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ORDINANCE NO. 2018-38 <br /> AN ORDINANCE OF THE CITY OF SAN MARCOS APPROVING AN <br /> UPDATE TO THE SERVICE AND ASSESSMENT PLAN FOR THE <br /> TRACE PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF <br /> SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING <br /> ADDITIONAL SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN <br /> THE DISTRICT; ESTABLISHING A LIEN ON SUCH PROPERTY; <br /> APPROVING AN UPDATED ASSESSMENT ROLL FOR THE DISTRICT; <br /> PROVIDING FOR PAYMENT OF THE ADDITIONAL SPECIAL <br /> ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS <br /> LOCAL GOVERNMENT CODE; PROVIDING FOR THE METHOD OF <br /> ASSESSMENT AND THE PAYMENT OF THE ADDITIONAL SPECIAL <br /> ASSESSMENTS; PROVIDING FOR PENALTIES AND INTEREST ON <br /> DELINQUENT ASSESSMENTS; PROVIDING FOR A SEVERABILITY <br /> CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR <br /> RELATED MATTERS <br /> WHEREAS, the Trace Public Improvement District (the "District") was created on <br /> October 20, 2015 by Resolution No. 2015-145R approved by the City Council (the "City Council") <br /> of the City of San Marcos, Texas, (the "City) and on October 18, 2016, Ordinance No. 2016-42 <br /> levying assessments (the "Initial Special Assessments") on property within the District was <br /> approved by the City Council pursuant to Texas Local Government Code, Chapter 372 (the "PID <br /> ow Act"); <br /> WHEREAS, the City Council has determined that pursuant to the PID Act, additional <br /> assessments (the "Additional Special Assessments" and collectively with the Initial Special <br /> Assessments,the "Special Assessments")are necessary to be levied on property within the District <br /> relating to the total cost of the improvements in the District; <br /> WHEREAS, an update to the Service and Assessment Plan has been determined to be <br /> necessary to levy the Additional Special Assessments; <br /> WHEREAS,the City,pursuant to Section 372.016(6)of the PID Act,published notice on <br /> September 20, 2018 in the San Marcos Daily Record, a newspaper of general circulation in the <br /> City, of a public hearing to consider the proposed Additional Special Assessments to be levied <br /> against the property located in the District; <br /> WHEREAS,the City,pursuant to Section 372.016(c) of the PID Act,mailed the notice of <br /> the public hearing for the proposed special assessments to the last known address of the owners of <br /> the property liable for the special assessments before the 10'^day before the date of such hearing; <br /> WHEREAS,the City Council convened the public hearing at the City Council meeting on <br /> October 1, 2018, at which all persons who appeared, or requested to appear, in person or by their <br /> attorney, were given the opportunity to contend for or to contest the update to the Service and <br /> Assessment Plan, the Updated Assessment Roll, and each proposed Additional Special <br /> 1 <br />