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Home My WebLink About1987-1703 - Ordinance - 05/14/1987ORDINANCE NO. ]703 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE PROPERTY OWNERS ABUTTING UPON HOLLEMAN STREET IN THE CITY OF COLLEGE STATION, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET AND AS TO ANY ERRORS IN VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH PARCEL OF PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET, WITHIN SAID LIMITS DEFINED; FIXING A CHARGE AND LIEN UPON SAID PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF; ADOPTING THE ENGINEER'S ROLLS; AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS. WHEREAS, the City Council of the City of ColleGe Station, Texas, heretofore ordered on June 28, 1984, that the following street in said city be constructed by raisinG, GradinG, fi]lina same, installing concrete curb and autter and by pavin~ and by install- inG sidewalks, drains, inlets and storm sewers, where provided in the plans, with necessary incidentals and appurtenances, in ac- cordance with the plans now on file with the City, and in accor- dance with the specifications therefor; said portion of said street being as follows, to-wit: That portion of Holleman Street from Texas Avenue to the Fast Bypass Feeder Road (West), all as shown on the plat attached hereto as Exhibit "A"; WHEREAS, prior to the construction of the project, the qoverninG body prepared estimates of the costs of the improvements; WHEREAS, prior to the construction of the project the Governinq body sought an independent appraiser's calculation of the en- hancement value to the property; and WHEREAS, the City Council proposes to assess a portion of the cost of such improvements against the owners of the property abutting thereon and against such property; 004986 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT= The City of College Station does hereby assess a portion of the cost of said improvements on said portion of Holleman Street against abutting property thereon and against the owners of such property; said assessments to be levied in exercise of the power granted in Article II, Section XI of the Charter of said City, and as provided by Acts of 1927, 40th Legislature of the State of Texas, First Called Session, Chapter 106, Page 489, as amended, commonly known as Article 1105-b, Revised Civil Statutes of Texas, and Chapter 3, Section 5-M, in the Code of Ordinances for the City of College Station. II. Said Engineer's Rolls or estimates be and the same are hereby adopted. III. The several amounts proposed to be assessed against such parcels of property and the owners thereof are herein described in the schedule from the City Engineer as set out in Exhibit B. The assessments enhance the value of the abutting properties in an amount in excess of the cost of such improvements. Where more than one person, firm, or corporation owns an interest in any property above described, each person, firm, or corpora- tion shall be personally responsible only for its, his, or her pro rata portion of the total assessment against such property in proportion as its, 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 the assessment lien upon payment of such proportionate sum. IV. Hearings have been held by and before the governing body of the City of College Station, Texas on the 23rd day of April, 1987, and on the 14th day of May, 1987, at 7:00 P.M. at the City Council Chambers of the City Hall of the City of College Station, - 2 - 004987 Texas prior to matters, testimony, and objections considered at such hearing. The City Council has determined that the proper- ties, and each and every parcel of said property abutting upon the street, has been enhanced in value and specially benefited by the construction of such improvements in an amount in excess of the amount of the cost of such improvements, and said amount is hereinafter assessed against each of said parcels of property abutting upon said street and the real and true owners thereof. There being no further protests or testimony for or against or in reference to said improvements, benefits, or proceedings, said hearing granted to the real and true owners of properties abut- ting upon said street and to all persons, firms, corporations, and estates owning or claiming same or any interest therein, shall be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be and the same are hereby overruled and denied. Assessments against abutting property and the owners shall be a personal liability of the owners of such property and a first and prior lien on the property against which assessments are levied, and shall be due and payable over a three (3) year period, with no interest due or payable, in equal annual installments. The first installment due and payable on or before the first day of the first month following the passage of one (1) year from the date of the completion and acceptance of the street or road im- provements by the city, and a like installment on or before said day and month of each year thereafter until the entire sum is paid. If any of the annual installments above shall become de- linquent for more than ten (10) days, and if the city manager does not grant an extension of time for proper cause shown, then any balance remaining unpaid at the time shall become due and payable immediately and shall draw eight percent (8%) interest per annum until paid. VI. The City Secretary of the City of College Station is directed to give notice to the real owners of the property abutting upon the said portions of the street and to all others interested, of the - 3 - 004988 assessment levied and the amount thereof by publication in a newspaper published in and of general circulation in the City of College Station, Texas; and that further the City Secretary is to direct that notice be sent to each of the property owners of the assessment, the amount thereof, and the t~me in which ~t must be paid. Notice by advertisement and publication shall in all cases be sufficient and binding whether or not any other kind or character of notice be given. PASSED and APPROVED this 14thday of May · 1987. ATTEST: City Secretary APPROVED AS TO FORM: APPROVED - 4 - 004989 TO HOUSTO;{ STATE HIGHWAY 6 ( TEXAS AVENUE t ..,...'' a I I I I I I I I I I I I ,' I I I I I ,* I I I I I I I I I I I I I I I I I I ". ~ t! 131.28 ~l TIncT ~Y~ ill~ 77~ I AYFI~I Iii ~rI I t~ ~IEI ~ii 9. I ~/]l~ liI~ 787~I I I · ~ ~l~ I 4~ ~ I IY~, TE~ 7~2 I d N. ~ lT ~ I!1.~ ~ T~T I I E~IS J. 'TI ~i ~ ,RY~ TEI~ 77103 121.11 ~ TIncT I I I I I I I I I I I I t I I , I , I , I I I I I I I I I I I ~t ~lIi~YlO~l I I I I I I I '42 ~TE I I I I I I I I liY~ TRAS 77~2 I I I I I I I I lIeF lil~ 77~7~ I I I I I I I Exhibit "B" no4991