Ord 2018-051/approving an amended and restated Ordinance of the City of San Marcos approving an update to the service and assessment plan for the Trace Public Improvement District

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WHEREAS,an update to the District's previously approved Service and Assessment Plan (the "Updated Service and Assessment Plan") has been determined to be necessary to levy the Additional Assessments; WHEREAS,the City,pursuant to Section 372.016(b) of the PID Act, published notice on November 23, 2018 in the San Marcos Daily Record, a newspaper of general circulation in the City and within its extra-territorial jurisdiction where Public Improvements are to be undertaken, of a public hearing to consider the proposed Additional Assessments to be levied against the property located in the District; WHEREAS,the City,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 before the 106 day before the date of such hearing; WHEREAS,the City Council convened the public hearing at the City Council meeting on December 4,2018,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 Updated Service and Assessment Plan, the Updated Assessment Roll, and each proposed Additional Assessment, and to offer testimony pertinent to any issue presented on the amount of the Additional Assessment, the apportionment of the costs of the public improvements, the purpose of the Additional 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 Additional Assessment; WHEREAS,the City Council finds and determines that the update to the Assessment Roll and the Updated Service and Assessment Plan attached as EXHIBIT A hereto and which is incorporated herein for all purposes, should be approved and that the Additional Assessments (as defined in the Updated Service and Assessment Plan) should be levied as provided in this Ordinance and the Updated Service and Assessment Plan and Updated Assessment Roll, as updated and amended; WHEREAS, the City Council further finds that there were no written objections or evidence submitted to the City Secretary in opposition to the Updated Service and Assessment Plan or the levy of the Additional 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 Updated 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 Updated Service and Assessment Plan; 2