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HomeMy WebLinkAboutORD 2012-74 - Levying Assessment Village PIDAN ORDINANCE ! , HEARING1 LEVYING THE ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS IN THE GEORGETOWN .•! DISTRICT CHARGES AND LIENS AGAINST THE PROPERTY LOCATED IN SECTION 6 OF !' ! PLANNED UNIT DEVELOPMENT SUBDIVISION AND INCLUDED IN THE DISTRICT AND AGAINST THE OWNERS . i PROVIDING i COLLECTION OF ASSESSMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVING CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIOVS. WHEREAS, the City of Georgetown, Texas (the "City") is authorized under Chapter 372 of the Texas Local Government Code to create a public improvement district within its corporate limits and within its extraterritorial jurisdiction; and WHEREAS, pursuant to Chapter 372 of the Local Government Code and Resolution No. 062612-M approved by the City Council on June 26, 2012, the City Council authorized the inclusion of certain real property (consisting of a 32.59 acre tract and known as Section 6 of the Georgetown Village Planned Unit Development Subdivision) into the Georgetown Village Public Improvement District 41 (the "District"); and WHEREAS, pursuant to Chapter 372 of the Local Government Code, the statutory notice of a public hearing on November 27, 2012 to consider the levy of the proposed assessments on said real property within the District was published in the Williamson County Sun and mailed to the landowner in the District; and WHEREAS, after notice was provided as required by Chapter 372 of the Local government Code, the City Council of the City of Georgetown on November 27, 2012 held a public hearing to consider the levy of the proposed assessments on said property within the District, heard and passed on any objections to the proposed assessments and closed the public hearing. NOW ' O' BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITYO,, GEORGETOWN, , Section 11. All matters stated in the preamble of this Ordinance are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirely; Section 2. The action of the City Council closing the November 27, 2012 public hearing in these proceedings is hereby ratified and confirmed. Section 3> The City Council hereby approves the Assessment Plan (the "Assessment Plan") attached hereto as Exhibit "A' Section 4. The City Council finds that the assessments as set forth in the Assessment Plan, attached hereto as Exhibit "A ", 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 improvements in the District for which such assessments and levied, and establish substantial justice and equality and uniformity between the respective owners to the respective properties and between all parties concerned considering the benefits received and burdens imposed, and further finds that in each case the property assessed is specially benefited by means of the said improvements in the District, and further finds that the apportionment of the cost of the services is in accordance with the law in force in this City and State and the proceedings of this City heretofore had with reference to the formation of the District and the imposition of the assessments for said improvements are in all respects valid and regular. Section 5. 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 assessments as listed in Exhibit "A " attached hereto and made a part hereof. Section 6. The assessments above mentioned and assessed against the said parcels of property and the owners thereof, plus penalties and interest as stated in Section 33.01 et seq. of the Texas Tax Code, V.A.T.S., together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a first, prior and superior lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims except State, County, School District and City ad valorem taxes. Section 7. That where more than one person, firm or corporation owns an interest in any final platted residential lot, each said person, firm or corporation shall be personally liable only for its, his or her pro rata share of the total assessment against the lot in proportion as its, his or her respective interest bears to the total ownership of the lot, and its, his or her respective interest in the lot may be released from the assessment lien upon payment of such proportionate sum. Section 8. 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 penalties and interest authorized in Section 6 above, costs and attorney's fees, shall be enforced by suit in any Court having jurisdiction or by lien foreclosure or both. Ordinance oof 6 -. Description: Gtown Village D Sec 6 Assessment - Date 2012 Section 9. All assessments levied are a personal liability and charge against the real and true owners of the premised described notwithstanding such owners may not be named, or may be incorrectly named. Section 10. This Ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. Section 11. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 12. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. M:i�l�iT/_���:Zi�tl�3r'i�i'��Tii'i'T3�iil�ii 'T� . � i►`[i1�13ii1T3i�TI�►�IIjG• READ and APPROVED on second reading on day of ATTEST. Je�si�a Brettle Secretary E d Bridget ChapmnZ,` Acting City Attorney George G. Garver, Mayor Ordinance a Page Description: Gtown . • PID See , Assessment DateApproved: 2012 I04:I1001':Y1I=\ Chapter 372 of the Local Government Code of the State of Texas, known as the "Public Improvement Assessment Act" (the "Act"), authorizes and defines the formation of a Public Improvement District within the State of Texas. By action taken by their City Council, on June 26, 2012 the City of Georgetown (the "City") passed Resolution No. 011309 -JJ which authorized the inclusion of 32.59 acres (Section 6 of the Georgetown Village PUD) into the Georgetown Village Public Improvement District #1 (the "District"). In compliance with the requirements outlined in various sections of the Act, the Assessment/Service Plan for the District is defined herein. Section 1. Improvements and Services to be Provided to the District After analyzing the improvements authorized by the Act, the City determined that the following improvements (the "Improvements") which are allowed by the Act should be provided within the District and will be of special benefit to the property described herein within the District. As such, the City authorized the acquisition, maintenance and construction of the Improvements, which are described as follows: The acquisition, construction, operation, repair and maintenance of non -city parks, recreational facilities, alleyways, lighting, landscaping and related improvements. The services to be provided by the District (the "Services") shall consist of those necessary for the administration and operation of the District, including those of the City, in annually collecting assessments. Section 2. Assessment Plan After analyzing the assessment methods allowed under the Act, the City has determined to allocate costs based upon appraised value that said assessments are based on the benefits of the Improvements, that the assessments are fair and equitable and is the most reasonable means of allocating the costs of the services to be provided annually to the District. Section 3. Assessment Roll The District is described as being those properties described in Exhibit "1 ", attached hereto and incorporated herein. Ordinance Number:; Page 4 of ,. Description:t ,. PID Sec i Assessment Date rpe s: IYL It 2012 Section 4. Annual Cost of Maintenance The estimated annual cost for maintaining the non -City improvements within the District for 2009 is $183,790.00, not including interest. The estimated cost for the acquisition and construction of the non -City improvements within the District is $1044885971.00. Section 5. Levy of Assessments There is to be levied by the City an assessment of $0.20 per $100 valuation to pay the annual costs of the Improvements. Each annual Assessment, together with interest in the unpaid amount of each Assessment, shall be due and payable on or before January 31, of each year (the "Installment Payment Date") with the first annual assessment occurring January 1 after adoption of this ordinance, and each subsequent annual Assessment shall be delinquent if not paid prior to January 31 of the subsequent year such annual Assessment is due (the "Delinquency Date"). As authorized by Section 372.003(14) of the Act, there shall be levied each year an Assessment to pay the annual costs of the administration and operation of the District. This levy shall remain in effect from year to year until the City adjusts the levy after a hearing and a determination of benefits in any year pursuant to Section 372.015(d) of the Act. Section 6. Interest of Delinquent Annual Assessments A delinquent Assessment will accrue interest at the rate of One percent (1%) for each month or portion of a month the Assessment remains unpaid after it becomes delinquent. Section 7. Penalties A delinquent Assessment incurs a penalty of six percent (6%) of the annual Assessment for each calendar month or fraction thereof it is delinquent plus one percent (1%) from each additional month or fraction thereof the Assessment remains unpaid prior to January 31 of the year in which it becomes delinquent, however, an Assessment delinquent on July 1 of the year in which the Assessment is due 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. Penalties shall not exceed the amount permitted by Chapter 372 of the Code. Section 8. Additional Penalties If an Assessment remains delinquent on July 15 in the year in which the Assessment became delinquent, there shall be imposed an additional penalty to defray costs Ordinance of • r r , - Date Approved: -2012 of collection if it necessary for the City to contract with an attorney for the purposes of representing the City in the collection of the delinquent Assessment. The additional penalty shall be fifteen percent (15%) of the annual Assessment and the penalties and interest on the annual Assessment. Penalties shall not exceed the amount permitted by Chapter 372 of the Code. Section 9. Lien for Collection of Assessments Assessments together with interest, penalties and expense of collection and reasonable attorney fees, as permitted by the Code, shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district or municipal ad valorem taxes, and shall be a personal liability of and a charge against the owner of the property regardless of whether the owners are named. The lien for Assessments and the penalties and interest is effective from the date of the Ordinance levying the Assessments until the Assessment is paid, and shall be enforced by the City in the same manner provided by the Texas Tax Code, V.A.T.S. for collecting ad valorem taxes on real property. Section 10. Applicability of Tax Code To the extent not inconsistent with the Ordinance levying Assessments, and not inconsistent with Chapter 372 of the Code or the other laws governing public improvement districts, the provisions of the Texas Tax Code, V.A.T.S. shall be applicable to the imposition and collection of Assessments by the City. Ordinance t`Page 6 of 6 Description: Gtown Village PID Sec 6 Assessment Date Approved: i 't.