Ord 2021-095/Levying speciall assessment for and apportioning the cost of certain improvement to property in and for the whisper S public improvement district fixing a charge and lien against all properties within the district.

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Assessment Rolls, consents to and accepts the levy of the Assessments against their property located within the District and agrees to pay the Assessments; and WHEREAS, the City Council closed the hearing on December 15, 2021, and, after considering 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 Act; and WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: Section 1. All matters stated in the preamble of this Ordinance are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. The Service and Assessment Plan, attached hereto as Exhibit A has been presented to and reviewed by the City Council and the City Council hereby approves the Service and Assessment Plan and adopts the Service and Assessment Plan as the service plan and assessment plan for the District. All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Service and Assessment Plan. Section 3. The Authorized Improvements described in the preamble hereof include the improvements described in Section III.A. of the Service and Assessment Plan that will benefit and serve all of the property within the District (the "Major Improvements"), the improvements described in Section III.B. of the Service and Assessment Plan that will benefit and serve all of the property within Improvement Area #1 of the District, as described in the Service and Assessment Plan (the "Improvement Area #1 Improvements"), the improvements described in Section III.C. of the Service and Assessment Plan that will benefit and serve all of the property within Improvement Area #2 of the District, as described in the Service and Assessment Plan (the "Improvement Area #2 Improvements"), and the improvements described in Section III.D. of the Service and Assessment Plan that will benefit and serve all of the property within Improvement Area #3 of the District, as described in the Service and Assessment Plan (the "Improvement Area #3 Improvements"). The Major Improvements, Improvement Area #1 Improvements, Improvement Area #2 Improvements and Improvement Area #3 Improvements are referred to herein, collectively, as the "Authorized Improvements") Section 4. The City Council hereby finds and determines upon the evidence presented in reference to the property located within the District that: (i) the enhancement and value to accrue to the District and the real and true owner or owners thereof by virtue of construction of the Authorized Improvements will be equal to or in excess of the amount of the cost of the proposed Authorized Improvements; (ii) that the apportionment of the costs of the Authorized Improvements and the Assessments here and below made are just and equitable and