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O-85-2144 - 1/24/1985ORDINANCE NO. 2144 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 Chandler Road from its intersection with the east frontage road of U.S. Interstate Highway 35, in an easterly direction approximately 3,800 feet to its intersection with Sunrise Road. 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 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 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 installments and due dates will be determined by the Council at a later date. Interest shall accrue on the unpaid balance at the maximum rate allowed by law. 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 due 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 of apportionment between property owners would, in the opinion of the City Council, in particular cases be unjust or unequal, it shall be the duty of said Council to assess and apportion said cost in such manner as it may deem just and equitable, having in view the special 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 ordinance on two separate days was dispensed with. EAD, PASSED, and ADOPTED on first reading this �`� TH day of 41.44,1,.„,„,_ , 19/5 i Alternative 2. READ and APPROVED on first reading this the day of , 19 READ, APPROVED and ADOPTED on second reading this the day of , 19 7444 ." MIRE ROBINSON, Mayor City of Round Rock, Texas ATTEST: 041/Y VAL) jawL/ J NNE LAND, City Secretary x:1131 PAc,E 792 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 3557 I, JOANNE LAND, City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the/day of 1915, which is recorded in the minutes of the City of Round Rock in book /5 page(s) /0/ . WITNESSED by my hand and seal of the City of Round Rock, Texas on TN this ai�day of , 1985. OIa4J f NE LAND, City Secretary C9ry of Round Rock, Texas OFFICIAL RECORDS WIL.LIAMSQN COUNTY TEXAS VOL 1131 PAGE 793 ORDINANCE NO. c/`1/C 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 Chandler Road from its intersection with the east frontage road of U.S. Interstate Highway 35, in an eaM,Lerly direction approximately 3,800 feet to its intersection with Sunrise Road. II. The City Council deems it advisable and hereby determines to proceed under the terms and provisions of Article 1105b, V.A.T.S. 111. 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 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 and a personal VOL 1131 PA�,E 794 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 installments and due dates will be determined by the Council at a later date. Interest shall accrue on the unpaid balance at the maximum rate allowed by law. 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 due 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 of apportionment between property owners would, in the opinion of the City Council, in particular cases be unjust or unequal, it shall be the duty of said Council to assess and apportion said cost in such manner as it may deem just and equitable, having in view the special 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. VOL 1131 PAGE 795. (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 4i ctjN day o f L[iyW..,Q 1 , 19 /• Alternative 2. READ and APPROVED on first reading this the day of , 19 READ, APPROVED and ADOPTED on second reading this the day of , 19 MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: NNE LAND, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED on the date and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on JAN 3 0 1985 COUNTY CLERK WILLIAMSON COUNTY, TEXAS