AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP,
TEXAS LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO
BE PROVIDED IN THE HUNTERS CROSSING 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 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 hereto 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, the 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 Bas:rop 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, 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: The City Council finds that that assessments
as set forth in the attached Assessment/Service Plan (Exhibit
`B"), should be made and levied against the respective
parcels of property within the PID 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 AID for which
such assessments are levied, and establish substantial justice and
equality and uniformity between 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 PID, 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 PID and the imposition
of the assessments for said improvements are in all aspects valid
and regular.
Section 3: There shall be and is hereby levied and
assessed against the parcels of property within the PID, and against
the real and true owners thereof (whether such owners be correctly
named or not), the sums of money set forth in the Assessment/Service
Plan 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 Such assessments are summarized
on Exhibit "C" attached hereto.
Section 4: The sums levied and assessed against
the said parcels of property in the PID 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 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 are 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 shell 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 5: The first annual PID assessments on commercial
and multi-family property located in the PID shall be due on the last
to occur of the following two events: (a) the effective date of this
Ordinance; or (b) the date that ownership of a tract or lot of land
located in the PID is transferred from Sabine Investments, Inc. The
first annual assessments on single-family property located in the
PID shall be due on the date that the property is transferred to the
homeowner. The f rrt annual PID assessment shall be due by January
31 of each year beginning on January 31, 2005, for the prior calendar
year and continuing regularly until the Bonds and other obligations,
including accrued interest, are paid in full. 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 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 6: 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. 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 principal 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/Service Plan
attached hereto.
Section 7: This Ordinance shall take effect in accordance
with the provisions of the City Charter.
Section 8: All ordinances, parts of ordinance, or
resolutions in conflict herewith are expressly repealed.
Section 9: The invalidity of any section or provision
of this Ordinance shall not invalidate other sections or provisions
thereof
Section 10: 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 tile 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 25th day of November
2003. READ APPROVED, AND ADOPTED on second reading on the 9th day
of December 2003.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Miertschin, City Secretary
The entirety of
this ordinance and the exhibits are on view at the Bastrop
Public Library.
