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HomeMy WebLinkAbout1981-1325 - Ordinance - 10/22/1981n ORDINANCE NO. 1325 AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF POPLAR BETWEEN EISENHOWER AND TURNER STREETS AND MACARTHUR STREET BETWEEN COONER STREET AND EAST UNIVERSITY DRIVE; PROVIDING THE NECESSARY MATTER INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR, AND DE- CLARING AN EMERGENCY. WHEREAS, the City of College Station, at an election duly had and held for the pur- pose on the 8th day of January, 1952, adopted and benefits, terms and provisions of Chapter 106, 40th Legislature, First Called Session, Acts 1927, being Article 1105 -B, Vernon's Annotated Civil Statutes of Texas, together with existing amend- ments and all such amendments since that time made, and acts supplementary thereto; and WHEREAS, the 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, TEXAS: 1. That the herein below mentioned portions of streets be improved by raising, grading, and filling the same, installing curbs and gutters where adequate curbs and gutters are not already installed on proper grade and line, and by paving and installing drains, inlets and storm sewers where same may be provided for in the plans and specifications to be adopted by the City Council, all together with necessary in- cidentals and appurtenances, said portions of streets and places being as follows, to -wit: Commencing at the Intersection with Turner Street; Poplar Streets thence in an easterly direction along Poplar Street to its intersection with Turner Street; also commencing at the intersection of Cooner and Macarthur Streets thence in a southerly direction along Macarthur Street to its intersection with East University Drive. 0 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 improvements in that unit and according to the benefits arising from the improvements in that unti and independent of the cost of and of the benefits arising from the improvements in the other units. 0 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 and one -half (1 -2) inch plant mix surfacing, or four (4) inch black base and one and one -half (1 - 1 2) inch plant mix surfacing. _ le Ordinance No. 1325 PAGE 2 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 herein -above mentioned. The cost of the improvements in each district or unit shall be paid as follows: (a) The cost of making and constructing improvements in areas designated shall be assessed against the owners of abutting property who shall pay their owners of abutting property who shall pay their pro -rata share of two thirds of the cost of the paving and construction of curbs in front of the respective properties. (b) 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 improve- ments 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 improve- ments upon which such property abutts and until paid at the rate of ten percent (10 %) 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 pro - vided attorney's fees and cost of collection, if incurred, provided that no assess- ment shall be levied in any case until after notice and hearing, as provided by 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. 4. In making assessment, 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. 5. The omission of improvements in any unit shall not affect the validity of the assess- ments for improvements in any other unit, and the omission of improvements in front of any property exempt under the law in force in the City from lien of special assessment for street improvements shall not effect or impair the validity of assessments against property in front of which improvements may be constructed. 6. The conditions of said streets and avenues endanger 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 &bf this Mw ORDINANCE NO. 1325 Page 3 ordinance, and such facts constitute and create an emergency and 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 the 22nd day of October 1981. APPROVED: Gary -g ATTEST: 'Oex 40 Glenn Schroeder, City Secretary "voa;4