O-71-302 - 7/23/1971ORDINANCE NO 302
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPON SUNDRY 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 -IMPROVEMENT
OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, IN -
VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS CR
CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND
EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN
THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVE-
MENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING
PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING
AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IM-
PROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE
AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL
AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF AS-
SIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE
OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND
PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID
ASSESSMENTS AND CERTIFICATES.
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,
finds:
(a). That the City Council of the City of Round Rock,
Texas, has heretofore by Ordinance duly enacted on
the 18th of May, 1971, recorded in Minute Book L.
at page 194, determined the necessity for and ordered
the improvement of portions 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 specifi-
cations 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 of said above
described ordinance has been heretofore, to wit, on the
25 day of May, 1971, filed with the County Clerk of
Williamson County, Texas, the county in which the City
of Round Rock is situated, and such notice has been duly
recorded in Volume 536, at page 26 of the Deed of Trust
Records of Williamson County, Texas.
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(C). That said City Council after having advertised for bids
in the manner as required by law, did award the contract
for the construction of such improvements to J.C. Evans
Construction Company, Inc., such bid being the best and
lowest bid therefor.
(d). That the City Council caused the City's Consulting
Engineer to prepare and file estimates of the costs of
such improvements and estimates of the amount per front
foot proposed to be assessed against the property abutting
each of such streets within the limits hereinafter defined,
and against the real and true owners thereof.
(e). That upon the filing of said estimates the City Council
did by ordinance duly enacted on the 24th of June, 1971, provide
for and order a hearing to be held at 7 o'clock p.m., on the
23rd day of July, 1971, in the Council Chamber of the City
Hall 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, and such
Ordinance directed the City Secretary to give due notice of
such hearing in the manner required by law.
(f). That on the 23rd day of July, 1971, at 7 o'clock p.m.,
after due notice as required by law, said hearing was opened
and held in accordance with Chapter 106, Acts of the 40th
Legislature, First Called •Session, 1927 (as amended),
Article 1105b, Vernon's Texas Civil Statutes, and said
Ordinance and Notice, at which time and place an opportunity
was given to all of the above mentioned parties, agents and
attorneys to be heard and to offer evidence as to all matters
in accordance with said Ordinance and. Notice, at which time
the following appeared and testified as follows:
The Consulting Engineer of the City of Round Rock,
briefly described the improvements proposed to be constructed
and briefly explained the method of apportionment of cost.
The City Secretary then stated that a Notice of Hearing
had been published in the Round. Rock Leader on the 1st, 8th,
and 15th days of July, 1971, as required by law, and that
written notice had been given by depositing in the U.S.Mail
in the manner required. by law.
The Mayor then asked if there were any other parties
present who desired to be heard on any matter in connection
with the improvements under consideration.
Mr. Jerry Wald then offered testimony to the effect
that he was familiar with the property against which the
assessments were levied and that the improvements being
made by the city would increase the value of all of that
property in excess of the value of the assessments made by
the city.
(g). That after Mr. Wald's testimony, arguments were offered
both for and against said improvements and the assessments
therefor, by effected citizens; that the City Counbil has
heard all parties who appeared and desired to be heard as to
the special benefits, in enhanced value to accrue to said
abutting property and the real and true owners thereof as
compared with the portion of the cost of constructing said
improvements proposed to be assessed against said abutting
Property, and has heard all parties appearing and offering
testimony, together with all objections and protests relative
to such matters and relative to any errors, invalidities
or irregularities in any of the proceedings and contract for
said improvements, and has given a full and fair hearing to
all parties making or desiring to make any such protest or
objection or to offer testimony, has fully examined and con-
sidered all of said evidence, matters, testimony and objections
offered.
(h). That based on the evidence, matters, testimony, and
objections considered at 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 in an amount in excess of the amount of the cost of
such improvements 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.
(1). That said City Council is of the opinion, and finds,
that the Front Foot Plan or Rule is just and equitable, having
in view the special benefits to the enhanced value of the
properties.
(j), That said City Council has adopted the Front Foot rule
with division of the costs of said improvements between said
abutting properties and the real and true owners thereof
herein set forth, and has found the same to be just and
equitable and to produce substantial equality considering
the benefits to be received and the burdens imposed thereby;
and said City Council has further found upon the evidence
considered that the assessments hereinafter made and the
charges hereby declared against said abutting properties and
the real and true owners thereof are just and equitable and
that all objections and protests should be overruled and denied.
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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 of property abutting upon the streets and units
hereinafter 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 pro-
perties and the real and true owners thereof; and finds
that the apportionment of the costs of said improvements
and the assessments hereinbelow 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 and contracts 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 Ordinance duly enacted
by said City Council authorizing and ordering the im-
provement of said streets and units as hereinbelow set out,
which ordinance was passed, as aforesaid, on June 24,1971,
and in pursuance of said proceedings heretofore had and
enacted by said City Council in reference to said improve-
ments 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 Chapter 106
of the Acts of the ?irst Called Session of the 40th
Legislature of the State of Texas, known and shown as
Article 1105-b Vernon's Annotated Civil Statutes of Texas,
as amended, there shall be, and is hereby levied, assessed
and taxed against the respective parcels of property here-
inafter described and abutting upon said streets and units
hereinafter set out and within the limits below defined
and against the real and true owners of such property whether
such real and true owners be or not, the several sums of
money hereinbelow mentioned and itemized opposite the
description of the respective parcels of said property,
the number of front feet of each, and the several amounts
assessed against same and the real and true owners thereof,
and the names of the apparent owners thereof, all as
corrected and adjusted by said City Council, being as
to -wit:
follows,
A. Lampasas Street from Liberty Avenue to Anderson Avenue
PROPERTY OWNER
DESCRIPTION OF PROPERTY ASSESSMENT:
LOT BLOCK
ADDITION
FRONT FT.
Emo Brownlow
Enis Martinez
Lee Fena
Joe Lee Johnson
Lillie Baker
Elias Gomez
P. Sheppard
PROPERTY
1 35 Round Hock
10 35 Round Rock
3 46 Round Rock
36 Round Rock
36 Round. Rock
5 46A Round Rock
5
Street from Liberty Avenue
125'
125'
150'
125'
125'
146'
to Anderson
4.68.7.5
!$.4.69.75
5,62.50
1469.75
j46F.75
$547.50
Avenue
OWNER DESCRIPTION OF PROPERTY ASSESSMENT
LOT
BLOCK ATDITION
FROKT FT,
Elmer Earl Estate
Joe Lee Johnson
Laura Dickerson
Estate
Ernesto Canizales
Felix Beltran, Jr,
Juanita Comacho
C. Anderson
PROPERTY OWNER
1 36 Round. Rock
10 36 Round Rock
5 Part 6 37
1/3 of 6 37
9 46
7 46A
Avenue
Trini Bustillos
Trini Bustillos
U. D. Sanchez
Pedro Herrera
L. O. Ramsey
Sacarias Beltran
Mack Rubio
Elias Gomez N.
Juanita Comacho
Lee Pena
D. Austin
PROPERTY OWNER
Round
Round
Round
Round
Rock
Hock
Rock
Rock
125'
125'
200'
50'
118'
125'
146P.75
'468.75
,1750.00
3187.50
A42.50
3468.75
from Mayes Street to Sheppard. Street
DESCRIPTION OF PROPERTY
LOT 'BLOCK ADDITION
5 3 Anderson
4 3 Anderson
2& 3
1
1&10
2
1
1/2 of
Lot 6
7
3
3 Anderson
3 Anderson
1 Anderson
46 RoundRock
46 Round Rock
46A
46A
46
Round Rock
Round Rock
Round Rock
Avenue from Mayes Street to
Vic Robinson
Miguel Martinez
Pablo Rodriquez
Ramon Rodriquez
Andrea Camacho
DESCRIPTION OF PROPERTY
LOT BLOCK ADDITION
10 3T Round Rock
9 34 Round Rock
8 34 Hound Rock
7 34 Round Rock
6 34 Round Rock
FRONT FT.
54'
54'
108'
54'
250'
90'
90''
180'
90'
90'
Round Rock
ASSTSST
202.50
4202.50
405.00
202.50
937.50
337, 50
337.50
1337.50
337.50
Avenue
FRONT FT.
54'
54'
54'
54'
54'
ASSESSMENT
$202.50
A202.50
8202.50
$202.50
$202.50
PROPERTY OWNER DESCRIPTION OF PROPERTY ASSESSMENT
LOT BLOCK ADDITION
FRONT FT.
J. A. Campbell 1 33
Louis Henna 10 33
Louis Henna 6,7,8,& 9 33
Gail Hester 6 45
Ima Lentz 1/2 of5 45
Dennis Shelton 1/2 5
4
Roy Moore 6
Louis Henna Part 6
& Part 3
Cora Jenkins 3
John Hester 14
Jose Domenquiz-3o. Part
11
N. B. York Lot 9
& 1/2 10
11. R. Smith Estate Part
8
Irene Walsh 7
1st Baptist Church 10
&11
J. R. Sanders 9&8
O. G. Bein 7 &
Part 6
Delia Mae Lane 4,5
Part 6
Round Rock
Round Rock
Round Rock
Round Rock
Round Rock
45 Round Rock
44 Round Rock
44 Round Rock
44 Round Rock
43 Round Rock
43 Round Rock
43 Round Rock
43 Round Rock
43 Round Hock
32 Round Rock
32 Round Rock
32 Round Rock
32 Round Rock
Blair Street from Liberty Avenue to
PROPERTY OWNER
DESCRIPTION OF PROPERTY
LOT BLOCK ADDITION
125'
54'
216'
135'
67'
67'
75'
60'
110'
100'
00'
180'
80'
90'
108'
102'
65'
104'
lqp6P.75
,S202.50
506.25
'251.25
$251.25
2P1.25
225.00
412.50
75. 00
f337.50
3675.00
$3oo.00
337.50
$4o5.00
'$382.50
,4.243.75
3390.00
Anderson Avenue
L. O. Ramsey Parts . &5
Noel Grisham Parts 4 &5
Roy Moore Parts of 6
Harry Robinson 1
Dennis Shelton 4
Ima Lentz 1/2 of5
Louis Henna 10
J. A. Campbell 1
Andrea Comacho 6
Charles Baird 5
44
44
45
45
45
33
33
34
34
Round
Round
Round
Round
Round
Round
Round
Round
Round
Round
..aock
Rock
Rock
Rock
Rock
Rock
Aock
Rock
Rock
Rock
ASSESSMEI\,
FRONT FT.
a .
t ,---------773-4-6-37---
63' i236.25
62' $232,50
80' $300.00
62' $232.50
62' $232.50
125' s468.75
125' 4468.75
125' 4468.75
125'346.8.75
SECTION 5. The assessments levied in Section 4 above are
for a portion of the costs of said improvements in the
streets and units therein set out, and the assessments
for the improvements in said units are in nowise related
to, or connected with, the improvements or assessments
in any other of the streets or units described in said
ordinance or each other; and in levying said assess-
ments the amount so assessed for the improvements in
said units have been in nowise affected by any fact or
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thing in any way connected with the improvements or the
assessments therefor in any other of said units. The
omission of the improvements in any of said streets or
units as a whole shall in nowise affect nor impair the
validity of the assessments in any other of said units
and the omission of the improvements in any particular
street or unit in front of any parcel of property exempt
from the lien of such assessments, or against which a
valid property assessment cannot be levied, shall in nowise
affect nor impair the 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 or abutting property
and the real and true owners or owner thereof, whether said
owners be named or correctly named, or said properties be
correctly described herein or not, together with interest
thereon at the rate of eight per cent (8%) per annum and
with reasonable attorney's fee and all costs and expenses
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 the City of Round Rock, or its assigns as
follows, to wit: in three (3) equal annual installments, the
first of which will be payable on or before one year after
the completion and acceptance of said City Council of said
improvements, or January 1, 1972, whichever is latter in time,
and the two (2) remaining installments to be due and payable,
respectively, two (2) and three (3) years from and after said
date, deferred payments to bear interest from such date at the
rate of eight per cent (8%) per annum, payable annually, past
due installments of principal to bear interest at the same
rate per annum until paid, so that upon the completion and
acceptance by said City Council of the improvements in any
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 thereof before
maturity by paying principal and accrued interest to date
of said payment; and provided further, that if default shall
be made in the payment of any installment of principal or
interest when due, then the entire amount of said assessment
upon which default is made, at the option of the City of Round
Rock, or its assigns, shall be and become immediately due and
payable and shall be collectible, together with reasonable
attorney's fees and all costs and expenses of collection,
if incurred.
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S7CTION 7. If default shall be made in the payment of any of
said sums herein assessed against the said parcels of property,
and the real and true owner or owners thereof, collection
thereof shall be enforced, at the option of the City of Round
Rock, or its assigns, either by suit in any court having
jurisdiction, or.by sale of the property assessed as nearly
as possible in the manner as may be provided by law in force
in said City for the sale of property for the collection of
ad valorem taxes.
SECTION 8. For the purpose of evidencing said assessments,
the liens securing same and the several sums assessed against
the said parcels of property, and the real and true owner or
owners thereof, and the time and terms of payment, and aid in
the enforcement thereof, assignable certificates shall be issued
by the City of Round Rock, Texas, to the City of Round Rock
as of this date for said improvements in any unit or portion
of street above defined, which certificates shall be executed
by the Mayor in the name of the City, attested by the City
Secretary with the corporate seal, and which shall declare
the amounts of said assessments and the times and terms thereof,
the rate of interest thereon, the date of the completion and
the acceptance of the improvements for which the certificate
is issued; and shall contain the name of the apparent owner or
owners as accurately as possible, and the description of the
property assessed by lot and block number or front foot thereof,
or such other descriptions as may otherwise identify the same,
and if the said property shall be owned by an estate or firm,
then to so state the fact shall be sufficient, and no error
or mistake in describing any such property or in giving the
name of any owner or owners, or otherwise, shall in anywise
invalidate or impair the assessment levied hereby or the
certificate issued in evidence thereof.
The said certificate shall further provide substantially
that if default shall bemade in the payment of any installment
of principal or interest when due, then at the option of the
City of Round Rock, or its assigns, or the holder thereof, the
whole of said assessment evidenced thereby shall at once become
due and payable and shall be collectible with reasonable attorney's
fees and all expenses and costs of collection, if incurred;
and said certificate shall set forth and evidence the personal
liability of the real and true owner or owners of such property,
whether correctly named therein or not, and the lien upon such
property, and that said lien is first and paramount thereon,
superior to all other liens, titles and charges, except for
lawful ad, valorem taxes, fromand after the date said improve-
ments were ordered by said City Council, and shall provide
in effect, that if default shall be made in the payment thereof,
the same may be enforced, at the option of the City of Round
Rock, or its assigns, either by the sale of .the property therein
described in the manner providedfor the collection of ad valorem
taxes as above recited, or by suit in any court having juris-
diction.
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Said certificate shall further recite in effect that all
the proceedings with reference to making said improvements
have been regularly had in compliance with the law in force in
said. City and proceedings of the City Council of said City, and
that all prerequisites to the fixing of the assessment lien
against the property and the personal liability of the real
and true owner or owners thereof, evidenced by such certificates,
have been regularly done and performed, which recitals shall
be evidence of all the matters and facts so recited, and no
further proof thereof shall be reauired in any court.
The said certificates may have coupons attached thereto
in evidence of each or any of the several installments thereof,
which may be signed with the facsimile signatures of the Mayor
and City Secretary.
Said certificates shall further provide in effect that the
City of Round Rock, Texas, shall exercise all of its lawful
powers, when requested so to do by the holder of said certifi-
cates may contain other and further recitals pertinent and
appropriate thereto. It shall not be necessary that said
certificates shall be in the exact form as above set forth,
but the substance and effect thereof shall suffice.
SECTION 9. All such assessments levied are, and shall be, a
personal liability and charge against the respective real and
true owner or owners of said abutting properties, notwithstanding
such owner or owners may not be named or incorrectly named, and
any irregularity in the name of the property owner, or the
description of any property or the amount of any assessment,
or in any other matter or things shall not in anywise invalidate
or impair any assessment levied hereby or any certificate
issued, and any such mistake, or error, invalidity or irregularity,
whether in such assessment or in the certificates issued in
evidence thereof, may be, but is not required to be, in order
to be enforoeable, corrected at any time by the City Council
of the City of Round Rock, Texas.
The total amounts assessed against the respective parcels
of property abutting upon the units or portions of streets
above set out, and the real and true owner or owners thereof,
are the same, or less than, the estimates of said assessments
prepared by the City Consulting Engineer and approved and
adopted by said City Council, and are in accordance with the
proceedings of said City relative to said improvements and
assessments therefor, and with the terms, powers and provisions
of said Chapter 106 of the Acts of the First Called Session of
the 40th Legislature of the State of Texas, known as Article
1105-b of Vernon's Annotated Civil Statutes of Texas, under which
terms, provisions and powers of said Acts said improvements
and assessments were had and made by said City Council.
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PASSED AND APPROVED
TTEST :
City ecretary
1924-/-ega-
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