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HomeMy WebLinkAbout1971-0762 - Ordinance - 06/28/1971t ORDINANCE NO. 762 AN ORDINANCE DETERMINING TO ASSESS THE COST OF THE CONSTRUCTION OF SIDEWALKS ON FRANCIS DRIVE FROM SHADY DRIVE TO FRANCIS DRIVE DEAD END IN THE CITY OF COLLEGE STATION, TEXAS 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, Texas has heretofore ordered that the following portions of sidewalks in said city be constructed on proper grade and line altogether with necessary incidentals and appurtenances and in ac- cordance with the plans now on file with the City and in accordance with the specifi- cations therefore, said portions of said sidewalks being as follows, to -wit: All that certain portion of Francis Drive described as follows: Commencing at the intersection of Shady Drive and Francis Drive; thence in a northeasterly direction along Francis Drive until same terminates in a dead end. The improvements to Francis Drive shall consist of a four (4) inch reinforced concrete sidewalk as provided in said plans and specifications; and WHEREAS, the City of College Station has entered into a contract with Brytex, Incorporated in the amount of $ 1600. 00 for the improvements on said Francis Drive, and the City Engineer has prepared and filed rolls or statements concerning the improvements and assessments therefor; and WHEREAS, the City Council has determined to assess th'cost of such improvements against the owners of the property abutting thereon and against such property; and WHEREAS, the present need for said improvements affect 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: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: I. The City of College Station does hereby determine to assess the cost of said improvements 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 H, 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. 11 r Ordinance No. 762 Page 2 The several amounts proposed to be assessed against such parcels of property and the owners thereof, the other matters and things as shown on said rolls or statements being as follows: to -wit: No. Of Name of Owner Description Front Feet Amount T. W. Comstock III Blk. B, 86. 72' of 1 86.72 $130. 08 George Green Blk. B, 18. 00, of 1 Blk. B, 54.001 of 2 72.00 108.00 Herbert F. Beck Blk. B, 41. 00, of 2 Blk. B, 26.001 of 3 67.00 100.50 Robert E. Epps Blk. B, 69. 00, of 3 Blk. B, 9.001 of 4 78.00 117.00 Joseph B. Natowitz Blk. B, 74.001 of 4 74.00 111.00 E. Leonard Copeland Blk. B, 12. 00, of 4 Blk B, 62. 00' of 5 74.00 111.00 Robert L. Chapman Blk. B, 33. 00' of 5 Blk. B, 41. 00' of 6 74.00 111.00 C. L. Nelson Blk. B, 54. 00' of 6 Blk. B, 20. 00' of 7 74.00 111.00 William R. Wright Blk. B, 75.181 of 7 75.18 112.77 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 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 26th day of July, 1971, 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 anywise 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 be have been fully and fairly heard, and at which hearing any mistake, ir- regularities 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 „, Ordinance No. 762 Page 3 determined, and the real and true owners of the property abutting upon the said improvements, and any and all others in anywise 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 have as to the said improvements, as to the benefits therefrom, as to the cost thereof, as to the amounts of such asxessments, 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 anywise 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 closed and assessments will by ordinance and in accordance 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 anywise interested or affected may subpoena witnesses and introduce evidence and have the right to appear and be heard. V. Assessments against abtItlting 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 li wied, 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%) +j per annum, payable annually, provided, any owner shall have thy; right to pay the assess- ment at any time before maturity by payigg 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 together 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 is 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 improvements and to all others interested, of the time, place and purpose of of such hearings and of all matters and things by causing a substantially correct copy of this ordinance to be published at least three times in a newspaper published in and 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 improvements, whether such owners be named herein or not or whether the property be correctly described herein or not, as well as to all others in anywise interested therein or to be affected thereby, shall be and are dully 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 anywise affect or invalidate such notice or any assessment levied pursuant thereto, and the real 02%U r 1.. Ordinance No. 762 Page 4 J 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 portions of said improvements, 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 need for said improvements affect 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 of 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 sus- pended and this ordinance is passed as aryl dm.11 take effect as an emergency measure and shall be in full force and effect from and after its passage. PASSED AND APPROVED this 28th day of June, 1971. ATTEST; Assistant City Secretary PR ,/ ( Mayor OZ0056 r THE STATE OF TEXAS X COUNTY OF BRAZOS X The City Council of the City of College Station, Texas, convened in special session at the regular meeting place thereof in the City Hall, within said City, on the 6th day of July, 1971, with the following members present, to -wit: Fred R. Brison Mayor Pro Tem Dr. J. D. Lindsay Councilman Don R. Dale Councilman C. A. Bonnen Councilman Dr. R. D. Radeleff Councilman James H. Dozier Councilman and the following members absent, to -wit: none, when, among other business, the following was transacted, to -wit: The Mayor Pro Tem introduced an ordinance which was read in full. Councilman Dale moved that the ordinance be adopted as read. Councilman Bonnen seconded the motion for adoption of said ordinance. The motion, carrying with it the adoption of the ordinance, prevailed by the following vote: AYES: all present, NOES: none. The Mayor Pro Tem thereupon announced that the motion had duly and lawfully carried and that the ordinance had been duly and lawfully adopted. The ordinance thus adopted follows: