HomeMy WebLinkAboutORD 2001-42 - Village PID #1ORDINANCE ! 0
AN ORDINANCE CLOSING PUBLIC HEARING 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.
050801 -AA -1 approved by the City Council on May 8, 2001, the City Council authorized the inclusion
of certain real property into the Georgetown Village 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 June 26, 2001 to consider the levy of the proposed reassessments on said real property
within the District was accomplished; 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 June 26, 2001, 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 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 June 26, 2001 public hearing in these proceedings is
hereby ratified and confirmed.
Ordinance No.
Georgetown Village Section 313
Page f of
N
The City Council hereby approves the Assessment Plan (the "Assessment Plan") attached hereto
as Exhibit "A"
IlLTA
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 benefitted 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.
VI.
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
Ordinance No. A001 � V
Georgetown Village PID #1 Levy of Assessments
Georgetown Via•- Section
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.
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.
Ordinance No.C>?0alm,, 414Z
Georgetown Village PID #1 Levy of Assessments
Georgetown Village Section 3B
Page,J of 4
READ and APPROVED on first reading this the 26`h day of June, 2001,
READ, APPROVED and ADOPTED on second reading this the 10'h day of July, 2001.
CITY OF GEORGETOWN
By: 6
` Mary llen Kersch; Mayor
ATTEST:
D. Lee, City Secretary
APPROVED AS TO FORM:
Attorney
Ordinance No. .20 Z`_
Georgetown Village PID #1 Levy of Assessments
Georgetown Village Section 313
Page 4 of
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. 050801 -AA -1
which authorized the inclusion of 20.18 acres into the Georgetown
Village Public Improvement District (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 parks, recreational facilities, alleyways, lighting,
landscaping and related improvements.
The services to be provided by
shall consist of those necessary
operation of the District, including
collecting assessments.
Section 2. Assessment Plan.
the District (the "Services")
for the administration and
those of the City, in annually
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.
J:\REAL ESTATE\GEORGETOWN VILLAGE\PID\SECTION 3S ASSESSMENT PLAN (EX. A TO ASSESS ORD)Jcdc
Section 3.
Assessment Roll
The District is described as being those properties described
in Exhibit "B", attached hereto and incorporated herein.
Section 4. Annual Indebtedness.
The Annual Indebtedness, including Improvement
Administrative costs of the District, is $85,426.00.
Section 5. Levy of Assessments
and
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
installment being due on January 31, 2000 and each subsequent
annual Assessment shall be delinquent if not paid prior to January
31 of the year such annual Assessment id 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 (120) 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.
J:\REAL ESTATE\GEORGETOWN VILLAGE\PID\SECTION 38 ASSESSMENT PLAN (EX. A TO ASSESS ORD)/cdc
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 (15o)
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.