Loading...
G-99-01-14-13C1 - 1/14/1999ORDINANCE NO. g qq_01_)Li_ C / AN ORDINANCE CLOSING HEARING AND LEVYING THE ASSESSMENTS OR THE COST OF CERTAIN IMPROVEMENTS IN THE ENCINO PLAZA 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; 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. R -96-12-12-10C and Ordinance No. G -97-02-27-9F approved by the City Council on December 12, 1996 and February 27, 1997, respectively, the City Council authorized the creation of the Encino Plaza Public Improvement District (the "District") and levied assessments on the property owners within such District to pay for the public improvements necessary to encourage commercial development within the area; and WHEREAS, certain properties within the District have been further subdivided to enable further development and additionally certain property owners within the District have prepaid their assessment; and WHEREAS, pursuant to Sections 372.013(b), 372.015(d) and 372.018 of the Local Government Code, and due to the subdivision of lots and prepayment of certain assessments, the City Council must review the assessment/service plan and hold a public hearing regarding any changes in such plan; and WHEREAS, pursuant to Chapter 372 of the Local Government Code, the proposed assessment roll and service plan was filed with the City Secretary, and the statutory notice of a public hearing on K:\WPDOCS\ORDINANC\090114C1.WPD/cdc January 4, 1999 to consider the levy of the proposed reassessments on 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 Round Rock on January 14, 1999, held a public hearing to consider the levy of the proposed reassessments on property within the District, heard and passed on any objections to the proposed reassessments and closed the public hearing; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 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 December 10, 1998 public hearing in these proceedings is hereby ratified and confirmed. III. The City Council hereby approves the amendment to 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, as amended, 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 2 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 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 sums of money as listed in Exhibit "A" attached hereto and made a part hereof shown opposite the description of the respective parcels of property, and the several amounts assessed against the same, and the owners thereof. VI. The several sums above mentioned and assessed against the said parcels of property and the owners thereof, plus interest thereon at the rate of interest paid by the City on the Bonds used to finance the improvements, per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby 3 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. 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 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. The owner may pay the full and complete amount of the assessment plus interest accrued to the date of payment which date shall be an interest payment date on the Bonds 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. 4 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. Ntii READ and APPROVED on first reading this the day of , 1999 READ, APPROVED and ADOPTED on day of , 1999. ATTEST: ANNE LAND, City Secretary 5 second reading this the EXHIBIT "A" AMENDMENT NO. 1 TO ENCINO PLAZA PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN DATED DECEMBER 10, 1998 Chapter 372 of the Local Government Code and Section 3 of the "Encino Plaza Public Improvement District Assessment/Service Plan" adopted by the City on February 27, 1997 (the "Assessment/Service Plan") authorize the adjustment and reassessment of properties within the Encino Plaza Public Improvement District (the "District") upon further subdivision of land parcels and due to prepayments of assessments. I. This Amendment No. 1 shall only amend the section of the Assessment/Service Plan so revised above. All other terms and provisions of the Assessment/Service Plan shall continue in full force and effect. II. Exhibit "C" to the Assessment/Service Plan is amended to read as shown in Exhibit "A", attached hereto. The assessments for 1998 shall be considered delinquent if not paid by February 28, 1999. Location Block A Lot 1 Lot 2 Block B Lot 1-A Lot 2-A Lot 3A-1 Lot 3A-2 Lot 3A-3 EXHIBIT "A" Assessment Initial Total Allocation Assessment Annual Acres % Liability Assessment 2.791 0.15925975 378,285 50,520 1.312 0.07486530 177,825 23,749 4.103 0.23412505 556,110 74,269 1.742 0.08511287 202,166 26,999 2.712 0.13250637 314,738 42,033 2.020 0.09869575 234,429 31,308 1.540 0.07524329 178,723 23,869 2,435 0.11897236 282,591 37.740 10.449 0.51053065 1,212,648 161,950 Block B Lot 3A-4 unassigned cost Block C Lot 1 Lot 2-A Lot 2-B 1.148 0.05158684 122,533 1.825 0.10088372 239,626 1.861 0.10287375 244,353 4.834 0.25534431 606,512 Total Current 19.386 1.00000001 2,375,270 Encino Plaza 16,364 32,002 32, 633 81,000 317,218 Date: Subject: Item: January 11, 1999 City Council Meeting, - January 14, 1999 13.C.1. Consider an ordinance closing the hearing and levying reassessments for cost of certain improvements provided within the Encino Plaza Public Improvement District. (First Reading) The reassessment plan is to recognize the further subdivision of lots within the PID and to release the assessment lien for those property owners prepaying assessments. Water, wastewater, street and drainage improvements within the PID have been completed at a cost of $2,690,000. Staff Resource Person: Joe Vining, Planning Director. The proposed method of assessment shall remain the same as approved on February 27, 1997 which established two classes, Class A and Class B. Class A is assessed 88.3% of the total cost of improvements, including financing costs. The Class B property owners have prepaid their assessment which was originally assessed at 11.7% of the total cost of improvements, including financing costs. The method of assessment for Class A shall be based upon the ratio of the appraised value of each Class A lot to the appraised value of all lots within Class A. This ratio shall then be applied to the Class A share of the costs of improvements, including financing costs. The Class A properties, and the proposed percentage of assessments, are listed below: Assessment Initial Total Allocation Assessment Annual Location Acres % Liability Assessment Block A Lot 1 2.791 0.15925975 378,285 50,520 Lot 2 1.312 0.07486530 177,825 23,749 4.103 0.23412505 556,110 74,269 Block B Lot 1-A 1.742 0.08511287 202,166 26,999 Lot 2-A 2.712 0.13250637 314,738 42,033 Lot 3A-1 2.020 0.09869575 234,429 31,308 Lot 3A-2 1.540 0.07524329 178,723 23,869 Lot 3A-3 2.435 0.11897236 282,591 37,740 10.449 0.51053065 1,212,648 161,950 Block B Lot 3A-4 unassigned cost Block C Lot 1 1.148 0.05158684 122,533 16,364 Lot 2-A 1.825 0.10088372 239,626 32,002 Lot 2-B 1.861 0.10287375 244,353 32,633 4.834 0.25534431 606,512 81,000 Total Current 19.386 1.00000001 2,375,270 317,218 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK DOC# 9914142 I, JOANNE LAND, Assistant City Manager/ 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 and that the above and foregoing is a true and correct copy of Ordinance No. G -99-01-14-13C1 which was passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 14th day of January 1999 as recorded in the minutes of the City of Round Rock in Book 39. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 1St day of March 1999. NNE LAND, Assistant City Manager/ City Secretary ORDINANCE NO. p_qq_01_)Li_13c1 AN ORDINANCE CLOSING HEARING AND LEVYING THE ASSESSMENTS OR THE COST OF CERTAIN IMPROVEMENTS IN THE ENCINO PLAZA 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; 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. R -96-12-12-10C and Ordinance No. G -97-02-27-9F approved by the City Council on December 12, 1996 and February 27, 1997, respectively, the City Council authorized the creation of the Encino Plaza Public Improvement District (the "District") and levied assessments on the property owners within such District to pay for the public improvements necessary to encourage commercial development within the area; and WHEREAS, certain properties within the District have been further subdivided to enable further development and additionally certain property owners within the District have prepaid their assessment; and WHEREAS, pursuant to Sections 372.013(b), 372.015(d) and 372.018 of the Local Government Code, and due to the subdivision of lots and prepayment of certain assessments, the City Council must review the assessment/service plan and hold a public hearing regarding any changes in such plan; and WHEREAS, pursuant to Chapter 372 of the Local Government Code, the proposed assessment roll and service plan was filed with the City Secretary, and the statutory notice of a public hearing on K:\WPDOCS\ORDINANC\090114C1.WPD/cdc January 4, 1999 to consider the levy of the proposed reassessments on 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 Round Rock on January 14, 1999, held a public hearing to consider the levy of the proposed reassessments on property within the District, heard and passed on any objections to the proposed reassessments and closed the public hearing; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 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 December 10, 1998 public hearing in these proceedings is hereby ratified and confirmed. III. The City Council hereby approves the amendment to 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, as amended, 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 2 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 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 sums of money as listed in Exhibit "A" attached hereto and made a part hereof shown opposite the description of the respective parcels of property, and the several amounts assessed against the same, and the owners thereof. VI. The several sums above mentioned and assessed against the said parcels of property and the owners thereof, plus interest thereon at the rate of interest paid by the City on the Bonds used to finance the improvements, per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby 3 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. 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 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 The owner may pay the full and complete amount of the assessment plus interest accrued to the date of payment which date shall be an interest payment date on the Bonds 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. 4 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 this the ! / day of w w� , 1999 READ, APPROVED and ADOPTED on second reading this the day of , 1999. ATTEST: ANNE LAND, City Secretary 5 CHARLES CULPL'PP , Mayor City of Round Rock, Texas EXHIBIT "A" AMENDMENT NO. 1 TO ENCINO PLAZA PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN DATED DECEMBER 10, 1998 Chapter 372 of the Local Government Code and Section 3 of the "Encino Plaza Public Improvement District Assessment/Service Plan" adopted by the City on February 27, 1997 (the "Assessment/Service Plan") authorize the adjustment and reassessment of properties within the Encino Plaza Public Improvement District (the "District") upon further subdivision of land parcels and due to prepayments of assessments. I. This Amendment No. 1 shall only amend the section of the Assessment/Service Plan so revised above. All other terms and provisions of the Assessment/Service Plan shall continue in full force and effect. II. Exhibit "C" to the Assessment/Service Plan is amended to read as shown in Exhibit "A", attached hereto. The assessments for 1998 shall be considered delinquent if not paid by February 28, 1999. Location Block A Lot 1 Lot 2 Block B Lot 1-A Lot 2-A Lot 3A-1 Lot 3A-2 Lot 3A-3 Block B Lot 3A-4 unassigned cost EXHIBIT "A" Assessment Initial Total Allocation Assessment Annual Acres o Liability Assessment 2.791 0.15925975 378,285 50,520 1.312 0.07486530 177,825 23,749 4.103 0.23412505 556,110 74,269 1.742 0.08511287 202,166 26,999 2.712 0.13250637 314,738 42,033 2.020 0.09869575 234,429 31,308 1.540 0.07524329 178,723 23,869 2,435 0.11897236 282,591 37.740 10.449 0.51053065 1,212,648 161,950 Block C Lot 1 Lot 2-A Lot 2-B 1.148 1.825 1.861 4.834 0.05158684 0.10088372 0.10287375 0.25534431 Total Current 19.386 1.00000001 Encino Plaza 122,533 239, 626 244,353 606,512 2,375,270 16, 364 32, 002 32 , 633 81,000 317,218 Doc# 9914142 # Pages: 9 Date ; 03-04-1999 Filed & Recorded7in.M. Official Records of WILLIAMSON County, TX. NANCY E. RISTER COUNTY CLERK Rec. $ 25.00 THE TATE OF TEXAS CO'1`diYOFW LL..'SOH This is to certify that this (tenement was FILED red RECORDED in the O;ficia! ,ht � r� = r- Wi:.: feen County, iexaa on Me c ,,, k ruga) TO: CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664