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HomeMy WebLinkAbout1988-1749 - Ordinance - 05/26/1988ORDINANCE NO. 1749 AN ORDINANCE AMENDING CHAPTER 3, SECTION 5, SUBSECTIONS F(2) AND F(3), ASSESSMENTS FOR STREET CONSTRUCTION, OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City Council of the City of College Station found that Chapter 3, Section 5, Subsection F(2) and F(3) were unclear. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that: Chapter 3, Section 5, of the Code of Ordinances of the City of College Station is hereby amended as to subsection F(2) and sub- section F(3) to provide as follows: F. ASSESSMENT FOR STREET CONSTRUCTION (2) Two public hearings shall be held in the construction and assessment process. The first public hearing shall be held prior to the construction of any street, and shall be for the purpose of determining whether or not to im- prove the street as proposed. Notice shall be given by first class mail to the owners of all lots abutting the streets or portions of the streets which are proposed to be paved. The second public hearing shall be held in accordance with the provisions and requirements of the above -referenced statute and shall be for the purpose of assessing the abutting lot owners, and determining the amount of such assessments with due consideration to the special benefits conferred upon such lots. Subsequent to the second hearing, the City Council shall consider and adopt an ordinance determining the special benefit to each lot and the amount of the assessment for each lot. Such assessment shall be due and payable upon completion and acceptance of the street unless otherwise specified in the ordinance. Upon application by the landowner, the assessment may be made in five (5) equal installments with interest as allowed by law over a five (5) year per- iod. All assessments shall bear interest at the highest rate allowed by law for such assessments from the date due and payable. 005272 (3) Unless special circumstances are found to exist and set forth in the assessment ordinance, the City will pay one- third (1/3) of the paving costs of the street. The re- maining two -third (2/3) paving costs will be paid by the abutting property owners proportionately on a per foot frontage basis. Further, in the event that the curb and gutter are constructed and installed, each abutting prop- erty owner shall pay one hundred percent (100%) of the per side cost of curb and gutter of each abutting lot. PASSED, ADOPTED, and APPROVED this 26th day of May, 1988. ATTEST: city Secre ry ' APPROVED: 005273