HomeMy WebLinkAboutOrdinance - 2004-O0130 - Amending Ordinance No. 2003-00126 Delinquincy Collection; North Overton Project - 11/04/2004I
First Reading
November 4, 2004
Item No. 23
Second Reading I
November 18. 2004
Item No. 32
ORDINANCE NO. 2004-00130
AN ORDINANCE AMENDING ORDINANCE NO. 2003-00126 TO
CLARIFY THE METHODS FOR DELINQUENCY COLLECTION OF THE
ASSESSMENTS, PENALTIES AND INTEREST FOR THE NORTH OVERTON
PUBLIC IMPROVEMENT DISTR1CT; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1: THAT Section 2 of Ordinance No. 2003-00126 is amended to
read as follows:
"SECTION 2: That the City Council hereby establishes the
method of assessing special benefits of services and
improvements, which are set forth in the Service Plan and
assessment plan attached and incorporated herein as Exhibit C.
Terms relating to property taxes in this ordinance shall be used as
defined in Section 1.04 of the Texas Property Tax Code. In
accordance with the Service Plan, each property owner in the
District identified for assessments in 2004 receives the same
amount of service for the assessment provided. The proposed
method of assessment, which specifies included or excluded
classes of assessable property, is based on the net taxable value of
the real property and real property improvements as determined
by the Lubbock Central Appraisal District in accordance with
Chapter 25 of the Texas Property Tax Code. Public rights-of-
way are exempt from assessment. All property zoned
commercial and high-density residential under the City of
Lubbock Zoning Ordinance will be assessed on an annual basis
beginning January l, 2004. All single-family and duplex zoned
property will be assessed on a block-by-block basis determined by
the public improvements to be maintained by PID funds which
are completed and existing in that block on January 1 of each
year."
SECTION 2: THAT Section 7 of Ordinance No. 2003-00126 is amended to
read as follows:
"SECTION 7: That 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 calculated by
North Overton PID Assessment Ordinance Amendment
applying the assessment rate to the final 2004 city net taxable
value in the manner described in the assessment attached hereto
in Exhibits C and D and made part hereof shown opposite the
description of the respective parcels of property, and the several
amounts assessed against the same, and the owners thereof.,.
SECTION 3: THAT Section 8 of Ordinance No. 2003-00126 is amended to
read as follows:
"SECTION 8: That the several sums above mentioned and
assessed against the said parcels of property and the owners
thereof, and interest thereon at the rate per annum established in
Section 9 together with reasonable attorney's fees and costs of
collection, if incurred, are hereby declared to be and are made a
first and prior lien against the property assessed, superior to all
other liens and claims except liens and claims for ad valorem
taxes and is a personal liability of and charge against the owners
of the property regardless of whether the owners are named. The
lien shall attach on January 1 of each year to the property to
secure the payment of all assessments, penalties, and interest
ultimately imposed for the year on the property, whether or not
the assessments are imposed in the year the lien attaches and shall
be effective until the assessment is paid. The lien is perfected on
attachment and perfection requires no further action by the
governing body."
SECTION 4: THAT Section 9 of Ordinance No. 2003-00126 is amended to
read as follows:
"SECTION 9: That the assessments levied herein shall be due
and payable in full on receipt of the assessment bill and are
delinquent if not paid by January 31, 2005 except as provided in
Sections 31.02(b), 31.03, and 31.04 of the Texas Property Tax
Code. A delinquent assessment incurs a penalty of six percent of
the amount of the assessment for the first calendar month it is
delinquent plus one percent for each additional month or portion
of a month the assessment remains unpaid prior to July 1 of the
year in which it becomes delinquent. However, an assessment
delinquent on July 1 incurs a total penalty of twelve percent of
the amount of the delinquent assessment without regard to the
number of months the assessment has been delinquent. A
delinquent assessment continues to incur the penalty provided by
this section as long as the assessment remains unpaid, regardless
North Overton PID Assessment Ordinance Amendment .
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of whether a judgment for the delinquent assessment has been
rendered. That if default be made in the payment of any of the
said sums hereby assessed against said property owners and their
property, collection thereof, including costs and attorney's fees,
shall be enforced by the governing body in the same manner that
an ad valorem tax lien against real property may be enforced by
the governing body under Chapters 31, 32 and 33 of the Texas
Property Tax Code. The owner of the assessed property may pay
at any time the entire assessment on any lot or parcel, along with
any interest and penalty that has accrued on the assessment."
SECTION 5: THAT Section 12 of Ordinance No. 2003-00126 is amended to
read as follows:
"SECTION 12: That the City may contract with the Lubbock
Central Appraisal District and/or any competent attorney to
collect the assessments and to represent the North Overton Public
Improvement District to enforce the collection of delinquent
assessments. The attorney's compensation shall be set in the
contract, but the total amount of compensation provided may not
exceed 20 percent of the amount of delinquent assessment,
penalty, and interest collected, as required in Section 6.03 of the
Texas Property Tax Code."
SECTION 6: THAT Exhibit "C" to Ordinance No. 2003-00126 is amended to
read as follows:
"North Overton PID Method of Assessment
• Properties will be assessed based on the City's 2004 "net
taxable value" as established by the Lubbock Central
Appraisal District and submitted to the City under Tax
Code Section 26.04. Exhibit D reflects an estimation of
assessments based on the 2003 values, however, the actual
assessment will be based on the final 2004 net taxable
values.
• Assessment rate will be $0.15/$100.00 valuation.
• All property zoned commercial and high-density
residential under the City of Lubbock Zoning Ordinance
will be assessed beginning January 1, 2004.
• All single-family and duplex-zoned property will be
assessed on a block-by-block basis. Assessment will
North Overton PID Assessment Ordinance Amendment
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begin for property in a single-family or duplex-zoned
block at the time public improvements to be maintained by
PIO funds are completed in that block as of January 1 of
the assessed year."
SECTION 7. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder
of this Ordinance shall not be affected thereby.
SECTION 8. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by
law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 4th day of November , 2004.
Passed by the City Council on second reading this 18th day of November, 2004.
ATTEST: a~-41~ Rebeca Garza, City Secretary '"CS
CONTENT:
raig er, Managing Director of
Planning and Transportation
APPROVED AS TO FORM:
Linda Chamales, Senior Attorney
Office Practice Section
as/cityatt/Linda/PID AssessmentOrdinance Amendment_
November 2, 2004
TOM MARTIN, MAYOR PRO TEM
North Overton PID Assessment Ordinance Amendment
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