The URL can be used to link to this page

Home My WebLink About1961-0327 - Ordinance - 10/23/1961BOORUM & PEASE " �`�� FI"® ORDINANCE NO. 327 THE STATE OF TEXAS * COUNTY OF BRAZOS On this the 23rd day of October, 1961, the City Council of the City of College Station, Texas, in the above mentioned County, convened in regular session, at the regular meeting place in said City, the following members being present: Ernest Langford Mayor D. A. Anderson Councilman A. P. Boyett Councilman A. L. Rosprim Councilman Carl W. Landiss Councilman Joe H. Sorrels Councilman K. A. Manning City Secretary John Sandstedt City Attorney and passed the following ordinance: AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF CERTAIN PORTIONS OF GLADE AND ORR STREETS IN THE CITY OF COLLEGE STATION, TEXAS, DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT, DETERMINING THAT A PART OF THE COSTS SHALL BE BORNE BY THE CITY OF COLLEGE STATION AND A PART SHALL BE BORNE BY THE ABUTTING PROPERTIES AND THE OWNERS THEREOF, PROVIDING FOR THE ASSESSMENT OF THE PORTIONS TO BE BORNE BY'THE PROPERTY OWNERS, AND FOR THE FIXING OF A LIEN TO RECEIVE PAYMENT OF SUCH ASSESSMENTS, STATING THE TIME OF PAYMENT OF SUCH COSTS, DIRECTING THE CITY MANAGER TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZOS COUNTY, TEXAS, AND DECLARING AN EMERGENCY. WHEREAS, the City of College Station, at an election duly had and held for that purpose on the 8th day of January, 1952, adopted the 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, to- gether with existing amendments and all such amendments since that time made, and acts supplementary thereto; and WHEREAS, the present condition of the proposed Glade Street endangers health and safety, and it is necessary that the improvement thereof be pro- w ceeded while the weather will permit and such improvements will be delayed 0, pending the passing and taking effect of this ordinance, and such facts con- esstitute and create an emergency; Q.. dS THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: CC o 00766 m BOORUM & 0 I.t � 93 I That the hereinafter -described portion of Glade Street in the said City be improved by raising, grading and filling the same, installing curbs and gutters on proper grade and line, and by paving and installing drains, inlet and storm sewers where same may be provided for in the plans and specifica- tions to be adopted by the City Council, all together with necessary incidentals and appurtenances, Said portion of said street being described as follows: FIRST PORTION: The extension of Orr Street from Ernest Langford Street, approximately 200 linear feet to Glade Street. SECOND PORTION: That half of Glade Street adjoining the Frankling D. Lawyer property in the Knoll Subdivision, approximately 290 linear feet. THIRD PORTION: That half of Glade Street adjoining the Woodson Village, First and Second Installments, approximately 615 linear feet. FOURTH PORTION: That half of Glade Street adjoining the Steve Holick 3 3/4 acre tract approximately 266:linear feet. II This part of said street herein ordered improved shall be and constitute a separate and independent unit and assessments herein provided for shall be made for the improvement of such unit according to the costs of such improve- ment. III The portion of Glade Street herein provided for shall be paved with the following materials, to -wit: Six (6) inch compact.depth gravel base with a one (1) inch plant mix Surfacing. 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 hereinabove mentioned. IV The costs of the improvements to this section shall be paid as follows: (a) All the costs of making and constructing improvements in the areas designated shall be assessed against the owners of abutting property who shall pay Three and No/100 ($3.00) Dollars per front foot to pay their pro - rata share of the cost of paving and the constructing of curbs in front of their respective properties and not exceeding three-fourths (3/4) of all the remaining cost of the improvements. 00767 BOORUM & PEASE " BOORUM & PEASE -y/ (b) After deducting the $3.00 per front foot assessed against the abutting property owners and not more than 3/4 of all remaining costs of the improvements, 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 imprdvements 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 improvements upon which such property abuts and until paid at the rate of eight per cent (8%) per annum, interest being payable annually, In the event the abutting property owners fail to pay the entire assessment when the work is completed and accepted, as provided herein, same shall be collectible with interest, reasonable attorney's fees and costs of collection, if incurred. Provided that no assessment shall be levied in any case until after notice and hearing, as provided by the law and charter in force in the City of College Station, and the proceedings in the City with reference thereto, and no assessments 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 hearing. V In making assessments, 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. VI The omission of improvements from in front of any property exempt under the law in force in the City by lien or special assessment for street improvements shall not affect or impair the validity of assessment against property in front of which improvements may be constructed. VII The City Manager is hereby directed to cause to be prepared a notice of enactment of this ordinance and to file said notice with the County Clerk of Brazos County, Texas, among the Deed of Trust Records of said County. VIII The fact that the street and portions thereof to be improved as herein BOORUM & PEASE " ISIS -513 R" ® provided for is in bad and dangerous condition and should be improved with- out delay creates an emergency and imperative public necessity for the immediate preservation of the public peace, health, and safety and general welfare, and because of the foregoing, it is ORDERED that this ordinance be passed as, and take effect as an emergency measure that same shall be in full effect immediately and after its passage. PASSED AND APPROVED this 23rd day of October, 1961. ATTEST: q444,1-171)7' r City Secreta APPROVED: Mayor 00769