get reviewed by city staff,and approved by city council.
Exhibit A
Exhibit 1
BETENBOUGH
HOMES '
S. Map of the area Is attached to this email and is to be added to the petition.
7. In regard to the procedure for the nomination of the PID Advisory Board,the process shall be
consistent with the bylaws for Public Improvement Districts for the City of Lubbock.
8.Addressed in Section 2 of the petition.We feel that the"park system"creates a quality of life for the
homeowners.Each park will be uniquely different and interconnected through city ROW.
9. Each parcel of City-owned land will be Identified as a"Tract"at time of platting.
10.General description of proposed Improvements in Section 2 of the petition.
11.The estimated total cost of the Improvements Is approximately$700,000 and will be paid and
constructed by the developer,Setenbough Homes,with no desire for any reimbursement.The
estimated cost of the maintenance Is approximately$75,000 per year and Is to be paid for by the PID as
soon as the funds are available.This is the estimated cost for the entirety of the"park system".
12.Budget is attached In the service plan.
23.Method of assessment will be based on the net taxable value of the affected properties and will be
assessed at$.15 per$100.00 valuation.
14.Documentation of liability Insurance will be attached to this letter.
1S.Addressed in Section 6 of 4he petition.
16.Addressed In Section 5 of the petition.
Exhibit A
Exhibit 1
BETENBOUGH
HOMES"•
Our goal is to provide all the Information requested to continue with the creation of the PID.Please leg
us know If you have any questions or require any additional information.
Chris Bemj
Land Planning Mamgger
Betenbough Homes
Exhibit A
Exhibit 1
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A PUBLIC IMPRDVEMEM D13tiR1Ct'IN
SECTION 42,BLOCK AK,
ABMACTS let).!SI nxn t2t:a,
LUBBOCI(COUNTY,TEMS
Mfft ShM MvAed M Sheet 2)
A tract of land located in Section 42, Block AK,Abstracts.No. SS t and 1264, Lubbock
Cody,Texas,comprised of that certain 188.5074 acro tract of land conveyed to Storehouse
Land Company,LLC,described as"Tract 6"In a Warm*Deed recorded in County Conk's
File Number 2017029518 of the Official Public Records of Lubbock County,Texas,and all
of Lots I through 6 and the streets and allays in Wilderland Peds,a subdivision in said
Section 42,according to the map.Pial and/or dedication deed thereof recorded In Volume
16791 Page 157 of the Deed R"orda of Lubbock CauMnty,Teoce3,and that certain 12.5643
acro tenet of land conveyed to Storehouse Land Company,LLC,described in a Correction
Deed recorded in County Gate's Flla Number 2017045208 of the Official Public Records of
Lubbock County,Teta,Idd tract contains 206,557 acmes of tatnd,more or less,being hither
described by metes and Wurnds as follows:
BEGINNINO at a IR"iron rod with a cap marked"H.R.du:Assoce found in the aortic line
of 34th Street,as described In a Dedication peed recorded in Volume 3917,Page 293 of the
Beal Property Records of Lubbock County,Texas,and in the west line of that certain 1.62
Rem Uaa of land docrlbed in a Warranty Dad reoarded in County Cork's File Number
2012034420 of the Official Public Records of Lubbock County, Texas, for the most
aartherty soulheatt comer efthis tract and having coordinates of Northing:7,269,270.40 and
Easting:9091435.23,Taxes Coordinate System of 1983 (2011),Texas North Central Zone,
whence a railroad spike found mar the centedine of 34th Street and In the south line of said
Section 42 at the southwest corner of said 1.62 acro tract bears S.01°48' 16"W.a distance
Of 55.00 feet,and a railroad spike found at the southeast comer of said Section 42 bears S.
01"48'16'W.a distance of 55.00 feet and S.88° 1['011 E.a distance of 900.06 Poet,said
aecticn coma having coordinates of Northing:7,269,186.92 and Easting.910,332.89,Texas
Coordinate System of 1983(2011),Totes North Central Zone;
THENCE N.Sr I P 01" W.,along the north tine of 34th Street,a distance of 424.40 feat
pass a 12'iron rod with a cap marked"H.R.&Assocs"found at the wait terminus of said
dedication of 34th Street and In the east plat limits of said Wildertand Park,ibr a comer of
said 188.5074 sera tract,continuing along the north line of 34th Street,as dedicated with the
plat of said Wilderland Park,for a total distance of 940.40 feet to a 1/2"Iron rod with a cap
marked"H.R,&Assts"found in the west line of the plat limits of said Wilderlund Park for
a comer of this tenet;
THENCE S.01°48'59"W.a d13tana of 55.00 fed to a railroad spike found in the south Ihw
of said Section 42 near the centerline of 34th Street at the soahwea corner of the plat limits
of sold Wilderland Park for a corner of this tract;
THENCE N.88°11'01-W.,along the south line ofsaid Section 42 at a distance of 1218.86
feet pass a railroad spike found near the centerline of 34th Strcct at the most southerly
southwest comer of said 188.5074 acre tract,same being the southeast corer of said 12.5643
arra tract and having coordinates of Northing:7,269,283.87 and Eastitug:907,275.83,Texas
Coordinate System of 1983(2011),Texas North Central zone,continuing along tha south
lira of said Section 42 for a total distance of 1830.86 fed to a railroad spike found near the
omterline of 34th Street for the most southerly southwest corner of this tract,same being rho
southeast comer of that certain 3.077 acre tract of land dam in a Warranty Deed
recorded in County CkAeo File Number 2015003125 of the Official Public Records of
Lubbock Cmu ty,Texas;
THENCE N.010 57 00"E.,at a dWaace of 55.00 feet pass a IM iron rod with a cap marked
"H.R.cit Assocs'found in Mfterim continuing for a total distance of 894.33 feet to a 1/20
iron rod with a cap marked"H.R.&Assod'found in tete west portion of the south line of
add 188.5074 acre tract at the northwest corner of said 12.5643 we tract,same being the
Exhibit A
Exhibit 1
ftwd eat corner of that certain 3.077 acre text of land described in a Warranty Deed
recorded in County Cle&9 File Number 2015003125 of the Official public Records of
Lubbock may,Texas,and a corner of this tract;
THENCE N.88" l0'33'W.a distance of 149.88 fbet to a 112"Iron rod with a cap marked
"H.R.&Assocs'found at the rwrthwest corner of said 3.077 acre tract mad in the coat lino of
the plat limits of Alcove Park, Tract "A an addition to the City of Lubbock, Lubbock
County,Texas,according to the map,plat=&or dedication decd thereof recorded In Plat and
Dedication Number 2011012272 of the Official Public Records of Lubbock County,Texas,
for the moat westerly southwest comer of acid 188.5074 acre tract and this tract;
THENCE N.010 5T 36°E.,along the east Ono of rata Alcove Park,Tract"A",that certain
10.437 acre tract of land described In a Wwrentty Deed recorded in County Cleriet File
Number 2009014889 of the Official Public Records of Lubbock Comity,Taxan,and that
curtain 16.93 acre OW of lmnd described In a Wmarity Dead recorded In Volume 8825,Page
133 of the Official Public Records of Lubbock Courtly,Texas,a distance of 1751.28 feet to a
112"Iron pipe found for the northwest corner of said 188.3074 acro tract and this tract;
THENCE S.88°09'52'E.,along the south line of 26th Street,as currently recognized and
occupied on the ground,a distance of 595.35 fest to a 112"Iron rod found at the northwest
coma of the plat limits of Gamer Addition, Lot 1, an addition to the City of Lubbock,
Lubbock Cmnty,Texas,accarddng to the map,plat and/or dedication decd thereof recorded
in Volume 2678,Page 45 of the Real Property Records of Lubbock County,Texas, for a
comer of said 188,5074 acre tract and this tract;
THENCE S.010 48'38'W.,at a distance of 32.00 feet pass the south right-of-way line of
26th Stmt,as dedicated with the plat of said Oarner Addltdon,Lot t,eominuing for a total
distance of 160.00 feet to a 112"iron rod with a cap marked"Stevens RPLS 4339'eat for the
southwest corner of said Gama Addition,Lot t,and a coma of said 188.5074 we tract and
Us tract;
THENCE S,88"09'Sr B„along the south line of said Gamlen Addition,Lot 1,a distance of
90.00 feet to a 112'iron rod with a cap mmked'Stevens RPLS 4339'set under a concrete
tboting for a fence for an ell corner of that c mWn 3.0 acre tract of land described as a"Save
and ExcepW tract in a Warranty Deed recorded In Volume 4712, Page 259 of the Real
Property Records of Lub"County,Texas,and a corner of sold 188.5074 acre tract and
this tract;
THENCE S.01°48'38° W.a distance of 149.15 fat to a 112"iron rod found at the most
southerly southwest comer of said 3.0 acre tract for a comer of said 188.3074 acre tract and
this trnrct;
THENCE S.88°09'52'l:.a distance of 376,00 feet to a 112"Iron rod found at the southeast
corner of said 3.0 acre tract for a corner of said 188.5074 am trawl and this tract;
THENCE N.01"49'00'E.a distance of 309.15 feet to a 112"iron rod found at the northeast
comer of said 3.0 we tract for a comer of said 188.5074 acre tract and thus tract;
THENCE S.Sr 09'52'E.,along the south line of 26th Street,as currently recognized and
occupled an the ground,at a distance of 2701.22 fed pass a t!Y Iron rod with a cap marked
"Stevens RPLS 4339'set in reference,continuing lbr a total distance of 2756.22 feet to a
spindle found in the east line of said Seddon 42 and near the centerline of Upland Avenue at
the northeast corner of said 188.5074 we tract and this tract, having coordinates of
NorthhW 7,271,829.21 and Basting:910,419.55,Texas Coordinate System of 1983(2011),
Texas North Central Zane;
THENCE S.01°52'43*W..along the east line of said Seddon 42,a distance of 934.40 fed
to a railroad spike found near the centerline of Upland Avenue at the northeast corner of that
certain 1.0 acre tract of lend described In it Warranty Deed recorded in County Clerk's File
Number 2006018155 of the Official Public Records of Lubbock County,Texas,for a comer
of said 188.5074 mere tract and this tract;
THENCE N. 88° 10'47' W.,at a distance of 55,00 feet pan a Ill" Iron rod with a cap
marked"Stevens RPLS 4339"set in reference,continuing for a total distance of 290.40 feet
Exhibit A
0
Exhibit 1
to a ire leen rad with a ew marked"IM&Assocs"found at the trmtltwest comes of said
1.0 ase tract for a comer of Bald i 99-SO74 am trail and this tract;
THENCE S.01°52'43°W,along the west line of said 1 A race*tract and the west fins of six
small acrUP tMM of land,a dlat WWC of 1049.95 feet to a 112"iron rod with a cap marked
"H.R.&Asaacs"found at the wtati ww comer of anathaar 1.0 acre tract of land described in
a Wsunty peed reed In Vohune 6961, PaV 92 of the Real Property Records of
Lubbock County, T0=6 for a conwz of said 188.5074 acre tract and the most easterly
soutimm coater of finis tract;
THENCE N.88° 10'47"W.a disrmm of 310.46 fee!to a 112"iron rod with a cap attarlce:f
"Stevens RPLS 4339"set for o eomw of this tract;
Tf1ENCE S.01*413'49"W.a disUM of 369.67 foes to a 112"iron rod with a cap marked
'H.R.&Assors° fowul at ft no&=9 comer of said 1.62 am tract for a corneae of said
188.5074 acre tract end this tract;
THENCE N. 880 10' 10" W. a distance of 299.99 feet to a 112" iron rod found at the
northwest confer of Bald 1.62 acre tract for as oomer of said 188.3074 acre tract and this tract;
THENCE S.01°48'16"W.a distance of235.44 feet to the Point of eeg,3nning.BearhW and
Coordinates are bawd on the Texas Coordinate System of 1983(2011),'Texas North Central
Zane. The Convergence angle to 'true North bearings Is -01* 54' 07". Dista noes are at
surfkce,In 11.S.Survey feet.
This desc:}pZlon was prepared for paarposas of instituting a Public improvement District and
does not represent a survey *Wade upon the ground. This description is compiled from
information obtained In previous surveys made within said Section 42 and enoompassing this
tract.
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Exhibit A
Exhibit 2
63 10 Genoa Ave.suite A,Lubbock TX 79424
Phone:806487-1569 Fax 806.702-8995
Texas Firm Registration No.10087500
E.mail:h(o9steeenssurveycom
nowdosteeenssurvey.com
A PUBLIC IMPROVEMENT DISTRICT IN
SECTION 42,BLOCK AK,
ABSTRACTS N0.851 AND 1264,
LUBBOCK COUNTY,TEXAS
(Exhibit Stretch attached as Shot 2)
A tract of land located in Section 42, Block AK, Abstracts No. 851 and 1264, Lubbock
County,Texas,comprised of that certain 188.5074 acre tract of land conveyed to Storehouse
Land Company,LLC,described as"Tract 6"in a Warranty Deed recorded in County Clerk's
File Number 2017029518 of the Official Public Records of Lubbock County,Texas, and all
of Lots i through 6 and the streets and alleys in Wilderland Park, a subdivision in said
Section 42, according to the map, plat and/or dedication deed thereof recorded in Volume
1679, Page 157 of the Deed Records of Lubbock County,Texas, and that certain 12.5643
acre tract of land conveyed to Storehouse Land Company, LLC, described in a Correction
Deed recorded in County Clerk's File Number 2017045208 of the Official Public Records of
Lubbock County,Texas,said tract contains 206.557 acres of land,more or less,being further
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with a cap marked"H.R.&Assocs" found in the north line
of 34th Street,as described in a Dedication Deed recorded in Volume 3917,Page 293 of the
Real Property Records of Lubbock County,Texas,and in the west line of that certain 1.62
acre tract of land described in a Warranty Deed recorded in County Clerk's File Number
2012034420 of the Official Public Records of Lubbock County, Texas, for the most
southerly southeast corner of this tract and having coordinates of Northing:7,269,270.40 and
Easting: 909,435.23, Texas Coordinate System of 1983 (2011),Texas North Central Zone,
whence a railroad spike found near the centerline of 34th Street and in the south line of said
Section 42 at the southwest comer of said 1.62 acre tract bears S.01°48' 16" W.a distance
of 55.00 feet,and a railroad spike found at the southeast comer of said Section 42 bears S.
01°48' 16" W.a distance of 55.00 feet and S. 880 1 F01" E. a distance of 900.06 feet,said
section comer having coordinates of Northing: 7,269,186.92 and Easting:910,332.89,Texas
Coordinate System of 1983(2011),Texas North Central Zone;
THENCE N. 880 l F 01" W.,along the north line of 34th Street,a distance of 424.40 feet
pass a 112" iron rod with a cap marked "H.R. &Assocs" found at the west terminus of said
dedication of 34th Street and in the east plat limits of said Wilderland Park, for a corer of
said 188.5074 acre tract,continuing along the north line of 34th Street,as dedicated with the
plat of said Wilderiand Park,for a total distance of 940.40 feet to a 1/2" iron rod with a cap
marked"H.R.&Assocs"found in the west line of the plat limits of said Wilderland Park for
a comer of this tract;
THENCE S.01°48'59"W.a distance of 55.00 feet to a railroad spike found in the south line
of said Section 42 near the centerline of 34th Street at the southwest comer of the plat limits
of said Wilderland Park for a corer of this tract;
THENCE N.88" I F 01"W.,along the south line of said Section 42 at a distance of 1218.86
feet pass a railroad spike found near the centerline of 34th Street at the most southerly
southwest comer of said 188.5074 acre tract,same being the southeast corner of said 12.5643
acre tract and having coordinates of Northing:7,269,283.87 and Easting.907,275.83,Texas
Coordinate System of 1983 (2011),Texas North Central Zone, continuing along the south
line of said Section 42 for a total distance of 1830.86 feet to a railroad spike found near the
centerline of 34th Street for the most southerly southwest corer of this tract,same being time
southeast comer of that certain 3.077 acre tract of land described in a Warranty Deed
recorded in County Clerk's Fite Number 2015003125 of the Official Public Records of
Lubbock County,Texas;
THENCE N.010 5700"E.,at a distance of 55.00 feet pass a 112"iron rod with a cap marked
"H.R.&Assocs" found in reference,continuing for a total distance of 894.33 feet to a 112"
iron rod with a cap marked "H.R. &Assocs" found in the west portion of the south line of
said 188.5074 acre tract at the northwest corner of said 12.5643 acre tract,same being the
Exhibit A
Exhibit 2
northeast comer of that certain 3.077 acre tract of land described in a Warranty Deed
recorded in County Clerk's File Number 2015003125 of the Official Public Records of
Lubbock County,Texas,and a corner of this tract;
THENCE N. 880 10' 33" W.a distance of 149.88 feet to a 1/2" iron rod with a cap marked
"H.R.&Assocs"found at the northwest comer of said 3.077 acre tract and in the east line of
the plat limits of Alcove Park, Tract "A", an addition to the City of Lubbock, Lubbock
County,Texas,according to the map,plat and/or dedication deed thereof recorded in Plat and
Dedication Number 2011012272 of the Official Public Records of Lubbock County,Texas,
for the most westerly southwest comer of said 188.5074 acre tract and this tract;
THENCE N.O1°57'36"E.,along the east lines of said Alcove Park,Tract"A",that certain
10.437 acre tract of land described in a Warranty Deed recorded in County Clerk's Fite
Number 2009014889 of the Official Public Records of Lubbock County, Texas, and that
certain 16.93 acre tract of land described in a Warranty Deed recorded in Volume 8825,Page
153 of the Official Public Records of Lubbock County,Texas,a distance of 1751.28 feet to a
112" iron pipe found for the northwest comer of said 188.5074 acre tract and this tract;
THENCE S.880 09'52" E.,along the south line of 26th Street,as currently recognized and
occupied on the ground,a distance of 595.35 feet to a 1/2" iron rod found at the northwest
comer of the plat limits of Gamer Addition, Lot 1, an addition to the City of Lubbock,
Lubbock County,Texas,according to the map,plat and/or dedication deed thereof recorded
in Volume 2678, Page 45 of the Real Property Records of Lubbock County, Texas, for a
comer of said 188.5074 acre tract and this tract;
THENCE S.01°48' 38" W.,at a distance of 32.00 feet pass the south right-of-way line of
26th Street,as dedicated with the plat of said Garner Addition,Lot 1,continuing for a total
distance of 160.00 feet to a 112"iron rod with a cap marked"Stevens RPLS 4339"set for the
southwest corner of said Gamer Addition,Lot 1,and a corner of said 188.5074 acre tract and
this tract;
THENCE S.88°09 52"E.,along the south line of said Gamer Addition,Lot 1,a distance of
90.00 feel to a 112" iron rod with a cap marked "Stevens RPLS 4339" set under a concrete
footing for a fence for an ell corner of that certain 3.0 acre tract of land described as a"Save
and Except" tract in a Warranty Deed recorded in Volume 4712, Page 259 of the Real
Property Records of Lubbock County,Texas, and a comer of said 188.5074 acre tract and
this tract;
THENCE S. O1°48' 38" W. a distance of 149.15 feet to a 1/2" iron rod found at the most
southerly southwest corner of said 3.0 acre tract for a corner of said 188.5074 acre tract and
this tract;
THENCE S. 88"09'52"E.a distance of 376.00 feet to a 1/2"iron rod found at the southeast
comer of said 3.0 acre tract for a comer of said 188.5074 acre tract and this tract;
THENCE N.O1°49'00"E.a distance of 309.15 feet to a 1/2"iron rod found at the northeast
comer of said 3.0 acre tract for a comer of said 188.5074 acre tract and this tract;
THENCE S.88°09'52"E.,along the south line of 26th Street,as currently recognized and
occupied on the ground,at a distance of 2701.22 feet pass a 1/2"iron rod with a cap marked
"Stevens RPLS 4339" set in reference, continuing for a total distance of 2756.22 feet to a
spindle found in the east line of said Section 42 and near the centerline of Upland Avenue at
the northeast corner of said 188.5074 acre tract and this tract, having coordinates of
Northing: 7,271,829.21 and Easting: 910,419.55,Texas Coordinate System of 1983 (2011),
Texas North Central Zone;
THENCE S.OL°52'43" W.,along the east line of said Section 42,a distance of 934.40 feet
to a railroad spike found near the centerline of Upland Avenue at the northeast comer of that
certain 1.0 acre tract of land described in a Warranty Deed recorded in County Clerk's File
Number 2006018155 of the Official Public Records of Lubbock County,Texas, for a comer
of said 188.5074 acre tract and this tract;
THENCE N. 880 14' 47" W., at a distance of 55.00 feet pass a 1/2" iron rod with a cap
marked"Stevens RPLS 4339" set in reference,continuing for a total distance of 290.40 feet
Exhibit A
Exhibit 2
to a 1/2" iron rod with a cap marked"H.R.&Assocs"found at the northwest comer of said
1.0 acre tract for a corner of said 188.5074 acre tract and this tract;
THENCE S.010 52'43"W.,along the west line of said 1.0 acre tract and the west line of six
small acreage tracts of land,a distance of 1049.95 feet to a 1/2" iron rod with a cap marked
"H.R.&Assocs"found at the southwest comer of another 1.0 acre tract of land described in
a Warranty Deed recorded in Volume 6961, Page 92 of the Real Property Records of
Lubbock County, Texas, for a corner of said 188.5074 acre tract and the most easterly
southeast comer of this tract;
THENCE N. 880 10'47" W. a distance of 310.46 feet to a 1/2"iron rod with a cap marked
"Stevens RPLS 4339"set for a corner of this tract;
THENCE S. 010 48'49"W. a distance of 369.67 feet to a 1/2" iron rod with a cap marked
"FI R. & Assocs" found at the northeast comer of said 1.62 acre tract for a comer of said
IS 8.5074 acre tract and this tract;
THENCE N. 880 10' 10" W. a distance of 299.99 feet to a 1/2" iron rod found at the
northwest comer of said 1.62 acre tract for a comer of said 188.5074 acre tract and this tract;
THENCE S.010 48' 16"W.a distance of 235.44 feet to the Point of Beginning.Bearings and
Coordinates are based on the Texas Coordinate System of 1983(2011),Texas North Central
Zone. The Convergence angle to True North bearings is -OV 54' 07". Distances are at
surface,in U.S.Survey feet.
This description was prepared for purposes of instituting a Public Improvement District and
does not represent a survey made upon the ground. This description is compiled from
information obtained in previous surveys made within said Section 42 and encompassing this
tract.
Exhibit A
Exhibit 3
Upl2nd Crossing PID Proposed Method of Assessment
Properties will be assessed based on the CiVs 2020"net taxable value"as established by the Lubbock Central
Appraisal District and submitted to the City under Tax Code Section 26.04.
Assessment rate will be$0.151$100 valuation
'k All property will be assessed based on the final 2020"net taxable value".
Upland Crossing Proposed PID Service Ptah
PROPOSID
AXYEAR 2019 2020 2021 2022 IO2J 3024 Tota4
PROPERTY VALUES FitictacW a 011300to Closed 100 125 150 123 500
Property Vdue1•(Taxable Value) 121,349 800,000 15,816,000 34,882,320 58,079,966 77.991.366 77,991,566
Vix uaccd Propcny Valves 121,349 720,000 14,234,400 31,394,088 52,271,970 70,192,409 70,142409
FISCAL YEAR REVENUItS FY 2019-Io FY 2020-21 FY 2021.22 FY 2022.23 FY 2023.24 FY 2024as
Tnlcral S - - 359 1,357 I,S67 1179
0.15Asu==A $0.15 3020 21.152 47.091 73,408 105,289 253119
TOWS 1030 31,352 47,041 103189 254,4%
FISCAL YEAR EXPENSES FY 2019,20 FY 2020-21 FY 2021.22 FY 2022.23 FY 202124 FY 2024.25
Pak(
6 acre Playa park wph apprz 3 sues landscaped(wrth I acre ofwater) S - - - 48,000 48,960 96,960
Park 2
pocket park SW soda alcag'Spino' - 9,600 9,792 19,392
Siumpt
Ncoghborheod Entry S,gra - 1.000 1,020 2,020
Aamfum
F,mccs that mpuate an olley sdpccm to a meet - I,000 1.020 2,020
EteclrkColl for g4rk 1-W,'geordirrtenlfoa
Proposed parka I and 2 - - 3,180 3,244 6,421
Adminklraths C294 1,000 3,000 3,060 3.121 3,184 13,365
Arn.Al UmAllon Cm 1,000 3,700 4,000 4,120 4,244 4,371 21,475
f2019 h only the eosf of setting 1021 nrerrmen t)
prrelo, rFandlrnecfS,f ({,000} (3,620)
(a,62o)
To1a1 5 _._.__-.r .s. 1,�0 7,Q,J^' _...• 7,140 -�`3-t 45 71 90 I5d.995
CuhR4urvas S i4,S52 SQ,I63 42,526 96
_ ,224 ss,224
•Pcoperry Yaluo growth rate-2%0- .ually -�
*'Expense growth nto^2%annualty
ASSESSMENT INFORMATION
A2aeasmeat per 5100,000
Exhibit B—Ordinance Adopting the Upland Crossing Public Improvement District Service
Plan
City of Lubbock&Lubbock Central Appraisal District—Upland Crossing PID Assessment Collection Agreement
Exhibit B
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 PTD 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 YID 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 V, and binds that it: covers a period of at least live
(5)years; defines the annual indebtedness of the PID;estimates the costs for improvements
in the 1'ID; and, includes an assessment plan for the 111D.
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 1111), 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.
Exhibit B
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 011
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 (1") 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. I-lowever, 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.
Exhibit B
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 ,20i9.
Passed by the City Council on second reading on December 3 , 2019.
DANIEL M. POPE, MAYOR
A'T'TEST:
Z 0�'J
Jv
I e e ca Garza, City Secretat
APPROVED AS TO CONT T:
Brianna Gerardi, Director IQBusi ss Development
APPROVED AS TO FORM:
f �
I{elli Leisure, Assistant City Attorney
ecdocs/ORD.Economic Development—Upland Crossing PID—Service Plan.Assessment Role,and Levy
11.05.19
Exhibit B
EXHIBIT 1
Upland Crossing PIIS Proposed Method of Assessment
Properties will be assessed based on the Cites 2020"net taxable value"as established by the Lubbock Central
Appraisal District and submitted to the City under Tax Code Section 26.04.
eek Assessment rale will be$0.15/$100 valuation
'k All property will be assessed based on the Ima12020"net taxable value".
Upland Crossing Proposed PID Service Plan
PROPOSED
TAX YEAR 2019 2020 2021 2022 2023 2024 Toads
PROPERTY VALUES Eslimated#crHonlesClued 100 125 ISD 125 Soo
Property Valucs'(Tambla Value) 121,349 800,000 15,816,000 34,882,320 58,079,966 77,991,566 77,991,566
Discounted Property Valves 121,349 720,000 14_34,400 31,394,038 52271,970 70,192,4D9 70,192,409
FISCAL YEAR REVEKUES FY 2019-20 1,V 2020.21 FY 2021-22 FY 2022-23 FY 2023.24 FY 2024-25
Interest S - - - 359 1,366 L60G 3,331
0.15 Assessment 9�$0.IS - 1,080 21.352 47,091 78,405 105,289 253,219
Total S 11080 21.352 47A50 79,773 106,89S 256,550
FISCAL YEAR EXPENSES FY 2017 20 FY 2020-21 FY 2021-22 FY 2OZZ-23 FY 2023-24 FY 2024-25
Park I
6 acre Pla3a park with apprx 3 acres landscaped(with I acre of altar) S - - - 48,000 46,960 96,960
Park 2
packet park SIN side along'Spire' - - - 9.600 9,792 19.39,-
sig-Re
9,392sittnaee
Neighhodroad 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 ror an rk Holt tine and irrieal inn
Proposed parks I and 2 - - - 3,180 3.244 6,424
Adrninislralivc Casts I,ODD 3,000 3,060 3,121 3,184 13.365
Annual Oneratian Cost 1,000 3,700 4,000 4,120 4,244 4,37) 21,435
(2019 Is aril,the ec sl of setthre 2021 asscsanenll
Decelaller Fundine or Casts (1,000) (31620
(0,620)
Total Is I 1,08D 7,000 7,180 70,145 71,590 156,995
Cask Resemes S 14,352 54,622 64,250 99,555 99,555
'Psopcny Vnluc gromlt rata=2%,annually
s-Expense 1;roa1h mte=2%annually
ASSESSMENT INFORMATION
2020-2024
Assessment per S100,000 S 150.00
S:\Ousiness_Development\Public Improvement Districts\Upland Crossing\Creation\07-Assessment Ordinance\Upland Crossing PID Proposed Service and Assessment Plan 11.1-19
Exhibit B
City of Lubbock,TX
Finance Department
Upland Crossing PID Projected Assessment Roll
EXHIBIT 2
2019 �Projectcc1202,13
Estimated
Property 2019 Market Taxable 1 2020
ID Owner Name.. MailingAddress. ., P.ropertyAddress. Legal.Description _ . Value Value 7axable�.Value A9e5sment
R107874 'STOREHOUSE LAND CO LLC 6305 82ND ST LUBBOCK 79407 BILK 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 630582ND ST LUBBOCK 79407 WILDERLAND PARK L 1 3,100 3,100 3,100 4.65
LUBBOCK,TX 79424
Ri11535 [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 iBETENBOUGHHOMES LLC ;630582ND ST 3202VIOLAAVE, WILDERLANDPARK L3 2,850 2,850 2,850 4.28
r
LUBBOCK,TX 79424-3681 LUBBOCK,TX 79407
R111743 ]STOREHOUSE LAND CO LLC 6305 82NO ST :LUBBOCK 79407 WILDERLAND PARK L 4 3,200 3,200 3,200 4.80
;,LUBBOCK,TX 79424
R311817 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
8320694 'STOREHOUSE LAND CO LLC '6305 82ND ST LUBBOCK 79407 BILK AK SEC 42 AB 851 TR CS 52,696 8,953 50,000 75.00
LUBBOCK,TX 79424 AC:51.161
t
'RB7881 STOREHOUSE LAND CO LLC 6305 82ND ST 2602 UPLAND AVE, BILK AK SEC 42 AB 1Z64 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