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O-81-938 - 9/10/1981ORDINANCE NO. 93j' 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 IMPROVE- MENT 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 THERE- OF, 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 September 10, 1981, 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 specifica- tions, 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 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. January 28, 1982, in the Council Chambers in the Library Building 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. E. That after due publication of notice as required by law, and on the 28th day of January, 1982, 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. F. 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. G. 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 improve- ments 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 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 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 name, or said properties be correctly described herein or not, together with interest thereon at the rate of eight (8) percent 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 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 (8) percent per annum, payable annually, past due installments of principal and interest at the same rate per annum until paid, so that upon the comple- tion 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 I. Tract One A. Property Owner: EXHIBIT A Triangle Association 2030 American Bank Tower Austin, Texas 78701 B. Property Description: 5.8505 acres out of the David Curry Survey, Abstract No. 130, Round Rock, Williamson County, Texas, as described in a deed recorded in Vol. 538, Page 546 of the Deed Records of Williamson County, Texas. C. Estimated Front Footage: 963.8 feet D. Estimated Cost per Front Foot: $46.31 E. Assessment to Subject Property: $44,633.58 II. Tract Two A. Property Owner: Bell -Rent Corporation c/o Pennant Marina, Ltd. 335 North Road Coquitlam, British Columbia, Canada B. Property Description: 8.324 acres of land out of the David Curry Survey, Abstract No. 130, and the Wiley Harris Survey, Abstract No. 298, Round Rock, Wil- liamson County, Texas, as described in a deed recorded in Vol. 817, Page 535, Deed Records, Williamson County, Texas. C. Estimated Front Footage: 778.24 feet D. Estimated Cost per Front Foot: $46.31 E. Assessment to Subject Property: $36,040.29 III. Tract Three A. Property Owner: Bell -Rent Corporation c/o Pennant Marina, Ltd. 335 North Road Coquitlam, British Columbia, Canada B. Property Description: 6.098 acres of land out of the David Curry Survey, Abstract No. 130, Round Rock, Williamson County, Texas, and resurveyed to contain 5.951 acres and described in a deed recorded in Vol. 817, Page 844, Deed Records, Williamson County, Texas. C. Estimated Front Footage: 585.30 feet D. Estimated Cost per Front Foot: $46.31 E. Assessment to Subject Property: $27,105.24 • IV. Tract Four A. Property Owner: Estate of Calvin C. Huffman 603 West 9th Austin, Texas B. Property Description: 18.90 acres of land out of the David Curry Survey, Abstract No. 130, Round Rock, Williamson County, Texas, as described in a deed re- corded in Vol. 473, Page 137, Deed Records, Williamson County, Texas. C. Estimated Front Footage: 1,603 feet D. Estimated Cost per Front Foot: $46.31 E. Assessment to Subject Property: $74,234.93 V. Tract Five A. Property Owner: Tim Wright 213 W. 8th Street Georgetown, Texas B. Property Description: Channel easement of Onion Creek, Round Rock, Williamson County, Texas, ten acres more or less. C. Estimated Front Footage: 240 feet D. Estimated Cost per Front Foot: $0.00 E. Assessment to Subject Property: $0.00