96-M-21
r d
ORDINANCE NO. It-/J1-e:l /
AN ORDINANCE CLOSING THE HEARING ON SPECIAL BENEFITS TO BE
RECEIVED FROM PROPOSED STREET IMPROVEMENTS AND ON OTHER
MATTERS WITH REFERENCE THERETO; LEVYING SPECIAL
ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF ASSESSMENT
CERTIFICATES; RATIFYING AND CONFIRMING ALL PROCEEDINGS
HERETOFORE TAKEN BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, IN CONNECTION WITH SUCH STREET
IMPROVEMENTS AND THE ASSESSMENTS WITH REFERENCE
THERETO; PROVIDING THAT SHOULD ANY SECTION OR ANY PART OF
ANY SECTION OF THIS ORDINANCE BE HELD VOID, THE REMAINING
PORTIONS THEREOF SHALL NOT BE AFFECTED; MAKING OTHER
FINDINGS AND ENACTING OTHER PROVISIONS INCIDENT AND
RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
WHEREAS, by Ordinance No. 96-M-13 duly passed and approved on the 7th day
of May, 1996, (the Original Ordinance) the City Council of the City of Schertz, Texas
(the City), ordered the construction of various street improvements in the City in the
manner therein designated, such improvements having been divided into separate and
distinct improvement units; and
WHEREAS, the City Council of the City in the Original Ordinance invoked the
powers of and the procedure provided by and adopted the provisions of Chapter 313,
as amended, Texas Transportation Code and Section 2.01 of the City's Home Rule
Charter; and
WHEREAS, notice of the enactment of the Original Ordinance signed in the
name of the City by its City Secretary, identifying or designating the street
improvements to be constructed, as ordered by the Original Ordinance, and stating that
a portion of the cost of such improvements is to be specially assessed as a lien against
the property of the owners of the property disclosed in the Original Ordinance (the
Benefitted Properties) or portions thereof to be improved, and against the real and true
owners thereof, will be filed with the County Clerk of Guadalupe County, Texas, and
duly recorded in the Deed of Trust Records of such County; and
WHEREAS, the City's Engineer will prepare (or review and approve), file and
submit to the City Council plans and specifications for such proposed improvements;
and
and
WHEREAS, these plans and specifications will be approved by the City Council;
WHEREAS, due notice to bidders for the construction of such proposed
improvements will be given as required by law; and
0219214,02
WHEREAS, the City Council caused the City's Engineer to prepare (or review
and approve) and file estimates of the total costs of the street improvements in each
unit and estimates of the amount per front foot proposed to be assessed in each unit
against the properties abutting the streets and avenues or portions thereof to be
improved, the City's share of such costs, and estimates of the amounts to be assessed
against the owners of the Benefitted Properties to be improved and against the real and
true owners thereof (the Cost Estimate); and
WHEREAS, the City Council finds that the Cost Estimate appears to be
reasonable and proper, and that the estimates as to each unit of the amount per front
foot proposed to be assessed in each unit against properties abutting the streets,
avenues or portions thereof to be improved, and against the owners thereof, was made
in conformity with the provisions of the Original Ordinance and in conformity with the
subsequent proceedings heretofore passed and approved by the City Council above
referred to, and in conformity with the intention and desires of the City Council and
will generally result in just and equitable assessments and that the assessments
proposed to be levied against the owners of the Benefitted Properties are to be
apportioned between such properties substantially in accordance with the front foot
plan or rule so as to produce a substantial equity of benefits received and burdens
imposed; and
WHEREAS, in the Original Ordinance, the City Council determined the
type of improvements to be made in each improvement unit, and the estimated
amount per front foot proposed to be assessed in each unit against the owner or
owners of the Benefitted Properties; the estimated total cost of such improvements in
each unit; the estimated amount of the total cost of such improvements in each such
unit which it is proposed shall be paid by the City and the estimated amount of the
total cost of said improvements in each unit which it is proposed shall be assessed
against the owners of the Benefitted Properties and the real and true owners thereof;
and determined that such instrument and report as to each improvement unit was
correct and adopted said estimates as a basis for the levying of assessments for such
street improvements, except as otherwise herein provided; and
WHEREAS, by an ordinance adopted on May 21,1996, the City Council
ordered that a hearing be given on the 18th day of June, 1996 at 7:00 o'clock p.m.
before the City Council of the City, in the City Hall of the City, to all owners and to
all persons owning or claiming any interest in or lien upon any Benefitted Property
and all other interested parties, and to their agents and attorneys on all matters in
which a hearing is a constitutional prerequisite to the validity of the assessments
herein levied, and for the purpose of allowing said parties to contest the amount of the
proposed assessments, the lien and liability thereof, the special benefits to the abutting
property and the owners thereof by means of the improvements for which such
assessments are herein levied, the accuracy, sufficiency, regularity and validity of the
proceedings, and certain contracts in connection with such improvements and
assessments or concerning any matter or thing connected therewith and ordering that
0219214,02
-2-
a notice of such hearing be given and published in the manner and for the time
required by law; and
WHEREAS, the City Council of the City has examined into the manner
and time of giving and publishing of the notice of such hearing and has found that due
and legal notice of said hearing was duly, properly and legally given as required by
law, said notice having been given by advertisement inserted at least three times prior
to the date of such hearing in a newspaper published in and of general circulation in
the City, the first of which publications being made at least twenty-one (21) days
before the date of the hearing; and
WHEREAS, the City Council finds that additional notice of such hearing
was given by depositing written notice of such hearing in the United States mail,
postage prepaid, in an envelope addressed to the owners of each property listed in the
aforesaid improvement units as reflected on the then current rendered tax rolls of the
City at least fourteen (14) days before the date of the hearing; and
WHEREAS, the hearing was duly opened at the time and place mentioned
in this ordinance calling this meeting, and in the notices thereof which were duly
published and mailed; and
WHEREAS, at this hearing all owners and all persons owning or claiming
an interest in or lien against any Benefitted Property, and all other interested parties,
and their agents and attorneys, desiring to contest this proposed assessments, the lien
and liability thereof, the special benefits to the Benefitted Properties and the owners
thereof by means of this improvements; the accuracy, regularity, sufficiency and
validity of the proceedings in connection with such improvements and the contracts
therefor, and all matters with reference thereto, were duly heard and their claims
were duly considered; and
WHEREAS, all errors, mistakes and other matters requiring rectification
which were brought to the attention of the City have been corrected; and
WHEREAS, the City Council, having also fully heard, examined and
considered the evidence concerning the Cost Estimate, the special benefit of the
improvements to the Benefitted Properties and the owners thereof in connection with
the enhanced value thereof, hereby finds and determines that the hearing was
conducted in accordance with applicable law; and
WHEREAS, the City Council hereby finds and determines that this action
is in the best interests of the citizens of the City, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
0219214,02
-3-
SECTION 1: The City Council of the City hereby finds and determines
that the assessments hereinbelow levied and the personal liabilities hereby declared
are lawful, just, and equitable, and that no assessment is made herein in any case
against the owners of the Benefitted Properties in excess of the special benefits of
such property and its owners in the enhanced value thereof by means of such
proposed improvements; and that all proceedings in connection with such
improvements and said assessments, are in all respects regular and valid; and that the
assessments hereinbelow made against the owners of the Benefitted Properties and
the real and true owners thereof are lawful, are just and are equitable, and that in
levying the same against the abutting properties and the owners thereof, the City
Council adopts the apportionment set forth below and finds that the division of costs
of said improvements between the Benefitted Properties and the owners thereof is
lawful, just and equitable and provides substantial equality considering the benefits
to be received and the burdens to be imposed thereby, and that in each unit the
assessments against the owners of abutting properties and against their respective
properties do not exceed the entire cost of the curb and gutter improvements, plus
nine-tenths (9/10) of the remaining costs of the street improvements in such unit.
SECTION 2: There being no further protests or testimony for or against
with reference to such improvements, benefits or proceedings, said hearing as to all
units of improvement should be and the same is hereby closed, and all protests and
objections, whether specifically mentioned in the minutes of the hearing or not should
be and the same are hereby overruled and denied.
SECTION 3: The descriptions of the improvement units, the names of the
owners of such lots or parcels of property, where known, and the amounts respectively
assessed against the owners of the Benefitted Properties are reflected in Exhibit A
attached hereto and incorporated herein by reference (the Assessment Roll).
The respective itemized amounts shown in the Assessment Roll opposite
the name or names or the person or persons listed therein and opposite the
description of the parcel or parcels of property listed therein, which parcels of
property constitute the Benefitted Properties shall be and the same are hereby
assessed, levied and charged against said respective properties and against the real
and true owners of said respective properties and against the real and true owners of
said respective properties, whether the real and true owners of such properties are
correctly named or not, all as provided in the notice of enactment to be filed with the
County Clerk of Guadalupe County, Texas. The assessments herein levied are
apportioned based upon the front foot rate contained in the Cost Estimate.
SECTION 4: It is hereby determined that no assessment is made in any
case against the owners of the Benefitted Properties in excess of the special benefits
of such property and its owners in the enhanced value thereof by means of such
improvements as determined at said hearing. The amounts assessed against the
various properties and the owners of the Benefitted Properties do not exceed the
amounts which may be assessed under the laws of the State of Texas, and the
0219214,02
-4-
proceedings heretofore held with reference to such improvements and assessments,
and do not exceed the Cost Estimate prepared, or reviewed and approved, by the City
Engineer and approved and adopted by the City Council.
SECTION 5: The amounts hereby assessed against the properties
abutting the streets, avenues or portions thereof to be improved and against the real
and true owners thereof shall be and become due and payable in three (3) equal (or
as nearly equal as possible) installments payable at Schertz, Texas, as follows:
The first of said installments shall be due and payable on or before ten
(10) days from the date the improvements have been accepted by the City by
ordinance in the unit in which the street or avenue or portion thereof which is
abutted by the property assessed lies, and the two (2) remaining installments shall be
due and payable on or before one (1) and two (2) years, respectively, from the date of
such acceptance. Interest on each assessment shall run on the entire unpaid principal
balance from the date of the acceptance of such improvements lies at the rate of eight
percent (8%) per annum until maturity, which interest shall be payable at the time the
principal installment becomes due as above set out (or at the time the payment of
such installment in the event of prepayment, which may be made at any time without
penalty). Delinquent principal and interest shall bear interest at the rate of interest
as provided by the laws of the State of Texas. If default is made on the payment of
any installment of principal or interest when due, then at the option of the holder of
the certificate of special assessment issued to evidence such assessment, the entire
amount of the unpaid principal on such certificate together with all accrued interest
thereon shall be and become immediately due and payable, together with reasonable
attorney's fees and court costs, if incurred.
SECTION 6: The several sums above assessed, together with interest as
specified, and the costs of collection, including reasonable attorney's fees, if incurred,
are hereby declared and ordained to be secured by good and lawful liens on the
owners of the Benefitted Properties and to be a personal liability of the respective
owners thereof, whether correctly named or not, to be paid and collected as provided
by law, and such assessments and liens against such abutting properties shall be
superior to all other liens and claims except State, County, School District and City
ad valorem taxes.
Upon default in the payment of any installment of principal or interest
when due and/or on the maturity of any special assessment certificate issued to
evidence any assessment against abutting properties and the owners thereof levied
hereunder, however said maturity may occur, the assessment lien against the property
herein described and the personal liability and charge of the real and true owners
thereof, whether correctly named herein or not, may be enforced in any court having
jurisdiction or, at the option of the holder of the certificate of special assessment
evidencing such liability and lien, by sale of said property in the same manner as may
be provided by law in force in said City for sale of property for the collection of ad
valorem taxes, or in the case of such default, at the option and upon the request of the
0219214,02
-5-
legal holder of any certificates of special assessment, said City will exercise its powers
to enforce and collect said certificates by suit in its own name for the benefit of said
legal holder, but at his or its expense.
SECTION 7: The assessments so levied above on each Benefitted
Property are for such properties' proportionate part of the cost of said improvements
in the particular unit and the said improvements and the assessments levied therefor
in anyone unit are not related to or connected with the improvements or assessments
in any other unit; and in levying said assessments the amounts so assessed and the
validity of such assessments in anyone of said units shall not be affected by any fact
or matter connected with the improvements or the assessments therefor in any other
unit; and the omission of part or all of said improvements in any other unit or the
validity of the assessments therefor in any other unit. Further, the omission of said
improvements in any particular unit in which is exempt from the lien of the
assessment shall not affect or impair the validity of the assessments against the other
properties in such unit.
SECTION 8: Upon completion and acceptance of such improvements in
each unit or group of units, as such improvements are accepted by ordinance,
assignable certificates of special assessment evidencing said respective sums payable
by said owners of abutting property shall be issued in the name of the City to the
contractor constructing such improvements, or to its assigns, and shall be made
payable to the contractor or its assigns, which assessment certificates shall be signed
by the Mayor and attested by the City Secretary with the City seal and otherwise shall
be in form consistent with these proceedings. Any such facsimile signature may be
either lithographed or printed. Each certificate shall contain an adequate description
of the respective parcel or parcels of property assessed, together with the designation
of the owner or apparent owner, if known. Each such 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 each such certificate shall set forth and
evidence the lien on the respective properties described therein and shall evidence the
fact that said lien is a first and paramount lien thereon, superior to all other liens and
claims except for valid State, County, School District and City ad valorem taxes. Each
certificate shall be dated as of the date the improvements in the unit in which the
particular Benefitted Property therein described is located have been accepted by the
City Council of the City by ordinance, and shall recite in substance that the
improvements to the Benefitted Property therein described have been completed in
full compliance with the terms of the contract entered into between the contractor and
the City and that said improvements have been accepted by the City Council of the
City on the date of said certificate. Each certificate shall provide for acceleration of
maturity at the option of the owner or holder thereof upon default in payment of any
installment of principal or interest as above set out, shall provide for reasonable
attorney's fees and costs of collection, if incurred, and shall contain such other terms
and provisions as are customarily contained in special assessment certificates issued
under the provisions of the Act. No error or mistake in describing any property or in
0219214,02
-6-
giving the name of any owner or owners shall in any wise invalidate or impair the
assessments or any of them or any certificate issued in evidence thereof.
Each certificate shall in substance among other things provide:
"That all proceedings with reference to making such improvements have
been regularly had in compliance with the law and that all prerequisites
to the fIXing of an assessment lien against the above described property
and the personal liability of the owner or owners thereof have been
performed, and this certificate shall be prima facie evidence of the matters
herein recited, and no further proof thereof shall be required.
That the sums of money evidenced hereby shall be payable to the owner
or owners of this certificate, at the office of the City Secretary of the City
of Schertz, Texas, in Guadalupe County, Texas.
That by the provisions of the proceedings of the City Council of the City
and the law in force under which said proceedings were held, upon default
in the payment of any installment of principal or interest hereon when
due and/or at maturity of this certificate, however same may occur, the
assessment lien against the property herein described and the personal
liability and charge of the real and true owner or owners thereof (whether
correctly named herein or not) may be enforced in accordance with the
provisions of this certificate in any court having jurisdiction, or at the
option of the legal holder thereof by sale of said property in the same
manner as may be provided by law in force in said City for the sale of
property for collection of ad valorem taxes. The City does not guarantee
collection of the assessment evidenced hereby; however, said City will
exercise and exhaust all of its lawful powers in enforcing collection of said
assessment."
SECTION 9: Should more than one person own any interest in a parcel
of property on the date said improvements were ordered, such person shall be liable
for its, his or her interest in such property, and its, his or her interest in such
property may be released from the lien created by said assessment upon payment of
such proportionate sum.
SECTION 10: All other matters and proceedings shall be regulated and
conducted as provided by law and full correction of any mistake or irregularity in any
of said proceedings, and reassessment, if necessary, shall be made in any case where
the holder of any assignable certificate of special assessment shall request same, the
City Council of the City, reserving the right to exercise all such powers as provided
by the laws of the State of Texas.
SECTION 11: Except with respect to parcels of the Benefitted Properties
owned by the City, the City shall not be liable for the payment of any sums hereby
0219214.02
-7-
assessed against any abutting property and the real and true owners thereof, but the
City shall be obligated to furnish the contractor and its assigns valid assessments and
assessment certificates, and shall exercise all of its lawful powers to aid in the
enforcement and collection of said liens and assessments. In case, in the opinion of
the attorneys of the contractor, any assessment shall for any reason whatsoever be
invalid and unenforceable, then the City shall be obligated to exercise all of its lawful
powers for the purpose of supplying any deficiency in the proceedings with reference
to such assessment and to correct any mistake or irregularity in connection therewith,
and after notice and hearing, to levy a reassessment or reassessments, if it is
necessary to do so in order to fix a valid lien upon any Benefitted Properties and a
personal liability on the owners thereof for its and their just and proportionate part
of the cost of such improvements. No such reassessment against any Benefitted
Property or the owners thereof shall be made in excess of the special benefits of such
property and the owners thereof in the enhanced value thereof by means of such
improvements, and in no event shall more than the proportionate share of all the
costs of constructing the curb and gutter improvements and nine-tenths (9/10) of the
remaining cost of such street improvements be reassessed against any such property
and its owners.
SECTION 12: All proceedings heretofore taken by the City Council of the
City in connection with the street improvements herein referred to and the
assessments hereby levied, except where inconsistent with the provisions of this
Ordinance, are hereby ratified and confirmed in all things, and any prior proceedings
or ordinances in conflict with the provisions of this Ordinance are hereby repealed to
the extent of any such conflict.
SECTION 13: The recitals contained in the preamble hereof are hereby
found to be true, and such recitals are hereby made a part of this Ordinance for all
purposes and are adopted as a part of the judgment and findings of the City Council.
SECTION 14: All ordinances and resolutions, or parts thereof, which are
in conflict or inconsistent with any provisions of this Ordinance are hereby repealed
to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters resolved herein.
SECTION 15: This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 16: If any provision of this Ordinance or the application
thereof to any person or circumstance shall be held to be invalid, the remainder of this
Ordinance and the application of such provision to other persons and circumstances
shall nevertheless be valid, and this City Council hereby declares that this Ordinance
would have been enacted without such invalid provision.
SECTION 17: It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice
0219214,02
-8-
of the time, place, and subject matter of the public business to be considered at such
meeting, including this Ordinance, was given, all as required by Chapter 551, as
amended, Texas Government Code.
SECTION 18: The Council hereby determines that an emergency exists
requiring immediate action, and this Ordinance is hereby passed as an emergency
measure to be effective immediately upon its passage, and the enactment of this
Ordinance as an emergency measure in accordance with the provisions of Section
4.09(e) of the City's Home Rule Charter will contribute to the preservation of the
public peace, health, or safety.
[The remainder of this page intentionally left blank.]
0219214,02
-9-
~
PASSED, ADOPTED AND APPROVED on the 18th day of June, 1996.
,
Mayor
ATTEST:
~X-tV ~,
City Secretary
(CITY SEAL)
0219214.02
-10-
County of Guadalupe
PUBLISHER'S AFEIDAVIT qlo ,;n~J.J &.d- .
~fH/
~~~
1:t @~,,~&
THE STATE OF TEXAS,
Before me, the undersigned authority, on this date personally appeared L. A. REYNOLDS
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
AD
was published in said newspaper 2
times before the return day named therein, such
publications being on the following dates:
JUNE 23, ] qqf)
JUNE 27. 1996
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, this 28th day of JUNE
A.D., 19 96 .
~'"
(f*....'..~~----~'Yc:\ RUTH AYERS
~ . \ .. ) . ~ Nolary FublC. SlaIe or__
\ "';; /:'~ / ~ComIrtSionfxpfresl2-21-1999
~.....,,_..,-' io>-f
I,~~~
Notary Public, Guadalupe County, Texas
ORDfNANCE NO. 96-M.
21
AN ORDINANtE' CL~S-
ING THE HEARING ON
SPECIAL BENEFITS TO
BE RECEIVED FROM
PROPOSED STFlEET IM-
PROVEMENTS AND ON,
OTHER MATTERS WITH
REFERENCE THERETO;
LEVYING SPECIAL AS-
~ESSMENTS; PROVIDING
FOR' THE' IssuANCE Of
ASSESSMENT CERTIFI-
CATES; RATIFYING AND
CONFIRMING' ALL PRO-
CEEDINGS HERETO-
FORETAKEN BY THE'
CITY COUNCIL OF THE
CITY OF SCHERTZ,
TEXAS, IN CONNECTION I
WITH SUCH STREEt"IM~'
,~"p~~~~,~:~\
ASSE~MENTS WI;TH, 1
REFE~~NCE T~ERETO;
PROVIDING, ,THAT
SHOULD ANY SECTION
OR ANY PART I OF ANY
SECTION OF THIS ORDI-
NANCE BE HELD VOID;
THE REMAININGPOR-
TIONS THEREOF SHALL
NOT BE AFFECTED;
MAKING OTHER FIND-
INGS AND ENACTING
11
OTHER PROVISIONS IN.,
CIDENT AND RELATED
TO THE SUBJECT; AND
DECLARING AN EMER-
GENCY.
Passed, Approved iand
Adopted the 18th day of
June, 1996.
Norma Althouse, City Sec-
retary
...
.
I
,
'.
,
"
,
: 21
IAN ORDINANCE CLOS-
,liNG THE HEARING ON
:SPECIAL BENEFITS TO
, lBE RECEIVED FROM
':PROPOSED STREET IM-
:PROVEMENTS AND ON
,
tOTHER MATTERS WITH
,REFERENCE THEReTO;
~EVYING SPEciAL AS-
.
~ESSMENTS; PROVIDING
fOR THE ISSUANCE OF
~SSESSMENT CERTIFI~
fATES; RATIFYING AND
~ONFIRMING ALL PRO-
~EEDINGS HERETO-
fORE TAKEN BY THE
~ITY COUNCIL OF THE
~ITY OF SCHERTZ,
:TEXAS, IN CONNECTION
~ITH SUCH STREET IM-
~ROVEMENTS AND THE
:ASSESSMENTS WITH
~EFERENCE' THERETO;
~ROVIDING THAT
.
~ J'
11 0 Legal NOt.Cf'3
SHOULD ANY SECnON
OR ANY PART OF ANY
SECTION OF THIS ORDI-
NANCE BE HELD VOID,
THE REMAINING POR-
TIONS THEREOF SHALL
NOT BE AFFECTED;
MAKING OTHER FIND-
INGS AND ENACTING
OTHER PROVISIONS IN-
CIDENT AND RELATED
TO THE SUBJECT; AND
DECLARING AN EMER-
GENCY.
Passed" Approved and
Adopted the 18th day of
June, 1996.
Norma Althouse. City Sec-
retary
"
.'.
PUBLISHER'S AFFIDAVIT
. · t tr.~
(H tV ~-i .
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(}j#(~ ~ .' ~( g )
,-,i~ ,'(; r:A (p
u/ I
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared L . A. REYNOLDS
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
AD
was published in said newspaper
,6 times before the return day named therein, such
publications being on the following dates:
MllV ?L1.. lClClf;
MAY 30, 1996
MAY 31. 1996
,JrTNE 6. 1996
JUNE 7, 1996
.1TTNR 1 ~. 1 ClClf;
and a newspaper copy of which is hereto attaChed~
Sworn to and subscribed before me, this 13th day of JUNE
A.D., 19 96
:-...-;-y''"?'U''';\
,fo;~"~~:~"" MARGARET L. CLARKSON
rf *~'~/'\ \ ~Iotary Public, State 01 Tei<Jls
~ * ' ./\" , * .. ."
t \. /:\ .f J My Commission E>:plresJan. 14, 199B
''It''IU';~''''''''''''''''''''''~~e;, I'
I,\\~~,~~,,~~_,:
'-rn~r ~ ~
Notary Public, Guadalupe County, Texas
, ~ 0 Legal Notices
11 0 Legal Notices
11 0 Legal Notices
11 0 Legal Notices
CITY OF SCHERTZ Council shall have the pow- office of the City Secretary Crossing and bisected by
NOTICE OF HEARING ON er to and shall correct any of the City. Weiderstein Road (approx-
SPECIAL BENEFITS TO' errors, inaccuracies, irregu- III; imately 1,230 linear feet)
BE RECEIVED FROM larities, and invalidities, The The streets and avenues or Width From Back of Curb
PROPOSED IMPROVE- City Council shall detennine portions thereof to be im- to .Back of Curb
MENTS TO, STREETS, the amount of assessm~nts proved within thelimitstixed 30 feet
AND AVENUES OR POR- for the street improvements by the City Council are Iist- Amount to be Assessed
TIONS THEREOF WITHIN and all other incidental mat- ed below as they have been Against Property Owner
THE CITY OF SCHERTZ, ters and shall have the pow- divided by the City Council 151,758,11
TEXAS AND ON OTHER er by ordinance .to close into separate and distinct Amount to be Paid' by
MATTERS WITH REFER- such hearing, and by the improvement units, There is City
ENCE THERETO, WHICH same or by a later ordinance stated in connection with the 14,450.51
HEARING IS TO BE HELD or ordinances to levy such listing of each Street and Total Cost
IN THE CITY HALL OF street assessments before, avenue or portion thereof 166,208.62
THE CITY OF SCHERTZ, during or after the construc" within the limits herein de- Unit
TEXAS BEGINNING AT tion of the street improve- fined constituting each im- No.1
7:00 O'CLOCK P.M" ON ments, but no part of any as- provement unit the estimat- Street or Avenue
THE 18TH DAY OF JUNE,' sessment against abutting ed amount or amounts per King Lane (60 feet of right-
1996. property and the owne~ front foot to be assessed of-way)
TO ALL OWNERS AND thereof shall be made to against the owner or owners Identification
TO ALL PERSONS mature prior to acceptance thereof and against such Crossing and bisected by
OWNING OR, CLAIMING by the City of the improve- properties, and the estimat- Weiderstein Road (approx-
ANY INTEREST IN OR ments for which the assess- ed total cost of the improve- imately 1,230 linear feet)
LIEN UPON ANY ment is levied. It shall not be ments as to each improve- Width From Back of Curb
PROPERTY' . '. neces~ryto levy all of the ment unit: i to Back of Curb
ABUlTII\!l3T1:1E. . assessments at one time or There is included in the esti- 30 feet
STREEts bya single ordinance, and mated amount to be as- Amount to be Assessed,
OR AVENUES OR said hearing may be closed sessed, against abutting Against Property Owner
PORTIONSTH,f:REOF as to each portion of a properties and the owners 151,758.11'
OF THee street and/or avenue thereof a proportionate part ,Amount to be Paid by
CITY OF SC~RTi, constituting a unit of of all costs incidental to the City
TEXAS,HEREI~FTER improvement (as such units construction of the improve- 14,450,51
NAMED, WITHI~ THE are designated below), after ments. Tota,l Cost
LIMITS HEREINAFTER a fair opportunity for hearing The designation of such 166,208.62
SET FORTH; AND TO has been. af- streets and avenues or por- The assessment rate shall
. ALL OTHER forded to all desiring to con- ' tions thereof and such other be $92.96 per linear foot of
INTERESTED test the assessments pro- infonnation as follows: residential frontage. As pro--
PARTIES AND, TO THEIR posed to be levied against Unit vided in Chapter 313, as
AGENTS AND the owners thereof and their No.1 amended, Te1l8s Transpor-
ATTORNEYS: ! properties abutting on the Street or Avenue tation Code the abutting
YOU ARE HEREBY NOTI- portion of each such street Weiderstein Road (60 feet of property owners shall not
FlED that the City Council of and avenue constituting a right-of-way) pay more than all of the cost
the City of Scher:tz,. T~xas unit of improvement. The Identification . of constructing, reconstruct-
(the "City"), hasdetennined City CoLl"cil shall then have From Schertz Parkway to ing, repairing or realigning
the necessity.. for and or- the. power to levy such as- within 120 feet of Jupe Lane curbs and gutters, plus 9/
deredthe imp~v~m~ntof . sessments against the abut- (approximately 1,650 linear 10lhs of the actual costs of
certltin sf,reeTS'1iifc:raventl~~.'tlngpf6pei1lesari(JagaTrist ' feet)~ ..... the-street-'-tmp1'Ovements
'orpoi1iOl'i's.thlmil)'fWlthlrran ,., 'the-OWners thereot'No as- WldthFromBac1(ofCutb and the City shall pay the re-
'arealocated,witllih its City . sassman! shall . be levied to Back of Curb maining costs.
~Iimits, hereinafter more par- against any abutting proper- 44 feet IV.
ticularly describ8d, 'the na. tieS and the owners thereof Amount to be Assessed A more complete descrip-
re of which improvements in excess of the special ben- Against Property Owner Uonof the street improve-
is he. reinafterg. enerally set efits to such properties and $328,803.67 ments ordered to be made
forth, thatlhe City Council their owners in the Amount to be Paid by and the area in which such
has approved and adopted enhanced value thereof by City improvements are to be
the estimate, statement and means of ,such $31,308.91 constructed is set forth in an
report of the City's Engineer improvements as deter- Total Cost ordinance adopted by the
(the "Cost Estimate"), and mined at such hearing. All $360,112.58 City Council of the City on
th~t the City Council has of such owners, claimants Unit the 21st day Of May, 1996,
taken other a~ons and had and othEtr interested parties, No. 1 and such ordinance is incor-
other. proceedings with ref. their agents or attorneys, are Street or Avenue porated herein by reference.
erence to the making of such hereby referred for further, O'Dell Lane (60 feet of right- Additional information con.
improv~nts,all of which infonnation to the proceed- of.way) cerning the proposed street
pl"OCee(lings are of record in ings with reference to such Identification . improvements may be ob-
the Minutes . of' the City improvements on file and/or Crossing and bisected by tained from the ,City Manag-
Council~. and' has by ordi- of record with the City Sec- Weiderstein'Road (approx- er.
nance' ordered that a retary of the City and par- . imately 1,230 linear feet) This notice is issued, by di-
hear;ing ,beheld and notice ticularly to the Cost Es- Width From Back of Curb rection ofthe City Council of
thereof given; NOW, timate, and to the proposed to Back of Curb the City of Schertz, Texas,
THEREFORE, assessment toll (which is a 30 feet this the 21st day of May,
PURSuANT, TO SAID part of the Cost Estimate) Amount to be Assessed 1996.
PROCEEDIN~S AND wherein the exact' amount Against Property Owner DONE BY ORDINANCE
SUCHOADlNANCE, NO- proposed to be assessed 151,758.11 OF THE CITY COUNCIL
neE IS HEREBY GIVEN: 'against e8ch abutting prop- Amount to be Paid by OF THE CITY OF
'. . I. '. ertyand the owner thereof City SCHERTZ, TEXAS, IN
That. a h~aring lilhail be is set forth. The' Cost 14,450.51 WITNESS WHEREOF WE
given to., the.. above Estimate (incl,uding the Total Cost HAVE HEREUNTO SET
designated and described proposedassessmenttoll) is 166,208.62 OUT HANDS AND THE
persons and . par-, on tile in the office of the City Unit SEAL OF THE CITY ON
ties ~dto all other such' Secretary. No.1 THIS, THE 21ST DAY OF
persons and. parties inter- II. Street or Avenue MAY, 1996.
est.ed/ioany of such proper- The nature of the improve- Nile Lane (60 feet of right- CITY OF SCHERTZ,
ties"incltlding their agents mentsfor which assess- of-way) TEXAS
aooattPrneys, . before '. the ments are proposed to be Identification Hal Baldwin,
PiW/Cquncil'of the: City. of levied and to which this no- Crossing and bisected by Mayor
~T...xas;whichhear- . tice relates is the filling, Weiderstein Road (approx- ATTEST:
ili9lilhsll: begin on the 18th grading, raising, paving or imately 1,230 linear feet) Nonna Althouse,
dayofJLlne, 1996, at .7:00 repaving of the st~eets and Width From Back of Curb City Secretary
o'clock P.M., arid shall be avenues or portions thereof to Back of Curb
held'inthe9itY .Hallof the in a permanent manner, 30 feet. ,
9ftY,a.t}Vhi~~ hearing all of 'and by the constn.rction or re- Amo.unt to be Assessed
1l:le()""n~r,Sand other inter. construction and the realign- Against Property Owner
~~Jd.;pl:lrties,their agents ing of curbs and gutters 151 ~ 758,11
~;&ttomeyS. sl18Jl have the where there are no existing Amount to be Paid by
r.iltit!c),:::,b,e', ,heard .onany . curbs and gutters which City
~ttElr~tc:l'V!hicl:l a hearing can be utilized in whole or in 14,450.51
~......,a....:.co....,. n......~..'.tit...:.....~.'.......i~~. IPre.req. ui- part!n the opinion ofthe City Total Cost
sit8~th.\<i1lldityof any as- l:ngllleer and by 166,208.62
~$i'rienf$:lu9ht to be im- reconstructing and Unit
~~;',~r;icI'Jo contest the realigning existing curbs No.1
~,9f;~eproposed as- and gutters which can be Street or Avenue
~$S~.;,the~lierlandli- utilized in whole or in part in Mora Lane (60 feet of right-
~~ity:ther~f. and the spe- . the opinion of the City En- of-way)
~~rl:i~nefitS\to tt,le abutting gineer, and ,by the construc- Identification
., "~nle'Si~dtheowners tiOn of such other necessary Crossing and bisected by
'". 'm:tMproposed incidentals and appurte- Weiderstein Road (approx-
,en,ierits, . thenancesas' the, City's En- imately 1,230 linear feet)
tIffIcjericy,regu- gineer has found to be nec- Width from Back of Curb
~fii:lityofttiepro- essary or advisable, all as to Back of Curb
~i1d contracts in shown by the plans and 30 feet
''With such im- specifications of the City's Amount to be Assessed
, and proposed . Engineer, and by widening Against Property Owner
,OrCC?nc!9l'ning where necessary so as to 151,758.11
. ,thinl1(:Onnect- attain the paved width from Amount to be Paid by
. . back of curb which is set out City
a",ng maybe 'below, sUCh paving to con- 14,450,151
in time to time sist of the construction of an Total Cost
,pay,until a fair adequate asphaltic wearing 1 ~,208,62
lOfl:li;laring has surface on an adequate Unit
.slldesiring base, the exact nature of No.1
.. ':$pec;ial. as- such improvements being Street or Aven~e
" proceedings more particIJlarly shown ir:J Lyric Lane (60 feet of right-
he Street im- the plan and specifications of-way) . ,
lJ6.~emEihts; "The City which will be on file in the Identification
CITY OF SCHERTZ
NOTICE OF HEARING ON
SPECIAL BENEFITS TO
BE RECEIVED FROM
PROPOSED IMPROVE-
MENTS TO STREETS
AND AVENUES OR POR-
TIONS THEREOF WITHIN
THE CITY OF SCHERTZ,
TEXAS AND ON OTHER
MATTERS WITH REFER-
EN,GE THERETO, WHICH
HEARING IS TO BE HELD
IN THE CITY HALL OF
THE CJriQF $CtlEBTZ,
TEXAS ~~GINNINGAT
7:00 O'CLOCK P.M., 0N:
THE 18TH DAY OF JUNE,
1996.
TO ALL OWNERS AND
TO
ALL PERSONS OWNING
OR CLAIMING ANY IN-
TEREST IN OR LIEN
UPON ANY PROPERTY
ABUTTING THE
STREETS
OR AVENUES OR POR-
TIONS THEREOF OF
THE
CITY OF SCHERTZ,
TEXAS, HEREINAFTER
NAMED, WITHIN THE
LIMITS HEREINAFTER
SET FORTH, AND TO
ALL
OTHER INTERESTED
PARTIES AND TO THEIR
AGENTS AND A TTOR-
NEYS:
,YQU.Afte..J::I~R~1!Y,NOTI-
FlED that the City Council of
the City of Schertz, Texas
(the'City"), ,has determined
. the, neces~ity for and or-
dered . the Improvement of
certain $treats and avenues
or portions thereof within an
area located within its City
limits, hereinafter more par-
ticularlydescribed, the na-
ture of which improvements
is hereinafter generally set
forth, thatthe CitY Council
has approved and adopted
the estimate, statement and
reportofihe City's Engineer
(the .Cost Estimate"), and
..that .the CityCou,ncil has
taken other actions and had
other proceedings with ref-
,erenceto the 'making of such
improvl;lments, all of which
proceedings are of record in
the Minutes of the City
Council, ,and has by ordi-
nance ordered that a
. ,healing be held and notice
thereofgivell; NOW,
THI;REFORE,
','PURSUANT TO SAID
.PF\OCEEOINGS AND
SUCH ORDINANCE, NO-
TIC,E IS HEREBY GIVEN:
I.
. That a hearing shall be
" . given to . the above
"..desighated and
'd!'l5cribed perSons and par-
ties and to all other such
. persons and. parties inter-
~ed ,in~ily' ()lsuch proper-
" ties; including their agents
and:attomeys,before the
,CityCou~bil of the City of
~hertt, Texas, which hear-
ingshail>begin on the 18th
day of June"199a, at 7:00
o'clO(;!( P.M., and shall be
held in the Cityi Hall of the
11 0 Legal Notices
City: at which hearing all of
the owners and other inter-
ested parties, their agents
and attorneys, shall have the
right to be heard on any
matter as to which a hearing
is a constitutional prerequi-
site to the validity of any as-
sessment sought to be im-
posed, and to contest the
amounts of the proposed as-
sessments, the lien and li-
ability thereof, and the spe-
cial benefits to the abutting
properties and the owners
thereof from the proposed
street improvements, the
accuracy, sufficiency, regu-
larity and validity of the pro-
ceedings . and contracts in
connection with such im-
provements and proposed
assessments,or concerning
any matter or thing connect-
ed therewith,
That such hearing may be
continued from-time to time
and day to day until a fair
opportunity. for hearing has
be~n afforded to all. desiring
to contest the special as-
sessments or proceedings
relating to. the street im-
provements, The City
Council shall have the pow-
er to and shall correct any
~mors, inaccuracies, irregu-
larities, and invalidities, The
City Council shall determine
the amount of assessments
for the street improvements
and all other incidental mat-
ters and shall have the pow-
er by ordinance to close
such hearing, and by the
same.or by a later ordinance
or ordinances to levy such
street assessments before,
during or after the construc-
tion of the street improve-
ments, but no part of any as-
sessment against abutting
property and the owners
thereof shall be made to
mature pnono acceptance
by the City of the improve-
ments for which the assess-
ment is levied, It shall not be
necessary to levy all of the
assessments at one time or
by a single ordinance, and
said hearing may be closed
as to each portion of a
street and/or avenue
constituting a unit of
improvement (as
such units are designated
below), after a fair opportun-
ity for hearing has been af-
forded ~o all desiring to con-
test the assessments pro~
posed to be levied against
the owners thereof and their
properties abutting on the
portion of each such street
and avenue constituting a
unit of improvement. The
City Council shall then have
the power to levy such as-
sessments against the abut-
ting properties and against
the owners thereof. No as-
sessment shall be levied
against any abutting proper-
ties and the owners thereof
in excess of the special ben-
efits to such properties and
their oWners in the
enhanced value thereof by
means of such '
improvements as de-
tennined at such hearing, All
of such owners, claimants
and other interested parties,
their agents or attorneys, are
hereby referred for further
infonnat/on to the proceed-
ings with reference to such
improvements on file and/or
of record with the City Sec-
retary of the City and par-
ticularly to the Cost Es-
timate, and to the proposed
assessment toll (which is a
11 0 Legal Notices
11 0 Legal Notices
----'
Amount to be Assessed
Against Property Owner
$328,803.67
Amount to be Paid by
City
$31,308,91
Total Cost
$360,112,58
Unit
No, 1
II. Street or Avenue
The nature of the improve- O'Dell Lane (60 feet of right-
ments for which assess- of-way)
ments are proposed to be Identification
levied and to which this no- Crossing and bisected by
tice relates is the ,.filling, Weiderstein Road (approx-
grading, raising, paving or imately 1,230 linear feet)
repaving of the streets and Width From Back of Curb
avenues or portions thereof to Back of Curb
in a permanent manner, 30 feet
and by the construction or re- Amount to be Assessed
construction and.the realign- Against Property Owner
ing of curbs and gutters 151,758,11
where. there are no existing Amount to be P~id by
curbs and gutters which City
can be utilized in whole or in 14,450,51
part in the opinion of the City Total Cost
Engineer and., by 166,208.Q?
reconstructing and Unit ~
real\gn~n,q, existililp ;~LJ~bs" .~o: 1 ~
and gutters which can be Street or Avenue
utilized in whole or in part in Nile Lane (60 feet of right-
the opinion of the City En- of-way)
gineer, and by the construc- Identification
tion of such other necessary Crossing and bisected by
incidentals and appurte- Weiderstein Road (approx-
nances as the City's En- imately 1,230 linear feet)
gineer has found to be nec- Width From Back of Curb
essary or advisable, all as to Back o.f Curb
shown by the plans and 30 feet
specifications of the City's Amount to be Assessed
Engineer, and by widening Against Property Owner
where necessary so as to 151,758,11
attain the'paved width from Amount to be Paid by
back of curb which is set out City
pelow, such paving to con- 14,450,51
sist of the construction of an Total. Cost
adequate asphaltic wearing 166,208,62
surface on an adequate Unit
base, the exact nature of No, 1
such improvements being, Street or Avenue
more particularly shown in Mora Lane (60 feet of right-
the plan and specifications of-way)
which will be on file in the Identification
office of the City Secretary Crossing and bisected by
of the City, Weiderstein Road (approx-
III. imately 1,230 linear feet)
The streets and avenues or Width From Back of Curb
portions thereof to be im- to Back of Curb
proved within the limits fixed 30 feet
by the City Council are list- Amount to be Assessed
ed below as they have been Against Property Owner
divided by the City Council 151,758,11
into separate and distinct Amount to be Paid by
improvement units, There is City
stated in connection with the 14,450.51
listing of each street and Total Cost
avenue or portion thereof 166,208,62
within the limits herein de- Unit
fined constituting each im- No, 1
provement unit the estimat- Street or Avenue
ed amount or amounts per Lyric Lane (60 feet of right-
front foot to be assessed of-way)
against the owner or owners Identification
thereof and against such Crossing and bisected by
properties, and the estimat- Weiderstein Road (approx-
ed total cost of the improve- imately 1,230 linear feet)
ments as to each improve~ Width From Back of Curb
ment unit: to Back of <::urb
There is included in the estie ,30 feet
mated amount to be as-Amount to be Assessed
sessed against abutting Against Property Owner
properties and the owners 151,758,11
thereof a proportionate part Amount to
of, all costs incidental to the City
construction of the improve- ,14,450.51
ments, I
The designation of such
streets and avenues or por-
tions thereof and such other
information as follows:
Unit
No.1
Street or Avenue
Weiderstein Road (60 feet of
right-of-way)
Identification
From Schertz Parkway to
withir) 120 feet of Jupe Lane
(approximately 1,650 linear
feet)
Width From Back of Curb
to Back of Curb'
44 feet
part of the Cost Estimate)
wherein the exact amount
proposed to be assessed
against each abutting prop-
erty and the owner thereof
is set forth, The Cost
Estimate (including the
proposed assessment toll) is
on file in the office of the City
Secretary.
11 0 Legal Notices
Total Cost
166,208.62
Unit
No, 1
Street or Avenue
King Lane (60 feet of right-
of-way)
Identification
Crossing and bisected by
Weiderstein Road (approx-
imately 1,230 linear feet)
Width From Back of Curb
to Back of Curb
30 feet
Amount to be Assessed
Against Property Owner
151,758,11
Amount to be. Paid by
City
14,450,51
Total Cost
166,208,62
The assessment rate shall
be $92,96 per linear foot of
residential frontage. As pro-
vided in Chapter 313, as
amended, Texas Transpor-
tation Code the abutting
property owners shall not
pay more than all of the cost
of constructing,reconstruct-
ing, repairing or realigning
curbs and gutters, plus 9/
10ths of the actual costs of
the street improvements
and the City shall pay the re-
maining costs.
IV.
A more complete descrip-
tion of the street improve-
ments ordered to be made
and the area in which such
improvements are to be
constructed is set forth in an
ordinance adopted by the
City Council of the City on
the 21st day of May, 1996,
and such ordinance is incor-
porated herein by referen~.
Additional infcinnation con-
cerning the proposed street
improvements may be ob-
tained from the City Manag-
er.
This notice is issued by di-
rection of the City Council of
the City of Schertz, Texas,
this the 21st day of May,
1996,
DONE BY ORDINANCE
OF THE CITY COUNCIL
OF THE CITY OF
SCHERTZ, TEXAS, IN
WITNESS WHEREOF WE
HAVE HEREUNTO SET
OUT HANDS AND THE
SEAL OF THE CITY ON
THIS, THE 21ST DAY OF
MAY, 1996,
CITY OF SCHERTZ,
TEXAS
Hal Baldwin,
Mayor
ATTEST:
Norma Althouse,
, City Secretary ,
11 0 Legal Notices
CITY OF SCHERTZ
NOTICE OF HEARING ON
SPECIAL BENEFITS TO
BE RECEIVED FROM
PROPOSED IMPROVE-
MENTS> TO STREETS
AND AVI=NUES OR POR-
TIONS THEREOF WITHIN
THE C1lit' OF SCHERTZ,
TEXAS AND ON OTHER
MATTERS WITH REFER-
ENCE TI-lERETO, WHICH
HEARING IS TO BE HELD
IN, THE, CITY HALL OF
THE CITY OF SCHERTZ,
TEXAS BEGINNING AT
7:00 O'CLOCK P.M., ON
THE 18TH DAY OF JUNE,
1996.
TO ALL OWNERS AND
TO
ALL PERSONS OWNING
OR CLAIMING ANY IN-
TEREST IN OR LIEN
UPON ANY PROPERTY
ABUTTING THE
STREETS
OR AVENUES OR POR-
TIONS THEREOF OF
THE
CITY OF SCHERTZ,
TEXAS, HEREINAFTER
NAMED, WITHIN THE
LIMITS HEREINAFTER
S.ET FORTH, AND TO
, ALL,
OTHEIi\INTERESTEO
PARTIES AND TO THEIR
AGENts AND ATTOR-
1 NEYS:
YOU A~HEREBYNOTI-
FlED ~the City Council of
the .city of Schertz, Texas
.(th$ .C~), hasdetenni,,!ed
the n~ity for a~ or-
., dered the' improvement of
certain streets and avenues
or portions thereof within .an
area lClC8ted within its City
Hn'lit$, hereinafter more par-
ticularly described, the n~
t1J~ pf ""hich improvements
is',hereinafter generally set
,]forth, that the CitY Council
has approv~ and adopted
'. th8~mate, statement and
i,~rtof the City's Engineer
'.;(the .~Estimate.), and
,thattheqity Council has
, taken other 8ctionsand had
,;oth$r..pipceedings with ref-
.'
11 0 Legal Notices
11 0 Legal Notices
11 0 Legal Notices
11 0 Legal Notices
erence to the making of such ters ~d shall have the pow- erty and the. owner thereof thereof and against such
improvements, all of which er by ordinance to close is set. forth. The, Cost, properties, and the estimat-
proceedings are of record in such hearing, and by the . Estimate (including. the ed total cost of the improve-
the Minutes of the City same or by a later ordinance proposed assessment tolO is ments' as to each improve-
Council, and h~s by ordi- or ordinances to levy such on file in the OfIiceofthe City ment unit:
nance ordered that a street assessments bt3fore, Secretary, There is included in the esti"
hearing be held and notice during or after the construe- II; mated amount.to be BEl...
thereof given; NOW, ,tioo:OJ the streetimprov8.-- The natu~oftheimproy'e- sessed against abutting,
but part of ments .for' which assess-. rt il:l the owners
THEREFORE, ments, no any as- . prope . ies an
PURSUANT TO SAID sessment against abutting ments are proposed to be thereof a proportionate part
levied and to which this 00-
PROCEEDINGS AND property and the owners of all costs incidental to the
tice relates. is.' the filling,
SUCH O'RDINANCE, NO- thereof shall be made to construction of the improve-
grading, raising, paving. or
TICE IS HEREBY GIVEN: mature prior to acceptance repaving of the streets andments.
I. by the City of the improve- avenues or portions thereof 'I The designation of such
That a hearing shall be ments for which the assess- in a pennanent manner, streets and avenues or por-
given to the above ment is levied. It shall not be and by theconstruclion or re- tions thereof and such other
designated and described necessary to levy all of the constnJclion and the realign- infonnation as follows:
persons and parties and to assessments at one time or ing of curbs.. and gutters Unit
all other such persons and by a single ordinance, and where there arena existing No. 1
parties interested in. antheiy ~f said hean.'ng may be closed curbs and' gutters which Street or Avenue
such properties including r can be utilized in whQIe or in Weiderstein Road (60 feet of
ag$nts and' attorneys,. as to each. portion ofa part in the opin~n of the City right-Of-way)
before the City Council of the 'street and/or avenue Engineer and by Identification
City of Schertz, Texas, constituting a unit of reconstructing and From Schertz Parkway to
which hearing shall begin on improvement (as such units realigning existing curbs within 120 feet of Jupe Lane
the 18th day of June, 1996, are designated below), after and. gutters which can be (approximately 1,650 linear
at 7:00 o'clock P.M., and shaM a fair opportunity for hearing utilized in ""001$ or in part in ' feet)
be held in the City Hall of the has been af- the opinion 6f the City En- Width From Back of C~rb
. City, at which hearing all of forded to all desiring to con- gineer, and by the, construe- to Back. of Curb
the owners and other inter- test the assessments pro- liOn of such other necessary .44 feet
ested parties, their agents . ed to be levied against incidentals and' appurte- Amount to be Assesaed
~htatttomeysbe h' Shalrd' have the ~: owners thereof arid their nances as the CitYs En. Against Property Owner
ng 0 ea on any '. gineer has fou,:,d to be nec~ $328,803.67
matter as to which a hearing properties ~buttlng on the essary or advisable, all as Amount to' be Paid by
is a constitutional prei-equi- portion of each such street shown by the plans and City
site to the validity of any as- and avenue constituting a specifications of the City's $31,308.91
sessment sought to be im- unit of improvement. The Engineer, lI,nd by widening Total Cost
posed, and ,to contest the City Council shall then have where necessary sO as to $360,112.58
amounts of the proposed a&- the power to levy such as- ,attain the paved'width from Unit
sessments, the lien and Ii- sessments against the ~ut-' back of curb which is set out No; 1
ability thereof, and thespe- ting properties and against below, suctl paving to con- Snat or Avenue
cial benefits to the abutting the owners thereof. N6 astSist of the construction of an O'Dell Lane (60 feet of right- '
properties and the OWners nt shall be levied adequate asphaltic wearing! of-wll,Y)
thereof from the. proposed se~me . surface on an adequate' Identification
street improvements, the against any abutting proper- base, the exact nature. of crOssing '. and bisected by
accuracy, sufficiency, regu- ties and the OWners thereof such improvements being Weide~ein Road (approx-
larity and validity of the pro- in excess of the special ban- more particularly shown in il)'1ately 1,230 linear feet)
ceedings and contracts in efits to suCh properties and the plan and specifipations Width From. Back of Curb
connection with such im- their owners itl the which will be on. file in the to Back of Curb
prpvements and proposed enhanced value thereof by . office of the City Sec~arY30 feet
assessments, or conceming means' of such I of the city~. . . Amount to. be AslMtSsed.
any matter or thing connect- improvements as de-, III~ ' Against Property Owner
ed therewith. tenninedatsuch hearing. All . The streets and avenues or 151,758.11
That such heanng may ~ ." h f be . Amount to be Paid by
. , ' of s.uch owners, claimants portions t ereo " to .' Im~ . .CIty.
continued from time to tim ed with' th I its fixed
. an~ other intereSted parties, prov In e im". '14,450.51
and day to day until a fair b th City Co I 1st
their agents or atto~, are Y e . . unci .liIre i-Total Cost
opportunity for hearing has' hereby' referred for further ed below as they have been 166,208.62
been afforded to 1;111 desiring infonnationto the proceed-, divided by the City Council Unit
to contest the special as- ings with reference to such into separate'.and distinct No.1
sessments or proceedings' improvements on file and/or improvement units. There is street or Avenue
relating to the street im-of record with the City Sec- .' stated in conneCtil:m with.the Nile Lane (60 feet of right-
provements. The City retary of the City and par- listing of each street and of~way)
Council shall have the pow- fcularly to the Cost Es- avenue or portion thereof Identification
er to and shall correct any ~ . h' h I' . h' . d . . Crossing and bisected by
errors, inaccuracies, irregu- tlmate, and to the p~~d wit In' t e. Imlts. ere," e-. Weiderstein Road (approx-
assessment toll (which IS a fined constitutinlJeach im- imately.1 230 linear feet)
larities, and invalidities.The part of the Cost Estimate) .provement unit the estimat- Width F~m Back of Curb
City Council shall detennine wherein the exact amount ed amount or amounts per. to Back of C"rb
the amount of assessments proposed to be aSsessed frOnt foot to be assessed 30 feet
for the .streetimprovements against each abutting prop_ against the owner or owners Amount to be Asses~
and all other incidental mat-
11 0 Legal Notices
11 0 Legal Notices
------
.
I
I
.
j
tation Code the abutting:
property owners shaH not:
pay more than all of the cost,
of constructing, reconstruct-.
ing, repairing or realigning I
curbs and gutters, plus 9/1
..1OthsQttbea~1 ~ Qf:
. tl)e str~h~p~~e~:
and the Cityshall:pay:thlne-l
maining c;osts. . :
. '. .
IV. ' .
, . .
A more complete descrlp-I
tion of the street imprO~ I
ments ordered to be made.
and the area in which suCh:
improvements are to be:
constructed is set forth in an :
ordinance adopted by thel
City Council of the City on :
the 21st day of May, 1996,1
and such ordinance is lnear- :
porated herein by referenCe. :
Additional infonnation con-:
ceming the proposedslreet :
improvements. may be ob; :
tained from the City Manag- :
e~ I
This notice is ~ued by dl- :
rection of the City Council of :
the City of Schertz, Texas,:
this the 21st day of May,l
1996. ·
DONE BY ORDINANCE!
OF THE CITY COUNCIL I
OF THE CITY OF :
SCHERTZ, TeXAS; '-IN 1
WITNESS WHEREOF WE
HAVE HEREUNTO SET
OUT HANDS AND THE
SEAL OF THE CITY ON
THIS, THE 21ST DAY OF
be Paid by MAY, 1996.
CITY OF SCHERTZ,
TEXAS
Hal Baldwin,
Mayor
ATTEST:
Norma Althouse,
City Secretary
Against Property OWner
151,758.11
Amount to be Paid by
City
14,450.51
Total Cost
166,208.62
Onlt
No.1
Street or Avenue
Mora Lane (60 feet of right-
Of-way)
Identification
Crossing ,and bisected by
Weiderstein Road (approx-
imately 1,230 linear feet)
Width From Back of Curb
to Back of Curb
30 feet
Amount to be Assessed
Against Property Owner
151,758.11
Amount to be Paid by
CIty
14,450.51
Total. Cost
166,208.62
Unit
No.1
Street or Avenue
Lyric Lane (60 feet of right-
of-way)
Ider!tIflcatlon
Crossing. and bisected by
Weide~ein Road (approx-
imately .1,230 linear feet)
Width From Back of Curb
to Back of Curb
30 feet
Amount to be Assee.ed
Against Property Owner
151,758.11
Amount to
City
. 14,450.51
Total Cost
166.208.62
Unit
No.1
Street or Avenue
King lane (60 feet of right-
of-way)
, IdentJfIcaUon
Crossing and bisected by
Weiderstein Road (approx-
imately 1,230 linear feet)
Width From Back of Curb
to Back of CUrb
30 feet
Amount to be Assessed
Against Property Owner
151,758.11
Amount to
City
14,450.51
Total Cost
166,2O~.62
The assessment rate. shall
be $92.96 per linear foot of
residential frontage. As pro-
vided in Chapter 313, as
amended, T exes Transpor-
,.- ,,'~'--
CITY OF SCHERTZ er by ordin~nc~ to. c.loseed amount or amounts per" Amoun1 to be 'Assessed
NOTICE OF HEARING ON such hearing, and ~y the 'fron,t foot to be assessed Against Property Own~r
SPECIAL. BENEFITS TO same or by a later ordinance aga.nsttheownerorowriers 151,758.11' ",.,
BE RECEIVED FROM or ordinances to levy.such thereof and! against such Amount to be Paid by
PROPOSED IMPROVE- street assessments before, properties, and theestimat- City
MENTS TO STREETS during or after the construc- edtotalcostoftheimprove- 14.450.51,
AND AVENUES OR POR- tion of the street imp~ove- ments as to each improve- Total Cost
TIONS THEREOF WITHIN ments. but no part of any as- ,ment unit: 166,208.62
THE CITY OF SCHERTZ, sessment apainst abutting There jsincluded in the esti- Tht;1 assessment rate shall
TEXAS AND ON OTHER property and the owners. ,mated ..amount to . be as- be $92,96 per linear foot of
MATTERS WITH REFER- thereof s~all be made to i sessed. against' abutting residential frontage. As pro-
ENCE THERETO, WHICH mature ~nor to a~epta~ce properties and the owners vidjild in Chapter 313, as
HEARING IS TO BE HELD by the City ~f the Improve- thereof.a p~p?rtionatepart. amended, Texas Transpor-
IN ! THE CITY HALL OF ment~ for ~hlch the a~ess- Qf all COS!S Incidental to the tation Code the abutting,
THE CITY OF SCHERTZ, ment IS leVIed, It shall not be construction of the improve- property owners' shall not
TEXAS BEGINNING AT necessary to levy all ,of the ments. pay more than all of the cost
7:00 O'CLOCK P.M., ON asse~ments a~ one t.me or The designation of such of constructing, reconstruct-
THE 18TH DAY OF JUNE, by, a slng,le ordinance, and streets and avenues or por- ing, repairing or realigning
1996. said heanng may ~e clO~d ~ons the~f and liuch other curbs and gutters, plus 9/1
TO ALL OWNERS AND as to each portion ofa ,,~formatlon as follows: 1Othsof the actual costs of
TO street and/or. avenue Unit the street improvements
ALL PERSONS OWNING ~nstituting a unit .of No. 1 and the City shall pay the re-
OR CLAIMING ANY IN- Improv~ment (as such units Street or Avenue maining costs;
TEREST IN OR LIEN are designated below), after Weiderstein Road (60 feet Of IV
UPON ANY PROPERTY a fair opportunity for h~aring right-of~way) A. more compiete descrip-
ABUTTING THE has been af- Identification .. tion . of the street. improve-
STREETS forded to all desiring to con- From Schertz Parkway to ments ordered to. be made
OR AVENUES OR POR- test the assessments pro- Within 120 feet ofJupe Lane and the area in which such
T10NSTHEREOF OF posed to be levied against.. (approximately 1,65Qlinear improvements are to be
THE the oWl'!ers thereof and their feet) , constructed is set forth in an
CITY OF SCHERTZ, pro~ertles abutting ,on the Width Fr~m Back of Curb ordinahce' adopted. by the
TEXAS, HEREINAFTER portion of each such street to Back. of Curb City Council of the City on
NAMED, WITHIN THE an~ av~nue constituting a 44 feet. . the 21st day of May, 1996.,
LIMITS HEREINAFTER U~it of I~rovement. The Amount to be. Assessed and such ordinance is incor-
SET FORTH, AND TO City Council shall then have Against Property Owner porated herein by reference.
All the power to I~vy such as- . $3?8,803.67 ' 'Additional information con-
OTHER INTERESTED ~ments ~galnst the a~ut- . Amount . to be P8Ildby ceming the proposed street
PARTIES AND TO THEIR tlng properties and against City improvements may be ob-
AGENTS ANDATTOR- the owners thereof. No as- $31,308.91 tained from the City Manag-
NEYS: . sessment shall be . levied Total Cost er.
YOU ARE HEREBY NOTI- ~gainst any abutting proper- $360,112.58' This notice is issued by di-
FlED that the City Council of !,es and the owners !hereof Unit raction of the City Council of
the City of Schertz, Texas In excess of the specl8lben- No.1. . the City of Schertz, Texas,
(the "City"), has cletermined elits to such properties and Street or Avenue this' the. 21 st day of May
the ne~essity for and or- their owners in . the O'Dell Lane (60 feet of right- 1996. '
dered the improvement of enhanced value thereof by of-way). DONE BY. ORDINANCE
certain streets and avenues !"eans of such Identification OF THE CITY COUNCIL
or'portions thereof within an Imp~ovements as, de-. C~ssin9 and bisected by OF THE CITY OF
area located within its City termlned at such heanng. All Welderstein Road (approx- SCHERTZ TEXAS IN
limits, her.einafter more par- of such owners, claimants imately 1,230 linear feet) WITNESS WHEREOF WE
ticularlydescribed, .the na- a~ other interested parties, Width From Back of Curt) HAVE HEREUNTO SET
ture of which improvements their agents or attorneys, are to Back of Curb OUT HANDS AND THE
i$ hereinafter generally set hereby referred for.further 30 feet '. SEAL OF THE CITY ON
forth, th,at the City Council ~nform~tion totheproceed~ Amount to be Assessed THIS, THE 21ST DAY OF
has approved and adopted ~ngs With reference to such AgalhstPrope!'ty Owner MAY, 1996.'
the estimate, statement and Improvements on file alldlor 151,758.11 CITY OF SCHERTZ,
'rePort of the City's Engineer of record with the City Sec. Amount to be Paid by TEXAS'
(the "Cost Estimate"), and retary of the City and par- City Hal Baldwin
that the City Council has ticularly to the Cost Es- 14,450.51 Mayor'
taken other actions and had timate, and to the proposed Total Cost ATTEST:
other proceedings with ref- assessment tall (which is a 166,208.62 Norma Althouse
erence tob making of such part of the Cost Estimate) Unit City Secretary ,
imProvements, all of which 'wherein. the exact amQunt No.1'
~irigs are of record in proposed .to be assessed Str..t or Avenue
th8;,Minot8s af' the City against each abutting prop- Nile Lane (60 feet af right-
, Coll"CiJ;-and has by ordi- erty and the owner thereof af-way) .
riartC8Iorderedthat a is set forth. The, Cost Identification
~li:tie't1eld and notice Estimate. (including the Crossing and bisected by
thereof': .oiven: NOW, p~ assessment toU) is Weiderstein Road (approx-
THE$EfORE, " on file In the office of the City imat8:Jy 1 ,230 linear feet)
PUR~U,~NT TO SAID Secretary. Width From Back of Curb
PReqEI;QiNGS AND II. to Back of Curb
, SUCli;I(!)~DiNANCE, NO- The nature Qf the improve- 30 feet '
. : ~',i~4'1eREBVGIVEN: ments . far which assess- Amount to. be AssessQd
:[if,;;',..' me.nts are proposed to be Against Property Owner I
That a h a e . ..' '''51;758.,1-1,..,_-- ,_._,~_.'
giVen " 'ia " ':,":i.l1ce ,relate~ .is the;t!JIjng, A,mount to be Paid by
~ aQd descRbed gradl~g, raising, paving 'ar City
'pe~.a,:l~.p8r1ies and to repaving of the streets and 14,450.51
a1i:'~er;suchpersonsand' ~venuesar,portionsthereof . Total CO$t
P8rti-Inte(eStec:t In any of In a permanent !'Ianner, 166,208,62
'suc:l'I ~~,their and by ~ COnstructlOll or re- Unit.
--~g~rlt$ , . and ~ttomeys, ~structlOn and the realign- No.1
~'tI)e City Council of the Ing of curbs and gutters Street or Avenue
P~JOf'Sehertz,Texas ~ere there are no existing' Mora Lane (60 feet of right-
. . ' begino~ curbs a~~ g~tters which of-way)'
~. '1996 can be utilized In whole or in Identification .
at7 " ......;~~, ri shaIi part ~nthe opinian ofthe City Crossing and bisected 'by
:be ~.in~City ,Hall of the Engineer . and by' Weiderstein Ro!"d (appmx-
. City, at which hearing all of rec~ns!ructln~. and imately 1 ,230 linear feet)
'. ". tbe()\ffflers8no other inter_realigning eXlstmg curbs Width From Back of Curb
, .' es't8d:~ies, their agents . a~~ gu~ers which. can be to Back of Curb
, '1Jid~,shan have the utlllze~ ,~ whole or In part in 30 feet
_ right"tOi '.be heafd. on any t~e, opinion of the City En- Amount to . be Assessed
. matter as to which a hearing ~neer, and by the construc- AgainstPraperty .Owner
~aconstitutionaJ prerequi- !'O~ of such other necessary 151,758.11
, sit~tothevalidityof any as- Incrdentals and ~ppurte- Amount to
$es8il:lent sought to be 1m- n~nces as the Clty's En- City
, ~~and;to, contest the glneer has fou~d to be nec- 14,450.51
,~oftheproposedas- essary or adVISable, alias Total Cost
s~~ents/the lien. and Ii. sho~~ b~ the plans. and 166,208,62
atliI~ltIereOf, and the spe- sp~lflcatlons of the City's Unit
. ci~l"~~fiqI,tc>the abutting Engmeer, and by widening No.1
p~rti.esandthe owners wh~re necessary ~o as to Street or Avenue
t~~ komthe,proposed attain the pave~ w~dth frQm ,Lyric Lane (60 feet of right-
st~/ IlT!prowments, the back of curb whl~h IS set out of-way)
a.cAAracv,sufficiency, regu- b~low, such pavln~ to con- Identification
~~afldval~ity ofthe pro- slstofthe const~'on of,an Crossing and bisected by
" ce8!:l!Jlgsandcorrtracts in. adequate asphaltiC wearing Weiderstein Road (approx-
,C9n~o6 ~" such im~ surface on an adequate imately 1,230 linear feet)
pl'OYef"en1Sand proposed base,. the exact na~ure of Width From Back of Curb
~,orconceming such Imp~vements being to Back of Curb
&nY n,altec or thing connect. more particularly. shown in 30 feet
ed.t""~ith. ' th~ plan and specificatibns Amount to be Assessed
TI1~~l;l(taring .may be w .ich will be ~n file 'in the Against Property Owner
,cOntInUed from time to time office of the City Secretary 151,758.11
aOc;t~y.,tP day until a' fair of the City. Amount to
,op'~nity;~or hearing has' Ill.. City
,/,~~ffc)rcledto, all desiring The.streets and avenue~ or ,14,450.51
,;tc)~<thespecial as- portions thereof to be Im~ Total Cost
"~$ri:Ient$o'rproce8dings proved ~hinthe Ii~its fi~ed 166,208.62
, . rel$ti9~ . to the street im-' by the City Council a~e hst. Unit
'>'.:~~~Eii!'$nt$,), The City ,~~elow as they .have bee~ No.1
'~shallhavethe DOW- ~'~'dedby t~e City COl,lncll Street or Avenue
11 0 Legal Notices
o Legal Notices
properties, and theestimat-
ad total cost of the improve-
ments as to' each improve-.
, ment unit:
There is.included in the esti-
mated, amount to be as-
sessed against' abutting
properties and the owners
thereof a proportionate part
of all costs. incidental to the
construction of the improve-
ments.
The designation of such
streets and avenues or por-
tions thereof and such other
iryormation as. foliows:
Unit'
No.1
Street or Avenue
Weide~teinRoad (60 feet of
right-of-way)
Identification
From Schertz Parkway to
within 120 feet of Jupe Lane
(approximately 1,650 linear
feet) .
Width FrQm Back of Curb
to Back.of Curb
44 feet
Amount ~o be. Assessed
Against Property Owner
$328,803.67
. Amount to be Paid by
City
$31,308.91
Total Cost
$360,112.58 .
Unit
NO.1
Street or Avenue
O'Dell Lane (60 feet of right-
of-way)
Identification
.C~ssin!,l and bisected by
Welderstein Road (approx-
imately 1,230 linear feet)
Width From Back of Curb
to Back of Curb
30 feet
Amount to be Assessed
AgalhstPropefty Owner
151,758.11
Amount to be Paid by
City
14,450.51
Total Cost
166,208,62
Unit
No.1
Street or Avenue
Nile Lane (60 feei of right-
Of-way)
Identification'
CrqSsing and bisected by
Weiderstein Road (approx-
imately 1,230 linear feet)
Width From Back of Curb
II. to Back of Curb
The nature of the improve- 30 feet '
ments :for which. assess- Amount to. be Assess8d
ments are proposed to be Against Property Owner .'
a e . .' >'f5:t;:i'58.t1---___",:. '
given f/to '. ..' . .' .;'.. ,.,~,~!ce .relat~ ,is the;!lI~ng, A,mount to be Paid,by
d~gnlltfid and descnbed gradl~g, raising, paving or City
'~rsOris~dp8rties and to repaving of the streets and 14,450.51
aII,,0tb8r;suelipersonsand ~venues or'portions thereof . Total Cost
Partl~inte(ested in any of In a permanent !'lanner, 166,208.62
'such ~ i1cIucingtheir and by ~ construction or Ie- Unit.
.._gents, ' and ~ttorneys, ?Onstruclion and the realign- No.1
~theCltyCouncilofthe Ing of curbs and gutters Street or Avenue
.~.,of .. Schertz~ Texas, ~here there are no existing' Mora Lane (60 feet of right-
~~;~tIP~1 begin on curbs a~? g~tters whi~h of~way)
tb~~~\~Unl;l, 1996, can ~e utillz~ .1'1 whole or,ln Identification . '
, at7i(lO'Q~P;'M., and shall part ~n the opinion of the City Crossing and bisected by
: be heldintMlC/tyHall ofthe Engineer . and ,br. Weiderstein ROfid (approx-
, . City, at which hearing all of rec~ns~ructln~, . and imately 1,230 linear feet)
. :' tl:le owners and other inter- realigning eXisting curbs Width From Back of Curb
_ad parties, their agents ' a~~. g~ers which can be to Back of Curb
and~eys.shall have the utlllz~l~ whole or in part in 30 feet
,right'-tobe hearct on any t~e, opinion of the City En- Amount to be Assessed
, matter as to which a hearing ~neer, and by the construc- Against Property .OWner
i~a ,constitutional prerequi- ~IO~ of such other necessary 151,758,11
. site to the validity of any as- InCidentals and ~p,purte- A~ountto be Paid by
$l;lssr;nE!nt sought to be im- n~nces as the City s En- City
; ~.and'to' contest the glneer has found to be nec- 14,450.51
,,~rit$ofthe proposed as-' essary or advisable, all, as Total Cost
.~~ents,the lien and Ii- sho~n b~ the plans and 166,208,62
, al:!illW1he.wf, and the spa- sp~lficatlons of the City's Unit
.c~lben~t<lthe abutting Engineer, and by widening No., 1
. .p~pertiesandthl;l owners wh~re necessary so as to Street or Avenue
~. from..~he' proposed attain the pave~ w~dth from ,Lyric Lane (60 feet of right-
$eel, Improvements, the back of curb which IS set out of-way)
~racy. sufficiency, regu- b~low, such pavin~ to con- Identification
~rityand validity ofthe pro- slstof the constnJ?llon of,an Crossing and bisected by
~irl9s. and contractlil in. adequate asphaltic weanng Weiderstein Road (approx-
I, 'q:in~on with liIuch im~ surface on an adequate imately 1,230 linear fe$t)
p~,mE!htSand pl'Qposed base,. the exact na~ure. of Widt~ From Back of Curb
astl88Sment&,orconceming such Imp~vements bel~g to Back of Curb
8I)y Inlllt~or thing connect- more particularly ~how,~ In 30 feet
'c;ld.therewith." th~ plan and SpecificatIOns Amount. to be Assessed
TtI8t~h1;ll;la~ng may be w .'ch willbe ~n file in the Against Property Owner
.cqntinUed from time to time office of the City Secretary 151,758.11
.~~id8.yto day until a fair of the City. . Amount to
.. . opportunity for hearing has ' Ill. City
".~'.fforded to all desiring The.streets and avenues or 14,450.51
,mco'" the special as- portions thereof to. be im" Total Cost
~$n:tentSor proceedings proved ~hin the Ii!'lits fi~ed 166,208.62
rellltit:lg . to the street im- by the City Council are IIst- Unit
,p:ro*~!!,ents,. I The . City ,e? ~elow as they ,have bee~ No. 1
,;~npil~allhavethe pow- ?Ivldedby the City COl,lncll Street or Avenue
'~~~;'a~d shall correct any ~nto separate ~nd distin~t King .Lane (60 feet of right-
~~;ir:lI:lccuracies, irregu- Impro~ement units. There IS of-way)
l~jiti~i,andlnvalidities. The ~~ed In connection with the Identification
, . 'Qit}i:Cquncil shall determine listing of each street' and Crossing and bisected by
': ,~e,aljlount of assessments a~e~ue or. ~rtion t~ereof Weiderstein Road (approx-
[), ,~t,~e~i'eetimprovements v:'lthln the I~ml~s herein de- imately 1,230Iinearfel;lt)
b'" ..' . lilnd all 9therincidental mat- fin~ constituting each im- 'Width FrQm Back of Curb
, , ,,' . nrl'\uorn.o.nt Ilnit tho .o.~tirn'ot_ 1ft aGo...... ft' ~llrh
BE REGEIVI:::U t-HUM
PROPOSED IMPROVE-
MENTS TO STREETS
AND AVENUES OR POR-
TIONS THEREOF WITHIN
THE CITY OF SCHERTZ,
TEXAS AND ON OTHER
MATTERS WITH REFER-
ENCE THERETO, WHICH
HEARING IS TO BE HELD
IN I THE CITY HALL OF
THE CITY OF SCHERTZ,
TEXAS BEGINNING AT
7:00 O'CLOCK P,M., ON
THE 18TH DAY OF JUNE,
1996.
TO ALL OWNERS AND
, TO
ALL PERSONS OWNING
OR CLAIMING ANY IN-
TEREST IN OR LIEN
UPON ANY PROPERTY
ABUTTING THE
STREETS
OR AVENUES OR POR-
TIONSTHEREOF OF
THE
CITY OF SCHERTZ,
TEXAS, HEREINAFTER
NAMED, WITHIN THE
LIMITS HEREINAFTER
SET FORTH, AND TO
ALL
OTHER INTERESTED
PARTIES AND TO THEIR
AGENTS AND ATTOR-
NEYS: ,
YOU ARE HEREBY NOTI-
FIED that the City Council of
the City of Schertz, Texas
(the "City"), has determined
the ne<:essity for and or-
deredthe improvement of
certain streets and avenues
or'portions thereof within an
area located within its City
limits, hereinafter more par-
ticularlydescribed, the na-
ture of which improvements
is hereinafter generally set
forth, th.at the City Council
has approved and adopted
the estimate, statement and
report of the City's Engineer
(the "Cost Estimate"), and
that the City Council has
taken otlier actions and had
other proceedings with ref-
erencetothe making of such
improvem$nts. all of which
proceediilgs are of record in
the. Minutes of the City
, Council;-and has by ordi-
riarTce ordered that a
h!ta(ih9:be held and notice
thereofaiven: NOW,
THEREFORE"
PURSUANT TO SAID
PRaGEEDINGS AND
SUCH>'0RDlNANCE, NO-
,,-!:Ei&HEREBY GIVEN:
}f'~:;,";>,'i
I:
street assessments before,
during or after the construe"
tion of the street improve-
ments, but no part of anY as-
sessment apainst abutting
property and the owners
thereof shall be made to 1
mature prior to acceptance
by the City of the improve-
ments for which the assess-
ment is levied, It shall 'not be
necessary to levy all of the
assessments at one time or
by a single ordinance, and
said hearing may be closed
as to each portion of i a
street and/or avenue
constituting a unit of
impfOvement (as such units
are designated below), after
a fair opportunity for h~aring
has been a~
forded to all desiring to con-
test the assessments pro-
posed to be levied against
the owners thereof and their
properties abutting on the
portion of each such street
and avenue constituting a
unit of improvement. The
City Council shall then have
the power to levy such as-
sessments against the abut-
ting properties and against
the owners thereof. No as-
sessment shall be 'Ievied .
against any abutting proper-
ties and the owners thereof
in excess of the special.ben-
efits to such properties and
their owners in the
enhanced value thereof by
means of suCh
improvements as de--
termined at such hearing. All
of such owners, claim~nts
and other interested parties,
their agents or attorneys, are
hereby referred for further
information to.the proceed"
ingswith.reference to such
improvements on file andlor
of record with the City Sec-
retary. of the City and par-
ticularly to the Cost Es-
timate, and to the proposed
assessment toll (which is a
part of the Cost Estimate)
, wherein. the exact amount
proposed to be assessed
against each abutting prop-
erty and the owner thereof
is set' forth. The Cost
Estimate . (including the
proposed assessment toll) 'is
on file in the office of the City
Secretary.
City
14,450.51,
Total Cost
166,208,62
The assessment rate shall
be $92,96 per linear foot of
residential frontage. As pro-
vidj:!d in Chapter 313, as
amended, Texas TranspOr-
tation Code. the abutting.
property owners' Shall not
pay more than all of the cost
elf constructing, reconstruct-
ing, repairing or realigning
curbs and gutters, plus 9/
1 Oths' of the actual costs of
the street improvements
and the City shall pay the re-
mainingcosts,
IV.
A more complete descrip-
tion of the street improve-
ments ordered to be made
and the area In which such'
improvements are to be
constructed is set forth in an
ordinance' adopted by the
City Council of the City on
the 21st day of May, 1996.,
and such ordinance is incor-
porated herein by reference.
Additional Information con-
cerning the proposed street
improvements may be ob-
tainedfrom the City Manag-
er.
This notice is issued by di-
rection of the City Council of
the City of Schertz, Texas,
this the 21st day of May,
1996.
DONE BY ORDINANCE
OF THE CITY COUNCIL
OF THE CITY OF
SCHERTZ, TEXAS, IN
WITNESS WHEREOF WE
HAVE HEREUNTO SET
OUT HANDS AND THE
SEAL OF THE CITY ON
THIS, THE 21ST DAY OF
MAY, 1996.
CITY OF SCHERTZ,
TEXAS .
Hal Baldwin,
Mayor
ATTEST:
Norma Althouse,
City Secretary
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ANNOUNCEMENTS
r~
11 0 Legal Notices
CITY OF SCHERTZ
NOTICE OF HEARING ON
SPECIAL BENEFITS TO
BE RECEIVED FROM
PROPOSED IMPROVE-
MENTS TO STREETS
AND AVENUES OR POR-
TIONS THEREOF WITHIN
THE CITY OF SCHERTZ,
TEXAS AND ON OTHER
MATTERS WITH REFER-
ENCE THERETO, WHICH
HEARING IS TO BE HELD
IN THE CITY HALL OF
THE CITY OF SCHERTZ,
TEXAS BEGINNING AT
7:00 O'CLOCK P.M., ON
THE 18TH DAY OF JUNE,
1996,'
TO ALL OWNERS AND
TO
All PERSONS OWNING
OR CLAIMING ANY IN-
TEREST IN OR LIEN
UPON ANY PROPERTY
ABUTTING THE
STREETS
OR AVENUES OR POR-
TIONS THEREOF OF
THE
CITY OF SCHERTZ,
TEXAS, HEREINAFTER
NAMED, WITHIN THE
LIMITS HEREINAFTER
SET FORTH, AND TO
All
(
11 0 Legal Notices
OTHER INT.J=RESTED
PARtiES AND TO THEIR
AGENTS AND ATTOR-
NEYS:
YOU ARE HEREBY NOTI-
FIED that the City Council of
the City of Schertz, Texas
(the "City"), has determined
the necessity for and or-
dered the improvement of
certain streets and avenues
or portions thereof within an
area located within its City
limits, hereinafter more par-
ticularly described, the na~
ture of which improvements
is hereinafter generally set
forth, that the City Council
has approved and adopted
the estimate, statement and
report of the City's Engineer
(the "Cost Estimate"), and
that the City Council has
taken other actions and had
other proceedings with ref-
erence to the making of such
improvements, all of which
proceedings are of record in
the Minutes of the City
Council, and has by ordi-
nance ,ordered that a
hearing be held and notice
thereof given; NOW,
THEREFORE,
PURSUANT TO SAID
PROCEEDINGS AND
SUCH ORDINANCE, NO-
TICE IS HEREBY GIVEN:
I. ,
That a hearing shall be
given to the above
A\
~,
designated and
described persons and par-
ties and to all other such
persons and parties inter-
ested in any of such proper-
ties, including their agents
and attorneys, before the
City Council of the City of
Schertz, Texas, which hear-
ing shall begin on the 18th
day of June, 1996, at 7:00
o'clock P,M" and shall be
held in the City Hall of the
City, at which hearing all of
the owners and other inter-
ested parties, their agents
and attorneys, shall have the
right to be heard on any
matter as to which a hearing
is a constitutional prerequi-
site to the validity of any as-
sessment sought to be im-
posed, and to contest the
amounts of the proposed as-
sessments, the lien and li-
ability thereof, and the spe-
cial benefits to the abutting
properties and the owners
thereof from the proposed
street improvements, the
accuracy, sufficiency; regu-
larity and validity of the pro-
ceedings and contracts in
connection with such im-
provements and proposed
assessments, or concerning
any matter or thing connect-
ed therewith,
That such hearing may be
continued from time to time
and day to day until a fair
\
'X}
'~j(>~ti
11 0 Legal Notices
opportunity for hearing has
been afforded to all desiring
to contest the special as-
sessments or proceedings
relating to the street im-
provemlmts. The City
Council shall have the pow-
er to and shall correct any
errors, inaccuracies, irregu-
larities, and invalidities, The
City Council shall determine
the amount of assessments
for the street improvements
and all other incidental mat-
ters and shail have the pow-
er by ordinance to close
such hearing, and by the
same or by a later .ordinance
or ordinances to levy such
street assessments before,
during or after the construc-
tion of the street improve-
ments, but no part of any as-
sessment . against abutting
property and the owners
ihereof shall be made to
mature prior to acceptance
by the City of the improve-
ments tor which the assess-
ment is levied, It shall not be
necessary to levy all of the
assessments,at one time or
by a single ordinance, and
said hearing may be closed
as to each portion of a
street and/or avenue
constituting a unit of
improvement (as such units
are designated below), after
a fair opportunity for hearing
has been afforded to all
~;
11 0 Legal Nol1ces
desiring to \ contest the Estimate (including the
assessments proposed to be proposed assessment toll) is
levied against the owners 1'dn..fi1e inothe office of the City
thereof and their Secretary.
properties al:1utting on the
portion of eabh such street
and avenue constituting a
unit of improvement. The
City Council shall then have
the power to levy such as-
sessments against the abut-
ting properties and against
the owners thereof, No as-
sessment srfall be levied
against any abutting proper-
ties and the owners thereof
in excess of t~e special ben-
efits to such properties and
their owners in the
enhanced value thereof by
means of such
improvements as de-
termined at such hearing, All
of such owners, claimants
and other interested parties,
their agents or attorneys, are
hereby' referred for further
information to the proceed-
Ings with reference to such
. improvements on file and/or
of record with'the City Sec-
retary of the City and par-
ticularly to the Cost Es-
timate, and to the proposed
assessment toll (which is a
part of the Cost Estimate)
wherein the exact amount
proposed to, be assessed
against each abutting prop-
erty and the owner thereof
is set forth. The Cost
II.
The nature of the improve-
ments for which assess-
ments are proposed to be
levied and to which this no-
tice relates is the filling,
grading, raising, paving or
repaving of the streets and
avenues or portions thereof
in a permanent manner,
and by the construction or re-
construction and the realign-
ing of curbs and gutters
where there are no existing
curbs and gutters which
can be utilizlld in whole or in
part in the opinion of the City
Engineer and by
reconstructing and
realigning existing curbs
and gutters which can be
utilized in whole or in part in
the opinion of the City En-
gineer, and by the construc-
tion of such of her necessary
incidentals and appurte-
nances as the City's En-
gineer has found to be nec-
essary or advisable, all as
shown by the plans and
specifications of the City's
Engineer, and by widening
where necessary so as to
attain the paved width from
back of curb which is set out
below, such paving to con-
sist of the construction of an
11 0 Legal Notices
adequate asphahic wearing
surface on an adequate
base, the exact nature of
such improvements being
more particularly shown in
the plan and specifications
which will be on file in the
office of the City Secretary
of the City.
III.
The streets and avenues or
portions thereof to be im- .
proved within the limits fixed
by the City Council are list-
ed below as they have been
divided by the City Council
into separate and distinct
improvement units. There is
stated in connection with the
listing of each street and
avenue or portion thereof
within the limits herein de-
fined constituting each im-
provement unit the estimat-
ed amount or amounts per
front foot to be assessed
against the owner or owners
thereof and against such
properties, and the estimat-
edtotal cost of the improve-
ments as to each improve-
ment unit:
There is included in the esti-
mated amount to be as-
sessed against abutting
properties and the owners
thereof a proportionate part
of all costs incidental to the
construction of the improve-
ments.
The designation of such
;!
11 0 Legal Notices
streets amt'avenues>or por-
tions thereof and such other
information as follows:
Unit
No, 1
Street or Avenue
Weiderstein Road (60 feet of
right-of-way)
Identification
From Schertz Parkway to
within 120 feet of Jupe Lane
(approximately 1,650 linear
feet)
Width From Back of Curb
to Back of Curb
44 feet
Amount to be Assessed
Against Property Owner
$328,803.67
Amount to be Paid by
City
$31,308,91
Total Cost
$360,112,58
Unit
No, 1
Street or Avenue
O'Dell Lane (60 feet of right-
of-way)
Identification
Crossing and bisected by
Weiderstein Road' (approx-
imately 1,230 linear feet)
Width From Back of Curb
to Back of Curb
30 feet
Amount to be Assessed
Against Property Owner
, 151,758.11
Amount to be Paid I>>Y
City
14,450.51
Total Cost
11 0 Legal Notices
166,208.62
Unit
No.1
Street or Avenue
Nile Lane (60 feet of right-
of-way)
Identification
Crossing and bisected by
WeidersteinRoad (approx-
imately 1,230 linear feet)
Width From Back of Curb
to Back of Curb
30 feet
Amount to be Assessed
Against Property Owner
151,758.11
Amount to be' Paid by
City
14,450,51
Total Cost
166,208.62
Unit
No.1
Street or Avenue
Mora Lane (60 feet of right-
of-way)
Identification
Crossing and bisected by
Weiderstein Road (approx-
imately 1,230 linear feet)
Width From Back of Curb
to Back of Curb
30 feet
Amount to be Assessed
Against Property Owner
151,758,11
Amount to be Paid by
City
14,450.51
Total Cost
166,208.62
Unit
No.1
f',