Residential Disclosures From Sellers And Lenders Page 39
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100Residential Disclosures from Sellers
§49.452, WATER CODE. STATUTORY TAX DISTRICTS. The required notice is one of the following
three notices, depending on the location of the district boundaries:
(b) The prescribed notice for districts located in whole or in part in the extraterritorial jurisdiction of one
or more home-rule municipalities and not located within the corporate boundaries of a municipality shall be executed
by the seller and shall read as follows:
"The real property, described below, that you are about to purchase is located in the __________ District. The district has taxing
authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited amount of bonds and levy an
unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located in the district is
$__________ on each $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of tax, as of this date, is
$__________ on each $100 of assessed valuation. The total amount of bonds, excluding refunding bonds and any bonds or any portion of
bonds issued that are payable solely from revenues received or expected to be received under a contract with a governmental entity, approved
by the voters and which have been or may, at this date, be issued is $__________, and the aggregate initial principal amounts of all bonds
issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is $__________.
"The district has the authority to adopt and impose a standby fee on property in the district that has water, sanitary sewer, or
drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon
and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an
election on the matter. As of this date, the
most recent amount of the standby fee is $__________. An unpaid standby fee is a personal obligation of the person that owned the property at
the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if
any, of unpaid standby fees on a tract of property in the district.
"The district is located in whole or in part in the extraterritorial jurisdiction of the City of __________. By law, a district located in
the extraterritorial jurisdiction of a municipality may be annexed without the consent of the district or the voters of the district. When a district
is annexed, the district is dissolved.
"The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through
the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of
your property, and these utility facilities are owned or to be owned by the district. The legal description of the property you are acquiring is as
follows:
________________________________________________________________
__________________________
(Date)
________________________________
Signature of Seller
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE
DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE
DISTRICT. PURCHASER IS ADVISED TO
CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION
SHOWN ON THIS FORM.
"The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for
the purchase of the real property described in such notice or at closing of purchase of the real property.
________________________________________________________________
__________________________
(Date)
________________________________
Signature of Purchaser
"(Note: Correct district name, tax rate, bond amounts, and legal description are to be placed in the appropriate space.) Except for
notices included as an addendum or paragraph of a purchase contract, the notice shall be executed by the seller and purchaser, as indicated. If
the district does not propose to provide one or more of the specified facilities and services, the appropriate purpose may be eliminated. If the
district has not yet levied taxes, a statement of the district's most recent projected rate of tax is to be placed in the appropriate space. If the
district does not have approval from the commission to adopt and impose a standby fee, the second paragraph of the notice may be deleted. For
the purposes of the notice form required to be given to the prospective purchaser prior to execution of a binding contract of sale and purchase, a
seller and any agent, representative, or person acting on the seller's behalf may modify the notice by substitution of the words 'January 1, ___'
for the words 'this date' and place the correct calendar year in the appropriate space."
35
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