AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS AMENDING ORDINANCE
NO. 2003-35 PERTAINING TO THE LEVYING OF ASSESSMENTS FOR THE COST
OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE HUNTERS CROSSING PUBLIC
IMPROVEMENT DISTRICT; REVISING THE ASSESSMENT ROLL; REVISING THE CHARGES
AND LIENS FIXED AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE
OWNERS THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Chapter 372 of the Texas Local Government Code (the "Act")
allows for the creating of a public improvement district;
WHEREAS,
on July 18, 2001 owners of real property located within the Hunters
Crossing Subdivision Public Improvement District delivered to the
City a Petition to create the Hunters Crossing Subdivision Public
Improvement District (the "PID") that is described in the
field notes attached to Ordinance No. 2003-35 as Exhibit "A";
and
WHEREAS,
the City staff and the 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 PID executed the petition and that the petition
complied with the Act and authorized the City Council of the City
of Bastrop to consider making findings as to the advisability of the
creation of the PID:
WHEREAS,
after providing notices required by Section 372.009 of the Act, the
City Council on September 11, 2001 conducted public hearings on the
advisability of the improvements, recommended, and approved the PID:
and
WHEREAS,
the authorization of the PID took effect when notice of the passage
of the Resolution No. R-2001-19 was published in the Bastrop County
Advertiser, a newspaper of general circulation in the City, on August
25, 2001; and
WHEREAS,
Resolution No. R-2001-19 was amended on November 11, 2003 by Resolution
No. R-2003-34 after notice was published in the Bastrop County Advertiser,
a newspaper of general circulation in the City, on October 25, 2003,
in order to revise the estimated cost of the public improvements,
the method of assessment, and the boundaries of the PID; and
WHEREAS,
pursuant to the Act, a proposed assessment roll and service plan was
filed with the City Secretary, and the statutory notice of pubic hearing
was mailed to the property owners and published on November 13, 2003
to consider the levy of the proposed assessment on real property within
the PID; and
WHEREAS, after notice was provided as required by
the Act, the City Council of the City of Bastrop on November 25, 2003
held a public hearing to consider the levy of the proposed assessments
on the property in the PID, heard and passed on any objections to
the proposed assessments, closed the public hearing, and adopted Ordinance
No. 2003-35 on December 9, 2004; and
WHEREAS,
subsequent to the adoption of Ordinance No. 2003-35, but before any
PID assessments were paid to the City, the City discovered scrivener's
and mathematical errors, as well as a failure to denote the effects
of rounding in the conversion from acres to square feet, in the Assessment
Roll that was attached to Ordinance No. 2003-35 as "Exhibit "C";
and
WHEREAS,
the changes to the Assessment Roll as reflected on Exhibit "C"
to Ordinance No. 2003-35 pertaining to "Assessment for Capital
Improvements for Commercial and Multi-Family Property" are shown
on the attached "Revised Exhibit C;" and
WHEREAS,
a proposed Revised Assessment Roll (Revised Exhibit "C")
was filed with the City Secretary, and the statutory notice of pubic
hearing was mailed to the property owners and published on November
11, 2004 to consider the revisions to the amount of the proposed assessment
on real property within the PID; and
WHEREAS,
the City Council of the City of Bastrop on November 23, 2004 held
a public hearing to consider the proposed revised assessments on the
property in the PID, 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 BASTROP, 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.
"Exhibit C" to Ordinance No. 2003-35 is hereby amended to
provide as shown on the attached "Revised Exhibit C."
Section 3. This
Ordinance shall take effect in accordance with the provisions of the
City Charter.
Section 4.
All ordinances, parts of ordinance, or resolutions in conflict herewith
are expressly repealed.
Section 5. The
invalidity of any section or provision of this Ordinance shall not
invalidate other sections or provisions thereof.
Section 6.
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 publish
as required by law during all times during which this Ordinance and
the subject matter hereof were discussed, considered, and formally
acted upon, all as required by the Texas Open Meetings Act, Chapter
551, Texas Government Code, as amended, and the Act.
READ AND ACKNOWLEDGED on first reading on the 23rd day of November
2004.
READ APPROVED, AND ADOPTED on second reading on the 14th day of December
2004.
APPROVED:
Tom Scott, Mayor
