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R-2017-4326 - 4/13/2017 RESOLUTION NO. R-2017-4326 A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS THE LA FRONTERA REDEVELOPMENT PUBLIC IMPROVEMENT DISTRICT; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND COSTS OF THE IMPROVEMENTS AND THE METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372, SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE; AUTHORIZING THE MAYOR TO EXECUTE THE ASSESSMENT SERVICE PLAN; MAKING PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act') authorizes the City of Round Rock, Texas (the "City") to create one or more public improvement districts; and WHEREAS, on or about October 31, 2016, owners of certain real property located within the City delivered to the City a Petition (the "Petition") to create La Frontera Redevelopment Public Improvement District (the "District') the boundaries of which are described in Exhibit "A", attached hereto and incorporated herein (the "Property"); and WHEREAS, the City Clerk of the City has received the Petition and it has been determined that the owners of more than 50% of the appraised value of the taxable real property and more than 50% of the area of all taxable real property within the District have executed the Petition and that the Petition complies with the Act and authorizes the City Council to consider the creation of the District; and WHEREAS, the proposed La Frontera Redevelopment Public Improvement District Assessment Service Plan (the "Plan") has been attached hereto as Exhibit `B"; and WHEREAS, after providing all notices required by the Act, the City Council on April 13, 2017, conducted a public hearing on the advisability of the improvements and the creation of the District; and 0112.17W;W375513 WHEREAS, the City Council adjourned such public hearing, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the following findings are made and declared regarding the proposed La Frontera Redevelopment Public Improvement District: 1. The Petition to establish the District is sufficient and is accepted as being in compliance with the provisions of the Act. 2. It is advisable to make the improvements set forth in the Petition and the same will benefit the land described therein, enhance the value thereof and be of benefit and use to the City and the residents of the District. 3. The nature the improvements shall consist of the construction and upsizing of existing wastewater lines and related appurtenances (the "Proposed Improvements"), servicing the Property. 4. The actual cost of the Proposed Improvements is determined to be $198,400.00. 5. The cost of the Proposed Improvements shall be paid from special assessments on the Property within the District's boundaries. 6. The Property described in the Petition will be benefitted by the Proposed Improvements and therefore the boundaries of the District shall be as described in Exhibit "A" attached hereto and made a part hereof for all purposes. 7. The method of assessment shall be as follows: An assessment of$198,400.00 to be paid in three equal annual installments of$66,133.00, as set forth in the Plan. 8. The costs of the improvements shall be shared by the land within the boundaries of the District and the City. 2 II. That the Plan attached hereto as Exhibit `B" is hereby approved and the Mayor is hereby authorized and directed to execute same on behalf of the City. III. That, the La Frontera Redevelopment Public Improvement District is hereby created as provided by the Act and in accordance with the findings made in Section I hereof. Provided, however, such authorization does not authorize Petitioner to take any action that would obligate the City in any way or cause the City to incur any risk or cost. IV. That this Resolution shall be published one time in the official newspaper of the City, and after twenty days following such publication, the authorization of the La Frontera Redevelopment Public Improvement District shall become effective. V. City staff is hereby authorized to take all action necessary to effectuate the purposes of this Resolution. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 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. 3 RESOLVED this 13th day of April, 2017. J� ALAN MCGRAW, Mayor City of Round Rock, Texas ATTpESST�:,, old VV►' l/' SARA L. WHITE, City Clerk 4 EXHIBIT A Owner Information AUSTOWERS LLC t .z R391717 •� 3724 JEFFERSON #STE�210AUSTIN,.,TK 707 11 IA Parcel Number: R344168 R392261 A Site Information t ' R417i7O 2800 IH 35 S, ROUND ROCK,TX 78681 A FRONT I R 6`. Assessment Information Abstract: 55888-Town And.Country Mall St b ,n Entitles: CAD,CRR,GWI,JO1,RFM,SRR,W09 T Deed Date: 2014-03-10 8392203 8417171 SQ Feet: \ ' 1 Land: $In Progress i A ;Improvement: $In Progress r. 156 SUNDANCE R4171 Total: $In Progress 2 instrument#: 2014017218 L RON JNap'.Name: 3-6727 `''• LK LA RRONTERA N 2e SECS 2 RBSUB BOA ALIO 1&2 RE, 2 ,C 2 R315634 •� R349633 i` N BOARD YALK z 1n 8344465 ! 2 RBS ORNERS N RrH LT 2 SE 2 kit ILL,) T R3 634 x �Lssl � N R392264 TOWN & x v ° COUN'I'R1'+` MALL SUB 8344166 �1 8344169 LOUIS HCNNA �OAI COUVATI L1 Awl _ _....-. r•�.�.��(� COUNTY ,r.r rrr r.r S1445 V x' N N A o 200 400 I I Feel hamape or illuslmlivo pumesas only on does nolumesenta survey la provided ass Imulwanentyar Williamson Central Appraisal Distn ny repmsenlallonoforeuracy,itmelimes&ar complenness.The user ocknowledgec and accepts all Inherent Oslo illi:otlobor ib 20Ifi .Ione al gra mops and data,Induding the fact that Iha maps and data are dynamlcand In a constant stale of EXHIBIT "B" LA FRONTERA REDEVELOPMENT PUBLIC IMPROVEMENTS DISTRICT ASSESSMENT/SERVICE PLAN Chapter 372 of the Local Government Code of the State of Texas, known as the "Public Improvements District Assessment Act" (the "Act"), authorizes and defines formation of a Public Improvements District within the State of Texas. By action taken by the City Council, on the City of Round Rock (the "City") passed Resolution No. R- which authorized the establishment of La Frontera Redevelopment Public Improvement District(the "District"). In compliance with 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, acting through the District, determined that the acquisition of the Improvements set forth herein (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. The Improvements shall consist of the construction and oversizing of existing wastewater lines servicing the Property described below. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the City has determined that One Hundred Ninety-Eight Thousand Four Hundred and 00/100 Dollars ($198,400.00) shall be assessed against the Property ("Assessment Costs"), said assessment to be a reimbursement for the construction and financing of the Improvements. Substantial Completion shall be defined as the date on which the City's Director of Public Works notifies the contractor that the Improvements have been finally accepted by the City. The method of assessment shall be as follows: An assessment of One Hundred Ninety- Eight Thousand Four Hundred and 00/100 Dollars ($198,400.00) shall be levied on the Property and shall be paid in three (3) equal, annual installments of$66,133.00 on or before January 1 of each year after Substantial Completion of the Improvements. Section 3. District Boundaries. The land described in the Petition will be benefited by the proposed District Improvements and therefore the boundaries of the District shall be as described more specifically in Exhibit "A," attached hereto and incorporated herein. The Property Owner is the same property owner stated in the Petition to establish the District received by the City Secretary on or before October 31, 2016, and the District is located fully within the corporate jurisdiction of the City. 374501 Section 4. Assessment Roll. The District's Assessment Roll is described as being the Property Owner(s) and the Property set forth in Exhibit `B," attached hereto and incorporated herein (the "Assessment Roll"). Section 5. Indebtedness. The total District assessments shall not exceed One Hundred Ninety-Eight Thousand Four Hundred and 00/100 Dollars ($198,400.00). Section 6. Costs. The total Costs to be assessed are estimated as follows: A) Total Improvements Costs: Not to exceed $198,400.00. Section 7. Levy of Assessments. There is hereby levied by the City the assessments for Improvements as set forth herein. The method of assessment shall be as follows: An assessment of One Hundred Ninety- Eight Thousand Four Hundred and 00/100 Dollars ($198,400.00) shall be levied on the Property and shall be paid in three (3) equal annual installments on or before January 1 of each year after Substantial Completion of the Improvements. Section 8. Prepayment of Assessments for Each Year. Pursuant to the provision of Section 372.018 (b) of the Act, an Improvements assessment may be paid in whole or in part at any time by paying the unpaid amount of the Improvements assessment plus the interest accrued or penalties that have been imposed prior to the date of payment of the assessment. Section 9. Default in Payment of Assessments If default be made in payment of any of the said sums hereby assessed against the property owner(s) and their property, collection thereof, costs and attorneys' fees shall be enforced by suit in any Court having jurisdiction or by 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 Section 33.01 et seq. of the Texas Tax Code. Section 10. Interest and Penalties on Delinquent 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. Additionally, a delinquent assessment shall incur the same penalties and interest as incurred for 2 delinquent taxes, as stated in Section 33.01 et seq. of the Texas Tax Code. Section 11. Additional Penalty. If an assessment remains delinquent on July 1 in the year in which the assessment became delinquent, there shall be imposed an additional penalty to defray costs of collection if it is 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 delinquent assessment. Penalties shall not exceed the amount permitted by Section 33.07 of the Texas Tax Code. Section 12.No Discounts or Solit Payments There will be no split payment of an assessment or discount for the early payment of an assessment. Section 13. Lien for Collection of Assessments. Assessments together with interest, penalties, and expense of collection and reasonable attorneys 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 charge against the owner of the property regardless of whether the owners are named. The lien for assessments thereof and 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 manner provided by the Texas Tax Code for collecting ad valorem taxes on real property. Section 14. Anplicability of Tax Code. To the extent not inconsistent with the ordinance levying assessments (the "Assessment Ordinance"), and not inconsistent with Chapter 372 of the Code or the other laws governing public Improvements districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 15. Lien Survives Foreclosure. Any sale of property for nonpayment of an assessment per annum shall be subject to the lien established for the remaining unpaid assessment against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent assessment against such property as they become due and payable pursuant to the terms of the Assessment Ordinance. 3.