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.
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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.