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HomeMy WebLinkAboutOrdinance - 2015-O0082 - Valencia PID - 08/27/2015First Reading August 13, 2015 Item No. 7.8 ORDINANCE NO. 2015-00082 Second Reading August 27, 2015 Item No. 6.6 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 2015 ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING FY 2015-16; 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.2011- 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 (Exhibit A); 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 B, attached hereto, contains the 2015 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 13, 2015, to consider objections to the proposed assessments. hhe City Council closed the public hearing after receiving property owner °s concerns and comments (both oral and written) on proposed 2015 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 2015 assessment rate for a special assessment against real property and real property improvements exclusive of public rights-of-way, to provide funding for the District for the purpose of supplemental services and improvements; and Valencia PID Assessment Ordinance 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 B; 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 B. 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 2015 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 B). 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 13, 2015 at 5:30 p.m. in the City Council Chamber, 1625 13`" Street, Lubbock, Texas was published in the official newspaper of the City of Lubbock, Texas before the 10`x' 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) Valencia PID Assessment Ordinance 2 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 10`h 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: "l hat 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 2015 city net taxable value in the manner described in the assessment attached hereto in Exhibit B 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. 1 he lien shall attach 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. 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. 2016 except as provided in Sections 31.02(b), 31.03, and 31.04 of the Texas Valencia PID Assessment Ordinance 3 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 1 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. 4 alencia PID Assessment Ordinance 4 AND IT IS SO ORDERED. Passed by the City Council on first reading on August 13, 2015 , 2015. Passed by the City Council on second reading on August 27, 2015 , 2015. - - " �41'11' GLEN OBERTSON, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CON -TENT: Cheryl brock Executive Director of Budget APPROVED AS TO FORM: Linda L. Chamales. Economic Development Attorney Lc city att/Lmda/Ordmances:'Valencia PID Ordinance 2015 Assessment July 15, 2015 Valencia PID Assessment Ordinance 5 Resolution No. .1-R0310 EXHIBIT A July 14, 2011 Item No. 6.4 RESOLUTION WHEREAS, a petition has been received from the record owners of taxable real property representing more than 50 percent of the appraised value (as determined by the most recent certified appraisal roll of the Lubbock Central Appraisal District) of an area within the City of Lubbock generally bounded by generally bounded by 851h Street on the north, 88`h Place on the south, Iola Avenue on the east, and Milwaukee Avenue on the west, AND owners of not less than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal; requesting establishment of a Valencia Public Improvement District under Chapter 372 of the Texas Local Government Code for the purpose of maintaining Parks and greens 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 greens; landscaping, hardscape and irrigation; including costs of establishing, administering and operating the District; and WHEREAS, the petition, a copy of which has been attached 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 of the City of Lubbock, Texas (the "City"); and WHEREAS, the boundaries of the proposed Valencia Public Improvement District within the city limits of the City of Lubbock are described in the attachment designated as Exhibit "2" and shown on the map attached hereto as Exhibit "Y; and WHEREAS, the City has called a public hearing to hear public comments 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 N WHEREAS, notice of such public hearing was published in the Lubbock Avalanche -Journal, a daily paper of general circulation in the City, such publication date o being before the 15th day before the date of the public hearing stating the time and place of the hearing, the general nature of the services, the estimated cost of the services, the P proposed boundaries of the proposed Valencia Public Improvement District, the method of assessment, and the apportionment of cost between the improvement district and the city as a whole; and WHEREAS, written notice containing the information in the published notice was mailed before the 15th day before the date of the hearing to the current addresses of the owners, as reflected on the tax rolls, of property subject to assessment under the proposed public improvement district; and Valencia PID Establishment EXHIBIT A WHEREAS, such hearing was convened at the time and place mentioned in the published notice, on the 14`h day of July, 2011, at 9:30 o'clock a.m., in the Council Chambers of the City of Lubbock, Texas; and WHEREAS, the City, at such hearing, invited any interest person, or his/her representative, to appear and speak for or against the authorization of the Valencia Public Improvement District, the boundaries of the proposed public improvement district, whether all or a part of the territory which is described in Exhibit "2" attached hereto and depicted on the map attached hereto as Exhibit "3" should be included in such proposed Valencia Public Improvement District, the advisability of the proposed improvements, the nature of the improvements, the estimated costs of the improvements; the method of assessment, and the apportionment of costs between the district and the city as a whole; and WHEREAS, all owners of property located with the proposed Valencia Public Improvement District and all other taxing units and other interested persons were given a reasonable opportunity at such public hearing to protest the authorization of the Valencia Public Improvement District and/or the inclusion of their property in such District; and WHEREAS, the proponents of the Valencia Public Improvement District offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Valencia Public Improvement District, and opponents of the Valencia Public Improvement District were given the opportunity to appear to contest authorization of the district, after which the hearing was closed; NOW THEREFORE: BE IT RESOLVED 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 conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on the advisability of authorizing the Valencia 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 proposed public improvement district. (b) That authorization of the proposed Valencia Public Improvement District with boundaries as described in Exhibits "2" and "3" for the purpose of maintaining Parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, walkways, y lighting, benches, trash receptacles and any similar items located Valencia PID Establishment Z EXHIBIT A therein along with all necessary grading, drainage, and similar infrastructure involved in the maintenance of such parks and greens; landscaping, hardscape and irrigation; including costs of establishing, administering and operating the District is advisable and will result in benefits to the City, its residents and property owners in the Valencia Public Improvement District. (c) That the total estimated cost of services and improvements proposed to be provided by the District is approximately $56,829 over the next five (5) years, and that the estimated annual cost rises from $4,500 in year two to $19,149 in year five (5). Services anticipated are maintenance of 87`h Street park and median, electric costs for lights, and operational and administrative costs. (d) That the costs are based on a proposed assessment rate of $0.11 per $100.00 of valuation through year 2019. (e) That as to apportionment of cost between the proposed District and the City, all costs for proposed improvements will be paid by the District through assessments. SECTION 3: That the City hereby authorizes under Sections 372.006, 372.010, and 372.041 of the Act, a public improvement district over the area described in Exhibit 2 attached hereto and depicted in the map attached hereto as Exhibit 3 and such public improvement district shall hereafter be identified as the Valencia Public Improvement District, City of Lubbock, Texas. SECTION 4: That the City Council shall be the governing board for the Valencia Public Improvement District. The City Council may appoint an Advisory Board for management of the District in the future. SECTION 5: That the notice of this authorization for the Valencia Public Improvement District shall be published in a newspaper of general circulation in the city. 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. Valencia PID Establishment 3 EXHIBIT A Passed by the City Council on July 14 , 2011. TOM MARTIN, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Andy B cham Chief Financial Officer APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney a kityatt/Unda/Valencia PID Establishment May 18, 2011 Valencia PID Establishment EXHIBIT A Exhibit "1„ resolution No. 2011—RO310 CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § CERTIFICATE OF PUBLIC RECORD I hereby certify, in the performance of the functions of my office, that one signature on the attached document has been verified and that the same constitutes record owners of taxable real property representing more than fifty percent (50%) of the appraised value of the property (as determined by the current roll of the Appraisal District, January 1, 2011) in the area known as Valencia, as shown on that attached map, AND owners of more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal as required by Section 372.005(b) of the Texas Local Government Code; the one petitioner owns 100% of land; 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 1 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 this 16th day of May, 2011. (City Seal) Rebek+ca Garza City Secretary City of Lubbock Lubbock County, State of Texas EXHIBIT A Exhibit "1" Phi city of lubbock TEXAS May 5, 2011 To: Becky Garza, City Secretary Cheryl Brock, Senior Financial Analyst Rob Allison, Assistant City Manager From: Sally Still Abbe, GIS Manager Re: Valencia Petition Recently, the City Of Lubbock received a petition dated April 8, 2011 from Drew Wegman, Vice -President of Real Property Resources, Inc., requesting that the City of Lubbock establish a Public Improvement District (PID) for the proposed Valencia development shown on the attached map. PID establishment can only be initiated by a petition of property owners who meet two tests outlined in the state statute. There is only one owner of land within the PID boundary, and the vice-president of this company signed the petition. 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 (January 1, 2011). Since the petitioners own 100% of the property within the boundary, the petition easily passes the value test. The second test is that the petition must be signed by the record owners of property that constitute more than 50% of the number of record owners or the record owners of more than 50% of the area within the PID. There is only one owner in the PID, who signed the petition. Real Property Resources, Inc. owns 100% of the land, so the petition passes both tests even though it is required to pass only one. The notarized signature on the Valencia petition was validated by a visual review EXHIBIT A Exhibit "1" PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IMPROVEMENTS TO VALENCIA THE STATE OF TEXAS CITY OF LUBBOCK TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK: The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"). request that the City of Lubbock create a public improvement district (the "District") in the territory described in Exhibit A attached hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in support of this petition the Petitioners would present the following: Section I. Stan_ _ ding of Petitioners. In compliance with the requirements of Texas Local Government Code, Section 372.005(b), as determined by the current roll of the Lubbock Central Appraisal District, the Petitioners constitute: (i) the owners of taxable real property representing mote 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 all taxable real property that is liable for assessment under such proposal. Section 2. General nature of the proposed maintenance of the gublic publicimprovements. The general nature of the proposed public improvements is: (i) maintenance of Parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, fences, 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 greens; landscaping, hardscape and irrigation; and (ii) costs of establishing, administering and operating the District. The improvements associated with the Public Improvement District are a benefit to the affected property and to the City of Lubbock because they visually enhance the area as well as provide a common area for residents to enjoy increasing the overall quality of life in the affected area. Section 3. Estimated cost of the maintenance of thg proposed public improvements: Annual maintenance costs - $1$.000. Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A. Section 5. Method of assesLrrtent. An assessment methodology has been prepared that will address (i) how the costs of the public improvements paid for with the assessments are assessed against the property in the District, (ii) the assessments to be collected each year, and (iii) reduction of the assessments for costs savings (pursuant to the annual review of the service plan for the District). Additionally, a report will be prepared showing the special benefits accruing to property in the District and how the costs of the public improvements are assessed to LUB200158WO Dallas 1034M_ I ,DOC EXHIBIT A Exhibit "l" 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. Auportionment of Cost between the City and Os District The City will not be obligated to provide any funds to finance the proposed public improvements or maintain the public improvements. All of the costs of the proposed public improvements will be paid by assessments of the property within the District and from other sources of funds, if any, available to the developer of the Land. Section 7. Marra ement of the District. The City will manage the District, or, to the extent allowed by law, the City may contract with either a non-profit, or a for-profit organization to carry out all or a part of the responsibilities of managing the District, including the day-to-day management and administration of the District. Section 8. Advisory board. An advisory board may be established to develop and recommend an improvement plan to the City Council 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. LU$20015WW Dalla IMA400_1 DOC [Signature on following page] -2- EXHIBIT A Exhibit "1" PETITIONERS: Real Property Resources, Inc. Drew Wegman, V e -President of Real Property Resources, Inc. THE STATE OF TEXAS § COUNTY OF LUBBOCK § On this, the 8h day of April, 2011, before me, the undersigned Notary Public, personally appeared Drew Wegman who acknowledged that he is Vice -President of Real Property Resources, Inc., and that he, in such capacity, being duly authorized so to do, executed the foregoing petition for the purposes therein contained by signing his name in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. JENNE M. BICKETT Notary blic Signature MyCAmnrseinr Ezpier ta13�13 Signature Page jar Petition EXHIBIT A Exhibit "1" EXHIBIT A The Land METES AND BOUNDS DESCRIPTION: A 39.941 .ACRE TRACT OF LAND SITUATED IN THAT CERTAIN 199.832 ACRE TRACT OF LAND RECORDED IN VOLUME 6937, PAGE 174 OF THE RE.iL PROPERTY RECORDS OF LUBBOCK COUNTY, INCLUDING LOT 4B OF SPECTRA LUBBOCK SOUTHWEST, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO THE ALAP OR PLAT THEREOF RECORDED IN PIAT AND DEDICATION NO. =06044435 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, ,AND LOCATED IN SECTION 28, BLOCK AK, LUBBOCK COUNTY, TEXAS, SAID 39.941 ACRE TRACT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS- BEGINNING OLLOWSBEGINNING AT A I/2" IRON ROD WITH GAP MARKED "STEVENS RPLS 4339" SET IN THE EAST LINE OF LOT 4.A, SPECTRA LUBBOCK SOUTHWEST, AN ADDTRON TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO 71EE MAP OR PLAT THEREOF RECORDED IN PLAT AND DEDICATION NO. 2006044435 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, AND S. 010 49' 05' V A DISTANCE OF 175.00 FEET FROM THE SOUTHWEST CORNER OF TRACT A-1, A REPLAT OF TRACT A, MONTEREY CHURCH OF CHRIST ADDITION, AN ADDITION TO THE CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS, ACCORDING TO THE SOAP OR PLAT THEREOF RECORDED IN VOLUME 10299, PAGE 264 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE NORTHWEST CORNER OF THIS TRACT, HAVING COORDINATES OF NORTHING: 7,232.079.842 AND EASTTNG: 916,426.179, TEXAS COORDINATE SYSTEM, T?QNC ZONE 4202. NAD 83 (CORS 96). WHENCE THE NORTHWEST CORNER OF SECTION 28 BEARS N. 01- 49' 05' E. A DISTANCE OF 1001.91 FEET, N. Ole 54' 20' E. A DISTANCE OF 55.00 FEET AND N. 680 05' 40' W. A DISTANCE OF 1360.47 FEET, PER CALLED DISTANCES IN SAM PLAT OF TRACT A-1 AND IN PREVIOUS WARRANTY DEEDS RECORDED N VOLUME 6937. PAGES 174 AND 178 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY; THENCE S. 88- 11- 01" E., PARALLEL EL WrM THE SOUTH LINE OF SAID TRACT A-1 (PREVIOUS RECORD GALL• EAST), AT A DISTANCE OF 1250.20 FEET PASS A 1/2" IRON ROD WTIH CAP MARKED-STEVENS RPLS 4339" SET IN REFERENCE. CONTINUING FOR A TOTAL DISTANCE OF 128220 FEET TO A 1/2" IRON ROD WITH CAP MARKED STEVENS RPLS 4339^ SET IN THE EAST LINE OF SAID 199.832 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 010 45'05* W-, ALONG THE EAST LINE OF SAID 199.832 ACRE TRACT (PREVIOUS RECORD CALL S. 00- 02' 50' E.) AND THE CENTERLINE OF IOLA AVENUE AS DEDICATED BY THE PLATS OF REGAL PARK, ACCORDING TO THE MAPS OR PLATS THEREOF RECORDED IN VOLUME 8x05, PAGE 286 AND VOLUME 10114, PAGE 58 OF THE OFFICLAL PUBLIC RECORDS OF LUBBOCK COUNTY, A DISTANCE OF 992.97 FEET TO A PK NAZI. AND WASHER FOUND AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO LL 3BOCK LAND RWESTi,MYTS I, LP RECORDED N VOLUME 10469, PAGE 124 OF THE OFFICLAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N. 880 10' 0S" W., ALONG THE NORTH LINE OF SAID LUBBOCK LAND INVESIIIENTS 1. LP TRACT, AT A DISTANCE OF 3200 FEET PASS A 1/2" IRON ROD WITH CAP MARKED "H. REED do ASSOCS" FOUND, CONTINUING FOR A TOTAL DISTANCE OF 1118.38 FEET (PREVIOUS RECORD CALL N. 88- 09' 50" W., i 118.38 FEY -I) TO A 1/2' IRON ROD WITH CAP MARKFD "H. REED & ASSOCS- FOUND FOR A CORNER OF THIS TRACT; THENCE N. 01- 48' 45" E:, ,ALONG A PORTION OF THE NORTH LINE OF SAID LUBBOCK LAND IMTZr..(ENTS 1, LP TRACT, A DISTANCE OF 146.2I FEET (PREVIOUS RECORD C -AIL' N. 01- 48' 13' E, 146.21 FEET) TO A 1/2- IRON ROD WITH CAP M ARKED "H. REED do ASSOCS" FOUND FOR A CORNER OF THIS TRACT, THENCE N W 09' 49" W., ALONG THE NORTH LINE OF SAID LUBBOCK LAND INVESI'MEAITS I, LP TRACT, A DISTANCE OF 1468.08 FEET (PREVIOUS RECORD GAIL, N. 880 10'43" W.,1467.86 FEET) TO A 1/2" IRON ROD WITH CAP ,MARKED "bTEVEINS RPLS 4339" SEI' IN THE EAST RIGHT-OF-WAY LINE OF MILWAUKEE AVENUE, AS DESCRIBED M DEED RECORDED IN VOLUME 9735, PAGE 349 OF TIE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE SOUTHWEST COIINER OF THIS TTLAL-T; THENCE N 01. 43' 1" E. ALONG TIIE EAST RIGHT-OF-WAY LINE OF h(ILWAUKFE .%VENUE (PREVIOUS RECORD GALL N. 01° 43' 58" E), .A DISTANCE OF 29200 FEETTO .A 5/8" IRON ROD FOUND AT THE SOUTHWEST CORDER OF TRACT A, W.ALALART SUPERCENTER, AN :ADDITION TIDO THE CITY OF LUBBOCK, ACCORDING TO ME FLAP OR PLAT THEREOF RECORDED IN PLAT AND DEDICATION NO. 20060249M OF THE OFFICLAL PUBLIC RFCORDS OF Ll: BROCK COUNTY, FOR Ti IE MOST WESTERLY NORTI IWEST CORNER OF'17IIS TR -ALT; A-1 EXHIBIT A Exhibit "I" THENCE S. 88° 09' S4" E., ALONG THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 915.02 FEET (PREVIOUS RECORD CALL- S. 88° 10' 10" E, 914.93 FEET) TO A 5J8" IRON ROD WMI CAP %LARDED "DL'NAW.AY ASSOC, INC" FOUND AT THE SOUTHEAST CORNER OF SAID TIL%CT .A AND TI IE SOUTHWEST CORNER OF LOT 4B OF SAID SPECTRA LUBBOCK SOUTHWEST, FOR A CORNER OF THIS TRACT, THENCE N. 01 ° 49' SO- E. ALONG THE CO\LHON LINE OF SAID TRACT A AND LAT 4B, A DISTANCE OF 28259 FEET (PREVIOUS RECORD GALL• N. 010 49' SO- E. 28278 FEET) TO A 1 /Y IRON ROD WITH CAP MARKED "STEVENS RPLS 4339" SET AT THE WEST COX%ION CORNER OF SAID LOTS 4A AND 4B FOR A CORNER OF THIS TRACT: THENCE S. 880 10' 10" E. ALONG THE COSLILON LINE OF SAID LOTS 4.A AND 4B. A DIST.ILNCE OF 38832 FEET (PREVIOUS RECORD CALL: S. 88° 10 10" 1, 388.47 FEET) TO A IIr IRON ROD WITH CAP MARKED "STEVENS RPLS 4339" SET AT THE EAST COMMON CORNER OF SAID LOTS 4A AND 48 FORA CORNER OF THIS TRACT; THENCE N. Ol° 49' OS" E., ALONG THE EAST LINE OF SAID LOT 4A (PREVIOUS RECORD CALL- N 010 49' 14" E). A DISTANCE OF 271.71 FEET TO THE POINT OF BEGINNING. A-2 EXHIBIT A Exhibit "I" BETENBOUGH HOMES April 9, 2011 Cheryl Brock City of Lubbock, TX 1625 131x' Street Lubbock, TX 79457 Re: Valencia, Public Improvement District Dear Honorable Mayor and City Council; Valencia is a residential development within the city limits of the City of Lubbock bound on the west by Milwaukee Avenue, the east by Iola Avenue, the north by Monterey Church of Christ, and the south by The TmUs at Regal Park. We are proposing to create a Public Improvement District "PID" to maintain the public improvements for Valencia. In order to comply with the "Public Improvement District Policies and Guidelines", we are providing information as required in Section III. "Guidelines", b. "Petition Requirements". We are providing information regarding items 5-I6, as follow: 5. If the there is sufficient support to petition to dissolve 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. 6. Map of the area is attached to this email to be added to the petition. 7. In regards 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. 9. City owned land in the distinct will be "Tract A & Tract B, Valencia, an addition to the City of Lubbock". 10. General description of proposed improvements in Section 2 of the petition. 11. The estimated total cost of the improvements is $200,000.00 and will be paid by developer with no desire for any reimbursement. The estimated cost of the maintenance is $18,000 per year and is to be paid for by the PID as soon as the funds are available. 12. Budget is attached in the service plan. EXHIBIT A Exhibit "1" BMNBOUGH —HOMES 13. Method of assessment will be base on the net taxable value of the affected properties and will be assessed at S.11 per S 100.00 valuation. 14. Documentation of liability insurance will be attached to this letter r 15. Addressed in Section 6 of the petition 16. Addressed in Section 5 of the petition Hopefully this will provide all of the information requested to continue with the creation of the PID. Please let me know if you have any questions or require any additional information. Dr�ehw Community Development Betenbough Homes EXHIBIT A h b i Y� �i lt E.. ,1 � ,o B�� � g 1 4 e1146 gbh fix � a 2311, �y ,ofal ao ro. ,Ile/ ,av • \ S:ti.A,10'i YOQW Ira ifiet 'a,i40..1e1 �' pIf a�� i® • a Zefi,wmoll ` Cf .1rHl i z r b Sf a Znerlol/ 9 � las � IC�rI al Actu / 1r1,M.IC11 it 4.1e11 1 tvl zcwrraw �M+ p ��µµ b / dawi nsa�»aevi'om _ ! oil § y S1I MUM Arm IV yt 8— usa ` fl� zea...lfr1 � Z ag � p� Ira I,�r.Jfll Ir[oel w Y �\ ,e w w .coal al at ZI(GpaCM �1 7./lt►.fen 'y i.K a 'W46O rww 0-0.6 RI r41"s A ,2MI 1r EXHIBIT A Exhibit "1" ..esolution No. 2011—RO310 I 1 !1 ------j-----------�1.7a �� !' ` •J _. ���r� • • � l j 1 , , , 1 ; , 7 �r1 It1 1111181 111 181111 I 0. MZ= i1 Is(IllIll 111.191Ill loll .w .w Jm 1.01 owl .w tw •w .w I .w .wl O.• few I .w EXHIBIT A Exhibit "2" The Land METES AND BOUNDS DESCRIPTION: Resolution No. 2011—RO310 A 39.941 ACRE 'TRACT OF LAND SITUATED IN TI IAT CERTAIN 199.832 ACRE TR10' OF LAND RECORDED IN VOLUME 6937, PAGE 174 OF THE REM, PROPERTY RECORDS OF LUBBOCK COUNTY, INCLUDING LOT 4B Of- SPECTRA FSPECTRA LUBBOCK SOU'111WEST, AN ADDITION '1'0 TI IE CITY OF LUBBOCK, LUBBOCK COUNTY, 'T'E'XAS, ACCORDING TO 11 lE AIAP OR PLAT TI IERL'OF RECORDED IN PLAT' AND DEDICATION NO. 2006044435 OFT] [I' OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, AND LOCATED IN SECTION 28, BLOCK AK, LUBBOCK COUNTY, TEXAS. SAID 39.941 ACRE'IR1CI' BEING FURTI TER DESCRIBED BY.mETES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD WIT'11 CAP MARKED "STEVENS RPLS 4339" SL IN TI IE EASTLINE OF LOT 4A, SPECTRA LUBBOCK SOU'TI IWEST, AN ADDITION TO TI IE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING 'T'O '1'1 it.. h1AP OR PLAT TI IEREOF RECORDED IN PLAT ,IND DEDICATION NO. 2006044435 OF T'I IE OFFICIAL PUBLIC RECORDS OF' LUBBOCK COUNTY, AND S. Ol° 49'05" W. A DISTANCE OF 175.00 FEET FROM 'ITIS SOU'II IWESI' CORNER OF TRACT A-1, A REPLrAT OF TR1Ct A. MONTEREY CI IURCI I OF Ci IRIST ADDITION, AN ADDI'T'ION TO TI IE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO TI IL' MAP OR P1 VI'THEREOF RECORDED IN VOLUME 10299, RAGE 264 Own 1L' OETICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR TI IE NORTI (WEST CORNER OF Tiffs TRACT, I IAV[NG COORDINATES OF NORTF ITNG: 7,252,079.842 AND EASPING: 916,426.179, 'T RY AS COORDTNAT'E SYSTEM, T'XNC ZONE 4202, NAD 83 (CORS 96), WI EENCE'1'1 ll' NOR'I'1 IWES1' CORNER OF SECTION 28 BEAILS N. 01" 49' 05" E. A DISTANCE O1' 1001.91 FEET, N. 01° 54' 20" E. A DISTANCE OF 55.00 FEET AND N. 88' 05' 40" W. A DIS'T'ANCE OF 1360.47 FEET, PER CALLED DISTANCES IN SAID PLATOF'IR1CT A-1 AND IN PREVIOUS WARRANTY DEEDS RECORDED IN VOLUME 6937, PAGES 174 AND 178 OF THE REAL. PROPERTY RECORDS OF LUBBOCK COUNTY; 1'I FENCE S. 880 11'01" E,, PARALLEL WITH i '111E SOU'F11 LINE OF SAID TR.ACI' A -I (PREVIOUS RECORD CALL: EAS71), AT A DISTANCE OF 1250.20 FEET PASS A 1/2" IRON ROD WITH CAP MARKED "STEVENS RPLS 4339" SET IN REFERENCE, CON'T'INUING FOR A TOTAL DISTANCE OF 1282.20 FEET -1-0 A 1/2" IRON ROD WIT'1 i CAP MARKED "S'I'EVENS RPLS 4339" Sli I' INTI IE F.ASI' LINE OF SAID 199.832 ACRE'[RACT FOR 'ITIS NORII IE -AST CORNER OF '1'I I IS'IRACI 'I7.11'NCE S. 01° 45'05" W., ALONG TI IE EAST LINE OF SAID 199.832 ACRE TRACT (PREVIOUS RECORD CALL: S. 00° 02' 50" E.) AND THE CENT'ERIANE OF IOLA AVENUE AS DEDICATED BY TILE PLATS OF REGAL PARK, ACCORDING TO'I'I TE MAPS OR PLATS TI IHREOF RECORDED IN VOLUME 8405, PAGE 286 AND VOLUME 10114, PAGE 58 OF TI IE OFFICIAL. PUBLIC RECORDS OF LUBBOCK COUNTY, A DISTANCE OF 992.97 FELT -1-0 A PK NAIL. AND WAST E R FOUND AT THE NORTI [EASI' CORNER OF 'l'1 IATCERTAIN 'TRAGI' OI, LANDCONVEYED TO LUBBOCK LAND TNVE'SlMUM'S 1, LP RECORDED IN VOLUME 10469, PAGE 124 OF TIIE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNIY, FOR 111 C Soun [EAST CORNER OF TI IIS 'TRACT; THENCE N. 88° 10' 05" W., ALONG TI IE NORTH LINE OF SAID LUBBOCK LAND INVI?5"I11ENT'S I, I.P TR ACI', ATA DISTANCE OF 32.00 FEET PASS A 1/2" IRON ROD Will CAP MARKED "I1. REED & ASSOCS" FOUND, CONTINUING FOR A TOTAL. DISTANCE OI: 1118.38 FEET (PREVIOUS RECORD CALL: N. 880 09' 50" W., 1118.38 FEET) TO A 1/2" IRON ROD WITI 1 CAP MARKED "11. REED & ASSOCS" FOUND FOR A CORNER OF 1'I [IS TRACI: "11 IENCE N. 010 48'45" E, ALONG A PORTION OFTI I IL NOR'I'I I LINE OF SAID LUBBOCK LAND INVESTMENTS 1, 1.11'17RACI-, A DIS-1-ANCE{ OF 146.21 FEET (PREVIOUS RECORD CALL N. 010 48'13" 1'., 146.21 FEEI) TO A 1/2" IRON ROD WIT'I 1 CAP MARKED "11. REED & ASSOCS" FOUND FOR A CORNER OF TI IIS TRAGI; '11-IENCE N. 88° 09' 49" W., ALONG 1.111: NORTI I LINE OF SAID LUBBOCK LAND INVEST'MENT'S 1, LP TRACI', A DISTANCE OF 1468.08 FEE -sl' (PREVIOUS RECORD CALL: N. 88° 10'43" W.,1467.86 FEG1)'1'0 A 1/2" IRON ROD WPM CAP MARKED "STENE.NS RPI -S 4339" SI -7 IN '!'III' EAST RIGIPI'-OF-WAY LINE OF MILWAUKEE AVENUE, AS DESCRIBED IN DEED RErORDED IN VOLUME 9735, PAGE 349 OF TILE OFFICIAL PUBLIC RECORDS OF I.UBBOCK COUNTY, ]-'OR 1't IE SOUT'I!WEST CORNER Ol-''I'I [IS'I'IU1CT; 'THENCE N. 010 43' 17" E,:ALONG TIII' EAST RIGIIT-OF-WAY LINE Of- MILWAUKEE AVENUEE' (PREVIOUS RECORD CALL.: N. Of* 43'58 . 3'58" E.), A DIST'ANCE'S OF 292.00 FEET TO A 5/8" IRON ROD FOUND AT" !'I IE SOUI'1IWESI' CORNER OF'TRAC1' .1, WALIIIART SUPERCENTER, AN ADDITION 1'0 TI IE CITY OF LUBBOCK, ACCORDING 1'0 '11 IE \LIP OR PLA71" 1'1IEREOF RECORDED IN PL AT AND DEDICATION NO. 2006024909 OF'11IE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNIY, FORTI I IE MOS I' WESTERLY NOR'1'1IWESI' CORNER OF THIS TRACT; m EXHIBIT A TlIENCI: S. 880 09' 54" E:., ALONG TI I1: SOUP!\ LINE OF SAID'171CT:1, A DISI-ANCI: OI' 915.02 FI 1 1' (PREVIOUS RECORD CALL S. 880 10' 10" 1:., 914.93 FEE -J) -1.0 A 5/8" IRON ROD Arl-11 I CAP MARKED "DUNAWAlAMC , INC" FOUND AT T1 -IF SOU1'1IE::1S'I' CORNER OF SAID 171(:1' A AND 'I'i tE: SOU'11 M -:!;I' CORNER OF LOT 411 OF SAID SPECl71 LUBBOCK SOU -1.1 IWE:ST, FOR A CORNER OF TI IIS'l71C1'; TIIf- -,NCR N. 01° 49'50" E., ALONG TI11's COMMON LINE: OI- SAID'U71Cl* A ,IND Lal' 46, A DISI'.1NC: OE- 282.59 1�1:E I' (PREVIOUS RECORD CAIJ.: N. 01° 49' 50" 1.., 282.78 FI:I 1) TOA 1/2" IRON ROD W111 CAP MARKED EVE RPI.S 4339" SET AT TI Il: WESI' COBIMON CORNER OF SAID I.O'I'S 4A .IND 413 FOR A CORNER OFT] IIS 11i:1CI': '11IENC1: S. 880 IV 10" L'., ALONG TI IL COMMON LINE OF SAID I.O"I'S 4A :IND 413, A DISI'.1NCI: OF 388.52 FEET (PRE:VIOUS RECORD C,1I lz S. 88° 10'10" E., 388.47 IT1:'1) TO A 1/2" IRON ROD WITH CAP U:1RKI:D "ST1:1'I:NS RPU 5 4339" SET Al I'E IE: EAS\ I' COMMON CORNER OF SAID LOTS 4A AND 413 I -OR A CORNER OF T! IIS'171C:1'; THENCE N. 01° 49'05" 1 ., ALONG TI 11: FA9I* LINE OF SAID I.O'I'4A (PREVIOUS RECORD CALL N. 010 49' 14" E.), A 1315I'ANCE 014 271.7] l t:1 C'['O'E'i 14: POINT OF BEGINNING. A-2 f Fl - CA e{S A Il�A i'z - �.�'" Y7� t + __ lUS�- II.� kk_t+y _ R. 1■PPI y P {rI4�'F � � bi � IIr' �a'�f r T �" .'� � f =±; • i i Exhibit B �l/u�bb'ock VALENCIA PUBLIC IMPROVEMENT DISTRICT CITY OF LUBBOCK, TEXAS SERVICE AND ASSESSMENT PLAN August 13, 2015 Exhibit B City of Lubbock, Texas Finance Department Valencia Public Improvement District Service and Assessment Plan June 2, 2015 TABLE OF CONTENTS Section I Plan Description and Defined Terms Section II Property included in the PID Section III Improvement Project Section IV Sources and Uses of Funds Section V Assessment Plan Section VI Terms of the Assessments List of Exhibits Exhibit A The PID Map Exhibit B Maintenance and Services Exhibit C Assessment Roll Exhibit B City of Lubbock, Texas Finance Department Valencia Public Improvement District Service and Assessment Plan June 2, 2015 Section I Plan Description and Defined Terms A. Introduction Chapter 372 of the Texas Local Government Code, Improvement Districts in Municipalities and Counties" (as amended, the "PID Act"), governs the creation of public improvement districts within the State of Texas. The City of Lubbock created the 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, 372.015 and 372.016 of the PID Act. According to Section 372.013 of the PID Act, a service plan "must cover a period of at least five years and must also define the annual indebtedness and the projected costs for improvements. The plan shall be reviewed and updated annually for the purpose of determining the annual budget for improvements." The service plan is included in Section IV of this Service and Assessment Plan. Section 372.014 of the PID Act states that "an assessment plan must be included in the annual service plan." The assessment plan is described in Section V of this Service and Assessment Plan. Section 372.015 of the PID Act states that "the governing body of the municipality or county shall apportion the cost of an improvement to be assessed against property in an improvement district." The method of assessing the Costs of the improvements to the property in the PID is included in Sections V and VI of this Service and Assessment Plan. Section 372.016 of the PID Act states that "after the total cost of an improvement is determined, the governing body of the municipality or county shall prepare a proposed assessment roll. The roll must state the assessment against each parcel of land in the district, as determined by the method of assessment chosen by the municipality or county under this subchapter." The Assessment Roll for the PID is included as Exhibit C of this Service and Assessment Plan. The Assessments as shown on the Assessment Roll are based on the method of assessment described in Section V of this Service and Assessment Plan. The City Council shall make all detenninations 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, 7 Exhibit B City of Lubbock, Texas Finance Department Valencia Public Improvement District Service and Assessment Plan June 2, 2015 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 terms used herein shall have the following meanings. "Annual Service Plan Amendment" has the meaning set forth in the first paragraph of Section IV of this Service and Assessment Plan. "Assessed Property" means, for any year, parcels within the PID. "Assessment" means, with respect to each Parcel, the assessment imposed against such Parcel pursuant to the Assessment Ordinance and the provisions therein, as shown on the Assessment Roll, subject to reallocation among Parcels and reduction according to the provisions herein and the PID Act. "Assessment Ordinance" means the Assessment Ordinance approved by the City Council approving and adopting this Service and Assessment Plan. "Assessment Roll" means the document included in this Service and Assessment Plan as Exhibit C, as updated, modified, or amended annually in accordance with the procedures set forth herein and in the PID Act. "City" means City of Lubbock, Texas. "City Council" means the duly elected governing body of the City. "Costs" mean the actual or budgeted costs, as applicable, of all or any portion of the maintenance of the public improvements, operation, and other supplemental services, as described in Exhibit B of this Service and Assessment Plan. "Developer" means Betenbough 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 PID Act. "Parcel" means a parcel identifed by either a tax map identification number assigned by the Lubbock County Appraisal District for real property tax purposes or by lot and block number in Exhibit B City of Lubbock, Texas Finance Department Valencia Public Improvement District Service and Assessment Plan June 2, 2015 a final subdivision plat recorded in the real property records of Lubbock County, Texas or identified by any other reasonable means determined by the City Council. "PID" has the meaning set forth in the second paragraph of Section I.A of this Service and Assessment Plan. "PID Act" means Texas Local Government Code Chapter 372, Improvement Districts in Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended. "PID Map" means the map included as Exhibit to the Service and Assessment Plan identifying the property included in the PID. "Service and Assessment Plan" means this Service and Assessment Plan prepared for the PID pursuant to Section 372.013, 372,014, 372.015, and 372.016 of the PID Act. Section II Property Included in the PID The PID is located in the City of Lubbock, Texas. A map of the property included in the PID 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 PID. After analyzing the maintenance, operation, and other supplemental services related to the Public Improvements, the City has determined that the maintenance of the public improvements authorized by the PID Act, shown in Exhibit B, should be performed by the City and has further El Exhibit B City of Lubbock, Texas Finance Department Valencia Public Improvement District Service and Assessment Plan June 2, 2015 determined that these maintenance activities will be of special benefit to all the Assessed Property within the PID. A. Maintenance of Public Improvements The total estimated cost of services provided by the District is approximately $30,503 over the next five years. The estimated annual cost rises from $5,861 in FY 2015-16 to $6,345 in FY 2019-20. The District shall not incur bonded indebtedness. The costs are based on a proposed assessment rate of $0.11 per $100.00 of valuation through year 2019. 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 372.013 of the PID Act requires this Service and Assessment Plan to "cover a period of at least five years and must also define the annual indebtedness and the projected costs for improvements. The 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 PID will have no indebtedness and the PID assessments will fund the maintenance of the public improvements, operation, and other supplemental services. The table below shows estimated sources and uses of funds including the projected cost of maintaining the public improvements. Calendar Year^ 2014 2015 2016 2017 2018 2019 Totals Property Values' 7,016,364 10,726,853 14.141.390 14.424,218 14,712,702 15,006,956 S 15,006,956 Discounted Property Values /n; 90°0 7,016,364 9,654,168 12,727,251 12,981,796 13,241.432 13,506.261 13,506 261 Fiscal Year Revenues Interest Earnings Assessment (a $0.11 Total Expense 87th Street Park "Tract A" 1.13 Acres Maintenance of Park 87th Street Median "Tract B" .07 Acres Maintenance of NILdian Electric Costs Adrmntstram a Costs Annual Operation Cost (LCAD Collection Cost and Cost of setting assessments each year) Total Cash Reserve 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 Totals - - 48 90 133 177 449 7.718 10,620 14.000 14.280 14.566 14.857 86,421 7,718 10,620 14,048 14,370 14,699 15,034 S 86,870 2.000 - - - - - 2,000 1.000 - - - - - 1.000 100 2.092 2,134 '_ 177 2.220 2,264 11.026 4.085 3.400 3.468 3.537 3,608 3.680 28.260 7,185 5,492 5,602 5,714 51828 51945 S 42,287 4,394 9,522 17,967 26,623 35,494 44,584 S 44,584 The sources and uses of funds table is subject to revision each year. 5 Exhibit B City of Lubbock, Texas Finance Department Valencia Public Improvement District Service and Assessment Plan June 2, 2015 Section V Assessment Plan The PID was created and the assessment is being levied pursuant to Section 372.015 of the PID Act, "Determination of Assessment." A. Allocation of assessment • Properties will be assessed based on the City's 2015 "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 2015 "net taxable value". Section VI Terms of the Assessments The annual assessment for each parcel within the PID shall be shown on the assessment roll. 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