HomeMy WebLinkAbout1962-0338 - Ordinance - 04/17/1962BOORUM & PEASE «�°
BOORUM & PEASE
ORDINANCE NO. 338
AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING A PORTION OF
GLADE STREET AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF COLLEGE STATION
AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, ADOPTING ENGINEER'S ROLLS,
PROVIDING FOR NOTICE OF HEARING, AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of College Station has heretofore
ordered that the following portions of streets in said city be improved by
raising, grading, filling same, installing concrete curbs and gutters and by
paving and by installing drains, inlets and storm sewers, where provided in the
plans, with necessary incidentals and appurtenances and in accordance with the
plans now on file with the City and in accordance with the specifications
therefor, said portions of said streets being as follows, towit:
All that one-half of Glade Street lying and being adjacent to Woodson Village
and the undeveloped Woodson Lumber Company of Cameron property, beginning at a
fence corner in the southwest right-of-way line of Glade Street and in the north-
west right-of-way line of County Road as shown on the subdivision plat of The
Knoll recorded in the deed records of Brazos County and extending in a northwest-
erly direction a distance of approximately 982 feet to the point of intersection
of the southwest R.O.W. line of Glade Street and the northwest R.O.W. line of
Village Drive.
All that one half of Glade Street lying and being adjacent to The Glade,
beginning at the west corner of The Glade and extending in a southeasterly
direction a distance of 1616 feet.
The improvement to Glade Street shall consist of a six-inch compact depth
gravel base with a one -inch asphalt plant mix with concrete curbs to a width,
measured from back to back, of 40 feet, as provided in said plans and specifications;
and
WHEREAS, the City of College Station has entered into a contract with
Vance & Thurmond of Bryan, Texas, for the improvement of said Glade Street prop-
erty, and the City Engineer has prepared and filed rolls or statements concern-
ing the improvements and assessments therefor; and
WHEREAS, the City Council has determined to assess a portion of the cost
of such improvements against the owners of the property abutting thereon and
against such property; and
WHEREAS, the present condition of such streets and places endangers the
public health and safety and it is necessary that the improvements thereof be
proceeded with while the weather permits, and such improvements are being delayed
pending the passing and taking effect of this ordinance and the other proceedings
incidental thereto, and such facts constitute and create an emergency;
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BOORUM & PEASE "Ni 1eAtR"
BOORUM & PEASE
THEREFORE, BE IT ORDAINED BY THE CITY OF COLLEGE STATION, TEXAS, THAT:
I
The City of College Station does hereby determine to assess a portion of
the cost of said improvements on said portions of streets against abutting
property thereon and against the owners of such property and said assessments
to be levied in exercise of the power granted in Article II, Section XI of the
Charter of said city, and as provided by Acts of 1927, 40th Legislature of the
State of Texas, First Called Session, Chapter 106, page 489, as amended,
commonly known as Article 1105-B, Revised Civil Statutes of Texas.
II
Said rolls or statements be and the same are hereby adopted and approved.
III
The several amounts proposed to be assessed against such parcels of prop-
erty and the owners thereof, the other matters and things as shown on said
rolls or statements being as follows, towit:
No. of
Name of Owner Description Front Feet
Woodson Lumber Company of
Cameron
Area Progress Corporation
Estimated
Amount
Undeveloped portion of 982. $5,,00$.,20
Woodson Village
Undeveloped Glade
Subdivision 1616. 8,243.00
Where more than one person, firm or corporation owns an interest in any
property above described, each person, firm or corporation shall be personally
responsible only for its, his or her pro rata of the total assessment against
such property in proportion as its, his or her respective interest bears to
the total ownership of such property and its, his or her respective interest
in such property may be released from the assessment lien upon payment of such
proportionate sum.
IV
A hearing shall be given by and before the governing body of the City of
College Station, Texas, on the 30th day of April, 1962, at 7:00 P.M. at the
City Council Chamber of the City Hall of the City of College Station, Texas,
to the owners of the respective parcels of property and to all others in any
wise interested, whether they be named herein or not, all of whom are hereby
notified to be and appear at the time and place herein named and fixed, and
said hearing shall be continued from time to time and from day to day if
necessary, until all desiring and presenting themselves to be heard, shall
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BOORUM & PEASE
have been fully and fairly heard, and at which hearing any mistakes, irreg-
ularities or invalidities in any of the proceedings with reference to the making
of said improvements or assessments therefor may be corrected and the benefits
by means of said improvements, and the amount of the assessments, and the
apportionment of the cost of the said improvements and all other matters and
things shall be determined, and the real and true owners of the property
abutting upon the said streets to be improved, and any and all others in any
wise interested, their agents and attorneys shall be and appear at said hearing
at said time and place and present and make any protest or objections which
they or any of them may have as to the said improvements, as to the benefits
therefrom, as to the cost thereof, as to the amounts of such assessments, or
as to the amounts assessed, or as to any mistake, irregularity or invalidity
in any proceedings with reference to said assessments, such improvements, or
to the contracts therefor and as to any other matter or thing in any wise
connected, either with said improvements, contracts, or proceedings and after
all desiring and presenting themselves to be heard, either in person or by
agents, attorneys, or representatives have been fully and fairly heard, the
said hearing shall be colsed and assessments will by ordinance and in accord-
ance with law and the proceedings of the city be levied against the respective
parcels of abutting property and the owners thereof, whether such owners be
named herein or not, and whether the property be correctly described or not.
At such hearings anyone in any wise interested or affected may subpoena
witnesses and introduce evidence and have the right to appear and be heard.
V
Assessments against abutting property and the owners shall be a personal
liability of the owners of such property and a first and prior lien on the
property against which assessments are levied, and shall be due and payable
on or before thirty days after date of completion and acceptance of the
improvements and said assessments shall bear interest from date of such
completion and acceptance until paid at the rate of eight per centum (8%) per
annum, payable annually, provided, any owner shall have the right to pay the
assessment at any time before maturity by paying principal and interest accrued
to date of payment, provided further that if default be made in the payment
promptly as the same matures the entire assessment shall be collectible to-
gether with reasonable attorney fees and cost of collection, if incurred.
VI
The improvements in each unit constitute an entirely separate district
and independent unit, and the proposed assessment for the improvement in each
unit are in no wise affected by any fact or circumstance in connection with
any other unit all to the same extent and as fully as if entirely separate
proceedings had separate hearings, and separate notices thereof ordered.
VII
The City Secretary of the City of College Station is directed to give
notice to the owners of property abutting upon the said portions of streets
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BOORUM & PEASE "NG&R
named to be improved and to all others interested, of the time „place and
purpose of such hearings and of all matters and things by causing a sub-
stantially correct copy of this ordinance to be published at least three
times in The Battalion and/or other newspaper of general circulation in the
City of College Station, Texas, the first of which publication shall be made
at least ten days before the date of such hearing, and by such publication all
owners of property abutting upon said portions of said streets and avenues,
whether such owners be named herein or not and whether the property be correct-
ly described herein or not, as well as to all others in any wise interested
therein or to be affected thereby, shall be and are duly notified and no error
or mistake in the name of any property owner, in the description of any property
or in the amount of any proposed assessment shall in any wise affect or invali-
date such notice or any assessment levied pursuant thereto, and the real and
true owners of such abutting property shall be and are by such notice duly and
fully notified. The City Secretary is further directed, but not required to
give further notice of such hearing by causing a substantial copy of such
published notice to be mailed to each owner of property abutting upon such por-
tions of said streets and avenues, but all such notices by mail shall be only
cumulative of such notice by advertisement and publication, and said notice
by advertisement and publication shall in all cases be sufficient and binding
whether or not any other kind or character of notice be given.
VIII
The present condition of said portions of streets and avenues endangers
health and public safety, and it is necessary that the improvements thereof
be proceeded with at once and while the weather will permit, and such facts
constitute and create an emergency and an urgent public necessity requiring
that the rules and provisions providing for ordinances to be read more than
one time or at more than one meeting be suspended, and requiring that this
ordinance be passed as and take effect as an emergency measure, and such
rules and provisions are accordingly suspended and this ordinance is passed
as and shall take effect as an emergency measure and'shall be in full force
and effect from and after its passage.
PASSED AND APPROVED this the 17th day of April, 1962
ATTEST:
City Secretar
a44/4-offi
APPROVED:
577v.E. ‘Ae
Mayor
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