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HomeMy WebLinkAbout1968-0567 - Ordinance - 04/22/1968Ordinance No. 567 THE STATE OF TEXAS X COUNTY OF BRAZOS X On this the 22nd day of April, 1968, the City Council of the City of College Station, Texas, in the above mentioned County, convened in regular session, at the regular meeting place in said City, and a quorum thereof, D. A. Anderson Mayor Bill J. Cooley Councilman Robert R. Rhodes Councilman T. R. Holleman Councilman James H. Dozier Councilman O. M. Holt Councilman Don Dillon City Attorney being present and passed the following ordinance: AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF MUNSON AVENUE FROM FRANCIS DRIVE TO LINCOLN AVENUE; MARSTELLER AVENUE FROM WOODLAND PARKWAY TO GILCHRIST AVENUE; MARSTELLER AVENUE FROM FRANCIS DRIVE TO CREEK; PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFORE, AND DECLARING AN EMERGENCY. Councilman Holt moved that the ordinance be passed and adopted upon its reading, seconded by Councilman Holleman and carried by unanimous vote. The Mayor then declared the ordinance finally passed. The ordinance follows: AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF MUNSON AVENUE FROM FRANCIS DRIVE TO LINCOLN AVENUE; MARSTELLER AVENUE FROM WOODLAND PARKWAY TO GILCHRIST AVENUE; MARSTELLER AVENUE FROM FRANCIS DRIVE TO CREEK; PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFORE, AND DECLARING AN EMERGENCY. WHEREAS, the City of College Station, at an election duly had and heldfor that purpose on the 8th day of January, 1952, adopted the benefits, terms and provisions of Chapter 106, 40th Legislature, First Called Session, Acts 1927, being Article 1105-B, Vernon's Annotated Civil Statutes of Texas, together with existing amend- ments and all such amendments since that time made, and acts supplementary thereto; and 01430 ORDINANCE NO. 567 Page 2 WHEREAS, the present condition of said streets and places endangers health and safety, and it is necessary that the improvements thereof be proceeded with while the weather will permit and such improvements will be delayed pending the passing and taking effect of this ordinance, and such facts constitute and create an emergency; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the herein below mentioned portions of streets and places in said City be improved by raising, grading and filling the same, installing curbs and gutters where adequate curbs and gutters are not already installed on proper grade and line, and by paving and installing drains, inlets and storm sewers where same may be provided for in the plans and specifications to be adopted by the City Council, all together with necessary incidentals and appurtenances, said portions of streets and places being as follows, to -wit: COMMENCING at the intersection of Munson Avenue and Francis Drive thence in a northwesterly direction along Munson Avenue until same intersects Lincoln Avenue. COMMENCING at the intersection of Marsteller Avenue and Woodland Parkway thence in a southeasterly direction along Marsteller Avenue until same intersects Gilchrist Avenue. COMMENCING at the intersection of Marsteller Avenue and Francis Drive thence in a southeasterly direction along Marsteller Avenue until same intersects the creek. II. Each of such districts or units herein ordered improved shall be and constitute a separate and independent unit of improvement and the assessments herein provided for shall be made for the improvement of each unit according to the cost of the improvement in that unit and according to the benefits arising from the improvements in that unit and independent of the cost of and of the benefits arising from the improvements in the other units. Each portion of street or place herein ordered improved shall be paved with the following materials, to -wit: Six (6) inch compact depth limestone base with a one (1) inch plant mix surfacing. 01431 ORDINANCE NO. 567 Page 3 The City Engineer is directed to prepare and submit to the City Council of the City of College Station plans and specifications for such improvements embracing the types of paving hereinabove mentioned. Iv. The cost of the improvements in each district or unit shall be paid as follows: (a). All the cost of making and constructing improvements in areas designated shall be assessed against the owners of abutting property who shall pay Three and No/100 Dollars ($3.00) per front foot to pay their pro rata share of the cost of paving and the constructing of curbs in front of their respective properties. (b). After deducting the Three and No/100 Dollars ($3. 00) per front foot assessed against the abutting property owners, the remaining costs of the improvements shall be paid by the City of College Station. The amounts payable by the abutting property and the owners thereof shall be assessed against such abutting property and against the real and true owners thereof, and shall be a first and prior lien upon the property upon which the assessments are levied, and a personal liability of the owners of said property and the entire amount assessed against the abutting property shall be due and payable when said improvements are completed and upon the acceptance of same by the said City, and shall bear interest from the date of completion and acceptance of that portion of the improvements upon which such property abuts and until paid at the rate of eight per cent (8%) per annum, interest being payable annually. In the event the abutting property owners shall fail to pay the entire assessment when the work is completed and accepted, as provided herein, same shall be collectible with interest, reasonable attorney's fees and costs of collection, if incurred, .provided that no assessment shall be levied in any case until after notice and hearing, as provided by the law and charter in force in the City of College Station, and the proceedings in the City with reference thereto, and no assessment shall be levied against any abutting property and the owner thereof in excess of special benefits to such property in the enhanced value by means of the improvements for which assessments are levied, as ascertained at such hearings. v. In making assessments, if the name of any owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate, 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 mentioned shall be liable and the assessments against the property shall be valid, whether or not such owners be named. 01432 ORDINANCE NO, 567 Page 4 VIo The omission of improvements in any unit shall not affect the validity of the assessments for improvements in any other unit, and the omission of improvements in front of any property exempt under the law in force in the City from lien of special assessment for street improvements shall not affect or impair the validity of assessments against property in front of which improvements may be constructed. VII. The conditions of said streets and avenues endanger health and safety and it is necessary that the improvements thereof be proceeded with while the weather will permit, and such improvements are being delayed pending the passing and taking effect of this ordinance, and such facts constitute and create an emergency and an urgent public necessity, and because of the foregoing, it is ordered that this ordinance be passed as and take effect as an emergency measure and that same shall be in full force and effect immediately from and after its passage. PASSED AND APPROVED this the 22nd day of April, 1968. ATTEST: Assistant City Secretary Mayor