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HomeMy WebLinkAboutOrd 497-2010 Levying Assessments in the Urban Crossing PID.pdfCITY OF ANNA, TEXAS ORDINANCE NOo 497-2010 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE URBAN CROSSING PUBLIC IMPROVEMENT DISTRICT; FIXING A CHARGE AND LIEN AGAINST ALL PROPERTIES WITHIN THE DISTRICT, AND THE OWNERS THEREOF; PROVIDING FOR THE MANNER AND MEorHOD OF COLLECTION OF SUCH ASSESSMENTS; MAKING A FINDING OF SPECIAL BENEFIT TO PROPERTY IN THE DISTRICT AND THE REAL AND TRUE OWNERS THEREOF; APPROVING A SERVICE AND ASSESSMENT PLAN; PROVIDING A SEVERABILITY CLAUSE; 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 April 23, 2010, owners of real property located within the Urban Crossing Public Improvement District delivered to the City of Anna, Texas ("City") a Petition for the Creation of a Public Improvement District within the City of Anna, Collin County, Texas (the "Petition") to create the Urban Crossing Public Improvement District (the "District") and describing public improvements proposed to be made within the District consisting of the design and construction of paved roadway surface on a currently unpaved segment of County Road 368 and related improvements to provide paved access over County Road 368 to the property within the District; and WHEREAS, the City staff and City Council of the City of Anna, Texas ("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 to consider making findings as to the advisability of the creation of the District; and WHEREAS, after providing notices as required by the Act, the City Council on May 11, 2010, conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, on May 11, 2010, the City Council passed Resolution No. 2010-05-04, 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, the authorization of the District took effect when notice of the passage of Resolution No. 2010-05-04 was published in accordance with the Act; and Ord. 497-2010 Levying Assessments Urban Crossing PID.doc Page 1 of4 05-25-10 WHEREAS, pursuant to the Act, the proposed assessment roll and service plan was filed with the City Secretary, and the statutory notice of a public hearing on May 25, 2010, to consider the levy of the proposed assessments on real property within the District was accomplished; and WHEREAS, after notice was provided as required by the Act, the City Council on May 25,2010, opened a public hearing to consider the levy of the proposed assessments on property within the District; and WHEREAS, the City Council 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 ANNA, TEXAS: Section 1. Recitals Incorporated 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. Approval of Service and Assessment Plan The Urban Crossing Public Improvement District Service Plan, Assessment Plan, and Assessment Roll, attached hereto as Exhibit A (the "Assessment Plan") has been presented to and reviewed by the City Council and the City Council hereby approves the Assessment Plan. Section 3. City Council Findings The City Council hereby finds and determines upon the evidence presented in reference to the property located within the District: that the enhancement and value to accrue to the property and the real and true owner or owners thereof by virtue of construction of the improvements described in the preamble hereof (the "Improvements") will be equal to or in excess of the amount of the cost of the proposed Improvements; that the apportionment of the costs of the Improvements and the assessments here and below made are just and equitable and produce substantial equality I considering the benefits received and the burdens imposed thereby, and result in imposing equal shares of the cost of the Improvements on property Similarly benefitted, and are in accordance with the laws of the State of Texas; that the property assessed is specially benefitted by means of the said Improvements in the District; that all procedures that have taken place heretofore with reference to the Improvements and assessments are in all respects regular, proper, and valid; and that all prerequisites to the fixing of the assessment liens against the properties within the District, and the personal liability of the real and true owner or owners thereof, whether correctly named herein or not, have been in all things regularly and duly performed in compliance with the Act and the proceedings of the City Council. The cost of said Improvements is hereby assessed Ord. 497-2010 Levying Assessments Urban Crossing PlD.doc Page 2 of4 05-25-10 and levied as a special assessment against such properties and the real and true owner or owners thereof in the amounts as described in the Assessment Plan. Section 4. Declaration of Assessment Levied 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 Schedule II to the Assessment Plan attached hereto and made a part hereof shown opposite the description of the respective parcels of property, and the assessed against the same, and the owners thereof. Section 5. Declaration of Lien The sums assessed against property located within the District and the real and true owners or owner thereof, whether the owner or owners be named or correctly named, or the properties be correctly described therein or not, together with interest thereon at the rate per annum when required as set forth in the Assessment Plan and with reasonable attorney fees and all costs and expenses of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which same are assessed from and after this date, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be correctly named herein, paramount and superior to all other liens, claims or titles except for lawful claims for state, county, school district, or city ad valorem taxes; and that the sum so assessed shall be payable to the City or its assigns in accordance with the assessment roll attached as Schedule II to the Assessment Plan. Section 6. Assessment (a) The levy of the assessments shall be effective on the date of execution of this ordinance levying assessments and strictly enforced in accordance with the terms of the Assessment Plan. (b) The collection of the assessments shall be as described in the Assessment Plan. (c) Each assessment shall be paid in accordance with the Assessment Plan. (d) Each delinquent assessment shall bear interest at the rate or rates specified in the Assessment Plan. (e) Assessments may be deposited as and when received by the City into a separate fund to be used to pay the costs incurred for the Improvements, and the establishment of such fund is hereby approved. Section 7. Supplemental Assessment Ord. 497-2010 Levying Assessments Urban Crossing PlC.doc Page 30f4 05-25-10 Pursuant to Section 372.019 ofthe Local Government Code, the City Council may make supplemental assessments to correct omissions or mistakes in the assessment relating to the total cost of the public improvements constructed within the District. Notice of such supplemental assessments will be given and a public hearing regarding the supplemental assessments will be held in accordance with the provisions of Section 372.016 and 372.107 of the Local Government Code. Section 8. Reassessment Pursuant to Section 372.020 of the Local Government Code, the City Council may make a reassessment or a new assessment of a parcel of land located within the District if it is determined that the original assessment is excessive. The amount of any installment payment to be made after the date of reassessment will be adjusted to reflect the lower assessment against the property. If the total assessment has been paid at the time of the reassessment, any excess amount paid will be refunded to the property owner who paid the original assessment. Section 9. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 10. Publication of the Caption Hereof and Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 25th day of May 2010. 05-25-10 URBAN CROSSING PUBUC IMPROVEMENT DISTRICT SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL Chapter 372 of the Local Govemment Code of the State of Texas, known as the "Public Improvement District Assessment Ad' (the "Act"), authorizes and defines formation of a Public Improvement District Within the State of Texas. By action taken by the City Council of the City of Anna, Texas ("City Council"), on May 11, 2010, the City of Anna, Texas (the "CitY') authorized by resolution the establishment of Urban Crossing Public Improvement District (the "District" within the boundaries set forth in Exhibit 1 attached hereto. In compliance with requirements outlined in various sections of the Act, the Service and Assessment Plan for the District is defined herein. Section 1. Improvements to be Provided to the District. After analyzing the improvements authorized by the Act, the City. acting through the District, determined that the construction and/or acquisition of the Improvements as set forth in Schedule I, attached hereto, and described in part as "[d]eslgn and construction of paved roadway surface on a currently unpaved segment of County Road 366 and related Improvements to provide paved access over County Road 368 to the proposed Public Improvement District" (the "Improvements"), which are allowed by the Act, should be provided within the Property and will be of special benefit to the property within the District. After completion of the Improvements. the City will operate and maintain the Improvements at its expense. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the CIty has determined that costs of the Improvements apportioned against the net developable acreage within the District and the real and true owner or owners thereof on a per lot basis with equal shares of the costs on property similar1y benefitted is fair and equitable and is the most reasonable means of allocating the costs of the Improvements, including financing costs and other costs directly or indirectly relating to the acquisition, construction, and financing of the Improvements ("Improvement Costsn). Section 3. Assessment Roll. The District is described as being those properties more specifically described in Schedule II, and shall be revised as necessery to reflect any parcels sold. given, dedicated or otherwise conveyed. ( ExhlbitA ) 1 Section 4. Costs. The estimated total costs of the improvements is $10,970, which may be modified to conform to actual expenses. The Improvement Costs shall be paid by assessment of the property owners within the District. Section 5. Maintenance Costs of Improvements to be Paid by City. In accordance with the Ad, all state and federal laws and aU laws and regulations of the City, the City will provide for the ongoing annual maintenance, operation. and repair of the Improvements from the date of receipt and acceptance of title to the Improvements Sedion 6. OWnership of Improvements. Upon completion and acceptance of the Improvements. title to the Improvements and all land, easements and right-of-way related thereto shall vest In the City. Section 7. Levy of Assessments. There shall be levied by the City the special assessments set forth in Schedule II attached hereto (collectively, the "Assessments', to pay the Improvement Costs. Any real property conveyed to the City in connection with the Improvements shall not be assessed. Each Assessment, in the amount set forth in Schedule II, shall be due and payable upon issuance of the first building permit for each lot within the District. In the event the subdivision of all or any part of the property within the District results in a redudion of the developable lots, the owner of such property shall pay to the City, prior to recordation of the of the document subdMding such property I the Assessment on such property representing the difference between the amount of Assessment that would have been paid prior to subdivision and the amount of Assessment after subdivision, plus accrued interest thereon to the payment date. In the event the subdMsion of all or any part of the property within the District results in an increase of the developable lots, the Assessment for each assessed lot within the District shall be reduced such that the total of the reduced Assessments, equals the total Assessment set forth in Schedule II. If assessed property within the Distrid is transferred to a party that is exempt from payment of the Assessment under applicable law, or if an owner causes assessed property or a portion thereof to become non-benefitted property, the owner thereof shall pay to the City the full amount of the Assessment, plus accrued interest thereon, for such property prior to any such transfer or act. Section 8. Prepayment of Assessments for Each Year. Pursuant to the provision of Section 372.018 (b) of the Act, an Assessment may be paid in whole at any time by paying the unpaid amount of the Assessment plus the interest accrued or penalties that have been imposed prior to the date of payment of the Assessment. 2 Section 9. Interest and Penalties on Dellnguent Assessments. A delinquent Assessment will accrue interest at the rate of 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 delinquent taxes, as stated In Section 33.01 et seq. of the Texas Tax Code. Section 10. No Discounts or Split Payments. There will be no partial payment of an Assessment or discount for the early payment of an Assessment. Section 11. Lien for Collection of Assessments. Assessments together with interest, penalties, and expense of collection and reasonable attomeys fees, as permitted by the Act and the Texas Tax 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 peraonalliability 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 12. Applicability of Texas Tax Coge. To the extent not inconsistent with the ordinance levying Assessments (the "Assessment Ordinance"). and not inconsistent with Chapter 372 of the Act or the other laws goveming public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 13. No Acceleration. Failure to pay an Assessment or installment portion thereof when due shall not accelerate the payment of any other Assessment and such other Assessment (together with interest thereon) shall continue to be due and payable at the same time and in the same amount and manner as if such default had not occurred. Section 14. lien Survives FOreclosure. Any sale of property for nonpayment of an Assessment 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 or installment portion thereof against such property as it becomes due and payable pursuant to the terms of the Assessment Ordinance. Section 15. Reassessments. Pursuant to Section 372.020, Texas Local Govemment Code, the City Council may make a reassessment of a parcel of land if: (1) a court of competent jurisdiction sets aside an 3 Assessment against the parcel; (2) the City Council determines the original Assessment is excessive; or (3) on the written advice of counsel, the City Council determines that the original Assessment is invalid. Section 16. Service Plan, In accordance with the requirements of the Act, the five-year service plan for the District is as follows: Year Annual Projected Costs Annual Projected Indebtedness 2010 $10,970 $0.00 2011 $0.00 $0.00 2012 $0.00 $0.00 2013 $0,00 $0.00 2014 $0.00 $0.00 Total $10,970 $0.00 4 Exhibit 1 Boundaries The Aggregate of: (1) a 45.001 acre tract out of the Henry Smith SUlVey Abstract No. 822 and the Z. Roberts SUIVSY Abstract No. 760, in the City of Anna, Collin County, Texas, including the entire real property within the bounds of the subdivision known as Urban Crossing, said subdivision having been platted and filed in the Collin County Real Property Records, said 45.001 acres being more particularly described in said Collin County Real Property Records, bearing document number 20080902010003080, and located at Book 2008, Page 502; and (2) a segment of Collin County Road 368 partially abutting the above-referenced 45.001 tract, said segment measuring approximately 14' in width by 746' in length. as described in more detail in the Petition for the Creation of a Public Improvement District Within City of Anna, Collin County, Texas, filed with the City of Anna City Secretary's office on April 23, 2010 by Hurricane Manor, Inc. and Ralph G. Urban. Schedule I Urban Crossing Public Improvement District Improvements - Design and construction of paved roadWay surface on a currently unpaved segment of COunty Road 368 and related improvements to provide paved access over County Road 368 to the proposed Public Improvement District. Estimated Costs of Improvements -The estimated total costs of the improvements is $7.970.10 and $3.000.00 for administrative and legal expenses, which amounts may be modified to confonn to actual expenses. A total of 100% of such actual costs of the improvements shall be paid by assessment of the property owners within the proposed Public Improvement District. The City will initially fund the total costs of the improvements, with said costs being reimbursed to the City, which it shall collect and be entitled to retain and disburse as necessary all assessments levied in connection with the Public Improvement District. Schedule II Initial Assessment Roll -Urban Crossing Public Improvement District Boundary Owner lots Description Assessment Urban Crossing 1 lot 3 of Block A of the $353.87 per lot Living Trust subdivision known as Urban Crossing. said subdivision being further described as a 45.001 acre tract out of the Henry Smith Survey Abstract No. 822 and the Z. Roberts Survey Abstract No. 760, in the City of Anna, Collin County, Texas, having been platted and filed in the Collin County Real Property Records, said 45.001 acres being more particularty described in said Collin County Real Property Records, bearing document number 20080902010003080. and located at Book 2008, Page 502. Hurricane 30 lots 1, 2, 4-18, and 20-23 of $353.87 per lot Manor, Inc. Block A;. and lots 1-9 of Block B of the subdivision known as Urban Crossing, said subdivision being further described as a 45.001 acre tract out of the Henry Smith Survey Abstract No. 822 and the Z. Roberts Survey Abstract No. 760, in the City of Anna, Collin County, Texas, having been platted and filed in the Collin County Real Property Records, said 45.001 acres being more particularly described in said Collin County Real Property Records, bearing document number 20080902010003080, and located at Book 2008. Page 502.