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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Section 8. Penalties and Interest on Delinquent Special Assessments. Delinquent Special Assessments shall be subject to the penalties, interest, procedures, and foreclosure sales set forth in the Service and Assessment Plan and as allowed by law. The Special Assessments shall have lien priority as specified in the PID Act and the Service and Assessment Plan. Section 9. Prepayments of Special Assessments. As provided in subsection 372.018(f) of the PID Act and Section VI.E of the Service and Assessment Plan, the owner (the "Owner") of any Assessed Property may prepay the Special Assessments levied by this Ordinance. Section 10. Lien Property. (a) As provided in the Landowner Agreement, the City Council and each of the Landowners intend for the obligations, covenants and burdens on the Landowners of the Assessed Property, including without limitation such Landowner's obligations related to payment of the Special Assessments and the Annual Installments, to constitute a covenant running with the land. The Special Assessments and the Annual Installments levied hereby shall be binding upon the Landowner, the Owners, and their respective transferees, legal representatives,heirs,devisees, successors and assigns in the same manner and for the same period as such parties would be personally liable for the payment of ad valorem taxes under applicable law. Special Assessments and the Annual Installments shall have lien priority as specified in the Service and Assessment Plan and the PID Act. (b) The Special Assessments and Annual Installments levied and assessed against the property within the District as provided in this Ordinance and the Service and Assessment Plan, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon each tract of property within the District against which the same are levied and assessed, and a personal liability and charge against the real and true owners of such lot, including the successors and assigns, whether such owners be named herein or not, and said liens shall be and constitute the first enforceable lien and claim against the lot 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 municipal ad valorem taxes. Section 11. Appointment of Administrator and Collector of Assessments. (a) The City's Chief Financial Officer is hereby appointed and designated as the initial Administrator of the Service and Assessment Plan of Special Assessments levied by this Ordinance. The Administrator, or his designee, shall perform the duties of the Administrator described in the Service and Assessment Plan and in this Ordinance. The Administrator's fees, charges and expenses for providing such service shall be part of the Annual Installment, as further described in the Service and Assessment Plan. (b) The City will enter into an agreement with the Hays County Tax Assessor-Collector to collect Special Assessments on behalf of the City. Section 12. Applicability of Tax Code. To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code governing enforcement of ad valorem tax liens (other than with respect to property subject to agriculture use valuation, including redemption rights following a tax sale) shall be applicable to the imposition and collection of Special