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G-11-03-24-10A1 - 3/24/2011ORDINANCE NO. E -(L--b--2'H 4 ( . AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF ACQUIRING CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE CHANDLER CREEK BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on or about November 1, 2010, owners of real property located within the proposed Chandler Creek Business Park Public Improvement District delivered to the City a Petition (the "Petition") to create the Chandler Creek Business Park Public Improvement District (the "District") that is described in the field notes and the map attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the City staff and City Council reviewed the Petition and determined that the owners of taxable real property representing more than 50% of the appraised value of the taxable real property liable for assessment under the Petition and owning more than 50% of the area of all taxable real property within the District executed the Petition and that the Petition complies with the Act and authorized the City Council of the City of Round Rock to consider making findings as to the advisability of the creation of the District; and WHEREAS, after providing notices required by Section 372.009 of the Act, the City Council on March 24, 2011 conducted a public hearing on the advisability of the improvements and the creation of the District; and O:Awdox\SCCInts\0112,1104\MUNICIPAL V00216907.DOC/sls WHEREAS, on March 24, 2011, the City Council passed a Resolution which authorized and approved the District and in accordance with its findings as to the advisability of the improvements, recommended and approved the District; and WHEREAS, after notice was provided as required by the Act, the City Council of the City of Round Rock on March 24, 2011 held a public hearing to consider the levy of the proposed assessments on 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 ROUND ROCK, TEXAS THAT: Section 1. 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. Section 2. The action of the City Council closing the March 24, 2011 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 "B". Section 4. The City Council finds that the assessments as set forth in the Assessment Plan, 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 within each class 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 within each class and between all parties concerned considering 2 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. 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 sums of money as listed in the Assessment Plan attached hereto and made a part hereof. Section 6. The sum above mentioned and assessed against the said Property and the owners thereof, 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 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. The assessments shall be due and payable as stated in the Assessment Plan. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof, costs and attorney's fees, shall be enforced by suit in any Court having jurisdiction or by 3 lien foreclosure or both, in the same manner that an ad valorem tax lien against real property may be enforced by a governing body, pursuant to the Texas Tax Code. Section 8. 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. Assessments may be paid in full and a complete release of lien executed by the City as stated in Section 9 of the Assessment Plan. The owner may pay the full and complete amount of the assessment plus interest accrued to the date of payment and upon such payment of principle and interest receive a full and complete release of lien executed by the City. All interest payments on the assessments are calculated to the date of payment. All payments shall be in accordance with the Assessment Plan attached hereto. Section 9. This Ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. 0. 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. 4 Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 4-1- day of 144/11/k) , 2011. Alternative 2. READ and APPROVED on first reading this the day of , 2011. READ, APPROVED and ADOPTED on second reading this the day of , 2011. ATTEST: SARA L. WHITE, City Secretary 1)7 rh ALAN MCGRAW, Mayor City of Round Rock, Texas 5 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 10B1. City Council Agenda Summary Sheet Agenda Caption: Consider an ordinance amending Chapter 1, Section 1-9, Code of Ordinances, by prohibiting nuisances within 5,000 feet of the city limits. (First Reading) Meeting Date: March 24, 2011 Department: Legal Staff Person making presentation: Steve Sheets City Attorney Item Summary: In the past few months, the City's Code Enforcement Office and the Legal Department have received several complaints from city residents regarding problems originating outside the city limits in the extraterritorial jurisdiction. These complaints involve such things as garbage trucks operating early in the morning, noisy roosters, keeping of goats and other livestock, etc. Most City ordinances do not apply outside the corporate limits of the City. However, those ordinances that define and prohibit "nuisances" can be enforced in the ETJ. Some of the above mentioned activities have been declared to be "nuisances" by city ordinance. Section 217.042 of the Local Government Code provides that a city may define and prohibit any nuisance in the city limits and within 5,000 feet outside the city limits. This ordinance will make it clear that the City intends to enforce nuisance ordinances within 5,000 feet of the city limits, as permitted by the Local Government Code. Adoption of this ordinance would make it absolutely clear that the City has the authority to issue misdemeanor citations to persons in the ETJ who are guilty of engaging in activity that has been defined as a "nuisance." Strategic Plan Relevance: Prohibiting nuisances promotes goals No. 30.0 Public Safety and Security and No. 32.0 Public Health. Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): N/A Recommended Action: Adoption RECORDED DOCUMENT FOLLOWS 111111111111111111111111111111111111111111111111111111111111 ORD 7 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2011028982 I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. G -11-03-24-10A1 which closes hearing and levying assessments for the cost of acquiring certain improvements to be provided in the Chandler Creek Business Park Public Improvement District. This ordinance was approved and adopted by the Round Rock City Council at a regular meeting held on the 24th day March 2011 and recorded in the City Council Minute Book 59. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 4th day of May 2011. SARA L. WHITE, TRMC, City Secretary ORDINANCE NO. E -li-6S-21-10k1 . AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF ACQUIRING CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE CHANDLER CREEK BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on or about November 1, 2010, owners of real property located within the proposed Chandler Creek Business Park Public Improvement District delivered to the City a Petition (the "Petition") to create the Chandler Creek Business Park Public Improvement District (the "District") that is described in the field notes and the map attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the City staff and City Council reviewed the Petition and determined that the owners of taxable real property representing more than 50% of the appraised value of the taxable real property liable for assessment under the Petition and owning more than 50% of the area of all taxable real property within the District executed the Petition and that the Petition complies with the Act and authorized the City Council of the City of Round Rock to consider making findings as to the advisability of the creation of the District; and WHEREAS, after providing notices required by Section 372.009 of the Act, the City Council on March 24, 2011 conducted a public hearing on the advisability of the improvements and the creation of the District; and O:\wdox\SCCtnts\0112\ 11041MUNICIPAL\00216907.DOCJsIs WHEREAS, on March 24, 2011, the City Council passed a Resolution which authorized and approved the District and in accordance with its findings as to the advisability of the improvements, recommended and approved the District; and WHEREAS, after notice was provided as required by the Act, the City Council of the City of Round Rock on March 24, 2011 held a public hearing to consider the levy of the proposed assessments on 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 ROUND ROCK, TEXAS THAT: I. Section 1. 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. Section 2. The action of the City Council closing the March 24, 2011 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 "B". Section 4. The City Council finds that the assessments as set forth in the Assessment Plan, 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 within each class 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 within each class and between all parties concerned considering 2 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. 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 sums of money as listed in the Assessment Plan attached hereto and made a part hereof. Section 6. The sum above mentioned and assessed against the said Property and the owners thereof, together with reasonable attomey's fees and costs of collection, if incurred, are hereby declared to be and are made a first, prior and superior lien upon the 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. The assessments shall be due and payable as stated in the Assessment Pian. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof, costs and attorney's fees, shall be enforced by suit in any Court having jurisdiction or by 3 lien foreclosure or both, in the same manner that an ad valorem tax lien against real property may be enforced by a governing body, pursuant to the Texas Tax Code. Section 8. 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. Assessments may be paid in full and a complete release of lien executed by the City as stated in Section 9 of the Assessment Plan. The owner may pay the full and complete amount of the assessment plus interest accrued to the date of payment and upon such payment of principle and interest receive a full and complete release of lien executed by the City. All interest payments on the assessments are calculated to the date of payment. All payments shall be in accordance with the Assessment Plan attached hereto. Section 9. This Ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. 11. 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. 4 Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this'ib day of Vte4/1 , 2011. Alternative 2. READ and APPROVED on first reading this the _ day of , 2011. READ, APPROVED and ADOPTED on second reading this the day of 2011. ATTEST: SARA L. WHITE, City Secretary O' ith 4,, --- ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Ordinance No. G -11-03-24-10A1 Chandler Creek PID AFTER RECORDING, PLEASE RETURN TO: ,-,\ CITY OF ROUND ROCK ATTN: CITY SECRETARY 221 E. MAIN STREET RouND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2011028982 05/04/2011 03:25 PM KFOSTER $40.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS