HomeMy WebLinkAbout1974-0941 - Ordinance - 08/26/1974ORDINANCE NO. 941
THE STATE OF TEXAS X
COUNTY OF BRAZOS X
On this the , the City Council of the City of College
Station, Texas, convened in regular session in the regular meeting place of said
city, and a quorum thereof:
being present, and the following absent, to wit:
and passed the following ordinance:
AN ORDINANCE APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR IMPROVEMENT
OF CERTAIN PORTIONS OF THOMAS STREET; DIRECTING ADVERTISEMENT OF BIDS FOR SUCH
IMPROVEMENTS; AND DECLARING AN EMERGENCY.
WHEREAS, the governing body of the City of College Station, by ordinance
passed the , ordered and provided for the improvement of
certain portions of Thomas Street and defined and designated in said ordinance
as the District to include the streets commencing at the intersection of
Thomas Street and Dexter Drive, thence in a southwesterly direction along
Thomas Street until same intersects Hereford Drive; and
WHEREAS, the City Engineer has prepared and filed with the governing body
of the city, plans and specifications for such improvements and same have been
examined and in all respects, approved; and
WHEREAS, that present condition of said streets endangers 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 passing and
taking effect of this ordinance and such facts constitute and create an emergency;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
1. That said plans and specifications prepared by the City Engineer and
now on file with the City be and the same are hereby adopted and approved.
2. That the City Manager be and he is hereby directed to advertise for sealed
competitive bids for the making and construction of such improvements, such
advertisement to be made by causing notice to be published in a newspaper
published in and of general circulation in the City of College Station, Texas,
such publication to be made at least two times, and the first publication
to be made at least fourteen days before the date stated therein for the
receipt of bids. Such publication shall be made in such papers and circu-
lation as the City Manager may deem desirable, but publication in such
newspaper in the City of College Station shall be sufficient whether or not
any other notice or advertisement be given or made.
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ORDINANCE NO. 941
Page 2
COMMEENCING at the intersection of Thomas Street and Dexter Drive thence
in a southwesterly direction along Thomas Street until same intersects Hereford Drive.
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 arising 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 streets herein ordered improved shall be paved with the
following materials, to -wit:
Six (6) inch compacted depth of flexible base, as specified by the City
Engineer, with a one (1) inch plant mix surfacing, or four (4) inch black base
and 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.
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
designated shall be assessed against the owners of abutting property who
shall pay Four and No/100 Dollars ($4.00) 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.
(b) After deducting the Four and No/100 Dollars ($4.00) per front foot
assessed against the abutting property owners, the remaining costs 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 owners 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 payable annually. In the event the
abutting property owners shall fail to pay the entire assessment when the work is
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 enhanced value by means of the improvements for which assessments
are levied, as ascertained at such hearings.
ORDINANCE NO. 941
Page 3
IV.
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 mentioned shall
be liable and the assessments against the property shall be valid, whether or not
such owners be named.
V.
The omission of improvements in any unit shall not affect the validity of
the assessments for improvements in anh other unit, and the omission of improve-
ments 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 improvements may
be constructed.
VI.
The conditions of said streets and avenues endangers health and safety
and it is necessary that the improvements thereof be proceeded with while the
weather will permit, and such improvements are being delayed pending the passing
and taking effect of this ordinance, and such facts constitute and create an
emergency and an urgent public necessity, and because of the foregoing, it is
ordered that this ordinance be passed as and take effect as, an emergency measure,
and that the same shall be in full force and effect immediately from and after
its passage.
PASSED AND APPROVED this 26th day of August, 1974.
APPROVED
/( �') G% I /X�
Mayor
ATTEST
City Secretary
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