O-73-304 - 4/5/1973ORDINANCE NO. 304
AN ORDINANCE DECLARING THE NECESSITY FOR AND
ORDERING THE PAVING AND IMPROVEMENT OF A PORTION
OF EGGERS DRIVE IN THE CITY OF ROUND ROCK,
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK,
AUTHORIZING THE CITY SECRETARY TO ADVERTISE FOR
BIDS, DIRECTING THE PREPARATION OF ESTIMATES,
INVOKING THE PROCEDURE PROVIDED BY ARTICLE 1105B,
V.A.T.S., DETERMINING THE COST OF SUCH IMPROVEMENTS
SHALL BE PAID BY THE CITY OF ROUND ROCK, PROVIDING
A METHOD OF REIMBURSING THE CITY OF ROUND ROCK FOR
A PORTION OF SUCH COSTS BY ASSESSMENT OF A PORTION
OF SUCH COSTS AGAINST THE PROPERTY ABUTTING SUCH
STREETS OR PORTIONS THEREOF TO BE IMPROVED, AND
FOR THE FIXING OF A LIEN TO SECURE PAYMENT OF SUCH
ASSESSMENTS, STATING THE TIME AND MANNER PROPOSED
FOR PAYMENT OF ALL SUCH COSTS, DIRECTING THE
CITY SECRETARY TO CAUSE A NOTICE OF THE ENACTMENT
OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR
DEED OF TRUST RECORDS OF WILLIAMSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK:
Section 1. That a necessity exists for the permanent
improvement of that certain portion of Eggers Drive hereinafter
listed, by excavating, grading, and paving the same, and by
the construction of curbs and gutters where adequate curbs
and gutters are not now in place, and such improvements are
hereby ordered, with the portion of Eggers Drive to be so
improved being designated and defined as follows:
BEGINNING at a point where Eggers Drive intersects
with U.S. Highway 79, THENCE proceeding in a northerly
direction on Eggers Drive for a total of four city blocks
and being more particularly described as that portion of
Eggers Drive which lies in front of the following described
tracts out of Eggers Acres, to -wit:
Block 2, Lot 1, Block 2, Lot 8, Block 3, Lot 1,
Block 3, Lot 10, Block 4, Lot 1, Block 4, Lot 12,
Block 8, Lot 6, Block 8, Lot 7, Block 1, Lot 12,
Block 1, Lot 13, Block 1, Lot 14, Block 1, Lot 15,
Block 5, Lot 1, Block 5, Lot 25, Block 7, Lot 1,
and Block 7, Lot 20.
Section 2. (a) Each street unit shall be paved with
a minimum of one and one-half inches of hot-mix asphaltic
concrete pavement on a six (6") inch flexible sub-base;
(b) Each of said street unitsshall be paved
within the limits set out in Section 1, above, curbs and
gutters will be installedwtere adequate curbs and gutters
do not exist. The plans and specifications for all such
improvements, heretofore prepared by the City's consulting
engineers, and now on file with the City Council are hereby
in all things approved.
Section 3. The City Secretary is hereby authorized
and directed to advertise for bids for the improvement work
herein described, the advertising, receiving and opening
of such bids to be as provided by the laws of the State of
Texas. Upon receipt of and opening of the bids for such
improvement work, the City Engineering Consultant is
directed to prepare and file with the City Council his estimate
of the total cost of the improvements herein ordered, and the
total amount of the part of such costs to be assessed against
the abutting property owners.
Section 4. The City Council of the City of Round Rock
deems it to be advisable and hereby determines to proceed
under and in the exercise of the powers, and terms and
provisions of Article 1105B, V.A.T.S.
Section 5. The cost of said improvement shall be
paid as follows, to-wit:
(a) The entire contract price shall be paid to
the successful bidder by the City of Round Rock.
(b) The City of Round Rock shall reimburse
itself for two-thirds (2/3) of the total cost of all said
improvements or less than two-thirds (2/3) if the City
Council deems it proper, said cost including administrative
and engineering costs by assessment against the respective
abutting properties and the real and true owners in accordance
with the provisions of 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 real and true
owners thereof, whether correctly named or not, and shall
be payable in installments to the City of Round Rock or
its assigns, as follows:
When the improvements herein ordered have been completed
and accepted by the City of Round Rock, the amount of the
assessment against each property abutting thereon and the
real and true owners thereof shall be and become payable
in three equal annual installments, due respectively one,
two, and three years from the date of acceptance of such
improvements by the City, together with interest on each
installment from said day of acceptance until paid at the
rate of 8% per annum, payable annually; provided, however,
that the owners of any said property shall have the privilege
of paying all or any of said installments at any time before
maturity thereof by paying the total amount of principal of
such installment together with interest accrued thereon
down to the date of payment. Further, if default be made
in the payment of any such installments of principal or
interest promptly as the same matures, then at the option
of the City of Round Rock, 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.
Section 6. The construction and installation of the
improvements herein ordered for the street unitsherein designated
shall be separate and independent of the construction and
installation of such improvements in each and every other
street unit or portion of street. The assessments to be
levied for the improvements in the herein described street
unit shall be separate and distinct from each other; and
in making and levying the assessments against property for
the improvements in each street unit as herein designated
and defined, no matter or circumstance in connection
with any other such unit shall be considered in
connection with the other. Such proceedings as to each
of such units shall be separate and independent, all as
fully and to the same extent as if separate contracts were
executed and separate proceedings had with reference to
each such unit.
Section 7. Any security, lien, or document which,
in the opinion of the City Attorney, is reasonably necessary,
in addition to the paving assessments and assignable
certificates above mentioned, to secure the payment of
the part of the costs of the improvements assessed against
the abutting property and the owners thereof, shall be
obtained by the Contractor. If the Contractor is unable
to obtain reasonably satisfactory security as to any
abutting property or owner, the whole street unit to which
the frontage of such property belongs may, at the option
of the City of Round Rock, be deleted from the contract,
and the lien upon the properties abutting such street unit
fixed by the filing of notice of the enactment of this
Ordinance will be released.
Section 8. 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 mortgage and Deed of Trust
Records of said County.
ADOPTED THIS �.t1 day of APRIL 1973.
ATTEST:
.'dam
Ci Secretar
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CflY OR ROUND ROCK ,HQ, 0T(J -
214 EAST MAIN STREET
ROUND ROCK, TEXAS 1866
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