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Home My WebLink About1959-0280 - Ordinance - 04/27/1959BOORUM & PEASE BOORUM & PEASE ORDINANCE NO. 280 THE STATE OF TEXAS COUNTY OF BRAZOS On this the 27th day of April, 1959, the City Council of the City of College Station, Texas, in the above mentioned County, convened in reg- ular session, at the regular meeting place in said City, all members thereof Ernest Langford Mayor Carl W. Landiss Councilman Joe H. Sorrels Councilman D. A. Anderson Councilman A. P. Boyett Councilman Wm. A. Smith Councilman N. M. McGinnis City Secretary being present and passed the following ordinance: AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF WALTON DRIVE AND KYLE AVENUE, AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF COLLEGE STATION, PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DI- RECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR, AND DECLARING AN EMERGENCY: Councilman Sorrels moved that the ordinance be passed and adopted upon its reading, seconded by Councilman Anderson and carried by unanimous vote. The Mayor then declared the ordinance finally passed. The ordinance follows: AN ORDINANCE ORDERING THE IMPROVEMENTS OF CERTAIN PORTIONS OF WALTON DRIVE AND KYLE AVENUE AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF COLLEGE STATION, PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DI- RECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR, AND DECLARING AN EMERGENCY. WHEREAS, the City of College Station, at an election duly had and held for 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, to- gether with existing amendments and all such amendments since that time made, and acts supplementary thereto; and WHEREAS,"the present condition of said streets and places endangers health and safety, and it is necessary that the improvements thereof be pro- ceeded with while the weather will permit and such improvements will be delayed pending the passing and taking effect of this ordinance, and such facts consti- tute and create an emergency; 4 BOORUM & PEASE BOORUM & PEASE THEREFORE, BE IT ORDAINED BY THE CITY OF COLLEGE STATION: I. That the hereinbelow 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, inlet 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 ap- purtenances, said portions of streets and places being as follows, to -wit: Commencing at the intersection of Foster Avenue and Walton Drive, thence in a northeasterly direction along Walton Drive until same intersects Kyle Avenue, continuing along Kyle Avenue to the intersection of Kyle Avenue and State Highway No. 6. 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 a- rising 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 gravel base with a one (1) inch plant mix surfacing. 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 des- ignated 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 and not exceeding three-fourths of all the remaining cost of the improvements. Page 2 - Ordinance No. 280 r. (b) After deducting the $3.00 per front foot assessed against the abutting property owners and not more than 3/4th of all the remaining costs of the improvements, the remaining coats 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 own- ers 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 la 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 en- hanced value by means of the improvements for which assessments are levied, as ascertained at such hearing. BOORUM & PEASE 0) 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 men- tioned shall be liable and the assessments against the property shall be valid, whether or not such owners be named. VI. 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 im- provements 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 improvement is being delayed pending the passing and taking effect of this ordinance, and such facts conatitgte and create an emergency and an urgent public necessity, and because of t.'; ng, it is Page 3 - Ordinance No. 280 0 00 BOORUM & PEASE writ j> /n 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 27th day of April, 1959. ATTEST: City Secretary APPROVED: ;,y Mayor Page Page 4 - Ordinance No. 280 00644