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96-M-13 Street Improvements ORDINANCE NO. f6-/Il-/3 DECLARING AND DETERMINING THE NECESSITY FOR THE IMPROVEMENT OF CERTAIN STREETS AND AVENUES, OR PORTIONS THEREOF, WITHIN THE CITY OF SCHERTZ, TEXAS AND ORDERING THE CONSTRUCTION OF THESE IMPROVEMENTS IN THE MANNER, TO THE EXTENT, AND WITHIN THE LIMITS AND IN THE AREA HEREIN SET FORTH AND HEREINAFTER DEFINED; INVOKING THE POWERS AND PROCEDURES PROVIDED BY AND ADOPTING THE PROVISIONS OF CHAPTER 313, AS AMENDED, TEXAS TRANSPORTATION CODE; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID; PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COST AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF AND FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTS; PROVIDING FOR THE TERMS OR PAYMENT OF SUCH ASSESSMENTS; DIRECTING THE CITY'S ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO PREPARE AND FILE NOTICE OF THE ENACTMENT OF THIS ORDINANCE; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY WHEREAS, the City of Schertz, Texas (the City) is a duly incorporated home rule city operating pursuant to the laws of the State of Texas and its duly adopted home rule charter (the Charter); WHEREAS, the City has a population, as of the date hereof, in accordance with the most recent federal decennial census, greater than 1,000, but less than 285,000; WHEREAS, the City is duly empowered to construct permanent street and paving improvements (the Improvements) and to make assessments for the payment thereof in accordance with the provisions of Section 2.01 of the Charter and Chapter 313, as amended, Texas Transportation Code (the Act); WHEREAS, the assessment or charges to be used by the City for the Improvements are to be made against property and the owners thereof and all of the property that will be assessed is located in the City limits; WHEREAS, the City Council (the Council) of the City hereby finds and determines that the construction of the Improvements will confer a substantial benefit to the residents and property owners located in a subdivision or tracts of land located within the City limits, namely the Live Oak Hills Subdivision (the Benefitted Area); 0212760,02 WHEREAS, the Council hereby finds and determines that the Improvements will constitute an Improvement as defined in Section 313.001 of the Act; WHEREAS, the Council hereby finds and determines that it is empowered to order the construction of the Improvements and to contract with various contractors and other vendors to make these Improvements; WHEREAS, the Council hereby finds and determines that the assessment plan may assess a special tax or assessment against a railway, street railway, or interurban right-of-way to defray a portion of the costs associated with constructing the Improvements; and WHEREAS, the Council hereby finds and determines that, in accordance with the provisions of the Charter and the Act, the Improvements to the Benefitted Area are necessary and the adoption of this Ordinance as an emergency measure is in the best interest of the residents and property owners of the Benefitted Area and the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. A public necessity exists requiring that the Improvements be made to the Benefitted Area. Attached as Exhibit A hereto and incorporated by reference for all purposes are the streets and avenues, or portions thereof, within the City limits constituting the Benefitted Area. The Benefitted Area is hereby divided into separate and distinct units all as described in Exhibit A. Section 2. It is hereby ordered that the streets or avenues, or portions thereof, as described in Exhibit A hereto, within the limits therein described, shall be improved by filling, grading, raising, and paving or permanently repairing or repaving the same and/or by constructing curbs and gutters or machine-formed curbs where there are no existing curbs and gutters and, where necessary, by reconstructing and realigning curbs and gutters; and by widening such streets or avenues or portions thereof where necessary, so as to attain a paved width from back of curb to back of curb as set forth in Exhibit A hereto; and by constructing necessary and proper appurtenances and incidentals to such improvements, including drains and culverts. This paving is to consist of the construction of an adequate concrete or asphaltic wearing surface on adequate base, which base and surface, as well as all of such other improvements to be made, shall be of such nature and type of construction in each particular unit of improvement as will be shown in the plans and specifications prepared or approved by the City's Engineer, which plans and specifications shall be subject to the approval of the Council. Section 3. The Council has determined that the construction of the Improvements is now necessary to protect the health, safety, and welfare of the citizens 0212760,02 -2- of the Benefitted Area. The contemplated Improvements to the Benefitted Area are found to be necessary and are ordered by the Council to be made. The aforementioned Improvements are established pursuant to the provisions of Section 313.003 of the Act and shall be subject to revision all in accordance with the final plans and specifications prepared by the City's engineer, including the cost estimates of the Improvements, as directed by the Council pursuant to the provisions of this Ordinance. Section 4. The Council requests that the City Engineer immediately prepare, or cause to be prepared and reviewed and monitored by the City Engineer, plans and specifications, including cost estimates, for the Improvements within the Benefitted Area and to submit this information to the Council at the earliest practical date. Section 5. In providing for the making of the Improvements within the Benefitted Area hereby ordered, the Council deems it advisable and hereby elects and determines to proceed under and by the exercise of the powers, terms, and provisions contained in the Act, which is hereby adopted by the Council for the purposes necessary or incidental to the construction of the Improvements and to the levying of special assessments for the property owners' portion of the cost of such Improvements as hereinafter delineated. as follows: Section 6. The cost of the Improvements in all instances shall be paid for (a) Not more than 9/10 of the estimated cost of the Improvements (shown separately for each unit in the Benefitted Area) may be apportioned or assessed against the lots or tracts in accordance with the Front Foot Plan or Rule (except as otherwise herein provided in section 8) not exceeding all of the cost of construction and reconstruction of the Improvements, including the expense of engineer, attorneys and other expense incident to the construction of such Improvements. (b) The City shall pay all of the remainder of the cost of the Improvements after deducting the amount herein specified to be assessed against all the abutting or benefitted properties and the real and true owners thereof, all as set out in sub-paragraph (a) hereof. (c) There is included within the meaning of the term "cost" or "cost of improvements" or "cost of the remaining improvements," when such terms are used herein, the engineering fees, attorney fees, and all other costs and expenses incident to the construction of the Improvements. Section 7. The amounts payable by the abutting or benefitted properties and by the real and true owners thereof and assessed against such properties and the 0212760.02 -3- real and true owners thereof shall constitute a personal liability of the real and true owners of such property and shall be secured by a first and prior lien upon such property, which lien shall be prior to all other liens and claims except those securing the payment of any State, City, School District, and County ad valorem taxes; and shall be payable as follows: When the Improvements have been completed and have been accepted by the City by ordinance, in or as a particular unit, all within the Benefitted Area, the amount payable by or assessed against the abutting or benefitted properties and against the real and true owners thereof shall become due in three (3) equal (or as nearly equal as possible) installments as follows: The first of the 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 and the remaining two (2) 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 at the rate of eight percent (8%) per annum, 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). Both past due principal and interest shall bear interest at the rate as permitted 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 such certificate shall be and become immediately due and payable, together with reasonable attorney's fees and court costs, if incurred. Section 8. No assessment shall in any case be made against any abutting or benefitted properties or the real and true owner or owners thereof in excess of the special benefits to accrue to such property in the enhanced value thereof resulting from the Improvements. If the application of the Front Foot Rule or Plan, in the opinion of the Council, in particular cases results in injustices or inequity, such cost shall be apportioned and assessed against all owners in a just and equitable manner as determined by the Council, having in view the special benefits in enhanced value to be received by such parcels of property and the owners thereof and the equities of such owners and the adjustments of such apportionment so as to produce a substantial equality of benefit received and burdens imposed. Section 9. In levying and making the special assessments, if the name of the owner is unknown, it shall be sufficient to so state this fact; and if the property is owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of any owner, but the real and true owners of the property assessed shall be liable and the assessment against the property shall be valid, whether or not such owner is correctly named. 0212760,02 -4- Assessments against several parcels of property may be made in one assessment when owned by the same person, firm, corporation, or estate, and property owned jointly by one or more persons, firms, or corporations may be assessed jointly. It is hereby further provided that such Improvements and the assessments levied therefor in anyone unit are not related to or connected with the improvements and assessments in any other subdivision of the Benefitted Area; and in levying the assessments, the amount so assessed, and the validity of such assessments in anyone of such subdivisions shall not be affected by the fact or matter connected with the improvements or the assessments therefor in any other subdivision; and the omission of part or all of the Improvements in any subdivision shall not affect or impair the Improvements, or the validity of, the assessments therefor in any particular subdivision or parcels of property upon which a valid assessment lien may not be levied shall not affect or impair the validity of the assessment against the other abutting properties in such subdivision. Section 10. The City does not guarantee the collection of the assessments levied against the owners of abutting or benefitted properties, but will exercise and exhaust all of its lawful powers to aid in enforcing collection of the special assessments. Section 11. On direction of the City Attorney, the City Secretary is hereby directed to file a notice of enactment of this ordinance in the Real Property Records of Guadalupe County, Texas. Section 12. The Council represents that all of the Improvements shall be located only in lawfully dedicated streets, alleys, and rights-of-way. 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 Council. Section 14. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision 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 ordained 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 Council hereby declares that this Ordinance would have been enacted without such invalid provision. 0212760.02 -5- 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 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.] 0212760.02 -6- PASSED, ADOPTED AND APPROVED on this the 7th day of May, 1996. CI~RTZ' TEXAS -~ Mayor ATTEST: ~~~~ City Secretary (CITY SEAL) 0212760,02 -7- EXHIBIT A Width From Back of Curb to Unit Street or Avenue Identification Back of Curb No.1 Weiderstein Road (60 From Schertz Parkway to 44 feet feet of right-of-way) within 120 feet of Jupe Lane (approximately 1,650 linear feet) No.1 O'Dell Lane (60 feet Crossing and bisected by 30 feet of right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 Nile Lane (60 feet of Crossing and bisected by 30 feet right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 Mora Lane (60 feet of Crossing and bisected by 30 feet right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 Lyric Lane (60 feet of Crossing and bisected by 30 feet right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 King Lane (60 feet of Crossing and bisected by 30 feet right-of-way) Weiderstein Road (approximately 1,230 linear feet) 0212760.02 -8- '~ CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS ~ ~ COUNTIES OF GUADALUPE, ~ COMAL, AND BEXAR ~ ~ CITY OF SCHERTZ ~ THE UNDERSIGNED HEREBY CERTIFIES that: 1. On the 7th day of May, 1996, the City Council (the Council) of the City of Schertz, Texas (the City) convened in regular session at its regular meeting place in the City Hall of the City (the Meeting), the duly constituted members of the Council being as follows: Hal Baldwin Timothy Swinney Charles McDonald Joe Potema Earl Sawyer Kenneth Greenwald /Vltm.>R. f iio -r iE/Y1 and all of such persons were present at the Meeting, except the following: , thus constituting a quorum. Among other business considered at the Meeting, the attached ordinance (the Ordinance) entitled: Mayor ~41(!e:: f:.' 1- Mayer Pro Tom, aee po. . 4 Councilmember, Place No.1 Councilmember, Place No.2 Councilmember, Place No.3 Councilmember, Place No.5 DECLARING AND DETERMINING THE NECESSITY FOR THE IMPROVEMENT OF CERTAIN STREETS AND AVENUES, OR PORTIONS THEREOF., WITHIN THE CITY OF SCHERTZ, TEXAS AND ORDERING THE CONSTRUCTION OF THESE IMPROVEMENTS IN THE MANNER, TO THE EXTENT, AND WITHIN THE LIMITS AND IN THE AREA HEREIN SET FORTH AND HEREINAFTER DEFINED; INVOKING THE POWERS AND PROCEDURES PROVIDED BY AND ADOPTING THE PROVISIONS OF CHAPTER 313, AS AMENDED, TEXAS TRANSPORTATION CODE; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID; PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COST AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF AND FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTS; PROVIDING FOR THE TERMS OR PAYMENT OF SUCH ASSESSMENTS; DIRECTING THE CITY'S ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR THE PROPOSED 0218440 f"" .. IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO PREPARE AND FILE NOTICE OF THE ENACTMENT OF THIS ORDINANCE; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY was introduced and submitted to the Council for passage and adoption as an emergency measure in accordance with the provisions of the City's Home Rule Charter. Mter presentation and du~ consideration of the Ordinance, a motion was made by Councilmember /fEN RtbJtJ,'AL]J that the O.J"dinance be finally passed and adopted. The motion was seconded by Councilmember(;IIAlJ..~5 !l1e..D:AiA'/.-j) and carried by the following vote: 5 voted "For" 0 voted "Against" 0 abstained all as shown in the official Minutes of the Council for the Meeting. 2. The attached Ordinance is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council of the City on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Council was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Ordinance would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Ordinance, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code. IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the City, this 7th day of May, 1996. ~~ aw~ City Secretary City of Schertz, Texas (CITY SEAL) 0213440 -2- PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, Al. fl, 9t---(J1-/3 ()Me ) .' ~'~~".~.v;U ~~~/;;t ~;b~ Before me, the undersigned authority, on this date personally appeared L. A. REYNOLDS . ...... County of Guadalupe 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: MAY 12, 1996 MAY 16, 1996 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this 20th day of MAY A.D., 19 96 . "...~~~(>.1 f~/*l'''''''",''\~\ MARGARET L CLARKSON ~ . : -; . ~ No\ily PublIC, State of Texas \ \ ) ; My Commission Expin!s Jan, 14,1998 ,,~>.. ./tof ~~:~'OF'~~";': \ """"""""",,- \ IY\n~,,-,-,-* of (' ~ Notary Public, Guadalupe County, Texas 11 0 Legal Notices ORDINANCE NO. 96-M-13 DECLARING AND DE- TERMINING THE NE- CESSITY FOR THE IM- PROVEMENT OF CER- TAIN' STREETS AND AVENUES, OR PORTIONS THEREOF, WITHIN THE CITY OF SCHERTZ, TEXAS AND ORDERING THE CONSTRUCTION OF THESE IMPROVEMENTS IN THE MANNER, TO THE EXTENT. AND WITHIN THE LIMITS AND IN THE AREA HEREIN SET FORTH AND HEREINAF- TER DEFINED; INVOKING THE POWERS AND PRO- CEDURES PROVIDED BY AND ADOPTING THE PROVISIONS OF CHAPT- ER 313, AS AMENDED, TEXAS TRANSPORT A- TION CODE; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IM- PROVEMENT SHALL BE PAID; PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH 'COST AGAINST THE ABUTTING ,PROPERTY AND THE OWNERS THEREOF AND FOR THE FIXING OF A LIEN TO SE- CURE THE PAYMENT OF SUCH ASSESSMENTS; PROVIDING FOR THE TERMS OR PAYMENT OF SUCH ASSESSMENTS; DIRECTING THE CITY'S ENGINEER TO PREPARE PLANS AND SPECIFICA- TIONS FOR THE PRO- POSED IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO PRE. PARE AND FILE NOTICE OF THE ENACTMENT OF THIS ,ORDINANCE; ENACTING PROVISIONS INCIDENT AND RELAT- ING TO THE SUBJECT; AND DECLARING AN EMERGENCY, Passed, Approved and Adopted the 7th day of May, 1996, Norma Althouse, City Secretary .. ,/ ORDINANCE NO. 96-M-13 DECLARING' AND DE- TERMINING THE NE- CESSITYFOR THE IM- PROVEMENJ; 'OF"CER" T AIN 'STRI:ETS":>\ND AVENUES OR PORTIONS THEREOF. WITHIN THE CITY ,OF SOHERTZ. TEXAS ANPORPERI\IlG tHE CONSTRUCTION OF THESE IMPROVEMENTS IN THE MANNER. TO THE EXTENT. AND WITHIN ,THE LIMITS AND IN THE AREA, ,HFREIN ,SET 'FORTH AND, HEREINAF- TER DEFINED; INVOKING THE POWERS ,AND PRO- CEDURES PROVIDED BY AND ADOPTING, THE PR0VISIONSOF CHAPT- ER313;,AS AMENDED, TEXASTRANSPORTA- liON CODE; PROVIDING THE MANNER IN WHICH ANOBY, WHOM ,THE COST OF SUCH, IM- PROVE~ENT SHALL BE 'PAID,PROVIDING FOR tHE ASSESSMENJ OF A PORTION OF ,S~H' COSTAGAlNSTTflE ABUTTING' PROPERTY ANO:rHEOWNER'S THE~FAND FOR THE FIXiNe'Of:'A LlENTO SE- 'CURETHE PAYMENT OF SUCH ASSESSMEr:tI"S;, PROVIDING FOR" THE TERMS OR PAYMENTOF SUCH ASSESSMENTS; DIRECTING T~E, CrDl',S --....:..:.~ ., ~G EER TO PREPARE TIONS :~D SPECIFICA- POSEDIM R THE PRO- , D'RECTlN~Rc;.~EEMENTS; SECRETARY TO ,CITY PARE AND FILE '. PRE- 0F THE'ENAC . NOTICE THIS ' TMENT OF E ' ,ORDINANCE' IN~~g~~:N~OVR'S'ONS ING TO ELAT- AN ' THE SUBJECT' , 0 DECLARING' . EMERGENCY' AN P , . ,assed. Approved Adopted' , and ,the 7th day of M 1996. ' ay, NOrma Althouse City Secretary .