HomeMy WebLinkAboutORD 2009-12 - Hearing Assessments GVPID.moi i #•> i !: ,! ..# � ,
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.
011309 -JJ approved by the City Council on January 13, 2009, the City Council authorized the
inclusion of certain real property (consisting of a 129.5274 acre tract and known as Section 9 of the
Georgetown Village Planned Unit Development Subdivision) 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 February 24, 2009 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
landowners 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 February 24, 2009 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.
Ordinance No.
Georgetown Village PID #1 Levy of Assessments
Georgetown Village PUD Section 9
Page 1 of 7
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.
The action of the City Council closing the January 13, 2009 public hearing in these
proceedings is hereby ratified and confirmed.
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.
a
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.
Ordinance No. 01001 -1 a
Georgetown Village PID #1 Levy of Assessments
Georgetown Village PUD Section 9
Page 2 of 7
M
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 of 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.
VII.
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.
Vlll.
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.
10
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.
1a
This Ordinance shall take effect immediately from and after its passage and it is accordingly
Ordinance No. ao0q. 12
Georgetown Vil age PID #1 Levy of Assessments
Georgetown Village PUD Section 9
Page 3 of 7
A. All ondinancea, poda of ordinances, or resolutions in conflict herewith are expressly
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 Ofthe meeting atwhich 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 fDnna||y acted upon' all as required by the (]pen
Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act.
READ and APPROVED on first reading on February 24, 2009.
READ, APPROVED and ADOPTED on second reading on 10 2009.
CITY OF OVVN
By: 22- - -
GeorgeZ. Garver, Mayor
�
Hamilton
Patricia E. Caris, City Attorney
City of Georgetown
Ordinance No.07Q071A
Georgetown Village PID #1 Levy of Assessments
Georgetown Village PUD Section A
Page 4of7
IWA111410-11
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 January 13, 2009 the City of Georgetown
(the "City") passed Resolution No. 011309 -JJ which authorized the inclusion of 129.5274
acres (Section 9 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 "I", attached
hereto and incorporated herein.
Ordinance No. Q 00 of - la
Georgetown Village PID #1 Levy of Assessments
Georgetown Village PUD Section 9
Page 5 of 7
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
$10,488,971.00.
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 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"). There is also to be levied by the City a one-time
assessment of $1000.00 per lot as a Capital Improvement Assessment, to be payable
once the lot is sold at closing.
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 (11%) 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.
Ordinance No. Q000E I
Georgetown Village PID #1 Levy of Assessments
Georgetown Village PUD Section 9
Page 6 of 7
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
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 No. POW? -1
Georgetown Village PID #1 Levy of Assessments
Georgetown Village PUD Section 9
Page 7 of 7
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Proposed PID Expansion
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EXAS
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