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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.