Ord 2016-042/approving a service and assessment plan for the Trace Public Improvement District; making a finding of special benefit to the property in the district; levying special assessments against property within the district; establishing a lien on s

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WHEREAS, no written protests of the District were filed by any owners of record of property within the District within 20 days after March 27, 2016; WHEREAS, the City Council, pursuant to Section 372.016(b) of the PID Act, published notice on September 16, 2016 in the San Marcos Daily Record, a newspaper of general circulation in the City, of a public hearing to consider the proposed special assessments to be levied against the property located in the District; WHEREAS, the City Council, pursuant to Section 372.016(c) of the PID Act, mailed the notice of the public hearing for the proposed special assessments to the last known address of the owners of the property liable for the special assessments; WHEREAS, the City Council convened the public hearing at the City Council meeting on October 3, 2016, at which all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or to contest the Service and Assessment Plan, the Assessment Roll, and each proposed assessment, and to offer testimony pertinent to any issue presented on the amount of the Special Assessment, the apportionment of the costs of the public improvements,the purpose of the Special Assessment,the special benefits accruing to the property within the District due to the public improvements, and the penalties and interest of annual installments and on delinquent annual installments of the Special Assessment; WHEREAS,the City Council finds and determines that the Assessment Roll and the Trace Public Improvement District Service and Assessment Plan (the "Service and Assessment Plan") attached as EXHIBIT A hereto and which is incorporated herein for all purposes, should be approved and that the Special Assessments (as defined in the Service and Assessment Plan) should be levied as provided in this Ordinance and the Service and Assessment Plan and Assessment Roll; WHEREAS, the City Council further finds that there were no written objections or evidence submitted to the City Clerk in opposition to the Service and Assessment Plan or the levy of the Special Assessments; WHEREAS, the City Council closed the public hearing, and after considering all comments and all written and documentary evidence presented at the hearing, including all written comments and statements filed with the City, determined to proceed with the adoption of this Ordinance in conformity with the requirements of the PID Act; WHEREAS, the apportionment of the cost of the Public Improvements and the Annual Installment pursuant to the Service and Assessment Plan is fair and reasonable,reflects an accurate presentation of the special benefit each property will receive from the administrative services and construction of the Public Improvements identified in the Service and Assessment Plan, and is hereby approved; WHEREAS, the Service and Assessment Plan covers a period of at least five years and defines the annual indebtedness and projected costs for the Public Improvements and Administrative Expenses;