Ord 2018-038/approving an update to the service and assessment plan for the Trace Public Improvement District; making a finding of special benefit to the property in the district; levying additional special assessments against property within the district

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Section 10. Lien Property. (a) As provided in the Landowner Agreement dated October 18, 2016 executed by and between the City and Highpointe Trace, LLC ("Original Landowner") which was recorded as Instrument No. 17006517 in the Official Public Records of Hays County, Texas, the obligations, covenants and burdens on the Landowner of the Assessed Property, including without limitation, obligations related to payment of Special Assessments and the Annual Installments, constitute a covenant running with the land. The Special Assessments and the Annual Installments levied hereby shall be binding upon the Landowner, 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 Updated 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 Updated 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 and any homestead rights that may apply. Section 11. Appointment of Administrator and Collector of Assessments. (a) The City's Chief Financial Officer is hereby appointed and designated as the Administrator of the Updated Service and Assessment Plan and of Special Assessments levied by this Ordinance. The Administrator shall perform the duties of the Administrator described in the Updated 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 Updated Service and Assessment Plan. (b)The City will enter into an agreement,or amend an applicable agreement,with the Hays County Tax Assessor-Collector to collect Special Assessments levied herein 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 Assessments by the City, and the Texas Tax Code shall otherwise be applicable to the extent provided by the PID Act. Section 13. Severability. If any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid,the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or r application,and to this end the provisions of this Ordinance are declared to be severable. 5