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Home My WebLink About1973-0870 - Ordinance - 04/23/1973ORDINANCE NO. 870 THE STATE OF TEXAS X COUNTY OF BRAZOS X On this the 23rd day of April, 1973, 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, and a quorum thereof; being present and passed the following ordinance: AN ORDINANCE ORDERING THE IMPROVEMENTS OF CERTAIN PORTIONS OF BROOKS AVENUE FROM JAMES PARKWAY TO WALTON DRIVE; BOLTON AVE- NUE FROM JAMES PARKWAY TO WALTON DRIVE; ANDERSON STREET FROM PARK PLACE TO EXISTING CURB AND GUTTER SECTION; JANE STREET FROM UNIVERSITY DRIVE TO COONER STREET; AND LUTHER STREET FROM F. M. 2154 TO THE ABANDONED MISSOURI PACIFIC RAILROAD; PROVIDING THE NECESSARY MATTERS INCIDENTAL THERETO, INCLUDING DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS THEREFOR; AND DE- CLARING AN EMERGENCY. Councilman moved that the ordinance be passed and adopted upon its reading, seconded by Councilman and carried by unanimous vote. The Mayor then declared the ordinance finally passed. The ordinance- is as follows: AN ORDINANCE ORDERING THE IMPROVEMENTS OF CERTAIN PORTIONS OF BROOKS AVENUE FROM JAMES PARKWAY TO WALTON DRIVE; BOLTON AVE- NUE FROM JAMES PARKWAY TO WALTON DRIVE; ANDERSON STREET FROM PARK PLACE TO EXISTING CURB AND GUTTER SECTION; JANE STREET FROM UNIVERSITY DRIVE TO COONER STREET; AND LUTHER STREET FROM F. M. 2154 TO THE ABANDONED MISSOURI PACIFIC RAILROAD; 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 the 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 Statues of Texas, together with existing amendments and all such amend- ments since that time made, and acts supplementary thereto; and ,332i Ordinance No. 870 Page 2 WHEREAS, the present condition of said streets endangers health and safety, and it is necessary that the improvements thereof be proceeded with while the weather will per- mit and such improvements will be delayed pending the passing and taking effect of this ordinance, and such facts constitute and create an emergency; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: I: That the herein below mentioned portions of streets 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 line, and by paving and installing drains, in- lets 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 portions of streets and places being as follows, to -wit: COMMENCING at the intersection of Brooks Avenue and James Parkway thence in a northeasterly direction along Brooks Avenue until same intersects Walton Drive; COMMENCING at the intersection of Bolton Avenue and James Parkway thence in a northeasterly direction along Bolton Avenue until same intersects Walton Drive; COMMENCING at the intersection of Anderson Street and Park Place,, thence in a northwesterly direction along Anderson Street until same meets existing curb and gutter section; COMMENCING at the intersection of Jane Street and University Drive thence in a northwesterly direction along Jane Street until same intersects Cooner Street; COMMENCING at the intersection of Luther Street and F. M. 2154 thence in a southwesterly direction along Luther Street until same intersects the east right-of- way line of the abandoned Missouri Pacific Railroad. II. Each of 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 improvement of each unit according to the cost of improve- ment in that unit and according to the benefits arising from the improvements in that unit and independent of the cost of and of the benefits arising from the improvements in the other units. Ordinance No. 870 Page 3 Each portion of streets herein ordered improved shall be paved with the following materials, to -wit: Six (6) inch compacted depth of flexible base, as specified by the City Engineer, with a one (1) inch plant mix surfacing, or four (4) inch black base and 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. The cost of the improvements in each district or unit shall be paid as follows: (a) All the cost of making and constructing improvements in areas designated shall be assessed against the owners of abutting property who shall pay Four and No/ 100 Dollars ($4v00) 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. (b) After deducting the Four and No/100 Dollars ($4.00) per front foot assessed against the abutting property owners, 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 assess- ment shall be levied in any case until after notice and hearing, as provided by law and charter in force in the City of College Station, and the proceedings in the City with reference thereto, and no assessment 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 hearings. IV. 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. 0=11 Ordinance No. 870 V. Page 4 The omission of improvements in any unit shall not affect the validity of the assessments for improvements in any other unit, and 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 improvements shall not affect or impair the validity of assessments against property in front of which improvements may be constructed. VI. The conditions of said streets and avenues 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 ordi- nance, 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 effect as, an emergency measure, and that the same shall be in full force and effect immediately from and after its passage. PASSED AND APPROVED this 23rd day of April, 1973. APPROVED: �hw VA r ATTEST: City Secretary �t5e_