HomeMy WebLinkAbout1978-1109 - Ordinance - 04/27/1978ORDINANCE NO. 1109
AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING A PORTION
OF RICHARDS STREET, 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 portion of a 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 Richards Street described as follows:
Camiencing at the intersection of Richards Street and Lassie Lane,thence
in a north --easterly direction along Richards Street for a distance of
1,192 feet.
The improvements to Richards Street shall consist of a four (4) inch
asphaltic stabilized gravel base, with a one (1) inch hot mix asphaltic
surface course; complete with concrete curbs and gutters to a width,
measured from back to back of 28 feet, as provided in said plans and
specifications; and
WHEREAS, the City of College.--Station-has entered into.a contract with Young
Brothers, Contractor,.Inc. in the amount of $32,213.55 for the improvements
of said Richards Street, 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 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.
MTMORE, 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 on said portions of streets against abutting property there-
on 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
029z1
ORDINANCE NO. 1109
Page 2
city, and as provided by Acts of 1927, 40th Legislature of the State of Texas,
First Called Session, Chapter 106, Page 489, as amended, conmonly Down 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 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
Dorsey McCrory Lots 15 A&B 331.75 $2654.00
2109 Langford Lots 16 A&B
College Station Lots 17 A&B
Cruse Corporation
Lots
18 A&B 104.40 835.20
P.O. Box 9905
College Station
W.R. Newton
Lots
19 thru 25 730.8 5846.40
Box 795
Cameron, Texas 76520
Dorsey McCrory, et al
Lots
42 A&B 1166.95 9335.60
2109 Langford
Lots
43 A&B
College Station
Lots
44 A&B
Lots
45 A&B
Lots
46 A&B
Lots
47 A&B
Lots
48 A&B
Lots
49 A&B
Lots
50 A&B
Lots
51 A&B
Lots
52 A,B & C
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 llth day of May , 1978, 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 them-
selves to be heard shall have been fully and fairly heard, and atn jaring
ORDINANCE NO. 1109 Page 3
any mistake, irregularities or invalidites 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 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 amount§ assessed, or as to any
mistakes, 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 subpeona
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 assess-
ments shall bear interest from date of such completion and acceptance until paid
at the rate of eight per cent (87o) 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 assess-
ment 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 inde-
pendent 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 streets 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 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 portions of said
streets and avenues, whether such owners be named herein or not and whether the
property be correctly described herein or not, as well as to all of .9,44 nywise
ORDINANCE NO. 1109 Page 4
interested therein or to be affected thereby, shall be and are duly notified
and no error or mistake in the name of any property owners, in the descrip-
tion 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 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 each 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 public-
ation 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
from and after its passage.
PASSED AND APPROVED this 2 7 t h day of April, 1978.
ATTEST
City Secretary
OPM
AP VED
Mayor
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