Loading...
O-81-923 - 9/10/1981ORDINANCE NO. 9a 3 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDER- ING THE CONSTRUCTION AND IMPROVEMENT OF CERTAIN STREETS OR PORTIONS THEREOF IN THE CITY OF ROUND ROCK; AUTHORIZING THE MAYOR TO ENTER INTO A CON- TRACT WITH THE HIGHWAY DEPARTMENT; DIRECTING THE PREPARATION OF COST 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 DEED OF TRUST RECORDS OF WILLIAMSON COUNTY, TEXAS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS Section 1. A necessity exists for the construction and improvement of that certain portion of the east frontage road of U. S. Interstate Highway 35 from its intersection with Highway 79 north to its intersection with U. S. Business 81, and such construction and improvements are hereby ordered. Section 2. The Mayor is hereby authorized and directed to enter into a contract with the Texas Department of High- ways and Public Transportation for the construction and improvement work herein described as provided by the laws of the State of Texas. Upon receipt and opening of the bids for such work by the Highway Department, the City Engineer is directed to prepare and file with the City Council an esti- mate of the total amount of the portion of such costs to be assessed against the abutting property owners. Section 3. The City Council deems it advisable and hereby determines to proceed under the terms and provisions of Article 1105b, V.A.T.S. Section 4. The cost of the City's share of the improve- ments shall be paid as follows, to -wit: (a) The City's share of the cost shall be paid to the Highway Department for distribution to the contractor. (b) The City will then be reimbursed for the amount allowed by law by assessment against the respective abutting properties and the true owners thereof in accordance with the provisions of applicable law. No assessment shall be made against any abutting property or the true owners costs in excess of the benefits to such property value thereof by means of such improvements. The thereof for in enhanced 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 shall 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. unpaid balance at the rate of The owners of said property Interest shall accrue on the eight percent (8%) per annum. 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 immediate- ly payable. Section 4. 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 Deed of Trust Records of said County. (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 , 1981. Alternative 2. READ and APPROVED on first reading this the C.3//7-day /day 4Ld( , 1981. READ, APPROVED and ADOPTED ATTEST: , 1981. NNE LAND, City Secretary on second reading this the N, ayor ty of Round Rock, Texas STATE OF TEXAS COUNTY OF 'WILLIAMSON CITY OF ROUND ROCK VOL 853PaGE 203 3402 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 ST of Round Rock, Texas, at two meetings held on the . day of 1969/ and the ,.d day of /0 19 7/ which is recorded in the minutes of the City of Round Rock in book // pages /id /O© WITNESSED by my hand and seal of the City of Round Rock, Texas on this /N day of iieA) 19 fG S/, J r/NNE LAND City Secretary City of Round Rock, Texas 1�. VOL 853P4GE 204 ORDINANCE NO. 9.0.!z,5 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDER- ING THE CONSTRUCTION AND IMPROVEMENT OF CERTAIN STREETS OR PORTIONS THEREOF IN THE CITY OF ROUND ROCK; AUTHORIZING THE MAYOR TO ENTER INTO A CON- TRACT WITH THE HIGHWAY DEPARTMENT; DIRECTING THE PREPARATION OF COST 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 DEED OF TRUST RECORDS OF WILLIAMSON COUNTY, TEXAS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS Section 1. A necessity exists for the construction and improvement of that certain portion of the east frontage road of U. S. Interstate Highway 35 from its intersection with Highway 79 north to its intersection with U. S. Business 81, and such construction and improvements are hereby ordered. Section 2. The Mayor is hereby authorized and directed to enter into a contract with the Texas Department of High- ways and Public Transportation for the construction and improvement work herein described as provided by the laws of the State of Texas. Upon receipt and opening of the bids for such work by the Highway Department, the City Engineer is directed to prepare and file with the City Council an esti- mate of the total amount of the portion of such costs to be assessed against the abutting property owners. Section 3. The City Council deems it advisable and hereby determines to proceed under the terms and provisions of Article 1105b, V.A.T.S. Section 4. The cost of the City's share of the improve- ments shall be paid as follows, to -wit: (a) The City's share of the cost shall be paid to the Highway Department for distribution to the contractor. (b) The City will then be reimbursed for the amount allowed by law by assessment against the respective abutting VOL 8o3pAGE 2, J properties and the true owners thereof in accordance with the provisions of applicable law. 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 shall 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 rate of eight percent (8%) per annum. 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 of any as the of said installments of principal same matures, then at the option made in the payment or interest promptly 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 immediate- ly payable. Section 4. 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 Deed of Trust Records of said County. (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. VOL 85 i°AL[ 206 READ, PASSED, and ADOPTED on first reading this day of Alternative 2. , 1981. READ and APPROVED on first reading this the 3l day , 1981. READ, APPROVED and ADOPTED /0 T 7-71 day of ATTEST: , 1981. NNE LAND, City Secretary on second reading this the RY L. N, ayor ty of Round Rock, Texas THE STATE OF TEXAS County of Williamson } tify that the foregoing I, James N. Boydston, Clerk of the Count instrument in writing,Y Court of said County, do hereby ce n the 24th was filed for record in day of S ent, A.D. 19 81 my office on at 10:00 , o, cloc)______•.4 M and duly recorded this 3:30 `o'clock P M•, in the WIT ESS MY HAND Records of said County, in Vol. 853 and seal of the County Court of said County" at rte:__ .n Georgetown, Texas, the date 203 ast above written. pp 1,/. /' ,' i�` �`/�eputy the24th By Deed day of Sent. A.D. 19 81 JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas