Ordinance No. 12,079ORDINANCE NO. 12,079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PUBLIC
IMPROVEMENT DISTRICT NUMBER ONE; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City of Baytown (the "City") is authorized pursuant to TEX. LOCAL GOv'T CODE, ch. 372,
as amended ( "Chapter 372 ") to create public improvement districts for the purposes described therein; and
WHEREAS, the City received a petition (the "Petition ") requesting the creation of the Baytown Public
Improvement District Number One (the "PID"), held a public hearing, and created the PID in accordance with the
applicable provisions of Chapter 372; and
WHEREAS, the City passed and adopted Resolution No. 1884 establishing Baytown Public Improvement
District Number One on September 27, 2007; and
WHEREAS, the City Council wishes to adopt the Service and Assessment Plan with respect to the PID;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
Section 1: That the facts recited in the preamble hereto are found to be true and correct.
Section 2: That the City Council of the City of Baytown hereby approves the Service and Assessment
Plan, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 3: That the Mayor, City Clerk and any other appropriate officials of the City are hereby
authorized to take all necessary actions on behalf of the City to implement the terms thereof in accordance therewith.
Section 4: This ordinance shall take effect immediately from and after�sage by the City Council of
the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the (fifty Council of the City of Baytown this
the 11'n day of October, 2012. � 'If
ACIO RAMIREZ, SR., Co Attorney
R: \Karen\ Files \City Council\Ordinances\2012 \October 1 RUID_ORD_ApprovingSAP_07 30 12CIean.doc
DONCARLOS,
EXHIBIT A
Service and Assessment Plan
Baytown Public Improvement District Number One
City of Baytown, Harris County, Texas
1. Introduction
This Service and Assessment Plan (the "Plan ") is prepared and adopted in conformance with the
Public Improvement District Assessment Act, codified as Chapter 372, Texas Local Government Code (the
"Act "), and pursuant to City Resolution No. 1884 creating the Baytown Public Improvement District
Number One (the "PID" or the "District "), City of Baytown (the "City "), Harris County, Texas. The
creation of the PID was initiated by a petition (the "Creation Petition ") submitted by property owners
within the PID boundaries in compliance with the requirements of Section 372.005 of the Act.
2. Boundaries
The boundaries of the PID are as indicated City Resolution No. 1884 creating the PID, and as
generally described in Exhibit A attached to this document.
3. Administration of the District
Administration of the District is the responsibility of the City Council of the City of Baytown,
Texas, but to the extent allowed by law, the City may contract with a private- sector company to carry
out all or part of the City responsibilities as well as day -to -day operations and administration of the
District.
4. Public Improvements
The Public Improvements included in the Plan will confer a special benefit to properties within
the Public Improvement District and will consist of the reconstruction and improvement of Bay Oaks
Harbor Drive, including utilities and associated drainage infrastructure, and financing costs. The Public
Improvements will be pre- funded by the City of Baytown. The City will be reimbursed for the Public
Improvement costs through the assessment of benefitted properties.
A. Bay Oaks Harbor
Bay Oaks Harbor Subdivision is an existing subdivision within the PID as described in Exhibit B to
this document. The Public Improvements authorized under this Plan for Bay Oaks Harbor Subdivision,
and the estimated costs thereof, are described below:
Baytown Public Improvement District Number One, City of Baytown, Texas
Bay Oaks Harbor
PID COSTS
PUBLIC IMPROVEMENT
ESTIMATED COST
1. Reconstruction and Improvement of
$1,750,000
Bay Oaks Harbor Drive
2. PID Creation Costs
$35,000
Total
$1,785,000
5. Construction of Public Improvements
Design and construction of all Public Improvements will be performed to City specifications, and
all construction shall be bid as required by the City. The Plan will be reviewed annually in accordance
with the provisions of Chapter 372 of the Local Government Code and will include a review of the
budgets, expenditures and revenues of the District.
6. Conveyance of Improvements to the City
Upon completion of the improvements, and final inspection and acceptance of the Public
Improvements by the City, the public improvements will be conveyed to the City for ownership and
maintenance subject to the City's rights of reimbursement.
7. Authorized Improvements
The area within the PID comprises more acreage than just Bay Oaks Harbor Subdivision, and
most of the acreage is undeveloped. Additional public improvements will be undertaken in other areas
of the PID at which time this plan will be updated and amended to reflect the other public improvement
costs and the assessments necessary to fund them. The goal of this Plan is to provide sufficient
certainty for the owners of land within the PID to proceed with the financing and construction of the
necessary Public Improvements, while allowing for sufficient flexibility to meet the needs of the PID over
the life of the development of residential properties within the PID.
S. Advance Financing by the City and Developers
As previously stated, the City will advance funds for the construction of public improvements in
Bay Oaks Harbor. Likewise, Developers will advance the funds for construction of the Public
Improvements in other undeveloped portions of the PID and will be entitled to repayment pursuant to
Development Agreements executed between the City and the Developers. Although the Public
Improvements are required for the growth and development of the PID, it is not necessary for them to
be built simultaneously.
Baytown Public Improvement District Number One, City of Baytown, Texas 2
9. Apportionment of Costs
Payment of assessments, if any, on property owned by exempt jurisdictions other than the City
shall be established by contract.
10. Levy of Assessments
The plan of assessment contemplates that the assessment will be levied as Public Improvements
are constructed within each portion of the District. The assessment year shall be concurrent with the
City's tax year. The assessments against property may be paid in annual installments based on a
specified term and interest rate.
A. Bay Oaks Harbor
The Plan estimates the following assessments for residential and homeowner association
properties in Bay Oaks Harbor according to the cost of the Public Improvements. The total assessment
can be paid upfront or at any time hereafter. The assessment can also be financed and paid in equal
annual installments over ten (10) years as prescribed below at 3.0% interest. The financing cost
associated with assessments paid in annual installments shall include the cost of collecting the
assessments.
Total Assessment $0.85 per square foot of lot
Financed Assessment $0.10 per square foot per year
B. Levy and collection.
Notice of the levy of each assessment will be given as provided in Chapter 372 of the Local
Government Code. The assessment levy statement will be sent to each property owner in the District,
and the installment of the assessment levy will be due and payable at the same time property taxes are
due and payable to the City.
The first installment of an assessment against a particular property shall be due in tax year 2013.
The City will invoice each owner of property for the installment payment in conjunction with the City's
annual property tax bill, and the installments shall be due and payable, and incur penalty and interest for
unpaid installments in the same manner as provided for the City's property taxes. Thereafter,
subsequent installments shall be due in the same manner in each succeeding calendar year until the
assessment as provided herein has been paid in full. The owner of assessed property may pay at any
time the entire assessment then due on each property. An amortization schedule will be kept for each
property subject to the assessment to show annual payments made and the outstanding balance due.
Failure of an owner to receive an invoice shall not relieve the owner of the responsibility of for the
assessment.
A lien will be established against the property assessed effective as of the date of the ordinance
levying the assessment, privileged above all other liens, including prior mortgage liens, to the extent
allowed by Section 372.018(b) of the Local Government Code. Assessment installments shall be
considered delinquent on the same date as the City's property taxes. Delinquent assessments or
installments shall incur the costs of collection. If practicable, the assessment shall be included on the
Baytown Public Improvement District Number One, City of Baytown, Texas 3
City property tax statement. Notwithstanding the above, the assessment lien shall be perfected
immediately as to the entire assessment, but may be executed only with respect to the amounts then
due or past due for current or prior installments or final payment. Assessments are personal obligations
of the person owning the property assessed in the year an installment payment becomes due, and only
to the extent of such installment(s).
The owner of assessed property may pay at any time the entire assessment then due on each
property.
Baytown Public Improvement District Number One, City of Baytown, Texas 4
EXHIBIT A
PID Boundary
Baytown Public Improvement District Number One, City of Baytown, Texas
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Baytown Public Improvement District Number One, City of Baytown, Texas 6