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Home My WebLink About1963-0364 - Ordinance - 03/25/1963BOORUM & PEASE "N. BOORUM & PEASE "NdIT R" ORDINANCE NO. 364 THE STATE OF TEXAS 0 COUNTY OF BRAZOS On this the 25th day of March, 1963, the City Council of the City of College Station, Texas, convened in regular session in the regular meeting place in said city, and a quorum thereof, Ernest Langford Mayor J. H. Sorrels Councilman D. A. Anderson Councilman C. W. Landiss Councilman A. P. Boyett Councilman A. L. Rosprim Councilman K. A. Manning City Secretary being present and passed the following ordinance: AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF ASHBURN AVENUE FROM LINCOLN AVENUETOFRANCIS DRIVE AND SHETLAND STREET FROM PERSHING AVENUE TO LEE STREET IN THE CITY OF COLLEGE STATION, PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR, AND DECLARING AN EMERGENCY. Councilman Anderson moved and Councilman Sorrels seconded that the ordinance be passed and adopted upon its reading and carried by unanimous vote. The mayor then declared the ordinance finally passed. The ordinance follows: AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PORTIONS OF ASHBURN AVENUE FROM LINCOLN AVENUE TO FRANCIS DRIVE AND SIiETLAND STREET FROM PERSHING AVENUE TO LEE STREET IN THE CITY OF COLLEGE STATION, PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR, 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, together with existing amendments and all such amendments since that time made, and acts supplementary thereto; and WHEREAS, the present condition of said streets endanger 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: BOORUM & PEASE "®R" ORUM & PEASE THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I That the hereinbelow mentioned portions of streets in said City 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 incidentals and appurtenances said streets being as follows, to wit: COMMENCING at the intersection of Ashburn Avenue and Lincoln Avenue thence in a southerly direction along Ashburn Avenue until same intersects Francis Drive, COMMENCING at the intersection of Shetland Street and Pershing Avenue thence in an easterly direction along Shetland Street until same intersects with Lee Street. II 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 improvements of said unit according to the cost of the improvement of that unit and according to the benefits arising from the improvements in that unit. III That portion of said street or places herein ordered improved shall be paved with the following materials, to wit: Six (6) inch compact depth of limestone 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 cost of the improvements in said districts or units shall be paid as follows: (a) All the cost of making and constructing improvements in the area designated shall be assessed against the owners of abutting property who shall pay Three and No/100 Dollars ($3.00) per front foot 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 of all the remaining cost of the improvements. (b) After deducting the Three and No/100 Dollars ($3.00) per front foot 00880 BOORUM & PEASE " i R" BOORUM & PEASE "N.J Fe" assessed against the abutting property owners and not more than 3/4ths of allthe 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 improvements 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 payable annually. In the event the abutting property owners shall 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 in front of any property exempt under the law in force in the City from lien of special assessment for street improvement shall not affect or impair the validity of assessments against property in front of which improvements may be constructed. VII The condition of said street and avenue 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 effect of this ordinance, and such facts constitute and create an emergency and an urgent public necessity, and because of the foregoing, it is ordered that this ordinance be passed as and take BOORUM & PEASE BOORUM & PEASE f N J R" ® effect as an emergency measure and that same shall be in full force and effect immediately from and after its passage. PASSED AND APPROVED this 25th day of March, 1963. APPROVED: ATTEST: '7,27t://4- City 7 / t:/47 -City Secretary hi�5r L.�Ny�rZ.o Mayor 60082