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O-71-301 - 6/24/1971ORDINANCE NO. 301 AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE CITY CONSULTING ENGINEER, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PRO- POSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROV- ING OF PORTIONS OF SUNDRY STREETS IN THE CITY OF ROUND ROCK, TEXAS, WITH- IN THE LIMITS HEREINBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THERETO: DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PRO- POSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF: DETERMINING THE NECESSITY OF LEVYING AN ASS- ESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PORTION OF SAID COSTS APPORTIONED TO THEM: ORDERING AND SETTING A HEARING AT 7:00 O'CLOCK P.M. ON THE 23RD DAY OF JULY, 1971, IN THE COUNCIL CHAMBER OF THE CITY HALL 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 ANY OF THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS: DIRECTING THE CITY SECRETARY OF THE CITY OF ROUND ROCK, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS 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, hereby finds and determines: (a). That the City Council of the City of Round Rock, Texas, has heretofore by ordinance duly enacted on May 18, 1971, re- corded in the Minute Book of the City of Round Rock, Texas, determined the necessity for and ordered the improvements of portions of certain streets, in the City of Round Rock, Texas, within the limits hereinafter defined, and in the manner and according to the Plans and Specifications therefor, which said Plans and specifications have heretofore been approved and adopted by said City Council. Said street and the portions thereof to be improved, are as follows: 1) Lampasas Street from Liberty Avenue to Anderson Avenue 2) Sheppard Street from Liberty Avenue to Anderson Avenue 3) Anderson Avenue from Mayes Street to Sheppard Street 4) Austin Avenue from Mayes Street to Round Rock Avenue 5) Blair Street from Liberty Avenue to Anderson Avenue (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 heretofore been 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 the Deed of Trust Records of Williamson County, Texas. (c). That said City Council after having duly advertised for bids in the manner as required by law, did award con- tract for the construction of said improvements to J.C. Evans Construction Company, upon lowest and best respon- sible bid therefor, and said contract which is dated the 24th of June, 1971, has been executed by the said J.C. Evans Construction Company and by the said City, the ex- ecution of which contract by the City being authorized by Resolution heretofore passed by said City Council; and the performance bond required by law and said contract has been properly furnished by said J.C. Evans Construction Company, and approved and accepted by said City Council, all as re- quired by law. (d). That the City Council of the City of Round Rock has caused its consulting engineer to prepare and file esti- mates of the costs of such improvements and estimates of the amount per front foot to be assessed against the pro- perty abutting said streets; and the consulting engineer has heretofore filed said estimates and a statement of other matters relating thereto with said City Council, and the same have been received, examined, and approved by said City Council; and that in accordance with said statement of the estimates so filed by the consulting engineer and herein approved, the amounts of said estimated costs are hereinafter stated and set out in the schedule contained in Section 2 hereof. SECTION 2. The written statement and report of the consulting engineer heretofore filed with the City Council, showing the estimated total costs of all the improvements on each of said streets or units, within the limits above the abutting property and against the real and true owners thereof for said improvements, showing the total estimated cost of said improvements on each of said streets, and other matters relative thereto, having been received and examined by the City Council, said report and the estimates therein shown are hereby in all things approved and adopted; and it is hereby found and determined by the said City Council that the estimated amounts of the several respective items of costs of said improv- ements as above described on each of such streets or units are as follows, to -wit: 1. Total Cost of Improvements - $41,838.71 2. Amount Assessed against the abutting property and against the real and true owners thereof: - $3.75 per front foot 3. Total cost per street: 1) Lampasas Street - $4,887.44 2) Sheppard Street - $5,869.70 3) Anderson Avenue - $6,508.40 4) Austin Avenue - $16,761.70 5) Blair Street - $5,704.06 SECTION 3. The cost of said improvements shall be paid a. The entire contract price shall be paid bidder by the City of Round Rock. b. The City of Round Rock shall reimburse of the cost of the above mentioned improvements at the as follows, to -wit: to the successful itself for the part rate of $3.75 per front foot, by assessment against the respective abutting properties and the real and true owners thereof in accordance with the provisions of the Statutes of the State of Texas herein referred to. No assessment shall be made against any abutting property of 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 amount of such assessments shall con- stitute 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 annual 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 (3) equal annual installments, due respective- ly one (1), two (2), and three (3) years from the date of acceptance of such improvements by the City, together with interest on each installment from said date of acceptance until paid at the rate of eight per cent (8%) per annum, payable annually; provided, however, that the owners of any of said property shall have the privilege of paying all or any of said install- ments at any time before maturity thereof by paying the total amount of principal of such installment together with interest accrued thereon down to the day 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 of Round Rock, or its assigns, the entire amount of the assessment upon which default is made, together with reason- able attorney's fees and all collection costs incurred, shall be and be- come immediately due and payable. SECTION 4. A hearing shall be held by and before the City Council of Round Rock, Texas, in the Council Chamber of the City Council in the City Hall of the City of Round Rock, Texas, at 7:00 o'clock P.M., on the 23rd day of July, 1971, and all owning, or claiming any interest in, any property abutting upon said streets within the limits above defined, shall have the right to be heard on any matter as to which hearing is a constitutional prerequisite to the validity of any assessment pro- posed herein, and to contest the amounts of the proposed assessments, the lien or liability thereof, the special benefits to the abutting property and owners thereof, by means of the improvements for which assessments are proposed to be levied, the accuracy, sufficiency, re- gularity and validity of the proceedings and contract in connection with such improvements and proposed assessments; 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 of the City of Round Rock, Texas, is hereby directed to give notice by publication of said hearing; said Notice by Publi- cation shall be published at least three (3) times before the date set for said hearing in a newspaper of general circulation in the City of Round Rock, Texas, the first of which publications shall be at least twenty-one (21) days prior to date of hearing; and the City Secretary is hereby further directed to give written notice of said hearing by depositing such notice in the United States mail at least fourteen (14) days before the date of hearing, postage prepaid, in an envelope addre- ssed to the owners of the respective properties abutting such streets to be improved as the names of such owners are shown on the current tax rolls of the City of Round Rock; the written notice to be mailed may con- sist of a copy of the published notice; and such notice shall be suffic- ient, valid and binding as provided for by and in accordance with the terms and provisions of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, as amended, known as Article 1105-b, Vernon's Texas Civil Statutes. However, said City Secretary may, in addition to the contents of the Notice of said hearing as required by law, which shall be for all purposes valid and sufficient in itself, include in any one or all of the publications of said Notice such further data and information regarding such proposed improvements and assessments as the Mayor may deem proper and such general statement in connection therewith as the Mayor may desire, to acquaint those to whom the Notice is directed with the facts and matters concerning said improvements, assessments and hearing. The form of said Notice, as re- quired by law, having been heretofore submitted to the City Council by the City Secretary same is hereby approved for publication. SECTION 5. Following such hearing as above provided, assessments will be levied against said abutting property, and the real and true owners thereof for that portion of the costs of said improvements hereinabove 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 assessments, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if said abutting property 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 assessment or certificate issued in evidence thereof; but nevertheless, the real and true owners of said abutting property shall be liable and the assessment against said abutt- ing property shall be valid whether or not such owner be named, or corr- ectly named, or said property correctly described therein. SECTION 6. Each portion of said streets hereinabove described and desig- nated constitutes a separate and independent Unit of the improvements and shall be improved and the improvements constructed therein as separate and independent from each and every other Unit, and the assessments to be levied for said improvements in each portion of said streets, and, in making and levying said assessments against the property abutting upon one of said Units, no matter or circumstances in connection with any other of said Units shall be considered or have any effect upon the other, all as fully and to the same extent as if separate proceedings and contracts had been had and executed with reference to the improvements to be made in each of said Units. PASSED AND APPROVED APPROVED: 1971 1 jai L1J I i41 City t. ney MayorAihl) ATTEST: