HomeMy WebLinkAboutORD 93-42 - Property Assessment I-35STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF O' !
I, Sandra D. Lee, being the Deputy City Secretary of the City of Georgetown, Texas, do hereby
certify that the attached is a true and correct copy of Ordinance No. 93-42, passed and approved
on second reading by the City Council of the City of Georgetown, Texas, on the 14th day of
December, 1993, and such ordinance was duly adopted at a meeting open to the public and
notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by
Article 6252-17, Sec. 3A, V.A.T.C.S.
Witness my hand and seal of office this 16th day of December, 1993.
Sandra D. Lee
Deputy City Secretary
t. 2432pa,
2 535-1-3
ORDINANCE NO. � ...
AN ORDINANCE LEVYINGON 1
PROPERTIES ABUTTING THE EAST Iw35 FRONTAGE ROAD
PROJECT; DETERMINING THE METHOD OF APPORTIONMENT;
ESTABLISHING THE TERMS ! CONDITIONS FOR PAYMENT OF
THE ASSESSMENTS; AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF AND ESTABLISHING
DATE.EFFECTTVE
WHEREAS, the City of Georgetown recognizes the importance for constructing the
East Frontage Road on I-35 from Highway 29 to FM2338 (Williams Drive); and
WHEREAS, construction of said Frontage Road will provide greatly improved access
to abutting properties; and
WHEREAS, due to improved access, property values of adjacent properties will be
enhanced; and
WHEREAS, the City of Georgetown, has accepted the Texas Transportation
Commission's Minute Order 102420 of June 29, 1993, concerning construction of the East
Frontage Road of I-35 from Highway 29 to 2338; and
WHEREAS, adjacent properties will receive direct benefit as a result of the
improvements being made; and
WHEREAS, the City Council conducted a public hearing on November 23, 1993, in
accordance with Resolution No. 931026-V; and
WHEREAS, the City Council has considered all evidence presented at the public
hearing; and
WHEREAS, the City Council has determined that it is in the best interest of the City
for the benefitting properties to assist in funding the construction of these improvements; and
WHEREAS, the City is authorized by State law to assess benefitted properties for the
actual costs of construction of roadway improvements;
NOW, ' i' BE i 1 BY THECOUNCIL OF
CITY OF i' ithat.
SECTION 1. The facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct, and are incorporated by reference herein
and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that
this resolution implements the following policies of the Century Plan - Development Plan
Element:
L Transportation Policy 15, which states: "The City will encourage a
transportation system that provides for the safe and efficient movement of
traffic, promotes the economic interests of the community, and adequately
serves the personal needs of individuals;"
2. Economic Development Policy 1 which states: "The City will encourage
zry
I-35 Frontage Road Assessment Ordinance No.
Page 1 of 5
diversified growth and promote business opportunities to create jobs, broaden
the tax base and minimize the impact of economic fluctuations;"
3. Finance Policy 1 which states: "The City will conduct all Municipal operations
in an efficient business -like manner;"
and further finds that the adoption of this resolution is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan.
SECTION 2. Levying Of Assessments. The City Council, having considered all evidence
presented at the public hearing, finds that certain properties abutting the East Frontage Road
of I-35 ("Frontage Road Project") will receive direct benefits as a result of the improvements.
The City's portion of the total project costs, as adopted in Resolution #930928-AA, in the
amount of $1,000,000.00, is hereby assessed upon property abutting the proposed Frontage
Road and upon each identified property owner, in compliance with Article 11056 of the Texas
Revised Civil Statutes, and subject to the limitations stated in this Section. In accordance
with the Statute, the City shall assess no more than nine -tenth (9/10ths) of the City's costs of
constructing the Frontage Road excluding curbs, gutters, and sidewalks ($900,000.00). In
accordance with its authority under Article 1105b of the Texas Revised Civil Statues, the City
Council determines that the following properties will receive special benefits different from
the community at large, and these properties shall be assessed in accordance with the method
of apportionment established in Section 3 of this Ordinance, to the maximum amount of the
special benefits received by the affected properties:
Property Owner
Georgetown 35 Joint Venture
c/o Robert Tanner
FGB Realty Advisor
13401 North Freeway, Suite 240
Houston, TX 77060
First Gibraltar Bank, FSB/
First Madison Bank, FSB
c/o Mr. Jerry Torgeson
FGB Realty Advisor
13401 North Freeway,
Houston, TX 77060
Suite 240
A.G. Finnie, Jr.
4018 Dunmore Drive
San Antonio, TX 78230-1612
I-35 Frontage Road Assessment Ordinance No.
Page 2of5
Property Description
Exhibit A
Exhibit B
Exhibit C
He Eula CE pc.. of
• J.C. Labenski
`V
Harold r
'tinents
04 E. Wonsley Drive
Austin, TX • •.
Exhibit D
Exhibit E
SECTION 3. Apportionment of Assessment. The City Council, having considered all
evidence offered at the public hearing, hereby determines that the appropriate apportionment
of the costs of the improvements of the Frontage Road Project should not be in accordance
with the Front Foot Rule, as the application of this rule would result in inequality and
injustice among the affected properties and the community at large due to the following
conditions:
1, Interstate frontage on I-35,
2. Topographical characteristics of the benefitted properties;
3. Roadway access to benefitted properties;
4. Undeveloped condition of benefitted properties; and
5. Size of parcels as opposed to front footage.
The City Council further determines that apportionment of the assessment according to the
market analysis would be the appropriate manner by which to apportion the costs of the
improvements, having in view the special benefits in enhanced market value to be received by
such parcels of property and owners thereof, the equities of such owners, and to adjust the
apportionments so as to produce a substantial equality of benefits received and burdens
imposed. The City Council hereby adopts the appraisal reports dated September 1, 1993,
from Kokel and Associates ("appraisals") as the market analysis by which to apportion the
assessments for the cost of the improvements. The City Council finds that the following
properties will be individually benefitted not less than the value of special benefits determined
in the appraisals, and accordingly, these properties shall be assessed on an amount equal to
the value of the special benefits stated below:
Property Description
1, Exhibit A
2, Exhibit B
3. Exhibit C
I-35 Frontage Road Assessment Ordinance No
Page 3 of 5
Assessment/Special Benefit
4. Exhibit D 31,300.00
5. Exhibit E 2200400
SECTION 4. Terms and Conditions. The following terms and conditions shall apply
to all assessments levied in this • r
a. The assessments shall be due and payable over a period of 5 years in annual
installments to begin after completion of the frontage road improvements and
acceptance by the City.
b. All unpaid amounts shall accrue interest at the rate of 8% per annum.
c. The assessments shall constitute a first and prior lien on the assessed properties
from the date the improvements were ordered in Resolution No. 930928-AA;
d. The assessments shall be a personal liability on all property owners and shall
be charged against the true owners of the assessed properties, whether such
owners are specifically named or not, in accordance with Section 6(b) of
Article 1105b.
e. The assessments shall be collectable with interest, expense of collection, and
reasonable attorney's fees, and shall be the first and prior lien on the property
assessed, superior to all other liens and claims except State, County, School
District and City ad valorem taxes, and shall be a personal liability and charge
against said owners of the property assessed;
f. The assessment shall apply to all parcels described herein, in their entirety,
irrespective of any subdivision or partial sale after November 4, 1993, the date
on which the notices of potential assessments were mailed to property owners.
g. Upon default by the property owner in paying the required assessment, the City
or its assignee may enforce the assessment by suit in any court of competent
jurisdiction for Williamson County, Texas, or by sale in the same manner as
provided for sale of property for ad valorem City taxes.
SECTION 5. Certificates of Assessment. The City Attorney is hereby authorized to
issue certificates in the name of the City of Georgetown in evidence of the assessments levied
in this ordinance. Such certificates shall declare the lien upon the property, the liability of the
owners, and the terms and conditions of such certificates. The certificates of assessment shall
be assignable upon approval of the City Council.
SECTION 6. Proceedings in Compliance with Law. The City Council hereby finds
that all proceedings held in reference to the construction of the Frontage Road Project and the
levying of these assessments have been regularly held in compliance with all applicable laws,
and that all prerequisites necessary for the fixing of the assessment liens and the personal
liability of the owners thereof have been completed. The City Attorney is directed to include
a statement on each certificate of assessment indicating the City's compliance with applicable
laws and prerequisites to the levying of assessments, and such statements shall constitute
prima facie evidence of all matters recited in the certificates of assessments, and no further
proof thereof shall be required.
u:
I-35 Frontage Road Assessment Ordinance No
Page 4 of 5
SECTION 7. Right to Appeal. All property owners assessed under this Ordinance
shall have the right to appeal the determinations of the Council as authorized in Article 1105b
of the Te
SECTION 8. All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 9. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are hereby declared to be
severable.
SECTION 1. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in fall force and effect on
approval after passage on second reading.
PASSED AND APPROVED on First Reading on the 23rd day of November, 1993.
PASSED AND APPROVED on Second Reading on the day of `` ° `" � �- 4� ,� , 1993.
ATTEST:
Elizabeth Garay
City Secretary
�.,•. �� .�. �.�„"-Fk ,sue'.+
Marianne handers Banks
City Attorney
I-35 Frontage Road Assessment Ordinance No.
Page 5 of 5
Mayor
A
OIL
.EXRIBIT nAn-
i FIELD NOTES)
(` 21*26 ACRES`
i BEING A 21.26 ACRE TRACT OR PARCEL OF LAND SITUATED IN THE J.B,
PULSIFER SURVEY NO, 36 AND THE NICHOLAS PORTER SURVEY N0, 26,
! WILLIAMSON COUNTY, TEXAS: SAID 21.26 ACRE TRACT BEING MORE
PARTICULARLY. DESCRIBED BY METES AND BOUNDS AS.FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID PULSIFER SURVEY, SAME
( BEING THE SOUTHWEST COR14ER.OF SAID PORTER SURVEY;
THENCE, NORTH 19028125" WEST, ALONG THE LINE COMMON TO SAID SURVEYS,
728.49 FEET TO AN IRON PIN FOUND AND THE POINT'OF BEGINNING;
THENCE, DEPARTING SAID COMMON LINE, NORTH 75016'54" EAST, 380.95 FEET
TO AN IRON PIN FOUND;
THENCE, NORTH 69040'39" EAST, 341.81 FEET -TO AN IRON PIN FOUND;
THENCE, NORTH 66041'20",EAST, 135.08 FEET TO AN IRON PIN FOUND;
THENCE, NORTH 69043'20" EAST, 62.70 FEET TO AN IRON PIN FOUND;
THENCE, NORTH 74027'20" EAST, 237.92 FEET TO A POINT, SAME BEING IN
THE CENTERLINE OF THE SOUTH SAN GABRIEL RIVER;''
THENCE, SOUTH 03025'40" EAST, ALONG SAID CENTERLINE, 337.41 FEET
TO A POINT;
THENCE, SOUTH 49024'20" WESTo ALONG SAID CENTERLINE, 340.00 FEET
TO A POINT;
THENCE, SOUTH 87034'20" WEST, ALONG SAID CENTERLINEa 539.14 FEET
TO A POINT;
THENCE, SOUTH 66034'20" WEST, ALONG SAID CENTERLINE, 300.00 FEET.
TO A POINT;
TIIENCE, SOUTH 20041'20" WEST, ALONG SAID CENTERLINE, 223.74 FEET
TO A POINT;
' THENCE; DEPARTING SAID CENTERLINE, NORTH 82037'12" WEST, 57.64 FEET
TO AN IRON PIN SET; f.
THENCE, NORTH 73009'42" WEST., 37,08 FEET TO AN IRON PIN'SET#
i
THENCE, SOUTH 74035'13" WEST, 55.11 FEET TO AN IRON PIN SETS
THENCE, SOUTH 79037`53" WEST, 60,35 FEET TO •AN IRON .PIN SETS
THENCE, NORTH 81048'07" WESTo l07.9O FEET TO AN IRON PIN SET;
' I ITHENCE, NORTH 86048'07" WEST,•109.33 FEET TO AN IRON PIN SET;
THENCE, SOUTH 67002'13" WEST, 167.21 FEET TO AN IRON PIN SETO .
THENCE, SOUTH 44011'43" WEST, 98.02 FEET TO AN IRON PIN SET;
THENCE, NORTH 74031'00" WEST, 59.25 FEET TO AN IRON PIN SET, SAME
BEING IN THE EASTERLY RIGHT-OF-WAY LINE OF-IH-35 (WIDTH VARIES)S
4' THENCE,"1349.72 FEET ALONG THE ARC OF A CURVE TO THE RIGHT (DELTA a
14014'35", RADIUS 5429.58 FEET, CHORD a NORTH 22036'57" EAST,
E. 1346>25 FEET) AND SAID RIGHT-OF�WAY TO AN IRON PIN FOUND;
THENCE, DEPARTING SAID•RIGHT OF WAY, SOUTH 2O031'25" EAST,0609.58 '
FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED 'AREA OF,
21*26 ACRES OF LAND, f
i
WilliamsonSEING 52.72 acres of land, situated -in th* Nicholas Porter Survey$ 'Ibstract
County,
Wayneof land, called 52.72 acres, as described in a dead to Dean Me Greenwood
and Volume 1038, Page i
County,g of the OfficieL
records of Williamson
month
underof April, 1985, i .. of Don L liatiell# Registered Public
Surveyor, and being tort particularly described as followst
3EGINNIRG at an
pin set at the intersection of the Worth bank of the
South San Gabriel River and the West line of Us S. Nighway go, $is for the
hereof*most southerly Southeast corner of the aboy"reforenced for a southeasterly
corner
THENCE, along the said North bank of the South San Gabriel liver as
0.
pointS 77* 09' We 245s95 feet to a point on a rock bank;
M
F iron pin $at for an interior corner
of the saidGreenwood ... • !-tracti an interior • •1 • y•'
THENCE, S 12* 12 1, 929.73 fast, generally along the center of the South
•Gabriel liver,to ! • i • •most southerly Southeast cornier
the said Graenwood�Varkins �tract. for the most southerly Southeast corner
hereof*
THENCE, with a fence slou; the South line of the said Graeuv*odowEarkiris
9 70* 39' Ws 341*83 faiet to an iron pin found at a Cedar corner post**
and,
h a ♦ Y an •• pin found
markingthe Bouthvost jcornerthe
said Greenwoods*11arkins tract for
the f
of ! Nicholas Porter
THENCEs 9 19* 331 We 610*68 ' facts with a face* along or near the said West
line of the • i
on the Southeastline ofinterstate lighwayNo. 35, marking the Northwest
corner of the said Graenwood�Harkius tract for the most westerly coruer
hereof
along the said Southeast line of Interstate Righway No. 35" as
follows* I
alontcurve to the right Long Chord best:
9 37* 431 Is lg3M94, feet) an Are distance of ll329.25 feet to in
concrete monument found;
on. the South bank of the North San Gabriel River. for the Northvest
corner of the said Grqqnwood�Ksrkins tract for the Northwest corner
Thence N 44* 441 1. for a distance of 607.14 feet, to an iron pin set
THENCE, along the said S uth bank of this North San Cabrial livers as
M al" 131 Is 50434 f set to a 40d nail found in a loss Water I In tree*#
N 70" A61 is 423*43 fait to an iron pin set on the said West lius Of
Usso Highway No. $1, for the Northeast corner of the Grganwoodswi&rkins
1
EXHIBIT
"B"
a
VOL* 2 a 2 P Mai 3 2
ti
nExclo along tbe said vast lima of Utz* lighway Not Us 1 01" 43' kq at
108.04 feet pass an iron pin foumdp for a total distance of 335*18 last, in
all, to an iron pin found 'at a fence corner marking a southeasterly corner
of the said ... Harki.ns tract for a southeasterly corner bereof;
marking an interior cornor of the said Creanwood�Harkins tract
interior corner hersof* for an
TNEXCIs 2 01" 531 it 128taS fast to an iron pin found at a fence corner
post, marking an interior corner of the said Craenwood�Hsrkins tract for an
interior corner harsofo
THE 0 MCZj X 58" 27' to 56*73 *at to an iron pin set at a fence corner post,
on the said West line of U.S# lighway No.
corn*r of ..northeasterlyhersofe
_J
_ n
!t
i
wMN
2EC`—cNING at the $. Srie corner of a tract of land sold by G, W. GluSSCa C}C
to T E ogers whit::^. is 160 feet f-an t;.e S. ;. cor:,er of a 5 96/100 acre
>ract'conveyed by G. �, Glasscock to Isaac Sellers;
West 60 feet;
T ENC' North 120 fees
...z. CE East 60 feet to Rogers' ;I, r•
come. ,
THEYCE South with Rogers' West line to the place of beginning containing
an area of land 60 feet by 120 feet, ana being t::e same property which as
conveyed by William Green to D. M. Finney and wife, S. E. Finney (also shown
"s Fi--i in i r 8, 1906, recorded in Vol. 119
.. .... L a ceG/ �,* ui:2d ddCeG ..2Ccmo2
Page 393, Deed Records of Williamson County. Texas. s
SAVE Ai41) EXCEPT the following described property conveyed to the State of Texas
by deed dated April 29, 1963 and recorded in Vol:.& 460, Page 125 of the Deed
Records of Williamson County, Texas:
0.023 of one acre of land, more or less, same .tieing out of and a Tart of
L i4aL -Certain l o16o) of one acre of ianc, Out Oi t.:e NacAolas Porter Survey,
Abstract No. 497, in Williamson County, Texas, which 0.163 of one acre of
land was conveyed to D, M. Finney et ux by deed dated De..ember 8, 1.906 of
rec.:rd in Volume 119, page 393, Deed Records of Williamson County, Texas,
which 0.020 of one acra of land is more particulaz-ly described as follows;
T +.L T\Fl9lflO l ,
Jr.v:..ti,ya.v at a point is thte $ianCors north iliac, saisse beiztu5 the south line
of the adjoining Ira Arnold Robinson 0.496 acre tract as conveyed by deed
dated February 2, 1906, of record in Volume 443, page 66, Deed Records of
Williamson County, Texas, from which point of beginning the southeast corner
of the adjoining Ira Arnold Robinson 0.496 acre tract bears North 870 30.i'
East, a distance of 129.E feet, said point of beginning also being in t.`.a
e st right of way Tina of the proposed location of Interstate '" ghway 35,
as surveyed by the Texas Highway Department, 275.0 feet left of the reference
line thereof;
T1iENCE SOUTH 43° 46.6' West, with the said east right of way line, a distanca
0 69.8 feet to a point in the grantors west line;
THENCE North 02' 28.5' West with the grantors west line, distance of 43.3
feet to the grantors northwest corner;
T E\`CE north 87° 30.11 East, with* the grantors north line a Gist anca at
30.4 Feet to the placa of beginning.
EXRIBIT nD"
All that certain tract or parcel of land out or the Nicholas Porter 1/3 League Survey of
land in Williamson County, TeY.aa, and described as follows:
w
< BECINNINC 40 rest West of the Southwest corner of a tract of 5.0.5 acres of land heretofore
x
sold by the G.W. Glasscock to Isaac Sellers;
irl"ENCE West itil the same course as Sellers' South l inea 1i0 i er CD 3 C^riier
`
Li
Ul lii:C iorC1 12)0) feet .itl the Same course as Sellers' West line to a corner*
�` v 1=1 INC E East with the same course as Sellers' North 'Line, 120 serf CD a corner;
iIIEN'Cr South with the same course as Sellers' West line, 120
�e_t ,.o the place
of
cogcaining an area of 120 feet sauare, and being the same property conveyed
DYG1aS9COC�k to TIE, Rogers by deed dated Aoril. 241 i,Q85, and recorded in Volume
l�, rage 577, Deed Records of Williamson County, texas,
EXH:IBIT "E`°
BEING 1,252 acres of the Na Porter Survey, Abstract No, 497{
containing part of Lot 5 in Block 19, and part of Lots 2, 31 41 5,
6, 7 and 8 in Block 20 of the North Georgetown 'o
Georgetown, Texas, according to the plat recordAddition to
in Book 2, Pgo
95, Plat Records of Williamson County, Texas. Also containing part
of Old Austin Avenue that lies between Block 19 and 20, This
property is the same tract called 1,248 acres as described in a
conveyance to West Georgetown Development Co, of record in Vol.
849, Pg• 254, Deed Records of Williamson County,.Texas, Surveyed
on the ground in September of 1990, by William F. Forest, Jr.,
Registered Public Surveyor No. 1847.
BEGINNING at the remains of a concrete monument found at a widening
of the Right -of -Way of Interstate Highway 35, at the most Northerly
Northwest corner of\the said 1,248 acre tract,
THENCE with the North line of the 1.248 acre tract and the North
line of a 10 foot wide utility easement described in Vol. 6901 Pg,
805, re -recorded in Vol, 6921 Pg. 649, D/R, S 89 deg. 02 min. 35
( sec, E 202.31 feet'to set an iron pin.
THENCE S 00 deg. 34 min. W 200.0 feet with the West line of a tract
j conveyed to Franchise Realty Interstate Corp, as described in Vol.
690, Page 805, D/R, to an iron in to be set.
THENCE with the South line of the tract conveyed to Franchise
Realty Interstate Corp., S 89 deg. 26 min. E 172,57 feet to an iron
pin set,
THENCE with the West line of Austin Avenue, as it now exists, 51.67
feet with the arc of a non -tangent curve, the chord bears S 33 deg,
31 min. 10 sec. W 51.65 feet to an iron pin set 0,7 feet West of a
curb,
THENCE with the North line of Spring Street, N 86 deg, 28 min. W
293,53 feet to an iron pin found in the East line of Williams
Street now known as Williams Drive.
THENCE with the East line of Williams Drive, N 31 deg, 20 min. 20
sec, W 197.37 feet to an iron pin found.
THENCE with the East line of Interstate 35, Id 39 deg. 50 min. E
80,05 feet to the POINT OF BEGINNING.
4