HomeMy WebLinkAbout2004-2743 - Ordinance - 08/26/2004ORDINANCE NO. ~
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 COST OF A PORTION OF THE FOLLOWING
STREET IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, TO-WIT
Longrmre Drive- from its cun'ent termination at Graham Road to its southern termination at
Cypress Meadows Subdivision-48' wide street from back of curb to back of curb with (2)- 6'
wide sidewalks; as further described in Exhibit "A" attached herelo
PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND
PAYABLE; STIPULATING THE RATE OF INTEREST AND FLXING A CHARGE AND
LIEN AGAINST SAID PROPERTY, MAKING SAID CHARGE A PERSONAL LIABILITY
OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS,
PROVIDING FOR THE COLLECTION THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAS, heretofore, a resolution 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 streets above named, as heretofore determined and approved, and,
WHEREAS, plans and specifications, prepared by Walton and Associates Consulting Engineers,
Inc., for the construction of said improvements, and on file in the City Engineer's Office were
approved and adopted by the City Council; and,
WHEREAS, competttive bids were taken for the construction of said ~mprovements, and a
contract was awarded by the City of College Station to Fuaua Construction, the lowest,
responsible bidder, and,
WHEREAS, the Department of Public Works, p~pared an estimate of costs, prepared a
description of the streets to be improved; the names ofthe owners of property abutting said street
to be improved, the legal description of the property abulttng smd streets to be improved; the
number of feet of said properties abutting said streets to be improved; the amount, or amounts,
per fronl foot proposed to be assessed against said owners, and the total, proposed assessment
against said properties abutting the slreets to be improved; and,
WHEREAS, thereafter the estimate was filed with the City Council, and, by them, examined and
approved, and a resolution passed by the said Council. on the 22nd day of July, 2004, fixing a
time and providing for a hearing to such owners, their agents or attorneys, at which hearing, said
owners were Io be heard as to the benefits of thc said improvements as to their property, as to any
error or invalidity tn said proceedings, or to any matter or thing connected with said
improvemenls, and,
WHEREAS, thereafter, thc Department of Public Works of the City of College Station gave
notice of pubhc hearing to the property owners on said street, their agents and attorneys, by
causing a notice of said hcanng to be published in the newspaper of thc City of College Station.
Texas, The Eagle, a daily newspaper of general circulation in said City. three (3) times prior to
said hearing, the first publication thereof appeanng at least twenty-one (21) days prior to said
heanng, to-wit- the 3rd day of Aur,usl, 2004, and thc City Engineer gave actual notice to said
property owners, their agents and attorneys, by mmhng a notice of the public heanng to them at
their respective addresses, all in accordance with, and as required by, law; and,
WHEREAS, said hearing was held, at the time and place mentioned in said resolution and notice,
to-wit: on the 26th day of August, 2004, at 7:00 o'clock pm., in the Council Chamber of the City
Hall of the City of College Station, Brazes County, Texas; and,
WHEREAS, at said public heanng, Bob Mosley, P.E., City Engineer, testified briefly as
to the nature of the improvements to be constructed, and explained the method of apportioning
the costs, and Jo Ann Sette, a licensed real estate broker and appraiser, testified that the
improvements to be placed abutting the properties involved 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 benefits accruing to
abutting property owners by means of the improvements for which assessments were lev~ed; the
accuracy, sufficiency, regularity and validity of the proceedings and contract in connection with
which such improvements and proposed assessments were made, and upon any other matter in
connection with the improvements in question were heard, and all errors, inaccuracies,
deficiencies and mvahthties were, thereupon, corrected and rectified by the City Council to end
that the amounts of said assessments were jnst and equal; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS-
PART
I: That the public hearing to consider the proposed assessments to be levied
against abutting owners of the street, 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
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 street
hereinafter set out, that the enhancement in value to accrue to said property, and
the real and true owners thereof, by virtue of the construction of said
improvements in said portions o£said street, will be in excess of the amount el'the
costs of said 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 said improvements and the assessments herein
below made are just and equitable and produce substantial equality, considenng
the benefits received and the burdens imposed thereby, and finds that all
prerequisites to the fixing of the assessmenl liens against said abutting propemes,
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 tn reference to the above named
improvements, there shah 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 herem or notl, 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
IN ACCORDANCE WITH THE PAVING ASSESSMENT ROLL
PREPARED BY THE DEPARTMENT OF PUBLIC WORKS OF THE
CITY OF COLLEGE STATION, A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "B" AND INCORPORATED BY REFERENCE
AS PART OF THIS ORDINANCE.
PART 4 That, where more than one person, firm or corporation owns an interest in
any property, above referred to. each said person, firm or corporation shall be
personally liable only for ils, his or her prorata of the total assessment against such
property, m the proportion thai ils, 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 thc assessment Hen upon payment of such proporttonale
sum.
PART 5: That the several sums above referred to, and assessed against the said
parcels of property, and the owners thereof, shall mature on the date the City of
College Stalton accepts the above named improvements.
PART
6: That the several sums above referred to, and assessed against the said
parcels of property, and the owners thereof, and interesl thereon at a rate equal to
the Consumer Price Index in effect at the time the owners sell all or a port/on of
their property, or otherwise convey any interest m their property such that the use
of the property is changed, but m no event to exceed lhe rate of eight percent (8%)
per year, together with reasonable attorney's fees and costs of colleetton, if
incurred, are hereby declared to be, and are made a lien upon the respective
parcels of property against which Ihe same are assessed, and a personal habfllty
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 clmms, except State, County, School District and City ad valorem faxes
PART 7: That in the event the owners sell a porhon of their property, or otherwise
convey an interest in a portion of their property such that the use of said portion ts
changed, a pro mia amount of the several sums above referred to. and assessed
against the said parcels of property, and the owners thereof, and interest thereon at
a rate equal to the Consumer Price Index tn effect at the time the owners sell the
portion of property, or otherwise convey an interest In the portion of property such
that the use of said portion is changed, but in no event to exceed the rate of eight
percent (8%) per year, together with reasonable attorney's fees and costs of
collection, if incurred, shall become immediately due and payable. The pro rata
amount shall be calculated based upon the ratio of acreage sold or other wise
conveyed to the whole parcel
PART
8: That upon proper execution of a Promissory Note and a Mechanic's and
Mateflalman's Lien, on forms prescribed by the City of College Station, the sun, s
so assessed against the abutting property and owners thereof, may be paid, in
equal, monthly mstallmeots not to exceed thirty-six (36) months, as requested by
owners: however, there shall be no monthly installment payment less than Ten
Dollars ($10 00) per month, the first payable on or before thirty (30) days from the
date of maturity of the assessment, and one (I) each month thereat~er until the
total amount is paid. Provided, however, that should the owners sell ali or a
portion of their property, or otherwise convey an interest in their property such
that the use of the property is changed, dunng the term of the Promissory Note, a
pro rata portion of the balance due on the Note to be calculated based upon the
ratio of acreage sold or otherwise conveyed to the whole parcel, shall be and
become immediately due and payable, along with interest thereon at a rate equal
to the Consumer Price Index m effect at the time of the sale or conveyance, but in
no event to exceed the rate of eight percent (8%) per year. Any owner shall have
the right to pay the entire amount, or any installment thereof, before maturity. If
default shall be made in the payment of any installment, promptly as the same
matures, then the entire amount of the assessment upon which such default is
made shall, at the option of the City of College Station, or its assigns, be and
become immediately due and payable, and shall be collectible, together with
reasonable attorney's fees and costs of collection, if recurred.
PART
9 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 sa,d property in the manner provided by law
for sale of property for municipal ad valorem taxes, or, at the option of the smd
City, the payment of the said sums shall be enforced by suit in any court having
jurisdiction.
PART
10' That, for the purpose of evidencing the several sums payable by said
property owners, and the time and terms of payment, and to aid in the enforcement
thereof, assignable certificates may be issued by the City of College Station upon
the acceptance of the said work of improvement by the Director of Public Works
of the City of College Station, which shall be executed by the Mayor, signing the
same, or by hts facsimile s~gnature ~mpressed thereon, attested by the City
Secretary under the ~mpress of the corporate seal, and shall be payable to the City
of College Station, or its assigns, which certificate shall declare the said amounts
and the time and terms of payment thereof, and shall contain the name of the
owner and the description of h~s property by lot or block number or front feet
thereof, or such descnpuon as may otherwise identify the same by reference to
any other fact, and, if said property shall be owned by an estate, then the
description thereof as so owned shall be sufficient
And, the certificates shall further provide that, if default shall be made in
the payment of an installment or pnncipal or interest thereon, when due, then, at
the option of the said City of College Station, being the holder and owner thereof,
the whole of the said assessment shall, at once, become due and payable, and shall
be collectible, with reasonable attorney's fees and costs, ~f incurred.
And, the certificates shall further provide that, should the owners sell all or
a pomon of their property, or otherwise convey an interest in all or a portion of
their property such that the use of the property is changed, a pro rata amount of the
balance due on the Assessment shall be and become immediately due and payable,
along with interest thereon at a rate equal to the Consumer Price Index m effect at
the time of the sale or conveyance, but m no event to exceed the rate of eight
percent (8%) per year. The pro rata amount shall be calculated based upon the
ratio o£acreage sold or other wise conveyed to the whole parcel
And, the certificates shall further set forth and evidence the said personal
liability of thc owner and the lien upon his premises, and shall provide that, if
default shall be made in payment thereof, the same may be enforced, either by sale
of the property by the City of College Station, as above recited, or by stat in any
court having j unsdiction.
And, thc certificates shall further recite that the pwceed~ngs with reference
to making said improvements have been regularly had in compliance with the
terms of the applicable law, and that all prerequisites as to the fixing of the lien
and claims of personal liability evidenced by such certificates have been
performed, which recitals shall be evidence of the facts so recited, and no further
proof thereof shall be required.
And, the said certificates shall also provide that the amounts payable
thereunder shall be paid to the City of College Station, or other holder of said
certificate, shall receipt, in writing, when prod in full, together with all costs of
collection.
And, the said certificates shall further provide that thc C~ty of College
Station shall exercise all legal power, when requested to do so by the holder of
said certificate, to aid in the collection thereof, but the City of College Station
shall, in nowise, be liable to the holder of said certificates, in any manner, for
payment of the amount evidenced by the said certificates, or for any costs or
expense in the premises, or for any failure ot'the said Cily Council, or any of its
officers, in connecllon therewith
Full power to make and levy reassessments, and to correct mistakes,
errors, invaiidities or irregularities, either m the assessments or in the certificates
issued in evidence thereof, is, in accordance with the law in ~'oree in this City,
vested in said City.
PART 11. All assessments levied are a personal hablhty and charge agmnst the real
and true owners of the premises described, notwithstanding such owners may not
be named, or may be incorrectly named
PART 12: That the assessments hc~in 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 II, Section 11, of the Charter of the City o£ College
Station, Texas, which is said law has been adopted as an alternahve 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, m 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 thal the assessments levied
in Section 3 of this Ordinance will be adequate for the City of College Station to
finance said improvements, the contract previously awarded to Fuqua
Construction, 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 Ordinance, or any parts not vmd, shall remain ~n £ull t'oree and
effect as though separately passed and approved
APPROVED:
RON SIL.V'fA;~I~ ~-o r
AT'f~$T:
Connte Hooks~-Cib/'S ec re~ar~
APPROVED:
Ci~ A~omey~
EXHIBIT A
Lonemire Drive - fi.om Graham Road to its current termination at the Eaele Ro~d
Intersection - 48' wide street fi'om back of curb to back of curb with (2) - 6'
sidewalks
Tract I
A lot. tract or parcel of land being 1.085 acres situated in the Robert Stevenson Survey,
Abstract No. 54, City of College Station, Brazos County, Texas and being a parl of that
certain called 25.6 acre tract as described in deed from R.B. Tolson to Myrtle L. Tolson
of record in Volume 3115, Page 35, Official Records of Brazos County, Texas.
Tract 2
A lot, tract or parcel of land being I 637 acres situated in the Robert Stevenson Survey,
Abstract No. 54, City of College Station, Brazos County, Texas and being a part of that
certain called 19.57 acre tract as described in deed from OCC Construction Corporation
d/b/a Oakwood Custom Homes to Oakwood Custom Homes Group, Ltd Ofrecord in
Volume 4475, Page 82, Official Records of Brazos County. Texas
Tract 3
A lot, tract or parcel of land being 1.047 acres situated in the Robert Stevenson Survey,
Abstract No. ~i4, City o£College Station, Brazos County, Texas and being a part of'that
certain called 21.00 acres tract as described in deed fi'om Kenneth L. Neatherlin and
James R. Jackson to JK Development, L.L.P. of record in Volume 2539. Page 71,
Official Records of Brazos County, Texas.
Tract 4
A lot, tract or parcel of land being 0.64 acres situated in the Robert Stevenson Survey,
Abstract No. :54, City of College Station, Brazos County, Texas and being a pan of that
certain called 22.796 acre tract as described in deed from .Ioseph S. Osoba and wife
Mildred L. Osoba to Pey~on Waller, Volume 327, Page 90, Deed Records of Brazos
County, Texas.
, Von_~-_~asares: Exh_l_bl_t B xls__ -- _ _ _-_- __ -- _ ..... ---- .... ~age-l-J
Longm~re South Graham to Cypress Meadows Project ST0100
Department Public Works/Eng~neenng
r" 'umber 04-61
Exhibit B South Graham
Approximate Amount
tern No Descnet~on Quanllty Und Unit Pnce Amount Cost Type %
1 Prepare r~ht-of-wsy I LS $95 600 00 $$6,600 60 Street 90 $85,500 60
2 ~ommon Excavet~on (Unclaas~lied) 10300 CY $8 10 $62 830 60 Street 90 $56~547
3 :hannel Excavation t050 CY $9 30 $9,765 60 St~et 90 $8,788 50
4 .ime StablJlzabon 6' 15500 SY $2 20 $34,100 00 Street 60 $30,690 00
5 type 'A' Hydrated L~me 210 TONS }92 00 $19,320 00 Street 90 $17,388 60
6 P Re~nl'orced Concrete Pavement 13950 SY $26 60 $362.760 60 Street 90 $326,430 00
7 donohthic Reinforced Concrete Curb 5525 LF $1 60 $8,840 60 C & G 100 $8,840 00
8 ~elnforced Concrete Dnve 5' 339 SY $25 00 $8,475 00 Street 90 S8,475 00
9 t' Reinforced Concrete Sidewalk 3510 SY $22 00 $77,220 00 Sidewalk 160 $Z7,220 60
10 Modifiable Inlet w/2 Extensions 8 E^ $2.710 00 $16.260 60 Street 90 $14.634 IX)
11 ~einforced Concrete Junction Box 1 EA $2.180 00 $2,180 60 Street 90 $1,962 00
12 i0' RCP Class 15 300 LF $63 00 $18,900 00 Street 60 $17,010 00
13 ~?' RCP Class III 300 LF $63 60 $18.600 00 Street 90 $17,010 60
14 !1" RCP Class III 300 LF $50 00 $15 600 60 Street 90 $13.500 00
15 18' RCP Class Ill 150 LF $42 00 S6,300 00 Street 90 $5,670 00
1E i' Concrete Channel Lla~ng 450 SY $30 00 $13.500 00 Drain Str NIA $0 00
17 12' Concrete Wlngwall Foundet~on 150 SY $45 60 $6,750 60 Drain Str NI^ $0 00
1E I'ConcreteWln.qwall(Plaln) 150 SY $11100 $16,65000 Dra~n Str NIA $000
lS ~elnl'orced Concrete Reta;nlnR Wall (02') 300 LF $15 50 S4,650 00 S~lewalk 100 $4 650 60
2{~ i" Concrete Rip Rap (plain) 3?5 SY $38 60 $14,250 00 Drain Sir NIA $0 60
2 t 0 x 6' P~.c. aat Concrete Box Culvert 308 LF $409 60 $125 972 00 Dra~n Sir NIA $0 60
23 Concrete Bndge Rail (Tv~e 502) 100 LF $63 60 $6.300 60 Dra~n Str NIA ~0 60
23 Bridge Ra~l Terminals 2 FcA $2~855 00 $5,710 60 Drain Str N/A $0 00
24 Metal Beam Guard Fence 125 LF $38 00 S4,750 00 Drain Str N/A $6 00
25 Turndown Guard Rail Terminals 2 EA $620 60 $1,240 00 Drain Str N/A $0 60
26 Slreet L~ght Foundet~on (complete) 12 EA $300 00 $3,600 00 L~ghbng NIA $0 60
27 Street Light Concmt-2' Grey PVC 2675 LF S4 10 $10,967 50 Lighting NIA $0 00
~.8 Spare Electncal Condu~t-4' Grey PVC 350 LF $12 00 $4,200 00 Lighting N/A $6 00
26 Concrete Balfle Blocks 12 SY $253 60 $3 036 00 Drain Str NIA $6 00
30 4' Re~nforced Concrete Flumes 40 SY $68 60 $2,720 60 Street 90 $2,448 00
i 31 P~=,..,=~r=nt Raised Pvement Markln~;s-Typell .~A 600 EA $6 60 $5 160 00 Street 90 $4 644 00
32 Pe,,,,=,,=,,I Raised Pavement Markings Type I C 2160 EA $4 30 $9 030 00 Street 90 $8 127 00
I Vonn_C_asare__s_- Exh_~_b? B xls Pa.ge 2 J
I 33 :~ermanent S~.qns and Pavement Markings {other) I LS $15,0~4 00 $16.084 00' Street-- 90 $13,575 60
34 ~tormwater Mace.qement 1 LS $8,046 0.q $8.046 00 Street 90 $7,241 40
35 ['opso~l-Dehvered 200 CY $13 00 ~:;.Ann 00 Street 90 $2,340 00
56 'lydrur.ulch Sedd~ng (.qrass covera.qe) 3300 SY $0 50 $1.650 00 Street 90 $1.485 00
37 ~lluxt exlshn.q manhole 1 EA $1,200 00 $1.200 00 Street 90 ~1,080 00
38 3arncades Sl.qce, & Tragic Handltn.q I LS S3,233 00 ~'~?'~3 00 Street 90 S2,909 70
39 ~emlanent Barbed Wire Fence 5300 LF $3 70 $19.810 00 Extra NIA $0 00
44~111ype I Fence Gale 2 EA $323 00 $646 00 Extra N/A $0 00
~,tandard Hand Ra~l 150 LF $54 00 $8,100 00 Slreet 90 $7,290 00
42 J" Stone R~prap 60 SY $42 00 $2,520 00 Street 90 $2,268 00
4.~ I1' x 48' HD Frame and Grate Inlet 8 EA ~1,580 00 $12,64000 Street 90 $11,37600
4~1 .'ement Stabilized Sand Backfill 250 CY $21 00 $5,250 00 Slreet 90 $4,725 00
ALT B i' Concrete Riprap (colored) 375 SY $2,625 00 $2,625 00 Extra N/A $0 00
43 :n;l~neennclDesKinFees/Suwe¥ 1 LS $13492800 $134,92800 NIA NIA $000
4E ~.qht-ol'-wayAcqu~s~t~on I LS $218,11672 $218,11672 N/A N/A $000
I 47 ~spect~on/Test~n~q/M~scetlaneo us I LS $45,000 00 $45.000 00 N/A N/A 9000
Esl~mated ProJect Costs $1,475 524 22 Estimated Assessment $763,82,1.20
I Yon_n_ Cas_ares - Exh~b,t B Summary doc -- ~ag~]
$462,750 61
De~apt~n
$99 497 79
$99 497 80
Total ~ ...... t: S108,~96 69
*Development Agreement ROW
1Yact 3
JK DevMopmenl L L P
P 0 Box 3321
Bryan, Texaa 77805
Tract 4
S223,23727
S122 85702
Oahl= Boothe W~lsr
2707 P~rmhurst Cr
Bryan TX 77802