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O-85-2179 - 5/23/1985ORDINANCE NO. 2179 AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN ESTIMATES OF THE TOTAL COST OF THE CONTEMPLATED IMPROVEMENTS, AND THE ESTIMATES OF THE COSTS TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 7:00 P.M. ON THE 27TH DAY OF JUNE, 1985, IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL OF ROUND ROCK, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN THE PROCEEDINGS CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That the City Council of the City of Round Rock, Texas, hereby finds and determines: (a) That the City Council has heretofore by ordinance duly enacted on January 24, 1985, determined the necessity for, and ordered the improvement of a portion of Chandler Road from its intersection with the east frontage road of U.S. Interstate Highway 35, thence in an easterly direction approximately Three Thousand Eight Hundred (3,800) feet to its intersection with Sunrise Road. (b) That a certified copy of said ordinance has heretofore been filed with the County Clerk of Williamson County, Texas, the county in which the City of Round Rock is located. (c) That the construction of said improvements will be accomplished by the City of Round Rock by and through its approved contractor. (d) That the City Council has had plans and specifications and cost estimates for the proposed project prepared by a registered professional engineer and the same has been received, examined and approved by the City Council. That the City Council has caused the preparation of estimates of the costs and estimates of the amount to be assessed against the property abutting said frontage road, and the real and true owners thereof; and the same has been received, examined and approved by said City Council; and that in accordance with said statement of estimates so filed and herein approved, the amounts of said estimated costs are as hereinafter stated and set out in the schedule contained in paragraph II hereof. (e) II. (a) Upon examining the aforesaid statement, the City Council has determined, in accordance with Art. 1105b Sec. 7 that the Front Foot Plan or Rule would be used except where such plan would result in injustice or inequity to the owners of certain abutting property and that in that case the cost of the assessment should be apportioned among the property owners having in view the special benefits in enhanced value T9CITYG to be received by such parcels of property and owners thereof, the equities of such owners, and the adjustment of such apportionment so as to produce a substantial equality of benefits received and burdens imposed. (b) The written statement and report heretofore filed with the City Council, showing the estimated total costs of all the improvements on said frontage road and showing the amounts proposed to be assessed against the abutting property and the real and true owners thereof; said report and the estimates therein shown are hereby in all things approved and adopted; and it is hereby found and determined by the City Council that the estimated amounts of the several respective items of costs of said improvements are as follows, to -wit: (1) The estimated total cost of all the improvements is $696,754.50. (2) The amounts proposed to be assessed against the abutting property and the real and true owners thereof are as follows: Tract 1) Property Owner: Burroughs Corporation Burroughs Place Detroit, Michigan 48232 Property Description: A 100.0 acre tract out of the E. Evans Survey, Abstract No. 212, Williamson County, Texas, more particularly described in a deed found at Volume 793, Page 127. Estimated Front Footage: 3,272.75 feet Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $271,998.25 Tract 2) Property Owner: John Nash Ranch P.O. Box 1195 Austin, Texas 78767 Property Description: 4.998 acres of land out of the E. Evans Survey, Abstract No. 212, and the Barney C. Low Survey, Abstract No. 385 and the N.B. Anderson Survey, Abstract No. 29, Williamson County, Texas, more particularly described in a deed of record found in Volume 852, Page 448. Estimated Front Footage: 220 feet Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $18,284.20 Tract 3) Property Owner: John Nash Ranch P.O. Box 1195 Austin, Texas 78767 Property Description: A 100.27 by 200 foot strip along the west side of the 4.998 acre tract (referred to as Tract Two herein) being .4604 acres of land out of the E. Evans Survey, Abstract 212, Williamson County, Texas. 2. Estimated Front Footage: 100.27 Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $8,333.44 Tract 4) Property Owner: Applied Information Memories/Provident Development Corporation 8140 N. Mopac, Suite 130 Austin, Texas 78759 Property Description: Lot 1, Section 4, Oakmont Centre, Williamson County, Texas. Estimated Front Footage: 759.87 Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $63,152.79 Tract 5) Property Owner: TransWestern/Provident Development Corporation 8140 N. Mopac, Suite 130 Austin, Texas 78759 Property Description: Lot 1, Section 2, Oakmont Centre, City of Round Rock, Williamson County, Texas. Estimated Front Footage: 270.08 Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $22,446.35 Tract 6) Property Owner: Provident Development Company 8140 N. Mopac, Suite 130 Austin, Texas 78759 Property Description: Lot 1, Section 5, Oakmont Centre, City of Round Rock, Williamson County, Texas Estimated Front Footage: 299.92 Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $24,926.35 Tract 7) Property Owner: McNeil Laboratories Camp Hill Road Fort Washington, PA 19034 Property Description: 65.39 acre tract of land out of the E. Evans Survey, Abstract No. 212, Williamson County, Texas, more particularly described in a deed of record in Volume 657, Page 659. Estimated Front Footage: 1,338.56 Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $111,247.72 Tract 8) Property Owner: Robert Brandes/Provident Development Company 8140 N. Mopac, Suite 130 Austin, Texas 78759 3. Property Description: Lot 1, Section 3, Oakmont Centre, City of Round Rock, Williamson County, Texas. Estimated Front Footage: 777.60 Estimated Cost Per Front Foot: $83.11 Assessment To Subject Property: $64,626.34 III. The portion of the cost of said improvements not herein assessed against the abutting property and the real and true owners thereof will be paid by the City of Round Rock and Williamson County. The portion herein assessed against the abutting property and the real and true owners thereof will be accomplished in accordance with, and in the manner provided by Article 1105b. V.A.T.S., as amended. No assessment shall be made against any abutting property or the real and true owners thereof for costs in excess of the benefits to such property in enhanced value thereof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the true and real owners thereof, whether correctly named or not, and shall be payable in installments, as follows: When the improvements herein ordered have been completed, the amount of the assessment against each property abutting the frontage road and the real and true owners thereof shall be and become payable in five (5) equal annual installments, the first payment being due thirty (30) days from date of completion and on the same day of each and every calendar year thereafter until the whole of said sum, together with interest at the rate of eight percent (8%) per annum, has been duly paid; provided, however, that the owner of any of said property shall have the privilege of paying all or any portion of said installments at any time before maturity thereof; provided further, that if default shall occur in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City Council, the entire amount of the assessment upon which default is made, together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable. 4. IV. A hearing shall be held and given to the real and true owners of the property abutting the aforesaid frontage road and anyone else interested therein, as to the assessment and as to the amount to be assessed against each parcel of abutting property, and the real and true owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, and concerning any error, invalidity, irregularity or deficiency in any proceedings or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of Round Rock, Texas, in the Council Chambers at 7:00 o'clock p.m., on the 27th day of June, 1985, at which time and place all persons, firms, corporations or estates owning or claiming such abutting property, or any interest therein, and their agents or attorneys, and persons interested in said proceedings, shall be notified to appear and to be heard in person, or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time and kept open, until all evidence and protests have been duly offered and heard; and the City Secretary is hereby directed to give notice of said hearing by publication as required by Art. 1105b V.A.T.S. V. Following such hearing as above provided, assessments will be levied against such abutting property, and the real and true owners thereof for that portion of the costs of said improvements herein-above determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assessments, if the name of the owners be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to name such owner or in describing any of said property 5. shall invalidate any assessment, but nevertheless, the real and true owners of said abutting property shall be liable and the assessment against said abutting property shall be valid whether or not such owner be named, or correctly named, or said property correctly described therein. (Mark through the following alternative that is not applicable) Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this AtZawifday of >12 , 1985. Alternative 2. READ and APPROVED on first reading this the day of , 1985. READ, APPROVED and ADOPTED on second reading this the day of , 1985. ATTEST: /• - meld_ J' NNE LAND, City Secretary ut% MIKE ROBINSON, Mayor City of Round Rock, Texas 6.