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Item 7G
City of Southlake, Texas MEMORANDUM February 28, 2006 TO: Shana Yelverton, City Manager FROM: Sharen Jackson, Finance Director SUBJECT: Ordinance No. 512 -A, Amending Ordinance No. 512 which levied assessments for part of the cost of sanitary sewer improvements in Continental Park Estates in the City of Southlake, Texas Action Requested: City Council approval of Ordinance No. 512 -A amending Ordinance No. 512 which levied assessments for part of the cost of sanitary sewer improvements in Continental Park Estates in the City of Southlake, Texas, Background Information: In 1990, City Council approved Ordinance No. 512 which levied a sewer assessment for sanitary sewer improvements in Continental Park Estates. Purchase liens were imposed on all lots within the subdivision until full payment of the assessment. The ordinance imposed an interest rate of 10% per annum. There were a total of 69 lots assessed. There are 8 lots remaining with unpaid balances. In an effort to close the outstanding assessments and provide an incentive for the residents to pay the assessments, we are recommending a six month incentive period with an interest rate of 4.3% for the outstanding balances. If approved the following paragraph will be added to Ordinance No. 512 at the end of Section V: "Notwithstanding any of the foregoing provisions, any unpaid balances owed on assessments levied by Ordinance No. 512 that are fully paid after February 21, 2006 and before August 21, 2006 shall bear interest at the rate of four and one -third percent (43%) per annurn. All other assessments levied by Ordinance No. 512 shall bear interest at the rate of ten percent (10 %) per annum." Financial Considerations: The interest collected per lot would be reduced by $5,728 (difference from $7,924 to $2,196), Citizen Input/ Board Review: 2 nd Public hearing is scheduled for March 7, 2006 Legal Review: The City Attorney prepared Ordinance No. 512 -A. Alternatives: Approve, deny or modify ordinance. Shana Yelverton, City Manager February 28, 2006 Page 2 Supporting Documents: Ordinance No. 512 -A Ordinance No. 512 (adopted 1990) Staff Recommendation: Approve Ordinance No. 512 -A ORDINANCE NO. 512-A AN ORDINANCE AMENDING ORDINANCE NO. 512 WHICH LEVIED ASSESSMENTS FOR PART OF THE COST OF SANITARY SEWER INPROVEMENTS IN CONTINENTAL PARK ESTATES IN THE CITY OF SOUTHLAKE, TEXAS, WHICH AMENDMENT ADDS A NEW PARAGRAPH TO SUCH ORDINANCE TO PROVIDE THAT ANY BALANCES FULLY PAID ON SUCH ASSESSEMENTS AFTER FEBRUARY 21, 2006 AND BEFORE AUGUST 21, 2006 SHALL BEAR INTEREST AT THE RATE OF FOUR AND ONE -THIRD PERCENT PER ANNUM, AND THAT ALL OTHER SUCH ASSESSMENTS SHALL CONTINUE TO BEAR INTEREST AT THE RATE OF TEN PERCENT PER ANNUM; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDINGA SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rules city acting under its charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on .Tune 19, 1990, the City Council of the City of Southlake adopted Ordinance No. 512 which levied assessments for part of the construction costs of sanitary sewer improvements in Continental Park Estates, a subdivision in the City of Southlake, Texas; and WHEREAS, such assessments were levied against all property to be served by the sewer improvements and the owners of such property; and WHEREAS, Section V of Ordinance No. 512 provides that such assessments shall bear interest at the rate of ten percent (10 %) per annum until paid; and WHEREAS, the City Council of the City of Southlake desires to amend Ordinance No. 512 to change the rate of interest on any assessments that are paid between. February 21, 2006 and August 21, 2006, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCITL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Ordinance No. 512 is hereby amended by adding the following new paragraph at the end of Section V: "Notwithstanding any of the foregoing provisions, any unpaid balances owed on assessments levied by Ordinance No. 512 that are fully paid after February 21, 2006 and before August 21, 2006 shall bear interest at the rate of four and one - third percent (4.3 %) per annum. All other assessments levied by Ordinance No. 512 shall bear interest at the rate of ten percent (10 %) per annum. W:ISouth1ake\0rdinances\Sewer Assessment Interest doe Page 1 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3, It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid . judgment or decree of any court of competent ,jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED on fist reading this day of February, 2006. ATTEST: CITY SECRETARY MAYOR PASSED AND APPROVED on second reading this day of February, 2006. ATTEST: CITY SECRETARY MAYOR W:ISouthU elord €nances\Sewer Assessment Interest doc Page 2 OP01NAN 'No. u' AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSM"r,NTS - FOR FART or TEE COST' of SANITARY SEWER =PROVEMENTS IN CONTINENT PARt ESTATES IN THE CITY OF SO'OTHLAKE, TER'AS; FANG CHARGES AM LIENS AGAIUST TIE LOTS IN CONTINENTAL I)nK VSTATES, AND AGAINST '3.THt�3' OIMRS TEBREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES OV ASSESSME't7T AS EVIDEN'CH TMERTOV; RESERVING UNTO THE CITY COUNCIL THE RIGHT To ALLOW CREDITS REDUCING THE AXOUNT OF THE RESPECTIVE ASSESSMENT Tb TF E EXTENT or ANY CREDIT GRANTED," PROVIDTI'FG FOR THE TIM AND XAMR OF PAYMENT OF ASSESSMENTS; PROVIDING THATtT MS ORDINANCE SHALL HE CUMULATXVE OF ALL ORDINANCES; PROVIDING A SEVERAHILITY CLAUSE; PROVIDING F'OR. ENGROSSMENT .AM ENROLLMENT: AND PROVIDING AN EIFpZCT DATE. WHEREAS, the city of Southlake, Texas is a home rule city" acting under its charter adopted by the electorate pursuant to Article XI, section 5 of the Texas Constitution and chapter 9 of the Local Government Cade; and WHEREAS, the City of southlake has heretofore adapted Resolution No. 90 -39 describing a Deoessity for and ordering the construction of sani.ta y sewer improvenents within Continental Park E a subdivision located within the corporate limits of the City of Southlake, Texas, by the laying of mains, laterals and extensions and all appliances and necessary adjuncts required for the sanitary disposal, of excreta and offal from hots within Continental. Park Estates (hereinafter sometimes referred to as the "Projact °). WHEREAS, estimates of the cost of the above -- described sewer improvements were prepared and filed and approved and adopted by s the City Constcil and a time and place was fixed for a hearing and the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place \010 a \ord..25 -I- fixed therefore, to -wit, at 7:30 p.m. on the 5th day of June, 1590, in the Council chamber in the City Hall in the City of Sou'thlake, and at such hearing the City Council heard all protests and objections which were made by the abutting owners in connection with the assessments to be levied. NOW THEREFORE, BE IT DPDAINED BY THE CITY COUNCIL bP THE CITY or BCFIITHEAKE, `I`EXAS L SECTION I The benefit hearing for the assessment for sanitary sewer .improvements as described above is her'e'by closed and all protests and objections, if any, to the assessments levied are hereby overruled. SECTION II The City Council finds from the evidence submitted at said public hearing that they assessments herein should be made and levied against all parcels of property Within continental. Park Estates to be served by such sanitary sewer improvements and against the real, and true miners of such properties, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements for which such assessments are levied, and establish substantial justice and equality and uniformity bet,7een the respective owners of the respecti'v'e properties, and between all parties concerned, consideriricj the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefitted in enhanced value tD the said property by means of the said a.mprovenants and Vtnkelnrd.25 -2- for which assessment is Levied and charge made, in a sun in excess of the said assessment and charge made against the same by this ordinance, and furtber finds that the apportionment of the cost of the improvements is in accordance with the provisions of Section 402.0611, et.. se ., Texas Local Government Code and the charter and ordinances in force in this city, and the proceedings of the City heietofore had with reference to said improvements are and were in all respects valid and regular. SECTXDN III There shall ice, and is hereby levied and assessed against each parcel of property described and identified on Exhibit "A? attached hereto, and against the real, and true owners the"reof (whether such owners be correctly named therein or not) the sum of Two Thousand Four Hundred and Ninety-Four Dollars ($2,494.00) . No error or mistalce in naming any ownex or in describing any property shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assessment for seiger improvements shall not invalidate any assessment .Levied. The total amount assessed against the respective parcels of property, and the owners thereof, is in accordance with the proceedings of the city relating to said improvements and assessments thereof, and is less than the total assessment allowed and permitted by law. SUCTION Iv where more than one person, firm or corporation owns an interest in any property, each said persona, firm or corporation lstakalard..� ..g shall. be personally liable only for its, her or his pro rata portion of the total assessment against such property in proportion as its, her or his respective interest in such property bears to the total, assessment herein :levied on such property: and its, her or his respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. SBOTION v The several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate or ten percent (3.0e) per annum, together with reasonable attorneys' fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed., and a personal liability and charge against the real and trite owners of such properly, whether such owners be correctly named 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 shall be a first and paramount lien thereon, superior to all other liens and claims, except state, county, school district, and city ad valorem taxes. The amounts assessed against the abutting properties and the owners thereof shall constitute a first and prior Lien upon such property and a personal liability of the owners thereof and shall be payable upon the acceptance by the city of Southlake, of the project or any unit thereof after its completion. Said assessments shall be due and payable on or before thirty (30) days after the acceptance by the city of the project -or any unit thereof, except - %9Lnke\ard.25 -4- that, if the abutting owner' so ejects, by complying with the terms hereinafter set forth, sa id assessments may be paid in installments, one half of said assessment to be paid in advance with the remainder of said assessment to be paid in installments over a period of eighteen (18) months. Any owner electing to - Day the assessment in insta.11nents, as provided for herein, as a condition precedent to such election, - must execute a promissory note and mechanic's and naterialman's lien contract evidencing the owner's intent to pay - Lbe assessment in accordance with the terms hereinabove set forth, and granting a mechanic's lien upon and conveying the said abutting property in trust to SeCL=e the payment by the Owner. In any case in which the owner elects to pay the assess in install - rants, the assessment shall bear interest from the date of acceptance of the Project at the rate of ten Pexcemt (LD -) per ann um. Any owner shall have the right to pay any and all b of snob installments at any time before maturity by paying principal and interest accrued to the date of payment. The note s h a ll, b discounted and shall be deemed paid in full UPOD the timely payment of the principal amount of Jvo Thousand Seventy I Dollars (*2,078.00), plus accrued interest thereon. Should any assessment ox' installment thereof not be paid on its due date, the city shall have the option to accelerate the entire unpaid balance of the assessment and declare the same to be immediately clue and payable. This and other terms governing any default in the payment of any installment shall be set forth in the mechanic's and -material-man's lien contract and shall be arlifox among all owners exeont:Lng the - contract. In the alternative, any abutting owner van.- Wave\vrd25 '5- pay the assessment in full by paying the cash amount of TWO Thousand Seventy- Sight Dollars ($2,078.00) no later than thirty (30) days after the acceptance by the city of the Project. In addit.iorn, the City Manager sbal,l have the authority to authorize terms of payment different than these specified herein when he determines that an extreme financial hardship exists. SECTION VI Although the aforementioned charges have been fixed, levied and assessed in the respective amounts hereimabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners 'where deemed. appropriate. Notwithstanding the city Council has herein reserved the right to issue credits, it shall not be requ to issue credits, and trill not do so, if same w0ald result in inequity or unjust discrimination. The principal amount of each of the several assessment certificates to be issued by the city as hereinafter provided, shall be fitted and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be allowad by the Ci.tY Council as a credit against the respective assessments. SECTION VI'I if default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and collector of '.Faxes of the City as near as possible i the Sall=_ manner provided for the sale of property for the non - payment of ad valorem taxes; ar at the option of the- city of Southlake, or its assigns, payment of said sums shall be enforced by suit in any' court of competent jurisdiction, or as provided in any mechanic's or materialman's contract as aforesaid, and the city shall, exercise a ll of its lawful powers to aid in the enforcement and collection of said assessnent. SECTION vzrl ror the purpose of evidencing the several sums assessed against the respective parcels of abutting property and the owne - thereof, and the time and terms of Payment,, and to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respective assessments less the amount of any respective credit allowed thereon, shall be issued by the city upon completion and acceptance by the city of the improvements in each unit of inprovemeat as the work in such unit is completed and accepted. SECTIOV Ix Any irregularity in the name of the property owner, the description of the property or the amount of the assessment shall not invalidate Or im - Pair any assessment levied hereby or any certificate issued, and any such mistake, error, Invalidity or irregularity, whether in such assessment or in the certificate issued in evidence thereof may be (but is not required to be in order to be enforceable) corrected at any time by the City Council. SECTION X All assessments levied are a persona3 liability and charge against the real, and true owners of the premises described, \slaix\ -rd.E5 `7' notwithstanding such owners may not be named, or may be incorrectly named. SBCWION X1 The assessments so levied are for the improvements in the particular unit which will serve the pxoperty described, and the assessments for the improvements in any unit are in no wise affected by t-be improvements or assessments in any other unit, and in soaking assessments and in holding said bearing, the mounts assessed for improvements in any one unit have been in no Wise connected with the improvements or the assessments therefore, in any other unit. This ordinance shall be cumulative of all provisions of ordinances of th city of Southlake, Texas, except where the provi of this ordinance axe in direct conflict with the provisions of such ordinances, i which event the conflicting provisions of such ordinances are hereby repealed. SECTION X1II It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared ImoonGtitution by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, sinoethe same would have been enacted _ - - -bY.- ?' �1tY Caul7a13 without th Lncor in this Ordinance of %shhAvrd -PS `0' an y such unconstitutional phrase clause, sentencer paragraph or section. SECTION X-Tv The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption and effective date of same in the minutes of the City Council and by filing the complete ordinamCe in the appropriate ordinance records of the City. SECTION XV This ordinance r .h t affect and be. in fall force and effect from and after the data of its passage and it is so ordained. PASSED AlqD APPROVED On first reading this day of MA ";T' s AECR ITM S k EA .......... PASSM AM AP PD an second reading this day of IMOR >4 ATTEST 14V SECRM Y \SlakeNard 25 APPROVED AS TO FOP14 AND LEGALITY - c!ii& Attorney ADOPTED: Ma Nstoh%Drd 2.5 °30" m .CT3 in tz. d F [t1 5 6200»- s ---- 1 - - ^Y^ (00FMIRGx !2R fiRE i0 0 400 [ 132 U $i�1 VANTCL T 8TE3% AN1iETTE QO !t 7 50 Tx 76(/002 ~ LL111ETTA 13Agd ° N'NTA� " . -ARU ADD ICaL PSa VAN CC ETU ; ESTATES LLL 02F ��S[ SOUTHLAIl Tx 7 fg6IB3�22g a » ET!!% ii11 ESTATES ADO, 130 E. OUSEPH A611At1 1205 1 Elila 011 C01iT3N�NTn� 9L t LIT a SnUTHURE T% 76092 1 RLAfil ALLAN O1 Aa6204t8 Rpppp ESTATES SOUTHLAEE IX 70002 BLx i ll..ilT d 8200--- - i---- I0062042 1210 scenic on f1T 6AN 5 O 5 nnn g . 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