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HomeMy WebLinkAbout1974-0941 - Ordinance - 08/26/1974ORDINANCE NO. 941 THE STATE OF TEXAS X COUNTY OF BRAZOS X On this the , the City Council of the City of College Station, Texas, convened in regular session in the regular meeting place of said city, and a quorum thereof: being present, and the following absent, to wit: and passed the following ordinance: AN ORDINANCE APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR IMPROVEMENT OF CERTAIN PORTIONS OF THOMAS STREET; DIRECTING ADVERTISEMENT OF BIDS FOR SUCH IMPROVEMENTS; AND DECLARING AN EMERGENCY. WHEREAS, the governing body of the City of College Station, by ordinance passed the , ordered and provided for the improvement of certain portions of Thomas Street and defined and designated in said ordinance as the District to include the streets commencing at the intersection of Thomas Street and Dexter Drive, thence in a southwesterly direction along Thomas Street until same intersects Hereford Drive; and WHEREAS, the City Engineer has prepared and filed with the governing body of the city, plans and specifications for such improvements and same have been examined and in all respects, approved; and WHEREAS, that present condition of said streets endangers 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; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: 1. That said plans and specifications prepared by the City Engineer and now on file with the City be and the same are hereby adopted and approved. 2. That the City Manager be and he is hereby directed to advertise for sealed competitive bids for the making and construction of such improvements, such advertisement to be made by causing notice to be published in a newspaper published in and of general circulation in the City of College Station, Texas, such publication to be made at least two times, and the first publication to be made at least fourteen days before the date stated therein for the receipt of bids. Such publication shall be made in such papers and circu- lation as the City Manager may deem desirable, but publication in such newspaper in the City of College Station shall be sufficient whether or not any other notice or advertisement be given or made. 02501 ORDINANCE NO. 941 Page 2 COMMEENCING at the intersection of Thomas Street and Dexter Drive thence in a southwesterly direction along Thomas Street until same intersects Hereford Drive. 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 the improvement 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. 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 ($4.00) 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 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 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. ORDINANCE NO. 941 Page 3 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. V. The omission of improvements in any unit shall not affect the validity of the assessments for improvements in anh other unit, and the omission of improve- ments 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 endangers 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 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 26th day of August, 1974. APPROVED /( �') G% I /­X� Mayor ATTEST City Secretary 02503