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O-85-2171 - 4/11/1985ORDINANCE NO. 2171 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE CONSTRUCTION AND IMPROVEMENT OF CERTAIN STREETS OR PORTIONS THEREOF IN THE CITY OF ROUND ROCK; DIRECTING THE PREPARATION OF COSTS 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 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT I. A necessity exists for the construction and improvement of that certain portion of Chisholm Trail from its intersection with the Sam Bass Road, in a northerly direction to its intersection with F.M. 3406. II. The City Council deems it advisable and hereby determines to proceed under the terms and provisions of Article 1105b, V.A.T.S. III. Bids shall be taken for the construction of the road improvements, and the work shall be done with the materials and according to plans and methods determined by the City Council. IV. The cost of said improvements shall be paid as follows: a. The entire cost of constructing, reconstructing, repairing and realigning curbs, gutters and sidewalks and ninety percent (90%) of the remaining cost of such improvements shall be assessed against the abutting properties and true owners thereof in accordance with the provisions of applicable laws. b. All remaining costs shall be paid by the City. V. No assessment shall be made against any abutting property or true owners property in amounts upon all the thereof for costs in excess of the benefits to such enhanced value thereof by means of such improvements. The of such assessments shall constitute a first and prior lien such properties and a personal liability of the true owners thereof, whether correctly named or not, and may be payable in installments to the City of Round Rock, Texas. The number of T6CITYC installments and due dates later date. Interest shall maximum rate allowed by law. the privilege of paying all will be determined by the Council at a accrue on the unpaid balance at the The owners of said property shall have 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 attorney's fees and become immediately due which default is made, together with reasonable all collection costs incurred, shall be and and payable. VI. The cost shall be assessed against said owners and their property respectively, in accordance with what is known as the "Front -Foot Rule," in proportion as the frontage of the property of each owner is to the whole frontage improved. Provided that, if the application of the above mentioned rule would, unjust in the opinion of or unequal, it shall apportion said cost in such having in view the special of apportionment between property owners the City Council, in particular cases be be the duty of said Council to assess and manner as it may deem just and equitable, benefits in enhanced value to be received by each owner of such property, the equities of owners, and the adjustment of such apportionment, so as to produce a substantial equality of benefits received by and burdens imposed upon such owners. VII. 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 Official Deed 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 2. ordinance on two separate days was dispensed with. // READ, PASSED, and ADOPTED on first reading this / / Tib day of , 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: MIKE ROBINSON, Mayor City of Round Rock, Texas 3.