HomeMy WebLinkAboutOrdinance - 2009-O0065 - Reviewing Classifications Qunincy Park PID;District 2010. - 07/08/2009First Reading
July 8, 2009
Item No. 6.2
ORDINANCE NO. 2009-00065
Second Reading
July 28, 2009
Item No. 5.8
AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS
OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND
IMPROVEMENTS OF PROPERTY IN THE QUINCY PARK PUBLIC
IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND
FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; LEVYING 2010
ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND/OR
IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING FY 2010-11;
FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT
AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR THE
COLLECTION OF THE ASSESSMENT.
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act")
allows for the creation of public improvement districts; and
WHEREAS, On May 28, 2009 the City Council passed Resolution No.2009-
R0219 which made certain findings concerning the advisability of creating the Quincy
Park Public Improvement District, authorized and created the District as a public
improvement district under Chapter 372 of the Texas Local Government Code (map
attached as Exhibit A), and designated the Lubbock City Council as the entity responsible
for the management of and provision of services and improvements to the District; and
WHEREAS, On June 11, 2009, the City Council passed Resolution No. 2009-
223, approving the Service and Assessment Plan, which will be reviewed and revised
;h year when necessary. Exhibit B, attached hereto, contains the 2010 Service and
sessment Plan for the Quincy Park Public Improvement District; and
WHEREAS, Chapter 372 of the Texas Local Government Code requires that the
City Council review the Service Plan; prepare a proposed assessment roll and file it with
the City Secretary; and schedule a public hearing to consider the proposed assessments
and receive public comment on an annual basis; and
WHEREAS, after published and mailed notice of the hearing, pursuant to the
Act, a public hearing was held July 8, 2009, to consider objections to the proposed
assessments. The City Council closed the public hearing after receiving property owner's
concerns and comments (both oral and written) on proposed 2010 assessments within the
Quincy Park Public Improvement District and acted on any objections to proposed
assessments for particular parcels; and
WHEREAS, the City desired by the calling and holding of such public hearing to
a reasonable opportunity for any owner of property located in the District to
for or against the 2010 assessment rate for a special assessment against real
.y and real property improvements exclusive of public rights -of -way, to provide
for the District for the purpose of supplemental services and improvements; and
Quincy Park PID Assessment Ordinance
WHEREAS, the City Council desires to review classifications and formulas for
apportionment of the costs for the services and improvements of the property in the
trict, and approve, adopt and file with the City Secretary the proposed assessment roll
hibit C); and
WHEREAS, the City Council finds after review that the revised service plan and
lent plan are feasible and sound and will serve the needs and desires of the
y owners and that the assessment rate of $0.15 per $100.00 of net taxable value
t year 2017, as determined by the Lubbock Central Appraisal District, of the
y or improvements to the property located in the District; are reasonable and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
OF LUBBOCK, TEXAS:
SECTION l: That the facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct.
SECTION 2: That the City Council after review of the Service Plan approves the
method of assessing special benefits of services and improvements and the
Service Plan, which is set forth in the Assessment Plan attached and incorporated
herein as Exhibit B. 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 2010 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.
SECTION 3: The City Council hereby approves, adopts and files with the City
Secretary the assessment roll attached hereto and made a part of and marked as
Exhibit C (the "Assessment Roll"). The Assessment Roll states an estimate of the
assessment against each parcel of land in the District, as determined by the
method of assessment set forth in the Service plan and this Ordinance. The City
Secretary shall file the Assessment Roll in the official City records. The
Assessment Roll shall be subject to public inspection.
SECTION 4: That the City Council finds that the notice of the City Council's
intention to consider the proposed assessments at a public hearing on July 8, 2009
at 10:00 a.m. in the City Council Chamber, 1625 13th Street, Lubbock, Texas was
published in the official newspaper of the City of Lubbock, Texas before the I01h
day before the date of the hearing. The notice stated: (1) the date, time and place
of the hearing; (2) the general nature of the services and improvements; (3) the
Park PID Assessment Ordinance 2
cost of the services and improvements; (4) the boundaries of the District; and (5)
that written or oral objections will be considered at the hearing.
SECTION 5: That the City Council finds that Lubbock City staff mailed to the
owners of property liable for assessment, notice of the hearing as the ownership
appears on the City tax roll. The notice contained the information required by the
Act. The notice was mailed before the 10 h day before the date of the hearing to
the last known address of the property owner on the City tax roll. The failure of
the property owner to receive notice does not invalidate the proceeding.
SECTION 6: That the City Council finds that the assessments should be made
and levied against the respective parcels of property within the District and
against the owners thereof, and are substantially in proportion to the benefits to
the respective parcels of property by means of the services and improvements in
the District for which such assessments are levied, and further finds that in each
case the property assessed is specially benefited by means of the said services and
improvements of the District, and further finds that the apportionment of costs of
the services and improvements is in accordance with the law in force in this City
and the State and in the proceedings of the City heretofore had with reference to
the formation of the District and the imposition of assessments for said services
and improvements are in all respects valid and regular.
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 applying the assessment rate to the final 2010 city net taxable value
in the manner described in the assessment attached hereto in Exhibits B and C 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 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 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,
Park PID Assessment Ordinance 3
2011 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 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 10: That 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.
SECTION 11: That the assessments herein levied are made and levied under and
by virtue of the terms powers and provisions of the Public Improvement District
Assessment Act, Chapter 372 of the Texas Local Government Code, as amended.
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 Quincy Park 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.
Park PID Assessment Ordinance 4
AND IT IS SO ORDERED.
by the City Council on first reading this 8th day of July , 2009.
by the City Council on second reading this 28th day of July , 2009.
M"�7,
�ARTIN, O.
TTEST:
—' _.
ebe .,a Garza, City Secretary
PPRO D A T CONTENT:
ob Allis n, Assista t-G�anager
evelopment Services
.PPROVED AS TO FORM:
inda L. Chamales,
conomic Development Attorney
::city att/Linda/Ordinances/NO PID Ordinance 2010 Assessment
ne 16, 2009
Park PID Assessment Ordinance 5
Exhibit A Ordinance No. 2009-00065
Exhibit A Ordinance No. 2009-00065
City of Lubbock, TX Ordinance No. 2009-00065
Finance Department
Quincy Park PID Assessment Plan
Exhibit B
Properties will be assessed based on the City's 2010 "net taxable value" as
established by the Lubbock Central Appraisal District and submitted to the City
under Tax Code Section 26.04.
Assessment will be $0.151$100.00 valuation
All property will be assessed based on the final 2010 "net taxable value".
Exhibit B, Page 1 of 2
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THE STATE OF TEXASKa"V , wW
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personally appeared Mary Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the
Notice
on the following dates:
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
is a true copy of the original and was printed in the Lubbock
i 7nn4 /e1a7►, ,n171/2, A7
NOTARY PUB in and for the State of Texas
my commission Expires 4/28/2012
Subscribed and sworn to before me this l IJW- day of
FORM 58-10
a0l
WENDY J. KNOX
j NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012