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HomeMy WebLinkAboutORD 96-05 - Assesment IH35 Business ParkORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF OF GEORGETOWN,AMENDING ORDINANCE 9342 TO REAPPORTION THE ASSESSMENT OF THE 21 .26 ACRE TRACT OUT OF THE J.B. PULSIFIER SURVEY NO. 36 AND NICHOLAS PORTER SURVEY NO. • IN WILLIAMSON COUNTY TEXAS, PROPORTIONATELY BY SQUARE FOOTAGE OF EACH PROPOSED RIM E � UMM11914GE111.. 1 Y . i♦ :. WHEREAS, on November 28, 1995 the City Council exhibited its intent to allow reapportion of the assessments which were levied against property owners on East 1-35 Frontage Road for a portion of the costs of construction of the frontage road, to allow for resubdivision of property and increased marketabiltiy of lots; and WHEREAS, the property described in the original assessment as 21.26 acres and further described in that attached exhibit "A" of ordinance 93-42, (the "Assessed Property,"); and WHEREAS, Georgetown 35 Joint Venture was the owner of the Assessed Property at the time of the original assessment; and WHEREAS, the current owner of the Assessed Property is 1994 Land Fund it - Dallas, I L.P.; and WHEREAS, on January 9, 1996, the City Council approved the preliminary plat for resubdivision of the Assessed Property ("Preliminary Plat") as identified in the attached Exhibit "A" to this ordinance; WHEREAS, on January 23, 1996, the City Council approved the abandonment of existing right of way located on the Assessed Property in exchange for new right of way identified on the Preliminary Plat; and WHEREAS, on January 23, 1996, the City Council approved dedication of parkland as identified on the preliminary plat; and WHEREAS, the Owner has requested that the full assessment be reapportioned on a pro rata basis according to the square footage of the remaining acreage in Lots 1 through 10, and excluding the acreage of the right of way and parkland dedications; and East 1-35 Fronta e Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 1 of 3 WHEREAS, the City Council has determined that the reapportionment of the assessment is in the best interest of the City; NOW, •- ORDAINED BY THE CITY COUNCILOF THE CITY OF GEORGETOWN, SECTION 1. The facts and recitations contained in the preamble of this ordinance 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 ordinance implements the following policies of the Century Plan - Development Plan Element: 1. 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 a diversified growth and promote business opportunities to create }obs, 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 ordinance 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 . The assessment of $196,000 as levied in Ordinance No. 93-42 and as amended by Ordinance No. 95-59 will remain due and payable on the lots identified on the Preliminary Plat and will be subject to payment of the full assessment of $196,000 until such time as a final plat of the property, is approved and recorded in the Plat Records for Williamson County, Texas. The assessment of $196,000 will be divided apportioned between Lots 1 - 10 in accordance with lot size. At the time that each lot sells, the seller shall pay to the City the assessed amount against the lot as stated below. Lot # Acreage Assessed Amount 1 2.337 $29,539.68 2 .875 $11,060.00 3 .918 $11,603.52 4 1.252 $155825.28 5 .655 $ 81279.20 6 .708 $ 81949.12 7 .789 $ 93972.96 East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No._ftaas Page 2 of 3 8 .591 $ 71470.24 9 .767 $ 91694.88 10 6.614 $833605.02 SECTION 3. Release of the assessment on each lot will be contingent upon payment in full of that lot's portion of the assessment as designated in this ordinance. SECTION 4. Until such time as the final plat is recorded the assessment will still be due and payable on each lot in accordance with the original assessment ordinance 93- 42 and as amended by Ordinance 95-59. SECTION . All ordinances and resolution, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 6. 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 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect on approval after passage on second reading. PASSED AND APPROVED on First Reading on the i ° 'day of __rte.. Fa , 1996. PASSED AND APPROVED on Second Reading on the t day of 1996.9 ATTES andra D. Lee, City Secretary Marianne Landers Banks City Attorney East 1-35 Fronta e Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: Y Y Leo Wood, Mayor