O-85-2175 - 5/9/1985ORDINANCE NO. 2175
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
CONSTRUCTION AND IMPROVEMENT OF CERTAIN STREETS OR PORTIONS
THEREOF IN THE CITY OF ROUND ROCK; AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT WITH THE HIGHWAY DEPARTMENT; DIRECTING
THE PREPARATION OF COST ESTIMATES; INVOKING ARTICLE 1105b,
V.A.T.S., DETERMINING THAT THE COST OF SUCH IMPROVEMENTS
PAID BY THE CITY BE REIMBURSED BY ASSESSMENT AGAINST THE
PROPERTY ABUTTING SUCH STREET TO BE IMPROVED; FIXING A LIEN
TO SECURE PAYMENT OF SUCH ASSESSMENTS; AND DIRECTING THE
CITY SECRETARY TO CAUSE NOTICE OF THE ENACTMENT OF THIS
ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF
WILLIAMSON COUNTY, TEXAS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
Section 1. A necessity exists for the construction and
improvement of those certain portions of the east frontage road of
U.S. Interstate Highway 35 and the west frontage road of U.S.
Interstate Highway 35 from the intersection of U.S. Interstate
Highway 35 with U.S. Highway 79 south to the intersection with Texas
Farm to Market Highway 1325, and such construction and improvements
are hereby ordered.
Section 2. The Mayor is hereby authorized and directed to enter
into a contract with the Texas Department of Highways and Public
Transportation for the construction and improvement work herein
described as provided by the laws of the State of Texas. Upon receipt
and opening of the bids for such work by the Highway Department, the
City Engineer is directed to prepare and file with the City Council
an estimate of the total amount of the portion of such costs to be
assessed against the abutting property owners.
Section 3. The City Council deems it advisable and hereby
determines to proceed under the terms and provisions of Article
1105b, V.A.T.S.
Section 4. The cost of the City's share of the improvements shall
be paid as follows, to -wit:
(a) The City's share of the cost shall be paid to the Highway
Department for distribution to the contractor.
(b) The City will then be reimbursed for the amount allowed by
law by assessment against the respective abutting properties and the
true owners thereof in accordance with the provisions of applicable
law. No assessment shall be made against any abutting property or the
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
thereof, whether
installments
installments
later date.
and a personal liability of the true owners
correctly named or not, and shall be payable in
to the City of Round Rock, Texas. The number of
and due dates will be determined by the Council at a
Interest shall accrue on the unpaid balance at the rate
of eight percent (8%) per annum. The owners of said property shall
have the privilege of paying all or any of said installments at any
time before maturity by paying the total amount of principal of such
installment together with interest accrued thereon to the date of
payment. Further, if default be made in the payment of any of said
installments of principal
or interest promptly as the same matures,
then at the option of the City, or its assigns, 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 payable.
Section 4. The City Secretary is hereby directed to cause to be
prepared a notice of enactment of this Ordinance and to file said
notice with the County Clerk of Williamson County, Texas, among the
Deed of Trust Records of said County.
(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,
of
PASSED and ADOPTED on first reading this
Alternative 2.
, 1985.
READ and APPROVED on first reading this
day
of , 1985.
READ, APPROVED and ADOPTED on second reading this the
of , 1985.
ATTEST:
a
NE LAND, City Secretary
7i/a
day
day
MIKE ROBINSON, Mayor
City of Round Rock, Texas