Loading...
O-71-300 - 5/18/1971ORDINANCE NO. 300 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDER PAVING AND IMPROVEMENT OF PORTIONS OF CERTAIN STREETS 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 CHAPTER 106 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS, DETERMINING THAT THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF ROUND ROCK, PRO- VIDING 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 SE- CRETARY 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 those certain portions of public streets hereinafter listed, by exca- vating, 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, the portions of public streets to be so improved being designated and defined by Street Units 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. Section 2. (a) Each street unit shall be paved with a minimum of one and one-half (1 - 1/2) inches of hot -mix asphaltic concrete pavement on a six (6") inch flexible sub -base, (b) Each of said street units shall be paved within the limits set out in Section 1, above, curbs and gutters will be installed where adequate curbs and gutters do not -exist. The plans and specifi- cations 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 ad- vertise for bids for the improvement work herein described, the advertis- ing, receiving and opening of such bids to be as provided by the Laws of the State of Texas. Upon receipt and opening of the bids for such im- provement work, the City Engineering Consultant is directed to prepare and file with the City Council his estimate of the total cost of the im- provements 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 to advisable and hereby determines to proceed under and in the exercise of the powers, terms and provisions of Chapter 106, Acts of the First Called Session of the 40th Legislature of Texas, (being Article 1105 b T. C. S.) Section 5. The cost of said improvements 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) the cost of the total improvements including administrative and engineering costs by assessment against the respective abutting properties and the real and true owners thereof in accordance with the provisions of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of Texas, 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 acc- epted 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 respectively one (1), two (2), three (3) years from the date of accep- tance 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 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 de- fault 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 reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and pay- able. Section 6. The construction and installation of the improvements here- in ordered in each street unit or portion of street herein designated and described 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 each 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 circum- stance in connection with any other such unit shall be considered in conn- ection 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 separ- ate 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 reasonable necessary, in addition to the paving assess- ments and assignable certificates above mentioned, to secure the payment of the part of the costs of the improvements assessed against the abutt- ing 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 abutt- ing said street unit fixed by the filing of notice of the enactment of this Ordinance will be released. Section S. The City Secretary is hereby directed to cause to be pre- pared a notice of enactment of this Ordinance and to file said notice with the County Clerk of Williamson County, Texas, amoung the Mortgage or Deed of Trust Records of said County. PASSED AND APPROVED 1)71/ // , 19 '77 APPROVED: Ci rney X x x ATTEST: G /ZiiG 72�[ t1L Cy Secretary STATE OF TEXAS COUNTY OF WI LL I AMSON CI TY OF ROUND ROCK , MARGARET TEXAS, 00 HEREBY AND CORRECT COPY COUNCIL OF THE C DAY OF MINUTES OF THE C OF NAUERT, CITY SECRETARY OF THE CITY OF ROUND ROCK, CERTIFY THAT THE ABOVE AND FOREGOING IS A TRUE OF AN ORDINANCE PASSED AND APPROVED BY THE CITY ITY OF ROUND ROCK, TEXAS, AT A MEETING HELD ON THE 793z2...( , 1971, WHICH IS RECORDED IN THE ITY OF R ND ROCK, TEXAS, IN BOOK 4.71-- , PAGE WI TNESS MY HAND AND SEAL OF SA I 0 CITY, THIS THE , 1971. CHE STATE OF TEXAS County of Williamson :at the foregoing instrument (Zday Ry CITY SEC TARY OAT Dick Cervenka, Clerk of tha i,;)unS-3d fy Court of 3 writing with its certificate of authentication„ was filed for record in my [1c. ut .A. D. 19 at ...Le.P...o'clock 12_ M., and duly reordad this f.. A, D 193, at : . o'clock Oa M., in RecoTds of said County, in ESS MY HAND and seal of the County Court of said County, at office in Georgetown, Toxas the date last above written. DICK CERVENKA, CLERK puty County Court, Williamson County, Texas: rt, m C:9 CI) M ca rri rnM C)C, CO 2c, 0, 0