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HomeMy WebLinkAbout1981-1328 - Ordinance - 11/12/1981ORDINANCE N0. 1328 7 M AN ORDINANCE DETERMINING TO ASSESS A PART OF THE COST OF IMPROVING PORTIONS OF MACARTHUR AND POPLAR STREETS IN THE CITY OF COLLEGE STATION, TEXAS, AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF; ADOPTING ENGINEER'S ROLLS; PROVIDING FOR NOTICE OF HEARING. 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 therefore, said portion of said street being as follows, to wit: all that certain portion of Macarthur and Poplar Streets as described as follows: See Ordinance No. 1208. The improvements to these streets shall consist of a six (6) inch crushed limestone base, with one and one half (1 112) inches 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 Council has determined to assess a portion of a 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 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 on said portions 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. �SUA 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 parcels of property and the owners thereof, the other matters and things as shown on said rolls or statements being as follows, to wit: MACARTHUR STREET NAME /OWNER DESCRIPTION FRONT ASSESSMENT FOOTAGE Joe W. Templeton Lot 1 Block 5 154' 2,530.22 Cooner Addition Anthony Caporina Lot 1 Block F 461' 7,574.23 College Heights Charles E. Harris Jr. Lot 5 Block 4 154' 2,530.22 Cooner Addition George Green Lots 8, 8A & 9 100' 1,643.00 Block D College Heights INOSO Inc. Lot 7 Block D 50' 821.50 c/o John Holland College Heights Dorothy B. McCrory Lots 4, 5 & 6 150' 2,464.50 Block D College Heights Tri County Teachers Lots 1, 2 & 3 161' 2,645.23 Block D College Heights POPLAR STREET Gerald W. Hutzman Four 0 Four 140' 2,251.20 University Ed Pilger Inc. Lots 4, 5, 6 & 7 200' 3,216.00 Block A College Vista Thomas H. Williams Lot 1 Block B 60' 964.80 College Vista Walter Smith Lot 2 Block B 55' 884.40 College Vista v3u"A',S PAGE 3 �4w POPLAR STREET NAME /OWNER DESCRIPTION FRONT ASSESSMENT FOOTAGE A. J. Richards Lot 3 Block B 55' 884.40 College Vista Daurent Bouchard Lot 4 & 5 of 5 55' 884.40 Block B College Vista Robert G. Nash 60' of Lot 5 53' 852.24 Block B College Vista Stewert McConnel Lot 1 & 20' of 2 57' 916.56 Block D College Vista A. R. Davis Jr. 30' of Lot 2 & 30' 60' 964.80 of 3 Block D College Vista Howard C. Nelson 20' of Lot 3 & 40' 60' 964.80 of 4 Block D College Vista B. H. Nelson Jr. Lot 5 & 10' of 4 60' 964.80 Block D College Vista David Hobson Lots 6 & 6 100' 1,608.00 Block D College Vista Grady N. Arnold Jr. Lot 1 Block C 60' 964,80 College Vista Ronald A. Lewis Lot 2 Block C 55' 884.40 College Vista Clinton H. Smith Lot 3 Block C 55' 884.40 College Vista 03546 PAGE 4 POPLAR STREET NAME /OWNER DESCRIPTION FRONT ASSESSMENT FOOTAGE Elizabeth S. Arnold Lot 4 Block C 55' 884.40 College Vista Charles H. Slade Lot 5 Block C 58' 932.64 College Vista Where more than one person, firm or corporation owns as 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 by and before the governing body of the City of College Station, Texas on the 10th day of December, 1981, at 7:00 P.M. at the City Council Chambers of the City Hall of the City of College Station, Texas for the owners of the respective parcels of property and for all others 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 invaliditigs in any of the proceedings with reference to the making of said improvements, or assessments therefor may be corrected 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 all others 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 mistakes, irregularity or invalidity in any proceedings with reference to said assessments, such improvements or to the contracts therefor and as to any 03547' PAGE 5 other matter or thing 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 assess- ments 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 interested or affected may subpoena witnesses and introduce evidence and have the right to appear and be heard. M 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 (30) after the 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 ten percent (10 %) per annum, payable annually, provided further that if default be made in the payment, the entire assessment shall be collectible together with reasonable attorney fees and costs of collection 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 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 (10) 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 others in anywise interested therein or to be affected thereby, shall be and are notified and no error or mistake in the name of any property owners, in the description of any property or in the amount of any proposed assessment shall be anywise affect or invalidate such notice of 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 of such hearing by causing a substantial copy of this ordinance 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. 03548 PAGE 6 M PASSED AND APPROVED this the 12th day of November 1981. Tar ATTEST G16nln Schro d r, Ci — ec 4 re - it — ar U3543 APPROVED