O-2008-3068 Assessments against Section One properties within the City of La Porte Lakes at Fairmont Greens

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ORDINANCE NO. 2008- 3~ r AN ORDINANCE OF THE CITY COUNCIL OF LA PORTE, TEXAS, LEVYING AN ASSESSMENT AGAINST SECTION ONE PROPERTIES WITIllN THE CITY OF LA PORTE LAKES AT FAIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT; CREATING A FIRST AND PRIOR LIEN SECURING PAYMENT OF THE ASSESSMENTS LEVIED; MAKING CERTAIN FINDINGS RELATED THERETO; FINDING COMPLAINCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of La Porte (the "City") is authorized pursuant toTEX. LOCAL GOV'T CODE, ch. 372, as amended ("Chapter 372") to create public improvement districts for the purposes described therein, and to levy and collect an assessment in furtherance of the purposes thereof; and WHEREAS, the City has created City of La Porte Lakes at Fairmont Greens Public Improvement District (the "PID"), adopted a Service and Assessment Plan (the "Plan") for the PID, all in accordance with the applicable provisions of Chapter 372; and WHEREAS; the City Council filed a proposed assessment roll with the City secretary which roll was available for public inspection, and following notice thereof by mail and publication as required by Chapter 372, the City Council held a public hearing at which written or oral objections to the proposed assessments were considered and passed on by the City Council; and WHEREAS, the City Council has determined that the levy of a special assessment for and on behalf of the Pill is necessary and advisable, and that the proposed assessment roll apportions the cost of the subject improvements in the Pill on the basis of special benefits accruing to the property because of the improvement, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that: Section 1. The facts recited in the preamble hereto are found to be true and correct. Section 2. The assessment roll attached hereto is hereby approved and the special assessments described therein are hereby levied on the subject property in accordance with the terms of the Plan, which Plan determines, inter alia, the method of payment of the assessments, and makes provision for the payment thereof in periodic installments, interest thereon and the collection thereof. The Mayor, City Secretary 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 3. . There is hereby created a first and prior lien securing payment of the assessment levied, effective as of the date of this Ordinance as provided in the Plan and Chapter 372. LFG _Section One_Pill _ Assessment Ordinance (3).DOC 1