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96-M-15 Street Improvements r// . , .. r~ . , . {bIAlA-#~E ;110. ft-/J1-/j CONSIDERATION AND APPROVAL OF AN ORDINANCE APPROVING AND ADOPTING THE ESTIMATE, STATEMENT AND REPORT PREPARED BY OR APPROVED BY THE CITY'S ENGINEER WITH REFERENCE TO THE IMPROVEMENT OF CERTAIN STREETS AND AVENUES OR PORTIONS THEREOF IN THE CITY OF SCHERTZ, TEXAS; DETERMINING THE TYPE OF IMPROVEMENTS TO BE MADE AND THE ESTIMATED COSTS TO BE ASSESSED PER FRONT FOOT AGAINST THE OWNERS OF THE BENEFITTED PROPERTIES AND THEIR PROPERTIES; THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS AND THE ESTIMATED AMOUNT OF THE TOTAL COSTS OF THE IMPROVEMENTS WHICH IT IS PROPOSED SHALL BE PAID BY THE CITY AND THE ESTIMATED AMOUNT OF THE TOTAL COSTS OF THE IMPROVEMENTS WHICH IT IS PROPOSED SHALL BE ASSESSED AGAINST THE BENEFITTED PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE MANNER AND TERMS OF PAYMENT OF THE PROPOSED ASSESSMENTS; ORDERING THAT A HEARING SHALL BE GIVEN TO THE OWNERS AND TO ALL PERSONS OWNING OR CLAIMING AN INTEREST IN OR LIEN UPON ANY PROPERTY ABUTTING THE STREETS AND AVENUES OR PORTIONS THEREOF TO BE IMPROVED, AND TO ALL OTHER INTERESTED PARTIES AND TO THEIR AGENTS AND ATTORNEYS; FIXING THE TIME AND PLACE FOR SUCH HEARING; DIRECTING THE MAYOR AND CITY SECRETARY TO GIVE NOTICE OF SAID HEARING; SPECIFYING THE TYPE OF AND THE MANNER IN WHICH SUCH NOTICE SHALL BE GIVEN; MAKING OTHER FINDINGS AND ENACTING OTHER PROVISIONS INCIDENT AND RELATING TO THE SUBJECT;AND PROVIDING THAT SHOULD ANY SECTION OF OR PART OF ANY SECTION OF THIS ORDINANCE BE HELD VOID, THE REMAINING PORTIONS SHALL NOT BE AFFECTED; AND DECLARING AN EMERGENCY WHEREAS, by Ordinance No. 96-M-13 duly passed and approved on the 7th day of May, 1996, the City Council of the City of Schertz, Texas (the City), ordered the improvement in the manner therein designated of certain streets and avenues or portions thereof in the City, such improvements having been divided into separate and distinct improvement units; and WHEREAS, the City Council of the City in such ordinance invoked the powers of and the procedure provided by and adopted the provisions of Chapter 313, as amended, Texas Transportation Code (the Act) and Section 2.01 of the City's Home Rule Charter; and WHEREAS, notice of the enactment of the ordinance signed in the name of the City by its City Secretary, identifying or designating the streets and avenues or portions thereof to be so improved, as ordered by the ordinance, and stating that a portion of the cost of such improvements is to be specially assessed as a lien against the property disclosed in the ordinance (the Benefitted Properties) or portions thereof 0214840,04 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 Council has caused the City's Engineer to prepare, or to review and approve, and file estimates of the costs of the improvements in each unit, the City's share of such costs, 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 against the Benefitted Properties to be improved and against the real and true owners thereof (the Cost Estimate); and WHEREAS, the City Council finds that such estimates in each unit of the Cost Estimate appear 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 the properties abutting the streets and avenues or portions thereof to be improved and against the owners thereof are all made in conformity with the provisions of this ordinance (the Ordinance) and in conformity with the prior ordinance 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 injust and equitable assessments and that the assessments proposed to be levied against the properties abutting the streets and avenues or portions thereof to be improved are to be apportioned between such properties and the owners thereof substantially in accordance with the front foot plan or rule; and WHEREAS, the City Council hereby finds and determines that the adoption of this Ordinance as an emergency measure and that these actions are in the best interests of the citizens of the City and the owners of the Benefitted Properties, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1: The Cost Estimate (attached hereto as Exhibit "A"), having been received and examined by the City Council of the City, is hereby in all things approved and adopted, and such Cost Estimate and the method of arriving at the determinations and findings therein contained are hereby approved. SECTION 2: It is found and determined that the type of improvements to be made in each improvement unit, the estimated amount per front foot proposed to be assessed in each unit against the owner or owners of properties abutting each street and avenue or portion thereof to be improved, and against their properties, the estimated total cost of such improvements in each unit, the estimated amount of the total cost of the improvements in each unit which it is proposed shall be paid by the City and the estimated amount of the total cost of said improvement in each unit which it is proposed shall be assessed against the properties abutting the streets and avenues or portions thereof and against the real and true owners thereof, are all 0214840.04 -2- correctly stated and computed, or have been reviewed and verified, by the City's Engineer in his report and estimates, and should be adopted as the basis for levying the assessments for such street and avenue improvements, except as otherwise herein provided. SECTION 3: It is further determined that the amount proposed to be assessed in each unit against the owners of property abutting the streets and avenues or portions thereof to be improved, and against such abutting properties, will be not more than the total cost of constructing, reconstructing, repairing or realigning curbs and gutters plus nine-tenths (9/10) of the estimated cost of the remainder of the improvements, including the cost of engineering and other expenses incident to the construction of such improvements. SECTION 4: The amounts payable by and assessed against the abutting properties and the real and true owners thereof shall constitute a personal liability of the real and true owners of each of such abutting properties, and shall be secured by a first and prior lien upon each of such properties, which lien shall be prior to all other liens and claims except for State, County, City, and School District ad valorem taxes, which lien may be enforced either by sale of these respective properties in the manner provided by law for the collection of ad valorem taxes by the City or by suit in any court having jurisdiction; and all such assessments shall be payable as follows: When the improvements have been completed and have been accepted by the City by ordinance in or as to a particular unit, as such units are defined in the Ordinance, passed and approved by the City Council of the City on May 7, 1996, the amounts payable by or assessed against the properties abutting on the street and avenue or portion thereof in such unit and against the real and true owners thereof shall be and become due in three (3) equal (or as nearly equal as possible) installments payable in Schertz, Texas, as follows: The first of the installments shall be due and payable on or before ten (10) days after 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, after 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 in the unit in which the street or avenue or portion thereof abutted by the property assessed 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). Matured principal and interest shall bear interest at the rate of eight percent (8%) per annum. 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 0214840.04 -3- 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 5: No assessment shall in any case be made against any abutting property 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 such improvements. If the application of the front foot plan or rule would in the opinion of the City Council in particular cases result in injustice or irregularity, the costs of the improvements in such cases shall be apportioned and assessed against such abutting properties and the owners thereof, in ajust and equitable manner, as ordered by the City 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 benefits received and burdens imposed. If, upon completion and acceptance of the improvements in a particular unit, it shall appear that the actual costs of the improvements in a particular unit are substantially different from the estimated costs, as to one or more abutting properties, due to a discrepancy in lineal or front footage or to other error, the ordinance levying the assessments shall be amended in order to correct such error, provided that in no event shall any assessment be amended to increase such assessment against abutting properties above the amount of the costs per front foot shown on the City's Engineer's approved estimate. SECTION 6: In the levying and making of such 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. Assessments against several parcels within the same unit 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 in any other unit, and in levying such assessments, the amount so assessed, and the validity of such assessments in anyone of said units, shall not be in any wise affected by the fact or matter connected with the improvements or the assessments therefor in any other unit; and the omission of part or all of the improvements in any unit shall not affect or impair the improvements or the validity of the assessments therefor in any other unit. Further, the omission of such improvements in any particular unit upon which a valid assessment lien may not be levied shall not affect or impair the validity of the assessments against the other abutting properties in such unit. SECTION 7: The City does not guarantee the collection of the assessments levied against the owners of the abutting properties and their properties, but will exercise and exhaust all of its lawful powers to aid in enforcing collection and will hold for the contractor or other person holding the certificates of special assessment, or their assigns, any sums collected between the date of the acceptance 0214840.04 -4- . . of the improvements and the date of delivery of the certificates of special assessment to the contractor or such other person or their assigns, as well as any sums which may be thereafter paid to the City as payment on, or of, such assessments. SECTION 8: A hearing shall be given to the owners and to all persons owning or claiming an interest in or lien upon any property abutting the streets and avenues or portions thereof within the limits herein defined, and to all other interested parties and to their agents and attorneys before the City Council of the City, which hearing shall begin on the 18th day of June, 1996 at 7:00 p.m. and shall be held at the City Hall of the City. At this hearing all of said owners of abutting properties and all persons owning or claiming an interest in or lien upon same, and all other interested parties and their agents and attorneys, shall have the right to be heard on any matter as to which hearing is a constitutional prerequisite to the validity of any assessment sought to be imposed and to contest the amounts of the proposed assessments and/or liens and the liability therefor, the special benefits to the abutting properties and the owners thereof by means of the improvements for which assessments are to be levied, the accuracy, sufficiency, regularity and validity of the proceedings and contract in connection with such improvements and proposed assessments and/or concerning any matter or thing connected therewith. This hearing may be continued from time to time and day to day until a fair opportunity for hearing has been afforded to all desiring to contest the assessments or proceedings and the City Council of the City shall have the power to and shall correct any errors, inaccuracies, irregularities and invalidities, and shall have power to and shall supply any deficiency and shall have power to and shall determine the amounts of the assessments and all other matters necessary and shall have power by ordinance to close such hearing and by the same or by a later ordinance to levy such assessments, but no part of any assessment shall be made to mature prior to acceptance by the City of the improvements to the streets and avenues or portions thereof for which the assessment is levied. It shall not be necessary to levy all of such assessments at one time or by a single ordinance, but the hearing may be closed as to each portion of a street and avenue constituting a unit of improvement as set out above, after a fair opportunity for hearing has been afforded to all desiring to contest the assessments proposed to be levied for the improvements in such unit, and the City Council of the City shall then have the power to levy such assessments against the property abutting on each portion of such street and avenues within each unit and against the owners thereof by the same or by a later ordinance or ordinances. SECTION 9: The City Secretary is hereby instructed to give notice of the fact that the meeting of the City Council has been called for June 18, 1996 to all members thereof, if any, who are not present at the meeting at which this Ordinance is passed. 0214840,04 -5- . , SECTION 10: The Mayor and City Secretary of the City are hereby ordered and directed to give notice of the hearing to all owners and to all persons owning or claiming any interest in or lien upon any property abutting the streets, and avenues or portions thereof to be improved within the limits herein designated, and to all other interested parties and to their agents and attorneys by advertisement inserted at least three (3) times in a newspaper published and of general circulation in the City, the first publication to be made at least twenty-one (21) days before the day of such hearing. Such notice shall state the time and place at which such hearing shall be held, and shall describe in general terms the nature of the improvements to be made in each such unit for which assessments are proposed to be levied and to which such notice relates, and shall describe the streets and avenues of portions thereof to be improved in each separate unit of improvements and shall state the estimated amount or amounts per front foot proposed to be assessed against the owner or owners of properties abutting on each such street and avenue or portion thereof to be improved and against such properties, and shall state the estimated total cost of the improvements on each street and avenue or portion thereof to be improved constituting a separate unit of improvements. It shall not be necessary to include in this notice the names of the owners of properties thereof to be improved, nor a specific description of specific lots or tracts. The City Secretary shall give additional written notice of the hearing by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such street and avenue or portion thereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City and at the addresses so shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City at the addresses shown thereon. The notice, which shall be published and mailed as above set out, shall be substantially in the form attached hereto as Exhibit liB". SECTION 11: Following such hearing, as above provided, and before, during or after the construction of such improvements, an assessment or assessments will be levied against such properties abutting the streets and avenues or portions thereof at the date the improvements were ordered, whether correctly named or not, for that portion of the cost of the improvements in each unit which the City Council determines to be payable by Benefitted Properties and the real and true owners thereof. No error or mistake in attempting to name any such owner, or in describing any of said property, shall invalidate any assessment or certificate issued in evidence thereof. SECTION 12: In accordance with the Act, the City's Engineer, based upon the Cost Estimate, will prepare, or review and approve, plans and specifications for the proposed improvements and the City Council shall specifically approve any 0214840,04 -6- such plans and specifications. Thereafter, the City will provide notice to bidders, in accordance with applicable law, for the construction of the proposed improvements and after careful consideration of all bids received will award the construction contract to the contractor found by the City to be the lowest, responsible bidder. Lastly, any such construction contract executed between the City and the contractor, including a payment and performance bond, will comply with all applicable law. 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 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.] 0214840.04 -7- PASSED, ADOPTED AND APPROVED on this the 21st day of May, 1996. ATTEST: ERTZ,TEXAS ~~~ City Secretary (CITY SEAL) Exhibit A - Engineer's Cost Estimate Exhibit B - Form of Notice of Public Hearing 0214840,04 -8- EXHIBIT A Engineer's Cost Estimate 0214840,04 A-l EXHIBIT A ,: DMc Q2n...McCrarv & Aasoclltes. Inc. --EngJneers 80d-.Survevors CITY OF SCHERTZ LIVE OAK HILLS SUBDIVISION PER FOOT ASSESSMENT PHASE 1 Total length through street (Welderstein Rd.) Total length side streets (King, LyrIc, Mora. Nile, Odell) . Total number of lots: (70' and 75' faot fronts) Total length of front lot footage along side streets Total length of front lot footage along through street Total length of side lot footage along through street 1,650 !.f. 6.150 I.f. 162 11,700 !.f. a 1.1. 1,440 1.1. Expected construction costs (streets, drainage): $1,191,155.70 To calculate front foot assessment: 11.191.155.70 11,700 LF 90% Front Foct Assessment: = S 101.81 = x .9D $ 91.63 per l.t. N"Voj \ ~,ere t;;"' - "l. \ - C\ (, B'1 .. (O~-- '1".,. P~h'l, + Oa..AW"C.( ~ \..,0.1. c..",\- \,. . c..",.u-r .. 1, OS1 )E;o, 4-.1.+ ...--.-----...-.--....... ~ ... · ~ 1. · q S"7 p-...... I.,f-. It L D Cb'1, C;" Jr.. "2.. 4- " .1DO t...f:" 323 Breesport at. San Antonio, Texas 78218-2802 . , .' ,.. ' , ,Phone (210) :Mo.-28S1 FIX (2'0) ~Q.2853 'TlI. 'Nt. [It TABULATION OF EXPECT!D CON8TRUCTIDN CO,''' LIVE OAK HJLL8 BUBDIVI810N PHASE 1 Prepared: March 1-4,1808 ITEM DESCRIPTION UNIT ESTfMTED " , UNIT EXTENSION ,QUANnTV . PRICE Illite" : , SIr'" E_VIIIan C.V. 111700 suo St'UlIO.OO 2 Embrimltl C.V. 1S,0ll0 IUD ,'2100.00 ;I 1Iml1 T"...faubli.- 8.Y, 32,1 SUO 138 830,40 .. Umt Ifti TON 2ta te1.00 ..4 eae.GO , I" fllldble '1M '.Y. aG ece ..70 "'.011.20 8 ,0",.......... I.V. '" .,to ".071.20 1 Prlmlc.lCO.2MU..y", OAt. , $Ue .7,.,13.82 8 TaCoal (0.' GIII.y.) GAL 3,044 It,:sa 14.200,12 8 AIcMI ".IS.V, (1 ta. I.Y. 22~ ..1.2. .re :187.83 '0 Adll' 22OtIt.Y. (2") a.v. 8.2'4 14.32 135.484.048 1t coner" Ourb I ~ i.1. i ..,. 112lUOO.CIO '2 EfQIIan ConIrd L.'. , , $7.Boo.DD $1.110O.00 Iu. . 101M. ITRI!IT ...t...... DRlUNAGI , 5. ConcrwIe RIIt RIIP 8.'1. IDO $27,00 12t..,CID 2 Str. Conor'" C.Y. UIi, 1'80.00 $2'1...00 :I DltcNRlt BIr\IDbII. ItA, t ".ODD.GO 125.011O,00 .. Chlmel E....uon C.V. "400 ts,t1 135112.00 5 H""" LF. 210 ".00 IUlIO.OO sua. TOTAL DRAINAGe ,,"."1.00 sue. TOTAl.1REElS AND DRAlNAGI! ) ..,U27 ... I & a..".vtna . ., .." : 1,..1O.ft " ':; In CGIiihta..." . ,.."... 'II ~. ' GRAND TOTAL ITtu:ET81lND bRAIWII .fr ".11'. tll." " , . " ' 3114198 - --- - ---- ~-:.-~ .. -$ , - t ~ " y ,. " ~,4 I . " . i- I II ;; C) '- w . ~ "- llt 1 ~ '~ ~ , It . ., 1: .. I' ~ . .1 . 4- 4 " ~ I . , .1' j- ~ 2 ~ ~ , ~' ,s..' ___ ;'.t.~ .. 10-1.... L 'v e. Co> ~\L WU_'- ~ <;. ,-,l., J W tS\ <> ~ fA~Je ~ c... \'1 or:: Sc:..k., ~ ~ T.f~ r ,--, .~. . ~ .. " ~ J I . { , ---. .-. ~~ J , , I ' So ~ 7 "" )- " ~ 4- II :1 ...--. IZ' l.t $ ~ ;-- - " \(. 4- ,. J EXHIBIT B Form of Notice of Public Hearing 0214840,04 B-1 NOTICE OF HEARING ON SPECIAL BENEFITS TO BE RECEIVED FROM PROPOSED IMPROVEMENTS TO STREETS AND AVENUES OR PORTIONS THEREOF WITHIN THE CITY OF SCHERTZ, TEXAS AND ON OTHER MATTERS WITH REFERENCE 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 INTEREST IN OR LIEN UPON ANY PROPERTY ABUTTING THE STREETS OR AVENUES OR PORTIONS 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 ATTORNEYS: YOU ARE HEREBY NOTIFIED that the City Council of the City of Schertz, Texas (the "City"), has determined the necessity for and ordered the improvement of certain streets and avenues or portions thereof within an area located within its City limits, hereinafter more particularly described, the nature 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 reference to the making of such improvements, all of which proceedings are of record in the Minutes of the City Council, and has by ordinance ordered that a hearing be held and notice thereof given; NOW, THEREFORE, PURSUANT TO SAID PROCEEDINGS AND SUCH ORDINANCE, NOTICE IS HEREBY GIVEN: L That a hearing shall be given to the above designated and described persons and parties and to all other such persons and parties interested in any of such properties, including their agents and attorneys, before the City Council of the City of Schertz, Texas, which hearing 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 interested parties, their agents and attorneys, shall have the right to be heard on any matter as to which a hearing is a constitutional prerequisite to the validity of any assessment sought to be imposed, and to contest the amounts of the proposed assessments, the lien and liability thereof, and the special benefits to the abutting properties and the owners thereof from the proposed street improvements, the accuracy, sufficiency, regularity and validity of the proceedings and contracts in connection with such improvements and proposed assessments, or concerning any matter or thing connected therewith. That such hearing may be continued from time to time and day to day until a fair opportunity for hearing has been afforded to all desiring to contest the special 0214841.02 . . assessments or proceedings relating to the street improvements. The City Council shall have the power to and shall correct any errors, inaccuracies, irregularities, and invalidities. The City Council shall determine the amount of assessments for the street improvements and all other incidental matters and shall have the power 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 construction of the street improvements, but no part of any assessment against abutting property and the owners thereof shall be made to mature prior to acceptance by the City of the improvements for which the assessment 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 desiring to contest the assessments proposed 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 assessments against the abutting properties and against the owners thereof. No assessment shall be levied against any abutting properties and the owners thereof in excess of the special benefits to such properties and their owners in the enhanced value thereof by means of such improvements as determined at such hearing. All of such owners, claimants and other interested parties, their agents or attorneys, are hereby referred for further information to the proceedings with reference to such improvements on file and/or of record with the City Secretary of the City and particularly to the Cost Estimate, and to the proposed assessment roll (which is a part of the Cost Estimate) wherein the exact amount proposed to be assessed against each abutting property and the owner thereof is set forth. The Cost Estimate (including the proposed assessment roll) is on file in the office of the City Secretary. II. The nature of the improvements for which assessments are proposed to be levied and to which this notice 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 reconstruction and the realigning of curbs and gutters where there are no existing curbs and gutters which can be utilized 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 Engineer, and by the construction of such other necessary incidentals and appurtenances as the City's Engineer has found to be necessary 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 consist of the construction of an adequate asphaltic 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. 0214841.02r -2- III. The streets and avenues or portions thereof to be improved within the limits fIxed by the City Council are listed 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 defIned constituting each improvement unit the estimated amount or amounts per front foot to be assessed against the owner or owners thereof and against such properties, and the estimated total cost of the improvements as to each improvement unit. There is included in the estimated amount to be assessed against abutting properties and the owners thereof a proportionate part of all costs incidental to the construction of the improvements. The designation of such streets and avenues or portions thereof and such other information as follows: Width From Back of Curb to Amount to be Amount to Back of Assessed Against be Paid by Unit Street or Avenue Identification Curb Prooertv Owner Citv Total Cost No.1 Weiderstein Road From Schertz Parkway 44 feet $328,803.67 $31,308.91 $360,112.58 (60 feet of to within 120 feet of right-of-way) Jupe Lane (approximately 1,650 linear feet) No.1 O'Dell Lane (60 feet Crossing and bisected by 30 feet 151,758.11 14,450.51 166,208.62 of right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 Nile Lane (60 feet Crossing and bisected by 30 feet 151,758.11 14,450.51 166,208.62 of right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 Mora Lane (60 feet Crossing and bisected by 30 feet 151,758.11 14,450.51 166,208.62 of right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 Lyric Lane (60 feet Crossing and bisected by 30 feet 151,758.11 14,450.51 166,208.62 of right-of-way) Weiderstein Road (approximately 1,230 linear feet) No.1 King Lane (60 feet Crossing and bisected by 30 feet 151,758.13 14,450.51 166,208.64 of right-of-way) Weiderstein Road (approximately 1,230 linear feet) 0214841.02 -3- The assessment rate shall be $92.96 per linear foot of residential frontage. As provided in Chapter 313, as amended, Texas Transportation Code the abutting property owners shall not pay more than all of the cost of constructing, reconstructing, repairing or realigning curbs and gutters, plus 9/10ths of the actual costs of the street improvements and the City shall pay the remaining costs. N. A more complete description of the street improvements 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 incorporated herein by reference. Additional information concerning the proposed street improvements may be obtained from the City Manager. This notice is issued by direction 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. [The remainder of this page intentionally left blank.] 0214841.02 -4- ,~ . ATTEST: /s/ Norma Althouse City Secretary (CITY SEAL) 0214841.02 CITY OF SCHERTZ, TEXAS /s/ Hal Baldwin Mayor -5- County of Guadalupe PUBLISHER'S AFFIDAVIT , ,5 i,i' t ~ /JJJ. ~/,; - fI1 ~{~!fJY ~ 9j:r II oJ I' r 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: MAY 26, 1996 MAY 30, 1996 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this 31 s t day of MA Y A.D., 1996 .o:---~~"''PU'\'\l F.."l"......m........(T< II, f<~/*' '\c> \ MARGARET L. CLARKSON ~ . i -..,L~ ! . ~ Notary Public. State ofTexas \ \ '~,/ J My Commission ElqJiresJan, 14, \998 lr,'I~f!;'Of"~~~~ "''''''-- 7r>f~/~ Notary Public, Guadalupe County, Texas 110 - 170 " 11 0 Legal Notices ORDINANCE NO. 96-M.15 CONSIDERATION AND APPROVAL OF AN ORDI- NANCE APPROVING AND ADOPTING THE ES-' ;'\ ~, .I ". .....:~v~x~.:--...,::~:~:;.:;;.- -:>w;::',:-,.~:,:...-:::,;_ .::X~-:~ ::::::::;:::.-:x.:.:.:--.:...:<.~:.:..-:.:.:.:.:. 11 0 Legal Notices' 11 0 Legal Notices TIMA-TE, STATEMENT OWNERS OF THE BENE- AND REPORT PRE- FITED PROPERTIES AND PARED BY OR AP- 'THEIR PROPERTIES; THE PROVED BY THE CITY'S ESTIMATED TOTAL COST ENGINEER WITH REF- OF THE IMPROVEMENTS ERENCE TO THE IM- A,ND THE ESTIMATED PROVEMENT OF CER-AMOUNT OF THE TOTAL TAIN STREETS AND COSTS OF THE IM- AVENUES ORPORTIONS PROVEMENTSWHICH IT THEREOF IN THE CITY .IS PROPOSED SHALL BE OF SCHERTZ, TEXAS; PAID BY THE CITY AND DETERMINING THE TYPE THE ESTIMATED OF IMPROVEMENTS TO, AMOUNT OF THE TOTAL. , BE MADE AND THE ESTI- COSTS OF THE IM- MATED COSTS TO BE PROVEMENTS WHICH IT ASSESSED PER FRONT IS PROPOSED SHALL FOOT AGAINST THE LBE ASSESSED AGAINST ~. ;)""~ -' .'..':) V \"K' '".. ,.,'..i _ -'~4..ftII,; 11 0 Legal Notice!'- THE BENEFITED AVENUES PORTIONS PROPERTIES AND THE THEREOF I TO BE IM- REAL AND PROVED, AND TO ALL TURE OWNERS THERE- OTHER INTERESTED OF; DETERMINING THE ,PARTIES AND TO THEIR MANNER AND TERMS AGENTS AND ATTOR- OF PAYMENT OF THE, NEYS: FIXING THE TIME PROPOSED ASSESS- AND PLACe FOR SUCH MENTS; ORDERING HEARING; DIRECTING THAT A HEARING SHALL THE MAYOR AND CITY' BE GIVEN TO THE OWN- SECRETARY TO GIVE ERS AND TO ALL PER- NOTICE OF SAID HEAR- SONS OWNING OR ING; SPECIFYING THE CLAIMING AN INTEREST TYPE OF. AND MANNER IN OR LIEN UPON ANY IN WHICH SUCH NOTICE PROPERTY ABUTTING SHALL BE GIVEN; MAK- THE STREETS AND ING OTHER FINDINGS' tl1 0 ,Legal Notices ----- AND ENACTING OTHER PROVISIONS 'INCIDENT AND RELATING TO THE Sl,IBJECT; AND PROVID- ING THAT SHOULD ANY SECTION OF OR PART OF ANY SECTION OF THIS ORDINANCE BE HELD VOID, THE RE- MAINING PORTIONS SHALL BE AFFECTED; AND DECLARING AN EMERGENCY. PASSED APPROVED AND ADOPTED the 21 st day of May, 1996. ""- 11 0 ~dal Notices , ORDINANCENO.96-M.15 . SECTION OF OR PART CONSIDERATION AND OF ANY SECTION OF APPROVAL OF AN ORDI- THIS ORDINANCE . BE NANCE APPROVING AND HELD VOID, THE RE- ADOPTING THE ES- MAINING' PORTIONS TIMATE, STATEMENT SHALL. BE AFFECTED; AND . REPORT PRE- AND DECLARING AN PARED BY OR AP- EMERGENCY. PROVED BY THE CITY'S PASSED APPROVED ANt ENGINEER WITH REF-' ADOPTED the 21st day 0 ERENCE TO THE IM~ ~ay,'1996. PROVEMENT OF CER- TAIN STREETS AND ".AVENUES OR PORTIONS "THEREOF~ IN THE CITY 'OF SCHERTZ. TEXAS; "DETERMINING,THE TYPE, ,OF 'I~PROVEMENTS TO BE M~DE AND THE ESTI- MATED COSTS TO BE ASSESSED PER' FRONT . FOOT .AGAINST THE' OWNERS'Of THE'BENE" ".f~ED PRC>f?ERTIES .ANq, :'TI'li:IR PROPERTIES; THE !: r(ESTIMATED TOTAL COST' '; .FTI:lE IMPROVEMENTS 11 0 Legal Notices :.yi .(;.>. ;'1'. ,1.,1 VEMENTS WHICH IT. 'ilS:P~OPOSED SHALL BE: :,:PAlO,'BY THE CITY AND" tR".."::" .,", J'"FHE ESTI~ATED. (.';'AMOUNT OF THE TOTAL' ;:"<:OSTS OF . THE 1M" i/e~VEMENT~WHICtt IT ~[A~,PROP05ED' SH~,"~ ")';~'~ASSESSED'AGAINST' :}ii~E' f BENEFITED, t~r'eOPERTIE$. .AND THE "'-. ...'...~~ ..AND TRUE ., ,WNERS . THEREOF; r~.,Nc,', ".) . , ,ETERMIN1NG . .TAE '.' ,.NNi:R AND ..TERMS'~ PAYMENT ,OF THE,' OPOgED ASSeSS-: ,.5; .' ORDERING. AHEARING'SHALL ~IVENTOTHEOWN- " $',6.No' Te' ALLPER~ NS, OWNING OR~ ,'IMING AN'INTEREST... OR LIEN UPON ANY PERTYABUTTING S"fftEETS AND' ,.~uesqRPoRT16N~' .EREOF'TOf3E. I~~\ ~eD, AND TO ALL" ',flE,R. . INTERESTED" ,J~TIESANQ TO THEIR; " NTS AND' ATTOR- S;fl~ING THE TIME . 'PLACE 'FOffsUCH .' ARING;'DIRECTING.... : E MAYOR AND ciTY .'~RETARY TO GIVE rtlCEOF . SAID HEAR- ; SPECIFYING THE' ,~E.:OFAND MANNER iWHICHSUCH'NQTICE" I j..~Uf3EGI"EN;MAi<-' G.OTHER, FINPIN.G$, . ENACTING OTHER OVISIQN.S INCIDENT o .RE~TING TO' THE .':E~; AND 'PROVID~ NG, THAT SHOULD ANY