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HomeMy WebLinkAbout1947-0105 - Ordinance - 08/18/1947ORDINANCE NO. 105 AN ORDINANCE APPROVING AND ADOPTING THE CITY ENGINEER'S WRITTEN STATEMENT AND REPORT OF THE ESTIMATE OF THE TOTAL COST OF THE WHOLE IMPROVEMENT, COST PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE TRUEOWNERS THEREOF, FOR CURBS AND GUTTERS, AND THE COST PER FRONT FOOT OF SAID IIIPPROVEMENTS EXCLUSIVE OF CURBS AND GUTTERS, AND THE TOTAL COST PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE TRUE OWNERS THEREOF, TOTAL COST TO BE PAID BY SAID ABUTTING PROPERTY AND THE TRUE OWNERS THEREOF, TOTAL COST TO BE PAID BY THE CITY OF COLLEGE STATION, TEXAS, FOR THE IMPROVEMENTS OF C00NER STREET FROM THE RIGH OF WAY OF HIGHWAY NO. 6 TO THE NORTH BOUNDARY LINE OF THE CITY LIMITS OF THE CITY OF C00LEGE STATION, TEXAS, AND STATEMENT OF PERSONS, FIRMS, CORPORATIONS AND ESTATES OWNING PROPERTY ABUTTING ON SAID STREET, WITHIN SAID LIMITS, NUMBER OF FRONT FEET OWNED BY EACH AND DESCRIPTION OF THEIR PROPERTY; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY SAID ABUTTING PROPERTY AND THE TRUE OWNERS THEREOF, AND THE CITY OF COLLEGE STATION, TEXAS, AND DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY AND THE TRUE OWNERS THEREOF FOR SAID PORTION OF SAID COSTS; ORDERING AND SETTING A HEARING AT 5 O'CLOCK P. M. ON FRIDAY, AUGUST 29, 1947 IN THE CITY OFFICE OF THE CITY OF COLLEGE STATION, TEXAS, AS THE TIIviE AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE ASSISTANT CITY SECRETARY OF THE CITY OF COLLEGE STATION, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS. WBEPEAS, the City Counoil of the City of College Station, Texas heretofore on August 18, 1947, by duly enacted ordinance, determined the necessity for, and ordered the improvement of Cooner Street from the Right of Way Line of Highway No. 6 to the north boundary line of the City Limits, within the limits therein defined and hereinbelow set out, by excavating, raising, grading and filling the same and installing concrete curbs and gutters where necessary, and other incidentals and appurtenances and by paving same with one of the materials therein named, which material for said paving has since been duly selected by said City Council to be 1" Rock Asphalt on 6" Compacted Base; and WHEREAS, the said City Council has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against the property abutting said street to be improved, and the true owners thereof, and said City Engineer has hereto- fore filed said estimates and a statement of other matters relating thereto, with said City Council, and same have been received and examined by said City Council; and WHEREAS, in accordance with s aid statement of estimates and other matters prepared and filed by said City Engineer, herein approved by said City Council, the estimated total oast of the whole improvement on said street or portions thereof to be improved within the limits defined is $8,667.00, the estimated amount per front foot to be assessed against each abutting property and the true owners thereof for curbs and gutters is $1.35 per lineal foot; the estimated amount per front foot to be assessed against each abutting property and the true owners thereof for the construction of said improvements exclusive of curbs and gutters is $1.40 per lineal foot; the total estimated amount per front foot to be assessed against each abutting property and the true owners thereof is $2.75, the estimated total cost of said improvements to be paid by the City of College Station, Texas, is $1,242.00, the estimated total cost of said improvements to be paid by said abutting property and the true owners thereof is $7,425.00; and, WHEREAS, it is found that there is no railway, street railway or interurban using, occupying or crossing said street or the portion thereof to be improved; and; 00247 WHEREAS, according to said written statement of said City Engineer, the names of the owners of said abutting property, the number of front feet owned by each, the description of their property, and other matters contained in said statement are as follows, to wit: Property Owner Block Lot No. No. Property Frontage Lin. Ft. I. P. Cooner 1 3. 100 R. L. Redden 1 2 65 F. M. Neville 1 3 65 C. L. Hearne 1 4 65 P. P. Bishop 1 5 65 W. G. Heartsfield 1 6 65 George R. Willis 1 7 65 C. F. Gent 1 8 65 Roy Hagler 1 9 '65 J. M, Randles 3. 10 71 L. L. Tobola 1 11 65 S. R. Breedlove 1 12 65, J. E. Hickson 1 13 65 Karl Elmquist 1 14 65 H. D. Mayberry 1 15 65 W. W. Richards 1 16 65 E. E. Wilson 1 17 69 I. P. Cooner 1 18 69 I. P. Cooner 1 19 71 I. P. Cooner 1 20 57.5 I. P. Cooner 2 1 100 J. T. Atkins 2 2 65 R. A. Milwee 2 3 65 J. D. Galbraith 2 .4 65 J. B. Hooker 2 5 65 Leslie G. Tingle 2 6 s R. R. Blades 2 7 50 ----- I. I. P. Cooner 2 8 50 Floyd Godwin 2 9 65 P. N. Mann 2 10 106 T. F. Kidd 2 11 69 S. W. Smith 3 1 65 J. Creager 3 2 65 R. S. Holmes 3 3 65 Sam P. Duncan 3 4 50 H. J. Dubuisson 3 5 50 John Kincannon 4 1 52.2 D. E. Coldiron 4 2 52.2 I. P. Cooner 4 3 56.9 I. P. Cooner 4 Pt. 4 27.8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That the written statement and report of the City Engineer heretofore filed with the City Council, showing the estimate total cost of the whole improvement of said street within the limits above defined, the 00248 estimated amount per front foot proposed to be assessed against said abutting property and the true o hers thereof for said improvements exclusive of curbs and gutters, the total estimated amount per front foot proposed to be assessed against said abutting property and the true owners thereof for said improvements, the total estimated cost of said improvements to be paid by said abutting property and the true owners thereof, the total estimated cost of said improvements to be paid by the City of College Station, Texas, and the names of persons, firms, corporations and estates owning or purporting to own property abutting on said street within the limits above defined, with the number of front feet owned by each and the description of their property, having been received and examined by the City Council, said report is hereby in all things approved and adopted. Section 2. That a portion of the costs of said improvements shall be paid and defrayed by the City of College Station, Texas, and that a portion of the costs of said improvements shall be paid and assessed against the property abutting upon said street within the limits defined, and against the real and true owners thereof in accordance with, and in a manner provided by the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, and known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, and that the total cost of said improvements shall be, and are hereby, apportioned between said parties and shall be paid and defrayed as follows: (a) The property abutting on said street within the limits above defined and the real and true owners thereof shall pay the total cost of construction, reconstruction, repairing and realigning curbs and gutters in front of their respective properties, and shall pay an amount not to exceed nine -tenths (910) of the cost of the remaining improvements on said street or portion thereof within said limits above defined, exclusive of that portion of said cost referred to and described in subsection (b) of this section, said costs being at the rate of, and in the amount, as set out above, and said portion of said cost for such improve& ments shall be assessed against said abutting property and the real and true owners thereof; provided, however, that no amount shall be assessed against any such abutting property or the real and true awners thereof in excess of the bene- fits to said property in the enhanced value thereof by reason of said improvements, and that said cost which may be assessed against such property and its real and true owners shall be in accordance with the "Front Foot Rule or Plan" in proportion as the frontage of such property is to the frontage to be improved; provided, that if it shall appear at the hearing on Special Benefits, hereinafter provided for, that the application of such rule or plan will result in inequality or injustices, then such rule or plan of apportionment shall be applied, as will in the opinion of the City Council produce substantial justice and equality between respective parcels of property and the true owners thereof, considering the special benefits in enhanced value to be received and burdens imposed, all in accordance with and as provided for in said Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, as hereinafter identified. That the amounts payable by the real and true owners of said abutting property shall be paid and become payable in five (5) equal installments, one in thirty (30) days after the completion of said improvements and the acceptance thereof by the City of College Station, Texas, and another installment in a like amount in one; two, three and four years from and after the date of said acceptance, together with interest thereon from said date of acceptance at the rate of eight (8) per cent per annum, payable annually; but said property owners shall have the privilege of paying any and all of said installments before their maturity by a payment of the principal and accrued interest to date of said payment. 00249 (b) The City of College Station, Texas shall pay the whole cost of improving the intersection of said street with Highway No. 6, and shall pay not less than one-tenth (1/10) of the remaining cost of said improvements, said costs being in the amount as hereinabove set out. Section 3: That a hearing be given to the real and true owners and all owning or claiming any interest in any property abutting upon said portion or claiming any interest in any property abutting upon said portion of said street within the limits above defined, and to all others owning, claiming or interested in said property or any of said matters as to the assessments and to the amount to be assessed against each parcel of property and the real and true owners thereof, and as to the benefits to said property to be received from said improvements, if any, or concerning any error, invalidity, irregularity or deficienoy in any proceeding or contract with reference thereto, or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of said City izi the City Office in the City of College Station, Texas, at 5 o'clock P. M. on Friday, the 29th day of August, A. D., 1947, at which time all persons, firms, corporations or estates, owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, or persons interested in said proceedings are notified to appear and to be heard in person or by counsel and may offer evidence; and said hearing shall be adjourned from day to day and from time to time and kept open until all protests have been duly heard; and the Assistant City Secretary of the City of College Station, Texas, is hereby ordered and directed to give notice of said hearing by publication hereof in the official newspaper of the City of College Station, Texas; said notice shall be published at least three times in said newspaper before the date set for said hearing, the first of which publications shall be at least ten days prior to the date of said hearing, and such notice by publication shall be valid and sufficient without any further form of notice, all as provided for and in accordance with the terms and provisions of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, and known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas. Section 4: That following such hearing as above provided, assessments will be levied against said abutting property and the real and true owners thereof for that portion of the cost of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, and such assess- ments when levied shall be a personal liability of the real and true owners of said abutting property, and a first and prior lien upon said abutting property. In levying said assessments, if the name of any owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate, or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any such owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof, but nevertheless the real and true owner of said abutting property shall be liable and the assessment against said property shall be valid whether or not such owner be correctly named. Section 56 The fact that the above mentioned street is in bad condition and the same should be improved immediately, creates a public emergency requiring that this ordinance be passed finally on the date of its introduction, and the Mayor having in writing declared the existence of such emergency and requested such 00230 cS - 5 - passage, this ordinance shall be passed finally on the date of its introduction, this 18th day of August, A. D.,'1947, and shall take effect immediately upon its passage and approval by the Mayor. Passed this 18th day of August, A. D., 1947. Councilman Harrington voting Aye. Councilman Black voting Aye. Councilman Brawn voting Aye. Councilman Badgett voting Aye. Approved this 18th day of August, A. D., 1947. Attest: City Secretary Mayor, City of College Station, Texas 0025j