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HomeMy WebLinkAbout1971-0796 - Ordinance - 11/22/1971ORDINANCE NO. 796 AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING A PORTION OF WELSH AVENUE IN THE CITY OF COLLEGE STATION, TEXAS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, ADOPTING ENGINEER'S ROLLS, PROVIDING FOR NOTICE OF PUBLIC HEARING, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of College Station, Texas, has here- tofore ordered that the following portion of street 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 portion of said street being as follows, to -wit: All that certain portion of Welsh Avenue described as follows: Commencing at the intersection of Welsh Avenue and Holleman Drive; Thence in a southeasterly direction along Welsh Avenue until same intersects West Knoll Section III; and The improvements to Welsh Avenue shall consist of a five (5) inch black base and a one (1) inch plant mix surfacing with concrete curbs to a width, measured from back to back of 47 feet, as provided in said plans and specifications; and WHEREAS, the City of College Station has entered into a contract with Brytex Construction, Inc. of Bryan, Texas in the amount of $23, 208. 25 for the improvements of said Welsh Avenue, 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 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 street and place endangers the public health and safety and it is necessary that the improvements thereof be pro- ceeded 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 a portion of the cost of said improvements and said portion 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. Qs Ordinance No. 796 Page 2 II. Said rolls or statements be and the same are hereby adopted and approved. III. The Several amounts proposed to be assessed against such parcel 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 Goode and Jones Trustee Holick Tract 2630.59 $10, 522. 36 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 day of 1971, at 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 have been fully and fairly heard, and at which hearing any mistake, irregularities or invalidities in any of the proceedings with reference to the making of said improvements or assessments therefor may be cor- rected and the benefits by means of said improvements, and the amount of the assess- ments, 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 street to be improved, 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 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 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 representa- tives 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. 0212g Ordinance No. 7R6. Page 3 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 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 portion of street named to be im- proved and to all others interested, of the time, place and purpose 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 circula- tion 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 avenue, whether such owners be named herein or not and 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 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 anywise affect or in- validate 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 portions 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 portion of avenue 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 0?10V Ordinance No. 796 Page 4 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 22nd day of November, 1971. APPROVED: ATT13ST: Assistant sty Secretary 02131