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History of Residential Lease Rates at
Possum Kingdom Lake

1942 "Camp sites" are leased with a minimum consideration of $12 annually per site.
 
1952 Annual camp site lease remains at $12 annually. A $10 transfer fee is implemented.
 
1960  BRA refers to leases as "cottage site" lease. The transfer fee is set at $20.
   
1962  Lease rate set at $50 with a maximum of $150.
   
1966 Board agrees to pay Palo Pinto County $300 per month toward the salary of one deputy sheriff.
   
1968 Board establishes a Commercial Lease rate to include adjustments each five years. Board also votes to begin charging a fee of $25 to restake the boundaries of cottage sites leases as requested. Average lease rate for leases expiring in 1969 is $97 per year.
   
1970 As the first group of 20 year leases come to an end, the Board of Directors (BOD) discusses the allowable length of lease. They establish a “standard” cottage site rental rate of $200 a year to be used as a “yardstick” against which all cottage site leases would be measured. The Board requested that the Lake Management Committee review this standard rate every two years and make recommendation to the Board regarding adjustment of the rate.
   
  BOD votes to allow lease rate adjustments in the 2nd 10 year period of the 20 year lease. The adjustment will be no more than 150 percent of the rate of the first 10 years. The optional 10 year extension would not exceed 200 percent of the second 10 year rate.
   
1971  BOD agrees to pay Palo Pinto County $350 per month toward the salary of two deputy sheriff’s positions.
The Possum Kingdom Lake Association addresses the Board.
   
1980  Report to the Board showing there had been a cost of living increase of 110 percent since the last lease rate increase. Basic lease rate was raised from $200 to $220 per year.
   
1986  Board changes the standard lease rate to $300 with a minimum of $100.
   
1988  Board changes the standard lease rate to $350 with a minimum of $100. At this time the Board votes to change standard leases to indicate a rate change every five years.
   
1990  Solid waste disposal fee set at $120 annually for lessees.
   
1992 A standard rate of $400 is established reflecting an area of 100 feet of water front and suitable access. Other sites are measured against the standard. Larger sites will command a higher rental; smaller sites or those with poorer water frontage will be charged less. Sites accessible only by boat will pay lower rentals as will though at the extreme upper end of the lake where water is shallow.
   
1996 Rental of a standard cottage site is currently $550 per year.
   
1999  Board contracts Tennessee Valley Authority for an overall assessment of the lake, leasing policies and future development.
   
2001 Board of Directors discusses developing a methodology to guide the Lake Management Committee in the future. The six potential scenarios included lease rates moving to 6 percent of the appraised value not including improvements.
   
2001 BOD approved methodology using current available land assessments from the county tax offices. Implementation was postponed until January 1, 2003. A senior discount of 10 percent reduction of rental fees was implemented for all customers registered with the county as over 65 years of age and homestead property.
   
January, 2003 Leases were billed using the approved methodology and the county assessed values for 2002.
   
April, 2003 Palo Pinto County assessed land values for 2003 with a significant increase over the previous year’s rate.
   
August, 2003 BOD suspended the use of the current methodology (moratorium).
   
October, 2003 Moratorium was released by BOD and the current methodology reinstated; however, instead of using the 2003 land values to base the calculation, the 2002 value would be used. This methodology using the 2002 land value would be used for billing throughout 2003 - 2007, including the 10 percent Senior Discount.
   
July, 2006 BOD approved a new 50-year Residential Ground Lease with a new rate methodology based on the county’s current assessed land values and set to begin January 1, 2008.
   
  Those lessees who chose to convert their current leases prior to October 1, 2007 would receive a two percent start rate. Those rates would increase on five year intervals by one percent until a maximum of six percent was attained in 30 years.
   
October, 2006  Lessees are mailed information the new 50-year lease and given a choice of converting early to receive discounted (1%) rate.
   
2006-2007  Lessees begin seeking political assistance via legislation to purchase their leased BRA property and voice their complaints against the new lease rate methodology.
   
January, 2007 Legislature convenes, begins consideration of lessee driven divestiture legislation.
   
March, 2007 BOD votes to stop issuing 50-year leases effective immediately. Lessees requiring a new lease for financing are issued an old 20-year term with a 10-year extension.
   
May, 2007  Legislative session ends without passage of a divestiture bill.
   
July, 2007  BOD votes to direct staff to develop a sale process for leased lots.
The BOD votes to replace 50-year lease term returning to the 20 years with an option for a 10-year extension. The lease form is modified to implement the now effective rate methodology.
   
  The BOD also states that beginning January 1, 2010, the BRA will begin using market or appraised values for the basis of the lease rate rather than the county’s assessed value. The Senior Discount was discontinued pending an opinion from the Attorney Generals office regarding the legality of the rate.
   
October, 2007 Staff presents BOD with draft divestiture policy and places draft policy on website for public review.
   
April, 2008  Staff reports progress of draft divestiture policy to BOD and identifies several barriers to implementation of policy.
   
  BOD directs staff to investigate possibility of divesting of all leased property to a third party via an all-inclusive sale, with the stipulation that protections must be guaranteed in the sale for the lessees.--Staff IS NOT directed to sell property, only to explore the all-inclusive option.
   
May, 2008  BOD adopts lessee protections to be included in any possible all inclusive sale. The protections adopted include requirements placed on a third-party purchaser, such as:
   
 
  • a third-party purchaser must acknowledge and accept the terms and conditions of all existing leases on lands that are part of the sale,
  • a third-party purchaser must maintain the lease rate methodology adopted by the BRA Board in July of 2007 for eight (8) years. Rates may be based upon assessed rather than appraised values, at the option of the third party purchaser,
  • a third party purchaser must provide each lessee a period of eight (8) years to purchase their leasehold property from the third party purchaser, or its successor
  • a purchase price of any sale to the lessee will be for the value of the leased land only and will not include the value of improvements such as homes, docks and patios. The cost of the land purchase will be for no more than the fair market value of the unencumbered fee simple estate, and
  • a third-party purchaser will extend the term of any lease as necessary to allow each lessee the full eight-year (8) period of time to purchase their leased lot.

   
 

BOD passes a resolution effective May 20, 2008 placing a temporary moratorium on new leases including those requested for financing purposes. Leases that expire are to be renewed for one-year extension agreements.

   
January 8, 2009  Request for Bids posted
   
April 13, 2009  Bid awarded to Patterson PK Land, Inc.
   
May 27, 2009  Texas Legislature passes HB 3031 allowing for the potential sale of leased property at PK to individual lessees should a 3rd party sale fall through.
   
July 27, 2009  Authority Board of Directors ratifies a contract with Patterson PK Properties, Inc. for sale of leased residential properties and some commercial properties. A closing date is set for July 30, 2011.
   

 



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