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HomeMy WebLinkAbout1971-0797 - Ordinance - 12/17/1971ORDINANCE NO. 797 THE STATE OF TEXAS X COUNTY OF BRAZOS I On this 17th day of December, 1971, the City Council of the City of College Station, Texas, in the above mentioned county, convened in regular session in the regular meeting place in said city, and a quorum thereof, to wit: J. B. Hervey, Mayor Fred Brison, Councilman Don Dale, Councilman Dr. J. D. Lindsay, Councilman Dr. R. D. Radeleff, Councilman C. A. Bonnen, Councilman being present and passed the following ordinance: AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF WELSH AVENUE IN THE CITY OF COL- LEGE STATION, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS- MENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE r"` THEREOF, AND DECLARING AN EMERGENCY. It was moved by Councilman Dale and seconded by Councilman Bonnen, thatthe following ordinance be passed and approved. AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF WE LSH AVENUE IN THE CITY OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of College Station, Texas, has heretofore ordered that the following portions of said street in the city be improved by raising, grading and filling same, installing concrete curbs and gutters, and by paving and by installing drains, inlets, storm sewers, where provided in the plans, with necessary incidentals and appurtenances, to wit: All that certainpertion 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. After due advertisement for bids, such bids were received, the contract awarded ` and entered into with the City of College Station, and thereafter the City Engineer filed rolls or statements showing estimated cost of improvements, the amounts to be assessed, and showing other matters and things, and time and place was fixed for hearing to the owners of property abutting upon said portions of street and to all others interested therein, OZ132 Ordinance No. M. Page 2 and to the owners of said abutting property, and due and proper notice of the time and place and purpose of such hearing was given, and said hearing held at the time and place fixed therefor; to wit: On the 17th day of December, 1971, in the regular meeting place of the City of College Station, Texas at 5:00 P. M. , and WHEREAS, evidence was introduced and all parties presenting themselves, either in person or by agent or attorney to be heard, were fully and fairly heard, whether such parties be herein expressly mentioned or not, and all errors heard and all errors and irregularities and all other matters requiring correction or rectification were corrected and rectified and the City Council finds, as herein ordained, that such hearing should be closed, said protests disposed of and assessments made and levied as below set forth, and the City Council further finds that the total amount assessed as hereinbelow shown against the respective parcel of abutting property and the owners thereof, is just and proper and does not exceed the amount provided to be assessed by the law and charter provisions in force in the City, and by proceedings of the City with reference to such improvements; and the City Council further firds that from the evidence, that any assessment herein provided will in each and every case specifically benefit and enhance the value of the property assessed by means of such improvements in the unit for which the assessment is levied in a sum in excess of the sums assessed against such property; and further finds that the apportionment of the cost herein made established substantial justice and equality, considering benefits received and burdens imposed, and WHEREAS, the present condition of the herein mentioned street and place endangers public 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 taking effect of this ordinance, and such facts constitute and create an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: I. All protests and objections, whether herein specifically mentioned or not shall be and the same are hereby overruled, and the said hearing with respect to each and all of said units is hereby closed. II. The City Council finds that from the evidence that the assessments herein levied shall be made and levied against the respective parcel of property abutting upon the said portion of street and against the owners of said property, and that such assessments are right and proper and establish substantial justice and equality and uniformity between the respective owners and respective properties and between all parties concerned, M133 Ordinance No. 797 Page 3 considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefited in the enhanced value thereof by means of the improvement in the unit upon which the particular property abuts and for which the assessment is levied, in a sum in excess of the assessment levied against same by this ordinance and further finds that the apportionment of the cost of this improvement is in accordance with the law and charter in force in the City and is in accordance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. That there shall be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the real and true owners thereof, whether such owners be correctly named herein, or not, the sums of money below mentioned and itemized and shown opposite the descriptions of the respective parcel of property; the description of such property, the several amounts assessed against same, and the owners thereof, being as follows, to wit: Name of Owner Description Goode and Jones Trustee Holick Track No. of Frnnt FP.P.+ 2630.59 Amount $10, 522.36 When more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable 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 in- terestin such property maybe released from the assessment lien upon payment of such proportionate SUM. That the assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessment for the improvements in one unit are in no wise related to or connected with the improvements in any other unit, and in making assessments and in holding said hearing the amounts so assessed for im- provements in one unit have been in no wise affected by any fact in anywise connected with the improvements or the assessments therefor in any other unit. The total amount assessed against each parcel of property is the amount indicated in the appropriate column, such amounts being itemized under other columns. IV. That the several sums above mentioned against said parcels of property and against the real and true owners thereof, and interest thereon at the rate of eight per cent (8%) per annum, together, with reasonable attorney's fees and costs ci collection, if incurred, are hereby declared to be and made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true M134 Ordinance No. 797 Page 4 owners thereof, whether or not such owners be correctly named herein, and such liens shall be and constitute the first enforceable claim against the property assessed and shall be a first and paramount lien, superior to all other liens and claims, except state, county and municipal and school taxes, and the sums so assessed shall be payable as follows, to wit: Said assessments shall be due and payable on or before thirty days after date of completion and acceptance of the improvements and shall bear interest from date of such completion and acceptance until paid at the rate of eight per cent (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. V. The City of College Station shall not in any manner be liable for the payment of any sums hereby assessed against any property and the owners thereof, but the City of College Station shall look solely to said property and the owners thereof, for payment of the sums assessed against the respective parcels of property; but said city shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and assessments, and if default shall be made in the payment of any assessments, collection thereof shall be enforced either by sale of the property by the Tax Collector and Assessor of the City of ,,,; College Station as near as possible in the manner provided for the sale of property for the non-payment of ad valorem taxes, or, at the option of the City of College Station, or its assigns, payment of said sums shall be enforced by suit in any court having jurisdiction. VI. For the purpose of evidencing the several sums assessed against the said parcels of abutting property and the owners thereof, and the time and term of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of College Station upon the completion and acceptance of the work in each unit of improvement as the work in such unit is completed and accepted, which certificates shall be executed by the Mayor, in the name of the City, attested by the City Secretary with the corporate seal, and shall be payable to the City of College Station, or its assigns, and shall declare the said amounts and time and term of payment and rate of interest and date of completion and acceptance of the improvements for which the certificates are issued, and shall contain the name of the owner as accurately as possible, and the description of the property by lot and block number, or front feet thereof or such other description as may otherwise identify the same, and if the said property shall be owned by an estate then the description thereof as so owned shall be sufficient or if the name of the owner be unknown, then to so state shall be sufficient, and no error, or mistake in describing said property, or in giving the name of any owners, shall be in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. 0noo Ordinance No. 797 Page 5 The said certificates shall further provide substantially that if default shall be made in payment of such assessments when due, then, at the option of said City of College Station, or its assigns, the whole of said assessment evidenced thereby shall at once become due and payable, and shall be collectible with reasonable attorney's fees and costs of col- lection, if incurred. And said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such property and shall provide in effect if default be made in the payment thereof, the same may be enforced either by sale of the property by the tax assessor and collector of the City of College Station, as above recited, or by suit in any court having jurisdiction. The said certificates shall further recite in effect that all proceedings with reference +o making said improvements have been regularly had in compliance with the law and charter in force and proceedings of the City of College Station, and that all pre -requisites to the fixing of the lien and claim of personal liability evidenced by such certificates have been regularly done and performed, which recitals shall be evidence of the matters and facts so recited, and no further proof thereof shall be required in any court. Said certificates may further provide substantially that the amounts payable thereunder may be paid to the Collector of Taxes of the City, who shall issue his receipt therefor, which receipt shall be evidence of such payment upon any demand for the same, either by virtue of said certificate of any contract to pay the same entered into by the property owner, and that the Collector of Taxes will deposit all sums so received by him forthwith the City Treasurer and upon payment of certificate when due with interest thereon, the City shall surrender the certificate and the City Treasuruer shall pay the amount so collected to the legal owner and holder of said certificate. And the said certificates shall further provide in power, when requested so to do, by the holder of said certificate, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent or appropriate thereto. It shall not be necessary that said certificate shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. VII. The assessments levied by this ordinance for the improvements in each unit are altogether separate and distinct from the assessments in each and every other unit. The assessments for improvements in one unit are in no wise affected by the improvements in, or the assess- ments levied for the improvements in any other unit, and in making and levying assessments, the cost of the improvements in each unit, the benefits by means of improvements and all other matters and things with reference to improvements in each unit have been considered and determined altogether without reference to any such matters in any other unit, and the omission of the improvements in any particular unit in front of property exempt from the lien of such assessments shall in no wise affect or impair the validity of assessments against other property in that unit. VIII. W No mistake, error, invalidity, or irregularity in the name of any property owner, or the description of any property, or the amount of any assessment, or in any other matter or thing, shall in anywise invalidate or impair any assessment, levied hereby or any certificate issued, and any such mistake, error, invalidity, or irregularity, whether in such assessment or in the certificate issued in evidence thereof, may be corrected at any time by the City. ou tm Ordinance No. 797 Page 6 Ix. All assessments levied are a personal liability and charge against the real and true owners of the premises described notwithstanding such owners may not be named, or may be incorrectly named. X. The present condition of said streets and avenues endangers health and safety and it is necessary that said improvements be proceeded with while the weather will permit, and the construction of said improvements is being delayed pending the taking effect of this ordinance, and such facts constitute and create an emergency and an urgent public necessity requiring the rules providing for ordinances to be read more than one time at more than one meeting be suspended, and that this ordinance be passed as and take effect as an emergency measure, and such rules are accordingly suspended and this ordinance is passed as and shall take effect as an emergency measure and be in force and effect immediately from and after its passage. PASSED AND APPROVED this 17th day of December, 1971. APPROVED: Payor ATTES'r: Assistant City Secretary �zz�