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, the Service and Assessment Plan apportions the cost of the Public Improvements and Administrative Expenses to be assessed against property in the District and such apportionment is made on the basis of special benefits accruing to the property because of the Public Improvements and Administrative Expenses; WHEREAS, all of the real property in the District which is being assessed in the amounts shown in the Assessment Roll will be benefitted by the services and improvements proposed to be provided through the District in the Service and Assessment Plan, and each parcel of such real property will receive special benefits in each year equal or greater than each Annual Installment and will receive special benefits during the term of the Special Assessments equal to or greater than the total amount assessed; WHEREAS, the method of apportionment of the cost of the Public Improvements, Administrative Expenses, and Annual Installments associated with the Public Improvements set forth in the Service and Assessment Plan results in imposing equal shares of the costs of the Public Improvements and Administrative Expenses on property similarly benefitted, and results in a reasonable classification and formula for apportionment of such costs; WHEREAS, the Service and Assessment Plan should be approved as the service plan and assessment plan for the District as described in Sections 372.013 and 372.014 of the PID Act; WHEREAS, the Assessment Roll in the form attached as Appendix A to the Service and Assessment Plan (the "Assessment Roll") should be approved as the assessment roll for the District; WHEREAS, the provisions of the Service and Assessment Plan relating to due and delinquency dates for the Special Assessments and the Annual Installments, interest and penalties on delinquent Special Assessments and Annual Installments and procedures in connection with the imposition and collection of the Special Assessments should be approved and will expedite collection of the Special Assessments in a timely manner in order to provide the services and improvements needed and required for the area within the District; and WHEREAS,the assessments herein levied and assessed are made and levied under and by virtue of the terms, powers and provisions of the PID Act. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS THAT: Section 1. Findings. The findings, determinations and recitations set out in the preambles of this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes. Section 2. Public Hearing. The action of the City Council holding and closing the public hearing in these proceedings is hereby ratified and confirmed.