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O-85-2169 - 4/11/1985ORDINANCE NO. 2169 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON CERTAIN STREETS IN THE CITY OF ROUND ROCK, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENT PROPOSED TO BE, AND AS ASSESSED AGAINST SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN SAID LIMITS DEFINED; FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, Section 1. The City Council of the City of Round Rock, Texas determines: A. That the City Council of the City of Round Rock has heretofore by ordinance passed on January 24, 1985, determined the necessity for, and ordered the improvement of certain streets in the City of Round Rock, Texas, within the limits therein defined and in the manner and according to the plans and specifications therefor, which plans and specifications, have heretofore been approved and adopted by the City Council. B. That a notice duly executed in the name of the City of Round Rock, Texas, of the enactment has heretofore been filed with the County Clerk of Williamson County, Texas. C. That the City Council caused the preparation of estimates of the cost of such improvement and estimates of the amount per front foot proposed to be assessed against the property abutting each of said streets within the limits defined and against the real and true owners thereof. D. That subsequent to the receipt by the City Council of such estimates, the City Council advertised such improvements for bids and received bids for the performance of the work, the lowest of which bids was substantially in excess of the estimates. E. That the City of Round Rock did provide for and give Notice as required by law of a hearing to be held at 7:00 p.m., April 11, 1985, T6CITYB in the Council Chambers of the City of Round Rock, Texas, at which time and place all persons, firms, corporations and estates owning or claiming any such abutting property, or any interest therein, and their agents and attorneys, and all other persons interested therein, were to appear and be heard in person or by counsel. F. That the City of Round Rock has obtained waivers of notice of such hearing from all persons, and further, that all of such persons have consented, in writing, to be assessed for such improvements on a per front footage basis, based upon the amount of the lowest bid actually received by the City and have waived further notice of such hearing and any claims which such persons may have that the assessments exceed the amount of the estimates. G. That after due publication of notice as required by law, and on the llth day of April, 1985, at 7:00 p.m., said hearing was opened and held in accordance with said Notice, at which time and place an opportunity was given to all of the abovementioned parties and agents and attorneys to be heard and to offer evidence as to all matters in accordance with said notice. H. That said City Council did consider and correct all errors, invalidities or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the laws under which same are being had and with the directives of said City Council in reference to such improvements, and that all of same are in all respects valid and regular. 2. That based upon such hearing, the said City Council has determined that the properties, and each and every parcel of such property abutting upon the streets and units as hereinafter set out, will be enhanced in value and specially benefited by the construction of such improvements in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter assessed against each of said parcels of property abutting upon said streets, and the real and true owners thereof. Section 2. There being no further protests or testimony for or against or in reference to said improvements, benefits or proceedings, said hearing granted to the real and true owners of 2. properties abutting upon said streets or units within the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, shall be, and the same is hereby closed, and all protests and objections whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. Section 3. The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel set out that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said streets, will be in excess of the amount of the costs of said improvements proposed to be, and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments herein made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas; and further finds that all proceedings heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law and the proceedings of said City Council. Section 4. In pursuance of said action by said City Council authorizing and ordering the improvements of said streets and units, including the said portions of streets and units hereinbelow set out and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105b, Vernon's Annotated Civil Statutes of Texas, as amended, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property hereinafter described in 3. Exhibit A attached hereto and adopted and made a part hereof, said property abutting upon the said streets and units therein described and against the real and true owners of such property whether such real and true owners be named, or correctly named, or said properties be correctly described herein or not, the several sums of money therein mentioned and itemized opposite the description of the respective parcels of said property, the description of such property, the number of front feet of each and the several amounts assessed against the same and the real and true owners thereof. Section 5. The assessments levied and described in Exhibit A are for a portion of the costs of said improvements in the streets and units therein set out and the assessments for the improvements in said units are in nowise related to, or connected with, the improvements on assessments in any other of the streets or units described in said ordinance; and in levying said assessments the amount so assessed for the improvements in said units have been in nowise affected by any fact or thing in any way connected with the improvements or the assessments therefor in any other of said units. The omission of the improvements in any of said streets or units as a whole shall in nowise affect nor impair the validity of the assessments in any other of said units and the omission of the improvements in any particular street or unit in front of any parcel of property exempt from the lien of such assessments or against which a valid property assessment cannot be levied, shall in nowise affect nor impair the validity of the assessments against the other properties in such unit. Section 6. The several sums mentioned above in section 4 hereof, assessed against said parcels of abutting property and the real and true owner or owners thereof, whether said owners be named or correctly named, or said properties be correctly described herein or not, together with interest thereon at the rate of eight percent (8%) per annum and with reasonable attorney's fees and all costs and expense of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which same are assessed from and after the date said 4. improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, paramount and superior to all other liens, claims or titles except for lawful ad valorem taxes; and that the sums so assessed shall be payable to City of Round Rock or its assigns as follows, to-wit: in five (5) equal annual installments, the first of which will be payable on or before thirty (30) days after the completion of said improvements, and the four (4) remaining installments to be due and payable respectively, one (1), two (2), three (3), and four (4) years from and after the date of completion of said improvements deferred payments to bear interest from such date at the rate of eight percent (8%) per annum, payable annually, past due installments of principal and interest at the same rate per annum until paid, so that upon the completion of the improvements in any unit or portion of street above defined, the assessments against the property abutting upon such completed unit shall be and become due and payable in installments and with interest as above provided; however, any owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof before maturity by paying principal and accrued interest to date of said payment; and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which such default is made, at the option of said City of Round Rock, or its assigns, shall be and become immediately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection, if incurred. Section 7. All such assessments levied are, and shall be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment 5. levied hereby, and any such mistake or error, invalidity or irregularity, may be, but is not required to be, in order to be enforceable, corrected at anytime by the City Council of the City of Round Rock, Texas. 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 // '' 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: NE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 6. EXHIBIT "A" 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: Estate of John H. Nash, Jr. 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: Estate of John H. Nash, Jr. 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. 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 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 2.