Ord 2020-037/approved an update to the Service and Assessment Plan for the Whisper Public Improvement District; making a finding of special benefit to the property in the district, levying additional assessments against property with the district; establi

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WHEREAS, following the adoption of Creation Resolution, the City published notice of its authorization of the creation of the District in the San Marcos Daily Record, a newspaper of general circulation in the City; and WHEREAS, no written protests regarding the creation of the District from any owners of record of property within the District were filed with the City Clerk within 20 days after the date of publication of such notice; and WHEREAS, pursuant to the Act, the proposed assessment roll (the "Assessment Roll") and service and assessment plan were filed with the City Clerk; and WHEREAS, the statutory notice of a public hearing was published on May 8, 2020, to consider the levy of the proposed assessments (the "Assessments") on real property within the District was published in the San Marcos Daily Record, a newspaper of general circulation in the City and was mailed to the last known address of the owners of the property liable for the Assessments; and WHEREAS, after notice was provided as required by the Act, the City Council on May 19, 2020 and June 2, 2020, held a public hearing to consider the levy of the proposed Assessments on property within the District, at which any and all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the Assessment Roll, and the proposed Assessments, and to offer testimony pertinent to any issue presented on the amount of the Assessments, the allocation of the Actual Costs of the authorized improvements to be undertaken for the benefit of all property to be assessed within the District (the "Authorized Improvements"), the purposes of the Assessments, the special benefits of the Authorized Improvements, and the penalties and interest on annual installments and on delinquent annual installments of the Assessments; and WHEREAS, the City Council finds and determines that the Assessment Roll and the Whisper Public Improvement District Service and Assessment Plan, in a form substantially similar to the attached Exhibit A, which final form shall be approved by the City Manager (the "Service and Assessment Plan"), and which is incorporated herein for all purposes, should be approved and that the Assessments should be levied as provided in this Ordinance, the Service and Assessment Plan and the Assessment Roll; and WHEREAS, the City Council further finds that there were no written objections or evidence submitted to the City Clerk in opposition to the Service and Assessment Plan, the Actual Costs of the Authorized Improvements as described in the Service and Assessment Plan, the Assessment Roll, and the levy of the Assessments; and WHEREAS, in connection with the levy of the Assessments, concurrently herewith, the owners (the "Landowners") of the privately -owned and taxable property located within the District will execute a landowner agreement, wherein the Landowners, among other things, approves and accepts this Ordinance and the Service and Assessment Plan, including the