HomeMy WebLinkAbout2010-3235 - Ordinance - 02/25/2010ORDINANCE ]VO. 2o1D-323
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, CLOSING THE PUBLIC HEARING; ORDERING IMPROVEMENTS AND
LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR
THE PAYMENT OF A PART OF THE CAST OF A PORTION OF PUBLIC
IMPROVEMENTS IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS T4
WIT: HOLLEMAN DRIVE FRAM ITS INTERSECTION WITH FM 2$1$ TO JONES-
BUTLER ROADWAY WITH SIDEWALKS AND OTHER IMPROVEMENTS; PROVIDING
FOR THE TIME WHEN SUCH ASSESSMENTS BECAME DUE AND PAYABLE;
STIPULATING THE RATE GF INTEREST AND FIXING A CHARGE AND LIEN AGAINST
SAID PROPERTY, MAKING SAID CHARGE A PERSONAL LIABILITY OF THE
PROPERTY OWNERS OW]vING PROPERTY ABUTTING ON SAID STREETS,
PROVIDING FOR THE COLLECTION THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAS, heretofore, Resolution No. O l -14-10-0 l was duly adopted by the City
Council, ordering the improvements, and determining the necessity of levying an assessment
against the owners of property abutting upon the street for imp~~ovements related to same to wit:
Holleman Drive from its intersection with FM 2$1$ and making a connection to the existing
Jones-Butler roadway just east of the Dowling Road Pump Station the "Roadway"} A minor
collector street with associated improvements as set forth in Exhibit "A" attached hereto
incorporated herein and as heretofore determined and approved the Roadway together with all
other improvements set forth on Exhibit "A" are collectively referred to herein as the
"Improvements"}; and,
WHEREAS, plans and specifications, prepared by Mitchell & Morgan LLP, for the
construction of the Improvements, and on file in the City Director of Public Works' Office were
approved and adopted by the City Council; and,
WHEREAS, competitive bids were taken for the constl~~ction of the Improvements, and a
contract was awarded by the City of College Station to Brazos Valley Services, the lowest,
responsible bidder; and,
WHEREAS, the Department of Public Works prepared an estimate of costs, prepared a
description of the nature of the Improvements to be assessed.; the names of the owners of
property abutting the Roadway; the legal description of the property abutting the Roadway; the
number of feet of said properties abutting the Roadway; the amount, or amounts, per front foot
proposed to be assessed against said owners, and the total, proposed assessment against said
properties abutting the Roadway; and,
ORDINANCE N0, 20t0--323 Page 2
WHEREAS, thereafter the estimate was filed with the City Council, and, by them,
examined and approved, and Resolution No. 01-14-10-01 was passed by the said Council, on the
14th day of January, X010, fixing a time and providing for a hearing to such owners, their agents
or attorneys, at which hearing, said owners were to be heard as to the benefits of the
Improvements as to their property, as to any error or invalidity in said proceedings, or to any
matter or thing connected with the Improvements; and,
WHEREAS, thereafter, the Department of Public Works of the City of College Station
gave notice of a public hearing to the property owners on the Roadway, their agents and
attorneys, by causing a notice of said hearing to be published in the newspaper of the City of
College Station, Texas, ~'he Eagle, a daily newspaper of general circulation in said City, three ~3}
times prior to said hearing, the first publication thereof appearing at least twenty-one X21 }days
prior to said hearing, to-wit: the 25th day of February, 2010, and the Director of Public Works or
his designee gave actual notice to said property owners, their agents and attorneys, by mailing a
notice of the public hearing to them at their respective addresses, all in accordance with and as
required bylaw; and,
WHEREAS, said hearing was held at the time and place mentioned in Resolution No. 01-
14-10-01 and notice, to-wit: on the 25th day of February, 2010, at 7:00 o'clock p.m., in the
Council Chamber of the City Hall of the City of College Station, Brazos County, Texas; and,
WHEREAS, at said public hearing, Mark Smith, Director of Public Works, testif ed
briefly as to the nature of the Improvements, and explained the method of apportioning the costs,
and Jo Ann Sette, a licensed real estate broker and appraiser, testif ed that the Improvements to
be assessed would, in each instance, increase the value of such property by more than the cost of
such Improvements to the property owners, and all the property owners, their agents or attorneys,
or other persons desiring to contest the amounts of the proposed assessments; the lien and
liability thereof; the special benef is accruing to abutting property owners by means of the
Improvements to be assessed and for which assessments were levied; the accuracy, suff ciency,
regularity and validity of the proceedings and contract in connection with which the
Improvements and proposed assessments were made, and upon any other matter in connection
with the Improvements to be assessed were heard, and all errors, inaccuracies, deficiencies and
invalidities were, thereupon, corrected and rectif ed by the City Council to end that the amounts
of said assessments were just and equal; now, therefore,
BE IT ORDAINED BY THE CITY C~tJNCIL DF THE CITY DF COLLEGE STATION,
TE~,AS:
PART 1: That the public hearing to consider the proposed assessments to be levied against
abutting owners of the Roadway, or portions thereof, as set forth in Part 3 hereof,
be, and the same is hereby, closed, and all objections to the proposed assessments
be, and the same are hereby, overruled.
GRDINANCE N0. ~0~0-335 Page 3
PART 2: That the City Council hereby finds and determines, upon the evidence heard in
reference to each and every parcel of property abutting upon the Roadway, that the
enhancement in value to accrue to said property, and the real and true owners
thereof, by virtue of the construction of the Improvements, will be in excess of the
amount of the costs of the Improvements proposed to be, and as herein assessed
against said abutting properties and the real and true owners thereof; and finds that
the apportionment of the costs of the Improvements and the assessments herein
below made are just and equitable and produce substantial equality, considering
the benefits received and the burdens imposed thereby, and finds that all
prerequisites to the fixing of the assessment liens against said abutting properties,
as hereinafter described, and the personal liability of the real and true owners
thereof, whether named, or correctly named, herein or not, have been in all things,
regularly had and performed in compliance with the law and the proceedings of
said City Council,
PART 3 ; That, in accordance with V.T.C.A. Transportation Code, Chapter 313, and the
Charter of the City of College Station, and pursuant to the proceedings heretofore
enacted by the City Council in reference to the Improvements, there shall be, and
is hereby, levied an assessment against the parcels of property, hereinafter
mentioned, and against the real and true owners thereof (whether such owners
shall be correctly named herein or not}, the sums of money itemized and shown
opposite the description of the respective parcels of property and the several
amounts assessed against the same, and the owners thereof, as far as such owners
are known, being shown as follows (the Assessed Amounts"~:
IN ACCORDANCE WITH THE PAVING ASSESSMENT RILL
PREPARED BY THE DEPARTMENT 4F PUBLIC WORKS 4F THE
CITY OF COLLEGE STATION, A COPY OF WHICH IS ATTACHED
HERETG AS EXHIBIT "B" AND INCGRP4RATED BY REFERENCE
AS PART 4F THIS ORDINANCE.
PART 4: That, where more than one person, f rm or corporation owns an interest in any
property, above referred to, each said person, firm or corporation shall be
personally liable only for its, his or her prorata share of the total assessment
against such property, in the proportion that 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.
PART 5: That Assessed Amounts assessed against the said parcels of property, and the
owners thereof as shown on Exhibit "B", and interest thereon at the rate of five
ORDINANCE N4. Zplp_~Z35 Page 4
percent ~5%} from and after the time of completion of the Improvements and at
the rate of eight percent ~S%} per annum commencing at the time said cost of the
Improvements shall mature and become due and payable in full to the City as set
forth in this ordinance, together with reasonable attorney's fees and casts of
collection, if incurred, are hereby declared to be, and are made a lien upon the
respective parcels of property against which the same are assessed as shown on
Exhibit "B", and a personal liability and charge against the real and true owners of
such property whether such owners be named herein or not, and the said liens
shall be, and constitute, the first enforceable lien and claim against the property on
which such assessments are levied, and shall be a first and paramount lien thereof,
superior to all other liens and claims, except State, County, School District and
City ad valorem taxes.
PART 6: The cost of any Improvement that is assessed against abutting property and the
owners of the property shall be apportioned among the parcels of abutting
property and the owners of the property in accordance with the front foot rule in
accordance with Chapter 313 of the Texas Transportation Cade. Interest shall
accrue at the rate of five percent ~5%} a year upon completion of the
Improvements. The assessments shall mature and became due and payable in
full, including any accrued interest, within thirty X30} days of ~a} a sale of all or
any portion of the abutting property subject to an assessment levied hereby
(provided, that the calculation of the amount of any assessment due in such an
event shall be made in accordance with Part 7 hereof, or fib} upon passage of five
~5} years after the Improvements have been completed, whichever occurs first
and as further set forth herein. Upon the assessment maturing and becoming due
and payable as set forth herein interest shall accrue at the rate not to exceed the
greater of ~i} eight percent ~8%} a year or iii}the rate payable by the municipality
on its most recently issued general obligation bonds, determined as of date of the
notice provided by the Texas Transportation Cade. Any payments made before
the due date shall be accepted, and may be made in whale or in part at anytime
and used to offset the total amount due including accrued interest. In the event
there is failure to make full payment upon maturity, then at the option of the City
of College Station, ar its assigns, such amount shall be and became immediately
due and payable, and shall be collectible, together with reasonable attorney's fees
and casts of collection, if incurred.
PART In the event some or all of the property assessed is sold within the first five ~5}
years after the Improvements have been completed, payment due shall be
proportionate to the amount of linear footage sold along Holleman Drive to the
total amount of linear footage assessed; and shall include the accrued interest
thereon. Fallowing such sale and upon full payment of the proportionate assessed
amount due pursuant to the provisions of this Ordinance and pursuant to the Front
~RDI]VANCE N~. 2010-3235 Page 5
Foot Rule, seller shall be entitled to receive a release for that portion of assessed
property sold. Such release shall be in written and recordable form from the City
of College Station.
PARTS: That, if default is made in the payment of any of the said sums hereby assessed
against said property owners and their property, collection thereof shall be
enforced, either by the sale of the said property in the manner provided by law for
sale of property for municipal ad valorem taxes, or, at the option of the said City,
the payment of the said sums shall be enforced by suit in any court having
jurisdiction.
PART 9: Upon request in writing of any person whose property is subject to an assessment
levied hereby, the City Clerk of the City of College Station shall provide a written
statement to such requesting party of the then current balance of his or her
assessment including, without limitation, the amount of any interest accrued
thereon.
PART 1 D: Full power to ma1~e and levy reassessments, and to correct mistal~es, errors,
invalidities or irregularities in the assessments is, in accordance with the law in
force in this City, vested in said City.
PART 11: All assessments levied are a personal liability and charge against the real and true
owners of the property described herein, notwithstanding such owners may not be
named, or may be incorrectly named.
PART 12: That the assessments herein levied are made and levied under, and by virtue of,
the terms, powers and provisions of V.T.C.A. Transportation Code, Chapter 313
and Article 11, Section 1 D, of the Charter of the City of College Station, Texas,
which is said law has been adopted as an alternative method for the construction
of street improvements for the City of College Station, Texas.
PART 13: That the assessments so levied are for the improvements in the particular unit or
district upon which the property described abuts, and the assessments for the
improvements in one unit or district are, in nowise, related to or connected with
the improvements in any other unit or district, and, in making assessments and in
holding said hearing, the amounts assessed for improvements in one unit or
district have been, in nowise, affected by any fact, in anywise, connected with the
improvements or the assessments therefore in any other unit or district,
PART 14: That it being the opinion of the City Council that the assessments levied in Part 3
of this ordinance will be adequate for the City of College Station to finance said
QRD~NANCE ND. ~Z~23~ Page 6
improvements, the contract previously awarded to Brazos Valley Services, be, and
the same is hereby, in all things, affirmed and ratified.
PART 15: That, should any portion of this Ordinance be declared void, it is the intention of,
and hereby declared by the City Council, that the balance and remainder of such
Qrdinance, or any parts not void, shall remain in full force and effect as though
separately passed and approved.
PASSED, ADAPTED and APPRQVED this nth day of Feb~p , 20 l o.
APPRQVED:
Mayor
ATTEST:
City Secretary
AP VED:
orney
1~
ORDINANCE N0. 201Q~ Page 7
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