Loading...
HomeMy WebLinkAboutOrd 578-2012 Levying Assessments FM 455 Median Break PID.pdfCITY OF ANNA, TEXAS ORDINANCE 578-2012 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT; FIXING A CHARGE AND LIEN AGAINST ALL PROPERTIES WITHIN THE DISTRICT, AND THE OWNERS THEREOF; PROVIDING FOR THE MANNER AND METHOD 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 January 23, 2012 there was presented to the City of Anna, Texas (the "City") a petition (the 'Petition"), which described the public improvements proposed to be made within the proposed public improvement district (the "District') and sought authorization to create the District and to make improvements including a median break on or near FM 455 in the corporate limits of Anna, Texas; and WHEREAS, notice of a public hearing was published on February 10, 2012 in a newspaper of general circulation within the City and was mailed to the owners, as reflected on the tax rolls, of property subject to assessment in the District, giving interested persons the opportunity to appear and be heard; and WHEREAS, before conducting said public hearing on February 28, 2012, the City Council of the City of Anna, Texas ("City Council') adopted a resolution estimating the cost of improvements and the appraised value of taxable real property liable for assessment in the proposed Districts; and WHEREAS, the City Council opened the public hearing on February 28, 2012, in order to hear testimony and public comment regarding the creation and authorization of the District and the proposed public improvements; and WHEREAS, all owners of property located within the proposed District and all other interested persons were given the opportunity at said public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, after the close of said public hearing, the City Council adopted a resolution making certain findings regarding the advisability of creating the District; and 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 April 24, 2012, to consider the levy of the proposed assessments on real property within the District was accomplished; and Ord. 578-2012 Levying Assessments FM 455 Median Break PID Page 1 of 12 04-24-12 WHEREAS, after notice was provided as required by the Act, the City Council on April 24, 2012, 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 FM 455 Median Break 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, 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 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. Ord. 578.2012 Levying Assessments FM 455 Median Break PID Page 2 of 12 04-24-12 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 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 Ord. 578-2012 Levying Assessments FM 455 Median Break PID Page 3 of 12 04-24-12 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 24th day of April 2012. ATTESTED: APP VED: G�/ r Ci Secretary, Natha Wilkison Mayo arre . Driskell �yV�WOqFW ultr{tp/q � c 1 Ord. 578-2012 Levying Assessments FM 455 Median Break PID Page 4 of 12 04-24-12 FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL Chapter 372 of the Local Government Code of the State of Texas, known as the 'Public Improvement District Assessment Act' (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 March 29, 2012, the City of Anna, Texas (the "City") authorized by resolution the establishment of FM 455 MEDIAN BREAK 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]esign and construction of a median break on Farm to Market Road 455 within the District' (the 'Improvements"), which are allowed by the Act, should be provided within the District 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 acreage within the District and the real and true owner or owners thereof is such that the owners of property in the District located on the north side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such owner being assessed a portion based on the percentage land area within the District located on the north side of FM 455 owned by each property owner and the owners of property in the District located on the south side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such owner being assessed a portion based on the percentage land area within the District located on the south side of FM 455 owned by each property owner. Section 3. Assessment Roll. The Assessment Roll is described as being those properties more specifically described in Schedule II, and shall be revised as necessary to reflect any parcels sold, given, dedicated or otherwise conveyed. Section 4. Costs. The estimated total costs of the improvements is $72,136.49 for construction and $3,000 in administrative and legal costs over the life of the District, which may be modified to conform to actual expenses. The Improvement Costs shall be paid by assessment of the property owners within the District. Ord. 578-2012 Levying Assessments FM 455 Median Break PID Page 6 of 12 04-24-12 Section 5. Maintenance Costs of Improvements to be Paid by City. In accordance with the Act, and in accordance with all applicable local, state, and federal laws and regulations, the City and/or an agency of the state will provide for the ongoing annual maintenance, operation, and repair of the Improvements from the date of completion and acceptance of the Improvements. Section 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 or the state. 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 or real property owned by the State of Texas shall not be assessed. Each Assessment, in the amount set forth in Schedule II, shall be due and payable upon issuance of the first invoice for payment of assessment sent by the City to the property or property owner assessed. If assessed property within the District 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 provisions of Section 372.018 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. Section 9. Interest and Penalties on Delinquent Assessments. A delinquent Assessment will accrue interest, penalties, and attorney's fees in the same manner as delinquent ad valorem taxes, as set forth 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 attorneys 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 personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for Assessments thereof Ord. 578-2012 Levying Assessments FM 455 Median Break PID Page 6 of 12 04-24-12 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 Code. 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 governing 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. 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 14. Reassessments. Pursuant to Section 372.020, Texas Local Government Code, the City Council may make a reassessment of a parcel of land if: (1) a court of competent jurisdiction sets aside an 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 15. Service Plan. In accordance with the requirements of the Act, the five-year service plan for the District projects a total of $72,136.49 for construction costs and $3,000 in administrative and legal costs over the life of the District is as follows: Year Annual Projected Costs Annual Projected Indebtedness 1 $75,136.49 $0.00 2 $0.00 $0.00 3 $0.00 $0.00 4 $0.00 $0.00 5 $0.00 $0.00 Total $75,136.49 $0.00 Ord. 578-2012 Levying Assessments FM 455 Median Break PID Page 7 of 12 04-24-12 EXHIBIT 1 Boundaries South side of West White Street (FM 455): Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010 Acres; Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289 Acres; Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 —1.184 Acres; Lot 4 Block A, Anna Market Center, Document Number 20080618010002250 — 0.991 Acres; Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 —1.382 Acres; and: Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 —1.977 Acres; and The section of FM 455 between the south side described above and the north side described below; and: North side of West White Street (FM 455): Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63 Acres; Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of that 20 acre tract of land described by deed to Anna 455 Commercial, LP. as recorded under Document Number 20071205001623100, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from the southeasterly corner of said 20 acre tract, same being in the northerly line of West White Street at a point; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a point for corner; THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a point for corner; THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a point for corner; THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a point for corner; THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a point for corner; THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol. 736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of 157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of the Official Public Records of Collin County Texas to the POINT OF BEGINNING; THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a point for corner; THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a point for corner; THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a point for corner; THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a point for corner; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a point for corner; THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a point for corner; THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a point for corner; THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to the POINT OF BEGINNING and containing 9.15 acres of Land More or less. Schedule I FM 455 Median Break Public Improvement District (`District') Improvements — Design and construction of a median break on Farm to Market Road 455 within the District. Estimated Costs of Improvements — The estimated costs of the improvements, including financing, if any, total $72,136.49 for construction and $3,000 in administrative and legal costs over the life of the District, which amounts may be modified to conform 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 through the assessments levied on the owners in the District. Schedule II Initial Assessment Roll - FM 455 Median Break Public Improvement District District properties, south of FM 455: District properties, north side of FM 455: Property Owner Acrea a Description Assessment Anna Market 4.543 Lots 3, 5, 6, Block A, $13,302.92 Center, Ltd. (197,893.08 Anna Market Center sq. ft.) Addition Independent 1.289 Lot 2, Block A, Anna $3,771.85 Bank (56,148.84 Market Center Addition The Rudman sq. ft.) Tract 2 $16,781.73 Brookshire 6.01 Lot 1, Block, A, Anna $17,593.21 Grocery (261,795.60 Market Center Addition Company sq. ft.) LBS Partners, 0.991 (43,167.96 Lot 4, BlockAnna $2,900.27 Inc. sq. ft.) Market Centerer Addition District properties, north side of FM 455: Property Owner Acreage Description Assessment Kwik Kar 0.63 Lot 1, Block A, Summer $1,157.10 (27,442.80 Hill Addition sq. ft.) Anna 455 10.7 (466,092 Tract 1 $19,629.41 Commercial sq. ft.) The Rudman 9.15 (398,574 Tract 2 $16,781.73 Partners (sq. ft.)