HomeMy WebLinkAboutORD 2002-30 - PUD AssessmentOR D • 11►61
AN ORDINANCE CLOSING PUBLIC FEARING AND LEVYING THE
ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS IN THE
GEORGETOWN VILLAGE PUBLIC IMPROVEMENT DISTRICT #1; FIXING
CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND
AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF
THE ASSESSMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, pursuant to Chapter 372 of the Local Government Code and Resolution No. 032602-R
approved by the City Council on March 26, 2002, the City Council authorized the inclusion of certain real
property (consisting of a 16.2540 acre tract and known as Section 5 of the Georgetown Village Planned Unit
Development) into the Georgetown Village Planned Unit Development Public Improvement District #1 (the
'District"); and
WHEREAS, pursuant to Chapter 372 of the Local Government Code, the statutory notice of a public
hearing on May 1, 2002 to consider the levy of the proposed reassessments on said real property within the
District was published 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 May 14, 2002 held a public hearing to consider the leery 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 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
I.
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 entirety.
II.
The action of the City Council closing the May 14, 2002 public hearing in these proceedings is hereby
ratified and confirmed.
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The City Council hereby approves the Assessment Plan (the "Assessment Plan") attached hereto as
Exhibit "A ".
IV.
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 are 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 the 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.
V.
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.
01
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
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other liens and claims except State, County, School District and city ad valorem taxes.
VII.
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.
VIII.
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.
IX.
This Ordinance shall take effect immediately from and after its passage and it is accordingly so
ordained.
X.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or
provisions thereof.
C. 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.
READ and APPROVED on first reading on May 14, 2002.
READ, APPROVED and ADOPTED on second reading on' "U , 2002.
1
CITY OF
By:
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Mayor
ATTEST:
D. Lee, City Secretaiy
APPROVED AS TO FORM:
P c.n rG
Patricia $. Carts, City Attorney
City of Georgetown
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EXHIBIT A
GEORGETOWN VILLAGE PUBLIC IMPROVEMENT DISTRICT
ASSESSMENT/SERVICE PLAN
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 May 8, 2001, the City of Georgetown (the "City")
passed Resolution No. 032602-R which authorized the inclusion of 16.2540 acres into the
Georgetown Village Planned Unit Development 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 constriction 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 'B", attached hereto
and incorporated herein.
Section 4. Annual Cost of Maintenance.
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The estimated annual cost for maintaining the non -City improvements within the District for
2002 is $96,332, not including interest.
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 building completion, 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 Lentil 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 (M) 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 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
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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.
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