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O-81-928 - 12/22/1981ORDINANCE NO. 90q, AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN ESTIMATES OF THE TOTAL COST OF THE CONTEMPLATED IMPROVEMENTS, AND THE ESTIMATES OF THE COSTS TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 7:00 P.M. ON THE 28th DAY OF JANUARY, 1982, IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL OF ROUND ROCK, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN THE PROCEEDINGS CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That the City Council of the City of Round Rock, Texas, hereby finds and determines: (a) That the City Council has heretofore by ordinance duly enacted on September 10, 1981, determined the necessity for, and ordered the improvement of portions of the east frontage road of U.S. Inter- state Highway 35 from its intersection with Highway 79, north to its intersection with U. S. Business 81. (b) That a certified copy of said ordinance has hereto- fore been filed with the County Clerk of Williamson County, Texas, the county in which the City of Round Rock is located. (c) That the construction of said improvements will be accomplished by the State of Texas by and through its approved contractor. (d) That the State of Texas has had plans and specifica- tions and cost estimates for the proposed project prepared by a registered professional engineer and the same has been received, examined and approved by the City Council. (e) That the City Council has caused the preparation of estimates of the costs and estimates of the amount to be assessed against the property abutting said frontage road, and the real and true owners thereof; and the same has been received, examined and approved by said City Council; and that in accord- ance with said statement of estimates so filed and herein approved, the amounts of said estimated costs are as hereinafter stated and set out in the schedule contained in paragraph II hereof. II. (a) Upon examining the aforesaid statement, the City Council has determined, in accordance with Art. 1105b Sec. 7 that the Front Foot Plan or Rule would be used except where such plan would result in injustice or inequity to the owners of certain abutting property and that in that case the cost of the assessment should be apportioned among the property owners having in view the special benefits in enhanced value to be received by such parcels of property and owners thereof, the equities of such owners, and the adjustment of such apportionment so as to produce a substantial equality of benefits received and burdens imposed. (b) The written statement and report heretofore filed with the City Council, showing the estimated total costs of all the improvements on said frontage road and showing the amounts proposed to be assessed against the abutting property and the real and true owners thereof; said report and the estimates there- in shown are hereby in all things approved and adopted; and it is hereby found and determined by the City Council that the estimated amounts of the several respective items of costs of said improve- ments are as follows, to -wit: (a) The estimated total cost of all the improvements is $357,000.00. (b) The amounts proposed to be assessed against the abutting property and the real and true owners thereof are as follows: Tract 1) Property owner: Triangle Association 2030 American Bank Tower Austin, Texas 78701 Property Description: 5.8505 acres out of the D. Currey Survey, A-130, Round Rock, Wil- liamson County, Texas Estimated Front Footage: 963.8 feet Estimated Cost per front foot: $46.31 Assessment to subject property: $44,633.58 Tract 2) Property Owner: Bell -Rent Corporation c/o Pennant Marina, Ltd. 335 North Road Coquitlam, British Columbia, Canada Property Description: 8.324 acres of land out of the D. Currey Survey A-130, and the Wiley Harris Survey A-298, Round Rock, Williamson County, Texas Estimated Front Footage: 778.24 feet Estimated Cost per front foot: $46.31 Assessment to subject property: $36,040.29 Tract 3) Property Owner: Bell -Rent Corporation c/o Pennant Marina, Ltd. 335 North Road Coquitlam, British Columbia, Canada Property Description: 6.098 acres of land out of the D. Currey Sur- vey, A-130, Round Rock, Williamson County, Texas Estimated Front Footage: 585.30 feet Estimated Cost Per Front Foot: $46.31 Assessment To Subject Property: $27,105.24 Tract 4) Property Owner: Estate of Calvin C. Huffman 603 West 9th Austin, Texas Property Description: 18.90 acres of land out of the D. Currey Sur- vey, A-130, Round Rock, Williamson County, Texas Estimated Front Footage: 1,603 feet Estimated Cost Per Front Foot: $46.31 Assessment To Subject Property: $74,234.93 Tract 5) Property Owner: Tim Wright 213 W. 8th Street Georgetown, Texas Property Description: Channel easement of Oni- on Creek, Round Rock, Williamson County, Texas, ten acres more or less. Estimated Front Footage: 240 feet Estimated Cost Per Front Foot: $0.00 Assessment To Subject Property: $0.00 III. The portion of the cost of said improvements not herein assessed against the abutting property and the real and true owners thereof will be paid by the State of Texas on behalf of the City of Round Rock. The portion herein assessed against the abutting property and the real and true owners thereof will be accomplished in accordance with, and in the manner provided by Article 1105b. V.A.T.S., as amended. No assessment shall be made against any abutting property or the real and 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 and real owners thereof, whether correctly named or not, and shall be payable in installments, as follows: When the improvements herein ordered have been completed, the amount of the assessment against each property abutting the frontage road and the real and true owners thereof shall be and become payable in five (5) equal annual installments, the first payment being due thirty (30) days from date of completion and on the same day of each and every calendar year thereafter until the whole of said sum, togeth- er with interest at the rate of eight percent (8%) per annum, has been duly paid; provided, however, that the owner of any of said property shall have the privilege of paying all or any portion of said installments at any time before maturity thereof; provided further, that if default shall occur in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City Council, 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 immedi- ately due and payable. IV. A hearing shall be held and given to the real and true owners of the property abutting the aforesaid frontage road and anyone else interested therein, as to the assessment and as to the amount to be assessed against each parcel of abutting property, and the real and true owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, and concerning any error, 4 invalidity, irregularity or deficiency in any proceedings or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of Round Rock, Texas, in the Council Chambers at 7:00 o'clock p.m., on the 28th day of January, 1982, at which time and place all persons, firms, corporations or estates owning or claiming such abutting property, or any interest therein, and their agents or attorneys, and persons interested in said proceed- ings, shall be notified to appear and to be heard in person, or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time and kept open, until all evidence and protests have been duly offered and heard; and the City Secretary is hereby directed to give notice of said hearing by publication as required by Art. 1105b V.A.T.S. V. Following such hearing as above provided, assessments will be levied against such abutting property, and the real and true owners thereof for that portion of the costs of said improvements herein -above determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assess- ments, if the name of the owners be unknown, it shall be sufficient to so state the fact, and if said abutting proper- ty be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to name such owner or in describing any of said property shall invalidate any assess- ment, but nevertheless, the real and true owners of said abutting property shall be liable and the assessment against said abutting property shall be valid whether or not such owner be named, or correctly named, or said property correct- ly described therein. (Mark through the following alternative that is not applica- ble) Alternative 1. By motion duly made, seconded and passed with an affirma- tive 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 6fetheA. , 19 5( . Alternative 2. READ and APPROVED on first reading this the of , 19 the day READ, APPROVED and ADOPTED on second reading this ATTEST: day of , 191 Y L 'N , Mayor AIL /nX) JdANNE LAND, City Secretary City of Round Rock, Texas 6